Dar-ul-Islam, Dar-ul-Harb & Democracy The Development of the Fiqh of International Relations

1. With the Name of God, All-Merciful, Most Merciful Dar-ul-Islam, Dar-ul-Harb & DemocracyThe Development of the Fiqh of International Relations Imam Dr Usama Hasan Head of Islamic Studies

2. Synopsis • International Relations (Siyar) – Early Islam • Dar-ul-Islam, dar-ul-kufr, dar-ul-harb • Dar murakkab (Ibn Taymiyyah, 7th/14th century) • Ottomanism – equal citizenship (19th century CE) • Democracy & equal citizenship (20th-21st centuries)

3. 1. International Relations – Early Islam • Imam Muhammad bin Hasan al-Shaybani, a top student of Imam Abu Hanifa, wrote a book on International Relations (Siyar) in the 2nd/8th century • It was sophisticated for its time, and reflected the reality of international relations amongst medieval empires

4. Imam Shaybani’s Siyar: territorial division according to faith, war & peace

5. Modern international relations: civic states

6. Galera, near Granada (15th century) • Galera was a Muslim-majority town conquered by Christian forces during the Reconquista • The Muslim jurists differed: • Some said: All Muslims must migrate to Dar-ul-Islam, e.g. Granada or Morocco • Ibn ‘Asim said: the Muslims should pay jizya to the Christians, and stay in Galera

7. War & Peace: updated according to Ibn Asim’s fatwa about Galera (15th C)

8. Mardin (7th-8th / 13th-14th centuries) • Mardin was a Muslim-majority town, in modern-day Turkey, not far from Syria • It was occupied by the pagan Mongols during their invasion of Iraq, Syria & North Africa • The people of Mardin asked Imam Ibn Taymiyyah whether Mardin was dar-ul-islam or dar-ul-kufr • Ibn Taymiyyah: it is dar murakkab (compound or composite land, a mixture of islam & kufr)

9. War & Peace: updated according to Ibn Taymiyya’s fatwa about Mārdīn (14th C)

10. Shaykh ‘Abdullah bin Bayyah:a leading Islamic theologian of our time 2018 2016

11. Bin Bayyah on Modern Nation-states • “The land of Islam (dar al-Islam) is every state having a Muslim majority or Muslim rulers, even if they do not implement some Sharia rulings. • The land of non-Muslims (dar al-kufr) is every state having a non-Muslim majority and non-Muslim rulers. • Compound or composite lands (darmurakkab) are exemplified by federal states comprising Muslims and others, where each province has the power to make laws, such as in Nigeria.” • (Sina’at al-Fatwa [The Crafting of Jurisprudential Rulings], 1428/2007, pp. 287-302)

12. Ibn Bayyah’s extraction of 11 principles from Medina Charter for Marrakesh Declaration 2016 • In his keynote lecture at the historic Marrakesh Declaration conference in January 2016, Shaykh ‘Abdullah bin Bayyah argued that we need a modern equivalent of the Medina Charter, and listed 11 universal Qur’anic principles upon which this should be based, all of which are manifested in the Medina Charter: • kindness • human dignity (Q. 17:70) • cooperation in goodness, mutual guarantee and reform (islah)(Q. 5:2, 7:56, 28:77 & 2:220) • reconciliation (Q. 8:1) • human fraternity and mutual recognition (Q. 49:13) – according to Ibn Bayyah, “this is the basis of relationships, and not the mutual quest for domination, as in the Hegelian dialectic based on his master-slave theory.” • wisdom (Q. 2:269)

13. 11 principles from the Medina Charter for Marrakesh Declaration 2016 (cont’d) • welfare (Q. 7:170) • justice in dealing with people (Q. 16:90) • mercy and compassion (Q. 21:107, 7:156) • peace (Q. 2:208, 8:61) • loyalty to covenants and agreements (Q. 5:1, 8:72)

14. Ottoman Sultan Mehmet II, 1808-1839 From among the subjects, where I distinguish who is Muslim is at a mosque, who is Christian, in a church and who is Jewish, in a synagogue. There is no difference between them on other days … O Greeks, Armenians and Jews! All of you, just like the Muslims, are God’s servants and my subjects. You have various religions, but you are all under the protection of the laws of the state and my royal will. • 1856: Ottomans abolished jizya & dhimma

15. Maulana Muhammad Ali Jauhar, Presidential Address, Indian National Congress, 1923 I had long been convinced that here in this country of hundreds of millions of human beings, intensely attached to religion, and yet infinitely split up into communities, sects and denominations, Providence had created for us the mission of solving a unique problem and working out a new synthesis, which was nothing other than a Federation of Faiths ... For more than twenty years I have dreamed the dream of a federation, grander, nobler and infinitely more spiritual than the United States of America, and today when many a political Cassandra prophesies a return to the bad old days of Hindu-Muslim dissensions, I still dream that old dream of ‘United Faiths of India’.

16. Muhammad Ali Jinnah, founding father of Pakistan, 1947 You are free; you are free to go to your temples, you are free to go to your mosques or to any other place or worship in this State of Pakistan. You may belong to any religion or caste or creed that has nothing to do with the business of the State … We are starting with this fundamental principle that we are all citizens and equal citizens of one State … Hindus would cease to be Hindus and Muslims would cease to be Muslims, not in the religious sense, because that is the personal faith of each individual, but in the political sense as citizens of the State.

17. Recep Senturk, Emory University (2002) The [Ottoman] Declaration of Regulations (Tanzimat Fermani, 1839) may be seen as the first Islamic human rights declaration in the modern sense … [and when the UN’s Universal Declaration of Human Rights was announced in 1948,] Turkish scholars of Islamic law, such as Kazim Kadri and Ali Fuat Basgil, produced works advocating that it was consistent with Islamic law and thus deserved the support of Muslims … The work of ancient prophets and philosophers can be seen as achievements towards a universal concept of [the] human.

18. Maqasid al-Sharia (Universal Objectives of the Sharia) • Based on holistic readings of the Qur’an & Sunna, not merely individual texts • Theory developed since 11th century CE by: Juwayni, Ghazzali, Ibn ‘Abd al-Salam, Qarafi, Ibn Taymiyyah, Ibn al-Qayyim, Shatibi, etc. • Recent contributors (20th-21st century CE): Ibn ‘Ashur, Kamali, Ibn Bayyah

19. Examples of Maqasid al-Sharia (Higher Objectives of the Sacred Law) • Protection and promotion of: faith, life, intellect, property, family, reputations, • communities, morality, • honesty and trustworthiness in all dealings including commercial ones, • fundamental rights and liberties, public welfare, knowledge and scientific research, education, medicine, environment and ecology, • peace and justice in international relations, • and the Love and Worship of God!

20. Concluding Remarks • Medieval Islam viewed “international relations” through a prism of Muslim/non-Muslim lands • Lands of Islam, non-Islam, war & peace • Modern Islam: “lands of citizenship” • “Liberty, equality, spirituality” – 20th century CE Islamic thinker • Marrakesh Declaration (2016): religious freedom for non-Muslim minorities • Alliance of Virtue (2018): shared values