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								    <a href="https://hikmetkapisi.com/en/author/nizameddin29/" rel="author">Nizamuddin Demir</a>							    </span>
							    							    <span class="meta-date" datetime="17 May 2025"><i class="fa fa-calendar"></i>May 17, 2025</span>
							    <span class="meta-categories"><i class="icon-suitcase"></i><a href="https://hikmetkapisi.com/en/category/islami-arastirmalar/fikih/" rel="category tag">Canon law</a> , <a href="https://hikmetkapisi.com/en/category/genel/" rel="category tag">General</a></span>
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							<p>In the society we live in   <strong>“homeland” and “citizenship”</strong> Everyone knows the terms. Those who pray are not unfamiliar with concepts such as homeland asl, homeland of residence and homeland of travel. In the last century, the concept of homeland has acquired a completely new meaning, outside of its jurisprudential nature. This new nature has dealt a major blow to the concept of dar.</p>
<p>In the dictionary, Dâr means; <strong>“A settlement, a town, a place where a tribe stays and resides”</strong> It is used in the sense of I. As a matter of fact, the phrase Daru's-Sunna is famous for Medina.2 In all reliable sources; <strong>“the house of Islam, the house of polytheism, the house of infidelity, the house of the changed and the house of war”</strong> It is possible to come across such combinations. If you pay attention, quality is always in the foreground in the combinations. Because, for the believer, both the east and the west of the earth belong to Allah Almighty (swt). Who is the creator of all the worlds and the provider of order between them? Every believer gives the same answer to the question: Of course, it is Allah Almighty (swt). In the Holy Quran: “It is not befitting for a believer to kill another believer except by mistake. Whoever kills a believer by mistake, he must free a believing slave and pay blood money to his family, unless they donate it as charity. If the one killed was a believer and from a people who are your enemies, then the killer must free a believing slave. If he was from a people with whom you have an agreement, then blood money must be paid to his heirs and free a believing slave. Whoever cannot find it, then he must fast for two consecutive months, so that his repentance will be accepted by Allah Almighty (swt).” It is stated that “Allah knows everything, He is the owner of true judgment and wisdom” (3).</p>
<p>After mentioning this verse, Imam-i Shafi'i (rh.a) stated the following: “As it is seen, Allah Almighty (swt) has ordered blood-money for a believer who is killed by mistake and the freeing of a slave. He has also stated the situation of those whose blood, homeland and covenant are to be protected in the treaty (darul-musalaha) between us. As for the believer whose blood and homeland are not innocent and who lives in the (darul-harb) there is no blood-money, but there is expiation. Because the blood of the believer is protected because he has faith.” It is also in the sunnah of the Messenger of Allah (pbuh)  <strong>“the realm of Islam and the realm of war”</strong> We come across the concepts. <strong>“The house of Islam protects those who live in it from all kinds of aggression, while the house of war makes it permissible for those who live in it.”</strong>Hadith (5) expresses the essential security of people.</p>
<p>Since Dar al-Islam forbids all kinds of aggression, the people there have security of life, property, offspring, mind and religion. However, it is not possible to talk about such security in Dar al-Harb. The Messenger of Allah (pbuh)  <strong>“The limits are not applied in the realm of war.”</strong> The 6th hadith is a clear example of this. Again, it was narrated from a jurist like Hz. Makhul (rh.a): <strong>“There is no interest between a believer and a warlord in the realm of war.”</strong> The hadith (7) indicates a differentiation in terms of security of property and transactions. The nature of the concepts of dar al-Islam and dar al-harb in the Quran and Sunnah has been explained by the jurists.</p>
<p>Especially <strong>“Sirah” and “Jihad”</strong> In his discussions, the nature of the concepts was emphasized with sensitivity. Imam-i Sarakhsi; <strong>“The concept of dar acquires its essence according to administration and sovereignty. The lands under the rule of Muslims and where the rules of Islam are applied are called dar al-Islam; the land under the dominance (sovereignty) of the imam of the believers and where the rules of Islam are in effect. Dar al-Harb is the land under the command and administration of the leader of the infidels and where the rules of disbelief are in effect.”</strong> (9) The Hanafi scholars have definitely agreed on these definitions. Not a single disagreement can be shown. However, <strong>“Under what conditions does a country that is a realm of Islam become a realm of war?”</strong> While looking for an answer to the question; it is known that there are different ijtihads between Imam-i Azam Abu Hanifa (rh.a) and Imamayn (Imam-i Muhammad and Imam-i Yusuf).</p>
