UUD / Hukum-hukum Umum §1-15
- Kategori: Hukum-hukum Umum
Pasal 2: Darul Islam adalah negeri yang di dalamnya diterapkan hukum-hukum Islam dan keamanannya didasarkan pada keamanan Islam. Darul kufur adalah negeri yang di dalamnya diterapkan peraturan kufur atau keamanannya berdasarkan selain keamanan Islam.
Article 2: 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:
( فَخَسَفْنَا بِهِ وَبِدَارِهِ الْأَرْضَ)
“ 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:
(فَأَخَذَتْهُمُ الرَّجْفَةُ فَأَصْبَحُوا فِي دَارِهِمْ جَاثِمِينَ )
“ 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:
( وَلَنِعْمَ دَارُ الْمُتَّقِينَ )
“ 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 who said:
«إِنَّ خَيْرَ 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
( سَأُرِيكُمْ دَارَ الْفَاسِقِينَ)
“ I will show you the home of the defiantly disobedient.” (TMQ 7:145),
(وَلَنِعْمَ دَارُ الْمُتَّقِينَ )
“ And how excellent is the home of the righteous.” (TMQ 16:30),
(فَعَقَرُوهَا فَقَالَ تَمَتَّعُوا فِي دَارِكُمْ ثَلَاثَةَ أَيَّامٍ ذَلِكَ وَعْدٌ غَيْرُ مَكْذُوبٍ)
“ 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:
(وَأَوْرَثَكُمْ أَرْضَهُمْ وَدِيَارَهُمْ وَأَمْوَالَهُمْ)
“ 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 Allahsaid,
«... 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 الشامُ».
“the worthiest of the believers’ abode is as-Sham”
And it could be adjoined to meanings such as His (swt) words:
( وَأَحَلُّوا قَوْمَهُمْ دَارَ الْبَوَارِ)
“ 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:
(الَّذِي أَحَلَّنَا دَارَ الْمُقَامَةِ مِنْ فَضْلِهِ )
“ 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 said to me:
«رَحِمَ اللَّهُ أَبَا بَكْرٍ زَوَّجَنِيَ ابْنَتَهُ وَحَمَلَنِي إِلَى دَارِ الْهِجْرَةِ»
“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 Allahsaid:
«إِذَا خَرَجَ العَبْدُ مِنْ دَارِ الشِّرْكِ قَبْلَ سَيِّدِهِ فَهُوَ حُرٌ، وَإِذَا خَرَجَ مِنْ بَعْدِهِ رُدَّ إِلَيْهِ. وَإِذَا خَرَجَتِ المَرْأَةُ مِنْ دَارِ الشِّرْكِ قَبْلَ زَوْجِهَا تَزَوَّجَتْ مَنْ شَاءَتْ، وَإِذَا خَرَجَتْ مِنْ بَعْدِهِ 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 said
«مَنَعَتْ 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 hesaid 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 said:
«قَدْ أُرِيتُ دَارَ هِجْرَتِكُمْ»
“I have been shown the land (abode) of your emigration” . And the evidence that heand his companions did not emigrate to Madinah until heصلى الله عليه وآله وسلم 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:
