Chapter 33

As for the Shariah ruling regarding aggression against the persons of Muslims, it is the same general Shariah ruling applicable to any aggression committed against Muslims: it is obligatory to respond and defend, as much as possible, as previously mentioned. ¶

In the Prophetic Seerah, there is evidence that aggression against individual Muslims by the enemy may necessitate the Islamic leadership to target the highest authority in the hostile disbelieving state as a means of retribution and retaliation. It is reported that Abu Sufyan and a group of Quraish witnessed the execution of Zayd ibn al-Dathinah and Khubayb ibn Adi, companions of the Messenger of Allah ﷺ and carriers of the Da'wah, who had been taken prisoner and brought to Makkah—which was still in a state of Shirk—after their companions had been killed on the day of Al-Raji' due to the treachery of the disbelievers. ¶

I say: After Abu Sufyan, who was the leader of Makkah, and a group of Quraish witnessed the death of these two Muslim captives, the Messenger of Allah ﷺ sent 'Amr ibn Umayyah al-Damri to kill Abu Sufyan in his house in Makkah, "if he could reach him," and he sent with him Jabbar ibn Sakhr al-Ansari to accomplish this mission. In Al-Sirah al-Halabiyyah, it is stated that the reason for this mission was that Abu Sufyan had sent men to Madinah to attempt to assassinate the Prophet ﷺ. In any case, the incident represents a response to aggression, whether it succeeded or failed. ¶

With this, we conclude the second issue in this research and proceed to the third issue. ¶

Third Issue: Aggression against the honor (Ird) of Muslims. - What do we mean by aggression against the honor of Muslims? - It is stated in 'Mukhtar al-Sihah': Al-Ird (honor/reputation) is the scent of the body, and other things, whether pleasant or foul. ¶

It is said: such-and-such a person is 'tayyib al-ird' (of honorable reputation), or 'muntin al-ird' (of disreputable character)... or 'naqi al-ird' (of untarnished honor). This means: he is free from being insulted or criticized. It has also been said: a person's 'ird' (honor) is his 'hasab' (lineage/merit). Regarding the meaning of 'hasab', it has been stated: it refers to the ancestral glories a person counts, and it is also said that his 'hasab' is his 'din' (religion). ¶

- In 'Al-Munjid', the meaning of 'ird' is stated as: that 'hasab' (merit) or 'sharaf' (nobility) which a person prides himself on, and that which a person protects concerning himself, his predecessors, or those under his charge; it is the aspect of a person that is subject to praise or blame. ¶

From this, we conclude that in the broader sense, 'ird' is, in short, the focal point of praise and blame concerning an individual—that which a person is obligated to protect and defend. ¶

It is in this broader sense that several hadiths appear in Sahih al-Bukhari. - For example: 'Whoever guards against doubtful matters has safeguarded his religion and his honor (ird).' - For example: 'Verily, your blood, your wealth, and your honors (a'rad) are sacred among you...' - For example: 'Whoever has committed an injustice against someone regarding their honor (ird) or anything else, let him seek absolution for it today...' In 'Al-Nihayah' by Ibn al-Athir, regarding the intent of 'ird' in these hadiths: 'Ird is the place of praise and blame concerning a human being, whether it pertains to his own self, his predecessors, or those for whom he is responsible.' ¶

This relates to the general meaning of the word 'ird'. As for the specific customary meaning of this word, it pertains to the sanctity of a woman in particular. It is in this specific sense that the jurists (fuqaha) use the term in their statements: ¶

"Honor is among the sanctities (hurumat) of Allah on earth; there is no way to render it permissible under any circumstances, whether it is the honor of a man himself or the honor of another" (1). ¶

