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{{Short description|Islamic demarcation of Muslim and non-Muslim lands}}
{{Islam}}
In classical [[Islamic law]], there are three major '''divisions of the world''' which are ''dar al-Islam'' (lit. territory of Islam), denoting regions where Islamic law prevails,<ref name="ODI-Islam">[https://web.archive.org/web/20121213060209/http://www.oxfordislamicstudies.com/article/opr/t125/e491 Dar al-Islam] The Oxford Dictionary of Islam</ref> ''dar al-sulh'' (lit. territory of treaty) denoting non-Islamic lands which are at peace or have an armistice with a Muslim government,<ref name="ODI-sulh">[https://web.archive.org/web/20100527104027/http://www.oxfordislamicstudies.com/article/opr/t125/e496 Dar al-Sulh] The Oxford Dictionary of Islam</ref> and ''dar al-harb'' (lit. territory of war), denoting lands that share a border with ''dar al-Islam'' and have not concluded an armistice.<ref name=ODI-harb>[https://web.archive.org/web/20100527092824/http://www.oxfordislamicstudies.com/article/opr/t125/e490 "Dar al-Harb"], ''The Oxford Dictionary of Islam''</ref> Muslims regard Islam as a universal religion and believe it to be the rightful law for all humankind. Despite this, other religious groups are permitted to have their own courts of law under Islamic rule.<ref>{{Cite web |title=Religious Minorities Under Muslim Rule |url=https://yaqeeninstitute.org/read/paper/religious-minorities-under-muslim-rule |access-date=2024-08-01 |website=Yaqeen Institute for Islamic Research
The Arabic singular form ''dar'' ({{lang|ar|[[wikt:دار#Arabic|دار]]}}), translated literally, may mean "house", "abode", "structure", "place", "land", or "country". In [[Fiqh|Islamic jurisprudence]] it often refers to a part of the world. The notions of "houses" or "divisions" of the world in [[Islam]] such as ''dar al-Islam'' and ''dar al-harb'' does not appear in the [[Quran]] or the [[hadith]].<ref name=Abdel-Haleem2010>{{cite book|last1=Abdel-Haleem|first1=Muhammad|author-link=Muhammad Abdel-Haleem|title=Understanding the Qur'ān: Themes and Style|url=https://archive.org/details/understandingqur00hale|url-access=limited|date=8 Sep 2010|publisher=I. B. Tauris & Co Ltd|isbn=978-1845117894|page=[https://archive.org/details/understandingqur00hale/page/n76 68]}}</ref> According to [[Khaled Abou El Fadl|Abou El Fadl]], the only ''dar''s the Quran speaks of are "the abode of the Hereafter and the abode of the earthly life, with the former described as clearly superior to the latter".<ref name = kaef2007>{{cite book|last1=Abou El Fadl|first1=Khaled|author-link=Khaled Abou El Fadl|title=The Great Theft: Wrestling Islam from the Extremists|date=January 23, 2007|publisher=HarperOne|isbn=978-0061189036|page=227}}</ref>
Early Islamic jurists devised these terms to denote legal rulings for ongoing [[Early Muslim conquests|Muslim conquests]] almost a century after [[Muhammad]]. The first use of the terms was in Iraq by [[Abu Hanifa]] and his disciples [[Abu Yusuf]] and [[Al-Shaybani]]. Among those in the [[Levant]], [[Al-Awza'i]] was leading in this discipline and later [[Al-Shafi'i]].
