Enforcement of Hudood on a Muslim within Dar ul Harb: A comparative Study of the Four School of Thought
Abstract
The term Dar Ul Harb is a juristic and interpretive concept in islamic law. In term of classical fiqh terminology, it refers to a non-Muslim territory where non-Muslims hold political dominance, their laws prevail, and Muslims do not enjoy security; rather, they live in a state of fear and insecurity. Additionally, such a territory is characterized by the absence of any formal treaty, truce, or peace agreement with a Muslism state. A significant legal question arises in this cotext: if a Muslim commits an offense in Dar Ul Harb that necessitates the applicatiion of a prescribed hadd punishment under islamic law, should the hadd be enforced in that territory or not? The jurists of the four Sunni schools (Msdhahib e Arba,a) have expressed divergent views on this issue.This study aims to present a comparative study of the different juristic opinions of aaimma arbha.
Keywords: Dar ul Harb, Hudood, Comparative, Different, Punishment, Juristic, Opinions.