«انْطَلَقَ رَسُولُ اللَّهِ وَمَعَهُ العَبَّاسُ عَمُّهُ إِلَى سَبْعِينَ مِنَ الأَنْصَارِ عِنْدَ العَقَبَةِ، فَقَالَ لَهُ أبو أُمامَة - يعني أسعد بن زُرَارة - سَلْ يا محمّد لِرَبِّكَ ولِنَفْسِكَ ما شِئْتَ، ثُمَّ أَخْبِِرْنا ما لَنا من الثَّوَابِ. قال: أَسْأَلُكُمْ لِرَبِّي أنْ تَعْـبُدُوهُ وَلا تُشْرِكُوا به شيئاً، وأَسْأَلُكُمْ لِنَفْسِي ولأَصْحَابِي أنْ تُؤْوُونَا وتَنْصُرُونَا وتَمْـنَعُونَا مِمَّا تَمْـنَعُونَ منه أَنْفُسَكُمْ. قالوا: فَما لَنا؟ قال: الْجَـنَّةُ. قالوا: ذلِكَ لَكَ»
“The Messenger of Allah 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? Hesaid: 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 said:
«أُبَايِعُكُمْ عَلَى أَنْ تَمْنَعُونِي مِمَّا تَمْنَعُونَ مِنْهُ نِسَاءَكُمْ وَأَبْنَاءَكُمْ قَالَ فَأَخَذَ الْبَرَاءُ بْنُ مَعْرُورٍ بِيَدِهِ ثُمَّ قَالَ نَعَمْ وَالَّذِي بَعَثَكَ بِالْحَقِّ لَنَمْنَعَنَّكَ مِمَّا نَمْنَعُ مِنْهُ أُزُرَنَا فَبَايِعْنَا يَا رَسُولَ اللَّهِ فَنَحْنُ أَهْلُ الْحُرُوبِ وَأَهْلُ الْحَلْقَةِ وَرِثْنَاهَا كَابِرًا عَنْ كَابِرٍ»
“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 , 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 تَنْصُرُونِي فَتَمْنَعُونِي إِذَا قَدِمْتُ عَلَيْكُمْ مِمَّا تَمْنَعُونَ مِنْهُ أَنْفُسَكُمْ وَأَزْوَاجَكُمْ وَأَبْنَاءَكُمْ، 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
«وَعَلَى أَنْ نَنْصُرَ رَسُولَ اللَّهِ إِذَا قَدِمَ عَلَيْنَا يَثْرِبَ مِمَّا نَمْنَعُ أَنْفُسَنَا وَأَزوَاجَنا وَأَبْنَاءَنَا وَلنَا الجَّنَّةَ ...»
“And to give support to the Messenger of Allah 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 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 Allahsaid to the Shayban b. Tha’labah tribe:
«مَا أَسَأْتُمْ فِي الرَّدِّ إَذْ أَفْصَحْتُمْ بِالصِّدْقِ، وَإِنَّ دِينَ اللَّهِ لَنْ يَنْصُرَهُ 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:
«دَعَانَا النَّبِيُّ فَبَايَعْنَاهُ، فَقَالَ فِيمَا أَخَذَ عَلَيْنَا أَنْ بَايَعَنَا عَلَى السَّمْعِ وَالطَّاعَةِ فِي مَنْشَطِنَا وَمَكْرَهِنَا، وَعُسْرِنَا وَيُسْرِنَا، وَأَثَرَةً عَلَيْنَا، وَأَنْ لاَ نُنَازِعَ الأَمْرَ أَهْلَهُ إِلاَّ أَنْ تَرَوْا كُفْراً بَوَاحاً عِنْدَكُمْ مِنْ اللَّهِ فِيهِ بُرْهَانٌ»
“ The Prophet 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 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 who said:
«وَالْهِجْرَةُ هِجْرَتَانِ هِجْرَةُ الْحَاضِرِ وَالْبَادِي فَأَمَّا الْبَادِي فَيُطِيعُ إِذَا أُمِرَ وَيُجِيبُ إِذَا دُعِيَ وَأَمَّا 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
«فَيُطِيعُ إِذَا أُمِرَ وَيُجِيبُ إِذَا دُعِيَ»
صلى الله عليه وآله وسلم “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 said to him
