Muslim political thinkers divide the world into three types of
countries or lands: (1) Dar-ul-Islam (Muslim lands); (2) Dar-ul-Sulh
(lands or countries having peace with Muslim lands) and (3) Dar-ul-Harb
(countries at war with Muslim countries).
Dar-ul-Islam
comprises Muslim country or countries where Muslims are brothers
of each other and, therefore, friendly relations exit between
them. Dar-ul-Sulh are generally those non-Muslim countries with
which the Islamic state has got treaty relations and hence the
relations with such countries are governed by the terms of the
treaty. Dar-ul-Harb are those countries which have no treaty
relations with the Islamic state. Relations with such countries
would normally depend on their attitude towards their Muslim
minorities and towards the Islamic state.
The
concept of Islamic country, hostile country and allied country has
been developed perhaps from verse 92 of chapter 4 of the Holy
Qur’an which prescribes punishment for the offence of murder. It
reads:
“It
is not for a believer to kill a believer (it be) by mistake. He
who hath killed a believer by mistake must set free a believing
slave, and pay the blood-money to the family of the slain, unless
they remit it as a charity. If he (the victim) be of a people
hostile unto you, and he is a believer, then (the penance is) to
set free a believing slave. And if he cometh of a folk between
whom and you there is a covenant, then the blood-money must be
paid unto his folk and also a believing slave must be set free………”
(4:92)
Thus
the above mentioned verse clearly refers to three types of regions
or people. If the murdered believer has been killed by mistake by
a believer, of course in Islamic region, then the
murderer will
free a believing slave and would pay blood-money to the family of
the murdered. If the murdered hails from a hostile country or
hostile nation, then the penalty would be to set free a believing
slave. And if the murdered is from an allied nation or country
with which Islamic state has treaty relationship, then blood-money
would be paid to that nation and a believing slave would be set
free. This verse, in a way, approves the division of the world
into above mentioned three categories which is made by the Islamic
Jurists.
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Principles of foreign policy of Islamic state
Fundamental principles laid down by Islam for the guidance of the
Islamic state in its foreign policy, as briefly stated, are:
promotion of international peace and security; promotion of
brotherhood and friendship; establishment of justice and equity in
international dealings, and promotion of cooperation between
nations.
We
shall now discuss relations of the Islamic state with Muslim
countries and its relations with non-Muslim countries along with
some other relevant topics.
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Relations with Muslim countries
All
Muslims, wherever they live, are one community and are
brothers-in-faith. They form one brotherhood bound by the ties of
common religion and so geographical boundaries or other artificial
barriers cannot separate one brother from the other. Islam has
established on very strong footing the solidarity and fraternity
among all the Muslims and has abolished all the distinctions on
the basis of race, colour, language, blood or nationality. The
concept of Islamic brotherhood makes all the Muslims, men and
women, to whatever nation, race, colour, rank or status they may
belong, equal in rights and obligations.
The
above-mentioned teachings of the Qur’an and the Sunnah are not
only applicable to the Muslims at individual level but are also
applicable to the Muslim countries at international level. A
Muslim country, therefore, would regard other Muslims countries as
brothers and would extend every sort of help to his brothers in
every field of life such as defence, economic development,
education, finance, social sector, etc. The Islamic state would
live in peace with the other Islamic state or states and would
resolve its differences peacefully with her Muslim sister through
mutual negotiations or through arbitration. If there is war or any
dispute between two brotherly Muslim countries, it is the bounden
duty of the other Muslim countries to arrange reconciliation and
peace between the two. But if the aggressor among the combatants
is not ready to reconcile, the other Muslim countries would help
the one wronged by the aggressor till the aggressor is forced to
come to terms.
