The concise ruling of the lands – Muhtasar Ahkam ad Diyar

Although the terms Dar ul Islam and Dar ul Kufr aren’t directly mentioned in the Qur’an and the Sunnah, there is a lot of evidence from the Qur’an and Sunnah that there are only these two abodes: Dar ul Islam and Dar ul Kufr. The scholars of this Ummah -since the time of the Sahaba, radhiAllahu anhum- have agreed on the division of the world into these two abodes.

The scholars also have agreed that every abode that is dominated by the rulings of Muslims, then it is Dar ul Islam. And if the rulings of the kuffar dominate it, then it is Dar ul Kufr. And there is no other abode (Dar).

Evidence from the Qur’an and Sunnah that the world is divided into two abodes

From the Qur’an

The arrogant leaders of his people said, “Shu’ayb, we will expel you and your fellow believers from our town unless you return to our faith.” (al A’raf 7/88)

The disbelievers said to their messengers, “We will surely drive you forth from our land, or else you will have to return to our faith.” (Ibrahim 14/13)

These ayah show that their land and their town are places where they have the power and authority. Therefore these places are Dar ul Kufr.

I will show you the abode of the fasiqiin. (al A’raf 7/145)

And what is the matter with you that you fight not in the way of Allah, and for the oppressed among men, women and children who say, “Our Lord, take us out of this city of oppressive people.” (an Nisa 4/75)

Allah ta’ala names the abodes of the evildoers and the kuffar Dar al Fasiqiin and the city of oppressive people.

Verily, as for those whom the angels take (in death) while they are wronging themselves, they (angels) say (to them): “In what (condition) were you” They reply: “We were weak and oppressed on the earth.” They (angels) say: “Was not the earth of Allah spacious enough for you to emigrate therein”. (an Nisa 4/97)

Allah ta’ala made obligatory Hijra from Makkah – which was Dar ul Kufr at the time of the revelation of this ayah – to Madinah, which was Dar ul Islam at the time of the revelation of this ayah.

(They are) the ones who were expelled from their home(land)s without any just reason, except that they say “Our Lord is Allah. (al Hajj 22/40)

And He caused you to inherit their land and their homes and their properties and a land which you have not set foot before… (al Ahzab 33/27)

… for the poor emigrants who were expelled from their home(land)s and properties, while they were seeking Allah’s grace and pleasure … And for those who established themselves in the homeland … (al Hashr 59/8-9)

All these ayah are evidence that the world is divided into two abodes: their lands, which is Dar ul Kufr and our lands, which is Dar ul Islam.

From the Sunnah

It has been narrated on the authority of Abdullah b. Umar, radhiAllahu anhumma, that the Messenger of Allah (sallAllahu alayhi wa sallam) forbid that one should travel to the land of the enemy (Ardh al Aduw) taking the Qur’an (with him) lest it should fall into the hands of the enemy. (Sahih Muslim 1869b)

‘Abd Allah bin ‘Umar, radhiAllahu anhumma, said “The Messenger of Allah (sallAllahu alayhi wa sallam) prohibited to travel with a copy of the Qur’an to the enemy territory (Ardh al Aduw). The narrator Malik said “(It is) I think lest the enemy should take it.” (Sunan Abi Dawud 2610)

Narrated Qais: When Abu Huraira, radhiAllahu anhu, accompanied by his slave set out intending to embrace Islam they lost each other on the way. The slave then came while Abu Huraira was sitting with the Prophet. The Prophet (sallAllahu alayhi wa sallam) said, “O Abu Huraira! Your slave has come back.” Abu Huraira said, “Indeed, I would like you to witness that I have freed him.” That happened at the time when Abu Huraira recited (the following poetic verse): “What a long, tedious, tiresome night! Nevertheless, it has delivered us From the land of Kufr (Darat’il kufr).” (Al-Bukhari, 2530)

Narrated `Aisha: A black lady slave of some of the ‘Arabs embraced Islam and she had a hut in the mosque. She used to visit us and talk to us, and when she finished her talk, she used to say: “The day of the scarf was one of our Lord’s wonders: Verily! He has delivered me from the land of Kufr (Baldat’il kufr).” When she said the above statement many times, I (i.e. `Aisha) asked her, “What was the day of the scarf?” She replied, “Once the daughter of some of my masters went out and she was wearing a leather scarf (round her neck) and the leather scarf fell from her and a kite descended and picked it up, mistaking it for a piece of meat. They (i.e. my masters) accused me of stealing it and they tortured me to such an extent that they even looked for it in my private parts. So, while they all were around me, and I was in great distress, suddenly the kite came over our heads and threw the scarf, and they took it. I said to them ‘This is what you accused me of stealing, though I was innocent.” (Al-Bukhari, 3835)

