Conditions of Dar Al-Harb and Dar Al-Kufr


Question:

What are the necessary conditions of Dar-ul-Harb (enemy territory/non-believers’ country)?

Answer:

The countries whose rulers and those in power uphold the limits set by Allah (Exalted be He) in their judgments and rule their subjects accordingly where people can act in accordance with the Shari’ah are considered Muslim lands. Muslims must obey their rulers as long as they command what is good, be sincere to them, help them to run the affairs of the state and support them with great scientific and practical power. People should live there and should not leave except to another Islamic place which is in a better social status such as Madinah after the Prophet’s migration and establishing the Islamic state there. Similarly, Makkah after the Opening, where Muslims assumed power and ruled it as a Muslim country after it had been Dar-ul-Harb (enemy territory) from which able Muslims should flee.

The countries whose rulers and those in power do not hold the limits set by Allah (Exalted be He) and do not refer to Shari’ah in their judgments and where Muslims can not fulfill the obligations of Islam because it is Dar-ul-Kufr (Non-Muslim state) such as Makkah before the Opening, it was Dar-ul-Kufr. Likewise, are the countries whose people call themselves Muslims and where people in authority govern with laws other than the laws of Allah, and Muslims are not able to establish the obligations of Islam. They have to migrate from these lands to another place in order to escape from trials with their religion, to a land that is ruled by Islam where they are able to fulfill the Islamic obligations. Any man, woman or child who is unable to migrate will be excused and Muslims are obliged to save them and bring them to Muslim lands.

Allah (Exalted be He) says: “Verily! As for those whom the angels take (in death) while they are wronging themselves (as they stayed among the disbelievers even though emigration was obligatory for them), they (angels) say (to them): “In what (condition) were you?” They reply: “We were weak and oppressed on the earth.” They (angels) say: “Was not the earth of Allâh spacious enough for you to emigrate therein?” Such men will find their abode in Hell - What an evil destination! Except the weak ones among men, women and children who cannot devise a plan, nor are they able to direct their way. These are they whom Allâh is likely to forgive them, and Allâh is Ever Oft-Pardoning, Oft-Forgiving.” [al-Nisa: 97-98]

And Allah says: “And what is wrong with you that you fight not in the Cause of Allâh, and for those weak, ill-treated and oppressed among men, women, and children, whose cry is: “Our Lord! Rescue us from this town whose people are oppressors; and raise for us from You one who will protect, and raise for us from You one who will help.”” [al-Nisa: 75]

But whoever is able to establish the obligatory acts of Islam there and able to establish the proofs against the rulers and the people in authority, to bring about reform, making them change their course, he may stay there because there is hope that he may advise them (regarding the Shari’ah) and bring about reform as long as he is safe from trials.

  • Estimated Reading Time
    3 min read
  • Source :
    Fatawa Al-Lajnah Al-Da'imah, Fatwa no. 2635, Question 1
  • Fatwas   Hijrah
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