The
verses of the Qur’an and traditions of Muhammad which establish
Islamic brotherhood and teach the Muslims to remain united and
solve their disputes mutually are:
-
And the believers, men and women, are protecting
friends one of another; they enjoin the right and forbid the
wrong, and they establish worship and they pay the poor-due, and
they obey Allah and His messenger. As for these, Allah will have
mercy on them. Lo! Allah is Mighty, wise. (At-Taubah 9:71)
-
And if two parties of believers fall to fighting,
then make peace between them. And if one party of them doth wrong
to the other, fight ye that which doth wrong till it return unto
the ordinance of Allah; then, if it return, make peace between
them justly, and act equitably. Lo! Allah loveth the equitable.
The believers are naught else than brothers. Therefore make peace
between your brethren and observe your duty to Allah that haply ye
may obtain mercy. (Al-Hujurat 49:9-10)
-
Nu’man-b-Bashir reported that the Messenger of
Allah said: you will see the believers in their mutual kindness,
love and sympathy just like one body. When a limb complains, the
whole body responds to it with wakefulness and fever. (Bukhari,
Muslim)
-
Abu Zarr reported that the Messenger of Allah said:
Whose departs from the united body even a hand’s breadth has
indeed shaken off the rope of Islam from his neck. (Ahmad, Abu
Daud)
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Relations with non-Muslim Countries
Relations between the Islamic state and a non-Muslim allied state
(Mu’ahid) would be governed strictly in accordance with the terms
of treaty or alliance or pact executed between them. Terms of the
agreement would be fulfilled in all circumstances and at all cost
by the Islamic state and all the rights and obligations flowing
from the treaty relationship would be duly honoured.
Islam
is a religion of peace and it preaches brotherhood and fraternity.
So the relations of an Islamic state with non-Muslim countries
would be based on general principle of ‘friendship towards all and
malice towards none’ and ‘peace with all and war against none’.
Those non-Muslim countries which are not allied with Islamic state
through any treaty or covenant need not feel uneasy about the
foreign policy of the Islamic state as the policy of such state is
not based on any aggressive designs. Rather the foreign policy of
an Islamic state is based on friendship and cooperation in all
matters of common interest. It would cooperate with those
countries which are promoting the cause of peace, justice and
human welfare. The Qur’an, the revealed book of Islam, enjoins
upon its followers: “…..Help ye one another unto righteousness and
pious duty. Help not one another unto sin and transgression……”
(5:2). Acting upon this principle, the Islamic state would extend
its cooperation to all the like-minded states who are working in
the domain of international peace and security and are also
working to achieve human betterment through cooperation in the
field of economic development, education, science and technology
and social sectors.
Islam
enjoins justice and fairness in human dealings. The Islamic state
would base its foreign relations with aligned and non-aligned
non-Muslim countries on the values of justice and equity.
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Fulfilment of Treaties
Treaties are made between the states or nations sometimes to bring
war or hostilities to an end and sometimes to settle terms of
peace after the termination of a war. Treaties are even made to
resolve certain disputes peacefully and to avoid possible wars.
Between friendly or like-minded states, treaties are made to form
alliances against a common enemy or to keep peace and security in
a certain region. These days treaties of mutual cooperation in
economic field, trade and commerce, education, science and
technology, political and diplomatic relations, etc. are also
being made. In this section however, we shall be dealing only with
the treaties relating to war and peace.
Islam
means ‘peace’ and it stands for peace. Its followers are always
ready to incline towards peace as the Holy Qur’an enjoins upon
them: “And if they incline to peace, incline thou also to it, and
trust in Allah. Lo! He is the Hearer, the Knower.” (8:61).
Islam
attaches as much importance to treaties, pacts and alliances in
international relations as is the importance attached by it to the
promises, covenants and pledges in individual and personal human
relationships. The Qur’an enjoins upon its followers to fulfil
their promises and pledges. According to the Qur’an, the
fulfillment of a covenant is a great human virtue and so it
showers its admiration very liberally upon those who honour their
given word at all costs. Similarly, Prophet Muhammad (PBUH), in
his words and deeds, has enjoined upon the believers to fulfil
their promises and agreements in individual as well as collective
dealings.
