Dar Al-Islam (Islamic Abode) is the territory where the rules of Islam are implemented and its security is upheld by Islam. Dar Al-Kufr (abode of disbelief) is the territory where the rules of Kufr are implemented or its security is upheld by other than the security of Islam.

Dar has several meanings:Linguistically: “abode”, such as His (swt) words:

“And We caused the earth to swallow him and his home.” (TMQ 28:81) and “way-station”, and every place that a people settle is their Dar. Such as His words:

“So the earthquake seized them, and they became within their home [corpses] fallen prone.” (TMQ 7:91)

, and it means: “city”. Sibawayh stated: “This Dar is a beautiful city and “abode and place” such as His words:

“And how excellent is the home of the righteous.” (TMQ 16:30)”. In the same manner, it metaphorically means “tribe”, such as the narration of Abu Hamid Al-Sa’adi in Bukhari from the Messenger (pbuh) who said: .

»... إِنَّ خَيْ رَ دُورِ الأَنْصَارِ دَارُ بَنِي النَّجَّارِ «

“Truly, the worthiest settlements of the Ansar are those of Banu Najjar..

 ” And Dar can be adjoined to the names of things such as His (swt) words

“I will show you the home of the defiantly disobedient.” (TMQ 7:145),

“And how excellent is the home of the righteous.” (TMQ 16:30),

“But they hamstrung her, so he said, "Enjoy yourselves in your homes for three days. That is a promise not to be denied."” (TMQ 11:65), and His (swt) words:

“And He caused you to inherit their land and their homes and their properties.” (TMQ 33:27). And similarly in the narration of Buraydah in Muslim where the Messenger of Allah (pbuh) said,

» ثُمَّ ادْعُهُمْ إِلَى التَّحَوُّلِ مِنْ دَارِهِمْ إِلَى دَارِ الْمُهَاجِرِينَ ...«

“…Then invite them to move from their territory to that of the emigrants (Muhajirin)” and the narration of Salima Bin Nufail from Ahmad that he said:.

» أَلاَ إِنَّ عُقْرَ دار المؤمنين الشام «

“the worthiest of the believers’ abode is as-Sham” And it could be adjoined to meanings such as His (swt) words:

 “Have you not considered those who exchanged the favor of Allah for disbelief and settled their people [in] the home of ruin?” (TMQ 14:28). And His words:

“He who has settled us in the home of duration out of His bounty.” (TMQ 35:35). And in the narration of Ali (ra) from Ibn Asakir with a Hasan Sahih chain, and in Tirmidhi: The Messenger of Allah (pbuh) said to me:

 » رَحِمَ اللَّهُ أَبَا بَكْرٍ زَوَّجَنِيَ ابْ نَتَهُ وَحَمَلَنِي إِلَى دَارِ الْهِجْرَة «

“May Allah have mercy upon Abu Bakr, he married his daughter to me and carried me to the land (abode) of migration (Dar-Al-Hijrah)”. And the narration of Ibn Abbas in Daraqutni saying: The Messenger of Allah (pbuh) said:

 إِذَا خَرَجَ العَبْدُ مِنْ دَارِ الشِّرْكِ قَ بْلَ سَيِّدِهِ فَ هُوَ حُرٌ، وَإِذَا خَرَجَ مِنْ بَ عْدِهِ رُدَّ « إِلَيْهِ. وَإِذَا خَرَجَتِ المَرْأَةُ مِنْ دَارِ الشِّرْكِ قَ بْلَ زَوْجِهَا تَ زَوَّجَتْ مَنْ شَاءَتْ ، وَإِذَا خَرَجَتْ » مِنْ بَ عْدِهِ رُدَّتْ إِلَيْهِ

“If the slave leaves the abode (land) of Shirk (Dar-Al- Shirk) before his master, then he is free, and if he leaves after him, then he is returned to him, and if a woman leaves the abode (land) of Shirk before her husband, she can marry whom she pleases, and if she leaves after him, then she is returned to him.”

And the Shari’ah adjoined the term Dar to two words from meanings – being: Islam and Shirk. Tabarani has a version of the previously mentioned narration of Salima Bin Nufail in the Musnad Al-Shamiyin with the words

» أَلاَ إِنَّ عُقْرَ دَارِ الإسلام الشَّامُ «

“the worthiest of the believers’abode (land) is as-Sham”. So, the word Dar here is added to Islam. And likewise, Al- Mawardi narrated in Al-Ahkam Al-Sultaniyya and in Al-Hawi Al-Kabir that the Messenger of Allah (pbuh) said

 » مَنَ عَتْ دَارُ الإِسْلاَمِ مَا فِيهَا، وَأَبَاحَتْ دَارُ الشِّرْكِ مَا فِيهَا «

“The land of Islam (Dar-Al-Islam) has probibited whatever in it, and the land of polytheism (Dar-Al-Shirk) has permitted whatever in it.” in respect to the sanctity of blood and wealth in the abode of Islam…except by its right in agreement with the rules of the Shari’ah, and with respect to the absence of sanctity of the abode of Shirk (the abode of war “Dar Al-Harb”) in the sitution of actual war, as in the rules regarding fighting and booty….in agreement with the rules of the Shari’ah. This division encompasses the whole world, so there is not a part from it which falls outside of either the abode of Islam (Dar Al-Islam) or the abode of Shirk, or in other words, the abode of Kufr or abode of war (Dar Al-Shirk, Dar Al-Kufr, Dar Al-Harb).

