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Discussion in 'Hanafi Fiqh' started by Ibn Hadi, Sep 9, 2017.
'Abd-Allah al-Mujaddidi al-Naqshbandi
so any country or place in which muslims enjoy religious freedom no longer remains dar al-harb? does this then mean that most western countries in the world, including canada, usa, uk etc. are no longer dar al-harb but 'dar al-kufr'. so a dar al-harb loses its status as dar al-harb if muslims can freely act upon their religion?
according to the istilah [terminology] of our fuqaha, is dar al-kufr a separate category to dar al-harb? we know there is dar al-harb and dar al-islam, so is dar al-kufr number three according to our fuqaha? if so, a reference would be wonderful.
sadr al-shari'ah in his fatawa amjadiyyah [4/200-201] writes:
dar is of two types: dar al-islam and dar al-harb. if a muslim goes to a dar al-harb with aman, then this dar al-harb is dar al-aman for this particular muslim. similarly, if a harbi kafir were to go to a dar al-islam with aman, then this dar al-islam is dar al-aman for him. so when dar al-aman is said, it is either referring to dar al-islam or dar al-harb. aside from these two, there is no third category [of dar].
wa'Allahu ta'ala a'lam
Just curious to know who compiled this.
There are a lot of rulings that differ with Kāfirs of Dār ul Ĥarb, a few are listed here and compared to Kāfirs living as Dhimmī:
Yes, what you have mentioned is correct. I was just pointing out that even if it is Dar Ul Harb, jihad has conditions.
We have to be careful with this stuff because ignorants and extremists may misinterpret it.
I have heard Mufti Akmal Qadri حفظه الله answer regarding whether or not UK is Dar Ul Harb or not, however Mufti Akhtar Rida Khan Al Qadri حفظه الله states that Uk is Dar Ul Harb.
The issue is, if UK is Dar Ul Harb then as you know a lot of Ahkaam/Rulings are different in comparison to if it isn't Dar Ul Harb.
An example would be Gheebah/Backbiting.
Sadrush Shariah Badruth Tariqah Mufti Amjad Ali A'azami رحمه الله, the author of the famous Hanafi Encyclopedia Bahaar E Shariat, states in Volume 16, Chapter regarding Gheebah that if a Muslim is living in Dar Ul Harb, then it is Lawful for him to do Gheebah regarding the Kafirs due to the fact that a Dhimmi Kafir(one living under Muslim Rule) will be given the same rights as a Muslim, however a Harbi Kafir has no rights therefore if someone does speak ill regarding a Harbi Kafir, it would be permissible as Harbi Kafirs have no rights.
This is an example which shows that it is very important for us to know the correct stance regarding whether or not UK is Dar Ul Harb or not.
I would request all Learned Brothers, including Abu Hassan, Aqdas, Aqib Al Qadri, Noori etc to enlighten us all regarding the aforementioned issue.
I have heard the excellent Mufti Akmal Qadri (of QTV) say that it is Dar Ul Kufr, but not Dar Ul Harb. Because here in the UK, despite the non Muslim government, Muslims still enjoy many religious freedoms. We are allowed to perform the five obligatory prayers, to build mosques, to build schools, to wear our religious clothing, to eat halal meat, and perform other Islamic customs.
My own teachers are Shafi'i from Ash Shaam, they say the UK is indeed Dar Ul Harb, but again this doesn't mean Muslims in it are allowed to wage armed jihad. Anyone who enters the country peacefully (with a visa or becomes a citizen of the country) must (in general, not always) abide by the laws of the country.
Walaikum As Salaam. Definitions of war have changed and so any understanding of this topic must take into account the shift in the way wars are now fought. We now have cyber warfare, we have information warfare, propaganda warfare, proxy warfare where countries employ and arm militias that fight on the ground instead of their donor country backers. This is very important because many countries back different groups around the world without seemingly being at war at all yeet in fact they are. Syria is an excellent example of this.
As Salamu Alaykum
Would request brothers to shed light on this issue.
Would Uk be classed as Dar Ul Harb or not?
Do Ulama have ikhtilaaf regarding the definition of Dar Ul Harb or not?