Criterion of Dar al-Islam and Dar al-Kufr in Salafi Jihadi jurisprudence and Imami jurisprudence (comparative study)

Subject Areas : Jurisprudence of war and jihad

Ehsan Khamnavi Kiabani ¹ , seyed mohammad sadegh mousavi ² , seyed abogrhasem naghibi ³ , Kazem Rahman Setayesh ⁴

1 - Science and Research Branch, Islamic Azad University
2 - Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Sciences, Science and Research Unit, Islamic Azad University, Tehran, Iran
3 - Motahhari University
4 - Assistant of Qom University, Department of Law and Jurisprudence, Qom, Iran

Received: 2023-12-10 Accepted : 2024-11-07 Published : 2025-05-01

Keywords: Dar al-Islam, Dar al-Kufr, implementation of Islamic rules, Muslim government, Islamic government,

Abstract :

"Dar al-Islam" and "Dar al-Kafr" are among the concepts that are the source of disagreement among jurists. The lack of a clear standard and index has caused the views of jurists to differ from each other. In Imami jurisprudence, generally, two bases have caused disagreements among jurists. Some jurists consider geographical borders as criteria and others consider religious borders as criteria; However, following the works of Imamiyya jurisprudence, it seems that three criteria a) the majority of Muslims, b) the implementation of divine decrees and c) the Islamic government are decisive. On the other hand, in the jurisprudential works of Jihadist Salafism, it seems that the criterion for the realization of Dar al-Islam is the implementation of Islamic rules.This research is descriptive-analytical and follows the emergence of different concepts such as nation, country, state, and follows the sources of Imamiyyah jurisprudence and Salafiyyah jurisprudence sources, looking for the criteria of Dar al-Islam and implementing its works. It seems that what is comprehensive of all definitions and a general and correct criterion for distinguishing Dar al-Islam and Dar al-Kufr is the establishment of Islamic government.