Abstract:
Migration has occurred continuously throughout human history and is influenced by social,
religious, economic and political factors. The process of migration can be divided into legal and
illegal forms. Entering the territory of a state without valid authorization constitutes a criminal
offence punishable under national and international law. Nevertheless, this particular topic
continues to spark debates among classical and modern Islamic jurists in the context of Islamic
law. In this context, the study was conducted from the perspective of Islamic jurisprudence
through legal analysis to identify illegal migration and its consequences. The primary data for this
study was obtained from the Quran and Sunnah, and some data was derived directly from the
religious decisions and opinions of Islamic scholars. The main factor that led to illegal migration
was the severe economic crisis faced by Sri Lanka, especially in the wake of COVID-19. Illegal
migration predominantly originates from eastern and northern Sri Lanka to destinations including
India, France, and Australia, causing significant economic and national security issues for the Sri
Lankan government. As for Islamic jurisprudence, in His Holy Quran 67:15, 22:46, 62:10, 47:10,
the Almighty encourages travel on earth but does not support its use as a threat to the country's
government or sovereignty of his people. In addition, Islamic legal scholars cite Quranic verse
24:27 to address the issue of entering the territory of a country without its authorization, which is
classified as Makruh Tahrimi (strongly discouraged and condemned) or, in some scholarly
interpretations, as Haram (prohibited and illegal). Conversely, jurists such as Imam Shafi, Imam
Ahmad ibn Hanbal and Abu Hanifa agree that a person must perform hijra (emigration) when the
country's circumstances are not conducive to fulfilling his obligatory duties. In countries where
Muslims are a minority, such as Sri Lanka, it is a Muslim's duty to abide by the laws of a country
and respect the customary law based on the Siyāsa sharʿiyya. In Islamic jurisprudence, illegal
migration is fundamentally seen as an infringement on a sovereign nation's territorial boundaries
and is discouraged as it disrupts the peaceful coexistence of its citizens.
