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International Law and ReligionHistorical and Contemporary Perspectives$
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Martti Koskenniemi, Mónica García-Salmones Rovira, and Paolo Amorosa

Print publication date: 2017

Print ISBN-13: 9780198805878

Published to Oxford Scholarship Online: September 2017

DOI: 10.1093/oso/9780198805878.001.0001

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Muslim Jurists’ Criteria for the Division of the World into Dar al-Harb and Dar al-Islam

Muslim Jurists’ Criteria for the Division of the World into Dar al-Harb and Dar al-Islam

Chapter:
(p.219) 10 Muslim Jurists’ Criteria for the Division of the World into Dar al-Harb and Dar al-Islam
Source:
International Law and Religion
Author(s):

Moussa Abou Ramadan

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198805878.003.0011

There is disagreement over the definition of dar al-Islam and dar al-harb between classical and contemporary jurists. Different authors have laid down different criteria; we find different opinions even within the same school; and at times variations may even be found with regard to the same author and/or in the same treatise. Some jurists give preference to Islamic law, while other focus on the safety of Muslims. The majority accepts that dar al-Islam can be transformed into dar al-harb, while Ibn Hajar holds that a territory belonging to dar al-Islam will never lose its status. There is also divergence on the question whether the world is divided into two or three categories.

Keywords:   muwada’a, dar al-harb, dar al-islam, dar al-iman, dar al-fisq, dar-murakaba, ‘aqd al-dhimma, mushrikun, dar al-kufr

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