Treatment Of Non-Muslim Minorities And Foreigners In Islamic Law

(Mueamalat Alaqlyat Ghyr Almuslimat Wal'ajanib Fi Alshryet Al'iislamia)

An article written by Dr. Abdul Karim Zaidan in 1430 AH / 1983 and at that time practicing the legal profession, and it was published in the Kuwaiti magazine (Al-Huqooq) in its third issue of the seventh year issued in the month of Dhu al-Hijjah/ September 1403 AH/ 1983 AD.

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Introduction And Preface:

1) The Islamic community was established on the basis of the Islamic belief, and then Muslims were its members by virtue of their Islamic creed which considers them brothers in the religion.

2) However, this Islamic community is not closed in on itself, but rather is an open society to non-Muslims because it is not a prerequisite for embracing Islam to refuse to coexist with non-Muslims, and therefore it was and still is in the amount of a non-Muslim who rejects Islam as a religion to live with Muslims in their society and become a member In it, if he so desires, and declares his loyalty to this society and his submission to its system by accepting the dhimma contract that he concludes with Dar al-Islam. This dhimma contract makes the non-Muslim part a dhimmi and among the members of the Islamic community and a citizen of the House of Islam who holds the nationality of this house, that is, the Islamic nationality, and that is why Muslim jurists say on the authority of the dhimmi that he is from the people of the House of Islam, as they say about the Muslim that he is one of the people of the House of Islam, as both Those who are affiliated with the Dar al-Islam and hold the nationality of this house, i.e. the Islamic nationality, although the basis differs.

3) Just as the Islamic community is not distressed by a non-Muslim if he wants to live in it and belong to it and become one of its members on the basis of the dhimma contract as we said, so the Islamic community is not restricted by a non-Muslim foreigner if he wants to enter the abode of Islam and temporarily reside in it for the purpose of visiting or trading or For any other permissible purpose, provided that he obtains permission to enter from the competent authority at Dar Al-Islam, and this permission to enter is what the jurists call security or a temporary safety contract, and a non-Muslim foreigner who enters the House of Islam according to this safety is called (the trustee).

4) If the Islamic community is open to non-Muslims as we have shown, it treats them with dignity based on honesty, clarity and accuracy in defining the rights and duties for them and for the Islamic community without fraud, lying, hypocrisy, or contradiction between what the Islamic community declares of these rights and duties and What they actually enjoy in terms of dhimmis and trustees of the rights and duties they are bound by.

5) In fact, the treatment of a non-Muslim in the Islamic community and the rights enjoyed by him in the light of the rulings of Islam is a wonderful example and a definitive proof of the possibility of coexistence between a non-Muslim and a Muslim in the Islamic community in a manner that preserves the rights of a non-Muslim and without exposing his faith, which refutes those who say that the establishment of society On the basis of the Islamic faith, it means persecuting non-Muslims and forcing them to convert their religion.

6)  Research methodology: To explain how non-Muslim minorities, i.e. the Dhimmis, are treated in the Islamic community, as well as how foreigners are treated, i.e. the trustees in the Islamic community, it is necessary to clarify their legal status in Dar al-Islam in terms of the extent of their rights and what they are bound by in terms of duties, type and essence These duties and rights, and the law that governs and governs them, and the competent court to consider them if a dispute arises about them or if a dispute arises between them or between them and others in a matter of affairs.

Based on this, we will divide this research into three chapters:

Chapter One: In stating their rights and duties.

Chapter Two: In the law that clarifies their rights and duties and applies to their cases.

Chapter Three: In the court competent to hear their cases.

Our speech will be very brief, while we are keen not to violate the features of this research and its essential points.

Chapter 1

In Rights And Duties

7)  The dhimmis in the Islamic society are the non-Muslim minority in it, but they are citizens and not foreigners in it because they hold the nationality of Dar al-Islam, meaning the Islamic nationality, as we said.

The trustees in the Islamic community are foreigners, and they are non-Muslim people who entered the House of Islam with temporary safety, as we said, and they follow a foreign country from the House of Islam.