In a longer hadith from Sulaiman b. Buraida through his father that the Messenger of Allah, sallAllahu alayhi wa sallam, said: “Invite them to (accept) Islam; if they respond to you, accept it from them and desist from fighting against them. Then invite them to migrate from their lands to the land of the Muhajireen (min daarihim ila dar al muhajirin) and inform them that, if they do so, they shall have all the privileges and obligations of the Muhajireen. If they refuse to migrate, tell them that they will have the status of Bedouin Muslims and will be subjected to the Commands of Allah like other Muslims, but they will not get any share from the spoils of war or Fai’ except when they actually fight with the Muslims (against the disbelievers). (Muslim, 1731a, b)

Narrated Ibn Abbas, radhiAllahu anhumma: During the last Hajj led by `Umar, `Abdur-Rahman bin `Auf returned to his family at Mina and met me there. `AbdurRahman said (to `Umar), “O Ameer al Mu’mineen! The season of Hajj is the season when there comes the scum of the people (besides the good amongst them), so I recommend that you should wait till you go back to Medina, for it is the place of Migration and Sunna (Dar ul Hijrah wa Sunnah), and there you will be able to refer the matter to the religious scholars and the nobles and the people of wise opinions.” `Umar said, “I will speak of it in Medina on my very first sermon I will deliver there.” (Al-Bukhari, 3928)

Narrated ‘Ali bin Abi Talib, radhiAllahu anhu that the Messenger of Allah, sallAllahu alayhi wa sallam, said: “May Allah have mercy upon Abu Bakr, he married me to his daughter, and he carried me to the land of Hijrah (Dar al Hijrah), and he freed Bilal with his wealth. May Allah have mercy upon ‘Umar, he says the truth even if it is sour. The truth caused him to be left without a friend. May Allah have mercy upon ‘Uthman, the angels are shy of him. May Allah have mercy upon ‘Ali. O Allah! Place the truth with him wherever he turns.” (Jami` at-Tirmidhi, 3714)

It was narrated that Jabir bin Zaid said: “Ibn ‘Abbas, radhiAllahu anhumma, said:’The Messenger of Allah, sallAllahu alayhi wa sallam, Abu Bakr and ‘Umar were among the Muhajirin (emigrants), because they forsook (hajaru) the idolaters, and some of the Ansar were Muhajirun because Al-Madinah was a land of shirk (Dar ash Shirk), and they came to the Messenger of Allah, sallAllahu alayhi wa sallam, on the Night of Al-‘Aqabah.” (Sunan an-Nasa’i 4166 Sahih)

The division between their land with the names Darihim, Dar ash Shirk, Darat’il Kufr, Baldat’il Kufr and Ardh al Aduw and our land with the names Dar al Muhajirin, Dar al Hijrah and Dar al Hijrah wa Sunnah is very clear.

From Jarir bin ‘Abdullah, radhiAllahu anhu, that the Messenger of Allah, sallAllahu alayhi wa sallam, sent a military expedition to Khath’am. So some people (living there) sought safety by prostrating, but they were met quickly and killed. News of this reached the Prophet, sallAllahu alayhi wa sallam, upon which he commanded that they be given half of the ‘Aql (blood money). And he said: “I am free from every Muslim that lives among the mushrikoon.” They said: “O Messenger of Allah: How is that?” He said: “They should not see each other’s campfires.” (Jami` at-Tirmidhi 1604, Sunan Abi Dawud 2645 sahih)

The Messenger of Allah, sallAllahu alayhi wa sallam, said: Whoever lives amongst the mushrikin is free from protection. (An Nasai 8/36; Al Bayhaqi 9/12-13, sahih)

In the explanation of these ahadith it has been said that Allah ta’ala differentiated between Dar ul Islam and Dar ul Kufr. It is not allowed for a Muslim to let the kuffar settle in their land (in the land of the Muslims) at a distance so that they may see each other’s fires.

These ahadith are evidence that the world is separated into two lands: Dar ul Islam and Dar ul Kufr, because Rasulullah, sallAllahu alayhi wa sallam, is free from the Muslim who lives with the mushrikun in their land, the Dar ul Kufr. And he ordered them to make Hijrah to Dar ul Islam. Therefore it has been said that the one who accepts Islam in Dar ul Kufr has to leave this land (make Hijrah) and separate from them and has to move to Dar ul Islam.

Narrated Mu’awiyah: I heard the Messenger of Allah, sallAllahu alayhi wa sallam, say: Hijrah (Migration) will not end until Tawbah (repentance ends), and repentance will not end until the sun rises in the west. (Sunan Abi Dawud 2479, sahih)

The Hijrah will never end, what is meant by this is, who becomes Muslim in Dar ul Kufr has to leave this abode and leave to the Dar ul Islam. (see Sharkh As-Sunnah 1/373, Baghawi)

From the Salaf

When Khalid ibn Walid, radhiAllahu anhu, made a treaty with the people of Hira he used the terms Dar al Islam and Dar al Hijrah in this agreement.