«وَهِجْرَةُ البَادِيَةِ أَنْ تَرْجِعَ إِلَى بَادِيَتِكَ، وَعَلَيْكَ السَّمْعُ وَالطَّاعَةُ فِي عُسْرِكَ وَيُسْرِكَ وَمَكْرَهِكَ وَمَنْشَطِكَ وَأَثْرَةٍ 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 شَيْئاً. ثُمَّ يَقولونَ: جاءَ مُحمّد، فَأَسْعَى فَلا أَرى شَيْئاً. قال: حتى جاءَ رَسولُ اللَّهِ وصاحِبُهُ أبو بَكْر، فَكُنّا في بَعْضِ حِرارِ المدينة، ثُمَّ بَعَثَا رَجُلاً مِنْ أَهْلِ المدينة لِيُؤْذِنَ بِهِما الأنصارَ، فَاسْتَقْبَلَهُمَا زُهَاءُ خَمْسِمائةٍ مِنَ الأَنْصَارِ حتى انْتَهَوْا إِلَيْهِمَا. فقالت الأنصارُ: انْطَلِقَا آمِنَيْنِ مُطَاعَيْنِ. فَأَقْبَلَ رسولُ اللَّهِ وصاحِبُهُ بَيْنَ أَظْهُرِهِمْ. فَخَرَجَ أَهْلُ المدينةِ حتّى إِنَّ العَوَاتِقَ لَفَوْقَ البُيُوتِ يَتَرَاءَيْنَهُ يَقُلْنَ أَيُّهُمْ هُوَ أَيُّهُمْ 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 Allahand 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 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 Prophetwould 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
«... إِنَّا بَايَعْنَا رَسُولَ اللَّهِ عَلَى السَّمْعِ وَالطَّاعَةِ فِي النَّشَاطِ وَالْكَسَلِ، وَالنَّفَقَةِ فِي الْعُسْرِ وَالْيُسْرِ، وَعَلَى الأَمْرِ بِالْمَعْرُوفِ وَالنَّهْيِ عَنِ الْمُنْكَرِ، وَعَلَى أَنْ نَقُولَ فِي اللَّهِ لاَ تَأْخُذُنَا فِيهِ لَوْمَةُ لاَئِمٍ. وَعَلَى أَنْ نَنْصُرَ رَسُولَ اللَّهِ إِذَا قَدِمَ عَلَيْنَا يَثْرِبَ مِمَّا نَمْنَعُ أَنْفُسَنَا وَأَزوَاجنَا وَأَبْنَاءَنَا وَلَنَا الجَّنَّةَ. فَهَذِهِ بَيْعَةُ رَسُولِ اللَّهِ الَّتِي بَايَعْنَاهُ عَلَيْهَ»
“…We pledged allegiance to the Messenger of Allah 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 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”. The obedience is clear in
«بَايَعْنَا رَسُولَ اللَّهِ عَلَى السَّمْعِ وَالطَّاعَةِ»
“We took pledge of allegiance to Messenger of Allah to listen and obey.” and the security is that of the Muslims, as made clear by his words
«وَعَلَى أَنْ نَنْصُرَ رَسُولَ اللَّهِ إِذَا قَدِمَ عَلَيْنَا يَثْرِبَ مِمَّا نَمْنَعُ أَنْفُسَنَا وَأَرْوَاحَنَا وَأَبْنَاءَنَا»
“and that we support the Messenger of Allah 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:
«بِسْمِ اللَّهِ الرَّحْمَنِ الرَّحِيمِ: هَذَا كِتَابٌ مِنْ مُحَمَّدٍ النَّبِيِّ بَيْنَ المُؤْمِنِينَ وَالمُسْلِمِينَ مِنْ قُرَيْشٍ وَيَثْرِبَ وَمَنْ تَبِعَهُمْ فَلَحِقَ بِهِمْ وَجَاهَدَ مَعَهُمْ أَنَّهُمْ أُمَّةٌ وَاحِدَةٌ مِنْ دُونِ النَّاسِ ... وَإِنَّ المُؤْمِنِينَ بَعْضُهُمْ مُوَالِي بَعْضٍ دُونَ النَّاسِ ... وَإِنَّ عَلَى اليَهُودِ نَفَقَتَهُمْ وَعَلَى المُسْلِمِينَ نَفَقَتُهُمْ، وَإِنَّ بَيْنَهُمْ النَّصْرَ عَلَى مَنْ حَارَبَ أَهْلَ هَذِهِ الصَّحِيفَةِ ... وَإِنَّهُ مَا كَانَ بَيْنَ أَهْلِ هَذِهِ الصَّحِيفَةِ 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 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
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’ireal 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 Al-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.