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Dar ul-Harb Rulings

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4255 2013/04/20 2024/05/19

Dar ul-Harb Rulings



Dar ul-Harb Rulings

The rulings about travel to disbelieving countries (Dar ul-Harb) for purposes of trade are broadly detailed. If you are able to assert your faith, while not supporting the disbelievers, then this is permitted. Indeed, some of the Companions of the Prophet (peace be upon him) travelled to some countries of disbelievers in search of trade, among them Abu Bakr as-Siddiq. The Prophet (peace be upon him) did not prevent them from this, as Imam Ahmad points out in his Musnad and elsewhere. [57]


If you are unable to assert your religion or avoid supporting them, then it is not permitted to venture amongst them for trading purposes. The subject has been addressed by the scholars and the relevant support for their position will be found in the Prophet's Ahaadeeth. Allah has required all believers to uphold their faith and to oppose the disbelievers. Nothing is allowed to undermine or interfere with these obligations.[58]


While this is quite clear from many different sources, we still find a carefree attitude among many Muslims today with regard to this subject. The forming of friendships with those who are rightly our enemies, and establishing communities in their countries has been trivialised. Remarkably, some Muslims even send their children to the West to study Islamic Law and Arabic in European and American universities! This will stand as an absurd monument to the foolishness of those Muslims of the twentieth century, who sent their children to the disbelievers to study Islamic Law and Arabic!

Our scholars have warned us enough of the dangers which these questions raise, and they have carefully explained the perils of such educational exchanges, and of the desire of the disbelievers to corrupt the minds of our youth to turn them away from Islam, so we should take time to consider what we are doing. [59]


2. Emigration from the Abode of Disbelief to Muslim Countries


"Hijrah" is the Arabic word for emigration. It means, ultimately, to separate or abandon. In religious terminology it means to move from a non-Muslim place of abode to a place where there is a presence of Islam [60]. It is a fact that those whose religion is Islam; which is based on directing all kinds of worship to Allah, rejecting and showing hatred to polytheism and disbelievers; will never be left at peace by the antithesis of Islam, as Allah has said:

They will not stop fighting you until they turn you away from your religion, if they are able [61]

and He says about the people of the Cave:

For if they come to know of you, they will stone you or turn you back to their religion, then you will never prosper [62]

and finally, about the disbelievers declared aim, Allah says:

Those who disbelieved said to their Messengers: "We will drive you out of our lands, or you shall return you to our religion". So their Lord revealed this to them: "Surely We shall destroy the Zaalimun (disbelievers)”[63]


Likewise, Waraqah Ibn Nawfal said, anticipating the mission of the Prophet "1 wish I could be young at the time when you will be driven away by your people." He said, "Will they throw me out?". "Yes, Nawfal replied, no one has ever come with a thing such as this who was not then driven away by his own people". So it was that the Quraish first drove the Prophet (peace be upon him) from Makkah to Ta'if, then to Madinah; and some of his Companions emigrated twice to Abyssinia. [64]


The Hijrah is a vitally important aspect of Islam; it is at once the guiding principle of alliance and dissociation and the supreme example of it. The Muslims could never have abandoned their homes and families, exposing themselves to the pain of separation and the hardship of migration if it had not been indispensable to the practice of their religion and the assertion of Islam in the land. Allah promised these emigrants a great reward in this world and the next, saying:

Those who left their homes for the sake of Allah after having suffered persecution shall be settled in comfort in this world but in the next is the greater reward if they but knew. Those who were steadfast and who upon their

Lord totally depend.[65]


Hijrah has a comprehensive meaning as understood in Islam. It is not simply just the act of moving from one place to another; from a non-Muslim country to a Muslim country. Ibn al-Qayyim explains that it is, in fact, an emigration of the body and the spirit. A physical movement from one place to another and a spiritual migration to Allah and His Messenger (peace be upon him). It is this second migration which constitutes the real migration, as the body simply follows the soul.