Each of the dhimmis and the trustees has rights and duties, and for this we will make this chapter in two demands, the first one regarding the rights and duties of the dhimmis, and the second one regarding the rights and duties of the trustees.

The First Requirement

The rights and duties of the dhimmis, meaning non-Muslim minorities

First: the general rule regarding their rights and duties

8)   The general rule regarding the rights and duties of the dhimmis in Dar al-Islam is that they are in these rights and duties as Muslims Except with a few exceptions, until the famous saying of them was spread among Muslim jurists (they have what we have and they have what we owe) and there are ancient traces in this sense, for the rightly-guided Caliph Ali bin Abi Talib, may Allah be pleased with him, said: (Rather they accepted the liability contract so that their money would be like our money and their blood is our blood), and he said The famous jurist al-Sarkhasi in his book al-Qayyim explains the great biography, and because they accepted the dhimma contract so that their money and their rights are like the money of Muslims and their rights, as for the few exceptions that are made to this rule, it is due to the fact that some rights and duties require for a person to prove the Islamic belief and it is not sufficient to enjoy it or adhere to it the availability of citizenship And carry the citizenship of Dar Al Islam, but the person must be a Muslim. For example, the position of head of state is assumed by only a Muslim, and only the Muslim is obligated to pay Zakat.This differentiation between citizens in Dar al-Islam regarding some rights and duties on the basis of the religious description of the citizen does not raise a surprise, because it is an internal issue that concerns the state alone, and which states take up at the present time. Every state is free to regulate citizens' enjoyment of legal life, so it may be equal between them and it has been divided. There is no doubt that when the state differentiates between citizens in some rights and duties, it evaluates this distinction on the basis of their difference in some of the descriptions that it deems sufficient to justify this distinction, and Dar al-Islam considers the religious description to be the accepted basis for differentiating between citizens with some rights and duties because it is governed by Islamic law and does not have the right to exit Accordingly, and this law requires the enjoyment of some rights and the commitment to some duties, the availability of a specific religious belief, which may be the Islamic belief or other. The Islamic belief is a condition for a person to assume the position of head of state and be obligated to pay zakat. The Islamic doctrine is a condition in a person to adhere to the jizyah, and so on.Every state is free to regulate citizens' enjoyment of legal life, as they may be equal or divided. There is no doubt that when the state differentiates between citizens in some rights and duties, it evaluates this distinction on the basis of their difference in some of the descriptions that it deems sufficient to justify this distinction, and Dar al-Islam considers the religious description to be the accepted basis for differentiating between citizens with some rights and duties because it is governed by Islamic law and does not have the right to exit Accordingly, and this law requires the enjoyment of some rights and the commitment to some duties, the availability of a specific religious belief, which may be the Islamic belief or other. The Islamic belief is a condition for a person to assume the position of head of state and be obligated to pay zakat. The Islamic doctrine is a condition in a person to adhere to the jizyah, and so on. Every state is free to regulate citizens' enjoyment of legal life, as they may be equal or divided. There is no doubt that when the state differentiates between citizens in some rights and duties, it evaluates this distinction on the basis of their difference in some of the descriptions that it deems sufficient to justify this distinction, and Dar al-Islam considers the religious description to be the accepted basis for differentiating between citizens with some rights and duties because it is governed by Islamic law and does not have the right to exit Accordingly, and this law requires the enjoyment of some rights and the commitment to some duties, the availability of a specific religious belief, which may be the Islamic belief or other. The Islamic belief is a condition for a person to assume the position of head of state and be obligated to pay zakat. The Islamic doctrine is a condition in a person to adhere to the jizyah, and so on. There is no doubt that when the state differentiates between citizens in some rights and duties, it evaluates this distinction on the basis of their difference in some of the descriptions that it deems sufficient to justify this distinction, and Dar al-Islam considers the religious description to be the accepted basis for differentiating between citizens with some rights and duties because it is governed by Islamic law and does not have the right to exit Accordingly, and this law requires the enjoyment of some rights and the commitment to some duties, the availability of a specific religious belief, which may be the Islamic belief or other. The Islamic belief is a condition for a person to assume the position of head of state and be obligated to pay zakat. The Islamic doctrine is a condition in a person to adhere to the jizyah, and so on. There is no doubt that when the state differentiates between citizens in some rights and duties, it evaluates this distinction on the basis of their difference in some of the descriptions that it deems sufficient to justify this distinction, and Dar al-Islam considers the religious description to be the accepted basis for differentiating between citizens with some rights and duties because it is governed by Islamic law and does not have the right to exit Accordingly, and this law requires the enjoyment of some rights and the commitment to some duties, the availability of a specific religious belief, which may be the Islamic belief or other. The Islamic belief is a condition for a person to assume the position of head of state and be obligated to pay zakat. The Islamic doctrine is a condition in a person to adhere to the jizyah, and so on. The Islamic belief is a condition for a person to assume the position of head of state and be obligated to pay zakat. The Islamic doctrine is a condition in a person to adhere to the jizyah, and so on. The Islamic belief is a condition for a person to assume the position of head of state and be obligated to pay zakat. The Islamic doctrine is a condition in a person to adhere to the jizyah, and so on.