- As for what is meant by the aggression against the honor of Muslims that is considered a cause for combat—to the extent that such aggression invalidates existing peace treaties between Muslims and disbelievers if an individual or group among them attacks the honor of a Muslim and they (the perpetrators' community) do not renounce it—I say: what is the meaning of this aggression against the honor of Muslims that is considered a cause for combat as mentioned? The answer is: There is no specific definition in the Shariah for a precise circle of such aggression where what falls within it justifies a declaration of war and what falls outside it does not. Therefore, the assessment is left to the sound 'urf (customary practice) that does not deviate from the framework of the Shariah, and the holder of this discretionary authority is the one with the final say in the Islamic State. It is worth noting that there is a specific type of aggression against the honor of Muslims mentioned in the Prophetic biography (Sirah) that served as a justification for declaring war against the perpetrator of that aggression. This occurred in the incident that became the cause for the expulsion of the Jewish tribe of 'Banu Qaynuqa' from the vicinity of Medina. - Ibn Hisham records in his Sirah: "The affair of Banu Qaynuqa was that an Arab woman came with some goods for sale, sold them in the market of Banu Qaynuqa, and sat down by a goldsmith there. They pressured her to uncover her face, but she refused. The goldsmith went to the hem of her garment and fastened it to her back; when she stood up, her private parts were exposed, and they laughed at her. She cried out for help, and a Muslim man rushed upon the goldsmith and killed him, as he was a Jew. The Jews then ganged up on the Muslim and killed him. The family of the Muslim called upon the Muslims for help against the Jews, the Muslims became enraged, and thus conflict broke out between them and Banu Qaynuqa" (2). ¶

Thus, the matter of these Jews concluded with their expulsion from Medina. In this incident, there was a blatant assault on the honor of a Muslim woman by exposing her body. The Companion who heard the Muslim woman’s cry understood this to be an aggression by the Jews against the honor of the Muslims, which constituted a breach of the peace treaty (muwada'a) with them, justifying a declaration of war against them, or at the very least, considering that aggression as a violation of the covenant specifically by the perpetrator. Hence, he hastened to kill the one who committed the crime of assaulting the honor of a Muslim woman. ¶

Indeed, the Prophet (ﷺ) did not denounce this response to the aggression, and the Companion was martyred in the path of Allah and in defense of a Muslim woman's honor. The Messenger (ﷺ) declared war on these Jews because, by killing the Muslim who was defending the woman’s honor, they provided evidence that they did not condemn this assault on the honor of Muslims, and that they were aiding the aggressor in committing this act. ¶

When the Jews finally submitted to the judgment of the Messenger (ﷺ), their ally—the leader of the hypocrites, Abdullah ibn Ubayy—feared for his allies regarding their total eradication as a penalty for the aggression they had committed. He continued to speak to the Messenger of Allah (ﷺ) regarding them until he pardoned them for his sake and expelled them from Medina. ¶

Furthermore, another incident in the Prophetic Biography clarifies the concept of aggression against the honor of Muslims, which justifies the declaration of war against the perpetrators of such aggression. Ibn al-Qayyim narrated: 'Ka’b ibn al-Ashraf had a peace treaty with the Prophet (ﷺ) among the Jews of Medina. When the people of Badr were killed, it was grievous to him; he went to Mecca, recited elegies for them, and preferred the religion of Jahiliyyah over the religion of Islam. Then, when he returned to Medina, he began to compose poems and speak improperly (tashbib) about Muslim women, causing them harm, until the Prophet (ﷺ) said: 'Who will deal with Ka'b ibn al-Ashraf? For he has harmed Allah and His Messenger.' (1) ¶

Based on this narration, we see that the Messenger (ﷺ) did not hasten to order the killing of Ka’b ibn al-Ashraf because of his mourning for the disbelievers of Quraish, nor for his preferring the religion of Jahiliyyah over the religion of Islam, and likewise when he spoke improperly... ¶

Regarding the mention of Muslim women, the Prophet (PBUH) did not immediately order [the culprit's] execution... until his amorous poetry (tashbib) reached the limit of causing harm. That is, severe harm. Otherwise, mere amorous poetry is inherently harmful, but persistence in it—as was the case with Ka'b ibn al-Ashraf—constitutes severe harm. Here, the Prophet (PBUH) advocated for the killing of Ka'b ibn al-Ashraf, considering that he had violated the peaceful treaty between him and the Muslims. ¶

This incident confirms what we mentioned earlier: that the assessment of aggression against the honor of Muslims, which justifies a declaration of war against the perpetrators, rests with the authority in the Islamic state. This applies to aggressive actions that are subjects of debate and points of differing viewpoints in this regard. ¶

