Legal Foundations of Regulating War and Peace in Islamic Law

Аннотация

This study explores the foundational legal framework within Islamic law that governs the treatment and status of non-Muslims (dhimmis), particularly during periods of war and peace. Drawing upon classical Islamic legal texts, Qur’anic verses, and Hadiths of the Prophet Muhammad (peace be upon him), it outlines the categories of people under Islamic rule — Muslims, dhimmis, musta'mins, combatants, and others. Special emphasis is placed on the rights, restrictions, and duties of dhimmis (primarily Jews and Christians), and the nature of their treaties with the Islamic state, including the payment of jizya and kharaj. The paper analyzes social, legal, political, and economic dimensions of coexistence, including their dress code, religious freedoms, and civil protections. The work relies on interpretations by classical jurists such as Abu Yusuf and historical precedents set during the era of the Prophet and early caliphs. Keywords: Islamic law, dhimmi, jizya, kharaj, musta'min, Ahl al-Kitab, TRUCE, Sharia, non-believer, apostate, treaty, legal status, religious freedom, Hadith, Qur’an. Ali. Introduction: According to Islamic law, the population of a country is classified into several groups based on Ahl al-Kitab: People of the Book, including Christians their legal status: and Jews. 1. From a Political Perspective: Magians: Worshippers of the sun or fire, typically from pre-Islamic Persian communities. Muslims: Enjoy all political and civil rights and fulfill their obligations. Idolaters: Pagans from foreign lands or Arab tribes. Dhimmi: Non-Muslims residing in the territory of the Apostates (Murtads): Those who have left Islam. Islamic state, whose lives and property are protected 3. From the Perspective of Freedom: by the state under agreements. They benefit from Free Individuals and Slaves: The legal status, rights, and rights stipulated in the agreements and fulfill their obligations of slaves differ significantly from those of obligations. This category typically includes Christians free individuals, as slaves were considered the property and Jews. of their owners. Musta’min: Foreigners in Dar al-Islam who are granted The “Ahl al-Dhimma” or “Dhimmis” refers to non- safety and security. Muslims residing in the Islamic state, who are under the Combatants: Non-believers who are enemies of Islam state's protection in exchange for paying the jizya tax. and reside within the Islamic state's territory. Islamic law places significant emphasis on the rights 2. From a Religious Perspective: and obligations of dhimmis living in Muslim territories. Sunnis: The majority group in Islam, adhering to Ahl al- These typically include Christians, Jews, and Sabians, Sunnah wal-Jama’ah and constituting the main who have agreements with the Islamic state specifying population of Muslim states throughout history. mutual rights and obligations. Dhimmis are often referred to as “Ahl al-Kitab”. Shiites: A major branch of Islam, followers of Abu Talib International Journal of Law And Criminology 14 https://theusajournals.com/index.php/ijlc International Journal of Law And Criminology (ISSN: 2771-2214) Under agreements with the Islamic state, dhimmis are kharaj taxes on time and in the prescribed amounts. guaranteed protection for their lives, health, property, It is essential to emphasize that the primary sources of religious practices, and customs. In return, dhimmis are Islamic law, the Qur’an and the Hadiths of Prophet obligated to respect Islamic law, adhere to the Muhammad (peace be upon him), pay special attention established order, and pay taxes as determined by the to the legal status of dhimmis. Several verses in the state. Certain restrictions are also placed on dhimmis, Qur'an establish guidelines regulating the interactions distinguishing them from Muslims. These include between Muslims and dhimmis, stating that Muslims prohibitions on: should not harbor hostility toward followers of other • Riding horses, religions and should treat them positively. If non- believers seek protection from Muslims, appropriate • Owning weapons, measures must be taken to ensure their safety. Based • Building houses taller than those of Muslims, on these instructions, the agreements between • Marrying Muslims, Muslims and dhimmis were enriched and clarified. • Owning Muslim slaves, In particular, treaties between the Islamic state and • Sitting above Muslims in gatherings, dhimmis outlined the rights and responsibilities of both parties. These agreements detailed the Islamic state's • Greeting Muslims first, obligations toward dhimmis, the rights of dhimmis as • Engaging in behavior offensive to Muslims individuals and citizens of the Islamic state, guarantees (e.g., drinking wine), of their rights, and the fundamental principles • Reading the Bible aloud in public, governing their accountability for failing to meet their obligations. The guiding principles of these agreements • Constructing new churches and synagogues are based on Qur'anic