Muslim diaspora law is the Islamic law that deals with specific and unique issues facing Muslim diasporas, that is, Muslim populations permanently settled in non-Muslim states. Muslim diaspora law, just like any other part of Islamic law, must be compatible with the Basic Code, the Qur'an and the Prophet's Sunnah. Because Muslim emigrants face social, economic, and political circumstances that Muslims living in Islamic states do not, Muslim diaspora law dealing with worldly matters (muamalaat) may differ from the conventional norms of Islamic law. The difference of circumstance, however, cannot compromise the basic principles of Islamic law. For the most part, Muslim diasporas are not exempt from the primary obligations of ibadaat (acts of worship), including daily prayers, fasting in the month of Ramadhan, and paying zakah. Nor are Muslims authorized to make changes in laws dealing with ibadaat. The fundamental principles, including piety in lifestyles, reverence for parents, kindness for children, respect for spouses, and care for neighbors remain unchanged and apply to all Muslims, regardless of where they live or work. Muslim diaspora law discussed in this chapter does not answer all the predicaments that Muslims face in non-Muslim states. However, this chapter discusses a few general ideas and invites scholars to further develop Muslim diaspora law.

The diaspora law is also applicable to occupied Muslim communities. Occupied Muslim populations share one simple but momentous fact with Muslim diasporas, that is, each population lives as a minority among non-Muslims. Occupied Muslim communities living under the sovereignty of non-Muslim states face many social, economic, cultural, and religious challenges similar to Muslim diasporas settled in non-Muslim states.