RULINGS OF THE DHIMMIS AND THE CUSTODIANS OF DAR AL-ISLAM
(Ahkam al-dhimmiyin wa-al-musta'minin fi dar al-islam)

This book authorship AlSheikh in 1381 AH - 1962 AD is located in (703) pages, and it was originally a PHD thesis that was submitted to Cairo University and won the first honor class upon its discussion.

The sheikh says about this book:

Praise be to God, Lord of the worlds, and prayers and peace be upon our master Muhammad and his family and companions.

Because the Islamic community has never been free of non-Muslims in any era, and it is no wonder about this, because Islam does not force people to be Muslims and does not prevent Muslims from living with those who disagree with their belief and religion, for they are all servants of God and it is not a requirement for belief in this religion to break with Non-Muslims and the rejection of coexistence with them under the state of Islam.

And if this is what happened, and it was preceded by God’s knowledge that it will happen, then the shariea has not neglected to regulate the relationships of non-Muslims in the abode of Islam, whether these relations with Muslims or between them are special .. And this is how non-Muslims were the subject of the opinion of the shariea, and it is the law And it regulates the affairs of Muslims, and the jurists came and dealt with this topic, some of them were discussed in it and some of them were many, and their writings were spread in the various chapters of jurisprudence, and not one of them wrote - as far as I know - a comprehensive book on this topic.

For this reason, I wanted to make the subject of my message in (Rulings of the Dhimmis and Trustees in the House of Islam).

The truth is that this topic deserves to make every effort to clarify and clarify it to the people, because if for Muslims it is a religion and a law, for non-Muslims it is a law as long as they live in the abode of Islam, so it is better for them to surround these provisions so they know this aspect of Islamic legislation.

This topic, despite its importance, is wide and sprawling, and he indicated to the honorable supervisor of the message, our esteemed professor Muhammad Salam Madkour, to address a part of it, but I was motivated by a strong desire to discuss this subject and I myself was able to highlight a clear picture of the position of a non-Muslim in Dar Al-Islam calls for dealing with this issue in all its aspects. That is why I requested that the whole topic be the subject of my this message, and I insisted on it in hope even before the gracefulness of it.

I have committed myself in my research to always be behind the Sharia, draw its rulings as they are, so I do not obey them when my soul desires, and I do not carry what I cannot bear, and I do not say them unless I say that because I believe that writing in Islamic law is a religion against which man is held accountable , and telling about the law of God is not permissible It is altered and distorted, in addition to the fact that honesty in the research requires that the researcher be independent of his whims.

I have mentioned, in the issues I discussed, the statements of the mujtahids that I stood upon, because their statements - with the exception of those based on consensus or texts that are definitive proof and evidence - are rightly considered as an aspect of interpreting texts, understanding Sharia and deriving rulings from their evidence, so they fall within the circle of acceptable and accepted jurisprudence that is permissible As an invocation of it, as it is permissible in this weighting when disagreeing and for this reason I preferred what seemed to me to be the most correct of their statements, and unless it appeared to me his correctness was silent and narrated the disagreement and mentioned the sayings, as it is not necessary to weight without evidence or justification, and I have expressed my opinion on some new issues that have Link in my research.

This is my approach to research, and if I succeeded in it to the right thing, then this is what I wanted, and it is pure grace of God to me, and if I made a mistake then I thought that I was careful not to make mistakes and that I hope in any case not to miss the reward, as our noble Prophet  ﷺ said ( If a judge issues a ruling, having tried his best to decide correctly, and his ruling is right, he will have a double reward, but if he issues a ruling, having tried his best to decide correctly, and his ruling is wrong, he will have a single reward).

I thought it useful to compare the jurisprudential rulings that I extracted in the aforementioned manner with what is currently applied in Islamic countries, and I chose for this comparison the United Arab Republic (Egypt), the Iraqi Republic and the Kingdom of Saudi Arabia. Some of the legal rulings are suitable, for example, for Islamic countries that follow this approach in the application of laws, and Saudi Arabia applies Islamic law. For this reason, it is an example for Islamic countries that follow this approach, and since Saudi Arabia applies Sharia according to the Hanbali school of thought. I should always mention, when comparing, that this is applied in Saudi Arabia for fear of boring repetition, except that I mentioned the modern technologies applied in it recently.

The thesis research has been made in an introductory chapter, two parts and a conclusion.

As for the Introductory Chapter, I dealt with the view of Islamic law on the world and the division of people and their homes on the basis of the Islamic belief. People are one of two: Muslim and non-Muslim. Diyar is a house of Islam and a house of war and non-Muslims are of various types, and they may be in Dar al-Islam on the basis of the dhimma contract or temporary security. For this has shown who they are dhimmis, and they Almstomnon, and what are the terms of contract disclosure, security timer and related then concluded this section a statement the legal status of Zmyin and entrusting the one hand, their enjoyment of the nationality of Dar al- Islam or lack of enjoyment.

As for the first part of the message, I made it to speak about the  rulings of the dhimmis and trustees in their relations with the Islamic state and divided it into two chapters:

The First Chapter to talk about their rights and duties, then I explained the general rule in their enjoyment of rights and duties, then talked about the types of these rights that they enjoy in the abode of Islam and the duties that they are bound by towards the state.

As for the Second Chapter, it is devoted to speaking about their crimes, whether they are against the security and safety of the state or against people and money. It also showed the punishments of Muslims for their crimes against the dhimmis and the trustees.

And the second part of the letter, in which I spoke about their rulings in their relations with individuals, whether it is personal status relations or financial relations, and since these relationships and the resulting rights and obligations that must be protected by the judiciary, I spoke about the extent of the general jurisdiction of the judiciary over their legal relations And the applicable law in this case, and for this I have made this section three sections.

Chapter One: In matters of their personal status.

Chapter Two: In their financial deali ngs.

Chapter Three: In the general jurisdiction of the judiciary over their cases and what is related to this topic.

As for the conclusion, I mentioned some of the advantages of Islamic law, along with a summary of the research and results that it reached or appeared to me during the research.

And if I forget, I do not forget the merit of the supervisor of this thesis, our esteemed professor Muhammad Salam Madkour, for his sovereignty had a great merit in completing it and bringing it out to the people, due to the much time he spent in reviewing its chapters, and with what he showed of generous directions and valuable notes from the time I prepared the research plan until the completion of its writing, may God reward him The best reward. Finally, I hope that with this message I have contributed with those working in the service of Islamic Sharia, spreading its concepts and clarifying its provisions, and God is behind the intention and it is a certain good.