<p>Now let us explain this briefly. Three dangers can be mentioned for an Islamic land (dârû'l-Islam) that is ruled by the rules sent down by Allahû Teâla (swt):</p>
<p><strong>First:</strong> Unbelievers may invade and conquer.</p>
<p><strong>Latter:</strong> The people of a city or region may collectively apostatize and take over a town within the home of Islam.</p>
<p><strong>Third:</strong> Non-Muslims who are bound to the commander of the believers (ulu'lamr) by a zimmet contract can break this agreement and seize the town they are in(10). In all three cases, jihad becomes obligatory on all believers. According to Imam-i Azam Abu Hanifa (rh.a); in order for it to become a war zone, the following three conditions must be met:</p>
<p><strong>First:</strong> The rules of polytheism must be implemented within it. The Muslims under occupation must be unable to rule among themselves with any of the rules of sharia.</p>
<p><strong>Latter:</strong> There should not be any Muslim or dhimmi left in it who is trustworthy due to the previous trust and self (i.e., because of the allegiance of the believers and the agreement of the dhimmis)(11). <strong>According to the opinion of Imamayn, with the implementation of the rules of unbelief, a land that was the home of Islam becomes the home of war. This is the analogy.</strong>(12) After mentioning the words of the Imams, Omer Nasuhi Bilmen said: <strong> “Therefore, any country whose ruler is a warlord is considered to be a land of war, even if it is connected to the land of Islam. This is the one that is muftabih (with which a fatwa is given).”</strong> (13) He points out the choice of the scholars.</p>
<p>Imam-i Malik and Imam-i Ahmad b. Hanbal (may Allah be pleased with them) agree on the rule that “A land that is abode of Islam becomes abode of war when the rules of disbelief are openly implemented”!.. According to the ambiguous opinion of Imam-i Shafi’i (may Allah be pleased with him); a land that is abode of Islam does not become abode of war with the invasion. Because it is obligatory to wage jihad against the invaders (whether they are infidels or apostates) until the last Muslim is martyred. Since jihad continues, the old rule remains valid. Because it is established by the Sunnah that “Islam is superior, there can be no superiority over it!” While explaining the conditions set by Imam-i Azam Abu Hanifa, Imam-i Kasani mentions the following: “The purpose of attributing dar to Islam or kufr is not Islam itself or kufr. The purpose is security and fear. If in a place, security absolutely belongs to the Muslims and fear likewise belongs to the kufr, that place is dar al-Islam. However, if security (due to their dominance) absolutely belongs to the kufr and fear belongs to the Muslims, that place is dar al-kufr. Implementing the rules is an event based on security and fear. For this reason, it is better to take security and fear into consideration.”(14)</p>
<p>Now let us seek the answer to the question, “Under what conditions does a land that is dar al-harb become dar al-Islam?” Hanafi scholars: <strong>“The Darû’l-harb becomes the Darû’l-Islam on one condition. This condition is that the rules of Islam are implemented in that land.”</strong> (I5) They are unanimous in the ruling, there is no disagreement on this point. Molla Khusraw mentions the ruling: “The land in which the rules of Islam are implemented becomes the abode of Islam. Like the performance of Friday and Eid prayers!.. Even if the infidels who are residents of that land (the abode of harbin) stay there, and even if that land is not adjacent to the abode of Islam, the situation is the same.”16 As it is known, according to Hanafi scholars, “The performance of Friday and Eid prayers is performed with the permission of the scholars of the believers in cities where the rules of Islam are applied. There is a sunnah regarding this matter.” When the rules of Islam are applied, it is established that the administration and sovereignty in that city passes to the believers!.. If the believers in a city perform the Friday prayer behind the imam appointed by the political administration in that city, instead of the Friday imam they have chosen, they cannot talk about jihad against that political administration. Because every act of worship is performed by complying with the conditions of its performance.</p>
