Journal articles on the topic 'Dhimma Legal Status'

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.

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.

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.

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

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.

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.

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.

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.

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 - &lsquo;the testimony of faith&rsquo; (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&rsquo;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&rsquo;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.

<strong>&Ouml;z</strong> Osmanlı Devleti&rsquo;nin h&acirc;kimiyeti altında yaşayan &ccedil;eşitli etnik ve dini grupların zaman zaman h&uuml;k&uuml;mete veya b&ouml;lgedeki devlet yetkililerine karşı farklı sebep ve nedenlerle isyan ettikleri g&ouml;r&uuml;lmektedir. Osmanlı tarihini ve hukukunu inceleyen araştırmacılar daha &ccedil;ok m&uuml;sl&uuml;manlar tarafından meydana gelen Yeni&ccedil;eri ve Cel&acirc;l&icirc; isyanlarını siyas&icirc; ve tarih&icirc; a&ccedil;ıdan incelemiş olup bunların hukuk&icirc; boyutlarını tetkik ve analiz eden &ccedil;ok az araştırma yapılmıştır. &Ouml;zellikle klasik d&ouml;nemde zimm&icirc; stat&uuml;s&uuml;nde bulunan Osmanlı tebaanın &ccedil;ıkardığı isyanlar m&uuml;stakil olarak inceleme konusu yapılmamıştır. Binaenaleyh zimm&icirc; isyanlarının siyas&icirc;, tarih&icirc; ve hukuk&icirc; bakımından inceleyecek ve bu konuda Osmanlı Devleti&rsquo;nin izlediği politikalar, &acirc;silere y&ouml;nelik aldığı tedbirler ve su&ccedil;lulara uyguladığı h&uuml;k&uuml;mleri g&uuml;n y&uuml;z&uuml;ne &ccedil;ıkaracak akademik araştırmalara ihtiya&ccedil; duyulmaktadır. Bu makale, 1560&ndash;1590 yılları arasında zimm&icirc; stat&uuml;s&uuml;ndeki Arnavutların &ccedil;ıkardıkları isyanları hukuk&icirc; y&ouml;n&uuml;nden incelemeyi ama&ccedil;lamaktadır. Ayrıca bu &ccedil;alışma Osmanlı Devleti&rsquo;nin zimm&icirc; &acirc;silere y&ouml;nelik hukuk&icirc; uygulamalarının şer&lsquo;&icirc; h&uuml;k&uuml;mlere uyumlu olup olmadığını da tetkik etmeyi hedeflemektedir. Konu Osmanlı merkez&icirc; idarenin &acirc;si zimm&icirc;lerle ilgili Arnavutluk&rsquo;taki devlet yetkililerine g&ouml;nderdiği emirler ve şeyh&uuml;lislamların bu konuda verdiği fetvalar incelenerek &ouml;rf&icirc; hukuku temsil eden D&icirc;v&acirc;n-ı H&uuml;m&acirc;yun kurumu ile şer&lsquo;&icirc; hukuku temsil eden Şeyh&uuml;lislamlık kurumunun birbiriyle ne kadar uyumlu olduğu ve bunların şer&lsquo;&icirc; h&uuml;k&uuml;mlere ne derecede riayet ettikleri tespit edilmiştir. <strong>Anahtar Kelimeler</strong>: Osmanlı Hukuku, Şer&lsquo;&icirc; Hukuk-&Ouml;rf&icirc; Hukuk, D&icirc;v&acirc;n-ı H&uuml;m&acirc;yun Kararları, Zimm&icirc; Arnavut İsyanları, Şeyh&uuml;lislam Fetvaları. &nbsp; <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 (Yeni&ccedil;eri) 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&lsquo;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 (D&icirc;v&acirc;n-ı H&uuml;m&acirc;yun), which represents the customary law (&ouml;rf&icirc; hukuk), and the fatwas of sheikh al-Islams, which represents the sharī&lsquo;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&lsquo;ah provisions. <strong>Keywords</strong>: Ottoman Law, Sharī&lsquo;ah Law-Urfī Law, The Decrees of Imperial Council, Albanian Dhimmī Rebellious, The Fatwās of Shaikh al-Islāms.

This paper deals with the concept of Dhimmi (non-Muslims living in an Islamic state) and the laws formulated for them in Islam, which lie at the centre of the intellectual discourses on the Islamic legal and political system vis-à-vis the issues of tolerance, democracy, and human rights. The teachings of Islam, as revealed to the Prophet Muhammad (×aÌrat Muhammad RasËlullah KhÉtam un NabiyyÊn Øallallahu ‘alaihi wa ‘alÉ Ólihi wa AÎÍÉbihi wa Øallam) provide complete guidance for attaining success and glory in this world and the hereafter. As a comprehensive way of life, Islam encompasses a unique socio-economic and political system. It deals with all private and public life aspects and local and international affairs. However, the status and treatment of minorities in Muslim societies (especially in the context of Islamic law) have been of special concern to Muslim and non-Muslim scholars alike. It has also been a much-debated subject among Orientalists, who have created many misinterpretations regarding it. In light of these problems, this paper has attempted to establish a discourse on a three-fold level: it has argued that laws about minorities in Islam are based on the concept of justice, how these laws are significant in the emancipation of humanity in general, and the minorities (non-Muslims living in an Islamic state) in particular has been highlighted; and the relevant Quranic verses, Prophetic traditions, and, the Muslim statesmen’s practices and juristic views regulating the principles of how Muslims are supposed to interact with non-Muslims have been examined as well. To achieve these objectives, descriptive, analytical, and exploratory methods have been followed throughout the paper.

