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ISLAMIC LAW OF WAR AND PEACE

The range of Ideas that inform the Islamic conception of International system.

By
SULAIMAN SAIED TAFIDA
Saiedtafida2000@yahoo.com

Introduction
Like any other state or nation, Islam as a religion has its general conception of
the international system. The Holy Quran clearly states that the aim and purpose of
Islamic state, regardless of being in international system or operating individually, is
the establishment, maintenance and development of those virtues, with which the
Creator of this universe wishes the human life to be adorned and the prevention and
eradication of those evils the presence of which in human life is utterly abhorrent to
God. The state in Islam is not intended for political administration only nor for the
fulfilment through it of the collective will of any particular set of people; rather, Islam
places a high ideal before the state for the achievement of which, it must use all the
means at its disposal. And this purpose is that the qualities of purity, beauty,
goodness, virtue, success and prosperity which God wants to flourish in the life of His
people, should be prompted and evolved. And that all kinds’ of exploitation, injustice
and disorders which are disastrous for the world and detrimental to the life of His
creatures are suppressed and prevented. Simultaneously, by placing this high ideal,
Islam gave a clear outline of its moral system clearly stating the desired virtues and
the undesirable evils. Keeping this outline in view the Islamic state can plan its
welfare program and diplomacy in every age and in any environment.
Against this background, different Islamic states were formed and hence the
conception of international Islamic system.

Categorisation of states in the International system


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Classical jurists had divided the world into dar al-Islam (the abode of peace) and dar
al- harb (the abode of war). Dar al-Islam refers to territories in which Muslims are free
and secure and dar al-harb is the opposite of dar al-Islam, and refers primarily to non-
Muslim territories hostile to Muslims and dangerous to their freedom and security. It
can be said that their division was practical in the circumstances of their time because
the geo-political reality they faced in the early age of Islam from the surrounding
mighty empires, their overall concept of the world could not have been much different
than this bi-polarity. According to Ramadan (1999), the division was necessary for at
least two reasons:
i. By marking out the Islamic territories, the scholars were able to point out what
were the essential conditions making a space or a nation Islamic were, and
what were the rulings determining the political and strategic relations with
other nations or empires.
ii. It allowed them to establish a clear distinction, as regard legal issues, between
the situation of Muslims living inside the Islamic world and those living
abroad or those who travelled often such as traders (and who thus required
specific ruling)
Apart from these two, another term, dar al-ahd alternatively called dar al-sulh
(the abode of treaty), was coined by ash-Shafii to indicate non-Muslim territories
involved in treaty agreement giving sovereignty to a Muslim state but maintaining
local autonomy (Abdul-Hanan 2006). Another term, dar al-aman (the abode of
security), was also there in the classical Fiqh which seems very near to dar al-ahd. Dar
al-aman refers to the states of security and peace with which Muslims had no
belligerent relation.
These concepts of dar al-Islam, dar al-harb and dar al-ahd cannot be found
either in the Quran or in the Sunnah. According to Ramadan, (1999) they were a
human attempt, historically dated, to describe the world and to provide the Muslim
community with a gauge to measure the world by adapting to their reality. So it is not
at all obligatory for us to uphold these concepts. This is in conformity to what the
Prophet (SAW) said, that entire world is a mosque and pure. So wherever a Muslim,

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says shahada and is able to perform religious duties in freedom and security, he/she is
at home.
There was disagreement among classical jurists about the specific parameters
that define a dar (abode). Some scholars gave emphasis to government whereas others
emphasized on population (Abdul-Hanan 2006). Some other scholars, (Hannafi
school) considered the question of security and protection prior to considering nature
of law and government. This causes a divergence of opinion among contemporary
scholars too. According to Abdul Hanan 2006, a Fiqh seminar in 1992 held in Paris,
showed the scholars taking various positions in defining the countries that can be
called as dar al-Islam in the current world. Those who refer to population are of the
opinion that Muslim countries are still to be considered as dar al-Islam, whereas others
state that, countries with government, which clearly do not respect Islamic teachings,
cannot be called dar al-Islam any longer.
Ramadan(1999) shows that if one takes into account the parameters considered
by some scholars of Hanafi school, i.e. those based on safety and security, one may
conclude that the appellation dar al-Islam is applicable to almost all western nations
where Muslims are sometimes safer regarding the free practice of their religion rather
than many Muslim countries with strict dictators. But this type of conclusion cannot at
all said to be correct (Abdul Hanan 2006).
Abdul Hanan (2006) continues that the above is quite evident that old concept
does not fit our reality. The world has taken into a new shape, which has led the
contemporary scholars to reconsider the issue in accordance with the new reality. But
there is no consensus among the scholars in identifying and defining the present the
world.
Some minority scholars uphold the traditional division. On the other hand the
great majority of scholars use the term dar al-ahd and dar al-Islam. The majority
scholars use the Shafii concept of dar al-ahd (the abode of treaty) or dar al-amn (the
abode of security) in defining the Western countries, stating that these are the most
appropriate terms to define our current situation when we are witnessing treaties
between nations (directly or through the United Nations) and the fact that fundamental

