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Academic literature on the topic 'Dhimma Legal Status'

Author: Grafiati

Published: 2 June 2025

Last updated: 22 June 2025

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Journal articles on the topic "Dhimma Legal Status"

1

Al-Qattan, Najwa. "Dhimmīs in the Muslim Court: Legal Autonomy and Religious Discrimination." International Journal of Middle East Studies 31, no. 3 (1999): 429–44. http://dx.doi.org/10.1017/s0020743800055501.

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This article will examine the legal status of dhimmīs (non-Muslims) as documented in the sijills of the shariʿa courts of Ottoman Damascus in the 18th and 19th centuries. It will focus on two related aspects of dhimmī legal life: the extent of the judicial autonomy granted to non-Muslims and the kind of justice that dhimmīs obtained at the Muslim court.

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2

Jo‘raboy, Toshqulov. "Legal Foundations of Regulating War and Peace in Islamic Law." International Journal of Law And Criminology 05, no. 04 (2025): 14–19. https://doi.org/10.37547/ijlc/volume05issue04-04.

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This study explores the foundational legal framework within Islamic law that governs the treatment and status of non-Muslims (dhimmis), particularly during periods of war and peace. Drawing upon classical Islamic legal texts, Qur’anic verses, and Hadiths of the Prophet Muhammad (peace be upon him), it outlines the categories of people under Islamic rule — Muslims, dhimmis, musta'mins, combatants, and others. Special emphasis is placed on the rights, restrictions, and duties of dhimmis (primarily Jews and Christians), and the nature of their treaties with the Islamic state, including the payment of jizya and kharaj. The paper analyzes social, legal, political, and economic dimensions of coexistence, including their dress code, religious freedoms, and civil protections. The work relies on interpretations by classical jurists such as Abu Yusuf and historical precedents set during the era of the Prophet and early caliphs.

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3

Berger, Maurits. "PUBLIC POLICY AND ISLAMIC LAW: THE MODERN DHIMMĪ IN CONTEMPORARY EGYPTIAN FAMILY LAW." Islamic Law and Society 8, no. 1 (2001): 88–136. http://dx.doi.org/10.1163/156851901753129683.

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AbstractEgyptian law has maintained the Islamic system of interreligious law in which the Muslim, Christian and Jewish communities are governed by their own courts and their own laws. In the course of the twentieth century, however, these separate courts were abolished and the application of non-Muslim laws was restricted to matters of marriage and divorce, and then only if the non-Muslim spouses share the rite and sect of the same religion. In all other cases Islamic law applies. In addition, non-Muslim laws may not be applied if they violate Egyptian "public policy", a European concept which refers to the fundamentals of a national legal order. Egyptian public policy can be defined as those principles which are essential in Islamic law. In this article I analyse the status of the non-Muslim Egyptian in contemporary personal status law, based on Egyptian case law and legal literature. The concept of public policy plays a key role in understanding the mechanics of interreligious law in Egypt. I will argue that public policy serves as a legal barometer of the coexistence between Muslim and non-Muslim communities in Egypt.

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4

Wahid, Hairunnizam, Mohd Fairuz Md. Salleh, Norida Basnan, Azlina Ahmad, Azizah Mohd Harun, and Ainol Basirah Abdul Wahab. "Konsep Dhimmah, Entiti Perundangan dan lmplikasinya Terhadap Amalan Perakaunan oleh Majlis Agama lslam Negeri di Malaysia." IPN Journal of Research and Practice in Public Sector Accounting and Management 10, no. 01 (2020): 25–43. http://dx.doi.org/10.58458/ipnj.v10.01.02.0062.