This article provides an analysis of the legal rights and protection accorded to fetuses under the Nepali law and the comparative common statues. It also analyses the abortion law in Nepal, which aims to balance the needs of women seeking abortion with limited protections for late-term fetuses. The article considers the case, “Lakshmi Dhikta v. the Government of Nepal,” which held that access to abortion was a constitutionally formed right. However, barriers to this right still exist, especially among disadvantaged women. Globally, the debate continues between those who advocate for the rights of the fetus and those who put the autonomy of the women first. While some countries grant the fetus limited legal rights, others grant the fetus personhood rights. It is therefore pertinent to discuss the ethics of prenatal harm, sex-selective abortion, and the possible conflict between maternal and fetal interests. The multifaceted law should regulate maternal health, the interest of the fetus, and discrimination while ensuring feasible and affordable abortion.

Citizenship is an important issue in the life of the state. This relates to the rights and obligations of a person in a country. Various legal systems have different views on formulating citizenship. Islamic law as one of the world's legal systems as well as a source of national law has a genuine concept of citizenship. Is the concept of citizenship in Islam still relevant to the concept of citizenship in Indonesia which has adopted modern law? It is at this point that this article aims to identify and analyze in-depth the differences in citizenship status from the perspective of Islamic law and Indonesian positive law. The method used in this article is a normative legal research method with a conceptual approach and a statute approach. The results in the study of this article indicate that citizenship status in Islam is divided into four, namely Muslim, dhimmi, harbiy, and musta'min. The four citizenship classifications are based on religious and political status. Meanwhile, in the perspective of Law Number 12 of 2006 concerning Citizenship, the classification of citizenship is only distinguished by two terms, namely citizens of Indonesian descent and citizens of foreign descent. Kewarganegaraan merupakan persoalan penting dalam kehidupan bernegara. Hal tersebut sangat berhubungan dengan hak dan kewajiban seseorang dalam sebuah negara. Banyak cara dalam menentukan kewarganegaraan. Semuanya berasal dari konsep-konsep yang sudah ada dengan melakukan perubahan-perubahan sesuai kebutuhan suatu negara. Hukum Islam sebagai salah satu sistem hukum dunia seskaligus sumber hukum nasional mempunyai konsep yang genuine tentang kewarganegaraan. Apakah konsep kewarganegaraan dalam Islam tersebut masih relevan dengan konsep kewarganegaraan di Indonesia yang sudah menganut hukum modern. Di titik inilah artikel ini bertujuan untuk mengidentifikasi dan menganalisis secara mendalam terkait perbedaan status kewarganegaraan dalam persepktif hukum Islam dan hukum positif Indonesia. Adapun metode yang digunakan dalam tulisan artikel ini adalah metode penelitian hukum normatif dengan pendekatan konseptual approach dan statuta approach. Hasil dalam studi artikel ini menunjukkan bahwa status kewarganegaraan dalam Islam dibagi menjadi empat, yaitu muslim, dzimmi, harbiy, dan musta’min. keempat klasifikasi kewarganegaraan tersebut didasarkan pada status agama dan politik. Sementara dalam perspektif UU Nomor 12 tahun 2006 tentang Kewarganegaraan klasifikasi kewarganegaraannya hanya dibedakan pada dua istilah, yaitu warga keturunan asli Indonesia dan warga keturunan asing.

With the rise of Islamism in the 20th century and the later emergence of Jihadi-Salafi groups performing attacks inside and outside Muslim lands, the majority of institutional and famous Muslim scholars have rejected their methods and claims of it being a legitimate Jihad as proscribed by the Sharia. When Western forces colonized the majority of Muslim lands in the 19th and early 20th century, many resistance movements (e.g. Mahdi movement in Sudan) were deemed legitimate in their claim of Jihad. Later conflicts, as the establishment of Israel, the Russian invasion of Afghanistan, and the American invasion of Iraq, were all seen as attacks on Muslim lands and so fighting in defense of those lands was considered by resistance fighters to be a legitimate cause for Jihad. But many Jihadist groups applied tactics and targets that scholars have deemed as unlawful according to Sharia law. The increased use of bombs and Muslim victims and noncombatant non-Muslim victims, many notable Muslim scholars declared public statements and fatwa's against the Jihadi groups' methods and claims. In our analysis we will discuss the rise of Islamism and its violent offshoots, and the counter responses given by Islamic scholars through fatwa's and letter-declarations. Our specific focus will be on the "Letter to Baghdadi", a letter written against the claims and acts of Abu Bakr al-Baghdadi, the current leader of the self-declared caliphate of the Islamic State in Iraq and Syria (ISIS), and his adherents. To understand the background to what the Letter responds too, we will first review the rise of Islamism at the beginning of the 20th century and the extremist offshoots it produced. Afterwards we will provide an extensive analysis and commentary on the Letter.

