A Reichskrieg ("Imperial War", pl. Reichskriege ) was a war fought by the Holy Roman Empire as a whole against a common enemy. After the Peace of Westphalia in 1648, a Reichskrieg was a formal state of war that could only be declared by the Imperial Diet .
66-537: There were two kinds of Reichskrieg with two different legal bases. The first was a Reichsexekutionskrieg , a military action of the empire against one of its own Imperial Estates ( Reichstände ). This could only be done after one of the empire's two supreme courts, the Imperial Chamber Court or the Imperial Aulic Council , had found the offending estate to be in breach of the peace, and
132-717: A Reichsexekution (sometimes "Reich execution" in English) was an imperial or federal intervention against a member state, using military force if necessary. The instrument of the Reichsexekution was constitutionally available to the central governments of the Holy Roman Empire (800–1806), the German Empire of 1848–1849, the German Empire of 1871–1918, the Weimar Republic (1918–1933) and Nazi Germany (1933–1945). Under
198-460: A Bundesexekution was distinct from a Bundeskrieg (federal war), which was waged by the confederation as a whole against an external enemy, and a Bundesintervention (federal intervention), which was an intervention by the confederation on behalf of a member state to maintain order. The following Bundesexekutionen took place under the Confederation: The same right of Bundesexekution
264-422: A Reichsexekution was launched against Sweden , whose king owned the imperial duchies of Bremen and Verden , on 17 July 1675. The historian Peter Wilson denies that the war against Sweden qualifies as a true Reichskrieg for the same reasons the contemporaneous war against France does not. Writing in the 18th century, however, the constitutional scholar Johann Jakob Moser regarded it as a Reichskrieg . During
330-463: A harbi . Al-Shaybani ruled that even non-Muslim residents (dhimmis) could grant aman, while others sources say non-Muslim residents could not grant aman. There is a controversy among the Islamic view points regarding the application of the early territorial Islamic concepts to the modern world. While many Islamic scholars adhere the view point that the early Islamic divisions are no longer relevant to
396-551: A Muslim government, and dar al-harb (lit. territory of war), denoting lands that share a border with dar al-Islam and have not concluded an armistice. Muslims regard Islam as a universal religion and believe it to be the rightful law for all humankind. Despite this, other religious groups are permitted to have their own courts of law under Islamic rule. Muslims are imposed to spread Sharia law and sovereignty through lesser jihad against dar al-harb . According to Islam, this should first be attempted peacefully through Dawah . In
462-516: A formal Reichskrieg was ever declared was France . The diet declared war on France in 1689 , 1702 , 1734 , 1793 and 1799 . The declaration created a state of war, but it was still necessary for the emperor by a series of orders to begin the decentralised process of forming the Reichsarmee (Imperial Army) out of the Imperial Circles' troops . What each estate owed in both money and men
528-533: A formal peace treaty with a territory in dar al-harb, it was immune from attack by Muslims, and its inhabitants (called harbi ) could enter Muslim lands unmolested. In the absence of a peace treaty, a harbi could also enter Muslim lands safely if that ' harbi first obtained an aman (assurance of protection). It was through such aman that trade and cultural exchange was conducted between dar al-harb and dar al-Islam. Any adult Muslim resident of dar al-Islam (male or female, free or slave) could grant such aman to
594-416: A matter of breaching the imperial peace ( Reichsfriedensbruch ) to be resolved by the courts. It was illegal for any Imperial Estate to assist another that was breaching the peace. Following court rulings, the emperor could issue an "advocates' mandate" ( mandatum advocatorium ) that identified estates in breach of the peace as "enemies of the empire" ( Reichsfeinde ) and required other estates to act to bring
660-633: A situation, there was no chance of the diet agreeing to the emperor's proposal for a Reichskrieg against Austria. The Second Silesian War (1744–45) thus also went by without any imperial action. The Third Silesian War (1756–63), however, became wrapped in a global war of great power politics, the Seven Years' War , and Prussia could not avoid an imperial response. On 13 September 1756, the Emperor Francis I issued an advocate's mandate ( mandata avocatoria ) releasing imperial subjects from their oaths to
