People
are always tempted to divide people into us and
them, the in-group and the other, our
civilization and those barbarians. Scholars have
analyzed the world in terms of the Orient and
the Occident, North and South, center and
periphery. Muslims have traditionally divided
the world into Dar al-Islam and Dar
al-Harb, the abode of peace and the abode of
war.[1]
Huntington
identified this concept as Muslim tradition.
Others, particularly Christian missionaries and
polemics, however, have identified this concept
as theological. An uninformed Westerner views
this classification as a form of discrimination
against those that have different beliefs. Even
among common Muslims, several controversial
opinions arise due to different understandings
of what the terms Dar Al-Islam and Dar
Al-Harb mean.
Surprisingly,
Islamic terminology is full of many other
classifications: Dar Al-‘Ahd (Abode of
Covenant), Dar Al-Sulh (Abode of Truce), Dar
Al-Maslubah (Abode of Pillaged Land), Dar
Al-Bid’ah (Abode of Heresy), Dar Al-Baghy
(Abode of Usurpation), Dar Al-‘Adl
(Abode of Justice), Dar al-Kufr (Abode of
Unbelief), et. al. Yet, Western attention
prefer to rather focus on the term Dar Al-Harb
(Abode of War).
Definition
According
to Prof. Muhammad Ishaq Zahid, founder of the
Sabr Foundation, and the creator of
Islam101.Com, in The Glossary of Islamic
Terms, we have:
Dar
al-Harb
Dar
al-Harb (Domain of War) refers to the
territory under the hegemony of unbelievers,
which is on terms of active or potential
belligerency with the Domain of Islam, and
presumably hostile to the Muslims living in
its domain.[2]
To understand
the classification, it is necessary to
understand the sources of the concept. To do
this, we need to touch upon the sources of
Islam.
Understanding
The Sources
In
his book, Fundamentals of Islam, Sayyid
Abul A'la Al-Mawdudi classifies Islam as Din
(faith) and Shari’ah (Islamic law). The
sources of Shari’ah are: the Holy Quran
and the Hadith.[3]
Al-Mawdudi then describes these sources, saying:
The
Qur'an is a divine revelation - each and every
word of it is from Allah. The Hadith is a
collection of the instructions issued or the
memoirs of the last Prophet's conduct and
behaviour, as preserved by those who were
present in his company or those to whom these
were handed down by the first witnesses. These
were later sifted and collected by divines and
compiled in the form of books among which the
collections made by Malik, Bukhari, Muslim,
Tirmidhi, Abu Dawud, Nasa'i and Ibn Majah are
considered to be the most authentic.[3]
Derived
from the Shari’ah is Fiqh (Islamic
jurisprudence), defined by Al-Mawdudi as
Detailed
law derived from the Qur'an and the Hadith
covering the myriad of problems that arise in
the course of man's life...[3]
Throughout
time, several religious scholars and legislators
have devoted their lives to the science of Fiqh,
but four Madhaheb (schools of thought)
persist till today:
- “Fiqh
Hanafi: This is the Fiqh compiled by
Abu Hanifa Nu'man bin Thabit with the
assistance and cooperation of Abu Yusuf
Mahammad, Zufar and others, all of whom had
high religious attainments to their credit.
This is known as the Hanafi School of Fiqh.
- Fiqh
Maliki:
This Fiqh was derived by Malik bin Anas
Asbahi.
- Fiqh
Shafi'i:
Founded by Muhammad bin Idris al-Shafi'i.
- Fiqh
Hanbali:
Founded by Ahmad bin Hanbal.”[3]
According
to Shaikh (scholar) Abdul-Aziz Bin Baz, former
Grand Mufti and Chief Cleric of Saudi Arabia,
the Maliki and Hanafi Madhaheb
were introduced and widely spread in the 2nd
Century Hijri (Islamic lunar calendar,
started 622 AD). The Shafi’i and Hanbali
Madhaheb were introduced and spread in the 3rd
Century Hijri.[4]
In
a program on Al-Jazeera Channel, Al-Shari’ah
Wal-Hayah (Islamic Law and Life), dated
Sunday May 9th 1999, Shaikh (scholar)
Yusuf Al-Qaradawi noted that the concept of Dar
Al-Harb (Abode of War) was introduced in the
Fiqh Hanafi. Al-Imam (the legislator and
scholar) Abu Hanifa divided the Muslim role into
two categories: Dar Al-Islam (Abode of
Islam) and Dar Al-Harb (Abode of War). He
would refer to any non-Muslim domain as Dar
Al-Kufr (Abode of Unbelief) or Dar Al-Harb
even if there is no current war between them and
the Muslims.[5]
According to him a country or a territory
becomes a Dar Al-Islam if:
(a)
The Muslims must be able to enjoy peace
and security; and
(b)
It has common frontiers with some
Muslim countries (other Dar Al-Islam) [6]
However,
the concept of Dar Al-Harb and Dar
Al-Islam are not explained in the Qur'an or Sunnah
(tradition of the Holy Prophet (P)),
says the majority of scholars. It is, in fact, a
result of Ijtihad (religious endeavour),
which is a terminology used to describe
religious endeavour to exercise personal
judgement based on the Qur'an and the Sunnah.[2]
Historical
Conditions
It
is indispensable to view the historical
environment of the time, and of the centuries
that followed the spread of this classification
concept. In an article, titled, “Muslims as
Co-Citizens of the West… Rights, Duties &
Prospects”, Murad Wildfried Hofmann says:
Due
to its structural tolerance vis-à-vis
‘peoples of the book’, the Muslim world
has always been multireligious. Islam expanded
into formerly Christian territories-the Near
East, North Africa, Spain, Byzantium, the
Balkans-without eliminating the Christian
communities. Nowhere is this more evident than
in Cairo, Damascus, and Istanbul, and in
countries like Greece and Serbia. This
situation was facilitated by the fact that the
Qur'an contains what may be called an
‘Islamic Christology’. Coexistence with
the large Jewish populations within the Muslim
empire-aside from the Near East in Muslim
Spain, and subsequently in North Africa and
the Ottoman Empire-was facilitated, in turn,
by the extraordinary focus of the Qur'an on
Jewish prophets in general and Moses in
particular. On this basis, Islamic
jurisprudence developed the world's first
liberal law called al-siyar for the
status of religious minorities (al-dhimmi).
