Question
If a land has unislamic rule but there are no laws against your religion or any laws that prohibit you from practicing your religion in any way, would that land be Dar ul Islam or Dar ul Harb?
بسم الله الرحمن الرحيم
الجواب بعون الملك الوهاب اللهم هداية الحق والصواب
Answer
For any land to be classified as Dar ul Islam, it is necessary that at any point in time, an Islamic government was established there.
If an Islamic government was never established in a land, it will not be classified as Dar-ul-Islam, even though Islamic practice is permitted there; however, it may be considered to be Dar-ul-Aman.
The Imam of Ahl-ul-Sunnah Imam Ahmad Rida Khan رحمه الله تعالى, says:
“Dar-ul-Islam is a country in which there currently is an Islamic Sultanate, or if not currently, then there was one in the past, and a non-Muslim ruler maintained the traces of Islam there, such as Jumu’ah, Eid prayers, Adhan, Iqamah and Jama’ah.
However, if kufriyy elements are established there while the traces of Islam are abruptly removed and no person remains there from the original state of security (امان اول) (granted by the Islamic state), and that area is not surrounded by Dar-ul-Islam on all sides, then that land will become Dar-ul-Harb. As long as these 3 conditions are not met, no Dar-ul-Islam will become Dar-ul-Harb.
(Fatawa Ridawiyyah, Volume 17, Page 367, Rida Foundation, Lahore)
Answered by: Mubashir Attari (AskMufti Scholar)
Verified by: Mufti Sajid Attari
Translated answer
Date: 18th May 2024