726-838: A territory concluded a peace treaty with dar al-Islam, dar al-Islam was obligated to protect this territory and its people, hence the territory effectively became dar al-Islam. Thus, Hanafis did not recognize this division. This designation can be found in the Quran, where Muslims are directed on how they should act in war: Excepting those who join a people between whom and you there is a treaty, or such as come to you with hearts reluctant to fight you, or to fight their own people. Had Allah wished, He would have imposed them upon you, and then they would have surely fought you. So if they keep out of your way and do not fight you, and offer you peace, then Allah does not allow you any course [of action] against them. Dar al-harb (Arabic: دار الحرب "house of war")
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#1733086349486792-649: Is also referred to as dar al-salam or "house/abode of peace". In the Quran (10.25 and 6.127) this term refers to Paradise in Heaven. Dar al-Islam consisted of Muslims and non-Muslims, with the latter living as dhimmis (protected persons). The non-Muslims had the right to their own law and religion in exchange for paying the jizya . While Muslims enjoyed full civil rights, non-Muslims were given partial civil rights. However, both Muslims and non-Muslims were equal in their claim to security and being protected from attack. For example, if an enemy seized dar al-Islam's citizens,
858-592: Is found in Article 19 of the North German Constitution of 26 June 1867. Divisions of the world in Islam In classical Islamic law , there are three major divisions of the world which are dar al-Islam ( lit. ' territory of Islam ' ), denoting regions where Islamic law prevails, dar al-sulh (lit. territory of treaty) denoting non-Islamic lands which are at peace or have an armistice with
924-491: Is rare or extremely limited. This is because Islamic countries have joined the United Nations covenant that stipulates that the relationship between nations is peace and not war. Therefore non-Muslim countries are Dār al-‘Ahd ..." According to Abu Hanifa there are three conditions that need to be fulfilled for a land to be classified as dar al-harb: The purpose behind differentiating between dar al-Islam and dar al-harb
990-600: The Bismarckian Constitution (1871–1918), a Reichsexekution could be undertaken only with the permission of the Bundesrat (Federal Council). After 1918, Reichsexekution was provided for by Paragraph 1 of Article 48 of the Weimar Constitution . Unused by the empire, it was employed four times between 1919 and 1933 against the following states: The right of Bundesexekution was confirmed by Article 26 of
1056-658: The Croatian Military Frontier . In 1544, the Diet of Speyer declared France to be an "enemy of the empire" ( Reichsfeind ) on account of its alliance with the Ottomans . This permitted the emperor to make war against France on behalf of the empire, but it was an unusual step and one not repeated for over a century. A permanent peace was finally agreed in the Treaty of Karlowitz (1699), although there were subsequent wars against
1122-601: The Final Act of the Viennese Ministerial Conferences on 15 May 1820. This was the treaty that gave the German Confederation its final structure. It permitted the military occupation of a state that was in violation of confederal law, the assumption of executive powers by a Bundeskommissar , the deposition of the ruling prince and the abrogation of all unconstitutional laws. In the German Confederation,
1188-595: The First Silesian War (1740–42), the Emperor Charles VII sought a declaration of Reichskrieg against Austria, although the latter had not breached imperial law and there was therefore no justification. The pro-Austrian elector of Mainz , Johann Friedrich Karl von Ostein , tabled a formal protest in the Imperial Diet on 23 September 1743 alleging that the election of Charles VII had been irregular. In such
1254-712: The Franco-Dutch War , In fact, Leopold had expelled the French ambassador to the Empire from Regensburg in March 1674 and informed the diet that he considered France an enemy of the Empire. Taking advantage of the general anti-French mood, he secured the diet's sanction of imperial aid to the Electoral Palatinate and other territories threatened by the French on 31 March. In April and May, the emperor issued further decrees implementing
1320-620: The Frankfurt Parliament created a Provisional Central Government for all Germany. Although the act of parliament did not grant this body the right of Reichsexekution , the Frankfurt Constitution that came into effect on 28 March 1849 did grant it to the imperial government (which never in fact came into being). In January 1849, the Frankfurt Parliament passed a law banning casinos and other gaming establishments . It
1386-609: The German Confederation (1815–1866) and the North German Confederation (1867–1871), the same right belonged to the confederal government and is called Bundesexekution . The basis of the Holy Roman Emperor's right to act against an Imperial Estate , by military means if necessary, lay in the imperial reforms enacted by the Diet of Worms in 1495, most importantly the declaration of Eternal Peace within
