Dār al-Islām and Dār al-Harb
The term dar al-islam, which literally means “the house or abode of Islam,” came to signify Islamic territory in juridical discussions. For the majority, it is thus suggestive of a geopolitical unit, in which Islam is established as the religion of the state, in contrast to dar al-harb, territory not governed by Islam. The signs of legitimacy by which one could speak of a geopolitical unit as dar al-Islam would include a ruler or ruling class whose self-identity is Islamic, some institutional mechanisms by which consultation between the political and religious elite is possible, and a commitment to engage in political and military struggle to extend the borders of the dar al-islam… The term dar al-harb, which literally means “the house or abode of war,” came to signify in classical jurisprudence a geopolitical reality; hence, it may also be rendered the “territory” of war.
The technical meanings of dar al-Islam and its associated terms are not found in the two primary sources of Islamic law, the Holy Quran and the Sunnah of the prophet Muhammad (peace be upon him).. The term dar al-Islam appears in the Holy Qur’an and in that regard Almighty Allah says:
﴿لَهُمْ دَارُ السَّلَامِ عِنْدَ رَبِّهِمْ وَهُوَ وَلِيُّهُمْ بِمَا كَانُوا يَعْمَلُونَ﴾
For them will be a Home of Peace with their Lord: He will be their Friend, because they practiced (righteousness).
Technically, according to Imam al-Kāsānī, dar al-Islām is the territory where Islamic Law is implemented. Dār al-harb is the territory under the effective control of non-Mulims in which they implement their own laws. It will remain dār al-harb even if Muslims inhabit it when they are not capable of implementing Islamic Law. Hence, the real distinguishing factor between dar al-Islām and dār al-harb is whether or not Islamic Law is actually or potentially implemented there. As to when a dar al-Islām converts into dār al-harb and vice verse there is a difference of opinion. Majority jurists including the Sāhibayn of Abū Hanīfah – Abū Yūsuf and Muhammad – believe that when laws other than Islamic Law is enforced and Muslims lose the capability to implement Islamic Law in the territory it converts into dār al-harb. On the other hand, Abū Hanīfah holds that dar al-Islām converts into dār al-harb when three conditions are fulfilled, namely, implementation of the laws of kufr, contiguity to dār al-harb, and termination of the amān of Muslims. What is simply means is that non-Muslims enjoy effective control of the territory and Muslims become their subjects. Muslim scholars maintain that the labeling of a country or place as dār al-Islam or dār al-harb revolved around the question of religious security.
The Essay on Hadith: Islam and Islamic Community
The Islamic faith began with one man and his spiritual encounters with god and his angel Gabriel. Muhammad, the Prophet, as he is referred to by his followers, is considered to be the last prophet sent by god to interact with human beings on earth. Due to his importance and his influence over the people of his time his words and actions have been collected, over a mass number of years into a book ...
For comprehending the rules derived by the fuqaha it is important to understand the meaning and implications of the division of the World into dār al-Islām and dār al-harb. There are some scholars who argue that the division of the World into two hostile territories having perpetual war with each other is a permanent system envisaged by the Sharī’ah. Others argue that the jurists made this division keeping in view the realities of their times and, hence, it has no permanence. This difference of opinion has also had its bearing upon the nature of relationship between Islamic State and non-Muslim states on the one hand, and on the other, on the relationship of Islamic State with Muslims living temporarily or permanently in non-Muslim territories.
Sharī’ah is divine law and, hence, the real sanction behind it is the fear of God and the real punishment for its violation is the one to be awarded in the hereafter. This theological perspective knows no territorial limits. Hence, a Muslim is bound to follow the precepts of the Sharī’ah everywhere. If he violates a rule of the Sharī’ah he will be responsible for it before God on the Day of Judgment. From this theological, humanity has been divided into two different categories; those who submit to God’s will-Muslims-and those who do not-non-Muslims. From this perspective, a Muslim in any part of the World is part of the Muslim ummah and thus the bond of brotherhood binds a Muslim resident of non-Muslim state to his brethren in Islamic State. A Muslim by virtue of his being Muslim is ma’sūm i.e. ‘protected’ in the sense that God will punish, in the Hereafter, those who violated His rights. This is what is called as ‘Ismah bi al-Islām i.e. protection by virtue of Islam. This ‘ismah or protection does not necessarily mean that his rights will be enforced by courts in Islamic State. Moreover, Islām (submission to the will of God) and Kufr (Denial to submit to the will of God) are in perpetual conflict and there exists between these two systems a perpetual state of war. But this war is on theological and theoretical level only. It does not necessitate a perpetual state of war between Muslims and non-Muslims.