9)   It is noticed here that the source of rights and duties for the dhimmis is Islamic law That is, Islamic law and its source is not the internal law of another country, and therefore these rights and duties are not affected at all by the mistreatment of Muslim minorities in non-Islamic countries, so it is not permissible for Dar al-Islam to mistreat Muslim minorities in its region under the pretext of adopting the rule of reciprocity, because this rule stands and does not work As long as it includes injustice and a diminution of the rights of a non-Muslim, which the Islamic Sharia law stipulates for him, which is one of its rules (and do not use any other button). Considering the rights and duties of non-Muslim minorities in Dar al-Islam as their source in Islamic law is a sure guarantee of these rights because no ruler who treats them with whims and desires to oppress these minorities can not, nor can he abolish and nullify them, because what Islamic law has decided cannot be A person copies it. Therefore, I believe that it is wise and in the interest of non-Muslim citizens in Islamic countries to participate with Muslim citizens in demanding the application of Islamic law in their homes so that it is the first and last reference in establishing their rights and duties.

Second: the types of rights for the dhimpy

A) Political rights

10)   Political rights are the rights that a person acquires as a member of a political body, such as the right to hold public office, and these rights through which the individual participates in managing or ruling the country's affairs.

11)   If we look at these rights with regard to the dhimmi, then we notice that he is not there like a Muslim citizen, so he has no right to assume some public functions such as presiding over the state, commanding the army, or as the jurists call it the emirate of jihad, because the presidency of the state in the tradition of Islamic jurisprudence is a succession to the author of Sharia In guarding religion and the politics of the world with it, it is self-evident that only those who owe Islam will assume this position. As for jihad, including fighting, it is based on a religious meaning. It is self-evident that it is not assigned to it, and its actions are not entrusted to anyone except those who owe Islam. However, if the dhimmi wants to participate in it and join the military corps, he may do so, but he is not the commander of the army.

12)   But it is permissible for the dhimmi to assume the ministry of execution, as the jurists said, to reach the orders of the head of state and implement them and pass the judgments and decisions issued by him, just as the jurists have stipulated that it is permissible to assign other jobs to the dhimmi, such as the tax collection.

13)   In fact, the dhimmi position, in terms of assigning public positions to him, is nothing to be surprised if we know that assuming public positions in the view of Islamic law is an assignment to the person and he has no right over the state. The state assigns whoever it deems fit to do this job and it is free to choose Its expense, and its freedom is not restricted, except by looking at the public interest in light of the competence of the one it wants to assign the duty of this position, and the evidence that assigning public positions is what we have said, meaning that it is an assignment to the person and does not have a right to the state. He said: (I and two men from my cousins ​​entered upon the Prophet, so one of the two men said, O Messenger of Allah, commanded us on some of what Allah Almighty did, and the other said the same, so he said: By Allah, we do not assign anyone to this work who asked him and no one was keen on him). This hadith is explicit in its connotation that assuming public office in the balance of Islamic law is not the right of the citizen over the state Because if it were, the job request would not be a reason to prevent the applicant from it, because the right holder is not deprived of his right if he asks for it, demands it, or is keen on it.

