Question:
If a Muslim lives in the lands of disbelief and has the means to leave and live in the lands of Islam but chooses to stay is he sinning?
Answer:
The majority of the scholars of the Sunnah are of the opinion that the one that can not establish his religion (pray, fast, have a beard, women cover, openly show hatred towards the kufaar) and the laws of the disbelievers force him to disobey his Lord (interest, free mixing, forced government schools) it is obligatory for him to leave and migrate from the lands of disbelief and if he chooses to stay amongst the disbeliever he is sinful.
And the evidence for this is the ayah in Surah An-Nissa where Allah says:
إِنَّ الَّذِينَ تَوَفَّاهُمُ الْمَلآئِكَةُ ظَالِمِي أَنْفُسِهِمْ قَالُواْ فِيمَ كُنتُمْ قَالُواْ كُنَّا مُسْتَضْعَفِينَ فِي الأَرْضِ قَالْوَاْ أَلَمْ تَكُنْ أَرْضُ اللّهِ وَاسِعَةً فَتُهَاجِرُواْ فِيهَا فَأُوْلَـئِكَ مَأْوَاهُمْ جَهَنَّمُ وَسَاءتْ مَصِيراً
إِلاَّ الْمُسْتَضْعَفِينَ مِنَ الرِّجَالِ وَالنِّسَاء وَالْوِلْدَانِ لاَ يَسْتَطِيعُونَ حِيلَةً وَلاَ يَهْتَدُونَ سَبِيلاً
{Indeed, those whom the angels take [in death] while wronging themselves – [the angels] will say, “In what [condition] were you?” They will say, “We were oppressed in the land. “The angels will say, “Was not the earth of Allah spacious [enough] for you to emigrate therein?” For those, their refuge is Hell – and evil it is as a destination. Except for the oppressed among men, women and children who cannot devise a plan nor are they directed to a way.} [4:97-98]
This is because Allah only made an exception for the weak and oppressed from the men, women and children. So if he is not weak but is capable of devising a way out and he chose not to, then this ayah is a proof the person is deserving of the punishment of Allah. But as for the one that is able to establish his religion (pray, fast, have a beard, women cover, openly show hatred towards the kufaar) and the rules of the disbelievers do not force him to disobey his Lord and he has the means to leave, from the angle of permissible and impermissible, then it is allowed but he is blameworthy.
And Allah knows best.
Answered by: Shaikh Abu Abdillah Muhammad Ba Jamaal (May Allah preserve him)
Source: https://t.me/OfficialChannelShaykhBaajammaal/36
Translated by: Abu Yusuf Bilal ibn Howard Robinson