From Shariah:The islamic Law compiled by Abdur-Rahman I. Doi
Ch. 24 pg 426-429
Non-Muslims and Islamic Nationality
The non-muslims who live in an Islamic state and enjoy all their human rights which are enshrined in the shariah are called Dhimmis-the covenanted people. The dhimmis living in an Islamic state are guaranteed the protection of their life, property and honor exactly like that of a muslim. The rights diven to a dhimmis are of an irrevocable nature. It becomes every muslim's religious duty to protect life property, and honor of a non-muslim since it forms a part and parcel of iman.
The word dhimmah literally means pledged, safety, and guarantee. The non-muslims are called dhimmis because they are under the pledge of Allah, the Messenger of Allah (saw), and the pledge of the muslim community so that they can live under the protection of Islam. The pledge of security given to the non-muslims is like the political nationality given in the modern times on the basis of which people acquire all their rights as the nationals of a certain country and become liabvle to resposibility. The dhimmis from this point of view are "the people the abode of Islam" and hence the possessors of Islamic nationality.
Non-muslims under the Jurisdiction of a Muslim State
The muslim Jurists have classified the non-muslim citizens under different categories. There are usually five different kinds of non-muslims who may be found in any Islamic state:
1)Dhimmis- These are those who accept the hagemony of the muslim state whose matters are to be decided with the terms of the appropriate treaty. The Muslim state is duty-bound to abide by all the terms of the treaty.
2)The conquered people- These are those who have fought against the muslims and been defeated. They automatically become dhimmah. However, they will pay a fixed amount of tax called jizyah. Thier lives, property, honor, and places of worship will be protected in lieu thereof.
3) Those non-muslims who happen to reside in the state as its citizens.
4) Those who are temporarily in the muslim state i.e., tourists and temporary passers through.
5) Resident aliens who have adopted voluntarily to live within the muslim state.
It is essential to remove some misconceptions about the difference between the muslims and non-muslim dhimmis. Some scholars tend to give the misleading analogy of this distinction and compare it with Jus Civile or the Roman Pax Romana. It should be remembered that non-muslims are not outside the jurisdiction as is the case with Jus Civile. Likewise, muslims are not to consider themselves "Lords of the population of the globe" as they are not arbis Romanus, but merely the servants of Allah. Even as rulers muslims are merely the custodians of Allah's property and not the absolute owner, because everything existing in the heavens and the earth belong to Allah. The non-muslims therefore are equal before the law in all respects. The distinction between 'muslims' and 'dhimmis' remains one of political administration and not of human rights.
Since the dhimmis are under dhimmat-Allah, they enjoy complete religious, administrative and political freedom - a right guaranteed to them in return for their loyalty and/or payment of the jizyah which will be utilized in the defence and administration of the state.
Part two either later or tomorrow as I must prepare a meal to break my fast with.......enjoy the read.....