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#17330863494861452-551: The King in Prussia , Frederick II , and ordering them not to assist him in his illegal war. On 14 September, Francis requested the Imperial Diet sanction a Reichsexekution to restore peace to the empire. This was debated on 20 September without resolution. On 9 October, Francis increased his demands, asking for the Reichsarmee to be mobilised and for the intervention of the two guarantors of
1518-719: The Levant , Al-Awza'i was leading in this discipline and later Al-Shafi'i . The concept of dar al-harb has been affected by historical changes such as the political fragmentation of the Muslim world. The theoretical distinction between dar al-Islam and dar al-harb is widely considered inapplicable, and many contemporary Islamic jurists regard the Western world as part of the former, since Muslims can freely practise and proselytize their faith in Western countries. The Qur’an directs Muslims to spread
1584-623: The Quran or the hadith . According to Abou El Fadl , the only dar s the Quran speaks of are "the abode of the Hereafter and the abode of the earthly life, with the former described as clearly superior to the latter". Early Islamic jurists devised these terms to denote legal rulings for ongoing Muslim conquests almost a century after Muhammad . The first use of the terms was in Iraq by Abu Hanifa and his disciples Abu Yusuf and Al-Shaybani . Among those in
1650-429: The "Turkish aid" ( Türkenhilfe ), but not its requirement. Since the state of war did not require approval by the Imperial Diet, there was also no question of the emperor's right to demand assistance from those imperial states, like Bohemia and Italy , that did not participate in the diet. During the active phases of the long war, bells would be rung in churches throughout the empire at noon to remind subjects to pray for
1716-626: The Christian French to the Muslims Turks. On 30 September 1702, the Imperial Diet voted a triple quota ( triplum or 120,000 men) for defence against France. In November, it formally declared war on France. Two of the electors— Joseph Clemens of Cologne and Maximilian Emanuel of Bavaria —sided openly with France and were thus in breach of imperial law. Already in November, the Reichshofrat heard
1782-644: The Emperor Sigismund against Duke Philip the Good of Burgundy in 1434; or that declared against the Armagnacs by the Emperor Frederick III in 1444. At the Diet of Worms in 1495, the emperor was prohibited from making war in the name of the empire without first consulting the Imperial Diet. His right to make war in his own name and with his own resources was not restricted. This was the first restriction on
1848-428: The Imperial Diet declared an imperial war against revolutionary France. Under Austrian and Prussian pressure, the stated goal of this Reichskrieg was to secure from France compensation for those imperial estates, such as Austria and Prussia, that had been fighting since April 1792. The implication was that such compensation would come in the form of territorial cessions. The Reichskrieg of 1793, unlike all those before,
1914-573: The Ottomans in 1716–18 , 1736–39 and 1787–91 . The Turkish bells were rung in 1716–18 and 1736–39, but the idea was rejected in 1787–91 as out of step with the Enlightenment . During the Thirty Years' War (1618–48), no Reichskrieg was ever declared. The emperor made war by means of advocates' mandates. Imperial estates signed treaties with the emperor and with each other to provide armies as required. The Treaty of Osnabrück of 1648 restricted
1980-516: The Palatinate , the whole empire mobilized against him. Then, on 11 February 1689, the Imperial Diet approved a declaration of war against France. On 3 April 1689, Leopold I issued advocates' mandates putting the declaration into effect. This had the effect of converting the Kreistruppen into a true Reichsarmee , although the actual process by which this was done was highly decentralised and required
2046-508: The Peace of Westphalia (France and Sweden). On 17 January 1757, a Reichskrieg was declared against Prussia. A triple quota was called up for a Reichs-Exekutions-Armee . The representatives of the Prussian king were removed from imperial institutions, imperial postal service to Prussian territory was suspended and travel into and out of it was banned, although not trade (even in war materiel, which
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2112-399: The bounds of the empire. Against those who broke the peace, the emperor could obtain a ruling from the Imperial Chamber Court or the Imperial Aulic Council and then issue a Reichsexekution against the offending estate. Often, the imperial execution would be delegated to one or several other estates belong to the same Imperial Circle as the offender. When this was insufficient, it fell to
