Shaykh Saleh Al-Fawzan had been asked this exact question regarding minority Muslims in the West and other non-Muslim nations. In one recorded audio fatwa explaining this specific Hadith, a questioner asked:
“(Question:) Concerning the author’s statement, may Allah have mercy on him, ‘It is not permissible for anyone to spend the night without having a pledge of allegiance upon his neck,’ then how is this, Your Eminence, when we reside in the lands of the unbelievers? To whom is the pledge of allegiance upon our necks due?
(Answer:) “This is among the disadvantages of residing in the lands of the unbelievers; this is among the disadvantages of residing in the lands of the unbelievers. Therefore, do not reside there except only out of necessity, and only to the extent required by that necessity. But if you have an alternative, then it is not permissible for you to reside there. (As Allah says in The Quran:) {Indeed, those whom the angels take in death while wronging themselves—they will say, ‘In what circumstances were you?’} [Qur’an 4:97]. ‘In what circumstances were you?’—that is, they ask them in which place they were. Among the disadvantages of residing in the lands of the unbelievers is that there is no Muslim imam (ruler) there, and that the rulings of the unbelievers are applied to him. But if one is compelled to this (i.e living in Non-Muslim lands), if one is compelled to this, then he remains only to the extent of necessity.” [End of the answer.]
Shaykh Muhammad bin Saleh Al-Uthaymeen touches upon this in his explanation, Al-Sharh Al-Mumti’ ‘ala Zad Al-Mustaqni’. He clarifies that since the Muslim world fractured centuries ago, the ruler of any specific region takes the exact legal ruling of the General Imam (Muslim ruler) for the people living within those borders, rendering a singular worldwide bay’ah (pledge of allegiance) non-applicable.
Shaykh Ibn Uthaymeen’s explanation:
“His statement, ‘or if the imam mobilizes him’: this is the third circumstance.
If ‘he mobilizes him (for fighting the enemy),’ that is, he says: Go forth.
And his statement, ‘the imam’ means the highest authority in the state. It is not a condition that he be a general imam for all Muslims, because the universal imamate has long since ceased to exist. The Prophet (Salallahu Alaihi Wa Sallam), said: ‘Hear and obey, even if an Abyssinian slave is appointed over you.’ If a person assumes authority over a certain region, he takes the position of the general imam; his word becomes enforceable and his command obeyed. Since the time of the Commander of the Faithful, ʿUthmān ibn ʿAffān, may Allah be pleased with him, the Muslim community began to fragment: Ibn az-Zubayr in the Hijaz, Banū Marwān in ash-Sham, and al-Mukhtār ibn ʿUbayd and others in Iraq. Thus the community became divided, yet the imams of Islam have continued to hold that loyalty and obedience are due to whoever has assumed authority in their respective region, even if he does not possess the universal caliphate.
By this we come to know the error of a faction that has arisen saying: ‘There is no imam for the Muslims today, so no bayʿah is due to anyone!’ We ask Allah for well-being. I do not know whether these people want affairs to become chaotic, with no leader to govern the people, or whether they want it to be said: every person is his own ruler.
If such people die without a bayʿah, they die a death of jāhiliyyah—Allah’s protection is sought—because the practice of the Muslims for long ages has been that whoever gains control over a region and holds the highest word therein is its imam. The scholars have explicitly stated this, such as the author of Subul al-Salām.”
(The Hadith above: “Reported by al-Bukhārī in Kitāb al-Adhān, Bāb Iqāmat al-ʿAbd wa’l-Mawlā (no. 693), from Anas, may Allah be pleased with him. Its wording is: ‘Hear and obey, even if an Abyssinian slave is appointed over you, whose head is like a raisin.’”)
[Ibn ʿUthaymeen, ash-Sharḥ al-Mumtiʿ ʿalā Zād al-Mustaqniʿ, 1st ed. (Dār Ibn al-Jawzī, 1422–1428 AH), vol. 8, pp. 9–10.]
The Hadith in discussion is a part of a longer Hadith from Sahih Muslim: “… “One who withdraws his hand from obedience (to the ruler) will meet Allah on the Day of Resurrection without any proof (in his defense), and whoever dies without having a pledge of allegiance (bay’ah) on his neck, dies a death of ignorance (jahiliyyah).” (Sahih Muslim, 1851)
The other famously quoted Hadith, that is: ‘Anyone who dies without knowing the Imam of his time will die the death of one belonging to Jahiliyyah’. The Hadith in this wording was fabricated by the Shiites and falsely ascribed to the Prophet (peace be upon him). (See here)
The benefits (Fawa’id) derived regarding the topics of leadership (Imamah) and the pledge of allegiance (Bay’ah) from the speech of the two Shaykhs:
Benefit 1: The Cessation of the Universal Imamate (Universal leadership):
Shaykh Ibn Uthaymeen clarifies a historical and jurisprudential reality that the Universal Caliphate (Al-Imamah Al-‘Ammah) encompassing the entire Muslim world ceased to exist centuries ago, beginning with the early fragmentation during the era of the Companions and their successors.
Benefit 2: Regional Rulers Hold the Status of the General Imam (the Muslim ruler):
Despite the absence of a single global Caliph or ruler, the concept of Islamic leadership remains entirely valid. Whoever gains authority, power, and the highest word over a specific region takes the exact legal position of the General Imam for the people of that region.
Benefit 3: Bay’ah is Geographically Bound to Jurisdiction:
The obligation of Bay’ah (pledge of allegiance) is tied to actual authority and jurisdiction. A Muslim is only required to hold a pledge of allegiance to the ruler who holds authority over the specific region in which that Muslim resides.
Benefit 4: The Absence of Bay’ah for Minorities in Non-Muslim Lands:
As derived from Shaykh Al-Fawzan’s answer, because Muslims residing in non-Muslim lands do not live under the jurisdiction of a Muslim ruler, the specific obligation of having a Bay’ah upon their necks is fundamentally suspended. It is an obligation tied to capability and circumstance.
Benefit 5: The Invalidity of Cross-Border Pledges: Combining the principles from both scholars, it becomes evident that pledging allegiance to a foreign ruler (such as a Muslim in India pledging to the ruler of Saudi Arabia) is invalid. The foreign ruler does not possess authority or the ability to enforce laws and protect the blood and wealth of people outside his borders.
Benefit 6: The Danger of the Kharijite Ideology Regarding Leadership:
Shaykh Ibn Uthaymeen issues a severe warning against groups who claim that because there is no Universal Caliph, there is no Bay’ah owed to anyone today. This is an erroneous and dangerous methodology intended to create chaos and rebellion, contradicting the established practice of the scholars (Imams) of Islam for centuries.
Benefit 7: The Correct Application of the Hadith on the “Death of Jahiliyyah”:
The severe warning of dying a death of pre-Islamic ignorance applies specifically to a person who lives in a region governed by a Muslim ruler but refuses to recognize or pledge allegiance to that established authority. It does not apply to a Muslim living in a non-Muslim land where no such Islamic authority exists.
(What causes the Bay’ah to be cancelled? Read here to know more.)
(Translated and benefits added by Mohammed bin Thajammul Hussain Manna.)
Saheehus-Seerah 