What is the legal status of a region whose inhabitants have apostatized and implemented their own laws?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
When the inhabitants of a region apostatize and their laws are enforced therein, that region becomes Dar al-Harb (a territory of war). Consequently, their wealth becomes subject to seizure, and their offspring born after the apostasy become captives. The Imam is obligated to fight them. This ruling is supported by the precedent set by Abu Bakr al-Siddiq, may Allah be pleased with him, who fought the apostates alongside a group of Companions. Furthermore, Allah the Exalted commanded fighting the disbelievers in several places in His Book, and these apostates are the most deserving of fighting, as leaving them might encourage others to follow their example and apostatize, thereby increasing the harm they inflict.
Supporting text
The legal consequence of a region becoming Dar al-Harb is subject to differing views. The ruling here is based on the mere existence of apostasy and the enforcement of their laws. The opposing view holds that a region does not become Dar al-Harb unless three conditions are met: it must border Dar al-Harb with no territory of Islam intervening, no protected Muslim or Dhimmi must remain there, and their laws must be implemented there.