2178-565: The case against them and recommended that the other electors be consulted about outlawing the rebels. In 1705, the Emperor Joseph I pressured the diet to extend the Reichskrieg to include the wars ongoing in Italy and Hungary, but the diet refused. In November 1705, the electors minus Cologne and Bavaria voted to outlaw those two and the emperor transmitted the declaration of the imperial ban to
2244-485: The case of war, Muslims are imposed to subject , or eliminate fighters until they surrender or seek peace. The Arabic singular form dar ( دار ), translated literally, may mean "house", "abode", "structure", "place", "land", or "country". In Islamic jurisprudence it often refers to a part of the world. The notions of "houses" or "divisions" of the world in Islam such as dar al-Islam and dar al-harb does not appear in
2310-537: The colonizers. Under the classical doctrine, it was the duty of Muslim rulers to bring dar al-harb under Islamic sovereignty. A state of war was presumed between dar al-harb and dar al-Islam, but this did not necessarily imply that hostilities must occur. It was up to the ruler to decide when, where and against whom to wage war. So in practice there was often peace between dar al-Islam and dar al-harb; formal armistices could last up to 10 years, while informal peace could last much longer than 10 years. During periods of
2376-583: The demise of the Holy Roman Empire in 1806 and the formation of German Confederation ( Deutscher Bund ) in 1815, a war involving several German states or countries against other parties were referred to as a Bundesfeldzug , that is, a "federal campaign". Examples include the First Schleswig War (1848–51) and the Austro-Prussian War (1866). Reichsexekution In German history ,
2442-411: The diet's grant of aid. His decision not to call for a Reichskrieg forced him to lean heavily on the militarised princes and thus further increased their standing and influence in the Empire. Although the diet, at the suggestion of the French king, Louis XIV , considered sending its own representative to the peace conference at Nijmegen in 1675–76, this was vetoed by Leopold, who asserted that since it
2508-739: The diet. During the War of the Polish Succession , which began in 1733, most of the empire supported the claim of the Saxon elector, Augustus III , to the Polish throne, against the claims of Stanisław Leszczyński , who was supported by the French. War between France and Austria broke out in the Rhineland and in Italy. On 9 November 1733, the Frankfurt Association , an association of Imperial Circles, authorised
2574-422: The emperor's war-making powers, and it introduced the concept of a war fought by the whole empire as distinct from a war fought privately by the emperor. The 1495 diet also declared an Eternal Peace and instituted a supreme court, the Imperial Chamber Court . These acts outlawed private warfare and feuds , and created a binding judicial mechanism for dispute resolution. This had the effect of making civil wars
2640-641: The empire as a whole and the Reichsarmee (imperial army) to enforce the verdict of the court, resulting in a full Reichskrieg (imperial war), which may be known as a Reichsexekutionskrieg or Exekutionskrieg . This final escalation required the approval of the Imperial Diet after 1648. There were numerous Reichsexekutionen in the Holy Roman Empire: During the German revolutions of 1848–1849 ,
2706-511: The empire between wars against fellow Christians and wars against non-Christians, which, in the imperial context, meant the Ottoman Turks . Between 1529 and 1699, the empire was in a constant state of war with the Ottomans, punctuated only by temporary truces that usually involved the payment of tribute to the Ottomans. This permanent state of war followed from the Ottoman division of world between
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2772-528: The end no proposal was tabled in the Imperial Diet. In late February 1799, Austria having failed to satisfy a French ultimatum, France resumed the war with the Empire by invading the Rhineland while the Congress of Rastatt was still sitting and before a peace treaty had been signed. The emperor decreed that the Reichskrieg was resumed. On 16 September, the Diet voted 100 Roman months and a quintuple quota ( quintuplum ),
2838-414: The enemy to heel. Thus, after a judicial process, the empire could make war on one of its own members that was in breach of the peace. Charles V in his Wahlkapitulation (electoral capitulation) of 1519 agreed not to declare war without the consent of the electors. This represented a loosening of the restriction imposed in 1495. In the early modern period , a fundamental difference was introduced to
2904-560: The estate was too powerful to be subdued by the Imperial Circle to which it belonged. The second kind of Reichskrieg was that against another sovereign state that had violated the empire's rights or frontiers. After 1519, the emperors were bound to get the support of the Imperial Electors prior to declaring war on another state. From 1648, they required the approval of the diet for both kinds of war. The only state against which
