The conditions that must be met for a country to be considered a Dār al-Ḥarb (abode of war) or a Dār al-Kufr (abode of disbelief)
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The first question of Fatwa No. ( 2635 )
Q1: What are the conditions that must be present in a country for it to be considered a Dār al-Ḥarb (abode of war)
or a Dār al-Kufr (abode of disbelief)?
A1: Any country or region where its rulers and those in authority establish the limits of Allah, rule their subjects according to the Shari'ah of Islam, and where the subjects are able to fulfill what the Islamic Shari'ah has made obligatory upon them; such a place is a Dār al-Islam (abode of Islam). The Muslims there must obey their rulers in what is right, advise them, and assist them in establishing the affairs of the state, supporting it with the scientific and practical strength they possess. They are permitted to live there and should not migrate from it except to an Islamic territory where their condition would be better and more excellent. This is like al-Madinah after the Prophet (peace and blessings be upon him) migrated to it and established the Islamic state there, and like Makkah after its conquest; for it became a Dār al-Islam through the conquest and the Muslims taking charge of its affairs, after it had been a Dār al-Ḥarb from which migration was obligatory for the Muslims there who were able to do so. Any country or region where its rulers and those in authority do not establish the limits of Allah, do not rule the subjects by the judgment of Islam, and where a Muslim is unable to perform what is obligatory upon him of the rituals of Islam; such a place is a Dār al-Kufr. This is like the Noble Makkah before the conquest, for it was a Dār al-Kufr. Likewise, countries whose people claim affiliation with Islam, but where those in authority rule by other than what Allah has revealed, and where Muslims are unable to establish the rituals of their religion; it is obligatory upon them to migrate from it, fleeing with their religion from fitnah (trial, discord or temptation),
to regions where Islam is ruled, and where they are able to fulfill what is obligatory upon them by the Shari'ah. Any man, woman, or young person who is unable to migrate from such a place is excused, and the Muslims in other regions must rescue them from the abode of disbelief to the abode of Islam. Allah the Exalted said:[An-Nisa 4:97-99] And He the Exalted said: [An-Nisa 4:75] As for those among its people who are strong enough to establish the rituals of their religion there, and who are able to establish the proof against the rulers and those in authority, and who can reform their affairs and correct their conduct, it is prescribed for them to remain among them; because of the hope for the conveying of the message and reform that comes from their presence among them, while they are safe from fitnah (trial, discord or temptation).
And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Q1: What are the conditions that must be present in a country for it to be considered a Dār al-Ḥarb (abode of war)
or a Dār al-Kufr (abode of disbelief)?
A1: Any country or region where its rulers and those in authority establish the limits of Allah, rule their subjects according to the Shari'ah of Islam, and where the subjects are able to fulfill what the Islamic Shari'ah has made obligatory upon them; such a place is a Dār al-Islam (abode of Islam). The Muslims there must obey their rulers in what is right, advise them, and assist them in establishing the affairs of the state, supporting it with the scientific and practical strength they possess. They are permitted to live there and should not migrate from it except to an Islamic territory where their condition would be better and more excellent. This is like al-Madinah after the Prophet (peace and blessings be upon him) migrated to it and established the Islamic state there, and like Makkah after its conquest; for it became a Dār al-Islam through the conquest and the Muslims taking charge of its affairs, after it had been a Dār al-Ḥarb from which migration was obligatory for the Muslims there who were able to do so. Any country or region where its rulers and those in authority do not establish the limits of Allah, do not rule the subjects by the judgment of Islam, and where a Muslim is unable to perform what is obligatory upon him of the rituals of Islam; such a place is a Dār al-Kufr. This is like the Noble Makkah before the conquest, for it was a Dār al-Kufr. Likewise, countries whose people claim affiliation with Islam, but where those in authority rule by other than what Allah has revealed, and where Muslims are unable to establish the rituals of their religion; it is obligatory upon them to migrate from it, fleeing with their religion from fitnah (trial, discord or temptation),
to regions where Islam is ruled, and where they are able to fulfill what is obligatory upon them by the Shari'ah. Any man, woman, or young person who is unable to migrate from such a place is excused, and the Muslims in other regions must rescue them from the abode of disbelief to the abode of Islam. Allah the Exalted said:
(97) Indeed, those whom the angels take [in death] while wronging themselves - [the angels] will say, "In what [condition] were you?" They will say, "We were oppressed in the land." The angels will say, "Was not the earth of Allah spacious [enough] for you to emigrate therein?" For those, their refuge is Hell - and evil it is as a destination. (98) Except for the oppressed among men, women and children who cannot devise a plan nor are they directed to a way - (99) For those it is expected that Allah will pardon them, and Allah is ever Pardoning and Forgiving.
إِنَّ الَّذِينَ تَوَفَّاهُمُ الْمَلائِكَةُ ظَالِمِي أَنْفُسِهِمْ قَالُوا فِيمَ كُنْتُمْ قَالُوا كُنَّا مُسْتَضْعَفِينَ فِي الأَرْضِ قَالُوا أَلَمْ تَكُنْ أَرْضُ اللَّهِ وَاسِعَةً فَتُهَاجِرُوا فِيهَا فَأُولَئِكَ مَأْوَاهُمْ جَهَنَّمُ وَسَاءَتْ مَصِيرًا (97) إِلا الْمُسْتَضْعَفِينَ مِنَ الرِّجَالِ وَالنِّسَاءِ وَالْوِلْدَانِ لاَ يَسْتَطِيعُونَ حِيلَةً وَلاَ يَهْتَدُونَ سَبِيلا (98) فَأُولَئِكَ عَسَى اللَّهُ أَنْ يَعْفُوَ عَنْهُمْ وَكَانَ اللَّهُ عَفُوًّا غَفُورًاAnd what is [the matter] with you that you fight not in the cause of Allah and [for] the oppressed among men, women, and children who say, "Our Lord, take us out of this city of oppressive people and appoint for us from Yourself a protector and appoint for us from Yourself a helper?"
وَمَا لَكُمْ لاَ تُقَاتِلُونَ فِي سَبِيلِ اللَّهِ وَالْمُسْتَضْعَفِينَ مِنَ الرِّجَالِ وَالنِّسَاءِ وَالْوِلْدَانِ الَّذِينَ يَقُولُونَ رَبَّنَا أَخْرِجْنَا مِنْ هَذِهِ الْقَرْيَةِ الظَّالِمِ أَهْلُهَا وَاجْعَلْ لَنَا مِنْ لَدُنْكَ وَلِيًّا وَاجْعَلْ لَنَا مِنْ لَدُنْكَ نَصِيرًاAnd success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.