How Islam see the jurisdictions of the world?
Bismillah Ar Rahman Ar Raheem
Introduction
Western world has divided the world in Eastern block and Western block when there were two great powers: The USSR and the USA. One collapsed and the other remained. It has also divided the world in to two other blocks on the basis of economy: North and South. Amidst these divisions it is wonderful to ask how come Islam divided the world being a religion chosen by God? The answer is simple. The Jurists of Islamic Madahibs have coined terms to divide the world on basis of faith and disbelief. These divisions however were never intended to wage unending warfare, but these divisions were primarily done for the application of Islamic law. The divisions were: Dar Al Harb and Dar Al Islam. These were primary divisions by the classical jurists. Within these two divisions lay subsidiary divisions if we are to make sense of the other divisions and they are: Dar Al-Amn and Dar Al-Ahd.
Dar Al-Islam (House of Islam)
When people said the communist block, they meant that the political and legal jurisdictions lie with the communist rulers and the system. In this same way when it was stated Dar Al-Islam it was meant the political and legal jurisdictions lie with Islamic law and Islam. Classical jurists defined it as the land where the laws of Islam reign supreme or mostly, even if most of the subjects are non-Muslims. [Hanafis, Hanbalis and Shafis]. Some used the word land where most are Muslims. This also means land where Islamic law is established because most Muslims at that time were ruled by Islam and Islamic law. In case the ruler is non-Muslim but allows the Muslim to follow their religion peacefully then the discussion is below in Dar Al-Amn. Proof of Dar Al-Islam is the very existence of Madina. Modern day equivalence would be Iran or Saudi Arabia if they accept Muslim immigrants on the basis of giving them protection and sanctuary.
Dar Al-Harb (House of war)
Some jurists called it house of Kufr (Dar Al-Kufr). It makes sense because Imam Sarakhsi stated that a land becomes Dar Al-Harb if Muslims are persecuted there and the law of kufr reigns supreme. This addition of “persecution is important”, because it obligates Dar Al-Islam to initiate humanitarian intervention on the basis of the verse (4:75). Proof of Dar Al-Harb was the very existence of Mekkah. Modern day equivalence would be Burma and persecution of Rohingyas, or Palestine and persecution of Muslims there or Angola and their reported banning of Islam etc.
Dar Al-Ahd
This is the land which was at war with Muslims but has entered into a peace treaty with Dar Al-Islam. Proof of this is the treaty of Hudaibiyya with the Mekkans and Muslim sanctuary in Mekka after the treaty.
Dar Al-Amn
Land where Muslims are allowed to practice their religion peacefully but have no jurisdiction to implement the law by themselves. Proof of this is the Muslim sanctuary at Ethiopian king who was Christian. Modern equivalence is Iraqis, Afghanis or Palestinians getting sanctuary in Scandinavian countries or East Asian countries.
Conclusion
It is essential that these division remain, or else Islamic law will lose proper context relating to pinpointing jurisdictional issues. For example, without knowing Dar Al-Harb Jihad cannot be declared and likely it is declared against Dar Al-Amn or Dar Al-Islam. Studying legal framework, constitution and legal system will help us understand which is what inshallah. The classical jurists were not stupid in introducing these important concepts, nor they said it was meant for some time. For example, we see in the Fatwa of Imam Ramli relating to the place called Aragon in Andalusia, he really needed to figure out what this place was-whether Dar Al-Amn or Dar Al-Islam. He did not say the classification do not apply here like many modernists or so called Islamic political thinkers do. The introduction of United Nations does not change a bit these classifications but rather enhances it because UN accommodates war, peace, treaties and faith. UN does not interfere with political and territorial sovereignty of any state. It is true classical jurists disputed among themselves regarding delimitation of concepts of those houses, but it was from legal technicalities. They never refuted the basis of these concepts, nor should we.
Introduction
Western world has divided the world in Eastern block and Western block when there were two great powers: The USSR and the USA. One collapsed and the other remained. It has also divided the world in to two other blocks on the basis of economy: North and South. Amidst these divisions it is wonderful to ask how come Islam divided the world being a religion chosen by God? The answer is simple. The Jurists of Islamic Madahibs have coined terms to divide the world on basis of faith and disbelief. These divisions however were never intended to wage unending warfare, but these divisions were primarily done for the application of Islamic law. The divisions were: Dar Al Harb and Dar Al Islam. These were primary divisions by the classical jurists. Within these two divisions lay subsidiary divisions if we are to make sense of the other divisions and they are: Dar Al-Amn and Dar Al-Ahd.
Dar Al-Islam (House of Islam)
When people said the communist block, they meant that the political and legal jurisdictions lie with the communist rulers and the system. In this same way when it was stated Dar Al-Islam it was meant the political and legal jurisdictions lie with Islamic law and Islam. Classical jurists defined it as the land where the laws of Islam reign supreme or mostly, even if most of the subjects are non-Muslims. [Hanafis, Hanbalis and Shafis]. Some used the word land where most are Muslims. This also means land where Islamic law is established because most Muslims at that time were ruled by Islam and Islamic law. In case the ruler is non-Muslim but allows the Muslim to follow their religion peacefully then the discussion is below in Dar Al-Amn. Proof of Dar Al-Islam is the very existence of Madina. Modern day equivalence would be Iran or Saudi Arabia if they accept Muslim immigrants on the basis of giving them protection and sanctuary.
Dar Al-Harb (House of war)
Some jurists called it house of Kufr (Dar Al-Kufr). It makes sense because Imam Sarakhsi stated that a land becomes Dar Al-Harb if Muslims are persecuted there and the law of kufr reigns supreme. This addition of “persecution is important”, because it obligates Dar Al-Islam to initiate humanitarian intervention on the basis of the verse (4:75). Proof of Dar Al-Harb was the very existence of Mekkah. Modern day equivalence would be Burma and persecution of Rohingyas, or Palestine and persecution of Muslims there or Angola and their reported banning of Islam etc.
Dar Al-Ahd
This is the land which was at war with Muslims but has entered into a peace treaty with Dar Al-Islam. Proof of this is the treaty of Hudaibiyya with the Mekkans and Muslim sanctuary in Mekka after the treaty.
Dar Al-Amn
Land where Muslims are allowed to practice their religion peacefully but have no jurisdiction to implement the law by themselves. Proof of this is the Muslim sanctuary at Ethiopian king who was Christian. Modern equivalence is Iraqis, Afghanis or Palestinians getting sanctuary in Scandinavian countries or East Asian countries.
Conclusion
It is essential that these division remain, or else Islamic law will lose proper context relating to pinpointing jurisdictional issues. For example, without knowing Dar Al-Harb Jihad cannot be declared and likely it is declared against Dar Al-Amn or Dar Al-Islam. Studying legal framework, constitution and legal system will help us understand which is what inshallah. The classical jurists were not stupid in introducing these important concepts, nor they said it was meant for some time. For example, we see in the Fatwa of Imam Ramli relating to the place called Aragon in Andalusia, he really needed to figure out what this place was-whether Dar Al-Amn or Dar Al-Islam. He did not say the classification do not apply here like many modernists or so called Islamic political thinkers do. The introduction of United Nations does not change a bit these classifications but rather enhances it because UN accommodates war, peace, treaties and faith. UN does not interfere with political and territorial sovereignty of any state. It is true classical jurists disputed among themselves regarding delimitation of concepts of those houses, but it was from legal technicalities. They never refuted the basis of these concepts, nor should we.