B) General rights of the dhimmi

14)   General rights are the essential rights of the human being as a member of society and he cannot dispense with them. These rights are prescribed for the person to protect himself, his freedom and his money, such as the right to movement, belief, the inviolability of the home, and so on. The dhimmi enjoys these general rights, such as freedom of life and coming and protection of his person from any assault, and it is impermissible to imprison him or arrest him except in accordance with Islamic law. He also has the right to move around the Dar al-Islam region and the right to leave and return to it.

15)  It is important documents prescribed for these rights era of the Prophet  ﷺ  to the people of Najran and where (man is not taken of them oppress another). And in a hadith on the authority of the Prophet, (Whoever hurts a dhimmi, I am his opponent, and whoever is his opponent is his opponent on the Day of Resurrection). The Muslims understood the will of the Messenger of Allah to the people of poverty, and they subordinated it to the right to take care of it in word and deed, including that Umar ibn Al-Khattab, may Allah be pleased with him, recommended in his last days to the people of the dhimmah, and he said: And not to overburden them). In the days of his caliphate, Allah was pleased with his guardianship of the people of the dhimma and asked delegations about them to make sure of their good treatment, including what Al-Tabari narrated in his history that Omar bin Al-Khattab said to the delegation of Basra (Perhaps Muslims will lead to the people of the dhimmah with harm? So they said what we know only in fulfillment ...) .

16)  The jurists of various Islamic sects have stated that Muslims and the rulers of the matter must ward off injustice from the people of the dhimma and protect them (because when Muslims give them the duty, they have committed themselves to warding off injustice on their behalf, and they have become from the abode of the people of Islam. The Hisbah, meaning the Muhtasib, they said: He must prevent Muslims from interfering with them - that is, the dhimmis - because of insult or harm, and disciplines those who do this with him .

17)   The jurists were not satisfied with what they said about the dhimmis and the necessity of caring for them and treating them with kindness, but rather you find them addressing the rulers of Muslims about them and reminding them of their rights . Being overworked ).

And if something was issued by the rulers of the Muslims that harms the Dhimmis and that the jurists consider it a transgression of their rights, then the jurists deny that to the rulers and defend the Dhimmis. From Mount Lebanon to spy their preaching in the interest of the enemy, then Imam Al-Awza’i came to him denying him his action and saying to him in his famous message: (It was from the evacuation of the people of the Dhimma from Mount Lebanon, who was not full of those who went out, who killed some of them and turned the rest of them back to their villages. I know, how can it be taken in a general way with private sins, so that they get out of their homes and their money? And Allah Almighty has ruled that no other ministry and sins ... then Al-Ouzai says in his message: They are not slaves, so it comes from transferring them from a country to a country in capacity, but they are free people of duty .The truth is that the Imam Ouzai hit the proverbial wonderful in the defense of scholars from Ahl, who are non - Muslim minority in the House of Islam, despite their differences in religion, and will remain phrases Awzai (and the rule of Allah Almighty not to bearer of burden of another , they are not slaves ... but they are free people Dhimma ) is a pride in Islamic history regarding the defense of the dhimmi jurists .

18)  The commitment of Dar Al-Islam to protect the Dhimmi does not stop at the limit of protecting them from internal aggression, but extends to their protection against external aggression , and if they fall into the hands of the enemy, then the House of Islam rescues them from their hands, even by paying the redemption for them from the House of Money, said the jurist Al-Layth bin Saad (I think that they collect them from the treasury, and acknowledge their responsibility ).

19)   Freedom of belief: Islam has recognized freedom of belief for people, meaning that it does not force them to convert to Islam even if it calls them to it , but calling to Islam is one thing and coercion for it is something else, so the first is legitimate and the second is forbidden. The Almighty said: It is better. ”And the Almighty said:“ There is no compulsion in religion .

