Ikhtilaf al-Darayn wa Atharuhu fi Ahkam al-Sharia al-Islamiyya

Ikhtilaf al-Darayn wa Atharuhu fi Ahkam al-Sharia al-Islamiyya (The Difference of the Two Abodes and Its Effects on the Rulings of Islamic Law) is a work of comparative Islamic jurisprudence by Abd al-Aziz bin Mabrouk al-Ahmadi that examines the legal division of territories into Islamic and non-Islamic abodes and its impact across various branches of Islamic law Ikhtilaf al-Darayn wa Ath…+1.

Composition and Publication

The work originated as al-Ahmadi's doctoral dissertation in comparative jurisprudence at the Islamic University of Madinah, written under the academic supervision of Abdullah ibn Ahmad Qadiri, head of the jurisprudence division in the Department of Higher Studies Ikhtilaf al-Darayn wa Ath…+1. Al-Ahmadi chose the subject because classical jurists did not dedicate an independent book or chapter to territorial differences, but rather dispersed related legal rulings across disparate sections of jurisprudence compendia Ikhtilaf al-Darayn wa Ath…+1. The book was published in two volumes by the Deanship of Scientific Research at the Islamic University of Madinah in its first edition in 1424 AH (2004 CE) Ikhtilaf al-Darayn wa Ath….

Scope and Structure

The book is structured into an introduction, a preliminary study, two main parts, a conclusion, and analytical indices Ikhtilaf al-Darayn wa Ath…+1:

• Preliminary Study (Tamhid): Covers the linguistic and legal definitions of jihad, its scriptural legitimacy, legal status, categories, virtues, and underlying wisdom Ikhtilaf al-Darayn wa Ath…+1.
• Part One: Defines the territorial abodes, their inhabitants, the evidence for dividing the world, and restricted areas Ikhtilaf al-Darayn wa Ath…:
  • Chapter 1: Examines the definition of dar (abode), the characterization and residents of Dar al-Islam (including permanent non-Muslim residents [dhimmis] and temporary entrants granted safe conduct [musta'minun]), the definition and divisions of Dar al-Kufr (the Abode of Disbelief, categorized into Dar al-Harb and Dar al-Ahd), and the conditions under which an abode's status changes Ikhtilaf al-Darayn wa Ath…+2.
  • Chapter 2: Discusses the scriptural evidence for dividing the earth into two abodes, addresses the attribution by Abu Zayd al-Dabbusi to al-Shafi'i that the earth is a single abode, and critiques contemporary scholars who hold that view Ikhtilaf al-Darayn wa Ath….
  • Chapter 3: Details the territories that non-Muslims are prohibited from entering or settling, including the Arabian Peninsula, the Sacred Sanctuary of Mecca, the Prophet's Mosque in Medina, and other mosques Ikhtilaf al-Darayn wa Ath….
• Part Two: Investigates the legal impact of territorial divergence across six chapters Ikhtilaf al-Darayn wa Ath…+1:
  • Chapter 1: Retaliation (qisas), blood money (diya), and expiation (kaffara) regarding a temporary non-Muslim resident (musta'min) in the Abode of Islam Ikhtilaf al-Darayn wa Ath…+1.
  • Chapter 2: Prescribed penalties (hudud) and related criminal offenses committed in the Abode of Islam, including unlawful intercourse (zina), false accusation of unchastity (qadhf), theft (sariqa), banditry (hiraba), rebellion (baghy), and espionage Ikhtilaf al-Darayn wa Ath….
  • Chapter 3: The effect of territorial difference on jihad, encompassing emigration (hijra) from the Abode of Disbelief and the division of spoils in non-Muslim territory Ikhtilaf al-Darayn wa Ath….
  • Chapter 4: Financial transactions and family law, including engaging in interest-bearing contracts (riba) in Dar al-Harb, marrying non-Muslim women of the Book in Dar al-Harb, and marital dissolution caused by territorial separation Ikhtilaf al-Darayn wa Ath…+1.
  • Chapter 5: Criminal offenses (qisas and hudud) committed within the Abode of Disbelief Ikhtilaf al-Darayn wa Ath….
  • Chapter 6: Inheritance (mirath) and bequests (wasiyya), including inheritance among non-Muslims, the estate of an apostate, and bequests made to a combatant non-Muslim (harbi) Ikhtilaf al-Darayn wa Ath….

Method and Sources

Al-Ahmadi's methodology relies on comparative legal analysis across the four recognized Sunni legal schools (Hanafi, Maliki, Shafi'i, and Hanbali), arranged in chronological order, alongside the views of the Companions, Successors, and the Zahiri school Ikhtilaf al-Darayn wa Ath…. For disputed legal points, he presents the opposing arguments, documents the reasons for disagreement (asbab al-ikhtilaf), evaluates the textual and rational evidence, and concludes with a justified preference (al-ra'y al-mukhtar) Ikhtilaf al-Darayn wa Ath…. Positions of each madhhab are cited directly from their primary canonical treatises, and hadith narrations are traced to classical collections such as the Sahihayn, the Sunan compendia, and the Musannaf works of Abd al-Razzaq and Ibn Abi Shayba Ikhtilaf al-Darayn wa Ath…+1.