Rights of Minorities (book)

Book Information
Author	Abbasali Amid Zanjani
Style	Analytical
Language	Persian
Volumes	1
Pages	335
اطلاعات نشر
Publisher	Daftar-e Nashr-e Farhang-e Eslami (Office for the Publication of Islamic Culture)

Author: Mehdi Khosravi Sarshaki

Rights of Minorities is the title of a book by Abbasali Amid Zanjani in the field of Political Fiqh, which examines the rights of religious minorities within the framework of Islamic jurisprudence and international law. By historically examining the status of minorities in different eras, the author explains the concept of contractual citizenship in Islam and introduces the dhimma contract as a pact for peaceful coexistence between Muslims and non-Muslims.

Abstract

In this book, while emphasizing the principle of peace and the necessity of fulfilling covenants in Islam, the jurisprudential rulings of the dhimma contract, its pillars and conditions, and the obligations of the contracting parties are examined. Citing Islamic sources, the author shows that the dhimma contract is a type of bilateral pact with specific conditions, wherein minorities pay the jizya in exchange for services provided by the Islamic state (neither as punishment nor humiliation); services such as security of life, religious freedom, and judicial independence. From a jurisprudential perspective, concluding this contract is solely within the authority of the legitimate religious ruler and is conditional upon observing Islamic standards, such as not violating sovereignty or promoting vice.

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 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 kharaj, the duties of the Islamic community towards its allies, and the termination and breach of the dhimma contract.

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 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, 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" and "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

In the first and second chapters of the book, Amid Zanjani explains the rights of minorities in Islamic and non-Islamic policies.

Disregard for Minority Rights in Non-Islamic Policies

The author analyzes the rights of minorities in the non-Islamic legal system in two periods:

The era of governments based on race and religion: This period, which predates the establishment of the United Nations, saw minorities (foreigners) deprived of racial and official religious rights, except in rare cases. Jewish governments before the advent of Christ, which were among the strictest racial and religious systems, treated non-Jews like animals. The story of the life of Christ and the apostles illustrates some of these behaviors by Jewish governments (pp. 7-8).

The era of the rule of law: This period began after World War II with the establishment of the United Nations. Although during this time the UN paid attention to some fundamental human rights and freedoms, and the Commission on Human Rights and the Sub-Commission on Prevention of Discrimination and Protection of Minorities were formed, the international problem of minorities remained unresolved (p. 14). Overall, the rights of minorities in the constitutions of countries are a function of the political conditions and interests of states, and the rights of foreigners are disregarded in the face of domestic and international policies (p. 16).

Protection of Minority Rights and Peaceful Coexistence in Islamic Fiqh

In the second chapter, the rights of minorities in Islamic jurisprudence are examined within the framework of bilateral contracts, alliances, and pacts. The author considers the concept of citizenship and nationality in Islam to be based on belief and voluntary matters, not on the material elements of soil and blood (p. 23). According to him, every individual, by accepting faith, which is a type of voluntary pact, officially becomes a member and citizen of the Islamic community (p. 24); therefore, within the Islamic community, issues such as minorities, discrimination, or racial problems do not arise, and any imaginary privilege is rejected and condemned (p. 25). Non-Muslims (Jews, Christians, and Zoroastrians) can also, by observing specific conditions and through a bilateral contract (dhimma), ally with Muslims and become members of the Islamic community and contractual citizens of the Islamic ummah (p. 25). Amid Zanjani then explains the nature and legal value of contracts and international treaties in Islamic law, substantiating it with Islamic verses and narrations (pp. 35-38).

The author, referring to a part of the Covenant of Malik al-Ashtar regarding the necessity of loyalty to a pact with an enemy (p. 39), introduces peace and coexistence as the most fundamental basis of international relations in the view of Islam (p. 40). To support his view, he cites verses from the Quran (pp. 41-42). According to him, to prevent deception in pacts, Islam has emphasized the principle of clarity in treaties, as seen in the practice of the Prophet (s) and Imam Ali (a). This is while in international law, with the neglect of this principle, extensive discussions on the interpretation of contracts have arisen (pp. 43-44). The safeguarding of pacts by Muslims and vigilance against enemy conspiracies are other Islamic principles in these pacts (p. 45).