“… As long as they live in Dar al Islam wa Dar al Hijrah their and their families provision/alimony shall be paid by the Bayt al Mal (public treasury), if they leave Dar al Islam wa Dar al Hijrah it’s not up to the Muslims to care about their funding.” (Kitab al Haraj, Abu Yusuf, 156)

Al Hasan al Basri said: What is from the treasures from the land of war (Ardh al Harb) khumus (one fifth) has to be paid, and what is from the land of peace (Ardh Silm) zakat has to be paid. (Buhari bab fi Rikaz al Khumus Kitab az Zakat 24/66)

Ash Shafii said: Than Allah tabaraka wa ta’ala gave His Messenger, sallAllahu alayhi wa sallam, permission for Hijrah to Madinah. But He didn’t make it haram to stay in Makkah though it was Dar ash Shirk (land of shirk). … and He didn’t give them permission for Jihad. Then Allah ta’ala gave them permission for Jihad. Then after that He made it compulsory for them (fardh) to make Hijrah from Dar ash Shirk. (see Al Umm 4/160)

Ash Shafi’i said: “Dar ul Islam: it is every land where the Ahkam (rules, laws) of Islam prevail.” (al Mawsu’at al Fiqhiyyah al Kuwaytiyyah 1/39)

Malik ibn Anas said: Makkah was Dar ul Harb because the rulings of the jahiliyyah were prevailing at that time. (Al Mudawana 3/23)

Imam Ahmad ibn Hanbal said: If in a Dar (land, city, abode) the word of Khalq al Qur’an (the creation of the Qur’an) or about al Qadr or any similar thing spreads/becomes visible/prevails than this Dar is Dar ul Kufr. (Itiqad Imam Ahmad ibn Hanbal page 82)

In the Sahih of Buhari there are two chapters in Kitab al Jihad in which the terms Dar al Islam and Dar il Harb appear.

Chapter 173: If a harbi (someone from Dar al Harb) enters Dar al Islam without treaty

and

Chapter 180: If some people in Dar il Harb embrace Islam and they have possessions and land

Conclusion

From all this we can conclude that the Land of Islam is the land where

Islam prevails,
the authority belongs to the Muslims,
the rules and laws (ahkam) are the rules of Islam,
the inhabitants (Muslims as well as Ahlu Dhimma) are safe

And the Land of Kufr is the land where

Kufr prevails,
any type of kufr spreads,
the authority belongs to the kuffar
the rules are theirs, and
the Muslims aren’t safe

Difference between Dar ul Kufr and Dar ul Harb

While some say that Dar ul Kufr and Dar ul Harb is the same, Dar ul Harb is the (home)land of the mushrikin. (Al Sahib ibn Abbad, al Muhit fi’l Lugha)

Others said that Dar ul Harb is the land of the kuffar and mushrikun that is at war with the Muslims. Dar ul Harb is the land of the mushrikin where no peace treaty exists between us and them. (Lisan’ul Arab 1/303) Firyuzabadi said the same in al Qamus al Muhit.

The ruling of the lands and countries in our time that formerly were Dar ul Islam

Are the lands and countries that formerly were Dar ul Islam and are nation states in our time (like Egypt, Algeria, Morocco, Tunisia, Sudan, Somalia, Libya, Libanon, Jordan, Palestine, Iraq, Iran, Yemen, Kuwait, United Arab Emirates, Syria, Saudi Arabia, Bahrain, Turkey, Mauritania, Oman etc) Dar ul Kufr or Dar ul Islam?

After the explanation of both Dar ul Islam and Dar ul Kufr, it should be clear to everybody that all countries today, including the countries which formerly were part of Dar ul Islam are Dar ul Kufr. As kufr prevails in these lands and the authority belongs to the kufar, they fulfill the conditions of being Dar ul Kufr, not Dar ul Islam.

Some of the many ways that kufr prevails in these lands include the following:

The haram is made halaal
Man-made laws force the people to seek arbitration and judgment with them instead of the Shariah of Allah
The Shariah of Allah and those who call for its implementation are not safe from the kufar authorities in these so-called Muslim lands
People are imprisoned for pointing out the kufr of these tawagheet leaders and how they oppose the Shariah of Allah
The enemies of Islam are honoured and taken as allies
These countries don’t come to the aid of other countries they consider Islamic (think Syria, Yemen, Libya, Iraq, etc.)
There are presidents, royalty and prime ministers in countries that are called Dar ul Islam, which unites people under the banner of their nationality and flag, and not the under the bond of brotherhood in Islam. In addition, these types of authorities don’t exist in Islam as there’s ONE khalifah

So as it’s clear, the countries that are described as Dar ul Islam today have nothing Islamic about them except the claim. And structures like mosques – though a visible sign of Islam – doesn’t make the land Dar ul Islam just as mosques in the UK, Australia, the US to name a few, aren’t a sign that these lands are Dar ul Islam.

As Abu Bakr, radhiAllahu anhu said:

“Verily, the earth today is kafira.” (Tarikh al-Tabari 3/245; al-Bidayah wa Nihaya 9/441)