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No Darul Islam Unless Riba Prohibited

No Darul Islam Unless Riba Prohibited

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The prohibition of riba is one of the essential conditions for the darul Islam to exist. This is a ruling issued on the basis of an agreement concluded by the Prophet (pbuh) with the Thaqif.
The prohibition of riba is one of the essential conditions for the darul Islam to exist. This is a ruling issued on the basis of an agreement concluded by the Prophet (pbuh) with the Thaqif.

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Published by: Imran Ahsan Khan Nyazee on Oct 10, 2013
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04/09/2014

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....
 Ribā
and the
Dār al-Islām
Fatwā Issued For Virtual Sharī‘ah Court
Imran A. Nyazee Version 1.0
nyazee@icloud.com October 10, 2013Cite as:
VSC–F-4 (2013) ¶ …
THE QUESTION
 has been raised about the prohibition of 
ribā
being an essentialcondition, in addition to other conditions, for a territory to be called “Dāral-Islām.”
.
1 FRI. . . . . . . . . . . . . . . . . . . . . . . . .
1
2 P 
R
  E C   T  C  D -I . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
1 F R   I
1.
In our book on Islamic legal maxims, we recorded a
qā‘idah
that explains theconcept of the two
dārs
. The text is reproduced below: Al-Dabbūsī mentions the following
qā‘idah
to highlight the positions taken by theḤanafīs and the Shāfi‘īs about the concept of the
dārs
:
رادهكيافشلاعوبحارادومسإارادنارادهكيانأ﴿
ندعلصأا
:
لئسماذهىو،
﴾ةاو
Theprincipleaccordingtoourjuristsisthat
theworldisdividedintotwo
dārs
:
dār al-Islām
and
dār al-ḥarb
. According to al-Shāfi‘ī the entire world is a single
dār 
.
This governs cases.Our jurists said that the (idea of the)
dār al-ḥarb
prevents the implementation of penaltiesthatarewaivedonaccountof 
 shubhah
, becauseourlawsarenotappliedintheir
dār
,andthe
ḥukm
(legalsovereignty)oftheir
dār
opposesthe
ḥukm
(legalsovereignty) of our
dār
. Al-Shāfi‘ī said that enemy territory does not prevent theimposition of penalties that are waived due to
shubhah
.The elaboration of this is that if an enemy converts to Islam and then a Muslimman enters their
dār
on
amān
and murders him, there is no
qiṣāṣ
on him, nor isany
diyah
to be paid, in our view. According to Al-Shāfi‘ī, he is liable to
qiṣāṣ
.1
 
....
2V S‘ C§1• Our jurist said that if two Muslims enter the
dār al-ḥarb
on
amān
and one of them murders the other, there is no
qiṣāṣ
for him. According to Al-Shāfi‘ī, he isliable to
qiṣāṣ
.On the same grounds if there are two Muslim prisoners of war in the
dār al-ḥarb
,and one of them kills the other, the murderer is not liable to
qiṣāṣ
, in our view. According to Al-Shāfi‘ī, the murderer is liable to
qiṣāṣ
.Our jurists said that if a Muslim, present in the
dār al-ḥarb
, drinks
khamr
, com-mits
zinā
, or commits
qadhf 
, there is no
ḥadd
for him, in our view. According to Al-Shāfi‘ī, he will be subjected to
ḥadd
.• If one of the spouses moves as a migrant to the
dār al-Islām
as a Muslim or asa Dhimmī, while the other stays behind in the
dār al-ḥarb
, a legal separation(divorce) occurs between them, in our view. According to al-Shāfi‘ī no separationoccurs just by moving.If the enemy seize our goods and move them to the
dār al-ḥarb
, they come to ownthem, in our view. According to al-Shāfi‘ī they do not come to own them.• If the residents of the
dār al-ḥarb
acquire our goods as spoils and take them intopossession in the
dār al-ḥarb
, but then they surrender when the goods are stillin their possession, the goods belong to their ownership. According to al-Shāfi‘ī,they do not own the goods and it is incumbent upon them to return the goods tothe owners.• If the Muslims retrieve the goods belonging to them, which the polytheists hadearlieracquired(asspoils),theoriginalownerscantakethembackwhentheyfindthemonlyafterpayingthevalueofthegoodssubsequenttodivision(ofthespoils). According to al-Shāfi‘ī, they can take them back without any compensation.If the residents of the enemy territory capture a slave and then a Muslim entersthat territory on
amān
and purchases the slave from them moving him to the
dāral-Islām
, the owner cannot take him back, except by paying the price. If he hasreceivedtheslavebywayofgiftfromthem,theownercantakehimbackbypayingthe value of the slave. According to al-Shāfi‘ī, the owner can take the slave backwithout paying any compensation.The reader may wish to take sides on the above
qā‘idah
and its issues, however, thematter is not that simple; in fact, it is serious business. The
qā‘idah
represents twodifferent world-views. The Ḥanafī jurists are saying that Islamic law is not applicablein the
dār al-ḥarb
, while al-Shāfi‘ī is saying that Islamic law is applicable to the wholeworld. The Ḥanafī’s are saying that if there is to be an international law, it must takeinto account Islamic law too and accommodate it in the truce concluded. If the truceis entered into on the basis of weakness of Muslims, it is liable to be rejected by Mus-lim states as soon as they gain some strength. Al-Shāfi‘ī is saying that Islamic law isinternational law that is applicable to the whole world at all times. No truce can alter
 
