Harbi

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The Arabic-Islamic legal term Harbī ( Arabic حربي, DMG ḥarbī ) literally means “belonging to the war” and describes all non-subjugated non-Muslims, which, according to classical Muslim teaching, applies to all non-Muslims living outside the Muslim sphere of influence .

Classical Islamic law knows four groups of people: Muslims , Musta'min , Dhimmis and Ḥarbīs. The countries of the Ḥarbīs are called Dār al-Harb ("House of War" or war zone).

A non-Muslim region counts as Dār al-Harb if no non-aggression or peace treaty has been concluded with it. Since Ḥarbīs are potentially considered enemies of Muslims, the fight against them, jihad , is theoretically the normal state. A peace treaty is not possible under classical Islamic law, only a ten-year truce called hudna . However, there are examples of longer peaceful neighborhoods even in the Classical Islamic period. If Harbīs want to travel to the area of ​​Islam ( Dār al-Islām ), the right to protection of life and property must be guaranteed by an amān , a temporary protection contract that every Muslim can conclude with the Ḥarbī . Through the protection contract, the Mustarbī becomes a musta'min .

With Harbis can be moved during the war in different ways:

  1. They can be killed (see also Banu Quraiza and Sura 47 : 4, Sura 2 : 191, Sura 4 : 89).
  2. They can be enslaved (see also Banu Quraiza).
  3. They can be expelled (see also Banu Nadir and Sura 59 ).
  4. Your property may be taken as spoils of war.

The state of war can be ended in several ways:

  1. By adopting Islam.
  2. By submission to Islamic rule according to a Dhimmah agreement (only applies to Christians, Jews and Zoroastrians ).

Enslaved Harbi women can be made their concubines by Muslims , since any existing marriages are automatically dissolved when they are captured. Mohammed held it that way with Raihana bint Zaid ibn Amr of the Banu Quraiza.

Since the end of the caliphate in 1924, at the latest, there has been no Islamic state or government association, so there are very different interpretations and applications of Islamic law in the respective Muslim-dominated nation states, including the concept of dhimmi and harbi. In most cases it no longer has any practical significance. However, some extremist groups see it as a justification for terrorist attacks and murders of citizens viewed as enemies of states like Israel or the USA .

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Footnotes

  1. ^ The Encyclopaedia of Islam . New Edition. Brill, suffering. Vol. 1, p. 429.
  2. http://www.oxfordislamicstudies.com/article/opr/t125/e490
  3. http://www.oxfordislamicstudies.com/article/opr/t125/e490