Q. Define and distinguish between darul-Islam and Darul-Harb or Write note on Darul Islam and Hab.
1. Introduction
Under the Islamic international law, the world is divided into two parts viz Darul-Islam and Darul-Harb. The division made by Muslims jurists is of great importance because the relations of the Muslims towards the Non-Muslims are mainly determined on the basis whether are country or state of the latter is to be regarded as Darul-Islam or Darul-Harb.
2. Meaning and definition of Darul-Islam and Darul-Harb
(I) Meaning
Darul-Islam means territory of safety. Darul-Harb meansterritory of war.
(II) Definition
(i) Darul-Islam
“A territory governed by Muslim ruler according to the laws ofIslamic religion is darul-Islam.
(ii) Darul-Harb
A territory under a non-Muslim Government in which a Muhammadan cannot live with personal security and freedom to perform his religious duties is Darul-Harb.
Under the Islamic international law, the world is divided into two parts viz Darul-Islam and Darul-Harb. The division made by Muslims jurists is of great importance because the relations of the Muslims towards the Non-Muslims are mainly determined on the basis whether are country or state of the latter is to be regarded as Darul-Islam or Darul-Harb.
2. Meaning and definition of Darul-Islam and Darul-Harb
(I) Meaning
Darul-Islam means territory of safety. Darul-Harb meansterritory of war.
(II) Definition
(i) Darul-Islam
“A territory governed by Muslim ruler according to the laws ofIslamic religion is darul-Islam.
(ii) Darul-Harb
A territory under a non-Muslim Government in which a Muhammadan cannot live with personal security and freedom to perform his religious duties is Darul-Harb.
1. Object
of division
The object of the division made
by Muslim jurists is that the Islam is a universal religion and not specified
for particularterritory. As Quran says:
“To Allah belongs the sovereignty of the heaven and the earth.”
So it should be endeavoured by the Muslims that the Islamiclaws should be enforced in every territory.
4. Features of Darul-Islam
Following are the features of Darul-Islam.
(i) It is that territory of Darul-Islam.
(ii) Islamic laws enforced there.
(iii) Muslims are free to exercise their religious duties.
(iv) Friday and Eid prayers are regularly religious duties.
5. Features of Darul-Harb.
Following are the features of Darul-Harb.
(i) It is ruled by non-Muslim rular.
(ii) Islamic law not enforced there.
(iii) Muslim community does not live with freedom.
(iv) Friday and Eid prayers are not held.
6. Conversion of Darul-Islam into Darul-Harb.
A Darul-Isalm, if conquered by the non-Muslims or the dhimmees rising against the Muslims or the dhimmees rising against the Muslim Government, may turn into Darul-Harb if following conditions are fulfilled.
(i) The laws and regulations of the non-Muslims enforced there.
(ii) It should be surrounded by other countries answering the description of Darul-Harb without any country of the description of Darul-Islam being contiguous to it.
(iii) No Muslim or Dhimmi can live there in the same security as under the previous Muslim Govt.
(I) Duty of Muslims
If a Darul-Islam is turned into Darul-Harb, then it is a duty of the Muslim prisoners to oppose and fight with them in every possible way.
7. Conversion of Darul-Harb into Darul-Islam
A Darul-harb may becomes Darul-Islam if the ordinances of Islam may validly be promulgated there.
8. Test to determine Darul Harb or Darul-Islam.
One of the test, as to whether a country should be treated as a Darul-harb or Darul-Islam is whether congregational prayersduring Fridays and Eids are held in the country or not, and these prayers can be held where the Governor or the Qadi has power to enforce Islamic laws specially laws relating hadd and retaliation.
9. Distinguish between Darul Islam and Darul Hab
I. As to fundamental rights
(i) In Darul Islam Muslims have fully fundamental rights.
(ii) In Darul Harb Muslims have not fundamental rights.
II. As to Islamic laws
In Darul Islam Islamic laws are enforced. In Darul Harb there is no enforcement of Islamic laws.
III. As to rule
(i) Darul Islam is ruled by Muslim ruler.
(ii) Darul Harb is ruled by non-Muslim.
IV. As to performance of religious duties
(i) In Darual Islam Muslims are their religious duties as well as performance of Eid and Friday prayers.
(ii) In Darul Harb Muslims cannot perform religious duties and not offer their and Friday prayers.
10. Conclusion
To conclude, I can say, that the division of world into two parts is important for various reasons. The Darul-Islam in theory was in a state of war with the Darul-harb because the ultimate object of Islam was the whole world and a darul-Islam can declare a war against a darul-harb for the protection of the religion.
“To Allah belongs the sovereignty of the heaven and the earth.”
So it should be endeavoured by the Muslims that the Islamiclaws should be enforced in every territory.
4. Features of Darul-Islam
Following are the features of Darul-Islam.
(i) It is that territory of Darul-Islam.
(ii) Islamic laws enforced there.
(iii) Muslims are free to exercise their religious duties.
(iv) Friday and Eid prayers are regularly religious duties.
5. Features of Darul-Harb.
Following are the features of Darul-Harb.
(i) It is ruled by non-Muslim rular.
(ii) Islamic law not enforced there.
(iii) Muslim community does not live with freedom.
(iv) Friday and Eid prayers are not held.
6. Conversion of Darul-Islam into Darul-Harb.
A Darul-Isalm, if conquered by the non-Muslims or the dhimmees rising against the Muslims or the dhimmees rising against the Muslim Government, may turn into Darul-Harb if following conditions are fulfilled.
(i) The laws and regulations of the non-Muslims enforced there.
(ii) It should be surrounded by other countries answering the description of Darul-Harb without any country of the description of Darul-Islam being contiguous to it.
(iii) No Muslim or Dhimmi can live there in the same security as under the previous Muslim Govt.
(I) Duty of Muslims
If a Darul-Islam is turned into Darul-Harb, then it is a duty of the Muslim prisoners to oppose and fight with them in every possible way.
7. Conversion of Darul-Harb into Darul-Islam
A Darul-harb may becomes Darul-Islam if the ordinances of Islam may validly be promulgated there.
8. Test to determine Darul Harb or Darul-Islam.
One of the test, as to whether a country should be treated as a Darul-harb or Darul-Islam is whether congregational prayersduring Fridays and Eids are held in the country or not, and these prayers can be held where the Governor or the Qadi has power to enforce Islamic laws specially laws relating hadd and retaliation.
9. Distinguish between Darul Islam and Darul Hab
I. As to fundamental rights
(i) In Darul Islam Muslims have fully fundamental rights.
(ii) In Darul Harb Muslims have not fundamental rights.
II. As to Islamic laws
In Darul Islam Islamic laws are enforced. In Darul Harb there is no enforcement of Islamic laws.
III. As to rule
(i) Darul Islam is ruled by Muslim ruler.
(ii) Darul Harb is ruled by non-Muslim.
IV. As to performance of religious duties
(i) In Darual Islam Muslims are their religious duties as well as performance of Eid and Friday prayers.
(ii) In Darul Harb Muslims cannot perform religious duties and not offer their and Friday prayers.
10. Conclusion
To conclude, I can say, that the division of world into two parts is important for various reasons. The Darul-Islam in theory was in a state of war with the Darul-harb because the ultimate object of Islam was the whole world and a darul-Islam can declare a war against a darul-harb for the protection of the religion.
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