f the Faithful to make war on the
non-Mussulman world as occasion may offer. But Dar-ul-Harb or the
non-Mussulman world, is subdivided into Idolaters and Ketabi, or 'People
of the Book,'--_i.e._, people who possess divinely inspired Scriptures,
namely, Jews, Samaritans, and Christians. All the inhabitants of
Dar-ul-Harb are infidels, and consequently outside the pale of
Salvation. But the Ketabi are entitled to certain privileges in this
world, if they submit to the conditions which Islam imposes. Other
infidels must make their choice between one of two alternatives--Islam
or the sword. The Ketabi are allowed a third alternative, namely,
submission and the payment of tribute. But if they refuse to submit, and
presume to fight against the True Believers, they lapse at once into the
condition of the rest of Dar-ul-Harb and may be summarily put to death
or sold as slaves."[319]
I am very sorry the Rev. gentleman is altogether wrong in his assertions
against the Koran. There is neither such a division of the world in the
Koran, nor such words as "Dar-ul-Islam" and "Dar-ul-Harb" are to be
found anywhere in it. There is no injunction in the Koran to the True
Believers to fight against the infidels till they accept Islam, failing
which they are to be put to death. The words "Dar-ul-Islam" and
"Dar-ul-Harb" are only to be found in the Mohammadan Common Law, and are
only used in the question of jurisdiction. No Moslem magistrate will
pass a sentence in a criminal case against a criminal who had committed
an offence in a foreign country. The same is the case in civil
courts[320]. All the inhabitants of Dar-ul-Harb are not necessarily
infidels. Mohammadans, either permanently or temporarily by obtaining
permission from the sovereign of the foreign land, can be the
inhabitants of a Dar-ul-Harb, a country out of the Moslem jurisdiction,
or at war with it.
[Sidenote: 130. The untenable theories of the Common Law and
conclusion.]
It is only a theory of our Common Law, in its military and political
chapters, which allow waging unprovoked war with non-Moslems, exacting
tribute from "the people of the Book," and other idolaters, except those
of Arabia, for which the Hanafi Code of the Common Law has nothing short
of conversion to Islam or destruction by the sword. As a rule, our
canonical legists support their theories by quotations from the
Mohammadan Revealed Law, _i.e._, the Koran, as well as from the Sonnah,
or the traditions
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