Accordingly, if states of kufr force Muslim women among their citizens, or those granted safe-conduct (musta'manat), to uncover their private parts, this constitutes an assault on the honor of Muslims that justifies the Muslims declaring war against those states (1), as understood from the incident of Banu Qaynuqa. ¶

Likewise, if a citizen of a state of kufr publishes poems in which he lewdly describes Muslim women, or publishes stories, or any form of expressed, audible, or visual media that attacks or slanders the honor of Muslims—past or present—causing severe harm, this is considered aggression against the Muslims. It justifies them responding to the aggression—when capable—in a manner they deem achieves deterrence, rebuke, and defense of honor (2). ¶

Thus, it is clear from the incident of Banu Qaynuqa and the incident of Ka'b ibn al-Ashraf that the response to aggression against honor may be directed specifically at the perpetrator, or it may encompass the state to which they belong, depending on the position that state takes regarding them! ¶

With this, we conclude the issue of aggression against the honor of Muslims, and we proceed to the final issue in this chapter, which is: ¶

The Fourth Issue: Aggression against the wealth (amwal) of Muslims. ¶

The wealth of Muslims is either private property owned by individuals, or public property, or property belonging to the state to be managed for the benefit of the Muslims. Any assault on any of these types of wealth constitutes an aggression against the Muslims in their wealth. This necessitates fighting (qital) in order to recover what can be recovered, and to respond to that aggression in kind. ¶

There are many manifestations of aggression against the private property of Muslims, including the usurpation of Muslim wealth by the disbelievers (kuffar), whether these Muslims are subjects of the Islamic State or subjects of states of kufr. This includes destroying their homes, expelling them from their lands, and forcibly seizing their factories or shops from their hands, and so on. Similarly, there are many manifestations of aggression against public or state-owned property of the Muslims, such as attacking their ships, airplanes, or their factories—both military and non-military. This also includes bombing their nuclear reactors, striking their airports, destroying their ports, and wrecking their various facilities. All of this, and anything similar, is an act of aggression against the wealth of the Muslims. ¶

We have learned in previous discussions that the Messenger of Allah (ﷺ) sent an army led by Zayd ibn Harithah to discipline those who assaulted Dihyah al-Kalbi by robbing him of his wealth. Even though the stolen wealth was returned to its owner, the Messenger of Allah (ﷺ) dispatched the army with the intent to discipline the aggressors, to establish the prestige (haybah) of the Muslims, and to deter anyone who might consider assaulting their wealth. ¶

We also learned in previous research that when 'Uyaynah ibn Hisn al-Fazari (or his son Abd al-Rahman) raided the camels of the Prophet (ﷺ) at al-Ghabah, the Prophet (ﷺ) went out at the head of an army to recover them. ¶

Salama ibn al-Akwa' (may Allah be pleased with him) performed remarkably well in fighting the aggressors and recovering those assets—or as much of them as could be recovered—to the extent that the Prophet (peace and blessings be upon him) said regarding him: 'The best of our foot soldiers is Salama ibn al-Akwa'' (1). ¶

With this, we conclude the fourth issue of this research, and with its completion, we reach the end of this second section and proceed to the third section. ¶

= Al-Halabiyya (3/3) - See also in (Atlas of Islamic History) just north-west of Medina, above Majma' al-Asyal, maps (42, 43, and 45) by Dr. Hussein Mo'nis. (1) See Sahih Muslim, no. (1806) and Al-Mughni by Ibn Qudamah, 10/390. 647 ¶

He was endowed with and adorned by all forms of useful and beneficial perfections, both manifest and hidden. Thereafter, turning towards this most perfect manifestation and the most complete human being, He declared, 'This is the pinnacle of Our creation.' (So Blessed is Allah, the Best of Creators). In short, every single thing in the universe exists for the sake of the creation of Adam, while Adam himself exists for the sake of the Divine Essence. ¶

Third Topic Aggression against Muslims based on the citizenship they hold (citizenship of Dar al-Islam or Dar al-Kufr). ¶

Introduction: Regarding the issues covered in this study. First Issue: The Shariah evidences concerning combat against aggression committed against Muslims by those who are not residents of Dar al-Islam. Second Issue: What is Dar al-Islam, and what is Dar al-Kufr or Dar al-Harb? Third Issue: What is the ruling on migration (hijrah) from Dar al-Kufr or Dar al-Harb to Dar al-Islam or elsewhere? ¶

