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

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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.
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==


===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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In context, [[jihad]] is the divine institution of warfare destined to extend Islam into the Dar al-Harb by transforming it into part of the Dar al-Islam.<ref>Glasse, Cyril. (2002). [http://books.google.com/books?id=focLrox-frUC&printsec=frontcover&dq=the+new+encyclopedia+of+islam#v=onepage&q=&f=false ''The New Encyclopedia of Islam:  Revised Edition of the Concise Encyclopedia of Islam'']. (p.240). Walnut Creek, CA: AltaMira Press.</ref>
In context, [[jihad]] is the divine institution of warfare destined to extend Islam into the Dar al-Harb by transforming it into part of the Dar al-Islam.<ref>Glasse, Cyril. (2002). [http://books.google.com/books?id=focLrox-frUC&printsec=frontcover&dq=the+new+encyclopedia+of+islam#v=onepage&q=&f=false ''The New Encyclopedia of Islam:  Revised Edition of the Concise Encyclopedia of Islam'']. (p.240). Walnut Creek, CA: AltaMira Press.</ref>


===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. 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>
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>
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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>
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>


===The definition of ''harbi'', or "agent of war"===
A ''harbi'', or "agent of war" was traditionally defined as any non-Muslim living in an area not subject to Islam and thus considered part of the Dar al-Harb. According to traditional Islamic jurists, the ''harbi'' has no rights: his blood and his property are licit to any Muslim.<ref> Ye'or, Bat (Author). Kochan, Mariam & Littman, David (Translators). (2002). [http://books.google.com/books?id=n4kTdYgwQPkC&printsec=frontcover&source=gbs_navlinks_s#v=onepage&q=&f=false ''Islam and Dhimmitude: Where Civilizations Collide'']. (p. 55). Cranbury, NJ: Associated University Presses.</ref> This classical position is reflected in the statements of those many modern Islamist movements, including [[Al-Qaeda]]:
{{Quote|1=Al-Qa'ida spokesman Suleiman Abu Gheith, 2002|2=If by religious law it is permitted to punish a Muslim [for the crime he committed] - it is all the more permitted to punish a ''Harbi'' infidel [i.e. he who belongs to ''Dar Al-Harb'' 'the domain of disbelief'] in the same way he treated the Muslim.<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP38802 'Why We Fight America': Al-Qa'ida Spokesman Explains September 11 and Declares Intentions to Kill 4 Million Americans with Weapons of Mass Destruction] - MEMRI: Special Dispatch, No. 388, June 12, 2002</ref>}}
==In modern times==
===Salafi-Jihadist and modern traditionalist views===
According to Tariq Ramadan, a prominent Muslim reformer, academic, and theologian:
According to Tariq Ramadan, a prominent Muslim reformer, academic, and theologian:
{{Quote|2=The doctrinal position of the ''salafi'' literalist and their groups in the West, which are in constant communication with scholars based primarily in Saudi Arabia, Jordan, Egypt, or Syria (mostly through former students of their respective educational institutions), refuses any kind of involvement in a space that is considered non-Islamic.  The concepts of ''dar al-kufr'' and ''dar al-harb''<sup>36</sup> are still operational and continue to explain the relationship of the ''salafis'' with the social environment, which is characterized primarily by isolation and by a literally applied religious practice protected from Western cultural influences.<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'']. (pp. 25-26). New York, NY: Oxford University Press.</ref>}}
{{Quote|2=The doctrinal position of the ''salafi'' literalist and their groups in the West, which are in constant communication with scholars based primarily in Saudi Arabia, Jordan, Egypt, or Syria (mostly through former students of their respective educational institutions), refuses any kind of involvement in a space that is considered non-Islamic.  The concepts of ''dar al-kufr'' and ''dar al-harb''<sup>36</sup> are still operational and continue to explain the relationship of the ''salafis'' with the social environment, which is characterized primarily by isolation and by a literally applied religious practice protected from Western cultural influences.<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'']. (pp. 25-26). New York, NY: Oxford University Press.</ref>}}
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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:
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>}}
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> 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>
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>
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{{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.}}


====The definition of ''harbi'', or "agent of war"====
===Modern limitations and criticisms===
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>