People who are not Muslims but live under the rule of the Islamic state under certain conditions are called "non-Muslim". With the Prophet’s migration to Madinah, he encountered a non-Muslim community and clearly demonstrated his stance on them with the "Madinah Convention". As a result of the intense conquest movements that started with the Companions period, non-Muslim people became the citizen of the Islamic state. Legal arrangements have been made regarding these, and their status before the state and within the society has been determined. These people, who were not forced to accept the Islamic faith, were also given the freedom of belief and worship. However, by limiting the framework of this freedom to the interests of the Islamic state and Muslim society, social security and peace were ensured, and the basic parameters of coexistence were tried to be established. Islamic states have evaluated the non-Muslim temples in the places taken by peace and the places taken as a result of war. While obtaining the consent of the non-Muslim people for the demolition of the temples or the conversion of them into mosques in the places taken by peace; In the dispositions on the temples located in the places taken by the war, they were treated more freely. In principle, the principle of not touching or repairing the temples of non-Muslims built before the conquest was preserved in almost all periods, and the construction of new temples was not viewed positively. Yes, as a requirement of religion, non-Muslims were freed in their beliefs and were not forced to become Muslims, taking into account the freedom of religion and conscience. However, in order for the Muslim community to preserve its religion, non-Muslims are not allowed to live their religion, culture and traditions in front of the public; Restrictions have also been imposed on their temples. In this context, a series of measures were taken, such as the demolition of some churches and the reduction of the number of existing temples. Despite this, it was also allowed to build new temples in case of necessity. In this case, the magnificent construction of the temples was not allowed, and they were required to comply with some criteria in architecture. In this study, starting from the time of the Prophet, an answer will be sought to the question of whether the policies carried out by the Islamic states towards the places of worship of non-Muslims are religious or political, with some examples of practice from different periods of the history of Islamic law. In this context, the status of the temples belonging to these people, who are defined as "dhimmis" in the Islamic state, rather than their general legal status, forms the basis of our study. Our study has been limited to Christian and Jewish temples.

All people are born equal, free from crimes and equipped with certain rights. Race, gender, social status and lineage do not have any effect on having and enjoying rights. People have an equal status in the possession and enjoyment of rights, except in the case of certain biological deficiencies and disability. According to the general theory of Islamic jurists, every human being is born equipped with a spiritual vessel called dhimmet, which enables her to have rights. After passing through certain age periods, people acquire different types of rights. There is no difference between men and women in terms of embezzlement and dhimmet. Rights and authority to exercise the rights in Islamic Law are completely determined in accordance with objective criteria regardless of the gender of the person. According to Islamic Law all people are equal in terms of the qualification to use rights. For this reason women can have financial rights as they wish. For a long time, women's social status, legal personality, personal and financial rights have been the subject of discussions. It can even be said that the discussions on this subject followed a parallel course with the history of thought; In different periods, the position of women has been discussed from different aspects. In the Western world, there have been intense debates about the personal and financial rights of women, and it became possible for women to own property and participate in the working life after a long phase. In the Islamic world, it has been seen that there is not much discussion and written knowledge on this subject. There are no separate chapters in classical fiqh books that deal with the issues concerning the legal personality of women. The fact that there is no written knowledge on this subject and that there are no discussions indicates that there is no problem in this matter. Because in the verses and hadiths, subjects such as owning property, doing business, working, being an heir are always mentioned in general terms. In addition, there is no difference between men and women in religious texts that point to legal personality, competence and being entitled. Besides, women have some financial rights such as alimony, inheritance, mehr, residence right which directly come from the law. Women have the right to free enterprise in these matters; she doesn't have to ask permission from anyone. These rights that the women have are guaranteed by law. These rights, which are within the scope of basic human rights, are not violated, transferred to another person, or completely revoked. In this study, which is about women's economic rights, first of all, it will be discussed that there is no difference between men and women in having and benefiting from rights, and that the religion of Islam has a wide freedom and right doctrine in this regard. Although the right to residence is evaluated within the scope of alimony in fiqh books, it will be discussed separately in this study. Today, the right to abode is considered as an independent right. Apart from these, women's right to work, which is frequently discussed today, will be evaluated in a general framework. Bunlardan ayrı olarak kadının mesken ve çalışma hakkı genel bir çerçevede değerlendirmeye tabi tutulacaktır.