NATIONALITY IN ISLAMIC LAW An article written by Dr. Abdul Karim Zaidan in the sixties of the last century, and published in the magazine "Al-Baath Al-Islami", which was issued by the House of Science for the Scholars Symposium in the city of Lakhto / India under the supervision of the Honorable Sheikh Abi Al-Hassan Al-Nadwi ... The most prominent Islamic thinkers such as Professor Ali Al-Tantawi, Dr. Saleh Al-Ashqar, Dr. Muhammad Adib Al-Saleh, and many others, and his editorship has been chaired since then by the Honorable Saeed Al-Azami Al-Nadwi . The article " Nationality in Islamic Law " was published in the fourth issue of Al-Baath Al-Islami magazine, issued on Shaban 28, 1387 AH, corresponding to December 1, 1967 AD . Note: The translation below may need revision... We welcome any correction by emailing us Written by Dr. Abdul Karim Zidan   Nationality is a tool for expressing the individual’s affiliation to a specific country, that affiliation, which means the establishment of a legal and political bond between the individual and the state . This concept of nationality is known in Islamic law, although the jurists did not call it the term nationality, and the evidence for this is that the state was known in Islamic law as a call to its establishment and as a de facto state, which the jurists called the House of Islam. Dar Al-Islam ). Individuals, who are the constituents of the people, are described as being from the house of Islam, that is, from the Islamic State, and the warriors are described as being from the house of war, that is, from the house of war . These individuals are linked to the state in a special way, which is not similar to the individual’s attachment to the individual, because the Islamic state is not an individual but a political organization, and it is not similar to the individual’s association with the ummah because even if the ummah is not an individual, it is not a political organization . The association of the people of Dar al-Islam in this house is a political bond, because the Islamic State, which is a political organization, is a party to it. Also, this association is legal because the legal effects are caused by it and by the individual and the state. These effects are the rights that the individual enjoys under the state, and the duties that he performs before it . Among these rights, public rights, and political rights, and his obligations towards them financial costs . The jurists have mentioned these rights and duties, as well as the conditions in which this “sexual” bond is organized between the individual and the Islamic state, such as the Muslim’s apostasy and his attachment to the house of war . The bond of sexuality in its modern sense is defined in Islamic law as an inevitable result of the existence of the Islamic state, which the Sharia is keen to establish and maintain. All that is in the matter is that Muslim jurists did not name this link in the name of nationality, and not naming it does not mean that there is no such link between the individual and the Islamic state . Whoever enjoys the Islamic nationality and its basis Islamic law, Muslims make one nation Almighty said (This is your one nation and I am your Lord, so worship Me) and the Almighty said (You are the best nation out of people Propagation of Virtue and forbidding what is wrong and believe in God ). The basis for their being a single nation is the unity of belief that unites them, even if they differ in gender, language, or other things in which people differ. Because the element of the Islamic creed overcomes these differences and makes Muslims brothers in the religion (but the believers are brothers). However, the Muslim’s affiliation with Muslims as a nation is considered a form of social, not political, bonds, because the ummah is a social, not political, unit. It calls on them to transform into a political organization, that is, into an organized political body, that is, into a state, because the objectives of Islam are not being achieved as they should, and its provisions are not properly implemented without the establishment of this political organization for Muslims . That is why this political organization was coupled with the formation of the first Islamic group, so as soon as the Messenger هand his companions settled in Medina until, peace and blessings be upon him, the formation of the first Islamic state began. New to Muslims not only on the basis that they are a nation, but on the basis that they are a political unit, any state . This bond is a political and legal bond, the two sides of which are the individual Muslim and the Islamic State. It is the nationality bond as it is called at the present time. The basis of this bond, for a Muslim, is Islam, that is, being a Muslim makes him worthy of belonging to the Islamic state, subservience to it and legally associated with it. So every Muslim enjoys the nationality of Dar al-Islam on the basis of the availability of the Islamic characteristic in it, and therefore, Islam is considered at the same time as a belief and a nationality, and Muslims anywhere they are considered brothers in belief and nationality . Does the dhimmi have Islamic nationality ? Muslims are originally the people of Dar al-Islam, so in the Bada'i (and the Dhimmi are among the people of Dar al-Islam), this means that the dhimmis are considered members of the people of Dar al-Islam and those who are affiliated with this house, so they are linked to the Islamic state by what is called the bond of sexuality. This is clear. Just as the scholars say that Muslims are from the people of Dar al-Islam indicates that Muslims are affiliated with this house and bear its nationality, so also their saying that the dhimmis