Dar al-Harb and Dar al-Islam (the Abodes of War and Peace): Difference between revisions

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Traditionally, [[Shari'ah (Islamic Law)|Islamic law]] has understood the world as divided into a number of distinct domains based upon the relationship of the ruling parties to Islam and the [[Khilafah (Caliphate)|Islamic state, or Caliphate]]. Whether or not these territories have always existed or continue to exist, virtually all Islamic scholars until today agree on the existence, at least conceptually, of such a place as the ''Dar al-Harb'' or ''Dar al-Kufr'' (lit. "Abode of War", or "Infidelity") and ''Dar al-Islam'', ''Dar al-Salam'', or ''Dar al-Tawhid'' (lit. "Abode of Submission", or "Peace", or "Unity"). More controversial throughout history and experiencing varying levels of intellectual assent and much definitional debate, although growing in popularity in recent times, has been the tertiary domain of ''Dar al-Sulh'' or ''Dar al-Ahd'' (lit. "Abode of Treaty", or "Truce"). The purpose of these distinctions is to delineate the imperial policy of the Islamic state. Most simplistically, the regions controlled by or subservient to the Islamic state have been considered as constituting the Dar al-Islam and those not as constituting the Dar al-Harb. Scholars have differed as to whether regions with which the Islamic state has a treaty ought to be considered part of the Dar al-Harb or the tertiary category of Dar al-Sulh. Scholars have also differed as to whether, if such a place as the Dar al-Sulh exists, it can be considered permanent. This is because most classical scholars agreed that the Islamic state, destined to conquer the entire world, was not permitted by God to have everlasting treaties with non-subservient political or military entities, with many agreeing on a 10-year maximum-limit on peaceful relations with any such entity. The questions of whether or not such treaties, albeit temporary, could be again and again renewed and to whether or not multiple independent Islamic states, as have often existed throughout history and as exist today, could together constitute the Dar al-Islam as opposed to a single unified state has complexified the debate.
Traditionally, [[Shari'ah (Islamic Law)|Islamic law]] has understood the world as divided into a number of distinct domains based upon the relationship of the ruling parties to Islam and the [[Khilafah (Caliphate)|Islamic state, or Caliphate]]. Whether or not these territories have always existed or continue to exist, virtually all Islamic scholars until today agree on the existence, at least conceptually, of such a place as the ''Dar al-Harb'' or ''Dar al-Kufr'' (lit. "Abode of War", or "Infidelity") and ''Dar al-Islam'', ''Dar al-Salam'', or ''Dar al-Tawhid'' (lit. "Abode of Submission", or "Peace", or "Unity"). More controversial throughout history and experiencing varying levels of intellectual assent and much definitional debate, although growing in popularity in recent times, has been the tertiary domain of ''Dar al-Sulh,'' ''Dar al-Ahd'', or ''Dar al-Amn'' (lit. "Abode of Treaty", "Truce", or "Safety"). The purpose of these distinctions is to delineate the imperial policy of the Islamic state. Most simplistically, the regions controlled by or subservient to the Islamic state have been considered as constituting the Dar al-Islam and those not as constituting the Dar al-Harb. Scholars have differed as to whether regions with which the Islamic state has a treaty ought to be considered part of the Dar al-Harb or the tertiary category of Dar al-Sulh. Scholars have also differed as to whether, if such a place as the Dar al-Sulh exists, it can be considered permanent. This is because most classical scholars agreed that the Islamic state, destined to conquer the entire world, was not permitted by God to have everlasting treaties with non-subservient political or military entities, with many agreeing on a 10-year maximum-limit on peaceful relations with any such entity. The questions of whether or not such treaties, albeit temporary, could be again and again renewed and to whether or not multiple independent Islamic states, as have often existed throughout history and as exist today, could together constitute the Dar al-Islam as opposed to a single unified state has complexified the debate.


In addition to imperial implications, many Islamic legal scholars agree that the law by which individual Muslims have to live in these different territories varies. One traditionally popular perspective was that all non-Muslim residents in the Dar al-Harb were [[Kafir (Infidel)|enemies of God]] and thus could be stolen from, charged [[Riba (Usury)|interest]] (which was otherwise prohibited), [[Slavery|enslaved]], or even [['Adalah (Justice)|killed]]. The rationale behind these rulings was that, as enemies of God destined to be conquered by the Islamic state, these non-Muslims themselves and their property were in fact booty earmarked for the Muslim [[Ummah]]. However, these perspectives have fallen out of favor in recent times, particularly in the West among diasporic Muslim communities.
In addition to imperial implications, many Islamic legal scholars agree that the law by which individual Muslims have to live in these different territories varies. One traditionally popular perspective was that all non-Muslim residents in the Dar al-Harb were [[Kafir (Infidel)|enemies of God]] and thus could be stolen from, charged [[Riba (Usury)|interest]] (which was otherwise prohibited), [[Slavery|enslaved]], or even [['Adalah (Justice)|killed]]. The rationale behind these rulings was that, as enemies of God destined to be conquered by the Islamic state, these non-Muslims themselves and their property were in fact booty earmarked for the Muslim [[Ummah]]. However, these perspectives have fallen out of favor in recent times, particularly in the West among diasporic Muslim communities.
==Definitions==
==Definitions==


