Rights of Minorities (book): Difference between revisions
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==Structure of the Book== | ==Structure of the Book== | ||
The book "Rights of Minorities based on the law of the Dhimma Contract, a study of aspects of international law from the perspective of Islamic Fiqh," written by [[Abbasali Amid Zanjani]], is a work in the field of [[Political Fiqh]] in which the author examines the [[rights of religious minorities]] from a jurisprudential perspective. This work was first published by Sadr Library Publications in 1351 SH and later by the Office for the Publication of Islamic Culture. In the third printing by the second publisher in 1362 SH, selected rulings concerning the Ahl al-Dhimma from the book "Tahrir al-Wasilah" by [[Sayyid Ruhollah | The book "Rights of Minorities based on the law of the Dhimma Contract, a study of aspects of international law from the perspective of Islamic Fiqh," written by [[Abbasali Amid Zanjani]], is a work in the field of [[Political Fiqh]] in which the author examines the [[rights of religious minorities]] from a jurisprudential perspective. This work was first published by Sadr Library Publications in 1351 SH and later by the Office for the Publication of Islamic Culture. In the third printing by the second publisher in 1362 SH, selected rulings concerning the Ahl al-Dhimma from the book "Tahrir al-Wasilah" by [[Sayyid Ruhollah Musavi Khomeini|Imam Khomeini]] were added to the end of the book. | ||
Amid Zanjani wrote the book *Rights of Minorities* to provide a jurisprudential explanation of the relations and interactions of the Dar al-Islam with non-Muslim nations and groups in both civil and international dimensions (page fourteen) and organized it into six chapters. The first chapter explains the concept and extent of protection for minorities in international positive law, and the second chapter details the rights of minorities within the framework of bilateral contracts and political and international treaties. The third through sixth chapters are dedicated, respectively, to the jurisprudential examination of the dhimma contract, the responsibilities of the parties, especially the financial obligation of jizya and [[taxation|kharaj]], the duties of the Islamic community towards its allies, and the termination and breach of the dhimma contract. | Amid Zanjani wrote the book *Rights of Minorities* to provide a jurisprudential explanation of the relations and interactions of the Dar al-Islam with non-Muslim nations and groups in both civil and international dimensions (page fourteen) and organized it into six chapters. The first chapter explains the concept and extent of protection for minorities in international positive law, and the second chapter details the rights of minorities within the framework of bilateral contracts and political and international treaties. The third through sixth chapters are dedicated, respectively, to the jurisprudential examination of the dhimma contract, the responsibilities of the parties, especially the financial obligation of jizya and [[taxation|kharaj]], the duties of the Islamic community towards its allies, and the termination and breach of the dhimma contract. | ||
===About the Author=== | ===About the Author=== | ||
[[Abbasali Amid Zanjani]] (1316-1390 SH), the author of the book, was a mujtahid, jurist, university professor, and political science researcher. He studied in the seminaries of Qom and Najaf under masters such as [[Sayyid Hossein Borujerdi]], [[Sayyid Ruhollah | [[Abbasali Amid Zanjani]] (1316-1390 SH), the author of the book, was a mujtahid, jurist, university professor, and political science researcher. He studied in the seminaries of Qom and Najaf under masters such as [[Sayyid Hossein Borujerdi]], [[Sayyid Ruhollah Musavi Khomeini|Sayyid Ruhollah Khomeini]], [[Sayyid Abul-Qasim al-Khoei]], and [[Sayyid Muhsin al-Hakim]]. Most of his scholarly works are in the field of [[Political Fiqh]], and his most famous work is the ten-volume collection [[Political Fiqh (Book)|Political Fiqh]], which has been reprinted many times. He also had experience in the political arena as a representative in the Islamic Consultative Assembly and the [[Assembly of Experts]]. The books "[[Essentials of Political Fiqh (Book)|Essentials of Political Fiqh]]" and "[[An Introduction to Political Fiqh (Book)|An Introduction to Political Fiqh]]" are among his other works in the field of political fiqh. | ||
==Comparison of Minority Rights in Islamic and Non-Islamic Policies== | ==Comparison of Minority Rights in Islamic and Non-Islamic Policies== | ||
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==Obligatory Duties of the Islamic Community Towards the Ahl al-Dhimma== | ==Obligatory Duties of the Islamic Community Towards the Ahl al-Dhimma== | ||
In the fifth chapter, Amid Zanjani examines the responsibilities of the Islamic community regarding the dhimma contract, dividing them into obligatory, optional, and prohibited duties (p. 134). He lists the obligatory responsibilities as follows: | In the fifth chapter, Amid Zanjani examines the responsibilities of the Islamic community regarding the dhimma contract, dividing them into obligatory, optional, and prohibited duties (p. 134). He lists the obligatory responsibilities as follows: | ||