The abode is considered an abode of Islam if it fulfils two conditions:

Firstly: that the security is upheld by the Muslims, according to the evidence that he said to his companions in Makkah

» إِنَّ اللَّهَ عَزَّ وَجَلَّ جَعَلَ لَكُمْ إِخْوَاناً وَدَاراً تَأْمَنُونَ بِهَا «

“Truly, Allah has made brothers to you anda land (an abode) for you to be safe in”. This abode is the Dar Al-Hijrah mentioned in the narration of ‘Ali already mentioned from Ibn ‘Asakir, and in the narration of 'Aisha (ra) in Al-Bukhari in which the Messenger of Allah (pbuh) said:

 » قَدْ أُرِيتُ دَارَ هِجْرَتِكُمْ «

“I have been shown the land (abode) of your emigration”. And the evidence that he and his companions did not emigrate to Madinah until he was sure about the presence of protection and security; Al-Hafiz said in Al-Fateh, Bayhaqi narrated through a strong chain from Al-Sha’bi and Al-Tabarani connected it from the narration of Abu Musa Al-Ansari who said:

 وَمَعَهُ العَبَّاسُ عَمُّهُ إِلَى سَبْعِينَ مِنَ الأَنْصَارِ عِنْدَ  انْطَلَقَ رَسُولُ اللَّهِ « العَقَبَةِ، فَ قَالَ لَهُ أبو أُمامَة - يعني أسعد بن زُرَارة - سَلْ يا محمّد لِرَبِّكَ ولِنَ فْسِكَ ما شِئْتَ، ثُمَّ أَخْبِ رِِْنا ما لَنا من الثَّ وَابِ. قال: أَسْأَلُكُمْ لِ رَبِّي أنْ تَ عْ بُدُوهُ وَلا تُشْرِكُوا به شيئاً، وأَسْأَلُكُمْ لِنَ فْسِي ولأَصْحَابِي أنْ تُ ؤْوُونَا وتَ نْصُرُونَا وتَمْ نَ عُونَا مِمَّا تَمْ نَ عُونَ منه » أَنْ فُسَكُمْ. قالوا: فَما لَنا؟ قال: الْجَ نَّةُ. قالوا: ذلِكَ لَكَ

“The Messenger of Allah (pbuh) set off with his uncle Al- ‘Abbas to meet seventy of the Ansar at Al-‘Aqabah, and Abu Umama said to him – Asad Bin Zurara – O Muhammad ask for your Lord and yourself whatever you want, then he informed us of what reward we will have. He said: I ask you for my Lord, to worship Him and do not associate anything else with Him, and I ask you for myself and my companions to accommodate us, and support us, and protect us from what you protect yourselves. They said: What is for us? He said: Paradise. They said: What you asked for is yours”.

And the evidence related by Ahmad from Ka’ab Bin M’alik through a Sahih chain, that the Messenger of Allah (pbuh) said:

 أُبَايِعُكُمْ عَلَى أَنْ تَمْنَ عُونِي مِمَّا تَمْنَ عُونَ مِنْهُ نِسَاءكَُمْ وَأَبْ نَاءكَُمْ قَالَ فَأَخَذَ « الْبَ رَاء بْنُ مَعْرُورٍ بِيَدِهِ ثُمَّ قَالَ نَ عَمْ وَالَّذِي بَ عَثَكَ بِالْحَقِّ لَنَمْنَ عَنَّكَ مِمَّا نَمْنَعُ مِنْهُ أُزُرَنَا » فَ نَحْنُ أَهْلُ الْحُرُوبِ وَأَهْلُ الْحَلْقَةِ وَرِثْ نَاهَا كَابِرًا عَنْ كَابِرٍ  فَ بَايِعْنَا يَا رَسُولَ اللَّهِ

“I pledge to you that you protect me from that which you protect your women and children from. So Al-Baraa Bin Ma’ror took him by his hand and said: Yes, by the One who sent you with the Truth, we will most certainly protect you from that which we protect our people, and so give us the pledge- oh Messenger of Allah (pbuh) , we are people of wars and weaponry, which we have inherited from our forefathers”. And in a Sahih narration by Ahmad from Jaber that he said in the pledge of ‘Aqabah

 وَعَلَى أَنْ تَ نْصُرُونِي فَ تَمْنَ عُونِي إِذَا قَدِمْتُ عَلَيْكُمْ مِمَّا تَمْنَ عُونَ مِنْهُ ...« »... أَنْ فُسَكُمْ وَأَزْوَاجَكُمْ وَأَبْ نَاءكَُمْ، وَلَكُمُ الْجَنَّةُ

