India is Dar-ul-Aman: ISIS Narratives of Darul Islam, Darul Kufr and Darul Harb are untenable

WordForPeace.com Edit Desk

Question: Explain the meanings and difference between the concepts thrown around by ISIS propagandists: Darul Tawheed, Darul Aman, Darul Ahad, Darul Kufr and Darul Harb. What laws pertain to Muslims living in each state?

 Answer:

The terms Dar-ul-Islam, Dar-ul-Kufr etc. have not been defined in any Qur’anic verse (aayah) or hadith of Rasulullah (Prophet PBUH). There isn’t a single Aayah or Hadith saying expressedly that the definition of Dar-ul-Islam is . . . and the definition of Dar-ul-Kufr is . . . These terms were derived by the Islamic jurists (fuqahaa) in the light of certain Aayaat and Ahaadith to tackle with the situations in their historical and political context. That being the case, there is some difference of opinion among the fuqahaa with regards to these terms.

Imaam Abu Hanifah (RA) defined Dar-ul-Islam as a ‘country in which Muslims enjoy security while non-Muslims live in fear’. Dar-ul-Kufr is the very opposite. It is a country in which non-Muslims enjoy security and Muslims live in fear.

Considering current political trends in the world, we could conclude that according to Imaam Abu Haneefah (RA), Dar-ul-Islam is a country that has a Muslim majority and which is run by Muslims even though they do not implement Islam or  Shariah law. However, most fuqahaa disagree with Imaam Abu Hanifah’s definition.

Imaam Abu Hanifah’s most prominent students, Imaam Abu Yusuf (RA) and Imaam Muhammad (RA) define Dar-ul-Islam as a country in which Sharia law is implemented.

Darul-Kufr is a country in which laws of the ‘kuffaar’ are implemented instead of the Shariah law, as viewed by the ISIS propagandists.

According to the interpretation of many Islamic jurists, Dar-ul-Harb is the same as Dar-ul-Kufr. However, because Dar-ul-Kufr is most often at war with Dar-ul-Islam, it is also called Dar-ul-Harb. (Harb means war.)

The earlier Islamic jurists (fuqahaa) only spoke of these two types of countries. However, because these definitions are not expressedly mentioned in Qu’aan and Hadith, latter-day fuqahaa added a third type of country based on circumstances that were not prevalent in the time of the earlier fuqahaa.

Although latter-day fuqaha do not mean that they lived in the past hundred or two hundred centuries. Among the earliest fuqahaa who discussed the concept of a third kind of Dar (Dar-ul-Aman i.e. abode of Peace) is Imaam Sarakhsi, a fourth generation hanafi scholar of Islamic jurisprudence (fiqh). Hence, he is latter-day in contrast to the early masters of fiqh like Imaam Abu Hanifah (RA) etc. This, the third type of country or state in Islamic theological view is Dar-ul-Aman.

Dar-ul-Aman is a non-Muslim country where the government allows Muslims to practice their religion without any fear. The concept of Dar-ul-Aman is based on the condition of Habshah (Abyssinia) and the Sahaabah (Prophet’s companions) who lived there during the time of first hijrah from Makka to Habsha.

In Dar-ul-Aman, the freedom Muslims enjoy in practising their religion is at governmental level. Hence, the status of Dar-ul-Aman will not be affected if the non-Muslim actors from other Faith’s or non-Muslim members of the public attack or persecute Muslims for practising their religion (provided such atrocities are not sanctioned by the government).

Having said that, it follows that most countries in the world presently could be classified as Dar-ul-Aman. Our country, too, is the largest democratic nation state and a secular country based on the Constitution which ensures completely freedom to profess, practice and preach a religious tradition. It has no state religion or official faith creed, but it guarantees religious freedom for everybody including Muslims and, irrefutably, Muslims in india practise Islam freely. Hence, going by this Islamic postulate, india is a Dar-ul-Aman in the purely theological view of the point.