Jurisprudential Foundations of the Dhimma Contract: Freedom, Obligations, and Limitations

In the third chapter of the book, Amid Zanjani analyzes the nature of the dhimma contract. He introduces this contract with the title "Pact of National Unity" because this contract creates a kind of national unity and solidarity, as well as cooperation between the Islamic community and non-Muslim groups within the territory of the Islamic government (p. 57). In explaining the foundations of the dhimma contract, the author points to the following:

Freedom of action in signing and terminating the dhimma contract; non-Muslims are free to accept the dhimma contract, and no law can compel them. The right is also reserved for the dhimmis to terminate this contract by their own will and choice and to leave the Islamic territory (p. 58).
The necessity for Muslims to accept the dhimma pact; if the People of the Book desire peace and the conclusion of the dhimma contract, the Islamic state is not permitted to reject their request, and making the dhimma pact becomes obligatory for them. Also, if the People of the Book do not offer peace, Muslims do not have the right to attack them before inviting them to the dhimma contract (p. 60).
The responsibility of the Islamic ruler for the dhimma contract; according to jurists, the responsible authority for concluding the dhimma contract on behalf of the Islamic community is the qualified person of Muslim leadership or his representative. Therefore, the actions of ordinary individuals have no legal value (pp. 61-62).
Ineligibility of non-People of the Book for the dhimma contract; Shia jurists have considered the privilege of the dhimma pact to be exclusive to the People of the Book (Jews, Christians, and Zoroastrians) and consider a dhimma pact with non-People of the Book (such as polytheists and atheists) to be incorrect. The author bases this view on Quran 9:29, narrations, and the consensus of jurists (pp. 66-68). However, many Sunni jurists consider all non-Muslim groups of any religion and sect to be eligible for the dhimma contract (p. 70). In explaining the Shia jurisprudential view, Amid Zanjani considers the dhimma contract to be only one of the peace contracts that is specific to the People of the Book, but according to him, the exclusivity of the dhimma contract to the People of the Book does not mean the illegitimacy of other peace contracts with non-People of the Book, and another peace contract can be made with non-People of the Book (p. 72).

Pillars and Conditions of the Dhimma Pact from a Jurisprudential Perspective

In the fourth chapter of the book, Amid Zanjani explains the pillars and conditions of the dhimma contract. According to him, the freedom of the parties and their consent and agreement are the main pillar of the contract (p. 83), and the payment of jizya and respect for the laws of Islam (both Islamic regulations and acceptance of judicial, penal, and social rulings) are its two essential articles (p. 84). After stating the pillars, the author mentions some important conditions that must be included in the dhimma contract, such as refraining from any conspiracy and espionage against Muslims (p. 86). He then refers to some of the conditions that jurists have mentioned in the text of the dhimma contract, including: refraining from illicit sexual relations with Muslim women or proposing marriage to them (pp. 88-91).

The author considers the conditions and articles of the dhimma contract to be non-fixed in quantity and quality and subject to the interests and opinion of the Islamic state (p. 91). He also considers conditions and obligations that would lead to the deprivation of living facilities for minorities or result in an unbearable situation for them as illegitimate conditions, which are inherently void and invalid (pp. 93-94). According to him, based on the principle of justice, the amount of jizya is not fixed and is determined according to the financial proportion of the People of the Book (p. 108). He also considers it necessary for the jizya collection agent to be lenient with the People of the Book (pp. 110-113) and considers some groups to be exempt from paying jizya (pp. 119-126).

Payment of Jizya: Neither Punishment nor Humiliation for Minorities

In the author's view, jizya is not a form of punishment for not accepting Islam. He attributes such a theory (considering jizya as punishment) to malicious or ill-informed individuals. He bases his view on three principles: 1. The consent and agreement of the contracting parties, 2. The negligible amount of the jizya and the necessity of considering minimum living facilities for minorities, 3. The exemption of Muslim allies from any financial, defensive, and military responsibilities (p. 96). Also, according to him, the payment of jizya in Islam is not accompanied by humiliation and degradation and only has a superficial resemblance to compulsion and humiliation (pp. 97-98). In this regard, Amid Zanjani considers the citation of the jizya verse (Quran 9:29) to be incomplete and responds to incorrect interpretations (pp. 98-107).