“…and to give support to me and protect me from whatever you protect yourselves, your wives and your children (when I come to you), and (if you do that) your reward is Paradise”. And in the Dala’il Al-Nabuwa by Al-Bayhaqi, with a strong, good chain from ‘Ubadah Bin Samit who said

 إِذَا قَدِمَ عَلَيْ نَا ي ثْرِبَ مِمَّا نَمْنَعُ أَنْ فُسَنَا  وَعَلَى أَنْ نَ نْصُرَ رَسُولَ اللَّهِ « »... وَأَزوَاجَنا وَأَبْ نَاءَنَا وَلنَا الجَّنَّةَ

“And to give support to the Messenger of Allah (pbuh) from that which we protect ourselves, our wives and our children (when He arrives to us at Yathrib), and we will attain Paradise”.

The Prophet (pbuh) (pbuh) refused to emigrate to any place which did not have security, power and protection. Al-Bayhaqi narrated through a Hasan chain from ‘Ali that the Messenger of Allah (pbuh) said to the Shayban b. Tha’labah tribe:

 مَا أَسَأْتُمْ فِي الرَّدِّ إَذْ أَفْصَحْتُمْ بِالصِّدْقِ، وَإِنَّ دِينَ اللَّهِ لَنْ يَ نْصُرَهُ إِلاَّ مَنْ « » حَاطَهُ مِنْ جَمِيعِ جَوَانِبِهِ

“You have not replied badly since you expressed the truth; the Deen of Allah is not given support (succor) except when who can help it –help it from all sides”. This was after they had offered to support him with respect to the Arabs while excluding the Persians.

Secondly: That the rules of Islam are implemented therein. This is from the evidence of Al-Bukhari from Ubada Bin Samit who said:

 فَ بَايَ عْنَاهُ، فَ قَالَ فِيمَا أَخَذَ عَلَيْ نَا أَنْ بَايَ عَنَا عَلَى السَّمْعِ  دَعَانَا النَّبِيُّ « وَالطَّاعَةِ فِي مَنْشَطِنَا وَمَكْرَهِنَا، وَعُسْرِنَا وَيُسْرِنَا، وَأَثَ رَةً عَلَيْ نَا، وَأَنْ لاَ ن نَُازِعَ الأَمْرَ أَهْ لَهُ » إِلاَّ أَنْ تَ رَوْا كُفْ راً بَ وَاحاً عِنْدَكُمْ مِنْ اللَّهِ فِيهِ ب رُْهَانٌ

“The Prophet (pbuh) called us and we gave him the Pledge of allegiance for Islam, and among the conditions on which he took the Pledge from us, was that we were to listen and obey (the orders) both at the time when we were active and at the time when we were tired, and at our difficult time and at our ease and to be obedient to the ruler and give him his right even if he did not give us our right, and not to fight against him unless we noticed him having open Kufr (disbelief) for which we would have a proof with us from Allah”. And listening to and obeying the Messenger of Allah (pbuh) is with regards to his orders and prohibitions, in other words, in respect to the implementation of laws. Another evidence is what Ahmad narrated, Ibn Hibban in his Sahih collection and Abu ‘Ubayd in Al-Amwal by ‘Abd Allah b. Amr from the Prophet (pbuh) who said:

 وَالْهِجْرَةُ هِجْرَتَانِ هِجْرَةُ الْحَاضِرِ وَالْبَادِي فَأَمَّا الْبَادِي فَ يُطِيعُ إِذَا أُمِرَ « » وَيُجِيبُ إِذَا دُعِيَ وَأَمَّ ا الْحَاضِرُ فَأَعْظَمُهُمَا بَلِيَّةً وَأَعْظَمُهُمَا أَجْرًا

“There are two kinds of emigration, the emigration of the town dweller and the emigration of the Bedouin. As for the Bedouin, when he is called (to fight in Jihad) he must respond, and he must obey when he is commanded, and as for the town dweller, he is the one who is more severely tested and more greatly rewarded.”. The angle of inference is clear from his words

 » فَ يُطِيعُ إِذَا أُمِرَ وَيُجِيبُ إِذَا دُعِيَ «

“he must respond and, must obey when he is commanded”, since the desert was part of the abode of Islam (Dar Al-Islam) even if it was not the abode of emigration (Dar Al-Hijrah). And accordingly with the evidence of the narration of Wathilah b. Al-Asqa’ in Al- Tabarani, Al-Haythami said through a chain whose people are all trustworthy that the Messenger of Allah (pbuh) said to him

 وَهِجْرَةُ البَادِيَةِ أَنْ تَ رْجِعَ إِلَى بَادِيَتِكَ، وَعَلَيْكَ السَّمْعُ وَالطَّاعَةُ فِي عُسْرِكَ « »... وَيُسْرِكَ وَمَكْرَهِكَ وَمَنْشَطِكَ وَأَثْ رَةٍ عَلَيْكَ