Chapter: On the differentiation of the levels of Qira'at (modes of recitation) and whether the Seven Qira'at and others are Mutawatir (consecutively transmitted) or not. ¶

Know that it is well-known in the books of the science of Qira'at that the seven Qira'at are Mutawatir, and some of the later researchers have also considered the ten Qira'at to be Mutawatir, having authored many books on this subject. Abu Shama, in his book 'Ibraz al-Ma'ani' and others, considered the seven Qira'at to be Mutawatir; this view is accepted and relied upon by the majority of the scholars of Usul (principles of jurisprudence), Fuqaha (jurists), and Muhaddithin (hadith scholars). Many scholars have explicitly stated that the seven Qira'at are Mutawatir, that their Tawatir is among the necessities of the religion, and that denying them constitutes disbelief. As for the Qira'at other than the seven—which consist of the three that complete the ten or the Shadh (anomalous) Qira'at—there is disagreement. Some have said they are also Mutawatir, while others have said they belong to the category of Akhbar al-Ahad (solitary reports), and their authority (hujjiya) in matters of Shari'ah rulings is open to investigation. The preferred view of most researchers is that what is contained in the Qira'at of the seven and the three is Mutawatir. Whatever is other than that, which is Shadh, if it is proven through an authentic chain of narration (isnad), it may be used as evidence in Shari'ah rulings; however, it cannot be recited in prayer, because recitation in prayer must be Mutawatir. And Allah knows best. ¶

Section Three: Aggression against Muslims based on their citizenship (citizenship of Dar al-Islam or Dar al-Kufr). ¶

Introduction: Regarding the issues covered in this research. In the first section of this chapter, we presented evidence for the legitimacy of fighting to repel aggression, among which is the saying of the Almighty: 'Then whoever transgresses against you, transgress against him in the same way that he transgressed against you' (Quran 2:194). ¶

It should be noted that the aggression against Muslims which must be met with response and defense is general and not restricted to Muslims who are residents of Dar al-Islam. This means that any aggression committed against Muslims—whether they are residents of Dar al-Islam (i.e., holding what is called Islamic citizenship, nationality, or subjecthood of the Islamic state), or whether they are not residents of Dar al-Islam (i.e., holding the citizenship, nationality, or subjecthood of other states)—any aggression occurring against Muslims from either category is considered aggression against Muslims that necessitates response and defense against such aggression. ¶

While there is no dispute regarding the defense of Muslims within Dar al-Islam, as the texts concerning fighting to repel aggression are primarily addressed to Muslims who have established Dar al-Islam and settled within it, such as the verse: 'And fight in the way of Allah those who fight you...' (Quran 2:190), I state: if defending Muslims in Dar al-Islam is undisputed, then defending Muslims outside Dar al-Islam requires clarification and a specific discussion. Therefore, texts have been cited regarding this matter. ¶

There is a specific Shariah status regarding the obligation of defense against aggression committed against Muslims who are not residents of Dar al-Islam (the Abode of Islam), though this is subject to certain conditions. This necessitates that we first present these texts, and then define what constitutes Dar al-Islam and Dar al-Kufr (the Abode of Disbelief) so that we may understand when the defense of Muslims outside Dar al-Islam is mandatory and when it is not. This also requires us to determine what is incumbent upon Muslims in Dar al-Kufr when they are subjected to aggression and their fellow Muslims either do not or cannot come to their aid—is migration (Hijrah) from Dar al-Kufr or Dar al-Harb (the Abode of War) mandatory upon them or not? Thus, it is essential to study the ruling on migration from Dar al-Kufr to Dar al-Islam or elsewhere. Consequently, this discussion branches into the three issues we mentioned earlier... and we begin with the first issue. ¶

