Status of the dhimmi in Islamic law

Abstract

This study concerns mainly with the status and position of dhimmi in various aspects of Islamic law. It is an attempt to survey the legal status of dhimmi in the scattered writings of Muslim jurists, and tie them up systematically in a one work.

The Introduction deals with the purpose of the inquiry, the scope, and the relevant literature of the thesis.

In Chapter One the Muslim conception of the world, or Islamic law of nations; viz. dar al-Isläm, d8r al-harb, dar al-'ahd, is analysed as is the nature of the relationship among those states, and category of non- Muslims.

Chapter Two is devoted to the dhimmi's obligations pertaining to the fundamental concepts of Jizyah, kharä, 'ushr, and their need to observe some aspects of Islamic law.

Chapter Three is concerned with the principles and aspects of the Islamic conception of tolerance towards non-Muslims as well as some archetypes of Muslim tolerance.

Chapter Four gives a detailed discussion of the dhimmi's judicial status in Islamic criminal and family laws, and the law of contracts.

Chapter Five is concerned mainly with the analysis of dhimmf's religio-socio-political status. The question of religious autonomy, political rights, economic, education, welfare etc. will be discussed.

Finally, Chapter Six outlines the result of this study.