“The migration of the nomad is to return to your wilderness, and to listen and obey in times of hardship and ease,whether you are willing or unwilling, and when someone is given undue preference to you…” and the evidence that Ahmad narrated with a Sahih chain from Anas:

 إِنّي لأَسْعَى في الغِلْمانِ يَقولونَ جاءَ مُحمّد، فَأَسْعَى فَلا أَرى شَ يئاً. ثُمَّ « وصاحِبُهُ  يَقولونَ: جاءَ مُحمّد، فَأَسْعَى فَلا أَرى شَيْئ اً. قال: حتى جاءَ رَسولُ اللَّهِ أبو بَكْر، فَكُنّا في بَ عْضِ حِرارِ المدينة، ثُمَّ بَ عَثَا رَجُلاً مِنْ أَهْلِ المدينة لِيُ ؤْذِنَ بِهِما الأنصارَ، فَاسْتَ قْبَ لَهُمَا زُهَاءُ خَمْسِمائةٍ مِنَ الأَنْصَارِ حتى انْ تَ هَوْا إِلَيْهِمَا. فقالت الأنصارُ: وصاحِبُهُ بَ يْنَ أَظْهُرِهِمْ. فَخَرَجَ أَهْلُ  انْطَلِقَا آمِنَ يْنِ مُطَاعَيْنِ. فَأَقْ بَلَ رسولُ اللَّهِ »؟ المدينةِ حتّى إِنَّ العَوَاتِقَ لَفَوْقَ البُ يُوتِ يَ تَ رَاءَيْ نَهُ يَ قُلْنَ أَي هُُّمْ هُوَ أَي هُُّمْ هُوَ

“I followed some youths saying that Muhammad has come, so I followed and did not see anything. Then they say – Muhammad has come, so I followed and did not see anything. He said: Until Muhammad and his companion Abu Bakr came, and we were at some Madinah Hirar (sandy and rocky land). Then they sent a man from the people of Madinah to make the Ansar aware of them, and so they were met by about five hundred from the Ansar reaching them. The Ansar said: Proceed in safety and with authority. And so the Messenger of Allah (pbuh) and his companion came from between them. And so the people of Madinah came out, including the women overlooking from their households saying who is he, who is he?”. This narration has the evidence for both of the two conditions of security and the implementation of the laws. With respect to the security – this is proven from the presence of five hundred from the Ansar saying proceed in safety and the Messenger (pbuh) confirmed their words. In the same manner he confirmed their words that the two of them would be obeyed. Accordingly the security and obedience were fulfilled in the abode of emigration (Dar Al-Hijrah) and if they had not been fulfilled the Prophet (pbuh) would not have emigrated.

These two conditions, the fulfillment of security and obedience in the implementation of the laws, were pledged upon by the Ansar in Al-’Aqabah. Al-Bayhaqi narrated with a strong chian from ‘Ubadah b. Samit who said

 عَلَى السَّمْعِ وَالطَّاعَةِ ف ي النَّشَاطِ وَالْكَسَلِ،  إِنَّا بَايَ عْنَا رَسُولَ اللَّهِ ...« وَالنَّ فَقَةِ فِي الْعُسْرِ وَالْيُسْرِ، وَعَلَى الأَمْرِ بِالْمَعْرُوفِ وَالنَّ هْيِ عَنِ الْمُنْكَرِ، وَعَلَى أَنْ نَ قُولَ إِذَا قَدِمَ عَ لَيْ نَا يَ ثْرِبَ  فِي اللَّهِ لاَ تَأْخُذُنَا فِيهِ لَوْمَةُ لاَئِمٍ. وَعَلَى أَنْ نَ نْصُرَ رَسُولَ اللَّهِ الَّتِي بَايَ عْنَاهُ  مِمَّا نَمْنَعُ أَنْ فُسَنَا وَأَزوَاجنَا وَأَبْ نَاءَنَا وَلَنَا الجَّنَّةَ. فَ هَذِهِ بَ يْ عَةُ رَسُولِ اللَّهِ » عَلَيْه

“…We pledged allegiance to the Messenger of Allah (pbuh) to listen and obey when we were busy and inactive, and to spend in times of difficulty and ease, and upon enjoining the good and forbidding the evil, and upon saying the truth regarding Allah not fearing any blame, and that we support the Messenger of Allah (pbuh) when he comes to Yathrib against whatever we protect ourselves, our wives and our sons from, and that (if we do so) our reward is Paradise. This was the pledge that we gave to the Messenger of Allah (pbuh) ”. The obedience is clear in

» عَلَى السَّمْعِ وَالطَّاعَةِ  بَايَ عْنَا رَسُولَ اللَّهِ «

“We took pledge of allegiance to Messenger of Allah (pbuh) to listen and obey.” and the security is that of the Muslims, as made clear by his words

