Dar ul Islam / Dar ul Kufr definitions ?

[AbuZayd]

Assalamu alaykum,

Could anyone provide us with the agreed upon definition of Dar ul Islam, Dar ul Kufr according to the Hanafi fuqaha?

JazakAllah khair.

[salman]

Sallamu Alaikum

According to Hanafis Dar al Kufr is any land that is non-muslim. This was the definition provided by Qadhi Abu Yusuf and Imam Muhammad in Badai Wal Sanai.

Dar al Islam is anyplace where the Muslims are in rule.

[Goldi]

Sallamu Alaikum

According to Hanafis Dar al Kufr is any land that is non-muslim. This was the definition provided by Qadhi Abu Yusuf and Imam Muhammad in Badai Wal Sanai.

Dar al Islam is anyplace where the Muslims are in rule.

Interesting.

Dr. Umar Abdullah was over in Toronto not too long ago and according to him, Imam Abu Hanifa defined Dar-ul-Islam to be any place where you were allowed to pray without hindrance.

(besides, arent those definitions that you provided a bit on the sloppy side? what exactly does 'land that is non-muslim' mean?)

[salman]

sallamu alaikum

I have heard from people that any place where someone can openly practice Islam will lose the status of being Dar al Harb. I havent seen a source for it as of yet (it makes sense though), Wallahu A'lam.

As for Non muslim land, it means any land under the rule of Non Muslims, where the Laws of Kufr are predominant.

[salman]

sallam

Ok heres the definition. Akhi you were right:

A place may be classified as Daarul Harb if the following conditions are
found:
a) The government implements total un-Islamic law in the country, to such an
extent that Muslims are not able to practice their religion freely.
b) This state is surrounded by other states with similar conditions
(un-Islamic) and not surrounded by an Islamic state.
c) Peace and safety of Muslims is in danger. They may attacked at anytime,
because of them being deprived of safety from the side of the government.
(Shaami vol.4 pg.175; Karachi)

If the above criteria are fulfilled, a state may be called Darul Harb.
However, in default in any of the conditions it may not be considered as
Darul Harb, hence, all the laws pertaining to Darul Harb may not apply.

We are unable to comment on these queries, due to it being very intricate.
Such issues should be discussed with other scholars and jurists before
formulating an opinion.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai

[salman]

Sallam

Heres whats from SunniPath (which was why i stated what i did, apologies):

In Hanafi terms, there is only a two-way division: Dar al-Islam and Dar al-Harb. However, great contemporary fuqaha (including Shaykh Mahmoud Usmani) explain that because social, economic, and political realities have changed, the fiqh rulings related to non-Muslim lands has necessarily changed.

> that I wished to have his above answer clarified. Did Shaykh al-Misri, rahimullah, get it wrong?

Look in the Reliance. It is really funny. The discussion referred to is deep inside the appendices Sheikh Nuh added to Ibn Naqib's work.

In the Hanafi madhhab, non-Muslim lands would be classified as Dar al-Harb.

http://www.sunnipath.com/resources/Questions/qa00000394.aspx

[AbuZayd]

Assalamu alaykum,

JazakAllah khair for providing the definition of Dar ul Harb. I have some follow up questions. Is Dar ul Harb synonymous with Dar ul Kufr according to the Hanafis?

Also, what is the definition of Dar ul Islam according to the classical fuqaha and would our current Muslim countries fulfil this definition despite the non-implementation of Shariah?


Wasalam.

[Abu Usama]

Salam,

I have a question about darul harb. Is it true that in darul harb the normal way of acting in society no longer applies? So that you can take interest, steal from the government, take slave-girls, blow up people etc? - Because I have heard that all of the above can happen and are allowed.

[salman]

Sallamu Alaikum

Akhi Abu Usama, the link to Sunnipath i provided above answers your question about Riba in Dar Al Harb. It is true that Imam Abu Hanifa allowed Interest in Dar Al Harb. It should be added that the stipulation applies only between the Muslim and the belligerent non-Muslim i.e. in a state of war; not under the mutually agreed-upon contract of civil protection in which a Muslim enters when he travels to a non-Muslim country for business, study, tourism, asylum, or dawa. I do not know the other positions you asked for.

As for Akhi Abu Zayd, yes it is. According to Imam Abu Hanifa there is only Dar Al Harb and Dar al Islam, nothing else. Therefore, all Islamic countries, or countries where Muslims rule are Dar Al Islam, everything else is Dar Al Harb/Kufr. Note that this was Imam Abu Hanifas position and i do not know what the contemporary position is today. But as mentioned If one is able to safely show and practice ones Islam in Brixton or Montevideo, then that place is no longer considered Dar Al Harb.

According to what i have read in Ahkam al Sultaniyya by Mawardi, a country will not be considered Dar al Islam if it doesnot implemet Sharia, but once again this is a classical definition which may have changed over time.

