Asslamalaikum Question1: What conditions must be in place for a land to be declared ?darul harb? land of war. Where jihaad, maal e ghanimah (booty) and concubines is jaiz. Question2: Is jihad not fardh ain upon all muslims especially America as America has attacked the muslims and islam, and we are told in the quran in many ayats to fight those who fight against us. In addition to this they have taken muslim prisioners which is also one of the condition when jihad becomes fardh ain see virtues of jihad by moulanah masood azhar and defence of the muslim lands by sheikh Abdullah azzam. America has taken many muslims as prisioners including sheikh omar abdur rahman Question3: Are muslims in the west allow to steel via robberies fraud etc from the kuffar to give it all to the mujahids. Questions4: Are muslim leaders like mushraff and so called king fahd not apostates for making lawful what Allah has made unlawful and vice-versa, and supporting, helping befriending kuffar. If they are then why don’t the ulamah declare them as such. Please provide answers to all questions with evidence form the quran hadith sahabah and the 4 madhabs. The questions I have posted I know are controversial but we still need to be guided in these matters. Many ulamah refuse to answer or do not give clear answer fearing the kuffar. This has led to many youth making up their decision and taking matters into their own hand which could be counter productive.
A place may be classified as Daarul Harb if the following conditions are
found:
a) The government implements total un-Islamic law in the country, to such an
extent that Muslims are not able to practice their religion freely.
b) This state is surrounded by other states with similar conditions
(un-Islamic) and not surrounded by an Islamic state.
c) Peace and safety of Muslims is in danger. They may attacked at anytime,
because of them being deprived of safety from the side of the government.
(Shaami vol.4 pg.175; Karachi)
If the above criteria are fulfilled, a state may be called Darul Harb.
However, in default in any of the conditions it may not be considered as
Darul Harb, hence, all the laws pertaining to Darul Harb may not apply.
We are unable to comment on these queries, due to it being very intricate.
Such issues should be discussed with other scholars and jurists before
formulating an opinion.
and A