 إِذَا قَدِمَ عَلَيْ نَا يَ ثْرِبَ مِمَّا نَمْنَعُ أَنْ فُسَنَا  وَعَلَى أَنْ نَ نْصُرَ رَسُولَ اللَّهِ « » وَأَرْوَاحَنَا وَأَبْ نَاءَنَا

“and that we support the Messenger of Allah (pbuh) when he comes to Yathrib against whatever we protect ourselves, our wives and our sons.” This meaning was clear from the letter which he wrote between the Emigrants and the Ansar, and made peace with the Jews therein and made a convenant with them. This occurred in the first year of the emigration. This is from the account of Ibn Ishaq and it has been called the sahifa. It says:

 بَ يْنَ المُؤْمِنِينَ  بِسْ مِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ: هَذَا كِتَابٌ مِنْ مُحَمَّدٍ النَّبِيِّ « وَالمُسْلِمِينَ مِنْ قُ رَيْشٍ وَيَ ثْرِبَ وَمَنْ تَبِعَهُمْ فَ لَحِقَ بِهِمْ وَجَاهَدَ مَعَهُمْ أَن هَُّمْ أُمَّةٌ وَاحِدَةٌ مِنْ دُونِ النَّاسِ ... وَإِنَّ المُ ؤْمِنِينَ ب عَْضُهُمْ مُوَالِي ب عَْضٍ دُونَ النَّاسِ ... وَإِنَّ عَلَى اليَ هُودِ نَ فَقَتَ هُمْ وَعَلَى المُسْلِمِينَ نَ فَقَتُ هُمْ، وَإِنَّ بَ يْ نَ هُمْ النَّصْرَ عَلَى مَنْ حَارَبَ أَهْلَ هَذِهِ الصَّحِيفَةِ ... وَإِنَّهُ مَا كَانَ بَ يْنَ أَهْلِ هَذِهِ الصَّحِ يفَةِ مِنْ حَدَثٍ أَوْ اشْتِجَارٍ يُخَافُ »...  فَسَادُهُ، فَإِنَّ مَرَدَّهُ إِلَى اللَّهِ عَزَّ وَجَلَّ وَإِلَى مُحَمَّدٍ رَسُولِ اللَّهِ

“In the name of Allah the Compassionate, the Merciful. This is a document from Muhammad the Prophet (pbuh) between the believers and Muslims of Quraysh and Yathrib, and those who followed them and joined them and struggled alongside them that they are one community (Ummah) to the exclusion of all men…Believers are protectors of one another to the exclusion of outsiders…The Jews must bear their expenses and the Muslims their expenses. Each must help the other against anyone who attacks the people of this document…If any dispute or controversy likely to cause trouble should arise, it must be referred to Allah and to Muhammad the Messenger of Allah (pbuh) ”.

Based upon this, the abode cannot be an abode of Islam unless it fulfilled the conditions that the security was in the hands of the Muslims and that the laws of Islam were implemented, and if one of these two conditions ceased, or was not fulfilled, such as the security falling into the hands of the disbelievers or that the rule of Al-Taghut was implemented amongst the people, the abode would become an abode of polytheism (Dar Al-Shirk) or disbelief (Dar Al-Kufr). It is not a condition that both of these conditions are absent for the abode to transform to an abode of polytheism, rather it is sufficient that one of them is absent for that to occur. The abode being one of disbelief does not mean that all of its inhabitants are disbelievers and if the abode was one of Islam it does not follow that all of its inhabitants are Muslims. Rather the meaning of the term abode (Dar) here is the Shari’ah terminology (Shar’i real meaning) in other words, that the Shari’ah is what gives it this meaning, like the terms prayer (Salah) and fasting (Sawm) and similar from the Shar’i realities .

Based upon this, the term could be applied upon a land where most of the inhabitants are Christians for example, but if it was part of the Islamic State it would be referred to as an abode of Islam (Dar Al-Islam). This is because the rules applied therein are the Islamic laws and the security of the land would be by the security of Islam as long as it remained part of the Islamic State.

And in the same manner, any land where the majority of its inhabitants are Muslims but it was part of a State which did not rule by Islam, nor was it secured by a Muslim army but rather by that of the disbelievers, then the term abode of disbelief (Dar Al26 Kufr) would be applied to it despite most of its inhabitants being Muslims.

So, the meaning of abode (Dar) here is the Shar’i reality (legislative meaning) without regard to where the Muslims were a majority or minority where the term is applied; rather, it is with regard to the implemented laws and the established security for its inhabitants. In other words, the meaning of abode is taken from the legislative (Shar’i) texts which explained this meaning, in the same way that the meaning of the word Salah is taken from the legislative texts which explained its meaning. And in the same manner all the Shar’i real meanings have their meaning derived from the legislative texts and not from the linguistic meaning of the words.

