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Muslim Legal Traditions of Dhimmah and Relevant Human Rights Law

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Muslim Legal Traditions of Dhimmah and Relevant Human Rights Law chapter five Muslim Legal Traditions of Dhimmah and Relevant Human Rights Law .. dhimmah and its practice in recent history ... Dhimmah Th e Koran says: “O Mankind, we created you from a single pair of a male and a female, and made you into nations and tribes that you may know each other.” It also affi rms that “among God’s signs are the creation of the heavens and the earth, and the diff erence of your languages and colours. Verily in that are indeed signs for those who know”. Th e Koran further recognizes diversity in belief and religion as it reads: “A n d if your God wished, it would certainly have created all people as one single nation, yet they still have their diff er- ences . .” By these verses not only is the diversity of people clearly recognized as a divine principle in the Koran, but also “human diversity is indicated as a basis or identifi cation and appreciation of the power and divine wisdom of God, the creator of humanity.” Similar to other progressive ideals, when the Koranic divine principles were put into practice at the time of their emergence in underdeveloped Bedouin societies, they had to be limited and modifi ed under the pressure of their historical and social contexts. Rules aff ecting the status of non-Muslims among Muslims were not exceptional. Mayer points out: Th e pre-modern Shariah rules aff ecting the status of non-Muslims . re- fl ect the circumstances of that era. Th e nascent community was weak and beleaguered, faced with the diffi cult task of the absorbing non-Muslim Th e Koran, :. Ibid., :. Ibid., :. Mashood A. Baderin, ‘Establishing Areas of Common Ground between Islamic Law and International Human Rights’ the International Journal of Human Right (), pp. –. Chapter Five communities in newly won territories while having to meet the military threat of powerful non-Muslim foes. To understand the situation of early Muslims “one needs to avoid thinking in twentieth century terms, that is, from an individualistic perspective, which tends to interpret religious creed as an entirely personal matter”. Aft er early Muslims had been unifi ed by the new religion and established their new community they remained at war for several decades with the non-believer enemies surrounding them. Th e situation of Christians and Jews living among these Muslims was unique. Th ey were neither Muslim, nor enemy, and were respected as Ahlil-Kitab (People of the Book). But from a security and political point, there was suspicion they were helping the enemy. Hence, they were not considered as full citizens of the newly established community. Th e fi rst political society of Muslims was shaped in Medina and was based upon a new progressive system of social links – a shared belief in God and the prophet hood of Muhammad – which replaced the traditional tribal/eth- nic links-based system. While according to tribal links, similar to temporary modern national links, other tribes or nationals were considered aliens or even enemies, according to the new belief-based system, citizens were categorized as Muslims or full citizens; People of the Book or the recognized minorities who could live permanently among Muslim under a contract called Dhimmah; or, fi nally, other non-believers or those who could reside in Muslim territories temporarily based on other contracts such as ‘Aman’ or ‘peace’. Non-Muslims who resided among Muslims under a contact were called Muahids. “Other people were considered enemies or harbi. Harbi in classical ShiAi literature means those who do not obey God and his Prophet and have not made the Dhimmah or other agreement with Darul-Islam (the territory of Islam).” Islam emphasizes the necessity of abiding by contracts and treaties, known as “promises to God” or “Ahd-Allah”, and reiterates that: “When you have Anne Elizabeth Mayer, Islam and Human Rights, Tradition and Politics, Th ird Edition (Westview Press, London, ), pp. –. Donna E. Arzt, ‘Th e Role of Compulsion in Islamic Conversion: Jihad, Dhimmi and RiddaA Buff alo Human Rights Law Review (), p. For further information on Aman See Majid Khadduri, War and Peace in the Law of Islam (Johns Hopkins Press, ), pp. –. Seyed Mohammad Ghari Seyed Fatemi ‘Nationality or Citizenship? A Normative Appraisal of International Law, ShiAi Fiqh and the Iranian Legal System’, in Mofi d University, Collected Papers of the International Conference on Human Rights and Dialogue of Civilization, May (Mofi d University Publication Institute, Qom – Iran, ), p. .
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