A ''harbi'', or "agent of war" was traditionally defined as any non-Muslim living in an area not subject to Islam and thus considered part of the Dar al-Harb. According to traditional Islamic jurists, the ''harbi'' has no rights: his blood and his property are licit to any Muslim.<ref> Ye'or, Bat (Author). Kochan, Mariam & Littman, David (Translators). (2002). [http://books.google.com/books?id=n4kTdYgwQPkC&printsec=frontcover&source=gbs_navlinks_s#v=onepage&q=&f=false ''Islam and Dhimmitude: Where Civilizations Collide'']. (p. 55). Cranbury, NJ: Associated University Presses.</ref> This classical position is reflected in the statements of those many modern Islamist movements, including [[Al-Qaeda]]:
Similarly, the prominent Islamic modernist scholar, Khaled Abou el Fadl (d. 1963), pointed out that in the Quran itself the only "dar" (abode) mentioned was the abode of the hereafter and the abode of the earthly life.<ref>Khaled Abou El Fadl, 2007, "The Great Theft: Wrestling Islam from the Extremists", HarperOne, p. 227.</ref>


{{Quote|1=Al-Qa'ida spokesman Suleiman Abu Gheith, 2002|2=If by religious law it is permitted to punish a Muslim [for the crime he committed] - it is all the more permitted to punish a ''Harbi'' infidel [i.e. he who belongs to ''Dar Al-Harb'' 'the domain of disbelief'] in the same way he treated the Muslim.<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP38802 'Why We Fight America': Al-Qa'ida Spokesman Explains September 11 and Declares Intentions to Kill 4 Million Americans with Weapons of Mass Destruction] - MEMRI: Special Dispatch, No. 388, June 12, 2002</ref>}}
One of the most influential modern jurists, Yusuf al-Qaradawi (d. 2022) stated in his book, ''fiqh al-Jihad'', that the United Nations is a treaty that renders the world an abode of peace, and peace as the basic norm is established. The exception was Israel, which he argued is still part of Dar al-Harb (the abode of war), disagreeing with leading al-Azhar scholars Muhammad Abu Zahrah (d. 1979) and Jad al-Haqq ‘Ali Jad al-Haqq (d. 1996) who justified the 1979 Egypt–Israel Peace Treaty. Similarly, the Saudi Salafist Sheikh ‘Abd al- ‘Aziz bin Baz (d. 1999) disagreed to some extent with al-Qaradawi regarding Israel, citing {{Quran|8|61}} and {{Quran|8|72}} quoted above to argue that the Quran approves of treaties when faced with oppression.<ref>Rashad Ali and Hannah Stuart, [https://henryjacksonsociety.org/wp-content/uploads/2014/02/Refuting-Jihadism.pdf A Guide to Refuting Jihadism: Critiquing radical Islamist claims to theological authenticity] p. 36-37</ref>


===In Islamic writings===
==In Islamic writings==


====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. 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>
''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===
The following is an excerpt from an essay published in September 2001, titled “The Truth of the New Crusader War," by an author under the name “The Crusader Vanquisher Salah Al-Din":
The following is an excerpt from an essay published in September 2001, titled “The Truth of the New Crusader War," by an author under the name “The Crusader Vanquisher Salah Al-Din":
{{Quote|2=First of all, we must clarify an important issue, and this is whether America is a country of war [Bilad Harb] or a country with which we have an agreement [Bilad Ahd]… It is agreed that it is a country of war, and it is permitted for Muslims to strike a country of war with all [kinds] of blows, because the blood, money, and honor of its residents are permitted. This is what the Messenger of Allah did with the Muharibeen [those from Dar Al-Harb, i.e. from territory not yet under Islamic rule that must be conquered ]: He abducted them like he did with the Banu 'Uqail; he plundered their merchant caravans as he did with the Quraysh; he assassinated their leaders as he did with Ka'ab Ibn Al-Ashraf and Salamah bin Abi Al-Huqaiq; he burned their land as he did with Banu Al-Nadhir; he destroyed their fortifications as he did in Taif, and other things.  
{{Quote|2=First of all, we must clarify an important issue, and this is whether America is a country of war [Bilad Harb] or a country with which we have an agreement [Bilad Ahd]… It is agreed that it is a country of war, and it is permitted for Muslims to strike a country of war with all [kinds] of blows, because the blood, money, and honor of its residents are permitted. This is what the Messenger of Allah did with the Muharibeen [those from Dar Al-Harb, i.e. from territory not yet under Islamic rule that must be conquered ]: He abducted them like he did with the Banu 'Uqail; he plundered their merchant caravans as he did with the Quraysh; he assassinated their leaders as he did with Ka'ab Ibn Al-Ashraf and Salamah bin Abi Al-Huqaiq; he burned their land as he did with Banu Al-Nadhir; he destroyed their fortifications as he did in Taif, and other things.  
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The seventh case: It is permitted for Muslims to kill inviolable infidels if the latter had an agreement with the Muslims and broke the agreement, and the imam had to kill the inviolable ones to make an example of them, like the Prophet did with Banu Qurayza.<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sr&ID=SR2504 Contemporary Islamist Ideology Authorizing Genocidal Murder] – MEMRI: Special Report – No. 25, January 27, 2004</ref>}}
The seventh case: It is permitted for Muslims to kill inviolable infidels if the latter had an agreement with the Muslims and broke the agreement, and the imam had to kill the inviolable ones to make an example of them, like the Prophet did with Banu Qurayza.<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sr&ID=SR2504 Contemporary Islamist Ideology Authorizing Genocidal Murder] – MEMRI: Special Report – No. 25, January 27, 2004</ref>}}