....
§2V S‘ C3this state. Perhaps, he is also saying that Islamic law does not recognize any other law.The text from our book,
Islamic Legal Maxims
, ends here.Inadditiontotheabove,wewouldnowliketoaddthataccordingtotheḤanas,Islamiclaw is international law, and is applicable to the whole world, but its “implementationzone” is restricted to the
dār al-Islām
or territory under Muslim control. This rulehas been agreed upon after detailed discussions with all my colleagues of Vcourt, whospecialize in areas of international law,
jihād
and the
dārs
.
2.
It is not our purpose here to go into the details of the minimum requirements fora territory to qualify as
dār al-Islam
. For this purpose, the reader may approach thewritings of Professor Muhammad Mushtaq.
3.
The main issue here is whether the prohibition of 
ribā
is an essential condition.
2 P 
R
  E C   T  C  D -I
4.
The Prophet of Islam (pbuh) concluded an agreement with the Thaqīf. This agree-ment appears to settle the issue beyond any doubt, and it does not leave any room for usto add anything. He (pbuh) made huge concessions for these people, and these conces-sionsreflecthiscompassionandmagnanimity. Yet, hedidnotagreetothecontinuationof 
ribā
in the territory that was now the
dār al-Islām
. We reproduce this agreementfrom Abu ‘Ubayd’s book
Kitāb al-Amwāl
. Some of the footnotes have been removed. Abū ‘Ubayd has the following to say:(507) ‘Uthmān ibn Ṣāliḥ related to us from ‘Abd Allāh ibn Lahī‘a from Abū al-Aswadfrom ‘Urwa ibn al-Zubayr, who said: “This is the document recorded by the Messengerof Allah (pbuh) for the Thaqīf”:In the name of God, the Beneficent, the Merciful.This is a document from Muḥammad, the Prophet and Messenger of Allahfor the Thaqīf.He wrote: They have the protection of God, besides Whom there is no God,and the protection of Muḥammad ibn ‘Abd Allāh, the Prophet, in accordancewith what is written in this epistle. Their entire valley is deemed protectedbyGod,anditisprohibitedtocutanyofitstreesandbushes,tohuntforpreyin it, to do injustice in it, to steal, and to commit an evil deed.
1
The Thaqīf have the foremost right to Wajj,
2
and their Ta’if 
3
is not to be crossed over norwill any Muslim advance upon it to subjugate them. They have the right toconstruct structures or other things in their Taif and their valley in any waythey like. They will not be forced to come out nor will they be charged
‘ushr.
They will not be coerced by causing a threat to their wealth or their lives.
1. That is, it was not permitted to anyone other than the Thaqīf to benefit from their valley in any way.Thus, no one was to cut its trees or hunt in it and no one was to do injustice in it or commit an evilact.2. The name of the valley of the Thaqīf.3. It is the city in which the Thaqīf resided. No one was to subjugate it.

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