The
Islamic state, like individuals, is duty-bound to fulfil its
treaties, alliances and words of honour given by it to foreign
countries. It is one of the fundamental principles of the foreign
policy pursued by an Islamic state to abide by its international
commitments in all circumstances and at every cost. To comply with
the terms and obligations of a treaty amounts to keeping duty to
Allah. The Holy Qur’an enjoins the Islamic state to honour its
pledges even with its enemy states and not to be the first one in
breaking a pledge as it is great sin. The Islamic state can break
a treaty or pledge only when the other party to the treaty or
pledge has been the first to break it.
Islam
gives so much importance to the sanctity of treaties that
sometimes even the obligations of Muslim brotherhood can be
overridden to honour the given words. We read in the Qur’an “……
And those who believed but did not leave their homes, ye have no
duty to protect them till they leave their homes, but if they seek
help from you in the matter of religion then it is your duty to
help (them) except against a folk between whom and you there is a
treaty. Allah is Seer of what ye do”. (8:72). According to this
verse, it is the bounden duty of the Islamic state to help its
Muslim brothers living in another state who are being oppressed
and who ask for such help. However, help cannot be given to them
if they are citizens of a state with which the Islamic state has
made a treaty. Thus observance of international obligations in
such a situation would be more imperative for the Islamic state
than honouring its religious ties with the oppressed Muslim
minority.
About
the nature and terms of treaties and about the procedure and
effects of such treaties, no detailed rules have been made in the
Holy Qur’an obviously for the reasons that the same are to be made
according to the demands of the occasion. In the practice of the
Holy Prophet, however, we find a lot of guidance about peace
treaties as he himself concluded many treaties with the tribes and
nations around him.
Traditions of Prophet Muhammad (PBUH) which enjoin the Muslims to
fulfil their promises, covenants, pledges and treaties are:
-
Anas reported: Hardly did the Messenger of Allah
address us without saying: There is no faith in him who has got no
trust, and no religion for him who has got no promise. (Baihaqi)
-
Bara’a-b-A’jeb reported that the Messenger of Allah
made treaty with the Quraish on the Day of Hudaibiyyah over three
things: On conditions that whoso of the polytheists would come to
him, he would return him to them, but whoever of the Muslims comes
to them, they would not return him; and on condition that he would
come to Makkah next year and would stay there for three days, and
would not enter there except by sheathing lances, swords and bows
and like that. Then Abu Jandal came to him while he was bound in
fetters. So he returned him to them. (Bukhari, Muslim)
-
Solaim-b-A’mer reported that there was a treaty
between Muawiyah and the Byzantines and he was going towards their
lands till when the covenant came to an end, he attacked them. A
man came riding on a horse (or a pack horse) and said: Allah is
greatest, Allah is greatest, fidelity and no treachery. They
reconnoitered when lo! he was Amr-b-Abasah. Muawiyah asked him
about that. He said: I heard the Messenger of Allah say: Whoso has
got a treaty between him and a people must not loosen the treaty,
nor make it tight till its term expires or he is thrown to them on
an equal footing. He said: Then Muawiyah returned with the people.
(Tirmizi, Abu Daud)
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Help to oppressed Muslims living in non-Muslim Countries
We
have already studied the aims and objectives of Jihad and have
also analyzed the reasons for which the Muslims are permitted to
wage Jihad. Thus we know that one of the noble causes for which
Jihad is waged is the help to oppressed and persecuted Muslims
living in non-Muslim lands. In other words one of the aims of
Jihad is that the persecuted Muslims living in Dar-ul-Harb be
helped and be liberated from the oppression of the non-Muslims.
The Qur’an inspires its followers to help such Muslims when it
enjoins: how should ye not fight for the cause of Allah and of the
feeble among men and of the women and the children who are crying:
Our Lord! Bring us forth from out this town of which the people
are oppressor! Oh, give us from Thy presence some protecting
friend! Oh, give us from Thy presence some defender! (4:75).
