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Darul Harb
Question 1: What is a "Darul Harb"?
Question 2: Is the Republic of South Africa a "Darul Harb"?
7th Muharram 1412 A.H.
20 July 1991
Mr. Haroon Tar
Ladysmith
Natal
South Africa
THE ANSWER
1: "Darul Harb" is a non-Muslim country.
2: It is, therefore, true on the Republic of South Africa as it is a non- Muslim country from the very beginning. Hence, this technical term is applicable on every non-Muslim country as well as South Africa. It is historically proven that South Africa was never under the Islamic rule so the basic condition of it being a Darul Islam is not applicable. Hence, it is a Darul Harb and it is clear and needs no explanation.
If, for example, it was a Darul Islam long ago and afterwards the Islamic government came to an end and a non-Muslim government came into place and the non-Islamic ordinance was issued throughout the country so that no one could enjoy the previous peace and the country was adjoined with the non-Muslim countries in every respect. In such a case, too, it becomes a Darul Harb.
Following this is a categorical injunction from Islamic Jurisprudence.
The great Muslim theologians, Hadrat Allama Qaazi and Hadrat Ala'uddin Haskafi (rahmatullah Ta'ala alaihuma) have stated in their works "Tanweerul-Absar" and "Durre Mukhtaar", respectively that:-
Suppose that South Africa is still Darul Islam. The very rule of your issue remains. As I have said before, (refer to Fatwa on interest) that the condition for a profit to be considered as interest lies when there is a dealing between a Muslim and a Zimmi Kaffir. On the other hand, if there is a dealing between a Muslim and a Harbi Kaffir, it would not be considered as interest, but as profit and it would be legal for a Muslim despite the fact that the dealing takes place in Darul Islam.
[Mufti] Mohammad Akhtar Raza Khan Qadiri Azhari