=== Overview ===
===Overview===
Dar al-Harb (دار الحرب "house of war"; also referred to as ''dar al-Garb'' "house of the West" in later Ottoman sources) is an Islamic legal term used for regions which are not under Islamic rule.
Dar al-Harb (دار الحرب "house of war"; also referred to as ''dar al-Garb'' "house of the West" in later Ottoman sources) is an Islamic legal term used for regions which are not under Islamic rule.


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{{Quote|2=[''Political literalist'' Salafism] is trenchant, politicized, radical, and opposed to any idea of involvement or collaboration with Western societies, which is seen as akin to open treason.  The Hizb al-Tahrir and Al-Muhajirun movements are the best known in Europe, and they call for ''jihad'' and opposition to the West (always considered as ''dar al-harb'', the realm of war) by all means.<ref>Ramadan, Tariq. (2004). [http://books.google.com/books?id=0eCu4nXJbUUC&printsec=frontcover&dq=western+muslims+and+the+future+of+islam#v=onepage&q=&f=false ''Western Muslims and the Future of Islam'']. (p. 27). New York, NY: Oxford University Press.</ref>}}
{{Quote|2=[''Political literalist'' Salafism] is trenchant, politicized, radical, and opposed to any idea of involvement or collaboration with Western societies, which is seen as akin to open treason.  The Hizb al-Tahrir and Al-Muhajirun movements are the best known in Europe, and they call for ''jihad'' and opposition to the West (always considered as ''dar al-harb'', the realm of war) by all means.<ref>Ramadan, Tariq. (2004). [http://books.google.com/books?id=0eCu4nXJbUUC&printsec=frontcover&dq=western+muslims+and+the+future+of+islam#v=onepage&q=&f=false ''Western Muslims and the Future of Islam'']. (p. 27). New York, NY: Oxford University Press.</ref>}}


The following excerpt is from the full-text indictment of the [[w:Detroit_Sleeper_Cell|"Detroit Five"]]:
The following excerpt is from the full-text indictment of the "Detroit Five", a Middle Eastern sleeper cell that was planning a terror attack on Disneyland:
{{Quote|2=Salafists seek to reform Islam by specifically emulating the first generation of Muslims since, according to these Salafists, later generations of Muslims have been corrupted by several centuries of religious practices and Western influences introduced by errant Muslims. Salafists reject any behavior that was not specifically supported or enjoined by the Prophet Mohammed. In almost every Sunni Muslim country, the Salafists have spawned radical fundamentalist-Islamic political movements, the goal of which is to compel the state to apply the Sharia. Many Salifists believe that the strict application of the Sharia is necessary to ensure that Muslims walk the true path of the Prophet. These radical fundamentalist-Islamic groups see the world divided in two spheres; that is, Dar-al-Islam (House of Islam or Islamic Zone), where peace reigns (Sallam), and the Dar-al-Harb (House of War or War Zone), which prevents a true Islamic state. The latter is viewed by these radical fundamentalist-Islamic groups to include all "infidel" areas that must ultimately be conquered. Global jihad is the constant effort to achieve this goal. The global jihad against Dar-al-Harb is not exclusively directed towards the outside world, but also against perceived internal threats, such as any non-Muslim presence in Dar-al-Islam.<ref>[http://www.foxnews.com/story/0,2933,61565,00.html Full Text: Indictment of Detroit Five] - Fox News, August 28, 2002</ref>}}
{{Quote|2=Salafists seek to reform Islam by specifically emulating the first generation of Muslims since, according to these Salafists, later generations of Muslims have been corrupted by several centuries of religious practices and Western influences introduced by errant Muslims. Salafists reject any behavior that was not specifically supported or enjoined by the Prophet Mohammed. In almost every Sunni Muslim country, the Salafists have spawned radical fundamentalist-Islamic political movements, the goal of which is to compel the state to apply the Sharia. Many Salifists believe that the strict application of the Sharia is necessary to ensure that Muslims walk the true path of the Prophet. These radical fundamentalist-Islamic groups see the world divided in two spheres; that is, Dar-al-Islam (House of Islam or Islamic Zone), where peace reigns (Sallam), and the Dar-al-Harb (House of War or War Zone), which prevents a true Islamic state. The latter is viewed by these radical fundamentalist-Islamic groups to include all "infidel" areas that must ultimately be conquered. Global jihad is the constant effort to achieve this goal. The global jihad against Dar-al-Harb is not exclusively directed towards the outside world, but also against perceived internal threats, such as any non-Muslim presence in Dar-al-Islam.<ref>[http://www.foxnews.com/story/0,2933,61565,00.html Full Text: Indictment of Detroit Five] - Fox News, August 28, 2002</ref>}}