   One of the rules established in Islamic jurisprudence regarding the dhimmis is the rule (we leave them and what they owe) so that we do not object to them in matters of their religion, and accordingly, freedom of belief is a right guaranteed to the dhimmis, but this right is clear because if it was not established for the dhimmis, Islam would not have legalized the contract of dhimmah and it would not be permissible. Because the dhimma contract includes the approval of the dhimmi of his religion and belief and not to be subjected to him because of his religion. And it came in the book of the Prophet, (And to Najran and its servants are next to Allah, and the protection of Muhammad the Prophet, the Messenger of Allah, is based on their wealth, themselves, their souls, their absentees, their witness, their clan, their sale, and everything that is under their hands of a little or a lot ...).

20)   Freedom of work: Dhimmis have the freedom to work in the abode of Islam and to engage in the economic activity they desire. The jurists said that the dhimmis in transactions, trade, sales and all other behavior, such as Muslims, are exceptions that are exempt from the dealings of usury, which is prohibited for them like Muslims. The dhimmis are prohibited from selling alcohol and pigs in the Muslim lands. But they sell them in their villages and cities

21)   In fact, there is nothing that prevents the dhimmis from enjoying the right to freedom of work except in a few issues that we have mentioned as they relate to the public order of Dar al-Islam. That is why they used to conduct all kinds of businesses and businesses, including bringing them food from the Levant to Medina, and among them were the owners of industries, as were money-changers, doctors, and owners of waste .

22)  The Right to Enjoy State Facilities and Guarantee of the House of Money: Dhimmis have the right to enjoy public facilities in Dar al-Islam, such as means of transportation, irrigation, lighting and drinking water projects, and they also have the right to enjoy the facility of the judiciary if we consider it a public facility. And in the noble Prophet's hadith (People are partners in water, calamities and fire) and the word people in general includes the dhimmi .

23)   The dhimmis enjoy the guarantee of the House of Money in the event of their disability and need because they are subjects of the House of Islam and carry its nationality, as they are among its citizens and subjects, and in the noble Prophet's hadith (All of you are a shepherd and all of you are responsible for his flock, so the Imam is a shepherd and responsible for his flock). The dhimmi is among the subjects of Dar al-Islam, so it is included in the noble hadith . Taking care of the dhimmi in times of need and want is a good thing and is considered a kind of mercy and benevolence, and Islam is the religion of mercy and benevolence. With these general texts that include the dhimmis in general, there are special texts on the matter indicating the right of the dhimmis to enjoy the guarantee of the House of Money. To them in the event of their helplessness and their need for it, what Imam Abu Ubayd narrated in his book Al-Amwal on the authority of Saeed bin Al-Musayyib, that he said (The Messenger of Allah  ﷺ charity is given to the people of a household from the Jews, as it is given to them). The jurist Muhammad ibn al-Hasan al-Shaybani, the companion of Imam Abu Hanifa, narrated that the Prophet sent money to the people of Mecca when they were lost to distribute to their poor, and the people of Makkah were at that time polytheists and they were not dhimmi, so the people of the Dhimma are more caring than the warriors because they are subjects of the House of Islam .

24)   In light of these generous directives in the Noble Qur’an and the Sunnah of the Prophet, the Rightly Guided Caliphs, Governors and Muslim leaders marched around the Dhimmis with care and joined them with Muslims in ensuring the House of Money in case of disability and need. Here are some old precedents that indicate what we say :

 1-  The following came in the peace of Khalid bin Al-Walid with the people of Al-Hirah during the time of Abu Bakr Al-Siddiq, may Allah be pleased with him :

(  And I made for them whatever sheikh was weak from work, or he was struck by a plague of pests, or he was rich and became poor, and the people of his religion became charitable to him, and his reward was given away, and a dependency from the house of Muslims' money did not stay in the House of Immigration and the House of Islam )

 2-  It was mentioned in the history of al-Baladhari (that Umar ibn al-Khattab, at the Muqaddamah al-Jabiyah from the land of Damascus, passed by a people who were lepers of the Christians, so he commanded that they be given alms, and that sustenance be given to them ).