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The fuqaha and current scholars have recognised the role of human beings and jinn in fulilling their responsibilities as servants of the Almighty and their trusted responsibilities to the rest of mankind. Certain of discussion under the corpus of Islamic legal knowledge declare that an entity organised by a group of people (syahsiyyah iktibariyyah) is set up to shoulder the responsibilities and fulil the trusts from Almighty God that cannot be carried out eficiently by an individual due to its existence over a longer period of time than the average human age. The question is whether the establishment of a State Islamic Religious Council (MAIN) is in line with the characteristics and concept of entities that have been debated by current and previous fuqaha. If this study hypothesis is true, then a MAIN is a legal entity with limited dhimmah in which all its activities are bound by the State Islamic Religious Administration Enactment as well as other statutes relating to civil law at the federal level. The objective of this study is to analyse the concept of limited dhimmah in accordance with Islamic law on the operations and activities of a MAIN in general and its implications regarding current accounting practices by a MAIN. This study has used a qualitative method through semi-structured interviews with, a number of experts including the upper management of MAIN, Shari’ah advisory committees of Islamic inancial institutions and States Fatwa committees. The study has found that a limited concept of dhimmah applies to a MAIN. Therefore, the MAIN of each state in Malaysia must carry out its trusted and responsibilities in compliance with current accounting standards set by the government. This is in line with the iqh method of tasarruf al-Imam Manut bil-maslahah, which indicates that all activities conducted by the MAIN are aimed at safeguarding the interests and maslahat of Muslims. Several policy recommendation and implication are also discussed in this study. Keywords: Legal Entity, Dhimmah, Sakhsiyyah I’tibariyyah, Accounting Practice, Enactment

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5

Sahner, Christian C. "Zoroastrian law and the spread of Islam in Iranian society (ninth–tenth century)." Bulletin of the School of Oriental and African Studies 84, no. 1 (2021): 67–93. http://dx.doi.org/10.1017/s0041977x21000021.

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AbstractThis article explores three important Zoroastrian legal texts from the ʿAbbasid period, consisting of questions and answers to high-ranking priests. The texts contain a wellspring of information about the social history of Zoroastrianism under Islamic rule, especially the formative encounter between Zoroastrians and Muslims. These include matters such as conversion, apostasy, sexual relations with outsiders, inheritance, commerce, and the economic status of priests. The article argues that the elite clergy responsible for writing these texts used law to refashion the Zoroastrian community from the rulers of Iran, as they had been in Late Antiquity, into one of a variety of dhimmī groups living under Islamic rule. It also argues that, far from being brittle or inflexible, the priests responded to the challenges of the day with creativity and pragmatism. On both counts, there are strong parallels between the experiences of Zoroastrians and those of Christians and Jews, who also turned to law as an instrument for rethinking their place in the new Islamic cosmos. Finally, the article makes a methodological point, namely to show the importance of integrating Pahlavi sources into wider histories of Iran and the Middle East during the early Islamic period.

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6

Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, Ammar Farid, Jazz Kyanu Azzahra, and Siti Hanifah Jauharoh Wahidah. "Tinjauan Kritis Kewarganegaraan dalam Perspektif Hukum Tata Negara dan Hukum Islam." Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia 1, no. 4 (2024): 173–84. https://doi.org/10.62383/amandemen.v1i4.625.

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This think around focuses to essentially and comprehensively see at the concept of citizenship from the focuses of see of sacrosanct law and Islamic law. Citizenship may be a legal status that characterizes the rights and commitments of an individual interior a state. Inside the setting of sacrosanct law, citizenship is controlled through constitutions and citizenship laws that incorporate distinctive perspectives such as the benchmarks of citizenship (ius soli, ius sanguinis), human rights, and conscious commitments. Sacrosanct law besides considers the measures of vote based framework, value, and adjust in choosing citizenship status. On the other hand, from the point of see of Islamic law, the concept of citizenship isn't because it were seen from a legal-formal point but in addition incorporates moral and ethical estimations. Islamic law gives heading on the commitments and rights of individuals as parcel of the ummah (the Muslim community), based on Shariah measures such as value ('adl), open welfare (maslahah), and the confirmation of fundamental human rights. Besides, Islamic law considers the rights of non-Muslims interior an Islamic state setting through the concept of "ahl al-dhimmah" (guaranteed people) and the benchmarks of minority rights security. This examine grasps a essential and comparative examination approach to evaluate the resemblances and contrasts between these two perspectives. The revelations illustrate that in show disdain toward of foremost contrasts in their philosophical and methodological bases, both secured law and Islamic law share common goals, to be particular the confirmation of human rights and social value. In any case, contrasts inside the interpretation of these concepts can impact the execution of citizenship approaches in several countries. The think approximately additionally highlights the challenges and openings in coordination Islamic law benchmarks into the framework of display day sacrosanct law, particularly in Muslim-majority countries. At final, the examine proposes the require for more genuinely interest talk to realize a concordant agreeable vitality between secured law and Islamic law in controlling citizenship sensibly and comprehensively.

