Development of Muslim Theology, Jurisprudence, and Constitutional TheoryMacDonald, Duncan Black
ReligionIslamic
Development of Muslim Theology, Jurisprudence, and Constitutional Theory
MacDonald, Duncan Black
Constitutional law (Islamic law); Islam -- Doctrines -- History; Islam and state -- History; Islamic law -- History
Finally, it may be well to give some account of the constitutional
question as it exists at the present day. The greatest of the Sultans
of Islam is undoubtedly the Emperor of India. Under his rule are far
more Muslims than fall to any other. But the theory of the Muslim State
never contemplated the possibility of Muslims living under the rule of
an unbeliever. For them, the world is divided into two parts, the one is
_Dar al-Islam_, abode of Islam; and the other is _Dar al-harb_, abode of
war. In the end, _Dar al-harb_ must disappear into _Dar al-Islam_ and the
whole world be Muslim. These names indicate with sufficient clearness
what the Muslim attitude is toward non-Muslims. It is still a moot point
among canon lawyers, however, whether _Jihad_, or holy war, may be made,
unprovoked, upon any _Dar al-harb_. One thing is certain, there must be
a reasonable prospect of success to justify any such movement; the lives
of Muslims must not be thrown away. Further, the necessity of the case—in
India, especially—has brought up the doctrine that any country in which
the peculiar usages of Islam are protected and its injunctions—even some
of them—followed, must be regarded as _Dar al-Islam_ and that _Jihad_
within its borders is forbidden. We may doubt, however, if this doctrine
would hold back the Indian Muslims to any extent if a good opportunity
for a _Jihad_ really presented itself. The Shi‘ites, it may be remarked,
cannot enter upon a _Jihad_ at all until the Hidden Imam returns and
leads their armies.
[Sidenote: THEORIES OF THE KHALIFATE]
Public-domain text, read in full here on John Shaqi.
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