However, Tariq Ramadan argues that the concept of ''dar al-harb'' is not found in the [[Qur'an]] or [[Sunnah]], but rather it was the ulama who began to classify and define the various areas in and around the places which they lived.<ref>Ramadan, Tariq. (2004). [http://books.google.com/books?id=0eCu4nXJbUUC&printsec=frontcover&dq=western+muslims+and+the+future+of+islam#v=onepage&q=&f=false ''Western Muslims and the Future of Islam'']. (p. 63). New York, NY: Oxford University Press.</ref>  He asserts that it was a human attempt, at a moment in history, to describe the world and to provide the Muslim community with a geopolitical scheme that seemed appropriate to the reality of the time.<ref>Ramadan, Tariq. (2004). [http://books.google.com/books?id=0eCu4nXJbUUC&printsec=frontcover&dq=western+muslims+and+the+future+of+islam#v=onepage&q=&f=false ''Western Muslims and the Future of Islam'']. (p. 69). New York, NY: Oxford University Press.</ref>  He explains that some ulama use the Shafii concept of ''dar al-ahd'' ("abode of treaty") or ''dar al-amn'' ("abode of safety") when discussing the situation of Muslims in the West.<ref>Ramadan, Tariq. (2004). [http://books.google.com/books?id=0eCu4nXJbUUC&printsec=frontcover&dq=western+muslims+and+the+future+of+islam#v=onepage&q=&f=false ''Western Muslims and the Future of Islam'']. (p. 72). New York, NY: Oxford University Press.</ref>
Tariq Ramadan, by contrast, argues that the concept of Dar al-Harb is not found in the [[Qur'an]] or [[Sunnah]], but rather it was the ulama who began to classify and define the various areas in and around the places which they lived.<ref>Ramadan, Tariq. (2004). [http://books.google.com/books?id=0eCu4nXJbUUC&printsec=frontcover&dq=western+muslims+and+the+future+of+islam#v=onepage&q=&f=false ''Western Muslims and the Future of Islam'']. (p. 63). New York, NY: Oxford University Press.</ref>  He asserts that it was a human attempt, at a moment in history, to describe the world and to provide the Muslim community with a geopolitical scheme that seemed appropriate to the reality of the time.<ref>Ramadan, Tariq. (2004). [http://books.google.com/books?id=0eCu4nXJbUUC&printsec=frontcover&dq=western+muslims+and+the+future+of+islam#v=onepage&q=&f=false ''Western Muslims and the Future of Islam'']. (p. 69). New York, NY: Oxford University Press.</ref>  He explains that some ulama use the Shafi'i concept of Dar al-Ahd ("abode of treaty") or Dar al-Amn ("abode of safety") when discussing the situation of Muslims in the West.<ref>Ramadan, Tariq. (2004). [http://books.google.com/books?id=0eCu4nXJbUUC&printsec=frontcover&dq=western+muslims+and+the+future+of+islam#v=onepage&q=&f=false ''Western Muslims and the Future of Islam'']. (p. 72). New York, NY: Oxford University Press.</ref>


Several popular Islamic websites continue to use the term ''dar al-harb''. Islam Q&A defines it as "every place in which the rule of kufr prevails" and explains that it is obligatory for Muslims to migrate from the ''dar al-harb'' to Muslim lands (also known as a ''Hijrah'') if they are unable to practice their religion openly.<ref>[http://www.islamqa.com/en/ref/13363/ Can Muslims settle in kaafir countries for the sake of a better life?] - Islam Q&A, Fatwa No. 13363</ref>  According to Sheikh `Atiyyah Saqr, a former head of Al-Azhar Fatwa Committee, in a fatwa on IslamOnline, the late Sheikh Muhammad Abu Zahrah mentioned two main scholarly opinions concerning the definitions of ''dar al-Islam'' and ''dar al-harb''. Sheikh Abu Zahrah then chose the Imam Abu Hanifah’s opinion that the question revolves around the matter of security. That is if a Muslim is safe and secure in the place he lives, then the place is Dar Islam, and if not, then it is Dar al-Harb . He also said that this opinion conforms well to the Islamic principles of war, described as a defense strategy.<ref>Atiyyah Saqr - [http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544498 Concept of Dar Al-Islam and Dar Al-Harb] - IslamOnline, October 11, 2002</ref>
Several popular Islamic authorities use the term Dar al-Harb. Islam Q&A defines it as "every place in which the rule of kufr prevails" and explains that it is obligatory for Muslims to migrate from the Dar al-Harb to Muslim lands (also known as a ''Hijrah'') if they are unable to practice their religion openly.<ref>[http://www.islamqa.com/en/ref/13363/ Can Muslims settle in kaafir countries for the sake of a better life?] - Islam Q&A, Fatwa No. 13363</ref>  According to Sheikh `Atiyyah Saqr, a former head of al-Azhar Fatwa Committee, in a fatwa on IslamOnline, the late Sheikh Muhammad Abu Zahrah mentioned two main scholarly opinions concerning the definitions of Dar al-Islam and Dar al-Harb. Sheikh Abu Zahrah then opts for Imam Abu Hanifah’s opinion that the question revolves around the matter of security. That is if a Muslim is safe and secure in the place he lives, then the place is Dar al-Islam, and if not, then it is Dar al-Harb . He also said that this opinion conforms well to the Islamic principles of war, described as a defense strategy.<ref>Atiyyah Saqr - [http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544498 Concept of Dar Al-Islam and Dar Al-Harb] - IslamOnline, October 11, 2002</ref>