The Islamic belief ('Aqeedah) constitutes the foundation of the state. Hence, nothing is permitted to exist within its entity, its structure or its accountability or any other aspect connected to it, unless the Islamic 'Aqeedah is its basis. At the same time, the Islamic 'Aqeedah acts as the basis of the constitution and Shari’ah laws; thus, nothing related to the constitution or to the laws is permitted to exist unless it emanates from the Islamic 'Aqeedah.

The state comes into being by the emergence of new ideas upon which it is established. The authority (the governing of people’s affairs and the management of their issues) in the state changes when the new ideas change, since if these ideas turned into concepts (i.e. if their meaning was perceived and their credibility was established), they would influence man’s behaviour. This behaviour would then proceed according to these concepts. Thus, man’s viewpoint about life changes, and according to its change, his viewpoint towards the interests also changes. The authority is simply the guardianship of these interests and the supervision of their management; thus the viewpoint about life is the basis upon which the state is built and it is the basis upon which the authority is established. However, the viewpoint about life is generated by a specific thought about life. Hence, this thought about life becomes the basis of the state and the basis of the authority.

Since the specific thought about life is embodied in a host of concepts, criteria and convictions, this host of concepts, criteria and convictions is considered a basis. The authority looks after peoples’ affairs and supervises the management of their interests according to this host of concepts, criteria and convictions. Therefore, the basis is a host of thoughts and not just one single idea. It is this host of thoughts in its entirety that generated the viewpoint about life, and consequently the viewpoint towards the interests was established and the authority set about managing them according to this viewpoint. Therefore, the state was defined as being an executive entity for a host of concepts, criteria and convictions that a group of people had adopted.

This is regarding the state from the fact that it is a state i.e. from the fact that this state is the authority that looks after the interests of people and supervises the management of these interests.

However, this host of thoughts upon which the state is founded i.e. the host of concepts, criteria and convictions could either be built upon a fundamental thought or not built upon a fundamental thought. If it were built upon a fundamental thought, it would be solidly built with strong pillars and a firm entity; since it would rest upon a fundamental foundation. This is so because the fundamental thought is the thought that has no other thought behind it, and that is the intellectual 'Aqeedah. In such a case, the state would be built upon an intellectual 'Aqeedah. On the other hand, if the state were not built upon a fundamental thought, this would ease its destruction and it would not be difficult to demolish its entity and then usurp its authority. This is because it has not been built upon one intellectual 'Aqeedah upon which the state was established. Therefore, it is essential that in order for the state to be a strong entity, it must be established upon an intellectual 'Aqeedah from which ideas that the state was founded upon emanate i.e. an intellectual 'Aqeedah from which the host of concepts, criteria and convictions that represent the idea of the state regarding life emanate and consequently the viewpoint of this state towards life and this is what produces its viewpoint towards the interests.

The Islamic State is built solely upon the Islamic 'Aqeedah because the host of concepts, criteria and convictions which the Ummah (collective of Muslims) has adopted emanate solely from an intellectual 'Aqeedah. The Ummah has first of all adopted this 'Aqeedah and embraced it as a conclusive 'Aqeedah based on decisive evidence. Hence, this 'Aqeedah was its comprehensive idea about life and accordingly its viewpoint about life was shaped and based upon it and its viewpoint towards the interests was derived from it. The Ummah also took the host of concepts, criteria and convictions from it and ,therefore, the Islamic 'Aqeedah is the basis of the Islamic State.

Additionally, the Messenger of Allah (pbuh) established the Islamic State upon a specific basis; ,therefore, this very basis must be the basis of the Islamic State in every era and in every location. When the Messenger of Allah (pbuh) established the authority in Madinah and assumed the rule over it, he established it on the basis of the Islamic 'Aqeedah from the very first day and the verses of legislation had not been revealed yet. Hence, the Messenger of Allah (pbuh) made the Shahadah (testimony) of “There is no true god but Allah and Muhammad is the Messenger of Allah (pbuh)” as the basis of the Muslims’ life and of the relationships between people as well as the basis for removing grievances and settling disputes. In other words, it was the basis of all aspects of life and the basis of authority and government. He (swt) did not stop at that; rather, He (swt) also legislated for Jihad and made it an obligation upon the Muslims in order to carry this 'Aqeedah to all people. Abu Dawud reported on the authority of Abu Hurayrah that the Messenger of Allah (pbuh) (swt) said:

 أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَشْهَدُوا أَنْ لاَ إِلَهَ إِلا اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ « اللَّهِ وَيُقِيمُوا الصَّلاةَ وَي ؤُْتُوا الزَّكَاةَ، فَإِذَا فَ عَلُوا ذَلِكَ عَصَمُوا مِنِّي دِمَاءَهُمْ وَأَمْوَالَهُمْ إِلا » بِحَقِّ الإِسْلامِ، وَحِ سَاب هُُمْ عَلَى اللَّهِ

“I have been commanded (by Allah) to fight people until they testify that there is no true god except Allah, and that Muhammad is the Messenger of Allah (pbuh), and perform Salat and pay Zakat. If they do so, they will have protection of their blood and property from me except when justified by Islam, and then account is left to Allah.” (Agreed upon, text used from Bukhari)

