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The Rights of Religious Minorities in Islam

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The Rights of Religious Minorities in Islam The Rights of Religious Minorities in Islam Thesis Submitted for the Degree of Doctor of Philosophy In Theology by Mahdi Komeili Under The Supervision of Dr. Seyyed Farman Hossein Department of Theology Aligarh Muslim University Aligarh (India) 1999 T5141 --'T<15 ->i '^:J'"JJ ^^mvm^^ Department of Shiatheology , ResidenC' Faculty of Theology 4/776 Iriendi Color. Allgarh Muslim University Zohrabagh, Alioirh U.P. Indi Aiigarh Dr. Syed. Far man Husain PIN 20200 Reader MA PhD TO WHOMSOEVER IT MAY CONCERN This is to certify that this thesis bearing the title of "The Rights of Religious minorities in Islam" submitted by Mr. Mahdi Komeili is his original work done by him under my supervision for award of degree of Ph.D. from the Depanment of Shia Theology, Aiigarh Muslim University, Aiigarh, U.P. India. In my opinion, this thesis would always be a source of guidance to all the people who are interested in research work and will surely be considered a valuable contribution to the world of knowledge. Dr. Syed Farman Husain Supervisor Ex-Chairman, Deptt. of Shia Theology, Aiigarh Muslim University, Aiigarh. HOLY QURAAN In the Verse 136 of The Cow Sura, God instructs to the Moslems in respect to the Unity of Ail Divine Religions ^^'3! L-o 3 <^-***^ 3 ,j-*>3« ^^3! >-« 3 l»L-j-*<VI 3 V3^-*i 3 t3^**—**»' Say, "We believe in God, and in that which has been sent down on us and sent down on Abraham, Ishmael, Isaac and Jacob, and the Tribes, and that which was given to Moses and Jesus and The Prophets, of their Lord; we make no division between any ofthem, and to Him we submit". A lesson of Holy Quraan in Support of Humanity God says in The Woman Tested, "All followers of Quran are instructed that not only they should not be indifferent towards any human, either idolater, or communist or following any other religion, who does not plan to overthrow Islam, rather they should be just, kind, affectionate and benevolent. ACKNOWLEGEMENT In the Name of Allah, the Beneficient, the Merciful Herein, it is necessary that I thankfully acknowledge unsparing efforts and guidance from Dr. Sayyed Farman Husain, my supervisor and ex-Chairman, Department of Shia Theology (AMU), Aligarh, who supervised my thesis. I'm also thankful to Prof Syed Manzur Mohsin Rizvi, Prf Abdul Aleem Khan, Ex-Dean, Faculty of Theology, Chairman Dr. Irtaza Hussain and staff members of Department of Sunni & Shia Theology for their kind help and co-operation. I also pay thanks to : i) Prof Tahir Mahmood, Chairman, Minority Commission of India, New Delhi ii) Prof S. Jamaluddin Deen Parvar, Dean & Head, Centre of the Nehjul Balaghah, Iran iii) Dr. Mehdi Khwajeh Piri, Head, Noor Microfilm Centre, Islamic Republic of Iran, Office of the Cultural Counsellor of I.R. Iran, New Delhi iv) Prof Tofiqi, Member & Ostad of Hauza-I-Ilmiya Qumm, Iran. v) Prof Ali Asghar Auhadi, Member of the International Central Publications, Iran vi) Dr. Baqari, Cultural Counsellor, Embassy of I.R. Iran, New Delhi. vii) The library staff Centre of the Computer Information, Hauza-e Ilmiyeh, Qumm, Iran viii) Dr. Akhtar Mehdi, Professor, Department of Persian, J.N.U, New Delhi ix) Syed Saeed Wesali, Research Scholar (Ph. D.) in Sociology, J.N.U., New Delhi. x) Dr. Karim Najafi, Member, Association of History of India, New Delhi. I am grateful to Mrs. Munir Shafiei for her kind help regarding typing of this thesis and to Mr. Reza Hamidi and my Brother-in-Law, who has been very helpful to me in this regard. February, 1999 (Mahdi~Konieiri) A.M.U. Aligarh ^^1 j2^J\ iti ^, Dedicated to the learned soul ofHazrat Imam Khomeini (R.A), Founder of Islamic Republic of Iran, be peace upon his soul, to the holy souls of Martyrs and to my beloved parents as well Table of Contents Title Page Abstract 1 Preface 9 Chapter 1 Brief History of Religions 19 Brief History of Zoroasterianism 20 BriefHistory of Judaism 30 Brief History of Christianity 39 Brief History of Islam 52 Description of term 'Religion' 62 Definition of religion 62 Definitions of Sociologists for Religion 63 Changes of Religion in View of French August Cont 64 Conception of Theologists about Religion 65 Conception of Ancient Greeks about Religion 65 Introduction of Judaism, Christianity and Zoroastrianism about religion 66 Religion in View of English Roger Bacon 67 Essential Unity of Religions 70 Unity of Religions in View of Quran 71 Attitude of Islam towards the Existing Religions 85 Critic Attitude of Quran towards the Followers of the Book 87 Unity of Religions in View of Imam AH (A.S) 91 Islam in Complementary to the Precedent Religions 96 The religion of Zoroaster was ruined 96 Chapter 2 Studying the Word "Right", and Attitudes of Jurists and Value of Familiarity with Rights 106 Literal meaning of Right 107 Mystery of Formation of Rights 109 Right in