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7

Çiçek, Kemal. "Interpreters of the Court in the Ottoman Empire as seen from the Sharia Court Records of Cyprus." Islamic Law and Society 9, no. 1 (2002): 1–15. http://dx.doi.org/10.1163/156851902753649252.

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AbstractAlthough the question of interpreters (tercüman) in the Ottoman empire has been a popular subject in recent writing on Ottoman history, the interpreters of the courts of the qadi (mahkeme tercümanlarι) have remained a mystery. Pioneering researchers of the sijills have mentioned their presence in court, but have been unable to establish their existence or explain the silence of the records about their position. In this essay, I analyse documents found in the sijills of the province of Nicosia, Cyprus, in order to explore the work of the translators who were charged with helping people on trial who did not know Ottoman Turkish. The court interpreters assisted the qadi and played an important role in the administration of justice, especially with regard to non-Muslims. The presence of interpreters in the qadi court of Nicosia helped the qadi to administer justice among dhimmis and gain their confidence, which may explain the frequency of references to them. Based on some berats (documents issued by the diwans) recorded in the sijills, I examine the identity, appointment, and the legal status of court interpreters.

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8

Bosanquet, Antonia. "Ordered Relationships. The Regulation of Jewish-Christian Marriages and Children in Ibn Qayyim al-Jawziyya’s Legal Works." Entangled Religions 13, no. 2 (2022). http://dx.doi.org/10.46586/er.13.2022.9938.

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Ibn Qayyim al-Jawziyya (d. 751/1350) was a well-known theologian and jurist who lived in Mamluk Damascus. He wrote on a variety of topics and his writing has retained, or acquired, relevance for many Muslim readers today. Amongst his works is a legal compendium dedicated to Jews and Christians living under Islamic rule, entitled Aḥkām ahl al-dhimma. Although most of the rulings in Aḥkām ahl al-dhimma focus on relations between non-Muslims and Muslims, or Muslim society, Ibn al-Qayyim also discusses the question of Christian-Jewish marriage and the identity of a child born to a Christian-Jewish couple. This article analyses his teaching on both questions and relates it to the wider intellectual and historical-social context. It argues that Ibn al-Qayyim uses the question of inter-religious marriage and children’s religious identity to develop ideas about the relationship between Judaism, Christianity and Islam and to link these to the political status of Jews and Christians in his own historical and social context.

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9

Murat, Şimşek. "A Critical Edition and Analysis of Nuh ibn Mustafa's al-Fawāʿid al-muhimma fī bayān ishtirāt al-tabarrī fī islām ahl al-dhimma". Balagh Journal of Islamic and Humanities Studies 1, № 1 (2021). https://doi.org/10.5281/zenodo.5069053.

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Nuh ibn Mustafa is an Ottoman scholar lived in the 16th century. He spent the last 40 years of his life in Egypt. Nūh ibn Mustafa was a prolific scholar who wrote over 50 works in different fields of Islamic sciences, especially jurisprudence, legal theory, kalam, and mysticism. The treatise (A<em>l-Fawāʿid Al-Muhimma)</em> was written based on a discussion that was about conversion. The debate is on whether it is sufficient for a Christian converting to Islam to recite the Shahāda - ‘the testimony of faith’ (I testify that there is no god, but God and I testify that Muhammad is the messenger of God), or whether the convert needs to announce their dissociation from their original faith (tabarrī). Nuh ibn Mustafa says that the opinion that regards saying only the <em>Shahāda, </em>as a sufficient proof for one’s conversion, contradicts the widely accepted opinion in Hanafī legal tradition and that to discuss the issue with respect to regional differences is incorrect, for there is no difference between Christians living in Iraq and Egypt. In the pre-modern period, a person’s social status was primarily determined by faith. The legal procedure concerning the conversion of Cairene Jews and Christians to Islam was the subject of discussion, at the time when the work was composed. The discussion was about how authorities will determine the religious and the social status, within the framework of the official rights and responsibilities. You will find the analysis and the critical edition of the relevant treatise in this article.