 3-  Imam Abu Yusuf narrated in his book Al-Kharaj, that Umar ibn Al-Khattab, may Allah Almighty be pleased with him, passed by the door of a people with a Jewish questioner saying: An old sheikh who is blind, so Umar, may Allah be pleased with him, said to him, "What did you refer to this?" He said: “Reward and need.” So Umar took his hand and took him to his house, gave him something and then sent to the treasurer of the treasury, and said: “See this and his staff. By Allah, we will not do justice to us if we eat his youth and then let him down at the pyramid. And he said: And the poor are Muslims, and this is one of the poor people of the People of the Book, and he set the tribute on his behalf and on behalf of his strikers .

 4-  Abu Ubayd narrated in his book Al-Amwal that Umar bin Abdul Aziz, the well-known Umayyad creation, wrote to his worker in Basra, Uday bin Arta: But after you look from before you from the dhimmis, his age has grown and his strength has weakened and the gains have gone away from him .

C / The private rights of the dying

25)   Private rights are those that arise from the relationships of individuals among themselves in accordance with the provisions of the private law, whether these relationships are family relationships or financial relationships, they include family rights and financial rights . Among the rights of the family is the right to marriage, divorce and others Among the financial rights is the right to own money and to initiate legal actions to obtain wealth and the consequent right for them to become creditors and debtors .

26)  The dhimmis in Dar al-Islam enjoy special rights, they are like Muslims in it because these rights are not established on the basis of the Islamic religious belief until the dhimmis are prevented from them. This is why the jurists stated that the dhimmi in transactions is like a Muslim. And family rights in the terminology of jurists and Muslims of transactions. Based on this, the dhimmi has the right to marry, establish a family, and enjoy all family rights, including alimony, heir, and so on. And he has the right to undertake all legal actions to earn money, whether these actions are with Muslims or with dhimmis. Islamic law jurists have stated that “dealing with the dhimmis is permissible, even though they are permissible to sell wine and pigs, and work with interest.” The right to property is for them a safeguarded right that no one may oppose them. The jurists have stipulated that (the rule of their money is the rule of Muslims' money, in its sanctity ).

Third: the duties of the dhimmis

27)  The dhimmis have duties that they abide by before the House of Islam, which are al-Jizya, Kharaj, and Ushur. They also have other non-financial duties that they abide by before society and Dar al-Islam .

And we mention something very brief about these obligations

A / Tribute

28)  Al- Jizyah is the money that a clerical person makes a liability for. It is an amount of money that the dhimmi pays to the state every year according to the dhimma contract by which he has become a dhimmi. It is obligatory in each year, and its amount varies according to the condition of the dhimmi on the left side and his wealth, and its amount, in any case, is small. He who has less left. Some of them believe that its assessment is delegated to the opinion of the Imam .

29)  and the tribute placed on dhimmi rather than a duty to defend the House of Islam carried out by a Muslim, because the fighting in defense of the House of Islam and protect her and those in which Muslims and Zmyin, this is imposed fighting on the Muslim and is not imposed on the dhimmi, was the tribute instead and instead of relieving them of The duty to participate in the fighting in defense of Dar al-Islam And on this is evidenced by the old historical precedents, the work of the honorable Companions, and the reconciliation contracts that Muslim leaders concluded with the people of the Open Countries, which explicitly state that the jizyah was placed on them instead of protecting them by the House of Islam and its authority due to the exemption of the Dhimmi from the duty to defend the House of Islam. Among these ancient decades is what was mentioned in the history of al-Tabari, that Khalid bin Al-Walid is favorable to the people of al-Hirah about placing the penalty on them and holding the liability for them and he wrote for them a book in which he stated: “The protection and immunity, if we prevent you - that is, protect us and pay us on your behalf - then we have the reward, otherwise we do not even prevent you.” Al-Faqih Ibn Rushd al-Maliki said in his book Al-Muqaddamat (because it - meaning the reward - is taken from them a year as a reward for their insurance and their affirmation of their religion, they act in the neighborhood of Muslims and their debts are safe, they fight their enemy and do not oblige them to do what Muslims need ).