Thus, the meaning of moving from one thing to something else is that the heart moves from the love of something other than Allah to love of Allah; from servitude of something or other to the service and worship of Allah; from fear of something or other to hope in and reliance upon Allah. It is Allah Who is the object of one's hope and fear; prayers are addressed to Him; and He is the One before Whom one feels humility and awe. This is the meaning of flight which Allah mentions in the command: (So flee to Allah). [66]


This is the essence of monotheism (Tawhid); that you abandon all else and flee to Allah. Flight is from something to something else, and in this case it is from whatever is odious in the sight of Allah to whatever He loves. This is essentially an expression of either love or revulsion. Whoever flees a thing exchanges an undesirable thing for something better, in response to his own preference. This kind of migration may be more or less strongly motivated depending upon the degree of love in one's heart. The stronger or deeper the love, the more complete and secure is the migration. If this love is shallow then the migration is less secure, and this may continue to the point of complete indifference. [67]

The rulings regarding actual physical migration from the lands of the disbelievers to a land of Islam is as follows:

Imam al-Khattabee [68] points out that in the early days of Islam physical migration was recommended but not required, as Allah says:

Whoever migrates for the sake of Allah will find refuge and great bounty in the earth . [69]


This was revealed when the pagan persecution of the Muslims at Makkah was on the rise, after the Prophet has left for Madinah. But after this they were subsequently commanded to follow him there in order to be with him. They were required to cooperate as a single community, to learn their religion from the Prophet and to get an understanding of it directly from him. At this time the greatest threat to the Muslim community was posed by the Quraish, who were the masters of Makkah. After Makkah fell, the obligation was again lifted and migration became once again a matter of preference. Bearing this in mind, we are in a better position to understand the report of Muawiyah who related that the Prophet (peace be upon him) said:

"Migration will not end until repentance ends, and repentance will not end until the sun rises in the west". And that of Ibn Abbas who said: "The Prophet (peace be upon him) said, on the day of the conquest of Makkah, 'There is no migration (after the conquest), except for Jihad and good intentions, and when you are called for Jihad, you should immediately respond to the call”[70] . The chain of narrators in Ibn Abbas's Hadith is Sahih, but that of Muawiyah is disputed by some. [71]


Because of the significance of the Hijrah, especially in the early days of Islam, Allah swt severed the ties of mutual support between the Muslims who migrated to Madinah and those who chose to remain in Makkah, saying:

Indeed those who believe and who migrated and who struggle in the Path of Allah with their wealth and their lives, and those who gave them shelter and who gave them help, these are allies of one another. But those who believe yet did not migrate have no part in this alliance until they too migrate. If they seek your assistance in faith you must help them except against a people with whom you have a treaty. Allah is well aware of what you do [72]


Following this, Allah praises the migrants and the Helpers (Muhajirun and Ansar) saying:

Those who believe and who migrated and who struggled in the Path of Allah, and those who gave shelter and aid, these are the true believers. Forgiveness and bountiful provision are theirs. [73]


We have already discussed the Muhajirin and the Ansar, what we will look at now are those believers who did not make the Hijrah, but who stayed in Makkah the time of conflict. Allah 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 earth". The angels say: "Was not the earth spacious enough for you to emigrate therein?" Such men will find their abode in Hell - What an evil destination. Except for the weak ones among men, women and children who are unable to devise a plan, nor to direct their way. For these there is hope that Allah will forgive them, and Allah is Ever Oft Pardoning, Oft-Forgiving. [74]


Al-Bukhari relates that Ibn Abbas said that some Muslims used to live among the disbelievers, increasing their population during the Prophet (peace be upon him) era. They were killed or injured in the fighting, so Allah swt revealed: (Verily! As for those whom the angels take (in death) while they are wronging themselves).


Therefore, the believers who did not emigrate but who remained in their homes had no share in the war booty, nor in its fifth part, except in the battles in which they took part, as Imam Ahmad has stated[75]. This is indicated by a Hadith mentioned by Imam Ahmad and also reported by Muslim on the authority of Sulaiman Ibn Buraida, on the authority of his father, that: "Whenever the Prophet (peace be upon him) appointed a commander over an army or a detachment, he advised him privately to be mindful of his duty to Allah and to guard the welfare of the Muslims who were under his command.

