არამუსლიმთა სამართლებრივი სტატუსი არაბთა სახალიფოში
| creativework.keywords | არამუსლიმები, ზიმიები, სახალიფო, ჯიზია, ისლამური სამართალი, Non-Muslims, Zimmis, Caliphate, Jizya, Islamic Law. | |
| dc.contributor.author | გელოვანი, ნანი / Gelovani, Nani | |
| dc.date.accessioned | 2025-01-23T12:33:02Z | |
| dc.date.available | 2025-01-23T12:33:02Z | |
| dc.date.issued | 2024 | |
| dc.description | ეძღვნება პროფესორ თინათინ მარგველაშვილის ხსოვნას (1924 – 2006) / Dedicated to Memory of Prof. Tinatin Margvelashvili (1924 – 2006) | |
| dc.description.abstract | The article analyzes the religious and legal position of non-Muslims in the Arab Caliphate based on data from Arab sources and analysis of scientific literature. The category of Dhimmis in the Arab caliphate originally included Jews and Christians. The situation applicable to the dhimmis would later also apply to Zoroastrians or fire-worshippers. Already in the contract signed by the Prophet Muhammad with the people of Najran (632 AD), the term Dhimmis (Arabic: reward, protection) is mentioned in the meaning of protection of non-Muslims in case of compliance with the terms of the contract. Judging by the texts of the treaties with the Dhimmis of the first century of the Hijra, preserved by Arab historians, their main conditions were: payment of a poll tax (jizya), a certain monetary or in-kind tribute, provision of quarters for Muslims and an obligation not to help their enemies. In exchange for this, “the dhimma of Allah, his Messenger, and the Commander of the Faithful” was guaranteed the inviolability of the person and property, the city wall and churches was ensured. However, there is no evidence in the Qur'an for a tax on a single soul ('alā l-na's), as argued by later jurists. The per capita tax, which eventually became established in Islamic law, was adopted by the Arabs from Sasanian practice If Ahl al-Dhimma participated in the defense of Muslim territories, they would be exempted from jizya. However, based on the practice of early Muslim communities, Christians and Jews were not obligated to join Muslims in fighting to defend their lands, as military jihad had religious connotations. According to Shari'ah norms, the Imam of the Muslims had no right to abrogate Jizya, unlike al-Kharajah (land tax), without reason at his discretion. Ibn Qayyim al-Jawziyya (d. 1350) explains this by saying that Kharaj was established in practice on the basis of Ijtihad, while Jizya is mentioned in the Qur'an and is paid in exchange for the preservation of life. Muslims, under no circumstances, had the right to violate the contract of protection, or the ‘aqd al-Dhimma, because this agreement, according to the provisions of the Sharia, was considered to be of unlimited duration. The agreement of ‘aqd al-Dhimma lost its legal force in the following three cases: 1) after the adoption of Islam by a Dhimmi; 2) when Muslims lost control over a given territory, and it came under the rule of non-Muslims; 3) after military coups, when power passed into the hands of dhimmis. The treaties of the conquest era differ in their brevity and contain guarantees of freedom of worship and preservation of church property. So, ‘Amr ibn al-‘As announced that he “guarantees the protection of the people of Egypt for their life, property, religion, churches, crosses”, and Khalid ibn al-Walid in the agreement with the inhabitants of Hira noted that “they are allowed to ring the bells at any time of the day and night, except for the time of Muslim prayer; It is allowed to carry out their crosses on the days of their holidays”. The founders of the key Sunni Law Schools -neither Malik ibn Anas, nor al-Shafi'i, nor Ahmad ibn Hanbal - did not allow synagogues and temples to be built in Muslim cities and their surroundings. Abu Hanifa allowed the construction of religious structures of Zimmi at a certain distance from the border of the Muslim city. According to the principles of Islam, certain restrictions were to be applied to the dhimmis, showing their humiliated position. The "humiliation" of the Ahl al-Dhimma, according to the version of Imam al-Shafi'i (d. 204/819), consisted in the application of the