Judgment

Judgment

Seeking independence from the perspective of Islamic jurisprudence

Document Type : Scientific

Authors
Department of Jurisprudence and Law. Faculty of Islamic Jurisprudence and Law. International University of Islamic Denominations. Tehran. Iran
10.22034/judg.2026.2057599.1423
Abstract
The contemporary world witnesses situations where portions of Islamic territories fall under non-Muslim dominion, while non-Islamic currents challenge Muslim sovereignty over Islamic domains. Under such circumstances, elucidating Islamic jurisprudence's perspective on independence movements assumes strategic importance, potentially forming coherent sovereignty and independence theories based on jurisprudential foundations. This research extracts and explicates jurisprudential rulings related to sovereignty and independence in the Islamic world. The investigation examines traditional geographical divisions into Dar al-Islam and Dar al-Kufr, analyzing Sharia-based principles governing independence movements by Muslims and non-Muslims within these geographical-jurisprudential domains. Independence movement issues from Islamic jurisprudence perspectives possess paramount judicial significance due to their direct impact on involved individuals' and groups' legal status. These rulings determine independence movements' legitimacy and play decisive roles in determining actors' criminal status, financial rulings, and courts' judicial competence. The research findings are: First, Muslim endeavors to establish Islamic governance and liberation from taghut dominion constitute religious obligations when conditions permit. Second, any Muslim separatism from Islamic government in Islamic territories is prohibited (haram). Third, non-Muslim independence movements within Islamic territory are forbidden, abrogating dhimma covenants or treaties. Fourth, Muslim liberation from infidel government dominion in non-Islamic territories is obligatory based on nafy al-sabil principles. Fifth, regarding non-Muslim independence movements in non-Islamic territories, jurisprudential rulings depend on existing sovereignty status and independence-seeking groups. This research presents a comprehensive framework for jurisprudential analysis of independence movement issues, designed on tripartite variables: "geographical territory nature," "independence-seeking peoples' religious identity," and "sovereignties' political status." The study distinguishes between "independence-seeking against taghut" and "separatism from Islamic government," proposing dualistic legitimacy theory for independence movements.
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Articles in Press, Accepted Manuscript
Available Online from 13 July 2026

  • Receive Date 10 April 2025
  • Revise Date 23 September 2025
  • Accept Date 13 July 2026