In the Western world, developments were
entirely different. Here, religious
intolerance became endemic, even between
Christian churches; many sects were outlawed
(as during the first Ecumenical Council in
Nicaea, in 325), massacred (e.g., the
Donatists in North Africa in the 5th century
and the Albigenses and Cathari in the
thirteenth century), subdued as victims of a
‘crusade’ (Constantinople in 1205), or
deserted (like Orthodox East Rome during the
siege by Sultan Fatih in 1453). In Germany, a
war lasting thirty years between Protestant
and Catholic princes decimated the population
(1618-1648).
Under
these circumstances and fuelled by the Church
dictum extra ecclesia nullum salus (no
salvation outside the church), even minimal
tolerance of Muslims could not be expected.
The expulsion of both Muslims and Jews from
Spain in the sixteenth century-the first case
of ‘ethnic cleansing’ in modern
history-made Europe virtually
‘Muslim-free.’ There was interaction
between the two camps-trade, scientific
penetration, diplomatic missions-but no living
Muslim presence in the Occident until the
twentieth century.[6]
With
this historical perspective in light, it was
deemed vital that concepts of distinction
between safe and unsafe, Islamic and non-Islamic
be pertained. Based on the universality of the
Islamic belief, that Muhammad(P)
was sent to the whole World:
“We
sent thee not, but as a Mercy for all
creatures.”
--
21. Al–Anbiya’: 107 (Abdullah Yusuf Ali).
Based
on the firm belief of enjoying the right to
exercise one’s own religion anywhere, without
compulsion:
"Let
there be no compulsion in religion: Truth stands
out clear from Error: whoever rejects evil and
believes in God hath grasped the most
trustworthy hand-hold, that never breaks. And
God heareth and knoweth all things."
--
2. Al-Baqarah: 256 (Abdullah Yusuf Ali).
Hence,
the vitality and necessity of having clearly
defined labels that would ensure the protection
and uplifting of the Muslim Ummah (nation).
However, pertaining to Ijtihad (religious
endeavour), there is no holiness or Divinity to
the classification. The social, economic, and
environmental circumstances of the time and
location create certain needs that arise and
need be fulfilled. That is why the door to Ijtihad
(religious endeavour) is always open in Islam.
Speaking of the four Madhaheb, Al-Mawdudi says:
All
of these were given their final form within
two hundred years of the time of the Prophet.
The differences that appear in the four
schools are but the natural outcome of the
fact that truth is many-sided. When different
persons employ themselves in interpreting a
given event, they come out with different
explanations according to their own lights.
What gives these various schools of thought
the authenticity that is associated with them
is the unimpeachable integrity of their
respective founders and the authenticity of
the method they adopted.[3]
Times
Have Changed
As a result of
elapsed time, social, economic and environmental
circumstances have changed, especially in the
last century. With that in mind, Murad Wildfried
Hofmann says:
Under
these conditions, contemporary Muslims may
well pose themselves the question already
posed in Spain 500 years ago, i.e., Is it
permissible for a Muslim to take up residence
in what has been labelled Dar al-Harb or
Dar al-Kufr? This question was discussed
in considerable depth when Spanish Muslims,
overrun by the Reconquista, chose to stay, and
even before this event, because the Prophet
sent a group of Makkan Muslims to Christian
Ethiopia (615-622). Some of the 'ulama
[scholars], including Imam Abu Hanifa,
disapproved of permanent Muslim residence in
non-Muslim territory. Imam Shafi'i, on the
other hand, believed that Muslims could stay
behind in former Muslim lands, provided that
they could practice Islam and were not subject
to Christian missionary efforts. In contrast
to that, already in the eighth century, Imam
Jafar al-Sadiq underlined that Muslims might
serve Islam better when living among
non-Muslims than when living only with
Muslims. Al-Mawardi concurred with this
opinion in the eleventh century. Later on the
Hanifa madhhab became even more
liberal. It accepted the idea that there might
be pockets of dar al-Islam inside
non-Muslim territories; in addition, they were
ready to exempt emigrant Muslims from
observing certain parts of the shari'ah if
this seemed necessary because of ikrah
(compulsion), durura (hardship), or
maslaha (benefit).[6]
Today’s
Classification
Today,
majority of Islamic scholars agree upon a
classification into three. Shaikh Yusuf Al-Qaradawi
says, on Al-Shari’ah Wal-Hayah (Islamic
Law and Life), Al-Jazeera Channel, dated Tuesday
February 6th 2001, these three
categories are:
- Dar
Al-Islam:
The abode of Islam, the Muslim nation.
