Dar ul islam and harb - Lecture notes 1-16 PDF

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Summary

Under the Islamic international law, the whole world is
divided in to three parts viz dar-ul-islam, dar-ul-harb & darul-aman. The relation of Muslims towards non-Muslims
are mainly determined on the basis wether country or state
of the latter is to be regarded as;
• Dar-u...

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LAWS REGULATING MUSLIMS AND NON-MUSLIM STATES Question 2; DAR-UL-HARB AND DAR-UL-ISLAM (Divisions of the world in Islam) INTRODUCTION Under the Islamic international law, the whole world is divided in to three parts viz dar-ul-islam, dar-ul-harb & darul-aman. The relation of Muslims towards non-Muslims are mainly determined on the basis wether country or state of the latter is to be regarded as; • Dar-ul-harb (territory of war) • Dar-ul-islam (territory of safety) The Arabic singular form dar (‫)دار‬, translated literally, may mean "house", "abode", "structure", "place", "land", or "country". In Islamic jurisprudence it often refers to a part of the world. Early Islamic jurists devised these terms to denote legal rulings for ongoing Muslim conquests almost a century after Muhammad. The first use of the terms was in Iraq by Abu Hanifa and his disciples Abu Yusuf and Al-Shaybani. Among those in the Levant, AlAwza'i was leading in this discipline and later Shafi’i. The

concept of dar al-harb has been affected by the political fragmentation of the Muslim world and has little significance today.

Meaning • 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 or chaos. • By contrast, Dar al-Islam is a "territory of peace." This is the name for those territories where Islam does dominate and where submission to God is observed. It is where peace and tranquility reign.

Definit Definition ion

Dar-ul-Islam (Arabic: ‫م‬฀‫سا‬฀฀‫ دار ا‬literally house/abode of Islam; or Dar as-Salam, house/abode of Peace;[citation needed] or Dar al-Tawhid, house/abode of monotheism) is a term used by Muslim scholars to refer to those countries where Muslims can practice their religion as the ruling sect. It is the area of the world under the rule of Islam, literally, "the home of Islam."

These are usually Islamic cultures wherein Muslims represent the majority of the population, and so the government promises them a privileged status. Most Dar al-Islam areas are surrounded by other Islamic societies to ensure public protection.

Dar-ul-Harb

is a territory under a non-Muslim government in which a Muhammadan cannot live with personal security and freedom to perform his religious duties. The governments that control Dar-ul-Harb are technically not legitimate powers because they do not derive their authority from God. However, that doesn't mean that Islamic governments cannot enter into temporary peace treaties with them in order to facilitate things like commerce or even to protect Dar al-Islam from attack by other Dar al-Harb nations.

Object of Division The object of division is that the Islam is a universal religion and not specified for particular territory. As Quran says; “To Allah belongs the sovereignty of heaven and

earth” So it should be endeavor by the Muslims that Islamic laws should be enforced in every territory.

Features of Dar-Ul-Is -Islam lam The requirements for a country to be part of Dar al-Islam are: • Muslims must be able to enjoy peace and security with and within this country. • The country should be ruled by a Muslim government. • It has common frontiers with some Muslim countries. • Islamic law and regulations enforced there. • Friday and Eid prayers regularly held there.

Features of Dar-Ul-Harb The requirements for a country to be part of Dar-ul-Harb are: • • • •

It is ruled by non-Muslims. Islamic laws not enforced there. Muslim community does not live with freedom. Friday and Eid prayers not held there.

Conversion of Dar-ul-islam in to Darul-Harb A Dar-ul-islam, if conquered by the non-Muslims or the dhimmis rising against the Muslim (Government, may turn into Dar-ul-harb if following conditions are fulfilled.

✓ The laws and regulations of non-Muslims enforced there. ✓ It should be surrounded by other countries answering the description of Dar-ul-harb without any country of the description of dar-ul-islam being contiguous to it. ✓ No Muslims or Dhimmi can live there in the same security as under the previous Muslim Govt.

Duty of Muslims If a Dar-ul-islam is turned into Dar-ul-Harb, then it is a duty of Muslim prisoners to oppose and fight with them in every possible way.

Conversion of Dar-ul-Harb into Darul ul-islam -islam A dar-ul-harb may become Dar-ul-islam if the ordinances of Islam validly be promulgated there. Muslim scholars maintain that the labeling of a country or place as being an Islamic country or a non-Islamic one Dar al-Harb revolves around the question of religious security. This means that if a Muslim practices Islam freely in his place of abode despite that the place happens to be secular or un-Islamic, then he will be considered as living in a Dar Islam, meaning that he is not obliged to immigrate from that place.

Test To Det Determine ermine Dar-Ul-Harb and DarDar-Ul Ul Ul-Islam -Islam So what matters in determining whether the land is Dar alIslam or Dar-u-Harb is neither the land itself nor its inhabitants, rather it is the laws and the security. So if its laws are Islamic and its security is maintained by Muslims then it is Dar al-Islam. When its laws are the laws of Kufr (disbelief) and its security is not maintained by Muslims then it is Dar-ul-Harb. The term Dar al-Harb (land of war) is synonymous with Dar-ul-Harb as in origin the aim of Islam is to spread to all lands until the Islamic state encompasses the whole globe. However there is a difference between those nations which are considered as Dar al-Harb Fi’lan (actual land of war) like the state of Israel which occupies Islamic land and Dar al-Harb Hukman (potential land of war) which include other states which are not occupying Islamic land or engaged with a direct war against our lands.

Difference between Dar Dar--ul-islam and DarDar-ul ul ul--Harb • As to fundamental rights the fundamental distinction between Dar al-Islam and Dar al-Harb was introduced after the defeat of the Umayyad Caliphate at Battle of Tours in 732 which

prevented the expansion of Islam to the north, while at the same time the expansion of the caliphate to the east had been halted. ▪ Dar al-Islam is a "territory of peace." This is the name for those territories where Islam does dominate and where submission to God is observed. It is where peace and tranquility reign. ▪ In Dar-ul- harb Muslims don’t have right to perform their obligations accordingly.

• As to rule A Muslim-majority nation not ruled by Islamic law is still Dar al-Harb. A Muslim-minority nation ruled by Islamic law could qualify as being part of Dar al-Islam. • As to Islamic laws 1. In Dar-ul-islam Islamic laws are enforced. 2. In Dar-ul-harb there is no enforcement of Islamic laws. • As to performance of religious duties 1. In dar-ul-islam Muslims perform their religious duties freely as well as perform Eid and Friday prayers. 2. In Dar-ul-Harb Muslims cannot perform religious duties and not offer their Eid and Friday prayers.

Conclusion To conclude, I can say, that the division of world into two parts is important for various reasons. Islamic law regarding international relations divides the world into three categories: Dar-al-Islam, Dar al-Harb, and Dar alAman. While no clear definitions exist for any of these Concepts in either the Quran or the Sunnah, over time the Islamic empires from the Umayyad to the Ottoman adopted the concepts when dealing with neighboring nonMuslim entities. However, it appears that under current international law regulating the relationships among states Worldwide, the Islamic states have largely moved away from the implementation of the concepts of war and peace that had previously been applied under Islamic law. Today, the principles of Dar al-Islam and Dar al-Harb are no longer incorporated into the legal systems or international relations of Muslim states. These actions have given impetus to many Muslim scholars to discuss the definition of these concepts with the aim of reaching a universal moderate consensus regarding the principles of Dar al-Islam and Dar al-Harb under Islamic Shari ’a....