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Imam Serahsi's View on Minority Rights

Journal: The Journal of Near East University Faculty of Theology (Vol.5, No. 2)

Publication Date:

Authors : ;

Page : 257-286

Keywords : Islamic Law; Zımmi; Muste’men; Human Rights; Minority Rights; The Constitution of Medina;

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Abstract

Like the other modern judicial system there isn't “minority” term in Islamic Law. Instead of this insulting and impolite using/understanding of “minority”, Islamic Law gives place to “zımmi” and “muste'men” for this conseption. Zımmi means a citizen who is entitled to ‘be a citizen' by the contract and is guarenteed the whole rights' by goverment/ Darulislam. And muste'men is a foreigner whose rights secured by the way of “eman/security”. Either “zımmi” or “muste'men” have their religious and judicial rights. Even though the contradiction between Islamic Law and the judicial system of them, they could exploit their law of interia/ national law independently.

Last modified: 2020-03-15 05:03:01