Did Abu Hanifa say it is persmissible to take rent in Dar ul Harb ?

[Hanbalia]

as salamau aleykum warahmatullahi wabarakatuh,

Did Abu Hanifa say it is persmissible to take rent in Dar ul Harb ?

Dar ul Harb means non-islamic country right?

[True Life]

Did the system of rent already exist in the times of Imam Abu Hanifa?

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.

So, one could argue but I guess we live in Darul Aman...

[Hanbalia]

Did the system of rent already exist in the times of Imam Abu Hanifa?



So, one could argue but I guess we live in Darul Aman...

I think so yes, in fact if it wasnt existed how it could be prohibeted?

I just heard Imam Abu Hanifa has such a view...

[abuhajira]

I cannot understand the question.. what do you mean by rent? and if it is casual rent.. why should it not be permissible?

[Hanbalia]

I cannot understand the question.. what do you mean by rent? and if it is casual rent.. why should it not be permissible?

with rent i mean Riba, according to a view Abu Hanifa said it is allowed to take Riba in Dar ul Harb...

[abuhajira]

If I remember correctly, yes it will be permissible to take riba in Dar ul Harb..

اللباب في شرح الكتاب - (ج 1 / ص 155)
(ولا بين المسلم والحربي في دار الحرب) لأن مالهم مباح في دارهم، فبأي طريق أخذه المسلم أخذ مالا مباحاً إذا لم يكن فيه غدر، بخلاف المستأمن منهم، لأن ماله صار محظوراً بعقد الأمان، هداية.

Basically it will be permissible to take ribaa except from those with whom an pact of saecurity has been set.

[tazkiyyah]

Sidi Abu Hajira

Could you provide the hanafi definitions of dar al islam and dar ul kufr
and also or dar al aman and dar al khawf

In the west what type of dar is this. And what are its rulings?

[truesalafi]

Assalamoalaykom.

Could some one please tell me how do Hanafi scholars explain the view of Imam Abu Hanifa (rh) on taking the Riba from non mulims in enemy lands, when Quranic verse and hadith prohibit taking riba?

Also, what changes have taken place since the time of Imam Abu Hanifa in the society that Riba was perrmissible for followers of Hanafi fiqh at that time( in enemy land) ,but at present it is not allowed?

Jazakumullah .

[abuhajira]

please see the post above for shami's text about dar ul harb.. which lang today fulfils thats explanation..

as for Imam Saheb r.a opinion.. it is based on the Hadith of Makhool which says

لا ربا بين المسلم والحربي في دار الحرب

as mentioned in Mabsoot..

[Hanbalia]

I did a little investigation;

In fact Imam Muhammad is also inline with Abu Hanifa, they both say it is aloud to get Riba (for example from a British bank) in a Dar ul Harb country (for example U.K.) and also to give Riba (for example a mortgage)

Like Abuhijra said Imam Abu Hanifa and Imam Muhammad based their view on the hadith of Makhul;

لا ربا بين المسلم والحربي في دار الحرب

Its stated in al Mabsoot this hadith is Mursal and Makhul is Thiqa and therefore this Mursal hadith is acceptable and valid as proof.

However according to Kamaluddin al Humaam this hadith is Ghareeb as mentioned in his Fath ul Qadir, and he refutes this view (see Fath ul Qadir Vol.7Page. 39)

Imam Shafi said that Abu Yusuf said; ''This is only the wording of Abu Hanifa, because the ustadh said that Makhul narrated that the Prophet said 'There is no Riba between the people of Dar ul Harb' I think he also said 'and between the muslims'

Imam Shafi said; ''This hadith is not firm, there is no way to use it as proof.''
Bayhaqi attributed these sayings to Imam Shafi


The Jafaris are also of the same view as Abu Hanifa and Imam Muhammad they base their view on a hadith (recorded in their own books called Al-İstibsaar) of Ali (ra)

ليس بيننا وبين أهل حربنا ربا فإنا نأخذ منهم ألف درهم بدرهم ونأخذ منهم ولا نعطيهم

According to Imam Abu Yusuf and the rest of the Madhaatib Riba is not allowed anywhere.


Whats the Rajih opinion in the Hanafi Madhab?


Was salaam