There is a difference of opinion of what constitutes dar al xarb. There are some who said that dar al xarb is any land where the Shari'a is not implemented. However, others said that dar al xarb are lands where Muslims are not allowed to practice or spread Islam freely. So if a kafir country allows Muslims to live freely, it is not dar al xarb. This is the opinion of Imam Abu Hanifah, who listed three conditions for a territory to be considered xarbi:
- Implementation of the laws of the non-Muslims openly and that no rule of Islam is implemented any longer
- Bordering another Dār al-Ḥarb
- No Muslim remains safe as he was before the non-Muslims took power
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The reasoning behind these conditions is because the whole purpose for violent jihad is to defend and spread Islam. So if a territory already allows Muslims to live freely and spread their religion, then invading that country is unnecessary and we can do dacwah there instead.