The Term Paper on International Law Western And Islamic Perspective
From the very first day when man began to organize them selves in political communities they have felt the need for some rules and regulations to regulate their inter-community relations. And with the passage of time now we reached to a time o f international relations rather than the relations among small communities or tribes. And there is need to regulate the relations among states. The topic ...
Then, there is the municipal law perspective of Islamic State. Thus, courts cannot enforce rights of a citizen beyond the territory of Islamic State. That is why, from this perspective the persons outside the jurisdiction of Islamic state as ghayr ma’sūm or unprotected. Islamic State has no authority, and no responsibility, to protect the rights of persons who are beyond its territorial limits. It can, and it should, protect the rights of those who are within its territorial jurisdiction, be they Muslims or non-Muslins. Every person, whether Muslim or non-Muslim, who is within the territorial limits of Islamic State is ma’sūm. This is called ‘ismah bi al-dār i.e. protection by virtue of territory or territorial jurisdiction. Hence, from this perspective also, the World is divided into two territories: dār al-Islām and dār al-kufr. This division is only on the basis of jurisdiction. From theological perspective, a Muslim in any part of the World is ma’sūm, while from the perspective of Municipal law, ‘ismah is only for those persons who are within the territorial limits of Islamic State irrespective of their being Muslims or non-Muslims.
The Essay on Property belonging
According to the document, “The Unclaimed Property Rage”, by Mark Kantrowitz, most unclaimed property becomes abandoned as a result of three events. The first of these events is the change of address of the owner. That is, if the owner of the property has moved and left the property behind, it can be considered unclaimed. The second method by which property may become abandoned is through the ...
Then comes the international law of Islam. This law distinguished between different types of dār al-kufr on their basis of their relationship with Islamic State. Thus, a non-Muslim state may be in a state of war with Islamic State, in which case it is called dār al-harb. It may have a peace treaty with Islamic State in which case it is called dār al-‘ahd or dār al-muwāda’ah. It may be a State, which is neither at war with Islamic State nor has it peace treaty with it. In this case it is either simply called as dār al-kufr or it may also be called as dār al-harb. Now, from the perspective of Islamic State and courts, the first and the third kinds do not enjoy ‘ismah. In case of dār al-‘ahd, of course, by virtue of treaty some jurisdiction may be granted to Islamic State and courts due to which some kind of ‘ismah is established for those persons who are within the dār al-‘ahd.
Here, we will give some examples to explain the difference of opinion between the Hanafīs and other jurists. Imām Sarakhsī, one of the greatest jurists of all the time, has made some valuable points in the following passage:
If a Muslim enters the territory of non-Muslims by their permission, and lends or borrows from them money, or usurps their property or his property is usurped there, his case will not be heard (in the court of the Muslim territory), because they did that in a place outside Muslim jurisdiction. As for the Muslim who usurped their property after guaranteeing them not to do that, we hold this because he violated his pledge, not the pledge of the Muslim ruler. However, he will be advised by way of fatwā to return the property though he will not be compelled to do that by the court. And as for the foreigners in their home, who usurped the property of the Muslim, we hold this because they violated their pledge in a place where they were not under the Muslim jurisdiction… All this because the Muslim took the risk and exposed himself to that when he quitted the Muslim resisting power (i.e. jurisdiction)… Yet it is abominable for the Muslim under his religion to violate his pledge with them, for the violation of pledge is forbidden… It is on account of this that, when he violated with them his pledge and thus acquired some property and brought it over to Muslim territory; it would not be desirable for another Muslim to purchase it if he knew the fact.
The Essay on General Muslim Religion
Islam is the world’s second great monotheistic religion (Armstrong, 2002). Islam, an Arabic word, comes from a root word meaning commitment or surrender: hence the foundation of Islam is submission to the will of the Only God, Allah. The word ‘Muslim’ also itself means ‘one who lives his life according to Allah’s will (Esposito, 2002). Allah also has laid down the five pillars of foundations of ...
Marghīnānī has also laid down explicitly that if a Muslim trader does to dār al-harb and gets something by stealth he is deemed (by the law of the land) rightful owner of the property stolen, although he violated his pledge and is, thus, responsible before God for his act. Other jurists hold that he should be held liable for his act in the courts of Muslim State, and the property recovered from him would be given back to the rightful owner, if possible.
The following quotation is more explicit in this regard:
“According to Abū Hanīfah, the position of a person who embraces Islam in dār al-harb and does not migrate (to dār al-Islām) is like that of harbī (alien non-Muslim) because his property is unprotected (by the law of the land in Islamic State).
Similarly, if a non-Muslim inhabitant of dār al-harb embraces Islam and is killed by a Muslim, intentionally or otherwise, the Hanafīs hold that the murderer is neither liable to qisās nor diyah. Furthermore, even if two Muslims inhabitants of dār al-Islām are captured in dār al-harb, or if they go there by amān, and one of them kills the other intentionally the murderer should be liable only to the punishment in the hereafter and no worldly punishment is to be awarded. If he killed him unintentionally he will not be liable to pay diyah, although he will be required to offer kaffarah (expiation).