Wallahu A'lam

Wallahu A'lam

[AbuZayd]

Sallamu Alaikum

As for Akhi Abu Zayd, yes it is. According to Imam Abu Hanifa there is only Dar Al Harb and Dar al Islam, nothing else. Therefore, all Islamic countries, or countries where Muslims rule are Dar Al Islam, everything else is Dar Al Harb/Kufr. Note that this was Imam Abu Hanifas position and i do not know what the contemporary position is today. But as mentioned If one is able to safely show and practice ones Islam in Brixton or Montevideo, then that place is no longer considered Dar Al Harb.

According to what i have read in Ahkam al Sultaniyya by Mawardi, a country will not be considered Dar al Islam if it doesnot implemet Sharia, but once again this is a classical definition which may have changed over time.

Wallahu A'lam

Wallahu A'lam

Assalamu alaykum brother saleel,

Akhi, would the U.K. then be considered Dar al Islam according to Imam Abu Hanifa's definition?

And I suppose according to Imam Al-Mawardi's definition there is no Dar al-Islam anywhere as no land is ruled by the Shariah in its entirety?

[salman]

Sallamu Alaikum

Probably so (the Mawradi thing)

As for the Uk things, most scholars also Add Dar Al Sulh ( ? ) which means an area (non muslim) where Muslims have a treaty of some sort and are safe, *maybe* the UK falls into that but Allah knows best. It would be best to consult a scholar, or maybe one of the brothers on this forum can answer better then me.

[Murabit]

By definition Darul Kufr is any land where the authority,leadership and power belongs to non Muslims and they rule by their laws. This is regardless of whether the inhabitants of that land is a muslim or non muslim. Darul Islam on the other hand is any territory where the authority, leadership, and power rest totally with the Muslims, and through these three facts they implement God's Laws. This is regardless of whether the civilian population of the territory is Muslim or non muslim, as this aspect is not a factor to determine whether a territory is Darul Islam or Darul Kufr. This definition of Darul Islam and Darul Kufr is what was held by Imam Malik, Imam Shaafi'i , Imam Ahmad Ibn Hanbal and two of the students of Imam Abu Hanifa, Imam Muhammad Ash Shaybani and Qadhi Abu Yusuf and this definition holds the majority position. Imam Abu Haneefa himself differed from this definition and he held darul Islam to be a territory that met the three conditions that were listed earlier by Bro Salmany.

Dar ul Kufr is divided into two categories with regards to relation with Darul Islam: Darul Harb, and Darul Hudna

Darul Harb is that part of Darul Kufr which is at war with Dar ul Islam.
Darul Hudna on the other hand is that part of the Darul Kufr with whom the Darul Islam has a peace treaty with.

Darul Kufr/Harb is divided into three characteristics:

1) Darul Kufr or Harb al Asli : which is a territory in darul kufr such that the muslims never conquered it or it was never a part of the Dar ul Islam. Examples are the British Isles, Greenland, Germany, Japan etc. are Dar ul Kufr al Asli as the Islamic conquest never reached to those countries.

2) Darul Kufr at Tari : which is the territory in Darul Kufr that was once a part of Darul Islam, but was snatched away from the Islamic authority either through its conquest by the non Muslims or through the apostasy of its rulers. An example would be Spain, Sicily, parts of southern france which were once a part of dar ul Islam but was retaken by the non Muslims.

3) Darul Ridaa : It is a kind of Darul Kufr at Tari, such that the territory was a part of Darul Islam but the governor or people of authority there apostated from Islam by commiting one of nawaqis of Islam. Examples are all the Muslim governments of today including those in the Arabian Peninsula.


So it is clear there is no territory on the earth today where there would be a Dar ul Islam, as everywhere Kaffirs and Apostate have the power and authority and subject the people through their man made laws. Remember once again that the civilian population or their religion does not account for a place to be darul Islam or Darul Kufr, as the definition of Darul Islam and Dar ul Kufr rest behind who is in the power and authority.

[eat-halal guy]

My classmate and I asked our teacher once (a Mufti who studied in Deoband...great teacher Masha-Allah) and he said that Canada was a Darul Aman (peace), since we are allowed to practice Islam and are not persecuted because of our faith and beliefs. Thus, it would not be permissible to take interest and all that other stuff that goes with Darul Harb.

Allah knows best, because as stated by Mufti Ebrahim Desai:


We are unable to comment on these queries, due to it being very intricate. Such issues should be discussed with other scholars and jurists before
formulating an opinion.

[AbuZayd]

JazakAllah khair Akhi Murabit.

Could you clarify the three criterion for Dar ul Islam according to Imam Abu Hanifa as bro Salman only mentioned three criteria for Dar ul Harb in Hanafi fiqh (which don't seem to be apparent in any land)?