The concept of ''dar al-harb'' has been affected by historical changes such as the political fragmentation of the Muslim world.<ref name="ODI-harb"
==Early Islamic religious divisions==
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{{Main|Muslim world}}'''''Dar al-Islam''''' ({{lang-ar|دار الإسلام}} literally ''house/abode of Islam'' or '''''dar al-Tawhid''''', ''house/abode of monotheism'') was a term used by Muslim [[ulama|scholars]] to refer to those countries under Muslim sovereignty, sometimes considered "the home of Islam"<ref>{{cite encyclopedia |url=http://www.mideastweb.org/Middle-East-Encyclopedia/dar-al-islam.htm |title=Dar al Islam |encyclopedia=Encyclopedia of the Middle East |access-date=2 August 2019}}</ref> or ''[[Pax Islamica]]''.{{sfn|Khadduri|1966|p=11}} ''Dar al-Islam'' meaning "house/abode of Islam" is also referred to as ''dar al-salam'' or "house/abode of peace". In the Quran (10.25 and 6.127) this term refers to [[Jannah|Paradise]] in Heaven.<ref>{{cite encyclopedia |encyclopedia=[[The Encyclopaedia of Islam]] |publisher=[[Brill (publisher)|Brill]] |location=Leiden |volume=2 |page=128 |first=T. W. |last=Arnold |author-link=T. W. Arnold |url=https://archive.org/details/in.ernet.dli.2015.529972/page/n137 |title=Gagauzes – Gakhar |year=1927}}</ref>
Dar al-Islam consisted of Muslims and non-Muslims, with the latter living as ''[[dhimmi]]s'' (protected persons). The non-Muslims had the right to their own law and religion in exchange for paying the [[jizya]].{{sfn|Khadduri|1966|p=11}} While Muslims enjoyed full civil rights, non-Muslims were given partial civil rights. However, both Muslims and non-Muslims were equal in their claim to security and being protected from attack.{{sfn|Khadduri|1966|p=11}} For example, if an enemy seized dar al-Islam's citizens, the state was obliged to free them, whether they were Muslim or non-Muslim.{{sfn|Fadel|2009|p=534}}
Likewise, in foreign affairs, the Muslim government represented both its Muslim and non-Muslim citizens.{{sfn|Khadduri|1966|p=11}} Relations between Muslims and non-Muslims were regulated by "constitutional charters" (special agreements issued by the authorities), and these agreements recognized the personal law of each non-Muslim community (the Jewish community, Christian community etc).{{sfn|Khadduri|1966|p=11–12}} Non-Muslims could access Islamic courts if they wished.{{sfn|Khadduri|1966|p=12}}
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This designation can be found in the Quran, where Muslims are directed on how they should act in war:
{{
===Dar al-harb===
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The purpose behind differentiating between dar al-Islam and dar al-harb was to identify the land as either one of safety for the Muslims or of fear. So, if Muslims are generally safe in a land and not in fear, then it cannot be classified as dar al-harb.<ref>{{Cite web|title=Fatwas by Mufti Ebrahim Desai » Askimam|url=http://askimam.org/public/question_detail/33637|access-date=2021-09-09|website=askimam.org}}</ref>
During [[European colonization]], the status of colonized territories such as [[British India]] was debated, with some saying that it was ''dar al-harb''. However, there was no suggestion that Muslims were therefore required to wage jihad against the colonizers.<ref name="ODI-Islam"
Under the classical doctrine, it was the duty of Muslim rulers to bring dar al-harb under Islamic sovereignty.{{sfn|Khadduri|1966|p=12}} A state of war was presumed between dar al-harb and dar al-Islam, but this did not necessarily imply that hostilities must occur.{{sfn|Khadduri|1966|p=14}} It was up to the ruler to decide when, where and against whom to wage war.<ref name=johnson/> So in practice there was often peace between dar al-Islam and dar al-harb; formal armistices could last up to 10 years, while informal peace could last much longer than 10 years.<ref name=johnson>{{cite book|author=James Turner Johnson|title=Holy War Idea in Western and Islamic Traditions|publisher=[[Pennsylvania State University Press]]|page=63}}</ref>
During periods of a formal peace treaty with a territory in dar al-harb, it was immune from attack by Muslims, and its inhabitants (called ''harbi'') could enter Muslim lands unmolested.{{sfn|Khadduri|1966|p=17-18}} In the absence of a peace treaty, a ''harbi'' could also enter Muslim lands safely if that '''harbi'' first obtained an [[Aman (Islam)|''aman'']] (assurance of protection). It was through such ''aman'' that trade and cultural exchange was conducted between dar al-harb and dar al-Islam.{{sfn|Khadduri|1966|p=17-18}} Any adult Muslim resident of dar al-Islam (male or female, free or slave) could grant such ''aman'' to a ''harbi''.{{sfn|Fadel|2009|p=534}} [[Al-Shaybani]] ruled that even non-Muslim residents (dhimmis) could grant aman,<ref>{{cite book|title=Ottoman Law of War and Peace|author=Viorel Panaite|publisher=[[Brill publishers]]|date=2019|page=166}}</ref> while others sources say non-Muslim residents could not grant aman.{{sfn|Fadel|2009|p=534}}
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{{Reflist}}
*{{cite book|title=The Islamic Law of Nations: Shaybani's Siyar|last=Khadduri|first=Majid|author-link=Majid Khadduri|publisher=[[Johns Hopkins University Press]]|year=1966|chapter=Translator's Introduction}}
*{{cite encyclopedia|author-link=Mohammad Fadel|first=Mohammad|last=Fadel|date=2009|title=International Development Law: The Max Planck Encyclopedia of Public International Law|entry=International Law, Regional Developments: Islam|publisher=[[Oxford University Press]]|
==Further reading==
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