===Islamic scholars and leaders===
==Islamic scholars and leaders==


{{Quote|1=Dr. Hani Al-Siba'i, the director of the Al-Maqreze Centre for Historical Studies, 2005|2="The term 'civilians' does not exist in Islamic religious law. Dr. Karmi is sitting here, and I am sitting here, and I'm familiar with religious law. There is no such term as 'civilians' in the modern Western sense. People are either of Dar Al-Harb or not [...] If Al-Qa'ida indeed carried out this act [the London Bombings], it is a great victory for it. It rubbed the noses of the world's eight most powerful countries in the mud. This victory is a blow to the economy..."<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP93205 Director of London's Al-Maqreze Centre for Historical Studies Hani Sibai: There are No 'Civilians' in Islamic Law; The Bombing is a Great Victory for Al-Qa'ida, Which ‘Rubbed the Noses of the World's 8 Most Powerful Countries in the Mud'] - MEMRI: Special Dispatch - No. 932, July 12, 2005</ref>}}
{{Quote|1=Dr. Hani Al-Siba'i, the director of the Al-Maqreze Centre for Historical Studies, 2005|2="The term 'civilians' does not exist in Islamic religious law. Dr. Karmi is sitting here, and I am sitting here, and I'm familiar with religious law. There is no such term as 'civilians' in the modern Western sense. People are either of Dar Al-Harb or not [...] If Al-Qa'ida indeed carried out this act [the London Bombings], it is a great victory for it. It rubbed the noses of the world's eight most powerful countries in the mud. This victory is a blow to the economy..."<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP93205 Director of London's Al-Maqreze Centre for Historical Studies Hani Sibai: There are No 'Civilians' in Islamic Law; The Bombing is a Great Victory for Al-Qa'ida, Which ‘Rubbed the Noses of the World's 8 Most Powerful Countries in the Mud'] - MEMRI: Special Dispatch - No. 932, July 12, 2005</ref>}}


====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", 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".
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".
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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>
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===


{{Quote|1=Sheikh Yousef Al-Qaradhawi, head of the European Council for Fatwa and Research, 2003|2=The martyrdom operations carried out by the Palestinian factions to resist the Zionist occupation are not in any way included in the framework of prohibited terrorism, even if the victims include some civilians [...] It has been determined by Islamic law that the blood and property of people of Dar Al-Harb [the Domain of Disbelief where the battle for the domination of Islam should be waged] is not protected.<ref>[http://www.memri.org/bin/articles.cgi?Area=sd&ID=SP54203 Al-Qaradhawi Speaks In Favor of Suicide Operations at an Islamic Conference in Sweden] - MEMRI: Special Dispatch - No. 542, July 24, 2003</ref>}}
{{Quote|1=Sheikh Yousef Al-Qaradhawi, head of the European Council for Fatwa and Research, 2003|2=The martyrdom operations carried out by the Palestinian factions to resist the Zionist occupation are not in any way included in the framework of prohibited terrorism, even if the victims include some civilians [...] It has been determined by Islamic law that the blood and property of people of Dar Al-Harb [the Domain of Disbelief where the battle for the domination of Islam should be waged] is not protected.<ref>[http://www.memri.org/bin/articles.cgi?Area=sd&ID=SP54203 Al-Qaradhawi Speaks In Favor of Suicide Operations at an Islamic Conference in Sweden] - MEMRI: Special Dispatch - No. 542, July 24, 2003</ref>}}
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In 2008, Iranian Supreme Leader Ali Khamenei issued a decree to act against Israel, which he called "an infidel that should be warred against" (Kafer-e-Harbi) because of the "slaughter of the Palestinian Muslims" and the "plunder of Islamic lands". He stated: "All Palestinian fighters and all believers in the Islamic world must help the defenseless [Palestinian] women, children, and people in Gaza. Anyone who dies in this legitimate and sacred defense is a shahid [martyr]."<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP216908 Khamenei Decrees: Israel is Kafer-e-Harbi; Iranian Martyrdom Seekers Await Khameini's Orders; Iranian Student Organizations Threaten to Take Over Egyptian, Jordanian Diplomatic Representations] - MEMRI: Special Dispatch - No. 2169, December 31, 2008</ref>
In 2008, Iranian Supreme Leader Ali Khamenei issued a decree to act against Israel, which he called "an infidel that should be warred against" (Kafer-e-Harbi) because of the "slaughter of the Palestinian Muslims" and the "plunder of Islamic lands". He stated: "All Palestinian fighters and all believers in the Islamic world must help the defenseless [Palestinian] women, children, and people in Gaza. Anyone who dies in this legitimate and sacred defense is a shahid [martyr]."<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP216908 Khamenei Decrees: Israel is Kafer-e-Harbi; Iranian Martyrdom Seekers Await Khameini's Orders; Iranian Student Organizations Threaten to Take Over Egyptian, Jordanian Diplomatic Representations] - MEMRI: Special Dispatch - No. 2169, December 31, 2008</ref>