2970-553: The fundamental distinction between dar al-Islam and dar al-harb was introduced after the defeat of the Umayyad Caliphate at the Battle of Tours in 732 which prevented the expansion of Islam to the north, while at the same time the expansion of the caliphate to the east had been halted. Wahbah al-Zuhayli argues that the concept of dar al-harb is mostly historical: "The existence of Dār al-Islām and Dār al-Ḥarb in contemporary times
3036-401: The idea of Muslims at perpetual war with the non-Muslims in the modern world, with the contemporary international system has evolved so much from the period when the classical Muslim scholars wrote on the classification that new thinking and perspectives are required. Further, according to Hassan, in today’s context, any Muslim-ruled state, which is a member of the United Nations, is by default in
3102-540: The issuance of old-fashioned advocates' mandates. Despite this, the Empire did not join the Grand Alliance in May 1689, although the emperor did on his own behalf as ruler of Austria and Hungary . The declaration of war of 1689 was revolutionary. The precedent of 1544 had not been forgotten, and the war with the Ottomans was raging in the east. The declaration of war on France sought to build morale and rally support by equating
3168-454: The lands of Islam and the "house of war" . These wars attracted support from both Catholic and Protestant Europe. Although they had the support of the Papacy , they were never declared crusades . Owing to the impossibility of peace, the right of the emperor to demand assistance in the war against the Ottomans was unquestioned. In the 1520s the Imperial Diet asserted its right to debate the level of
3234-506: The largest military outlay in the history of the empire. This was little more than a paper decision, since many states had declared neutrality and voted against the resumption of the Reichskrieg . Since no peace treaty had been signed, it had also been unnecessary to vote on a formal declaration of war, the emperor's declaration on resuming hostilities was sufficient. In response to the Swedish invasion of Brandenburg in support of France in 1674,
3300-437: The message of Islam worldwide declaring it to be a religion for all humankind. Early Islamic legal theory divided the world into two divisions: "abode of Islam" and "abode of war". The first, called dar al-Islam , sometimes Pax Islamica , consisted of Muslims and non-Muslims living under Islamic sovereignty. The second was dar al-harb , ruled by non-Muslims and specifically infidels. Another secondary division of Dar al-'Ahd
3366-505: The mobilization of a triple quota for the Austrian war effort. Finally, on 9 April 1734, the Imperial Diet declared war against France. Ultimately, while 36,338 troops were raised for the Reichsarmee by September 1735, various states provided 54,302 troops to the Austrian army through simple bilateral agreements alone. In 1735, Russia intervened on the side of the empire. A preliminary peace
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#17330863494863432-428: The modern world, other argue that it could still be applied for some specific situations and territories and radical viewpoints do stick to the fundamental interpretation. According to Muhammad Haniff Hassan, it can be argued that most of the secular Muslim countries today are not Dar al-Islam and most of the non-Muslim countries (which are not at war with the Muslim world) are not Dar al-Harb. Such nuances weigh against
3498-407: The originator of the concept, the requirements for a country to be part of dar al-Islam are: Dar al-'Ahd (Arabic: دار العهد "house of truce") or dar al- Sulh (Arabic: دار الصلح "house of conciliation/treaty") were terms used for territories that have a treaty of non-aggression or peace with Muslims. Such a division was recognized by Shafi'i jurists. But Hanafi jurists argued that if
3564-471: The right of the emperor to make war in the empire's name—either against external foes or internal violators of the peace—without permission from the Imperial Diet. The first war waged in the empire's name after 1648 was the war against the Ottomans in 1663–64 . It is commonly said that the Emperor Leopold I obtained a declaration of Reichskrieg (or Reichskriegserklärung ) against France in 1674 during
3630-598: The state was obliged to free them, whether they were Muslim or non-Muslim. Likewise, in foreign affairs, the Muslim government represented both its Muslim and non-Muslim citizens. Relations between Muslims and non-Muslims were regulated by "constitutional charters" (special agreements issued by the authorities), and these agreements recognized the personal law of each non-Muslim community (the Jewish community, Christian community etc). Non-Muslims could access Islamic courts if they wished. According to Abu Hanifa , considered to be
