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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,'' ''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. | 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, classical Islamic legal scholars agreed that the law by which individual Muslims have to live in these different territories varies. The 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 [[ | In addition to imperial implications, classical Islamic legal scholars agreed that the law by which individual Muslims have to live in these different territories varies. The 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== | ||
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===History and use of Dar al-Harb=== | ===History and use of Dar al-Harb=== | ||
According to Professor Gamal M. Badr, Adjunct Professor of Islamic law at New York University, in his article titled "A Survey of Islamic International Law", during the Islamic age of expansion jurists elaborated the theory that the rest of the world outside the domain of Islam was collectively Dar al-Harb, and the normal relationship between it and the Muslim state was considered to be war. | According to Professor Gamal M. Badr, Adjunct Professor of Islamic law at New York University, in his article titled "A Survey of Islamic International Law", during the Islamic age of expansion jurists elaborated the theory that the rest of the world outside the domain of Islam was collectively Dar al-Harb, and the normal relationship between it and the Muslim state was considered to be war. Any truces could not exceed a duration of ten years (a precedent set during Muhammad's lifetime).<ref name="Religion and International Law">Janis, Mark W. & Evans, Caroline. (1999). [http://books.google.com/books?id=8CxMFjU12OUC&printsec=frontcover&dq=religion+and+international+law#v=onepage&q=&f=false ''Religion and International Law'']. (p. 95). The Hague, Netherlands: Kluwer Law International - Martinus Nijhoff Publishers.</ref> | ||
During the age of expansion, the rationale for waging war against non-Muslims centered around the legal thought that it was justified by the mere fact of their disbelief.<ref name="Religion and International Law2">Janis, Mark W. & Evans, Caroline. (1999). [http://books.google.com/books?id=8CxMFjU12OUC&printsec=frontcover&dq=religion+and+international+law#v=onepage&q=&f=false ''Religion and International Law'']. (p. 96). The Hague, Netherlands: Kluwer Law International - Martinus Nijhoff Publishers.</ref> | During the age of expansion, the rationale for waging war against non-Muslims centered around the legal thought that it was justified by the mere fact of their disbelief.<ref name="Religion and International Law2">Janis, Mark W. & Evans, Caroline. (1999). [http://books.google.com/books?id=8CxMFjU12OUC&printsec=frontcover&dq=religion+and+international+law#v=onepage&q=&f=false ''Religion and International Law'']. (p. 96). The Hague, Netherlands: Kluwer Law International - Martinus Nijhoff Publishers.</ref> After over a century of rapid expansion, Islamic leaders, political and intellectual, came to the realization that carrying Islam to the four corners of the world was unattainable.<ref name="Religion and International Law"></ref> What was once a world divided exclusively into a Dar al-Islam and Dar al-Harb became a more complicated world divided into a Dar al-Islam, Dar al-Sulh ("territory of treaty"), and Dar al-Harb. The Dar al-Sulh was comprised of states that did not recognize Islamic rule over them but were not hostile towards Muslim states and made friendly treaties with them.<ref name="Religion and International Law2"></ref> | ||
According to Tariq Ramadan, a prominent Muslim reformer, academic, and theologian: | According to Tariq Ramadan, a prominent Muslim reformer, academic, and theologian: | ||
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{{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>}} | ||
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> | 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 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> | 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 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." | 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." | ||
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====Classical==== | ====Classical==== | ||
''The Reliance of the Traveller'', the traditional Shafi'i manual of Islamic law, defines the Dar al-Harb as "enemy lands" and provides Muslims with instructions and rules regarding such territory. | ''The Reliance of the Traveller'', the traditional Shafi'i manual of Islamic law, defines the Dar al-Harb as "enemy lands" and provides Muslims with instructions and rules regarding such territory. For example, it explains that based on the Prophet's words: "There is no usury (riba) between the Muslim and the hostile non-Muslim in enemy lands (dar al-harb)," it is thus permissible (according to Abu Hanifa and Muhammad) for Muslims to take interest from non-Muslims in enemy lands, so long as it is not done through deception, because their property is lawful to Muslims in their own lands.<ref>Ahmad ibn Naqib al-Masri & Nuh Ha Mim Keller. (1997). [http://www.amazon.com/Reliance-Traveller-Classic-Islamic-Al-Salik/dp/0915957728/ref=sr_1_1?ie=UTF8&s=books&qid=1255736904&sr=8-1#reader ''Reliance of the Traveller: The Classic Manual of Islamic Sacred Law Umdat Al-Salik'']. (p. 944, w43.2). Beltsville, MD: Amana Corporation.</ref> According to this manual of [[fiqh]], Muslim authorities whose land borders enemy territory (Dar al-Harb) are obligated to undertake jihad against enemies, dividing the spoils of battle among combatants, and setting aside a fifth (the "''khums''") for deserving recipients.<ref>Ahmad ibn Naqib al-Masri & Nuh Ha Mim Keller. (1997). [http://www.amazon.com/Reliance-Traveller-Classic-Islamic-Al-Salik/dp/0915957728/ref=sr_1_1?ie=UTF8&s=books&qid=1255736904&sr=8-1#reader ''Reliance of the Traveller: The Classic Manual of Islamic Sacred Law Umdat Al-Salik'']. (p. 647, o25.9). Beltsville, MD: Amana Corporation.</ref> | ||