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10

Fatih, ŞABANİ. "16. Yüzyılın İkinci Yarısında Osmanlı Devleti'nde Zimmî İsyanları ve Bunların Örfî Hukuk-Şer'î Hukuk Açısından İncelenmesi: Arnavut Zimmîleri Örneği." January 10, 2023. https://doi.org/10.5281/zenodo.7513168.

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<strong>Öz</strong> Osmanlı Devleti’nin hâkimiyeti altında yaşayan çeşitli etnik ve dini grupların zaman zaman hükümete veya bölgedeki devlet yetkililerine karşı farklı sebep ve nedenlerle isyan ettikleri görülmektedir. Osmanlı tarihini ve hukukunu inceleyen araştırmacılar daha çok müslümanlar tarafından meydana gelen Yeniçeri ve Celâlî isyanlarını siyasî ve tarihî açıdan incelemiş olup bunların hukukî boyutlarını tetkik ve analiz eden çok az araştırma yapılmıştır. Özellikle klasik dönemde zimmî statüsünde bulunan Osmanlı tebaanın çıkardığı isyanlar müstakil olarak inceleme konusu yapılmamıştır. Binaenaleyh zimmî isyanlarının siyasî, tarihî ve hukukî bakımından inceleyecek ve bu konuda Osmanlı Devleti’nin izlediği politikalar, âsilere yönelik aldığı tedbirler ve suçlulara uyguladığı hükümleri gün yüzüne çıkaracak akademik araştırmalara ihtiyaç duyulmaktadır. Bu makale, 1560–1590 yılları arasında zimmî statüsündeki Arnavutların çıkardıkları isyanları hukukî yönünden incelemeyi amaçlamaktadır. Ayrıca bu çalışma Osmanlı Devleti’nin zimmî âsilere yönelik hukukî uygulamalarının şer‘î hükümlere uyumlu olup olmadığını da tetkik etmeyi hedeflemektedir. Konu Osmanlı merkezî idarenin âsi zimmîlerle ilgili Arnavutluk’taki devlet yetkililerine gönderdiği emirler ve şeyhülislamların bu konuda verdiği fetvalar incelenerek örfî hukuku temsil eden Dîvân-ı Hümâyun kurumu ile şer‘î hukuku temsil eden Şeyhülislamlık kurumunun birbiriyle ne kadar uyumlu olduğu ve bunların şer‘î hükümlere ne derecede riayet ettikleri tespit edilmiştir. <strong>Anahtar Kelimeler</strong>: Osmanlı Hukuku, Şer‘î Hukuk-Örfî Hukuk, Dîvân-ı Hümâyun Kararları, Zimmî Arnavut İsyanları, Şeyhülislam Fetvaları.   <strong>Abstract</strong> Different religious and ethnic groups who were living in the Ottoman Empire occasionally rebelled against the government or the state authorities for various reasons and purposes. Academic researchers studying Ottoman history and law have particularly examined the Janissaries (Yeniçeri) and Celālī rebellions, which were cropped up by Muslims from a political and historical perspective, but they have not concentrated on the juridical aspects of them. Especially in the early period of Ottoman State, the rebellions made by people who were in dhimmī status have not yet been independently examined. Therefore, we need more academic studies that will examine the dhimmī rebellions in terms of political, historical, and especially legal aspects and reveal the policies followed, the measures taken against the rebels, and the judgments appealed to the criminals by the government. This article focuses on analyzing the legal aspects of Albanian rebellious in dhimmī status between the years 1560-1590. In addition, this study further aims to examine whether the legal rules of Ottoman law against dhimmī rebels were compatible with the sharī‘ah injunctions or not. By exploring the orders about the dhimmī rebellious sent by the central administration to the rule authorities in Ottoman Albania and the fatwās handed over by the shaikh al-Islams, we analyzed the verdicts of Imperial Council (Dîvân-ı Hümâyun), which represents the customary law (örfî hukuk), and the fatwas of sheikh al-Islams, which represents the sharī‘ah law to notice whether they were compatible with each other, and also to see whether the decisions of these two institutions were in harmony with the sharī‘ah provisions. <strong>Keywords</strong>: Ottoman Law, Sharī‘ah Law-Urfī Law, The Decrees of Imperial Council, Albanian Dhimmī Rebellious, The Fatwās of Shaikh al-Islāms.