<p>The conditions for performing Friday and Eid prayers are the conditions sought after by the person who is responsible. The existence of those conditions is definitive evidence that they have the authority and sovereignty. Believers who imitate the Hanafi school of thought in practice should be careful about this! ..As for the jurisprudential situation of Turkey!.. This issue was discussed during the years of the collapse of the Ottoman Empire (sultanate) and the foundation of the Republic.</p>
<p>The last Ottoman Sheikh-ul-Islam, Mustafa Sabri Efendi, wrote in the introduction of his work Kitabû'l-İlm ve'l-Akl ve'l-Mâkûl: <strong>“The world is divided into two in terms of law: Dar al-Islam and Dar al-Harb!.. In Dar al-Islam, Islamic jurisprudence prevails in life, all affairs are regulated according to the rules revealed by Allah Almighty (swt). There, believers are safe and in a dominant position. In Dar al-Harb, the rules of Islam are openly rejected and Muslims lose their security.    </strong> He declared that this was a fatwa by saying, "The democratic-secular republic established in Türkiye, by accepting the civil code, has abolished Islamic jurisprudence and has started to rule in other matters with the laws brought from Europe. For this reason, it has been included in the second part (dârû'l-harbe)."</p>
<p>Prof. Dr. Erol Güngör; Because Şeyhülislam Mustafa Sabri Efendi did not like the founders of the Republic of Türkiye, <strong>“Türkiye is a land of war”</strong> He is of the opinion that he said this.(I7) In his work titled History of Contemporary Thought in Türkiye, Prof. Hilmi Ziya Ülken describes Mustafa Sabri Efendi as follows: <strong>“with a rigid rule-based attitude”</strong> (18) This attitude of university circles has also been reflected in religious circles defending democracy and the republic in recent years. From time to time: <strong>“Sir, they say that Türkiye is a war zone. They are a group of subversive people. They are harming Islam because of their ignorance.”</strong> There are emotional rather than scientific statements such as these. These kinds of statements, especially those made through stencils and small brochures (usually unsigned), have no scientific value. However, the statements in the book and the sunnah <strong>"narrow"</strong> It cannot be denied that they played an important role in bringing the concept to the agenda.</p>
<p><strong>               RESOURCES</strong></p>
<p><strong>(1) İbn-i Manzur, Lisaııû,l Aı-ab, Beirut: 1955 c. IV, p. 298.</strong></p>
<p><strong>(2) Dr. Subhi es-Salih, Hudis Ilinıleı-i and Hadith Terminology, Ankara, 1971, p. 6 (Copy: M. Yaşar Kandemir)</strong></p>
<p><strong>(3) Surah An-Nisa: 98.</strong></p>
<p><strong>(4) Imam Shafu, al-Risalah, Cairo: 1972 (2nd ed.) p: 301-302 Article: 837.</strong></p>
<p><strong>(5) Imam Abu'l-Hasan al-Mawardi, al-Alikāmu's Sultaniye, Cairo: 1966, p. 60.</strong></p>
<p><strong>(6) Imam-i Sarakhsi, al-Mabsut, Beirut: ty, v. IX, page 100. Also Imam-i Marginani, al-Hidayah Sharhu Bidayatul-Muhtadi, Cairo: 1965 v. II, page 103; Molla Khusraw, Durer al-Hukkam fi Sharhu Gureri'l-Ahkam, Istanbul: 1307 v. II, page 66; Ibn Humam, Fathu'l-Qadir, Beirut: 1316, v. V page 300.</strong></p>
<p><strong>(7) Imam-i Sarakhsi, ibid., vol. XIV, page 56; Imam-i Marginani, ibid., vol. III, page 66; Molla Khusraw, ibid., vol. II, page 189; Ibn-i Humam, ibid., vol. V, page 300.</strong></p>
<p><strong>(9) Kuhistani, Jami'ur-Rumuz, Istanbul:1300, v. II, p. 311. </strong></p>
<p><strong>(10) el-Feteva-ı Nindiyye, 1400, vol. II, p. 232; İmam-ı Kasani, el-Bedaiû's Senai, Beirut: 1974, vol. VII, p.131; İbn-i Abidin, Reddü'I Muhtar Ale'd Dürri'l Muhtar, İst:1983, vol. VIII, p. 452</strong></p>
<p><strong>(11) Imam-i Sarakhsi, ibid., vol. VII, page 114; Imam-i Kasani, ibid., vol. VII, page 130; Sheikh Nizamuddin and Heyet, ibid., vol. II, page 232; Ibn-i Abidin, ibid., vol. VIII, page 448.</strong></p>
<p><strong>(12) Sheikh Nizamuddin, ibid., vol. II, page 232. (Turkish version: vol. IV, page 249). Imam al-Kasani, ibid., vol. VIII, page 452.</strong></p>
<p><strong>(13) Ömer Nasûhi Bilmen, Islamic Law and the Law of Technical Jurisprudence, Istanbul: 1976, v. III, page 370, Article: 281.</strong></p>
<p><strong>(14) Imam-i Kasani, ibid., vol. VII, p.131.</strong></p>
<p><strong>(15) Sheikh Nizamuddin and Heyet, ibid., vol. II, page 232; Ömer Nasuhi Bilmen, ibid., vol. III, page 369 Item: 278; Imam-i Kasani, ibid., vol. VII, page 130; İbn-i Abidin, aSe, vol. VIII, page 448.</strong></p>
<p><strong>(16) Molla Husrev, Durer'u Huqkam fi Sharhu Gureri'l Ahkam, Istanbul, 1307, vol. I, p. 295.</strong></p>
<p><strong>(17) Prof. Dr. Erol Güngör, /.Islam's Current Issues, Istanbul:1981, p. 235.</strong></p>
<p><strong>(18) Prof. Hilmi Ziya Ülken, Contemporary History of Thought in Türkiye, Istanbul: 1979, p. 198.</strong></p>
<p>Yusuf KERIMOGLU</p>
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