Then, he said, "Fight in the name of Allah, and for His Sake. Fight whoever disbelieves in Allah. Do not embezzle the spoils, nor break your pledge, nor mutilate the dead bodies, nor kill children. When you meet your enemies, the polytheists, invite them to three things and if they make a positive response to you, accept it and withhold yourselves from doing any harm to them. Then invite them to migrate from their lands to the land of the Emigrants and tell them that if they will do so, they will have (all the privileges and obligations) that the Emigrants have; but if they refuse to migrate, tell them that they will be like the Bedouin Muslims and will be subjected to the Commands of Allah swt which are applicable to other Muslims and they will not be entitled to any booty nor Fai' unless they perform Jihad along with the Muslims. If they should refuse, demand Jizyah from them; but if they agree to pay Jizyah, accept it from them and restrain your hands from them. But if they refuse to pay Jizyah,seek Allah's Succour and fight against them...” [76]


The preceding discussion about Hijrah may be summarised as follows:


1. Migration from the lands of disbelievers to the lands of Muslims was mandatory in the time of the Prophet (peace be upon him), and it is still obligatory till the Day of Judgement. The obligation which the Prophet (peace be upon him) lifted after the conquest of Makkah was that of taking up residence near him. Whoever accepts Islam while living among those who are at war with Muslims must leave to make his home among the Muslims. [77]


This is supported by the Hadith of Mujaashi' Ibn Mas'ud who said: "I took my brother to the Prophet after the Conquest of Makkah, and said, "0 Allah's Apostle! I have come to you with my brother so that you may take a pledge of allegiance from him for migration." The Prophet (peace be upon him) said, "The people of migration (i.e. those who migrated to Madinah before the Conquest) enjoyed the privileges of migration (i.e. there is no need for migration anymore)." I said to the Prophet (peace be upon him), "For what will you take his pledge of allegiance?" The Prophet (peace be upon him) said, "I will take his pledge of allegiance for Islam, Belief, and for Jihad” [78]


2. It is obligatory to leave the lands of the Bidah(innovation). Imam Malik said: "None of you may remain in a country where the Companions are cursed' [79].


3. It is obligatory to leave a place where forbidden practices are rife since it is mandatory for Muslims to demand observance of the Law [80]. In this regard, Ibn Taymiyyah said, "The state of a place reflects the state of a person. It is possible to be sometimes a Muslim and at other times a disbeliever; sometimes sincere and at other times hypocritical; sometimes good and pious and at other times rotten and corrupt. Thus, a person becomes like the place of his abode. The migration of a person from a land of disbelief and profanity to one of faith and probity is an expression of repentance and of his turning away from disobedience and perversion to belief and obedience. This is so until the Day of Resurrection."[81]


4. One must flee persecution and oppression. This is to be counted as one of the many blessings of Allah swt that he has given His license, to whoever fears for himself and his own safety, to go and find some sanctuary for himself. The first to do this was Abraham,~ who, when he was threatened by his own people said: (1 will emigrate for the sake of my Lord), (29:26), and, (1 am going to my Lord, He shall guide me), (37:99). Then there was Moses: (So he escaped from there, vigilant and fearing for his life, and said "My Lord deliver me from these oppressors" ), (28:21 ).[82]

5. In times of epidemic, people were required to leave the city and remain in the hinterland until the threat of disease had passed. The exception to this is in times of plague. [83]

6. If one fears for the safety of his family or the security of his property then he must also flee since security of one's possessions is like the safety of one's person. [84]


Finally, migration, like anything else, is in the first instance a matter of intention, for the Prophet (peace be upon him) said: "Indeed actions are but by intention, and each will be rewarded according to his intent. So whose goal is to migrate for Allah and His Messenger, his migration is for Allah and His Messenger, and whose aim is to migrate to some worldly gain or to take the hand of a woman in marriage, his migration is to that which he has sought."[85]

Oh Allah please accept my hijrah and expiate my sins ameen





[57] This is quoted from the "al-Jami' al-Farid', but the author was unable to find any such reference in the Musnad.