30)  The jizyah is waived after it is obligatory by the dhimm’s converting to Islam or by his death if he did not pay it during his lifetime. It included the leaders of the Muslims in their conquest of the country and their contract of responsibility for its people, and it was narrated by reliable historians such as al-Tabari and al-Baladhuri. Some jurists pointed to the fall of the jizyah with the inability of the Dar al-Islam to protect the Dhimmis or when the Dhimmis participate with the Muslims in defending the House of Islam and defending the enemy from it. This means that the jizyah is not taken if the Imam was unable to defend them. And it was stated in the explanation of the Nile in the jurisprudence of the Ibadites (and to leave it - that is, the Imam leaves the jizyah - all of it is that I help them against their enemy with weapons ).

B / an abscess

31)  The Kharaj is a financial tax on the foreign lands, which are the lands that the Muslims left in the hands of their owners after they conquered their country as they did in Iraq, as the Caliph Omar ibn Al-Khattab, may Allah be pleased with him, kept the open lands among their owners that they cultivate and exploit and impose a tax on them that they pay on these lands under certain conditions and certain amounts Based on the type of land in terms of fertility, proximity to cities and the type of what is cultivated in it The owners of these lands were originally dhimmis because after the Muslims conquered their country, they entered the dhimma, but these lands were subsequently transferred by hands, so Muslims owned them or acquired some of them by buying from their owners, or their owners became Muslim, but the Kharj remained on the land .

C / Commercial taxes

32)   The dhimmis are subject to what the jurists call tithes, that is, the collection of commercial taxes on their commercial funds that they move from one country to another within the Dar al-Islam region. The jurists stipulate a certain quorum for these funds in order for them to be subject to tax.Some of them set the quorum as much as the quorum of zakat, and some of them made it less than that. His argument is that this tax is not zakat until the quorum of zakat is required for it. This tax is taken from the dhimmi, and it is not taken from the Muslim because the Muslim pays zakat on his commercial money, so he does not pay another tax on it .

33)  The amount of this tax is half a tenth of the value of commercial money, and this is what was narrated on the authority of Umar ibn Al-Khattab, may Allah be pleased with him, as he used to order those in charge of collecting this tax to take this amount of commercial money as a tax from it, and with this he took the Hanafi, Hanbali, Shafi’i and others .

D / Non-financial duties

34)   The dhimmis have other duties that they abide by, and they are non-financial duties, including abstaining from anything that harms Muslims or diminishes their religion, such as remembrance of Allah Almighty, his book, his Messenger, or his religion badly. Because showing these actions is disregarding the Muslims and challenging Islam, and the dhimmis did not hold them dhimmah to declare these matters. And they must refrain from selling alcohol and pigs in the cities of Muslims, even if they have that in their villages and cities. And they must refrain from usury transactions, as the Prophet wrote to the people of Najran to prevent them from usury, and usury is forbidden in their religion as it is forbidden in our religion, Allah Almighty said (And usury took them and they forbade it ).

There are other duties that the dhimmis are obligated to mentioned by the jurists, which are not here to be explained and detailed .

The second requirement

Rights and duties of foreigners (trustees )

First: the general rule regarding their rights and duties

35)  It is decided at the present time that each country has the right to determine the extent of the rights enjoyed by foreigners in its territory, provided that they are allowed a minimum of rights, otherwise it is considered in violation of international general rules requiring observance of this minimum of rights for foreigners .

The state’s policy in determining the rights enjoyed by a foreigner in more than the minimum level of them varies according to their own situations and circumstances and what achieves their interests. Some countries adopt the rule of likening foreigners to patriots in the enjoyment of private rights with some exceptions. And some of the other countries, and it is the most that is based on reciprocity. This is the rule in the foreigners' enjoyment of rights at the present time, as for the rule in the commitment of foreigners to duties, it is their equality with patriots as long as these duties are not based on nationality, and on this, financial taxes are subject to the foreigner just as the national is subject to it because imposing it on individuals is not based on their nationality It is only on the basis of their residence in the state, their own money in it, their legal work there, or their benefit from the state's organizations and facilities. And the duty of national defense or the performance of military service is the duty of the patriot, and it is not the duty of the foreigner, because his obligation on the individual requires the availability of a citizen in him. A subnational foreigner is bound by some duties because he is a foreigner, such as having to perform some procedures since entering the territory of the country, such as submitting the required declarations from foreigners, obtaining a residence permit, informing him of the competent authorities of changing his place of residence, and so on .