First Issue: Legal (Shariah) proofs concerning combat against aggression committed against Muslims who are not residents of Dar al-Islam. The Shariah evidence in this regard is found in the Holy Quran and in the Prophet's ﷺ combat against the Quraish. - As for what has come in the Holy Quran concerning our issue, it is the saying of the Almighty: "And what is [the matter] with you that you fight not in the cause of Allah and [for] the oppressed among men, women, and children who say, 'Our Lord, take us out of this city of oppressive people and appoint for us from Yourself a protector and appoint for us from Yourself a helper?'" (Surah An-Nisa: 75). - It is stated in Tafsir al-Tabari, on the authority of Mujahid regarding this verse: "The believers were ordered to fight on behalf of the oppressed believers who were in Makkah." - And in Tafsir al-Naysaburi: "'And what is with you that you fight not': This means that there is no excuse for you to refrain from fighting, as the situation has reached this state." ¶

In Tafsir al-Qurtubi: 'And what is the matter with you that you fight not in the cause of Allah?' (Quran 4:75) is an exhortation to Jihad. It encompasses the liberation of the oppressed from the hands of the disbelieving polytheists who inflict upon them severe torment and seek to turn them away from their religion. Thus, Allah the Exalted made Jihad obligatory to elevate His word, manifest His religion, and rescue the weak believing servants, even if it entails the loss of lives. ¶

In Tafsir al-Alusi, it is stated: '...From Ibn Abbas: "I and my mother were among the oppressed (mustad'afun)..." (And appoint for us from Yourself a protector) who will manage our affairs and deliver us from the hands of the oppressors... (And appoint for us from Yourself a helper)... Ibn Abbas said: The meaning is, appoint over us a guardian from among the believers who will support our cause, look after our interests, preserve our religion and Shariah, and help us against our enemies. Allah the Exalted answered their prayer by facilitating the migration of some to Medina, and for those who remained, He provided the best protector and the mightiest helper. He granted the conquest of Mecca at the hands of His Prophet ﷺ, so he (the Prophet) took them under his protection and aided them. He then appointed Attab ibn Asid over them, who was eighteen years old; he protected and assisted them until they became the most honored among its people. It is also said that the meaning is: "Grant us from Yourself guardianship and support," meaning: "Be You our Protector and Helper." ¶

From the above, we conclude that Allah has made it obligatory upon the Muslims in the Dar al-Islam to aid the oppressed Muslims in Mecca and to repel aggression against them by any means of support and defense. It is not permissible to refrain from helping them on the pretext that they are not citizens of the Islamic state—that is, not under the jurisdiction of the Islamic polity. ¶

Furthermore, the obligation to aid them and the prohibition of abandoning them to their painful fate is understood from His saying: 'And what is the matter with you that you fight not...' The purpose of the interrogation here is to incite support for them or to reprimand those who neglect it; both interpretations support what we have mentioned. Likewise, the meaning cited by the exegetes, 'You have no excuse,' also supports this. Note that combat against aggression perpetrated upon Muslims by those who are not 'people of Islam'... ¶

It is not exclusive to the oppressed Muslims who were in Makkah. Rather, the support (nusrah) of the Islamic State must encompass all Muslims in the non-Islamic world if they are subjected to injustice or aggression. The evidence for this is the Almighty’s saying: 'Indeed, those who have believed and emigrated and fought with their wealth and lives in the cause of Allah, and those who gave shelter and aided - they are allies of one another. But those who believed and did not emigrate - for you there is no guardianship over them until they emigrate. And if they seek help from you for the religion, then you must help, except against a people between yourselves and whom is a treaty. And Allah is Seeing of what you do. And those who disbelieved are allies of one another. If you do not do so, there will be fitnah on earth and great corruption.' In these two verses, several matters are important for the issue we are addressing: 1. Establishing the walayah (allegiance/mutual support) between the Muhajirun and the Ansar, i.e., the people of Islam in Madinah. 2. Negating the walayah between the Muslims in Madinah and those Muslims who did not emigrate to the Abode of Islam (Dar al-Islam). 3. However, if aggression is committed by the disbelievers against Muslims who have not emigrated to Dar al-Islam, and then they seek the aid of their Muslim brothers who are part of Dar al-Islam, then these Muslims must rise to support their brothers who live outside the Islamic State. 4. It is stipulated for the aforementioned support that the aggressor disbelievers must not have a peaceful treaty with the Muslims of Dar al-Islam. If such a treaty exists, it is not permissible to support those oppressed Muslims until that treaty expires. 5. If the Muslims of Dar al-Islam refrain from supporting their brothers residing in other lands, this negligence will lead to tribulations and calamities befalling the Muslims, and corruption will prevail across the earth. Regarding the meaning of walayah in the first and second points, i.e., the establishment of walayah between the Muhajirun and the Ansar, and then the negation of this walayah between the Muslims in Dar al-Islam and the Muslims who [did not]... ¶