====Dagestan====
===Dagestan===


On December 13, 2006, Islamist websites posted an hour-long video from the Caucasus, produced by Nuriddin Media, entitled "Dar al-Harb of Dagestan."  The video, which contained many disturbing images, compelled MEMRI to edit out certain clips.
On December 13, 2006, Islamist websites posted an hour-long video from the Caucasus, produced by Nuriddin Media, entitled "Dar al-Harb of Dagestan."  The video, which contained many disturbing images, compelled MEMRI to edit out certain clips.
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Towards the end, the video shows images of the aftermath of the November 26, 2006, Russian raid on the mujahideen safe house near Dagestan - a raid in which Abu Hafs Al-Urduni, the commander of the foreign mujahideen in the Caucasus, was killed.<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP140306 Islamist Websites Monitor No. 38 - New Video from the Caucasus: "Dar Al-Harb of Dagestan"] - MEMRI: Special Dispatch, No. 1403, December 31, 2006</ref>}}
Towards the end, the video shows images of the aftermath of the November 26, 2006, Russian raid on the mujahideen safe house near Dagestan - a raid in which Abu Hafs Al-Urduni, the commander of the foreign mujahideen in the Caucasus, was killed.<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP140306 Islamist Websites Monitor No. 38 - New Video from the Caucasus: "Dar Al-Harb of Dagestan"] - MEMRI: Special Dispatch, No. 1403, December 31, 2006</ref>}}


====Afghanistan====
===Afghanistan===


{{Quote|1=Gulboddin Hekmatyar, Afghan Islamist leader of a militia that joined the Taliban and Al-Qa'ida<br>in a "holy war" against all international and peacekeeping forces in Afghanistan, 2002|2=American forces are guarding the presidential palace and foreign forces are in control of all the airports in the country. We think that it is not permissible under the shari'a to cooperate with the occupiers. It is also not permissible to join this government, because it is an agent government. Islam does not permit a Muslim to live in submission under infidels and aggressors. I think that Afghanistan is currently categorized as a 'Domain of War' [Dar Al-Harb]. All Afghans must remove the invading forces from their country. It is not possible for us to reach a dialogue now with those who supported the United States, because there will be no benefit in establishing contact and dialogue with them. They sided with the Russians in the past and received weapons and financial aid from them.<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP45503 Interview With Afghan Islamist Leader On Jihad Against U.S.] - MEMRI: Special Dispatch, No. 455, January 3, 2003</ref>}}
{{Quote|1=Gulboddin Hekmatyar, Afghan Islamist leader of a militia that joined the Taliban and Al-Qa'ida<br>in a "holy war" against all international and peacekeeping forces in Afghanistan, 2002|2=American forces are guarding the presidential palace and foreign forces are in control of all the airports in the country. We think that it is not permissible under the shari'a to cooperate with the occupiers. It is also not permissible to join this government, because it is an agent government. Islam does not permit a Muslim to live in submission under infidels and aggressors. I think that Afghanistan is currently categorized as a 'Domain of War' [Dar Al-Harb]. All Afghans must remove the invading forces from their country. It is not possible for us to reach a dialogue now with those who supported the United States, because there will be no benefit in establishing contact and dialogue with them. They sided with the Russians in the past and received weapons and financial aid from them.<ref>[http://memri.org/bin/articles.cgi?Page=archives&Area=sd&ID=SP45503 Interview With Afghan Islamist Leader On Jihad Against U.S.] - MEMRI: Special Dispatch, No. 455, January 3, 2003</ref>}}
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