Khilafah.com provides a rather thorough definition but states near the end of the article that "it is clear that the whole world is Dar al-Kufr as no country including every single Muslim country implements Islam. We see the laws of Allah abandoned as if they were worth nothing, the Sunnah of the Prophet betrayed and the example of the Sahaba ignored by the rulers of our countries."
Khilafah.com provides a thorough definition but states near the end of its article that "it is clear that the whole world is Dar al-Kufr as no country including every single Muslim country implements Islam. We see the laws of Allah abandoned as if they were worth nothing, the Sunnah of the Prophet betrayed and the example of the Sahaba ignored by the rulers of our countries."
{{Quote|2=According to Shariah terminology, Dar al-Islam is defined as the land which is governed by the laws of Islam and whose security (Aman) is maintained by the security of Islam, i.e. by the authority and protection of Muslims inside and outside the land, even if the majority of its inhabitants are non-Muslims.
{{Quote|2=According to Shariah terminology, Dar al-Islam is defined as the land which is governed by the laws of Islam and whose security (Aman) is maintained by the security of Islam, i.e. by the authority and protection of Muslims inside and outside the land, even if the majority of its inhabitants are non-Muslims.


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So what matters in determining whether the land is Dar al-Islam or Dar al-Kufr 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 al-Kufr. The term Dar al-Harb (land of war) is synonymous with Dar al-Kufr 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. These definitions have been derived from the Islamic evidences and discussed by the Ulema (scholars) in history.<ref>[http://www.khilafah.com/index.php/the-khilafah/foreign-policy/225-clarifying-the-meaning-of-dar-al-kufr-a-dar-al-islam Clarifying the meaning of Dar al-Kufr & Dar al-Islam] - Khilafah, March 28, 2007</ref>}}
So what matters in determining whether the land is Dar al-Islam or Dar al-Kufr 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 al-Kufr. The term Dar al-Harb (land of war) is synonymous with Dar al-Kufr 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. These definitions have been derived from the Islamic evidences and discussed by the Ulema (scholars) in history.<ref>[http://www.khilafah.com/index.php/the-khilafah/foreign-policy/225-clarifying-the-meaning-of-dar-al-kufr-a-dar-al-islam Clarifying the meaning of Dar al-Kufr & Dar al-Islam] - Khilafah, March 28, 2007</ref>}}


In apparent denial of the historical facts regarding [[Jihad|violent Islamic expansion]] under Muhammad, the Khilafah.com article concludes with this statement (followed by a quote from At-Tabarani which is not included):
In contrast with [[Muhammad]]'s own implementation of jihad as found in Islamic scriptures as a doctrine of violent warfare, the Khilafah.com article concludes with the following statement:
{{Quote|2=The Ummah has no Imam (Khalifah) who rules by what is contained in the Quran and Sunnah, who acts as a shield to protect us and whose duty it would be to protect the Muslims of Iraq, Palestine, Afghanistan, Chechnya and countless other places where the Muslim blood flows.  Therefore it is paramount for us to work to re-establish Dar al-Islam, the Islamic Khilafah state through emulating the non-violent methodology of the Prophet (saw) in how he transferred Dar al-Kufr to Dar al-Islam and in the pursuit of this it is inevitable that we will be tried and tested.}}
{{Quote|2=The Ummah has no Imam (Khalifah) who rules by what is contained in the Quran and Sunnah, who acts as a shield to protect us and whose duty it would be to protect the Muslims of Iraq, Palestine, Afghanistan, Chechnya and countless other places where the Muslim blood flows.  Therefore it is paramount for us to work to re-establish Dar al-Islam, the Islamic Khilafah state through emulating the non-violent methodology of the Prophet (saw) in how he transferred Dar al-Kufr to Dar al-Islam and in the pursuit of this it is inevitable that we will be tried and tested.}}


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