Recognition of International Boundaries

E. Recognition of International Boundaries

Unlike in Islamic classical history, at this time the world is divided into nation-states with view virgin tracts of land to be claimed, so it seems easy to define territorial boundaries. But, the task become

somewhat arduous when we try to approach it in terms of ethical perspective that have religious sanction. With the rise of an international system based on sovereign nation-states, Muslims have been

forced to adapt Islamic principles to modern conditions. Dar Islam is today largely a cultural-religious construct, an ideal of the spiritual, if not political, unity of Muslims around the world. The political reality is of the existence of some fifty six independent Muslim states which frequently find themselves bitterly divided and sometimes at war with each other. International

Still, significant moral issues arise in any attempt to reconcile a world of sovereign territorial states with the Islamic ideals of a universal commonwealth including diverse races, religions, and linguistic groups.

In the early centuries of Islam, Muslim communities traveled easily from one geographical boundary to another in search of their livelihood. Political frontiers meant little in their search for food and water. Individual Muslims also traveled easily and widely, sometimes holding positions in government of various states without the complications of immigration and naturalization laws and regulations. Even non-Muslims were allowed to travel freely within and between the Muslim states. The Muslim center of learning in Cordova, Granada, Fez, Salerno, Cairo, Baghdad, Damascus, and Bukhara were frequented by scholars and students of various religious persuasions from all over the world.(55)

1539 al-Zuhayli, al-fiqh,vol.7.p.5307. 1540 Mayer, Human Rights, 47. 1541 Baderin,, 85

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It was not uncommon for a noted religious personality or jurist to wander easily from one center to another, an itinerant scholar whose passport was his scholastic reputation. Two of the best known figures

from Islamic history are Ibnu Khaldun, historian and jurist who taught and held government posts in Tunis, Fez, Granada, and Cairo, and Ibn batuta, whose name is synonymous in the Muslim World with the irrepressible traveler.

The classical Islamic approach to questions of diversity and political autonomy beyond dar- Islam must be studied with reference to the Islamic theory of international relations, known as siyar.

This worldview was the product of persistent persecution of Muslims, first by the Meccan idolators, principally by the rich tribe of Quraish and its allies; then by the frequent betrayals of non-Muslim tribes of Medina; followed in the final years of the Prophet’s life by conflict with the Byzantine empire to the north. The unceasing hostility towards the Muslims by their non-Muslims neighbor forced the early Muslims to struggle for survival and thus, war and fighting became an integral part of the relationship with non-Muslims. As a by product of struggle, Muslim jurists took excessive recourse of the concept of naskh (abrogation0 in formulating their views on external relations with non-Muslim enemies, and ignored some of the very basic quranic verses dealing with persuasion (husna), patience (sabr), tolerance (la ikrah), and the right to self determination (lasta alayhim bi-musaytir), in favor of an aggressive conception of jihad.

Since fiqh is the interpretation of the quran and sunna, there has not been unanimity of opinion among various schools of thought on all issues, especially regarding siyar and jihad. Siyar describes the rules of conduct for Muslims in dealing with the unbelievers of enemy territory or those with whom

they have established treaties of nonaggression. The quranic verses and the prophetic traditions on jihad address how Muslims should respond to the hostilities of the enemies of Islam. The principles of siyar follow from them.

The conditions for and conduct of jihad are issues that have historically created controversy among Muslim jurists. Islamic legal precedent that were set during the time of the Prophet and his immediate successors, the four caliphs served the Muslim community well until the advent of the Umayyad dynasty in A.D.661. The people of the newly conquered territories could not shed entirely their pre-Islamic customs and culture and acted, in some cases, contrary to the standard set forth by the jurists and the government. For all practical purposes, from the rise of the Umayyad through the rest of dynasties of Muslim history, fiqh more often than not ceased to represent actual policies or regulations of the Muslim state. Fiqh essentially has been nothing more than legal opinions of various scholars of divergent schools of jurisprudence, and they differ on the nature of jihad and the conduct of international relations generally.

A few additional related concepts need to be defined here before we investigate the principles of jihad and siyar. Beyond the frontiers of dar islam, medieval jurist conceived the ecistence of other territories or realms, including dar alharb, dar al-aman, and dar al-ahd, otherwise referred to as dar al-sulh (non-Muslim territory which pledges through treaty to acknowledge Muslim sovereignty, but maintain local autonomy by paying some land taxes in lieu of jizya, or poll tax).

The harbis, or inhabitants of dar al-harb, are enemies of Islam and, as such, have no right to enter into Muslims territories without express permission. However, a harbi who receives a guarantee of safe passage (aman) from even the poorest and the weakest Muslim is secure from harm for at least one year. At the expiry of that date, the harbi is bound to depart—unless, of course he or she converts to islam and becomes a part of the Muslim umma (community or society). The inhabitants of dar al-aman, the must’mins, are treated according to the conditions of treaty between them and the muslim state. The musta’mins are governed by their own laws, are exempt from taxes, and enjoy other privileges.

Historically, the question of whether or not the Islamic state 9dar al-islam) is obligated to wage jihad against dar al-harb raised contradictory opinions from the various sunni schools. Abu hanifa,