The Dual Division of The World: The house of Islam and The House of War between The Licenser and the Prohibitor

Section: Article
Published
Jun 24, 2025
Pages
164-187

Abstract

( ) ( ) .Modern fiqh studies pay special attention to the study of the international relations under the Islamic legislation which is of sensitive nature. This sensitivity gains more significance because the events that happen in the world in general and in the Arab and Islamic world in specific cause complete confusion to the observer. Many people no longer differentiate between the legal Jihad, or even that is obligatory for Muslims, and terrorism which is prohibited by all the divine laws, insubordination which is rebellion or organized resistance against the Imam or the legal authority and the legal division of the world. The majority of the Islamic jurisprudents set a dual division for the world: house of war and house of Islam. On the one hand, there are others who are not content with this dual division so they add other divisions; on the other hand, other jurisprudents deny this division altogether. These jurisprudential studies have not ended up in decisive results which show the opinion of the estimable Islamic law. I have not found any researcher who relates the issue of the house of Islam and house of war with the general international law, the international conventions, the international tradition, and the decisions of the international courts. Actually, this subject needs detailed studies for this reason I have dedicated this study to tackle the jurisprudential study without dealing with the general international law or the international conventions.After completing this study and showing the legal opinion which goes along with the latest developments, I shall join with on of the professors who is specialized in the international relations to investigate the subject comparatively between the Sharia (the Islamic Law) and the law, praying Allah to accept this work purely for His sake.The study consists of three sections; section one is a preliminary which tackles the linguistic and technical definition of both (house of war and the house of Islam) and the validity of the house of war to be changed to a house of Islam and vice versa. Section two is dedicated to discuss the opinions of those who disagree with the dual division, those who regarded the world as a single country and those who extended the dual division and added more divisions. In section three, a group of jurisprudential traditions that divides the world into two divisions has been gathered. Since this section cannot be long, the light has been shed on the devotions, transactions and the personal status in a form of a comparative jurisprudential study. The study has been concluded by presenting the most important results that have been arrived at in this study.

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