36)  As for the general rule regarding the rights of foreigners, that is, the trustees in the House of Islam in Islamic jurisprudence, it is that they are like the Dhimmis in the enjoyment of rights except with a few exceptions required by the nature of the trustee being a foreigner from the House of Islam, and this is why Muslim jurists say about the trustees that they are (the status of dhimmis in our house ).

37)  These rights that the trustees enjoy, i.e., foreigners in Dar al-Islam, come from the internal law of Dar al-Islam, meaning Islamic law, and not from the internal law of any other country, nor from the rules of general international law, contrary to the prevailing opinion among countries at the present time, as most scholars of public international law see A foreigner's enjoyment of the rights is a recognized right that comes from public international law .

38)  Rather, the rights of the trustee come from the Islamic Sharia, because Sharia has made these rights a requirement of security granted to the trustee and its consequences, and that protection by virtue of safety is a matter required by Islamic law and the House of Islam does not have the right to neglect it because it is treachery and betrayal, and betrayal is prohibited in the Sharia of Islam. In implementation of this rule, the Muslim jurists have decided that the House of Islam may not hand over the trustee to his country without his consent, even if it is to inform him of a Muslim captive. Rather, even if the trustee’s state threatens it to fight if it refuses to hand him over to it, it is not permissible for Dar al-Islam to hand him over to his state. Likewise, the jurists have decided that if the trustee enters Dar al-Islam with little money, then Dar al-Islam does not take from him a tax on his money that is to be removed from it all, even if his state does this with regard to those who enter it from the subjects of Dar al-Islam because reciprocity in this case is unfair and does not go along with injustice.This confirms what we have said that the source of rights for a foreigner in Dar al-Islam is its internal law and not its source in general international law or the internal law of the foreigner's state .

39)  The rule in duties for the trustee is the same as the rule in his rights, that is, the trustee is like the dhimmi in the duties he fulfills during his stay in the abode of Islam, because the jurists say, as we mentioned a little earlier, that the trustee in the abode of Islam is like the dhimmi. However, he differs from him in some of the duties that the commitment of the dhimmi to which is based on being one of the people of Dar al-Islam, for example, is obligatory for the dhimmi as one of the people of the House of Islam and instead of defending it .

Second, political rights

40)  Trustees are foreigners from Dar al-Islam, so it is natural that they do not have a share in managing the affairs of Dar al-Islam by enjoying political rights, and for this reason the Muslim jurists did not stipulate the permissibility of assigning public positions to them. The tendency of Muslim jurists and the House of Islam to deny the trustees of political rights is the direction taken by states at the present time, and the writers of public international law and private international law unanimously agree upon it, and they see no room for discussion and debate in depriving foreigners of political rights because the enjoyment of these rights presupposes the availability of a characteristic. Citizen in person .

Third, public rights

41)  It is decided at the present time among the countries of the world that every state must guarantee to the foreigner in its territory the enjoyment of the minimum level of public rights, because public rights are considered one of the bases of the human personality and the human being deprived of them results in the waste of his humanity, and that is why the Institute of International Law decided upon its meeting in New York In 1929, these rights were considered international human rights . If the state refuses to recognize the general rights or the minimum of these rights to a foreigner, it is considered a violation of the rules of public international law and its responsibilities are decided .

42)  The trustees in Dar al-Islam, although they are foreigners, enjoy in it the same as the dhimmis enjoy from public rights, except with very few exceptions, and accordingly, the minimum of public rights established by general international law at the present time for foreigners are available to the trustees under Islamic law And, in what follows, we mention very briefly something about these rights of the trustee .

43)  The right of the trustee to enter the abode of Islam: The majority of scholars of public international law believe that a foreigner has the right to enter the territory of a foreign country, and this right comes from public international law and is required by international transactions and inter-state cooperation. There is another opinion that says that the state has the right to regulate the entry of foreigners into its territory, it has the right to prevent their entry, and it has to accept their entry according to certain conditions, and there is no legal obligation for the state to accept the entry of foreigners into its territory .

44) 

_PRINTER

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Published on: 2015-02-08 (11200 Reads)

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