- Dar
Al-Harb:
The abode of war, those that have declared
war against the Muslim nation.
- Dar
Al-‘Ahd:
The abode of covenant, the countries that
have diplomatic agreements and covenants
with the Muslim nation.[5]
The
concept of Dar Al-‘Ahd (Abode of
Covenant) is obtained from the judicial rulings
of manslaughter, as outlined in the Quran:
“Never
should a believer kill a believer; but (If it so
happens) by mistake, (Compensation is due): If
one (so) kills a believer, it is ordained that
he should free a believing slave, and pay
compensation to the deceased's family, unless
they remit it freely. If the deceased belonged
to a people at war with you, and he was a
believer, the freeing of a believing slave (Is
enough). If he belonged to a
people with whom ye have treaty of Mutual
alliance, compensation should be paid to
his family, and a believing slave be freed. For
those who find this beyond their means, (is
prescribed) a fast for two months running: by
way of repentance to God: for God hath all
knowledge and all wisdom.”
--
3. Al-Nisa’: 92 (Abdullah Yusuf Ali).
The
indication is in the words “…a
people with whom ye have treaty of Mutual
alliance…” In fact, Allah
commands us to ordain to the covenant that was
agreed upon with the disbelievers:
“(But
the treaties are) not dissolved with those
Pagans with whom ye have entered into alliance
and who have not subsequently failed you in
aught, nor aided any one against you. So fulfil
your engagements with them to the end of their
term: for God loveth the righteous.”
--
9. Al-Tawba: 4 (Abdullah Yusuf Ali).
“…
As long as these stand true to you, stand ye
true to them: for God doth love the
righteous.”
--
9. Al-Tawba: 7 (Abdullah Yusuf Ali).
The
concept of the Dar Al-Harb (Abode of War)
gets its indications from the clear line that
was drawn for just and kind treatment:
“[60:1]
O ye who believe! Take not my enemies and yours
as friends (or protectors),- offering them
(your) love, even though they have rejected the
Truth that has come to you, and have (on the
contrary) driven out the Prophet and yourselves
(from your homes), (simply) because ye believe
in God your Lord! …”
“[60:8]
God forbids you not, with regard to those
who fight you not for (your) Faith nor drive you
out of your homes, from dealing kindly and
justly with them: for God loveth those who are
just.
[60:9]
God only forbids you, with regard to those who
fight you for (your) Faith, and drive you out of
your homes, and support (others) in driving you
out, from turning to them (for friendship and
protection). It is such as turn to them (in
these circumstances), that do wrong.”
--
60. Al–Mumtahina: 8, 9 (Abdullah Yusuf Ali).
Conclusion
In
conclusion, it is fair to say that the door of
Ijtihad (religious endeavour) is always
open. The Islamic decrees that are introduced
through Fiqh (Islamic jurisprudence) into
the Shari’ah (Islamic law) are
reflective of the social, economic, and
environmental circumstances of the time. These
circumstances change as time continuously
elapses. Corresponding to the change, the Shari’ah
(Islamic law) is updated as new decrees are
introduced with the appearance of newer issues.
The key condition is compliance with the Qur'an
and Sunnah (tradition of the Holy Prophet(P)).
In this light, the former concept of
classification is updated to include Dar
Al-‘Ahd (Abode of covenant) to include the
other nations that hold covenants and diplomatic
agreements with Dar Al-Islam (Abode of
Islam).
And
God knows best.
References
[1]
Samuel Huntington, The Clash of
Civilizations and the Remaking of World Order,
New York: Simon & Schuster, 1996.
[2]
Muhammad Ishaq Zahid, “Glossary
of Islamic Terms”, [Online Document],
1998, [cited 2002, Apr 27]
[3]
Sayyid Abul A'la Al-Mawdudi,
“Fundamentals
of Islam”, [Online Document], [cited 2002,
Apr 27]
[4]
http://www.ibnbaz.org.sa
(Arabic Source)
[5]
http://www.qaradawi.net
(Arabic Source)
[6]
Murad Wilfried Hofmann, “Muslims
As Co-Citizens of the West . . . Rights, Duties,
& Prospects” [Online
Document], [cited 2002, Apr 27]