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:

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).
Freedom of residence and the right to choose a place of residence, except in prohibited areas (pp. 170-172);
Judicial independence; if one of the parties to a dispute is a Muslim, the dhimmis can refer to Islamic judicial authorities to have a judgment issued between them and Muslims based on Islamic rulings and without any discrimination. Also, if the parties to a dispute are from the Ahl al-Dhimma, they can use Islamic courts for litigation, although in the author's opinion, Islamic courts are not obliged to accept the litigation (pp. 178-184).
Freedom of economic activities; including the right to property, freedom of occupations, and economic, commercial, and agricultural activities in compliance with the general principles and policies of Islamic economics, such as the prohibition of usury (pp. 191-203).
Recognition of the civil rights of minorities; minorities who participate in the dhimma contract are not obliged to follow Islamic laws in their civil rights, such as marriage, divorce, apostasy, and inheritance (pp. 204-220).
Moral and social relations of Muslims with minorities; in this section, some moral and jurisprudential issues are discussed, such as expressing friendship with the People of the Book and their purity or impurity (pp. 221-250).
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).

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):

Obligations against sovereignty and independence; the principle of independence and sovereignty of the Islamic community is so important that if threatened, it affects many Islamic rulings, leading to limitations on some individual regulations and the authorization of some prohibited actions (pp. 268-274).
Obligations contrary to the principle of superiority (*al-i'tila'*); based on the principle of superiority (al-Islamu ya'lu wa la yu'la 'alayh), jurists consider any superiority and dominance of non-Muslims over Muslims to be forbidden and apply it as a legal rule in various subsidiary issues (p. 282).
Obligations contrary to the rulings of Islam; such as the freedom of usury, the sale and purchase of alcoholic beverages, and forbidden transactions (pp. 288-289).
Obligations contrary to the provisions of the dhimma contract; for example, the judicial rulings of Islam are effective if one party to the trial is a Muslim, and this cannot be violated by including a condition. Also, the financial obligations of the dhimmis (jizya) are considered unavoidable regulations in the dhimma contract and are not violated by placing another condition (pp. 290-291).
Matters contrary to the principle of freedom of Islamic invitation (*da'wah*); the principle of freedom of Islamic invitation is one of the original goals of the universal religion of Islam (p. 293). Based on this principle, any obligation that prevents the nations of the world from becoming acquainted with Islamic thought and prevents the ideological message of Islam from reaching the ears of the world is, in fact, contrary to peace and coexistence, and Muslims are not allowed to prevent the progress of Islamic logic and thought by accepting obligations (p. 294).
Obligations that violate territorial integrity; the concept of land and territory in Islam has a fundamental difference from its definition in modern law, and the territory of the Islamic government is determined based on ideology, not merely geographical criteria; therefore, the border of the Islamic country and the territorial domain of the Islamic state is the same as the border of belief and the law of Islam, and its preservation and defense should not be violated (p. 295).

Possibility of Unilateral Annulment of the Dhimma Contract by Minorities

In the sixth and final chapter of the book, the termination and breach of the dhimma contract and the provision of its legal enforcement are examined (p. 299). Amid Zanjani considers the necessity of adhering to the dhimma contract as the first legal effect incumbent upon it, which applies equally and without any discrimination to the parties of the contract, namely the minorities and the Islamic state (p. 301). Based on the principle of the necessity of fulfilling the covenant, the breach or termination of the dhimma contract (relieving oneself of responsibility) is forbidden for the parties and is considered a crime, entailing legal consequences (p. 302).

According to the author, the mutual termination of the contract, which is accepted in Islamic jurisprudence as a settled principle under the title of *iqalah*, also applies to the dhimma contract (p. 303). Although the dhimma contract is binding and non-terminable from the side of the Muslims, the minorities can, by leaving the territory of the Islamic government, effectively terminate the dhimma contract unilaterally. However, in such a case, the right to re-reside and benefit from the rights of dhimma will be conditional on a new contract, and if a new contract is not accepted, they must leave the Islamic lands immediately (pp. 303-304).

Jurisprudential Effects of Breaching the Dhimma Contract by the Parties

At the end of the sixth chapter, the author explains the effects of breaching the dhimma contract, distinguishing between a breach by each of the parties (Muslims or the committed minorities).

Breach of the dhimma contract by Muslims: The breach of a valid and correct dhimma contract by any Muslim individual or Islamic authority is a great sin and crime (p. 305). If the contract is breached by Muslims, the Islamic state, due to its inability to fulfill the obligations of the dhimma contract, is obliged to return the collected jizya (p. 306).
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).