====Modern==== | ====Modern==== | ||
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====The United States==== | ====The United States==== | ||
The following fatwa (translated from the [[Arabic]]), was posted on the Al-Muhajiroun website in Arabic, as well as in an English version. It was signed, in the Arabic version, by Muhammad bin Abdallah Al-Musa'ari "Abu Majed, | The following fatwa (translated from the [[Arabic]]), was posted on the Al-Muhajiroun website in Arabic, as well as in an English version. It was signed, in the Arabic version, by Muhammad bin Abdallah Al-Musa'ari "Abu Majed", Secretary General of the Committee for the Protection of Legitimate Rights (in Saudi Arabia), and appeared under the emblem of the "Shari'a Court of the UK". | ||
{{Quote|1=Sheikh Bakri, Shari'a Court Judge in London, 2001|2='''Question:''' What do the clerics say about Saudi Arabia, Pakistan, and other Islamic states allowing the U.S. to use their land, skies, ports, and military bases… while intensive preparations are underway for striking a blow at the Islamic Emirate of Afghanistan [i.e., the Taliban-ruled Afghanistan]…? | {{Quote|1=Sheikh Bakri, Shari'a Court Judge in London, 2001|2='''Question:''' What do the clerics say about Saudi Arabia, Pakistan, and other Islamic states allowing the U.S. to use their land, skies, ports, and military bases… while intensive preparations are underway for striking a blow at the Islamic Emirate of Afghanistan [i.e., the Taliban-ruled Afghanistan]…? | ||
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6) There is no distinction between a man and a woman with respect to this verse. The blood of a woman Murtadda Harbiya who fights is permissible, exactly like that of a male Harbi – even if her fighting is limited to singing: thus acted the Prophet against the fighting women of the Quraysh tribe. He permitted their blood and ordered them killed, although he generally prohibited killing women, and was even strict about this…<ref>[http://memri.org/bin/articles.cgi?Page=archiv/es&Area=ia&ID=IA7301 Radical Islamist Profiles (2): Sheikh Omar Bakri Muhammad - London] - MEMRI: Inquiry and Analysis - No. 73, October 25, 2001</ref>}} | 6) There is no distinction between a man and a woman with respect to this verse. The blood of a woman Murtadda Harbiya who fights is permissible, exactly like that of a male Harbi – even if her fighting is limited to singing: thus acted the Prophet against the fighting women of the Quraysh tribe. He permitted their blood and ordered them killed, although he generally prohibited killing women, and was even strict about this…<ref>[http://memri.org/bin/articles.cgi?Page=archiv/es&Area=ia&ID=IA7301 Radical Islamist Profiles (2): Sheikh Omar Bakri Muhammad - London] - MEMRI: Inquiry and Analysis - No. 73, October 25, 2001</ref>}} | ||
The following year Sheikh Bakri clarified his stance regarding Dar al-Harb, and in an article posted on the Al-Muhajiroun website he appeared to | The following year Sheikh Bakri clarified his stance regarding Dar al-Harb, and in an article posted on the Al-Muhajiroun website he appeared to dissent from the Al-Qaeda perspective on jihad against those Muslims who do not put Shari'a into practice. He asserted that it was vital for Muslims to establish the Khilafah ([[Caliph|Caliphate]]), and explained that jihad becomes a religious obligation only "when the enemy enters Muslim land, such as Palestine, Chechnya, Kosova or Kashmir." Bakri also argued that the Islamic concepts of Dar al-Islam versus Dar al-Harb no longer apply, meaning that the implicit obligation of Muslims to wage war on Dar al-Harb is no longer applicable. He argued that the concept of Dar al-Islam implies the existence of a Khilafah and that because there is no Khilafah nowadays (since the abolition of the Ottoman Caliphate in March 1924), there is no Dar al-Islam to carry out jihad aimed at imperial conquest and, consequently, no Dar al-Harb. Nevertheless, he continued, that when the kuffar (infidels) occupy Muslim land, then this occupied land becomes, to all practical purposes, Dar Al-Harb, and Muslims are required to fight for its liberation, "as in Palestine, Chechnya, Bosnia, etc." Such territories may also be defined, he suggested, as ''Dar al-Ghasab'' ("Abode of Usurpation"). Among such territories he listed Kashmir, Palestine and Northern Spain.<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP43502 Islamist Leader in London: No Universal Jihad As Long As There is No Caliphate] - MEMRI: Special Dispatch - No. 435, October 30, 2002</ref> | ||
====Israel and Palestine==== | ====Israel and Palestine==== | ||