IslamQA

Permanent and non-Permanent Home.

Answered according to Hanafi Fiqh by DarulUloomTT.net

Question:

What is meant by Watan Asly (permanent home) and Watan Eqamah (place of residence). For example a person leaves India and goes to London together with his family on a Residence Status, he then stays there for 8-10 years. Or a person, together with his family goes to London and begins to live there on a Residence Status. Both of them says that our intention is not to stay here in London forever, after 10-15 years we’ll go back to our native place (India etc.). What is the Watan Asly (permanent home) of such person, India or London?


Answer:

Watan Asly or permanent home refers to a person’s place of birth or such place where he was married or a place where he intends to live without moving.

Watan Eqamah or place of residence refers to that place where a person intends to stay for 15 days or more.

The Watan Asly or permanent home of such person (as mentioned above) would be India and not London. The reason is that accepting Citizenship of another place does not affect a person’s original Watan Asly (home) until and unless he makes the other place his permanent home.

(Tahtawi – Pg.233/ Halbi Kabir – Pg.544/ Shaami – Vol.2 – Pg.131/ Imdaadul Fatawa – Vol.1 – Pg.392/ Fatawa Alamgeeri – Vol.1 – Pg.227/ Ahsanul Fatawa – Vol.4 – Pg.100).

And Allah knows best.
Mufti Waseem Khan

This answer was collected from DarulUloomTT.net, which is operated under the supervision of Mufti Waseem Khan from Darul Uloom Trinidad and Tobago.

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