{{column| | {{column|3}} | ||
# Comprehensive protection; complete support and protection of the life, property, and honor of the dhimmis, just like Muslim citizens, is the responsibility of the Islamic state (p. 136). | # Comprehensive protection; complete support and protection of the life, property, and honor of the dhimmis, just like Muslim citizens, is the responsibility of the Islamic state (p. 136). | ||
# Religious freedom; from the perspective of Islam, in addition to freedom in performing their religious rituals, dhimmis can freely discuss religious beliefs with Muslims within the framework of reason and argument (pp. 142-164); so that, depending on the type of contract, they can enjoy greater freedoms, such as establishing new religious places or organizations (p. 166). Of course, this freedom and this dhimma contract are nullified by the apostasy of minorities to a religion other than Islam (p. 168). | # Religious freedom; from the perspective of Islam, in addition to freedom in performing their religious rituals, dhimmis can freely discuss religious beliefs with Muslims within the framework of reason and argument (pp. 142-164); so that, depending on the type of contract, they can enjoy greater freedoms, such as establishing new religious places or organizations (p. 166). Of course, this freedom and this dhimma contract are nullified by the apostasy of minorities to a religion other than Islam (p. 168). | ||
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# Freedom of social activities; based on the logic of Islam and the Quran, cooperation and participation between Muslims and non-Muslims with the aim of the growth and happiness of human society is legitimate at the national and global levels (pp. 251-259). | # Freedom of social activities; based on the logic of Islam and the Quran, cooperation and participation between Muslims and non-Muslims with the aim of the growth and happiness of human society is legitimate at the national and global levels (pp. 251-259). | ||
{{end}} | {{end}} | ||
==Impermissible Conditions in the Dhimma Contract== | ==Impermissible Conditions in the Dhimma Contract== | ||
In the remainder of the fifth chapter of the book, Amid Zanjani, within six general principles, explains the prohibited obligations that Muslims should not accept in the dhimma contract (p. 267): | In the remainder of the fifth chapter of the book, Amid Zanjani, within six general principles, explains the prohibited obligations that Muslims should not accept in the dhimma contract (p. 267): | ||
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# Breach of the dhimma contract by the committed minorities: According to the principle of the necessity of fulfilling the covenant, which is accepted by all nations and religions, the breach of the contract by the committed religious groups is also a crime and an unforgivable betrayal (p. 307). From the perspective of jurists, non-payment of the financial obligation of jizya, refusal to accept the judicial rulings of Islam, and armed rebellion against Muslims certainly entail the breach of the dhimma contract (p. 308). Also, the apostasy of the People of the Book is considered an indirect breach of the dhimma contract (p. 309), but other violations and crimes are not considered a breach of the dhimma pact, and only the prescribed punishments are enforced; violations such as assault on the honor or property of Muslims, espionage for the enemy, insulting the Prophet (a) and the infallible Imams (a), public display of forbidden acts and Islamic prohibitions, and building new temples (p. 308). | # Breach of the dhimma contract by the committed minorities: According to the principle of the necessity of fulfilling the covenant, which is accepted by all nations and religions, the breach of the contract by the committed religious groups is also a crime and an unforgivable betrayal (p. 307). From the perspective of jurists, non-payment of the financial obligation of jizya, refusal to accept the judicial rulings of Islam, and armed rebellion against Muslims certainly entail the breach of the dhimma contract (p. 308). Also, the apostasy of the People of the Book is considered an indirect breach of the dhimma contract (p. 309), but other violations and crimes are not considered a breach of the dhimma pact, and only the prescribed punishments are enforced; violations such as assault on the honor or property of Muslims, espionage for the enemy, insulting the Prophet (a) and the infallible Imams (a), public display of forbidden acts and Islamic prohibitions, and building new temples (p. 308). | ||
{{end}} | {{end}} | ||
[[Category:Books on Political Fiqh in Persian]] | [[Category:Books on Political Fiqh in Persian]] | ||
[[Category:Books by Abbasali Amid Zanjani]] | [[Category:Books by Abbasali Amid Zanjani]] | ||
[[category:book review]] | [[category:book review]] | ||
[[fa:حقوق اقلیتها (کتاب)]] | [[fa:حقوق اقلیتها (کتاب)]] | ||