[58] See: "al-Jami' al-Farid” p.382, 2nd Edition.

[59] Two of these scholars are Muhammad Muhammad Hussein in his valuable books: "Al-Ittijaahaat al-Wataniyyah", "Al-Islam wal Hadaara al-Gharbiyya" and "Husununa Muhaddada min Dakhilihaa"; also there is a valuable study by Sheikh Muhammad Lutfi as-Sabaagh called "Al-Ibtia'th wa Makhaatiruhu".

[60] "Fath al-Bari", Vol.1/16.

[61] Al-Baqarah: 217.

[62] Al-Kahf: 20

[63] Ibrahim: 13

[64] Ibnu Ateeq, "ad-Difaa "', pp. 18, 19, and "Seerat Ibn Hisham", Vol. 1, p.254.

[65] 'An-Nahl: 41-42

[66] Az-Zariyat: 50

[67] Ibn al-Qayyim, "Ar-Risaalat at-Tabuqiyyah" , pp. 14-18, 2nd edition, 1394, Egypt.

[68] His full name is Imam Hamad Ibn Muhammad Ibn Ibrahim Ibn alKhaftab, of the descendants of Zayd Ibn al-Khattab, he is known as Abu Sulayman. He was a jurist, narrator of Hadith, a poet, and a linguist Among his students, al-Hakim an-Nisaaburi. Al-Khattabee was born in Kabul in 319 A.H. and died in 388 A.H. For more information, see: the introduction of "Maalim as-Sunan" published . with "Sunan Abu Dawud', Vol. 1/11, and az-Zarkali's "Al-A'laam", Vol.2/273,4th edition.

[69] at An-Nisa': 100

[70] "Sahih al-Bukhari", The Book of Jihad, Vol.6/37, hadith 2825

[71] Al-Khattabee, “Maalim as-Sunan", Vol.3/352, revised by Ahmad Shakir and Muhammad Haamid al-Faqee, see also: "An-Naasikh wal Mansukh", p.207.

[72] "Al-Anfal: 72.

[73] AI-Anfal: 74.

[74] An-Nisa': 97-99.

[75] "Tafsir Ibn Kathir", Vol.4/40.

[76] “Musnad Ahmad", Vol.5/352, and "Sahih Muslim", "The Book of Jihad', Vol.3/1357, Hadith, 1731.

[77] Ibn al-Arabi, "Ahkaam al-Qur'an", Vol.1/484, and an-Nawawi's "Sharh Muslim", Vol. 13/8, and "Ta/sir al-Qurtubi" Vol.5/308.

[78] "Sahih Al-Bukhari", "The Book of Jihad', 6/189, Hadith 3079

[79] Ibn al-Arabi, "Ahkaam al-Qur'an", Vol. 1/484-485.

[80] Ibn al-Arabi, "Ahkaam al-Qur'an", Vol. 1/484-485

[81] “Majmu'al-Fatawa", 18/284

[82] Ibn al-Arabi, "Ahkaam al-Qur'an", Vol. 1/485.

[83] "Sahih al-Bukhari", "The Book of at-Tib", Vol.10/142, Hadith :5686, and "Sahih Muslim”, The Book of al-Qisama", Vol.3/1296, Hadith 1271. For the Hadith of plague, see: “Sahih al-Bukhari", "The Book of at-Tib", Vol. 10/179, Hadith 5728, and Muslim "The Book of as-Salam", Vol.4/1741, Hadith 2219.

[84] Ibn al-Arabi, "Ahkaam al-Qur'an", Vol. 1/486.

[85] "Sahih al-Bukhari", "The Book o Bad'al-Wahy", Vol.1/9, Hadith 1, and "Sahih Muslim", "The Book of al-Imaara", Vol.3/1515, Hadith 1907.

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