Dāru ʾl-Ḥarb (دار الحرب)
Definition and Significance
Dāru ʾl-Ḥarb (دار الحرب), often translated as “the land of warfare,” is a term used in Islamic jurisprudence to describe countries or regions that are not under Islamic rule. Specifically, these areas are not governed by Islamic law and have not established peace treaties with Muslim territories.
Classical Definitions
- Ghiyās̤u ʾl-Lug͟hāt: Defines Dāru ʾl-Ḥarb as “a country belonging to infidels which has not been subdued by Islam.”
- Qāmūs: States it is “a country in which peace has not been proclaimed between Muslims and unbelievers.”
Conversion of Dāru ʾl-Ḥarb to Dāru ʾl-Islām
According to the Fatāwā ʿĀlamgīrī, Dāru ʾl-Ḥarb can become Dāru ʾl-Islām if Islamic edicts are promulgated within the region.
Etymology and Translation
- Etymology: Dāru ʾl-Ḥarb comes from Arabic دار (dār, “house” or “land”) and الحرب (al-ḥarb, “war” or “conflict”).
- Arabic: دار الحرب
- Turkish: Dar-ul Harb
Legal and Historical Context
Redeeming Factors for Status Change
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Abū Ḥanīfah’s Conditions for Dāru ʾl-Islām Contention:
- Edicts of unbelievers are promulgated, and Islamic edicts are suppressed.
- The country must adjoin a Dāru ʾl-Ḥarb without any intervening Muslim country.
- The absence of amān (protection) for Muslims or ẕimmīs (non-Muslims under Muslim protection).
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Yūsuf and Muḥammad’s View: The mere presence of unbelievers’ edicts is sufficient for classification as Dāru ʾl-Ḥarb.
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Raddu ʾl-Mukhtār: A mixture of Islamic and unbelievers’ edicts does not classify a territory as Dāru ʾl-Ḥarb.
South Asian Context
The complex question of whether regions like Hindustān (India) fell under Dāru ʾl-Ḥarb or Dāru ʾl-Islām was debated extensively, particularly during periods of conflict or political instability. Notably, discussions took place to determine the legitimacy of jihad within such contexts.
Scholarly Opinions
- Ḥanafī and Shāfiʿī Muftīs: Believe that if any Islamic observances prevail, the land is Dāru ʾl-Islām.
- Mālikī Muftīs: Hold similar views, asserting that a territory becomes Dāru ʾl-Ḥarb only when significant Islamic injunctions are absent.
- Shīʿah Scholars: Argue that jihad requires specific conditions including the command of a rightful Imām and sufficient preparations for war.
Suggested Books for Further Studies
- Indian Musulmāns by W.W. Hunter: A study of the conditions under which jihad was considered in India during the 19th century.
- Raddu ʾl-Mukhtār: A classical text on Hanafi jurisprudence that discusses various aspects of Islamic law, including the concept of Dāru ʾl-Ḥarb.
- Fatāwā ʿĀlamgīrī: A collection of fatwas that provides insights into the legal definitions and classifications in Islamic jurisprudence.
Takeaways and Conclusion
Dāru ʾl-Ḥarb plays a crucial role in Islamic legal theory, influencing the guidelines for interactions between Muslim and non-Muslim territories. The term underlines the importance of governance, law, and the presence of Islamic edicts in determining a region’s status. The historical and contemporary discussions reflect deeper ideological and legal implications that shape Muslim-Christian and intra-Muslim relations.
Understanding Dāru ʾl-Ḥarb enhances our comprehension of classical Islamic governance models and their practical applications in varied historical and geopolitical contexts.
