Dar Al-harb

In classical Islamic law, the major divisions are ''dar al-Islam'' (lit. territory of Islam/voluntary submission to God), denoting regions where Islamic law prevails, ''dar al-sulh'' (lit. territory of treaty) denoting non-Islamic lands which have concluded an armistice with a Muslim government, and ''dar al-harb'' (lit. territory of war), denoting adjoining non-Islamic lands whose rulers are called upon to accept Islam."Dar al-Harb"
''The Oxford Dictionary of Islam''

The Arabic singular form ''dar'' (), translated literally, may mean "house", "abode", "structure", "place", "land", or "country". In Islamic jurisprudence it often refers to a part of the world.

The notions of "houses" or "divisions" of the world in Islam such as ''dar al-Islam'' and ''dar al-harb'' does not appear in the Quran or the hadith. According to Abou El Fadl, the only ''dar''s the Qur'an speaks of are "the abode of the Hereafter and the abode of the earthly life, with the former described as clearly superior to the latter".

Early Islamic jurists devised these terms to denote legal rulings for ongoing Muslim conquests almost a century after Muhammad. The first use of the terms was in Iraq by Abu Hanifa and his disciples Abu Yusuf and Al-Shaybani. Among those in the Levant, Al-Awza'i was leading in this discipline and later Shafi'i.

The concept of ''dar al-harb'' has been affected by historical changes such as the political fragmentation of the Muslim world, and has little significance today. The theoretical distinction between ''dar al-Islam'' and ''dar al-harb'' is widely considered inapplicable, and many contemporary Islamic jurists regard the Western world as part of the former, since Muslims can freely practise and proselytize their faith in Western countries.

Major religious divisions

Early Islamic legal theory divided the world into two divisions: "abode of Islam" and "abode of war". The first, called ''dar al-Islam'', sometimes ''Pax Islamica'', consisted of Muslims and non-Muslims living under Islamic sovereignty. The second was ''dar al-harb''.

Dar al-Islam

''Dar al-Islam'' ( ar, دار الإسلام literally ''house/abode of Islam'' or ''dar al-Tawhid'', ''house/abode of monotheism'') was a term used by Muslim scholars to refer to those countries under Muslim sovereignty, sometimes considered "the home of Islam" or ''Pax Islamica''. ''Dar al-Islam'' meaning "house/abode of Islam" is also referred to as ''dar al-salam'' or "house/abode of peace". In the Qur'an (10.25 and 6.127) this term refers to Paradise in Heaven.

Dar al-Islam consisted of Muslims and non-Muslims, with the latter living as ''dhimmis'' (protected persons). The non-Muslims had the right to their own law and religion in exchange for paying the jizya. While Muslims enjoyed full civil rights, non-Muslims were given partial civil rights. However, both Muslims and non-Muslims were equal in their claim to security and being protected from attack. For example, if an enemy seized dar al-Islam's citizens, the state was obliged to free them, whether they were Muslim or non-Muslim.

Likewise, in foreign affairs, the Muslim government represented both its Muslim and non-Muslim citizens. Relations between Muslims and non-Muslims were regulated by "constitutional charters" (special agreements issued by the authorities), and these agreements recognized the personal law of each non-Muslim community (the Jewish community, Christian community etc). Non-Muslims could access Islamic courts if they wished.

According to Abu Hanifa, considered to be the originator of the concept, the requirements for a country to be part of ''dar al-Islam'' are:
# Muslims must be able to enjoy peace and security with and within this country.
# The country should be ruled by a Muslim government.
# It has common frontiers with some Muslim countries.

Dar al-'Ahd

Dar al-'Ahd ( ar, دار العهد, links=no "house of truce") or dar al-Sulh ( ar, دار الصلح, links=no "house of conciliation/treaty") were terms used for territories that have a treaty of non-aggression or peace with Muslims. Such a division was recognized by Shafi'i jurists. But Hanafi jurists argued that if a territory concluded a peace treaty with dar al-Islam, dar al-Islam was obligated to protect this territory and its people, hence the territory effectively became dar al-Islam. Thus, Hanafis did not recognize this division.

This designation can be found in the Quran, where Muslims are directed on how they should act in war:

Dar al-harb

''Dar al-harb'' ( ar, دار الحرب, links=no "house of war") was a term classically referring to those countries which do not have a treaty of non-aggression or peace with Muslims (those that do are called dar al-'Ahd or dar al-Sulh). The notions of divisions of the world, or ''dar al-harb'', does not appear in the Quran or the Hadith. According to some scholars, the term "abode of war" was simply a description of the harsh reality of the premodern world.

According to Majid Khadduri, the fundamental distinction between ''dar al-Islam'' and ''dar al-harb'' was introduced after the defeat of the Umayyad Caliphate at the Battle of Tours in 732 which prevented the expansion of Islam to the north, while at the same time the expansion of the caliphate to the east had been halted. Wahbah al-Zuhayli argues that the concept of dar al-harb is mostly historical: "The existence of Dār al-Islām and Dār al-Ḥarb in contemporary times is rare or extremely limited. This is because Islamic countries have joined the United Nations covenant that stipulates that the relationship between nations is peace and not war. Therefore non-Muslim countries are Dār al-‘Ahd ..."

According to Abu Hanifa there are three conditions that need to be fulfilled for a land to be classified as dar al-harb:

# Implementation of the laws of the non-Muslims openly and that no rule of Islam is implemented any longer
# Bordering another dar al-harb
# No Muslim remains safe as he was before the non-Muslims took power.

The purpose behind differentiating between dar al-Islam and dar al-harb was to identify the land as either one of safety for the Muslims or of fear. So, if Muslims are generally safe in a land and not in fear, then it cannot be classified as dar al-harb.

Under the classical doctrine, it was the duty of Muslim rulers to bring dar al-harb under Islamic sovereignty. A state of war was presumed between dar al-harb and dar al-Islam, but this did not necessarily imply that hostilities must occur. It was up to the ruler to decide when, where and against whom wage war. So in practice there was often peace between dar al-Islam and dar al-harb; formal armistices could last up to 10 years, while informal peace could last much longer than 10 years.

During periods of a formal peace treaty with a territory in dar al-harb, it was immune from attack by Muslims, and its inhabitants (called ''harbi'') could enter Muslim lands unmolested. In the absence of a peace treaty, a ''harbi'' could also enter Muslim lands safely if that harbi'' first obtained an ''aman'' (assurance of protection). It was through such ''aman'' that trade and cultural exchange was conducted between dar al-harb and dar al-Islam. Any adult Muslim resident of dar al-Islam (male or female, free or slave) could grant such ''aman'' to a ''harbi''. Al-Shaybani ruled that even non-Muslim residents (dhimmis) could grant aman, while others sources say non-Muslim residents could not grant aman.

See also

* Outline of Islam
* Glossary of Islam
* Index of Islam-related articles
*Ummah
*Caliphate
* Dhimmi
*Sulh
* Pan-Islamism
*Islamic studies
* Theology of religion

References

*
*

Further reading

*
*''Western Muslims and the Future of Islam'', by Tariq Ramadan
*''Fatwa on Terrorism and Suicide Bombings'', by Muhammad Tahir-ul-Qadri
Nicola Melis, ''Trattato sulla guerra. Il'' Kitab al-gihad ''di Molla Husrev''. Cagliari: Aipsa, 2002

* König, Daniel G., Arabic-Islamic Views of the Latin West. Tracing the Emergence of Medieval Europe, Oxford, OUP, 2015.

External links

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