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What Is A Harbi Disbeliever In Islam?
Slam alaykum I want to understand the concept of a disbeliever who is “Harbi”.
As far as I know a harbi is a person who is lawful to enslave, kill (if it’s a man) or steal from.
However what makes a person a harbi? Is it someone we are at active war with? Or is just someone from a country that the Muslims have no peace pact with?
For example, before modern technology if Muslims came across a village that they had no peace pact with yet, and they went back to get permission from the imam to raid it, would it be permissible to raid that village for no good reason?
Also, if Muslims in the desert encountered someone from a country/empire they have no peace contract with or with at war with, would that someone be considered a Harbi even if he posed no aggression? Meaning they would be permissible to kill/enslave?
I lack knowledge about fiqh, but obviously I think that the answer to the two above answers is No, however I haven’t came across evidence yet that supports my answer.
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What Is A Harbi Disbeliever In Islam?
updated 4 days, 6 hours ago
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The juristic rulings concerning the Harbi do not derive from the Shariah itself; rather, they largely reflect the customs, norms, and practices prevailing in the historical context in which those rulings were formulated. Therefore, they should not be treated as intrinsic prescriptions of the Shariah.
From the perspective of Islamic law, the lawful acquisition of property belonging to an enemy in a state of war is confined to the spoils of war (ghanimah) obtained through legitimate warfare, as regulated by the Shariah.
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