migration from disbelief to islam pdf download

MIGRATION FROM DISBELIEF TO ISLAM – Book Sample

By Abd al-Aziz bin Salih al-Jarbu

Defining the Term ‘Dār’

This term has two meanings: one general, the other specific.

The specific definition is what the Fuqahā’ defined as a plot of land for which there are borders that surround homes, grazing areas for animals and agriculture, and not having a roof. So, it contains plants for the sustenance and benefit of its inhabitants, as is found in ‘Radd al-Muhtār ‘alā ad-Durr al-Mukhtār.(( Najm ad-Din (died 1252 H), more commonly known as Ibn ‘Abidin. It is a very famous manual of Hanafi Fiqh more commonly known as ‘Hashiyat Ibn ‘Abidin.’

))’ The general definition of the term ‘dār’ is that it is a place that combines open space and buildings. This term can also be applied to any piece of land. The author of ‘Mu’jam al-Lughah’ said: “A dār is a living space that combines buildings with what surrounds them, as Allāh Said:

{“They entered the very innermost parts of your homes (diyār), and it was a promise fulfilled.”}(( al-Isra’; 5))

{“Did you not see those who went forth from their homes (diyārihim)…”}(( al-Baqarah; 243))

So, from here, we are able to say that a dār can be a city, region, country, or even a village. What is important is that it contains a group of people who live in any part of this land who rule over every aspect of its affairs, whether they rule by laws that are divine or manmade. We can also say that a dār is a region of land containing smaller pieces of land that fall under its rule.

In our current times, and based on modern custom, we can say that a dār is a country that is a collection of smaller states with authority over certain pieces of land, with its own borders and places of residence. So, the ruler of this land – whether he is referred to as the khalīfah, amīr al-mu’minīn, etc. – is the head authority of this land. This is what was meant by the term ‘dawlah’ when it was used by the Fuqahā’ writing about Islāmic politics, rulings of leadership, etc. The overall conclusion of this is that we can say that a country is established upon three foundations: the land, the citizens of that land, and force (to keep those citizens in check). A country is composed of a collection of smaller governments and states, such that each state plays its part in the overall functioning of the nation, with each state working together to fulfill an overall goal, which is to look after the worldly and religious interests of the

Muslims.

-The Types of Diyār – MIGRATION FROM DISBELIEF TO ISLAM

i) Dār al-Islām

This is every piece of land in which the rulings of Islām are in authority. ash-Shāfi’ī said: “It is every land in which the rulings of Islām are apparent.”

Others have said: “There must not be a single aspect of the rulings of kufr present in it, such as denial of a Prophet, any book from the Books of Allāh, mockery of any aspect of the Religion, or atheism.”

Others have said: “Any land in which the call of Islām is apparent from its people without any impediment, and in which the rule of the Muslims is implemented upon the dhimmīs (if they happen to live there), and the people of innovation do not have superiority over the people of the Sunnah.”

Others have said: “Any land in which the Muslims live, even if others reside their along with them, or any land in which the rule of the Muslims is uppermost.”

So, the Islāmic lands are all the regions that are under the rule of the Muslims, with the inhabitants of those lands being those who live within their borders – Muslims, as well as dhimmīs – with the leadership applying the Islāmic laws.

ii) Dār al-Kufr

This is any land in which the laws of the disbelievers is uppermost and with which there is no war with the Muslims, and its ruling is the same as that of a Dār al-Harb that has a treaty with the Muslims. So, every Dār al-Harb is classified as Dār al-Kufr, but not vice versa.

iii) Dār Murakkabah (mixed)

This is a land which contains both elements: it is not a land of Islām in which the laws of Islām are applied, but it is also not a Dār al-Harb whose inhabitants are disbelievers. Rather, it is a third category in which the Muslim is treated as he deserves to be treated and the one who rebels against the Sharī’ah of Islām is fought as he deserves to be fought, as Ibn Taymiyyah mentioned in ‘al-Fatāwā al-Kubrā’ (4/331) and ‘Majmū’ al-Fatāwā’ (28/142).

iv) Dār al-Harb

This is any land in which there is a state of war between the believers and the disbelievers. So, Dār al-Harb is the Dār al-Kufr that is at war with the Muslims.

v) Dār al-‘Ahd (covenant)

This is every land that has made peace with the Muslims by not fighting them.

vi) Dār al-Baghī (rebellion)

This is the part of Dār al-Islām from which a group of the Muslims have broken away out of a desire to rebel against the Muslim ruler of that land.

And the references for knowing the details of these defined diyār are the books of Fiqh, where these definitions are widespread.  It should  be noted  that some of the  madhāhib consider that there are only three types of diyār, some say four, and so on. Therefore, whoever wants further detail in regards to this subject, he should refer to a group of the well known books of Fiqh without limiting himself to just one of them, due to the expansiveness of the topic.

So, what is meant by Dār al-Islām is any land in which the rule of the Muslims is being implemented, is inhabited by the Muslims (even if they share it with others), and in which the laws of Islām are uppermost, or all the regions that are under the rule of the Muslims with the inhabitants of those lands being those who live within their borders –Muslims, as well as dhimmīs – with the leadership applying the Islāmic laws.

Conversely, Dār al-Kufr is that land in which the rule of the disbelievers is uppermost,¹⁵ and its ruling is the same as that of a Dār al-Harb that has a treaty with the Muslims, as every Dār al-Harb is Dār al-Kufr, but not vice versa.

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