The Ummah’s Charter by Al-Khilafah Publications

77 The whole world according to the ruling of the Sharee’ah is divided into only two types, and they are: Dar ul-Harb (or Dar ul-kufr) and Dar ul-Islam. So every country that rules by Islam and whose security is that of Islam is considered Dar ul-Islam, even if its inhabitants are non-Muslims. While every country ruled by other than Islam and whose security is not that of Islam is considered Dar ul-Harb or Dar ul-Kufr, even if its inhabitants are Muslims. The Hadeeth of Sulayman b. Buraydah says:

"Invite them to Islam, if they respond then accept it from them and refrain from them. Then ask them to move from their land to the land of the Muhajireen, and inform them that if they did so they would enjoy the same rights as the Muhajireen and would be subject to the same duties.".

This is a text that stipulates moving to Dar ul-Muhajireen, in order to have the rights that the Muslims have, and the ahkaam applied on them is also applied on the Muslims in Dar ul-Muhajireen. Dar ul-Harb (or Dar ul-Kufr) is where those who embrace Islam are asked to move to Dar ul-Islam so that the rules of Dar ul-Harb will be applied on them. However, the words of Dar ul-Kufr and Dar ul-Islam are Sharee’ah terminology, and refer to the Muslims. Linking it to Islam and security in relation to the state. Thus, it is a proof on the fact that every country that rules by Islam is considered Dar ul-Islam whether their population are Muslims or non-Muslims. Any country that rules by Islam and whose security is not Islamic is considered part of the internal policy, even if it is separate from the state as an independent entity.

78 The foreign relations of the state are established on the basis of carrying the Islamic Da’wah whether the relationship is political, economic, cultural or something else. The state takes the carrying of the call as the basis in all its dealings. The Messenger established his relations with every Kufr land (Dar ul-Kufr), whether Quraysh or the rest of the tribes, on the basis of carrying the Da’wah; whether this was a state of war, peace, treaty, good neighbourhood, trade or otherwise. The ties can be seen with the Sahabah after him. Thus, the basis for establishing the foreign policy of the Islamic Da’wah.

79 The foreign policy is based on two matters:

Firstly, undertaking deliberate actions to convey the Da’wah. This has two aspects: the undertaking of what is called ‘cold war’, and the Da’wah carriers and Da’wah programmes proceeding in the path of Da’wah and publicity.

Secondly, undertaking political actions, or what are known as diplomatic actions. Thus, the Messenger’s journey for ‘Umrah, in relation to the incident of Hudaybiyyah, was part of that cold war.

They ayah:

They ask you concerning fighting in the Sacred Months. Say, 'Fighting therein is a great (transgression).' [Baqarah: 217] is part of the publicity. He sent his Sahabah on the day of Rajee’ to the people of Islam and he sent 40 of his best men in the time of Bir Ma’oonah to Najd to teach them Islam as part of the Da’wah plan. His treaties with the chief of Aylan on the border of ash-Shaam were part of the political actions. In this manner, the Messenger (peace and blessings be upon him) used to undertake deliberate actions to convey the Da’wah and he used to undertake political and diplomatic actions to convey the Da’wah. These actions are considered to be part of the carrying of the Da’wah and they are something the Sharee’ah has demanded. It has been narrated that Ibn ‘Abbas said:

"The Messenger of Allah did not fight a people giving them da’wah. It has also been narrated that he said to Furwah b. Musayk: 'Do not fight them until you have invited them to Islam.'".

80. The origin of international law is that the world from ancient times always had international norms, terms agreed upon by everyone according to certain thoughts and principles. Examples of these are not killing enemies, women, and the wounded, or not to torture prisoners etc. But the origin in the new international law is that states had similar aims, which are the Christian nations in the world, held concerns and agreed on certain principles and thoughts, which they made international law. The Islamic state was there to organize the relations of war and peace between themselves; and therefore the state was confined only to them. The Islamic state, which existed, had nothing to do with this. The nations were not considered applicable on the Islamic state.

Thus, the Islamic state did not include the Islamic state. The Uthmani state weakened and began to lose its influence over the states. This weakened international law to include them. Initially the western states wanted it, but then the Uthmani state realized that the Sharee’ah would apply to them as well. After the western nations agreed to this, they began to adhere to international laws related to it. Ever since that date, dealings between states became international laws and this was the path to take. However, this contradicts the principles of the Sharee’ah. The relationship between states is determined by the Sharee’ah and not by international laws. Thus, we need to clarify this matter completely. Then we need to see the state and understand it completely. Then we apply the text on the reality and give the ruling indicated by the Sharee’ah text. Therefore, we refer to the Sharee’ah in regards to the international relations between us and other states, not international law.

81 The juristic presence of the individual is only related to his relationship with other individuals, not to his actions for himself only. Likewise, the juristic presence of the State is only related to its relationships with other States, not to its domestic actions only. This is because the State is a conventional identity, which is considered according to the standing of this character, and the image of the character in the view of other states. The State that carries a call (da'wah) has more influence in terms of its relationships with other states. Thus, its juristic presence and protection, depend like any other state on its character. Moreover, its conveyance of the message that it carries depends on the extent of these relationships. Therefore, the influence of its character and the image of the State have a great deal to do with how it projects itself to other members of the foreign policy. States will distort the reputation of other States that they oppose by creating a negative public opinion against them. The Western States did this in regards to the Islamic State. The international public opinion has a great effect on the standing of the State, both on its image and its character. The Messenger (PBUH) used to take care of that. He ﷺ said:

"I have been helped by terror (of me), from a distance of one month’s journey." Indeed, Allah ﷺ has ordered the Muslims to carry the Da'wah to all mankind and to bring them into the Khilafah state. He ﷺ has legislated Jihad as a method to carry the Da'wah. The state must rise to declare Jihad against the Kuffar without any lenience or hesitation. From the first time Muslims had a State, until the end of the Islamic Khilafah, the Muslims were the leading state in the world in politics, knowledge and power. It is not allowed for the Muslims to conclude military pacts or agreements of protection with the Kuffar. It is not allowed to refer their issues to the Security Council or the United Nations, to put them in the hands of any state in the world, or to accept to submit to Kufr international laws or foreign domination, whatever the circumstances. Allah (SWTH) says:

“And Allâh will never grant to the disbelievers a way (to triumph) over the believers.” [An-Nisaa: 141] Such relations and assistance from the Kuffar and Kaafir international institutions contradict the policy of the Islamic state, which must dominate the international situation and once again become the leading state in the world.