Outside the Dar al-Islam (Abode of Islam) — regarding the meaning of al-muwalat (allegiance/support) in these two passages — a group of commentators has interpreted it to mean 'nusrah' (aid/support). On this basis, the meaning of the verse of allegiance is: The Muhajirun (Emigrants) and the Ansar (Helpers) support one another against any aggression that befalls them, or whenever there is a need for such support. As for those who accepted Islam but did not migrate, the Muhajirun and Ansar are not obligated to support them, because they did not migrate to the Islamic state. However, if these Muslims who did not migrate ask their Muhajir and Ansar brothers to rise to their defense against the aggression they are facing, they must answer the call for aid immediately, provided there is no peace treaty between the Muslims—the Muhajirun and Ansar—and the disbelievers who have committed aggression against the Muslims who did not migrate. ¶

Furthermore, another group of commentators interpreted 'al-muwalat' in the relevant verse as 'inheritance'. According to this, the meaning of the verse is: The Muhajirun and Ansar inherit from one another because of the bond of brotherhood established by the Messenger (ﷺ) between them. There is no inheritance between the Muhajirun and their relatives who are Muslims but did not migrate to the Dar al-Islam. If they do migrate, their right to inherit from their relatives in the Dar al-Islam is established. However, the lack of inheritance between Muslims within the Dar al-Islam and Muslims outside it does not negate the requirement of support between them if the need arises. In fact, if the Muslims who did not migrate call upon their Muslim brothers in Medina for help against aggression, it is mandatory for the Muslims in the Islamic state to rise to the aid of their brothers in other lands. ¶

Regardless of the meaning of 'al-muwalat' under discussion, there is no disagreement among commentators that the verse of the Almighty, 'And if they seek your help in religion, then you must provide help,' denotes the obligation of support in the event that Muslims from outside the Dar al-Islam call upon their brothers within the Dar al-Islam for aid. These are some of the statements of the commentators regarding the two verses in question, which clarify the issue we are addressing. ¶

It is stated in Tafsir Ibn Kathir: 'And if they seek your help'—referring to the Bedouins who did not migrate—'in a religious fight against an enemy, then support them, for it is an obligation upon you to support them, because they are your brothers.' ¶

Except if they ask you for help against a people with whom there is a treaty between you and them, meaning: a truce for a specified period, then do not violate your covenant... (1). ¶

- It is stated in Al-Jassas: "Allah the Almighty said: 'And those who believed and did not emigrate, you have no wilayah (alliance/guardianship) with them until they emigrate.' Thus, He designated them as believers despite their residence in the Dar al-Harb (abode of war) after their Islam, and He obligated upon us to assist them through His saying: 'And if they seek your help in matters of religion, then it is your duty to help them'" (2). ¶

- It is stated by Ibn al-Arabi regarding the meaning of 'muwalat' (alliance/loyalty) between the Muhajirun and the Ansar: "'They are allies of one another': There are two opinions regarding this. The first: regarding assistance (nusra). The second: regarding inheritance. 'And those who believed and did not emigrate, you have no wilayah with them until they emigrate': It is said: this refers to assistance, due to the distance of their abode. And it is said: it refers to inheritance, because their alliance is severed. 'And if they seek your help in matters of religion, then it is your duty to help them': This means: if they call out from the land of war for a force or wealth to rescue them, then assist them, for that is an obligation upon you, except for a people with whom there is a treaty between you and them; do not fight them on their account, meaning: until the treaty is fulfilled, or terminated on equal terms" (3). ¶