Reference:

http://www.wordforpeace.com/india-is-dar-ul-aman-isis-narratives-of-darul-islam-darul-kufr-and-darul-harb-are-untenable/

Dar kufr dār islām

 Dar kufr dār islām

Sl. No.	Khawārij tweet	Counter tweet
1	The West is dār al-kufr and we have an obligation to strike and attack them	God does not forbid you regarding those who do not wage war against you on account of religion …that you should treat them kindly (60:8)
2	One must make hijra from dār al-kufr to dār-al-islam	The Prophet  Muhammad ﷺ never asked the Companions to leave Abyssinia and make hijra to Madina
3	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	Only established nations can declare war, not individuals. Jihād is a tool only of the state.
4	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	Scholars mentioned these terms for their historical background. Extremists misperceived this and consider the abode of war every country where Sharia is not enforced
5	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	This classification made by jurists was not intended to exclude Muslims living in non-Muslim lands from Islam
6	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	It is a classification that serves as a basis for rulings to be implemented, like the classification of the earth into political territories.
7	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	The objective of this classification is to apply Sharia rulings for non-Muslims based upon whether they are inside or outside their homeland
8	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	Ibn Qayyim says in Ahkam Ahl al-Dhimma that if an infant is found in an Islamic territory it is a Muslim, if it is found in a non-Muslim territory it is non-Muslim
9	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	Shafi’ is say that if an infant is found in a territory where the majority are non-Muslim it is deemed a Muslim. It may be concealing its faith
10	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	Takfīr on the basis of land of residence relies on one piece of evidence giving a false notion that takfīr is the only ruling on this issue
11	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	If the ruler is a Muslim, the state is an Islamic state. If the ruler is a non-Muslim, the state is a non-Islamic state.
12	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	Ibn Hazm says, “Whether a territory is Islamic or non-Islamic depends on the majority of its people’s faith and its ruler.
13	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	An abode of Islam may turn into an abode of disbelief only with clear signs of disbelief.
14	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	Al-Kasani says, “What is meant by the word “dar” with “Islam” and “kufr” is state of security or insecurity
15	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	Al-Kasani says juristic rulings are not based on Islam or kufr, but on the security or insecurity.
16	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	the criterion of determining whether a specific land is an abode of Islam or kufr is application of Islamic rulings.
17	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	Ibn Qayyim says, “This is the opinion held by the majority of scholars”
18	Dār al-kufr means jihād is obligatory on everyone. We must attack these places.	It is clear that jurists made their opinions according to fiqh alma'alāt (fiqh which considers the outcomes of actions).
19	The Prophet  Muhammad ﷺ said, “Any Muslim who stays among the polytheists, does not belong to me.” Abu Dawud & Tirmidhi	This hadith is weak according to scholars of Hadith
20	The Prophet  Muhammad ﷺ said, “Any Muslim who stays among the polytheists, does not belong to me.” Abu Dawud & Tirmidhi	Not applicable to the Muslims who reside in peace in non-Muslim countries
21	The Prophet  Muhammad ﷺ said, “Any Muslim who stays among the polytheists, does not belong to me.” Abu Dawud & Tirmidhi	There are many needs for staying in these countries: learning, medical care, working, trading, teaching Islam.
22	The Prophet  Muhammad ﷺ said, “Any Muslim who stays among the polytheists, does not belong to me.” Abu Dawud & Tirmidhi	Abrogated by: “There is no emigration after the conquest, only Jihad and good intentions. So if you are summoned to fight, go forth.”  Bukhari
23	The Prophet  Muhammad ﷺ said, “Any Muslim who stays among the polytheists, does not belong to me.” Abu Dawud & Tirmidhi	Muslim scholars elaborated on the excellence of residing in non-Muslim countries since this may lead to guiding a non-Muslim to Islam.
24	115 The Prophet  Muhammad ﷺ said, “Any Muslim who stays among the polytheists, does not belong to me.” Abu Dawud & Tirmidhi	The situation today is different as Muslims can freely perform their religious rituals.