However, help can be given only to those persecuted Muslims who
are living in such countries with whom the Islamic state has no
alliance or treaty of peace and friendship. But if a treaty exits
between the Islamic state and a non-Muslim country which is
oppressing its Muslim minority, then the Islamic state is not
permitted to help the oppressed Muslims. The Qur’an has issued
very clear directions on this point in its verses 72 and 73 of
chapter 9. The question arises that in such case what should be
done? The answer is that the Islamic countries should use their
good offices because of their treaty relations in persuading the
concerned non-Muslim country to spare its Muslim minority. The
non-Muslim country should be pressurized to treat its Muslim
citizens kindly, grant them fundamental human rights and civil
liberties, and accept their genuine demands. But if the non-Muslim
country does not give up its oppression, the Islamic countries can
break their treaties after a due ultimatum and can directly
intervene in favour of their oppressed brothers to help them out
of the miserable plight.
In
the present world many Muslim communities living in non-Muslim
countries are being persecuted. Muslims are being oppressed in
Palestine, Kashmir, Chechnya, Philippine, Sinkiang, Bosnia,
Kosovo, Arakan, Eritrea. But the Islamic countries cannot
intervene directly in their favour and wage Jihad against their
persecutors because the Islamic countries have diplomatic
relations with oppressor non-Muslim countries. In many cases they
have also direct or indirect treaty relations with such countries.
Thus they are not in a position to help the oppressed Muslims by
physical force until and unless they break their treaties and
severe their ties with the concerned non-Muslim states which is
not desirable in the present situation of the world. So what they
should do is that they should unitedly exercise their pressure in
persuading countries like Israel, India, Russia, Serbia, Burma and
Ethiopia to cease their oppressive policies and grant their Muslim
citizens fundamental rights and accept their genuine demands. Good
offices of the leading states of the world, United Nations and
international forums can also be utilized to help the persecuted
Muslims. The moral and political support and economic assistance
can be extended to the oppressed Muslim communities. Hospitality
should be shown to the Muslim immigrants from such places.
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Migration
One
way of helping the oppressed Muslims living in non-Muslim
countries is, as we have seen, to wage Jihad for liberating them
from the yoke of their oppressors, while the other way is to
welcome them in one’s land if they are expelled or if they opt
themselves to migrate. Islam teaches those Muslims who are being
persecuted in non-Muslim lands to migrate in the path of Allah and
seek asylum in safer places where they could live in peace and
practice their faith freely. There are many rewards from Allah,
the Almighty, for those who migrate in His way and for those who
offer hospitality to the immigrants.
The
first ever migration of the oppressed Muslims that took place was
that of the Makkan Muslims who migrated to Abyssinia, a Christian
country around the year 616 or 617 A.D. To escape from the
persecution by the pagan Quraish, the Muslims migrated to the said
country, with the permission of Prophet Muhammad (PBUH). The ruler
of Abyssinia not only accorded them a kind treatment but also
refused the request made by a high-powered delegation of the
Quraish to extradite the Muslim refugees. The Prophet was so much
pleased by the hospitality shown by the Abyssinian ruler (Negus)
to his followers that he offered funeral prayer of the Negus in
absentia when the latter died.
Second migration of the oppressed followers of Islam, and this
time in the company of the Prophet himself, was from Makkah to
Madinah in the year 622 A.D. This is very important event in the
history of Islam and also that of the world as Muslim Calendar of
Higerah commenced from this event. The Muslims of Madinah welcomed
their brothers from Makkah and showed them the most excellent
hospitality which has become a model to emulate for the later
generations. The Qur’an praises their hospitality and Allah
showered His blessings upon the Helpers (Ansar) of Madinah and the
immigrants (Muhajirin) of Makkah.
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