[Murabit]

My classmate and I asked our teacher once (a Mufti who studied in Deoband...great teacher Masha-Allah) and he said that Canada was a Darul Aman (peace), since we are allowed to practice Islam and are not persecuted because of our faith and beliefs. Thus, it would not be permissible to take interest and all that other stuff that goes with Darul Harb.

Forgot to mention that Darul Kufr or Harb is further divided into two categories with regards to Muslims living within its boundaries. One is Darul Kufr al Amaan where the lige and wealth of a Muslim living there is safe. And Darul Kufr al Fitna where the life and wealth of a muslim is unsafe.
Canada is Darul Kufr al Aman, such that in between its boundaries the Muslims' wealth, lives and honors is safe but it is not a Darul Kufr al Hudna as it has active ground troops in Afghanistan to kill and displace Muslims there. And how can it be a Darul Kufr al Hudna when there is no Darul Islam on earth with whom she made a peace treaty with? It should be remembered that Canada is Darul Harb as according to all classical Fuqaha any kafir state that engages in killing or oppression a muslim has no peace treaty or has a nullified peace with darul Islam and is in a state of war with it.

[Murabit]

According to Imam Abu Haneefa Darul Islam would be the place where :
1) The authority,power and leadership of that territory fully rests with the Muslims and using these three factors they implement God's Laws.

2) A Muslim is safe in his life and wealth because of his Islam/eman and a dhimmi is safe in his life and wealth because of his Jizya

3) If the Darul Islam is overrun by invading non Muslim hordes it will still be a darul Islam if the territory is located in a region whose immediate neighbouring territories are not Darul Kufr.

[AbuZayd]

What if not all the laws were in accordance with the Shariah as is the case in all the Muslim countries - I thought that would be Dar ul Islam according to Imam Abu Hanifa's definition? Otherwise I don't see any difference in his definition to the other Mujtahid Imams definitions you mentioned earlier.

[Abu Usama]

Salam, a couple more related questions:

1 - would places like Turkey be counted as darul harb? And if so, then what is the ruling regarding Muslims staying there? Does it make a difference to the ruling that some places (such as Turkey) where once Darul Islam?

[Murabit]

What if not all the laws were in accordance with the Shariah as is the case in all the Muslim countries - I thought that would be Dar ul Islam according to Imam Abu Hanifa's definition? Otherwise I don't see any difference in his definition to the other Mujtahid Imams definitions you mentioned earlier.

Yes apparently it seems that there is no difference between the positions of the mujtahid Imams and Imam Abu Hanifa but take an example of this historical situation. When the infidel/pagan Mongols and Tartars first invaded Baghdad from the east then after somewhile they also invaded Syria and captured Damascus. But they left Syria to its own people to manage their affairs. So although by name Syria was within Mongol/Tartar realm ,but the authority of the people there rested in the hands of the Syrian muslims who ruled according to Shariah and safeguarded the blood and property of muslims because of their eman, and of the dhimmis because of their jizyah. In a scenario like this according to my view , Imam Abu Hanifa's conditions would regard the place to be Darul Islam, but to other Imams it wont, because the real leaders are still the Mongols, and they out of their own power and wish allowed others [ Muslim] within the empire to have some authority over a land that is subject to the Mongol jurisdiction.

[Murabit]

Salam, a couple more related questions:

1 - would places like Turkey be counted as darul harb? And if so, then what is the ruling regarding Muslims staying there? Does it make a difference to the ruling that some places (such as Turkey) where once Darul Islam?


Yes ever since Turkey adopted secularism instead of shariah, it turned into a darul Kufr. And when she allied herself with Nato and Israel to support the killing and displacing of Muslims in Palestine, Iraq and Afghanistan, without doubt Turkey became Darul Harb.
Bascially the Muslims in Darul Harb fall into three categories:

1) They are there to help the cause of Islam by making dawah and doing jihad both by speech as well as by arms/qitaal, or to spy on the harbi kaffir enemy in favour of the muslims. According to Islamic teachings their presence in Darul Harb for this purpose is mustahaab and carries reward.

2) The Mustazafeen , the weak people who dont have the means to make hijra to darul Islam either due to the absence of a darul Islam, or for financial reasons, or geographical barriers, or for being handicapped, or for being under threat/ blackmail from the kuffar, or for any other legitimite reason. Such people are forgiven, and there is no sin upon them if they remain in Darul Harb provided they dont make mudahara/alliance with the harbis against the muslims, for that would constitute apostasy.