The Messenger of Allah (pbuh) also made the protection of the continued presence of the 'Aqeedah as a basis for the state an obligation upon the Muslims and he ordered the Muslims to brandish the sword and to fight if the flagrant Kufr (disbelief) were to become apparent; in other words, if the 'Aqeedah ceased to be the basis of authority and rule. The Messenger of Allah (pbuh) was asked about the tyrant rulers “the most evil of the leaders”: “Do we challenge them with the sword?” He replied

» لا، مَا أَقَامُوا فِيكُمُ الصَّلاة «

“No, as long as they continue to establish prayer amongst you.” (Muslim), and he made the Bay’a (pledge of allegiance to the ruler) based on the Muslims’ obedience to the people in authority unless the Muslims witness a flagrant Kufr. In the narration of Auf Bin Malik regarding the evil leaders

 قِيلَ: يَا رَسُولَ اللَّهِ، أَفَلا ن نَُابِذُهُمْ بِالسَّيْفِ ؟ فَ قَالَ: لا، مَا أَقَامُوا فِيكُمُ « » الصَّلاة

“It was said O Messenger of Allah (pbuh) – do we not challenge them with the sword? And he replied:"No as long as they establish the prayer” (Muslim). And ‘Ubadah B. Samit said in the agreed upon narration regarding the Bay’a

» وَأَنْ لا ن نَُازِعَ الأمْرَ أَهْلَهُ إِلا أَنْ تَ رَوْا كُفْرًا بَ وَاحًا «

“and that we would not dispute about rule with the people in authority unless we witness evident enfidelity (flagrant Kufr)” and in the narration of Al-Tabarani, the wording was:

» كفراً صُراح اً «

“explicit Kufr”. And in a narration by Ibn Hibban in his Sahih collection, the wording was:

 » إِلاَّ أَنْ تَكُونَ مَعْصِيَةُ اللَّهِ بَ وَاحَ اً «

“unless the disobedience to Allah is flagrant”. All of this indicates that the basis of the state is the Islamic 'Aqeedah, since the Messenger of Allah (pbuh) established the authority upon it, ordered the brandishing of the sword in order to maintain it as a basis for the authority and he also ordered Jihad for its sake. The first Article of the constitution was drafted based on the previously mentioned grounds. This Article prohibits the state from having any concept, conviction or criterion that does not emanate from the Islamic 'Aqeedah. To have the Islamic 'Aqeedah as a nominal basis for the state would not be sufficient; rather, this basis should be reflected in every aspect related to the State’s existence and in every minor or major issue. Hence, it is forbidden for the state to have any concept about life or about ruling unless it emanates from the Islamic 'Aqeedah. The state would not tolerate any concept not emanating from this 'Aqeedah. Therefore, it would not tolerate the concept of democracy to be adopted within the state because it does not emanate from the Islamic 'Aqeedah and because the Islamic Aqidah contradicts with the concepts which emanate from it. Additionally, the concept of nationalism would not be allowed to have any consideration whatsoever because it does not emanate from the Islamic 'Aqeedah and because the concepts which emanate from the Islamic 'Aqeedah abhor it, prohibit it and outline its danger. Likewise, the concept of patriotism should not have any existence, for it does not emanate from the Islamic 'Aqeedah and because it contradicts with the concepts that emanate from the Islamic 'Aqeedah. Furthermore, the apparatus of the State would not have any ministerial departments according to the democratic understanding and nor should there be in its government any imperial, monarchical or republican concepts for these do not emanate from the 'Aqeedah of Islam and they contradict with the concepts emanating from it. Furthermore, it is categorically forbidden for individuals, movements or groups to account the Islamic State on other than the basis of the Islamic 'Aqeedah. Hence, such type of accounting that is based upon other than the Islamic 'Aqeedah would be prohibited and the establishment of movements and groups on other than the basis of the Islamic 'Aqeedah would be prohibited. The fact that the Islamic 'Aqeedah acts as the basis for the State makes all of this binding upon the State itself and makes it incumbent upon the citizens over which it rules. This is since its life, in its capacity as a state, as well as the life of every matter originating from it in its capacity as a state, and every action linked to it in its capacity as a state, and every relationship established with it in its quality as a state, must have as its basis the 'Aqeedah of the State, that is the Islamic 'Aqeedah.