Ibn al-Humām, while commenting on the opinion of Abū Hanifah, has made a fine distinction between the different perspectives of Islamic law:
So, according to Abū Hanīfah, there is no worldly punishment for the murderer, except kaffārah in case of unintentional murder and punishment in the Hereafter in case of intentional murder… This is because due to imprisonment he (the victim) became like them (aliens)… and thus, he resembles a Muslim (inhabitant of dār al-harb) who did not migrate (to dār al-Islām), as both lack wordly protection (al-‘ismah al-dunyawīyah).
Hence, we are of the considered opinion that the doctrine of dār as envisaged by the Hanafī jurists has nothing to do with the doctrine of perpetual war. It was, in fact based on the concept of territorial jurisdiction. There are several verses and traditions that clearly establish the concept of territorial jurisdiction. Thus, for instances, when Muslims were persecuted in Makkah they were ordered to migrate to the Islamic State of Medīnah. Those who did not migrate were deprived of the protection of Islamic State. It was explicitly mentioned that Islamic State does not have any responsibility regarding the protection of their rights. But, if they asked help of Islamic State “in matter of religion” Islamic State was duty-bound to support them militarily, if necessary. However, it was to act within the restrictions of treaties, if any.
The Review on Muslim Societies
The misrepresentation of Islamic societies is nothing new, especially when they are being covered by the Western media. Islamic communities, in reality, span a wider range of traditions and cultures especially when compared to Christian communities. Then again, as they are represented by Western media, Islamic communities are considered as monolithic. This is just one of the many cases that prove ...
Similarly, different rules were given for unintentional murder of a Muslim depending on whether he was inhabitant of Islamic State, as enemy state or a state with which Muslims had a peace treaty. This principle has been elaborated in several traditions as well.
When you meet enemies who are polytheists, invite them to three courses of action. If they respond to any one of these, you also accept it and restrain yourself from doing them any harm. Invite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their lands to the land of Muhājirs and inform them that, if they do so, they shall have all the privileges and obligations of the Muhājirs. If they refuse to migrate, tell them that they will have the status of Bedouin Muslims and will be subjected to the Commands of Allāh like other Muslims, but they will not receive any share from the spoils of war or fay’ except when they actually fight with the Muslims (against the nonbelievers).
——————————————–
[ 2 ]. Encyclopedia of Islam, p.169.1
[ 3 ]. 2. Holy Qur’ān 6:127
[ 4 ]. 3. See al-Kāsānī,-Badāi’I al-Sanā’I’,(Quetta: Dār al-‘Ilm, 1999), Vol.7, p.130
[ 5 ]. 4. See, for instance, Majīd Khadūrī, Kitāb al-Siyar wa al-Kharāj wa al-‘Ushr min Kitāb al-Asl li al-Shaybānī, Karachi, 1417 AH, p. 22-30
[ 6 ]. 5. See, for instance, Wahbat al-Zuhaylī, Āthar al-harb fī al-Fiqh al-Islāmī, p.192-96
The Term Paper on Namaz Kit
Namaz has been made compulsory for Muslims 5 times daily the five times . Some things which are considered necessary before performing Namaz and also become the cultural norm of Pakistan are jaye namaz (prayer mat), tashbeeh, hijab, topi (prayer cap). Hijab and prayer cap are essential or religious obligation for namaz but prayer mat and tashbeeh are cultural norms of Pakistan. Here we will be ...
[ 7 ]. 6. It is acknowledged here that this analysis is based primarily on the ideas of the famous Hanafi jurist al-Sarakhsī as contained in his famous treaties al-Mabsūt, vol.10.
[ 8 ]. 7. See, al-Mabsūt, vol.10, p.95
[ 9 ]. 8. al-Mabsūt, vol.10, p.95. Dr. Hamīdullāh commenting on the above passage has the following to say:”[ The Hanafīs ] make a sharp distinction between jurisdiction of Muslim court and that of a foreign court over a Muslim, on the one hand, and moral obligations on the other; and they do not hold him responsible in a Muslim court for acts done in a foreign territory. And on the same basis, they acquit a foreign non- Muslim from all acts committed in foreign territory even against a Muslim subject, such as murder or theft.” (The Muslim Conduct of State, p.104).
[ 10 ]. 9. Al-Bahr al-Rā’iq, vol.5, p.147
[ 11 ]. 10.Fath al-Qadīr, vol.5, p.451
[ 12 ]. 11. Ibid.
[ 13 ]. 12. Muslim, Kitāb al-Jihād, Hadith no.3261; Tirmidhī, Kitāb al-Siyar, Hadith no.1532