3696-435: The success of the imperial armies, a practice known as the "Turkish bells" ( Türkenglocken ). The Diet voted to raise imperial troops for the Turkish war five times before the Peace of Zsitvatorok ended the Long Turkish War in 1606. An imperial army was thus in the field, often outside of the empire's borders, in 1532, 1542, 1552, 1566–67 and 1593–1606. During the last war, the imperial troops also undertook garrison duty on
3762-435: Was a term classically referring to those countries which do not have a treaty of non-aggression or peace with Muslims (those that do are called dar al-'Ahd or dar al-Sulh). The notions of divisions of the world, or dar al-harb , does not appear in the Quran or the Hadith . According to some scholars, the term "abode of war" was simply a description of the harsh reality of the premodern world. According to Majid Khadduri ,
3828-415: Was a war against the Turks no declaration of Reichskrieg was necessary. In the same year, in response to military flaws exposed during the Dutch War, the diet passed a law on military organization that formed the basis of the Imperial Military Constitution until the end of the empire. Between 1672 and 1688, the emperor employed advocates' mandates against Louis XIV of France . When in 1688 Louis invaded
3894-506: Was assigned for territories ruled by non-Muslims that have a treaty of non-aggression or peace with Muslims, effectively an intermediate status between the two major divisions. Dar al-Islam ( Arabic : دار الإسلام literally house/abode of Islam or dar at-Tawhid , house/abode of monotheism ) was a term used by Muslim scholars to refer to those countries under Muslim sovereignty, sometimes considered "the home of Islam" or Pax Islamica . Dar al-Islam meaning "house/abode of Islam"
3960-437: Was determined by the Imperial Military Constitution . Following the Reichsdeputationshauptschluss (1803), the six imperial cities that remained were pledged to perpetual neutrality even during a Reichskrieg . In the Middle Ages , the formal mechanisms of imperial war did not yet exist. Historians still sometimes speak of imperial wars, such as the war against the Count of Württemberg in 1311–1312 ; that declared by
4026-428: Was not a Reichskrieg he retained full authority to negotiate on the empire's behalf. This set a precedent that was upheld even in future Reichskriege in 1697 and 1714: the emperor could negotiate peace without the diet. The negotiated treaty, however, had still to be ratified by the diet. In 1681, the Imperial Diet approved a triple quota of Imperial Circle troops ( Kreistruppen ) for the relief of Vienna , but as it
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#17330863494864092-402: Was only classed as contraband in 1760). In February 1763, the Imperial Diet formally declared the Reichskrieg over and the Treaty of Hubertusburg restored the status quo ante bellum . The War of the Bavarian Succession that broke out between Austria and Prussia in 1778 saw barely any fighting, and was diplomatically resolved before any Reichsexekution was sought by the emperor. After
4158-439: Was signed in Vienna on 3 October that year, but the final peace treaty was not signed until 1738. After the outbreak of the French Revolutionary War , Emperor Francis II petitioned the Imperial Diet for 100 Roman months on 1 September 1792. In November, the Imperial Diet agreed to a triple quota and thirty Roman months (that is, four million florins ) to be paid into the Imperial Operations Fund . Finally, on 23 March 1793,
4224-453: Was thus an offensive war, although the diet itself refused to recognised this, preferring to see it as a war forced upon it by France. Throughout 1793, as Prussia's commitment to the war weakened, the increasingly defensive Reichskrieg rose in popularity. In January 1794, with the war going badly for the Empire, discussions were held behind the scenes to try to strengthen the emperor's war-making powers, but no agreement could be reached and in
4290-431: Was to identify the land as either one of safety for the Muslims or of fear. So, if Muslims are generally safe in a land and not in fear, then it cannot be classified as dar al-harb. During European colonization , the status of colonized territories such as British India was debated, with some saying that it was dar al-harb . However, there was no suggestion that Muslims were therefore required to wage jihad against
4356-435: Was to take effect on 1 May. The Landgraviate of Hesse-Homburg demanded compensation for the loss of its lucrative Spielbank Bad Homburg , but this was refused. On 9 March, Hesse-Homburg formally protested the law and on 1 May it had not complied. On 7 May, the provisional government sent a Reichskommissar , Theodor Friedrich Knyn , to Homburg with 700 troops in order to carry out a Reichsexekution . Under Article 19 of
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