3) Those who have the means for making hijra to darul islam but dont. About such people the Prophet[saws] declared his baraah from. However this baraah does not mean that those muslims became apostates as in reality by baraah in the saying of the prophet here was actually meant that the Prophet[saws] will not be responsible for their well being in case if their lives, honor and property fall into danger by the kuffar or if they die or get harmed when they come in a crossfire between the invading Muslims troops and kuffar army. This matter has been made clear in another hadith reported by Ibn Hazm in which it is clearly understood that the baraah of the prophet[saws] from them didnot mean their expulsion from the millah but rather the irresponsibility towards their welfare in case it falls into danger in the darul harb. However if these muslims aid the harbi kuffar against the Muslims, then there is no doubt that they would fall into apostasy.


Keep in mind the entire earth right now is Darul Kufr as their is not a single place on this planet where Islam is being implemented fully on a political, economic and social basis. so there is no darul Islam to which one can make hijra to, thus most of the muslims today hold the status of being dhuafaa or mustadafeen, and there is no blame on them if they currently reside in a darul kufr.

[AbuZayd]

Asalamu alaykum Akhi,

I found this, what do you make of it?





Shafi I jurist, Abu al-Hasan al-Mawardi (d. 450/1058), includes among the definitions of the “Abode of Islam” (Dar al-Islam) any land in which a Muslim enjoys security and is able to isolate and protect himself, even if he is unable to promote the religion.


See al-Hawi al-kabir 18 vols ed A.M. Mu awwad and A.A. Abd al-Mawjud (Beirut: Dar al-Kutub al-Ilmiyah, 1414/1994), 14:104


Wasalam.

[AbuZayd]

And, on Dar al-Harb from the Reliance of the Traveller:




WHAT IS MEANT BY "ENEMY LANDS" (DAR AL-HARB)

w43.5 As for the fatwa's claim that India is an enemy land (dar al-harb), it is not in its generality true. Because areas in which Muslims reside and there is a remnant of Islam's rules - even if this is limited to marriages and what pertains to them, for example - are considered Muslim lands. A Muslim land does not become an enemy land except under three conditions:

(a) that the security of Muslims through their leader no longer exists and the security of Non-Muslims has taken its place;

(b) that they have been surrounded on all sides such that it is impossible for the aid of Muslims to reach them;

(c) and that not a single one of Islam's rules remains therein (N: which effectively means that none of the lands that Islam has spread to and in which something of it remains can be considered an enemy land. As for other countries, enemy lands (dar al-harb, lit, "abode of war") consist of those with whom the Muslim countries (dar al-Islam) are at a state of war) (n: in the light of which, it is clear that there is virtually no country on the face of the earth where a Muslim has an excuse to behave differently than he would in an Islamic country, whether in his commercial or other dealings).

(Rudud 'ala abatil wa rasa'il al-Shaykh Muhammad al Hamid)

[Abu Usama]

salam, did you find the quote from the reliance on the net? and if so, could you give the link please. Wasalam.

[AbuZayd]

Not on the net Akhi, I looked it up at home.

[Saleel]

:salam:

This is turned into a discussion rather than a Q&A, so :insh: moving to Debates and In-depth Islam.

:salam:

[Goldi]

it is not a Darul Kufr al Hudna as it has active ground troops in Afghanistan to kill and displace Muslims there.

Substantiate this claim. That is a mighty accusation there.

[faqir]

Substantiate this claim. That is a mighty accusation there.


true.

[faqir]

http://www.islamonline.net/english/Contemporary/2003/05/Article01.shtml

Dr. Taha Jaber Al-`Alwani, president of the Fiqh Council of North America (FCNA) and also a member of Jeddah based International Academy of Fiqh, pointed out in an interview with the "Islamic Horizons" that an "example of misguided rulings is the fatwa that countries like the United States are dar al kufr and dar al harb, where Muslims have the right to circumvent their laws and regulations"... ...

Dr. Alwani also identified that "in the past, scholars were unanimous in their view that the entire earth was the land of Allah and did not divide it into such spheres. Instead, some scholars like Imam al Razi considered the earth to consist of dar al ijaba, which replaces the term dar al Islam, and dar ad dawah, which replaces the term dar al harb.

Dar ad dawah means a land for dialogue and inter-faith communication, a land where people are not classified, but all human being are considered one family. This family has two parts. One is identified as ummat al ijaba, instead of ummat al Muslim, and other as ummat ad dawah, instead of kuffar or harbiyun.

This part of our heritage and legacy represents Islam more correctly than the other part, because the whole earth has been created by Allah as humanity’s home.

The Prophet (saws) told us that the entire earth is a masjid and pure. The only difference is that in dar al ijaba, the message of Islam has been established, and in dar ad dawah the message has to be spread. We all know what the nuances of performing dawah are, and certainly that misguided dar al harb / dar al kufr ruling is not among the instruments of dawah".

"The famous 5th Hijra century Imam al Mawardi, in fact said that even if we have one Muslim family living in a non-Muslim state, their home will be the home of Islam. The reality is that wherever Muslims find the freedom to practice Islam, that place will be dar al Islam for them, and there is no need for them to migrate to some other dar al Islam for this purpose"