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Muslim rights are protected in these Western countries. However, they continue to
consider those countries where Muslims are majority as dar al-Islam even if their
governments are illegitimate and dictatorial and even if Islamic teachings and rulings
are neglected. They hold that those countries should be considered as dar al-Islam
with a hope of reform. This opinion is supported by numerous scholars like, Dr. Yusuf
al-Qardawi, Mustafa az-Zarqa, Abdul Fattah Abu Ghuddah (ibid 2006).
But some other scholars are interested to use completely new terms. Hence a
reference was made to Dar ad-dawah. For some of them, the Prophet and the Muslims
were in Makkah before the Hijra. Makkah was neither dar al-Islam nor dar al-harb but
a dar ad-dawah and the entire Arabian Peninsula was, in the eyes of Muslims, dar ad-
dawah (ibid 2006).
Scholars further suggest moving away from the traditional division of the
world into three separate realms of peace (dar al-Islam), war (dar al-harb) and treaty
(dar al-sulh). They say, Instead, we must identify with Fakhr al Din al Razi, who
divided the world into two realms: dar al-ijabah (the land of acceptance, where people
accepted Islam and Islamic values are practiced) and dar al-dawah (the land of
invitation, to which dawah is presented and its people are invited to Islamic values and
practices). This view of the world removes the potential for conflict and emphasizes
the role and possibilities of cooperation, understanding, and dialogue of Globalization
(ibid 2006).

Conclusion
All these modern contributions are useful and represent progress of realistic thought
by Muslim scholars in the field of International Relations (As siyar). The
classification Darul Ahad - Darul Islam (for Muslim and Non- Muslim countries) or
the classification Darul Ijaba - Darud Dawah or Darul Islam - Darush-Shahada are
acceptable in the Islamic and present day perspectives. However, Darud Dawah or
Darush Shahada relate to one function only of Muslim citizens in Non- Muslim
countries, they do not express the status of the state in a comprehensive sense, these

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terms do not explain fully how the state deals with all kinds of citizens including
religious minorities.
Regardless of what constitutes a formation and conception of Islamic state in
the International system, the persistent demand made by Islam is that the principles or
moral in must be observed at all cost and in all walks of life. Hence it lays down an
unalterable policy for the state to base its politics on justice, truth and honesty. It is not
prepared, under any circumstance whatsoever, to tolerate fraud, falsehood and
injustice for the sake of any political, administrative or national expediency. Whether
it be the mutual relations of the rulers and the ruled within the state, or the relations of
the state with other states, precedence must always be given to truth, honesty, and
justice over material consideration. It imposes similar obligations on the state as on
the individual. Viz., to fulfil all contracts and obligations, to have uniform measures
and standards for dealings, to remember duties along with the rights and not to forget
the rights of other when expecting them to fulfil their obligations; to use power and
authority for the establishment of justice and not for the perpetration of injustice; to
look upon duty as a sacred obligation and to fulfil it scrupulously; and to regard power
as a trust from God and use it with the belief that one has to render an account of one's
actions to Him in the Hereafter.

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References
Abdul Hanan, Shah (2006) Classification of states from Islamic perspective.
Bangladesh Institute of Islamic thought (2006) (http://www.witness-pioneer.org/vil/
Articles/misc/Shah.htm)

Islamic political system, Discover Islam web book (http://www.ediscoverislam.


com/About-Islam/Islamic-Law-and-legal-Systems/the-moral-system-of-islam-islamic-
concept-of-life-and-morality)

Maududi, Abul Ala (2004) Essential Features of Islamic political System,


Bangladesh Institute of Islamic thought (2006) http://www.witness-pioneer.org/vil/
Articles/misc/moududpq.htm)

Ramadan, Tariq (1999) To be a European Muslim Islamic foundation,


United Kingdom. 1999

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