View of Jurists 110 Comprehensive Definition of Rights 113 The Basis of Rights in Islam 115 Objectives of Law 118 Establishment and constancy of law 118 Providing security of individuals life 118 Settlement of justice 119 Value of Familiarity with Law 119 Relation of Rights with Sciences 120 Relation of Rights with Religion 121 Article 12 121 Article 167 of constitution of Islamic Republic of Iran 121 Relation of Rights and Islamic Jurisprudence 122 Chapter 3 Contracts & Legal Value of International Treaties in Islam 127 Attitudes of Istem towards the International Law 129 Peaceful coexistence 131 Freedom in choice or change of religion 131 Respecting life and existence value of man 132 Preserving and settling public security 132 Worldly outlook and deep attitudes of Islamic international law regarding freedom 132 Concept of International Treaties in Islam 133 Definition of international treaties 134 General condition of contracts in Islam 134 Types of Contracts 135 First International Treaty in Islam 135 Aghabeh contract 136 Contract of Hadibieh Reconciliation 137 Content of Contract of Hudibieh Reconciliation 137 Charter of Medina 138 Principle of Fulfillment of Promise in Islam 143 The Practice of The Prophet and the Principle of Fulfilling Promise 144 History of Islam in Fulfillment of Promise 145 The Commands of Orthodox Caliphs about Fulfillment of Promise 146 Islam and Future of Humanity 148 Islam's Prophet and Introduction of Global Idea of Islam 150 Belief and Expectation of the Schools from Unique and Global Government of Islam 152 Chapter 4 Studying Meaning of the Word "Minority" & its History 155 Meaning ofReligious Minority in Islam 156 Review of History of Religious, Political and Racial Minorities 157 Minorities in View of Quran 160 Minorities in View of Nahjol Balagheh 165 Relation of Minorities with the Word Foreign in Islam 171 The Meaning of Protection 172 Types of Protection 173 Duties of Foreigners or Conditions of Protection in the Islamic Country 177 Termination of Protection 177 Expiry of period 177 Non observance of conditions of protection 178 Benefits and interests of Islam andMuslems 178 Death of asylums 179 Chapter 5 Position of Rights of Minorities in the Legal System of Islam 180 / Brief Introduction of Government of Islam 181 A Review on the System of Islamic Government 182 Conditions and Qualifications of Governors and State Agents in View of Islam 183 Objectives of the Islamic Government 184 Equality 184 Command of Imam Ali (A.S) to the Islamic Nation in respect to Equality 186 Providing better facilities for the welfare of society 187 Providing freedom and social justice 187 Public responsibilities in establishment of a safe government 187 Distinctions of Islamic Government in Comparison with the other Governments 188 Political Privileges of Religious Minorities in the History of Islam 190 Rights of Minorities in the Islamic Sources 199 Meaning of sources 199 Sources of Islamic Law 199 Tradition 200 Consensus 201 Intellect 202 Contracts 203 Practice of the wise 204 Governmental rules 204 Religious regulations of divine books 204 Distinctive Point of Islam with Secularism an Laic Systems 205 Respect and Emphasis of Islam on the Principle of Enforcement of Justice and Equality 208 Rights of Minorities of Iran in Constitution of Islamic Republic of Iran 212 Article 13 214 Article 14 214 Article 22 215 Article 26 215 Article 64 215 Article 112 215 Article 154 215 Chapter 6 Legal Freedoms of Minorities in Islam 218 Civil Law of Minorities 219 Marriage 220 Divorce 221 Heritage 221 Will 222 Political Freedoms for the Religious Minorities 222 Religious Freedoms 223 Economical Freedoms 225 Moral Freedoms 226 Chapter 7 Responsibility of Minorities in the Islamic Society 229 Nature of Tributaries and Brief Ordinances about them 230 Conditions of the Tributaries 234 Tribute or Poll Tax 239 Meaning and definition of tribute 239 Regulations related to determining the amount of tribute 239 Verses Related to Tribute in Quran 242 Studying the Traditions Related to Tribute 245 Philosophy of Tribute and Comparing it with other Governments along the History 250 Exemptions from Paying Tribute 251 Chapter 8 Reply to Some Questions and Objections 253 Regarding Freedom and Change of Religion 262 Confessions of Non-Moslem Scientists 264 Conclusion 271 References 275 ABSTRACT TOPIC: THE RIGHTS OF THE RELIGIOUS MINORITIES IN ISLAM. INTRODUCTION AND MOTIVE FOR CHOOSING THE THEME. Chap I: The Unity of Abrahemese Religions a) A passing review of Zoroaster's short history, Moses\ Jesus Christs and that of Islam. b) The substantial unity ofrevealed religions for the standpoint of the Holy Quran and Nahjul Balaghah. c) A survey of the dimensions to the word 'religion', the sociologists' definitions and points of view. d) The approach and attitudes of the scholastic theologians, ancient Greeks, the French August Conte, the English Roger Bacon to religion.
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