- It is stated by Al-Naysaburi: "'And those who believed and did not emigrate, you have no wilayah with them': ... Allah the Almighty placed the ruling of these believers in a middle position between the former [the Muhajirun and the Ansar] and the disbelievers, in that He negated wilayah from them before they emigrated, and established for them the right of assistance upon request, except against the covenanted disbelievers (mu'ahidin), because they should not be the first to be attacked..." (4). ... Then he said: "'If you do not do it': i.e., what I have commanded you regarding the alliance with the emigrant Muslims, and not forming an alliance with non-emigrants except in the case of a request for help, and not forming any alliance with disbelievers at all... 'there will be fitnah' (discord/trial), meaning: it will result." ¶

Great corruption (on earth) results from the fragmentation of unity, the mixing of the believer with the disbeliever, and the occurrence of 'harj' and 'marj' (chaos and bloodshed). ¶

- According to Al-Qurtubi: 'There will be fitnah' means: through war and what follows it of raids, displacement, captivity, and the great corruption which is the dominance of Shirk (polytheism). ¶

- Al-Alusi stated: The Muhajir was inherited by his Ansari brother if he had no Muhajir guardian in Medina, and there was no inheritance between him and his non-Muhajir Muslim relatives. This continued until the conquest of Mecca, after which inheritance was based on lineage once migration ceased. 'Wilayah' here means inheritance. Al-Asam said: It refers to Wilayah through support and alliance. ¶

'And if they seek your help in religion, then you must help them,' meaning: it is obligatory upon you to help them against the enemies of Allah and your enemies. 'If you do not do so,' meaning: if you do not perform what I have commanded you in these two verses, there will be 'fitnah on earth,' meaning great trials will occur, which are: the fragmentation of unity, weakness of faith, the appearance of disbelief, and 'great corruption,' which is the shedding of blood. ¶

I say: We conclude from what has been presented—regarding what is derived from the meaning of the two verses—that Muslims in the Dar al-Islam (Abode of Islam) enjoy full Wilayah (guardianship/solidarity) among themselves, which includes support against aggression, inheritance due to kinship, or other rights enjoyed by citizens belonging to the same state or the same abode. ¶

As for those Muslims who do not belong to the Dar al-Islam, but reside in non-Islamic lands, they do not enjoy the same 'full Wilayah' with the Muslims in the Dar al-Islam, although there are differing views among the jurists regarding the extent of this deprivation, which is not the subject of our discussion here. However, they agree that there is an obligation for a specific type of Wilayah between the Muslims of the Dar al-Islam and the Muslims of non-Islamic lands, and this type of Wilayah is: supporting the Muslims of the Dar al-Islam. ¶

For Muslims in other lands, it becomes an obligation to come to their aid when they seek help against the oppression, injustice, and aggression they face—whether from the state to which they are subject, from their fellow citizens in the countries where they reside, or from other states or peoples. This support (nusrah) is mandatory provided there is no peace treaty between the Islamic State (or the Dar al-Islam from which aid is sought) and the party committing aggression against Muslims in non-Islamic lands. ¶

If such a treaty exists, one must exercise restraint in aiding the oppressed Muslims in non-Islamic states until the duration of the treaty expires or the adversary violates it. At that point, the Muslims must rise to support their brothers to the extent of their available capabilities. However, if the Muslims in Dar al-Islam turn away from aiding those of their brothers who live outside Dar al-Islam—despite having the ability to do so and in the absence of valid excuses preventing such aid—the result will be that the disbelievers become emboldened against Muslims everywhere. They will commit massacres, expel them from their homes, cast them into prisons and detention camps, force them into hard labor, and keep them in a state of humiliation and weakness, which signifies the dominance of the word of disbelief over the word of Islam. This is what Allah the Almighty warned against if the call for help from Muslims is not met with actual, effective assistance: 'If you do not do so, there will be tribulation on earth and great corruption.' ¶

Furthermore, this concerns the texts in the Holy Quran that indicate the obligation of supporting Muslims who are outside Dar al-Islam. - As for the evidence for this issue derived from the Prophet's (ﷺ) combat against the Quraish—who were practicing persecution and oppression against the weakened Muslims in their midst—it was evident in many of the military operations that the Prophet (ﷺ) conducted against Quraish that the goal was to weaken the power of Quraish and diminish their prestige and status among the Arabs so that they would cease their allegiance to them... because they were the protectors of the sanctuary of disbelief in the Arabian Peninsula, the primary opponents of the Islamic call, and the ones wielding the whip of torment and strife upon the oppressed among the Muslims. Indeed, Quraish were exhausted as a result of those military operations and the consecutive wars that the Prophet (ﷺ) waged against them. This is captured by his (peace be upon him) statement: 'Alas for Quraish, for the war has consumed them...' (1). Until... ¶