from the people of the House of Islam indicate that the dhimmis are affiliated with this house and enjoy its nationality . Professor Ahmed Taha Al-Senussi said: “Dhimmis do not enjoy Islamic nationality,” and his argument is that dhimmis do not enjoy the same rights as Muslims, and they do not abide by their same obligations, as political rights are enjoyed by a Muslim and a dhimmi does not. The jizyah is obligated by the dhimmi without the Muslim, and zakat is obligatory on the Muslim without the dhimmi, and all this indicates that the dhimmi does not enjoy the Islamic nationality because if he had enjoyed it, he would have had rights and duties similar to those of the Muslim or upon him, as is the case in the modern state, which equals its citizens In rights and duties . Indeed, this saying is weak. The Islamic state adopts the principle of equality in rights and duties between the Muslim and the dhimmi, but it excludes from this rule some rights and duties for its adoption of the religious belief, hence the disparity in some rights and duties between the Muslim and the dhimmi . But this does not mean that the Dhimmi does not enjoy the Islamic nationality, because the state, even in our present time, may not equate its citizens - all of whom enjoy its nationality - with regard to some rights, especially political rights, and despite this they still possess the nationality of the state, and no one has said The fact that this group of nationals of the country enjoyed some rights is evidence that it does not enjoy the country's nationality . Citizens in modern countries are the individuals who enjoy the nationality of the state, regardless of the disparities between each other in the internal legal life, especially from the point of view of political rights. The disparity in rights and duties among citizens is an internal issue that does not affect their enjoyment of the state’s nationality . The basis of Islamic nationality for the dhimmi Some have argued that the basis of Islamic nationality for the dhimmi is his adherence to the provisions of Islam, and others said that the dhimmis enjoy what can be called Islamic nationality based on the non-timed residency in Dar al-Islam . But a response to the first saying is that the commitment to the rulings of Islam for the dhimmi is due to the dhimma contract as stated by the Hanafis, or it refers to the general mandate of Islamic law in the abode of Islam and the possibility of its implementation therein, just as the trustee abides by the provisions of Islam during his stay in the abode of Islam, and this commitment does not become a dhimmi Who is responsible for this house . The second saying is that the non-timed residency is a consequence of the dhimma contract, as it is some of its effects, just as the trustee may reside in the abode of Islam for an unlimited period if the imam does not specify the length of his stay and does not order the exit, and with this he does not become a dhimmi from the people of Dar al-Islam . What I see is that the basis of the nationality of the dhimmi is the dhimma contract with respect to whoever enters into the dhimma through an explicit contract, and this is clear the sayings of the jurists, including what Imam Sarkhasi said in Mabsutah. Because with the dhimma contract, he became one of the people of Dar Al Islam As for in other than this case, that is, with regard to whoever enters the dhimma by means of evidence indicating his approval, or by dependence to others, or by victory and conquest. The basis of nationality is the will of the Islamic state itself, for it is the one that grants the dhimma - nationality - to a non-Muslim in these cases by its own free will and discretion in accordance with the rules of Sharia and what is required by the state’s interest . Original and subsequent nationality If the dhimmi acquires the nationality of Dar al-Islam at the moment of his birth, then it is an original nationality, and if he acquired it after his birth, then it is a subsequent nationality and the original nationality of the dhimmi is imagined in the event that a child is born to the dhimmi, then the newborn follows his father in the dhimma from the moment of his birth, then he acquires the nationality of Dar al-Islam, and if the dhimmi has a son A young child when he is bound by the dhimma contract, then this young son follows him in the dhimma also, so he acquires the citizenship of Dar al-Islam and this nationality in his right is a subsequent nationality, and likewise the wife enters into the liability according to her husband or if she marries a dhimmi, then she acquires the nationality of Dar al-Islam and this nationality becomes for her a nationality Suffix . Loss of nationality A dhimmi loses his nationality if he performs what is denying him the dhimma, as if he joined the house of war, except that as long as he did not appear from him what revokes the dhimma, the Islamic state does not have the power to withdraw his nationality from him . Nationality of the trustee The trustee is a foreigner from the abode of Islam and not from its people, if he is from the abode of war, and if he enters the house of Islam in temporary safety to relieve a need, then he returns to his homeland, and with this the jurists stated that they said (the trustee is from the people of the house of war, and if he enters the house of Islam not with the intention of residing, but for someone who is in need, then he returns to his homeland And in the explanation of the great biography of Imam Muhammad bin Al-Hassan Al-Shaibani - Al-Sarakhsi (As for the trustee, he did not become one of the people of our house because he is not from the people of the House of Islam, even if there is a picture in it .