norms of Shari‘a to him, i.e. the Dhimmis had to follow the prescriptions of Islam in matters not related to doctrine (aqidah), and if they appealed to a Muslim court, they were judged according to the laws of Islam. If they resisted the execution of the rulings of the Shari‘a judge, the imam had the right to use military force against them. According to the point of view of Imam Muhammad al-Shaybani, “the dhimmi in everyday matters (in relationships, in matters of inheritance, etc.) had to comply with the rulings of Muslim judges, with the exception of matters related to wine and pigs”. At the end of the 8th century, the chief Qadi Abu Yusuf recommended to Caliph Harun al-Rashid (786-809) to oblige those under his protection: not to build new temples, not to carry crosses in public, not to follow a person sitting on a horse (only to use a mask), not to sell wine and pork in Muslim markets, not to wear straw and silk clothes. The reign of Caliph al-Mutawakkil (847-861) became a turning point in the religious policy of the Muslim state. Caliph al-Mutawakkil began persecuting Dhimmis, seeking to undermine the position of non-believers in the administrative apparatus and public life. A decree of 850 introduced restrictions on clothing for non-Muslims: they were required to wear yellow headdresses of a special shape, special stripes on the sleeves, and to use only wooden stirrups and saddles with balls. In 854, it was ordered to destroy all newly built churches; Dhimmi were prohibited from riding horses. In 859, a ban was imposed on accepting non-Muslims into government service, and Christian officials began to be dismissed. The houses of Christians and Jews had to be marked with wooden images of demons. But the growth of the educational and intellectual level of Muslims led to the fact that the state needed the services of non-Muslim officials less and less. In the 11th century, al-Mawardi (974-1058), a political philosopher who developed the concept of the state within the framework of Muslim (Sunni) law-fiqh, formulated six obligatory and six desirable conditions that ahl al Dhimma must observe. Obligatory: not to censure the Qur’an, not to blaspheme Muhammad, not to blaspheme the Muslim religion, not to commit adultery and not to marry Muslim women, not to persuade Muslims to convert to another faith, not to help those who are at war with Muslims. Failure to observe any of these conditions deprives them (Dhimmis) of patronage, i.e. places them outside the law. The jurists of different Madhhabs are not unanimous as to how a Muslim who kills a Dhimmi should be punished. The Hanafis consider it permissible to use Qisas against the killer of a Dhimmi, if the Dhimmi lives in Muslim territory and does not wage an armed struggle against Muslims. Al-Ghazali later wrote that earlier Muslim scholars like Imam Al-Sha‘bi (641-723) and Abu ʿImran Ibrahim ibn Yazid al-Nakhaʿi (670- 714) were of the same opinion. However, in practice it was mainly used. In addition, the blood value of a non-Muslim was half that of a Muslim. If the Dhimmis of the whole district rebelled against the Muslim state (for example, the rebellion of Armenians and Christian Georgians against the Caliphate in the 8th-9th centuries, the rebellion of the Coptic Christians in Egypt during the time of the Abbasid Caliph Al-Ma’mun, etc.), the army sent against them had to act as against "unbelievers" or those who have abandoned their beliefs. Based on the discussed material, we can emphasize that despite various restrictions, mainly Muslims and non-Muslims coexisted quite peacefully within the framework of one state - the Arab Caliphate. | |
| dc.identifier.citation | აღმოსავლეთმცოდნეობა №13, თბილისი, 2024, გვ. 87-99 / Oriental Studies №13, Tbilisi, 2024, p. 87-99 | |
| dc.identifier.issn | 2298-0377 | |
| dc.identifier.uri | https://dspace.tsu.ge/handle/123456789/2606 | |
| dc.language.iso | other | |
| dc.publisher | ივანე ჯავახიშვილის სახელობის თბილისის სახელმწიფო უნივერსიტეტის გამომცემლობა | |
| dc.title | არამუსლიმთა სამართლებრივი სტატუსი არაბთა სახალიფოში | |
| dc.title.alternative | Legal Status of Non-Muslims in the Arab Caliphate | |
| dc.type | Article |