Islamic jurists built a parallel religious-legal framework justifying conquest of non-Muslim lands.
Evidence
“Some Muslim advisors to kings developed the idea of darul Islam and darul harb and argued that it was acceptable to conquer (fatah) those areas at war with Islam to establish Islam,” Khan said. “Fatah literally means to open up, so open up areas for Islam. The Ottomans in particular used this theory.” — Renae Ditmer, Johnson v. M’Intosh, 36
Categorization
- XREF: Directly parallels the Christian Doctrine of Discovery as a religiously legitimated land-conquest framework — useful for comparative colonial-law work.
- QUESTION: Does darul harb/darul Islam ever function as an enforceable property doctrine in Ottoman courts the way Discovery functioned in U.S. courts?