They eventually surrendered, as is well-known from the Prophetic biography in the story of the Conquest [of Mecca](1). ¶

With this, we conclude the first issue, which is: The Shar'i evidences regarding the obligation of Muslims residing in Dar al-Islam (Abode of Islam) to support their oppressed brethren residing in Dar al-Kufr (Abode of Disbelief) or Dar al-Harb (Abode of War), under specific conditions that will be discussed later. ¶

We now move to the second issue of this research. ¶

Second Issue: What is Dar al-Islam? And what is Dar al-Kufr or Dar al-Harb? ¶

We stated at the beginning of the third section of this chapter: that for the Muslims of Dar al-Islam to support their brethren who are subjected to aggression and belong to outside of Dar al-Islam, it requires us to know what Dar al-Islam is and what Dar al-Kufr is. This is because such specific support is only obligatory under certain conditions which will be discussed later. Whereas the support of the Muslims of Dar al-Islam, if they fall under aggression, is obligatory upon the Islamic State and all its Muslim subjects—in fact, upon all Muslims worldwide—without regard to the conditions that restrict the support of other Muslims. ¶

Hence, it was necessary to know what Dar al-Islam is and what Dar al-Kufr is, so that we may subsequently know: when is it obligatory to defend one group or the other? ¶

For this reason, we will limit our treatment of this issue, 'Dar al-Islam and Dar al-Kufr or Dar al-Harb,' to the points relevant to this chapter, which addresses the issue of aggression against Muslims as a cause for declaring combat against the aggressors. As for other rulings connected to the issue of Dar al-Islam and Dar al-Kufr, we will not busy ourselves with them here, so as not to deviate from our subject, such as: Are the Hudud (penal codes) applied in Dar al-Harb or not? And are there transactions permissible in Dar al-Harb with the warring disbelievers that are not permissible in Dar al-Islam? And other such issues which Fiqh books have elaborated upon in detail, concerning the expansion or contraction of the scope of rulings that differ according to the two respective abodes. ¶

(1) See the story of the Conquest in the Seerah of Ibn Hisham (al-Rawd al-Unuf: 4/84 and onwards). ¶

Based on this, we now specify the matters that we will address in the following points: 1. On what basis does a territory become Dar al-Islam (Abode of Islam), and on what basis does it become Dar al-Kufr (Abode of Disbelief) or Dar al-Harb (Abode of War)? 2. Who are the Muslims affiliated with Dar al-Islam, and who are those affiliated with Dar al-Kufr? 3. What is the ruling on defending Dar al-Islam and the people of Dar al-Islam? 4. If Muslim countries are not Dar al-Islam from a terminological perspective, what is the ruling on defending them and those affiliated with them? 5. Dar al-Kufr, which are the lands of the disbelievers—what is the ruling on defending the Muslims residing therein? 6. What is the ruling if Muslims, for any reason or no reason, abandon the support of their brothers residing in Dar al-Kufr, in the lands of the disbelievers? These are the points that we consider relevant to the issue at hand and in need of study. We begin with the first point. 1. First Point: On what basis does a territory become Dar al-Islam, and on what basis does it become Dar al-Kufr or Dar al-Harb? - The terminology of Dar al-Islam, and Dar al-Kufr, or Dar al-Harb. The term (Dar al-Islam) is a Shariah terminology indicating a specific reality of lands. Likewise, the term (Dar al-Kufr, or Dar al-Shirk, or Dar al-Harb)—all of which hold the same meaning(1)—is a Shariah terminology indicating a specific reality of lands that differs from the first reality. The use of these two terms has been reported in what has been narrated from the Prophetic Sunnah and the traditions of the Companions. - Al-Mawardi reported from the Prophet (ﷺ) that he said: "Dar al-Islam protects what is within it, and Dar al-Shirk makes permissible what is within it"(2). ¶