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Books on the topic "Dhimma Legal Status"

1

Awang, Abdul Rahman. The status of the dhimmī in Islamic Law. International Law Book Services, 1994.

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Aguh, Philip Obinna. Shari'a and the legal status of non-muslims in Islamic states in the days of Mahomet. Spiritan Publications, 2002.

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3

Nimr, Nimr Muḥammad al-Khalīl. Ahl al-dhimmah wa-al-wilāyāt al-ʻāmmah fī al-fiqh al-Islāmī. al-Maktabah al-Islāmīyah, 1988.

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R, Abbas Bakr, ʻAmad Iḥsān Ṣidqī, and Royal Academy for Islamic Civilization Research., eds. Treatment of non-muslims in Islam. Royal Academy for Islamic Civilization Research (Āl Albait Foundation), 1992.

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Khashin, Husayn. Fiqh al-alaqat al-ijtimaiyah wa-al-madaniyah maa ghayr al-Muslim. Manarat, 2022.

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Faṭṭānī, Ismāʻīl Luṭfī. Ikhtilāf al-dārayn wa-atharuhu fī aḥkām al-munākaḥāt wa-al-ʻāmalāt. Dār al-Salām lil-Ṭibāʻah wa-al-Nashr wa-al-Tawzīʻ wa-al-Tarjamah, 1990.

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7

Kenanoğlu, Macit. Osmanlı millet sistemi: Mit ve gerçek. Klasik, 2004.

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National Foundation for Development of Indigenous Nationalities (Nepal), ed. The Majhi Warang system of the Dhimal community: A case study on the traditional institution and customary laws of the Dhimals. National Foundation for Development of Indigeneous Nationalities, 2016.

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Jammāl, Muṣṭafā. al- Aḥwāl al-shakhṣīyah li-ghayr al-Muslimīn. Manshūrāt al-Ḥalabī al-Ḥuqūqīyah, 2002.

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Hanbali, Abdul Muttalib Ahmad. Islamic law provisions for non-Muslims. Ibrahim Kewulere Islamic Press, 2002.

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Book chapters on the topic "Dhimma Legal Status"

1

"Chapter Six. Current Application of Public Aspects of Dhimmah." In Religious Legal Traditions, International Human Rights Law and Muslim States. Brill | Nijhoff, 2008. http://dx.doi.org/10.1163/ej.9789004165557.vii-286.45.

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"Chapter Seven. Current Application of Personal Aspects of Dhimmah." In Religious Legal Traditions, International Human Rights Law and Muslim States. Brill | Nijhoff, 2008. http://dx.doi.org/10.1163/ej.9789004165557.vii-286.49.

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"Chapter Five. Muslim Legal Traditions of Dhimmah and Relevant Human Rights Law." In Religious Legal Traditions, International Human Rights Law and Muslim States. Brill | Nijhoff, 2008. http://dx.doi.org/10.1163/ej.9789004165557.vii-286.42.

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Harel, Yaron. "The Raʿaya and the Machinery of the Ottoman State." In Syrian Jewry in Transition, 1840-1880. Liverpool University Press, 2010. http://dx.doi.org/10.3828/liverpool/9781904113652.003.0008.

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ISLAMIC doctrine mandated that no dhimmi could exercise authority over a Muslim. One consequence of this was resistance to the incorporation of infidels—collectively known as the raʿaya—in the administrative machinery of the Muslim state. As in other areas, local requirements dictated the extent to which this principle was implemented or ignored; nonetheless, it was enshrined in state law. In this respect, the Ottoman reforms represented fundamental and sweeping political changes for the empire’s non-Muslim subjects. They established, for the first time ever in a Muslim state, official equality for all subjects without regard to religion. This required Muslims not only to make legal concessions, but also to forgo the doctrine of Muslim social superiority, which had dictated the discriminatory attitude towards, and lower status of, the non-Muslim minorities....

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