As for the second issue in the Article, its evidence is reflected in the fact that the constitution is the fundamental law (Qanun Al-Asaasi) of the State; thus, it is a law, and the law itself is the order of the authority. Allah (swt) ordered the ruler to rule by what He (swt) revealed to the Messenger of Allah (pbuh) and described the one who rules by other than what Allah (swt) has revealed as a disbeliever if he believed in what he ruled by and believed in the unsuitability of what Allah (swt) revealed to His Messenger . He (swt) described the ruler who rules by other than what He (swt) revealed but did not believe in it as ‘Aassi (disobedient). This indicates that belief in Allah (swt) and His Messenger must be the basis of the orders of the ruler; that is, the basis of the laws and the basis of the constitution. As for the command of Allah (swt) to the ruler to rule by what He (swt) revealed, in other words, by the Shari’ah rules, this is established in the Book and the Sunnah. Allah (swt) says,

 “But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves.” (TMQ 4:65) and says,

“And judge, [O Muhammad], between them by what Allah has revealed.” (TMQ 5:49). Allah (swt) has confined the State’s legislation to what He had revealed and He warned against ruling by other than it. He (swt) says,

“And whoever does not judge by what Allah has revealed - then it is those who are the disbelievers.” (TMQ 5:44). Also, the Messenger of Allah (pbuh) said in an agreed upon Hadith,

 » مَنْ أَحْدَثَ فِي أَمْرِنَا هَذَا مَا لَيْسَ فِيهِ فَ هُوَ رَد «

“Whoever introduces into our matter (Islam) something that is not in it, then it is rejected” (Agreed upon, text from Bukhari), and in the narration in Muslim

 » ما ليس منه «

“something that is not from it”, and in the narration from Ibn Hazm in Al-Muhalla and Ibn ‘Abd Al-Barr in Al-Tamhid

 » كُلُّ عَمَلٍ لَيْسَ عَلَيْهِ أَمْرُنَا فَ هُوَ رَد «

“Every action which is not based upon our command, it is rejected”. This indicates that the legislation of the State must be confined to what emanates from the Islamic 'Aqeedah; these are the Shari’ah rules which we certainly believe that Allah (swt) has revealed to the Messenger of Allah (pbuh) , whether their revelation were explicit; by stating that it is the rule of Allah (swt) and it is reflected in the Book, the Sunnah or the Sahabah (companions of the Prophet) unanimously consented that it is the rule of Allah (swt), or whether their revelation was implicit; by saying this is an indication of the rule of Allah (swt) taken by way of analogy whose ‘Illah (reason) is a Shari’ah ‘Illah. This is why the second issue has been drafted in the Article.

In addition, since the actions of the worshippers must be confined to the address of the Legislator (swt), their governing should, therefore, be from Allah (swt), and the Islamic Shari’ah came to address all the actions of people and all of their relationships, whether these relationships were with Allah (swt), with themselves or with other people. Hence, there is no place in Islam for people to enact laws from themselves in order to govern their relations for they are restricted to the laws of Shari’ah. Allah (swt) says

 “And whatever the Messenger (pbuh) has given you - take; and what he has forbidden you - refrain from.” (TMQ 59:7). He (swt) also says:

“It is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair.” (TMQ 33:36). The Messenger of Allah (pbuh) said:

 إِنَّ اللَّهَ تعالى فَ رَضَ فَ رَائِضَ فَلاَ تُضَيِّ ع وهَا، وَحَدَّ حُدُوداً فَلاَ تَ عْتَدُوهَا، وَحرَّم « »، أَشْيَاءَ فَلاَ تَ نْتَهِكُوهَا

“Allah, the Exalted, has laid down certain duties which you should not neglect, and has put certain limits which you should not transgress, and has forbidden some things, so don’t violate them.” (extracted by Al-Daraqutni from Abi Tha’labah, and confirmed as Hasan by Al-Nawawi in Al-Riyadh Al-Salihin). He also said:

 » مَنْ أَحْدَثَ فِي أَمْرِنَا هَذَا مَا لَ يْسَ مِنْهُ فَ هُوَ رَد «

“Whoever introduces into our matter (Islam) something that is not in it, then it is rejected” (Agreed upon, through 'Aisha (ra) and the wording is from Muslim).

Therefore, it is Allah (swt) who legislated the rules, not the ruler, and it is He (swt) who obliged people and obliged the ruler to adhere to them in their relations and in their actions, restricted them to these rules and prohibited them from following anything else. Due to this, there is no scope for man to lay down laws to govern peoples’ relations and there is no place for the ruler to force people or to give them the choice to follow principles and rules laid down by man to govern their relations.

“And We have revealed to you, [O Muhammad], the Book in truth, confirming that which preceded it of the Scripture and as a criterion over it. So judge between them by what Allah has revealed and do not follow their inclinations away from what has come to you of the truth. To each of you We prescribed a law and a method. Had Allah willed, He would have made you one nation [united in religion], but [He intended] to test you in what He has given you; so race to [all that is] good. To Allah is your return all together, and He will [then] inform you concerning that over which you used to differ. (48) And judge, [O Muhammad], between them by what Allah has revealed and do not follow their inclinations and beware of them, lest they tempt you away from some of what Allah has revealed to you. And if they turn away - then know that Allah only intends to afflict them with some of their [own] sins. And indeed, many among the people are defiantly disobedient. (49) Then is it the judgement of [the time of] ignorance they desire? But who is better than Allah in judgement for a people who are certain [in faith]. (50)”.