KABUL - Despite the Taliban and religious scholars insist that under Islamic law Afghanistan is not a Dar-ul-Harb (house of war), Taliban continue fighting Afghan government and killing civilians. They vehemently reject as baseless claims that the country is a Dar-ul-Harb. Simultaneously, the Taliban also say: “No one has announced that Afghanistan is a Dar-ul Harb.”
However, some religious clerics who are not based in Afghanistan claim that Afghanistan is Dar-ul Harb because Christians and Jews from western countries came to Afghanistan and control the country.
Taliban spokesman Zabihullah Mujahid said he did not want to discuss the position of Afghanistan from the point of view of jurisprudence whether the country is a Dar-ul-Harb or not. He argued it was not his job as a spokesman for the movement to talk about these issues.
Mujahid added: “This is clear that no one has announced Afghanistan as a Dar-ul-Harb. A Dar-ul-Harb has its own conditions. However, without doubt, the position of Afghanistan as Dar-ul-Harb and the current Jihad are two different issues, the ongoing Jihad is to free the country from occupation and the aim is to make an Islamic state. It is not needed to first call Afghanistan a Dar-ul-Harb and then move forward with Jihad.”
Even though Taliban did not announce Afghanistan a Dar-ul Harb, they continue killing Muslims in Afghanistan in contrary to what the Islamic teachings order. Deputy of Afghanistan People’s Will Party, Khalil Ahmad Shankar pointing to Mujahid statement told Pajhwok Afghan News that Taliban had signed a ceasefire agreement with foreign forces and no one has announced Afghanistan a Dar-ul Harb, thus far, the current war cannot be justified and shall stop immediately.
He said: “Taliban used to fought in the past because of the presence of the foreign forces, but Taliban signed peace agreement with them and continue fighting with Afghans Muslims and citizen of this country which has no justification in Sharia Law and continuation of fight against Afghan forces, killing of civilians, suicide and blasts would add nothing but hatred of public towards them and shall cease immediately”.  He went on saying that Taliban are part of this land and shall not kill Afghans to achieve goals of others and shall not present irrational justification for their killings and war.
In accordance with the Islamic political jurisprudence, the world has been divided into five categories — Dar-ul-Islam, where Muslims live and concur), Dar-ul-Kufar, where atheists, Christian and Jwes live and concur, Dar-ul-Harb, where Muslims are oppressed in their land, and Dar-ul-Had, where an agreement is made and lastly Dar-ul Aman where Muslim can live in peace in a non-Muslim country with peace.
This categorisation has been made on the basis of definition and narrations by various sources. By definition, Dar-ul-Islam is considered an area controlled by Muslims and where Islamic teachings are enforced.
But according to an article by Qazi Abu Yousaf, Imam Malik, Imam Shafi and Imam Ahmad (Fiqh leaders in early Islam) believe that a Dar-ul-Islam can be converted into a Dar-ul-Harb. This can happen at a time when the orders of polytheism are implemented, because the manifestation of Islam takes place when the provisions of this faith are practiced, or else the place is considered Dar-ul-Harb.
The source adds that Imam Abu Hanifa differentiated Dar-ul Harb and Dar-ul Islam in three conditions: a) Manifestation and influence of atheist provisions, b) the region is linked with atheist areas and fighting is ongoing there and c) in the area where there is no safety for Muslims and those whose protection is guaranteed by Muslims in their area.
Based on the aforementioned conditions, there are some contradictions between Imam Abu Hanifa and his two students Abu Yousaf and Mohammad Bin Hassan Shaibani. Imam Abu Hanifa considers the fulfillment of all three conditions to consider a location changing from Dar-ul-Islam to Dar-ul-Harb. But both of his students think one of the conditions is sufficient for the conversion of a place from Dar-ul-Islam to Dar-ul-Harb.
The source says Imam Shafi also views Dar-ul-Had — in addition to Dar-ul-Harb and Dar-ul-Islam — as an area where Muslims have an agreement and reconciliation with atheists on a business or a levy.
The article states: “It is not clear whether the city where Muslims and atheists live together is a Dar-ul-Islam or Dar-ul-Harb. Some considered that a Dar-ul-Islam can never be scrapped even if its atheists rule the city, they consider it Dar-ul-Islam and the Muslims must re-occupy it from atheists.
“Some others believe that in areas where Islamic provisions are enforced and atheists are limited and are as guaranteed, then the place is Dar-ul-Islam, while the opposite where atheists have power, then the area is considered Dar-ul-Harb”
In an essay by Maulvi Jamaluddin Taib, the aforementioned details have been cited. With reference to some books, Dar-ul-Harb is an enemy country which is at war with Muslims.
The Fatwa Department of the Academic Forum Directorate at the Ministry of Hajj and Religious Affairs, when asked to define Dar-ul-Harb and whether or not Afghanistan is a Dar-ul-Harb, gave Pajhwok Afghan New a detailed response, the response of the ministry can be seen here.
The source writes: “The famous scholar of the Hanafi Jurisprudence, Badi u Sanai Sahib says about the definition of Dar-ul-Islam and Dar-ul-Harb that a country can be known for the reasons due to which it can be a Dar-ul-Islam or a Dar-ul-Harb.”
Asked which country is called Dar-ul-Harb, the ministry replied a state that met the three conditions set out by Imam Abu Hanifa. It referred to the well-known Hanfi jurisprudence book Radul Mukhtar, volume 3, page 349, which reads: “A Dar-ul-Islam cannot be a Dar-ul-Harb, but with the three conditions. One, the provisions of polytheism are applied. Two, the country is connected with Dar-ul-Harb. Three, there is no guarantee of Muslim safety in the country as before.”
According to the source, “Al Mosya al-Fiqha Al-Kiwinia”, volume 20, page 206, a Dar-ul-Harb is defined as a land where the atheist’ provisions rule openly”.
The Fatwa Department added that the authors of Badayee Sahibain had provided a justification for designation of a place as Dar-ul Islam and Dar-ul Harb based on what emerges there. If the orders are Islamic in an area, the place is called Dar-ul Islam and the place where atheism emerges is called Dar-ul-Harb.
The source, referring Badi u Sanayee, volume 7, page 131, writes quotes from Imam Abu Hanifa are justifiable and the attribution of Islam and Harb to a place is not merely Islam or atheism, but the objective is peace and fear.
In other words, in a country where Muslims are fully safe (enjoying legal, political and social support) and atheists are fully in fear is called Dar-ul-Islam. On the contrary, a country where atheists are fully safe (enjoying legal, political and social support) and Muslims are in a state of fear is called Dar-ul Harb. (Pajhwok)