В.М.Мяммядялийев. Бакы: Гисмят, 2004, 607 с.
Müqəddəs kitab, Əhdi-Ətiq və Əhdi Cədid. Bakı: Müqəddəs kitab
Moskva: 2003, 519 s.
Balcı Ramazan. Əbu Hureyre. İstanbul: Nəsil, 2006
Buhari. “Səhihi Buhari”, Muhtasarı Tecridi Sarih. terc. Abdullah Feyzi
6. Эцненъ Щалил. Бцйцк Шафии илмищали. Истанбул: Илм йайым еви, н.и.й.,513 с
7. İbn Mace. ”Sünən”. İstanbul: Çağrı neşriyyat, 1992, ,462 s.
8. İbn Rüşd, Bidayətul Müctəhid tər.Ahmed Meylani, İst.1991,IV,1961
Карадави Йусиф. Ислам щукуку. Истанбул, 1999, 230 с.
Karslı İbrahim H. Kuran yorumlarında kadın. Rağbet nəşriyyatı, İstanbul-
Mustafa Fayda. TDV İslam Ansiklopedisi. ”Aişe” maddəsi, İst. 1989
Şerif Muhammed (cev. Ahmet Özberk) İslamda ve başka dinlerde kadın.
Əbu Davud, “Sünen” Çagrı nəşriyyatı, İstanbul: 1992,
Əl-Qurtubi Abdullah Məhəmməd bin İsmayıl. Əhkam əl – Quran. Beyrut,
Əş-Şökani Məhəmməd bin Əli Muhəmməd. Neyləl-əvtar. Qahirə. N.İ.Y.
Əş – Şafii. Əl umm. Beyrut.1973
İslam hüququnda miras ölünün özündən sonra qoyduğu və mirasçılarına çatacaq
ölünün cənazə xərclərinin ilk haqıdır. İslam hüququnda vəsiyyətin məşru olmağı
Qurani-Kərimə, sünnətə və icma dəlilinə əsaslanır.Vəsiyyətin hökmünü dünyalıq və
axirətlik olaraq iki yerə ayırmaq olar. Vəsiyyət yalnız vəsiyyət edən insanın
ölümündən sonra, onun borcları ödəndikdən sonra icra edilə bilər.
В исламском праве наследством считается то, что оставляет после себя
имущества покойного. Далееследуют права тех, кому был должен покойный,
права лиц, кому по своей воле завещал покойный и, наконец,
праванаследников. В исламе завещать имущество для владельца считается
обязательным. Завещание можно подразделить на мирское и загробное.
Примером мирскоо завещания является хадж, загробного – имущество.
In Islamic law inheritance is things that the deceased leave to the
costs from theproperty of the deceased. Then the rights of people whom the
deceased owed, the rights of people….
Islam is the second major living religion in the world with 1.6 billion followers,
which comprise nearly 23% of the world`s population. Muslims make up a majority
of the population in 49 countries.
There are hundreds of nations within the scope of
ethnic origin, race, nationality and language. The followers of other religions
including Judaism, Christianity, Zoroastrianism and so forth, have lived in Muslim
majority areas or in the Islamic State under the status of “non-Muslims” since that
time. The term “non-Muslim” differs from the modern concept of “minority” in
There is no single and broadly accepted definition of minority at the
international level. The 1
article of The United Nations Minorities Declaration
identity, and provides that States should protect their existence, but it does not
provide internationally agreed definition as to which groups constitute minorities.
Pew Research, (2012), The Global Religious Landscape, retrieved from
United Nations, Minority Rights: International Standards and Guidance for Implementation,
According to a special rapporteur of the UN Sub-Commission on the Prevention
minority is “a group numerically inferior to the rest of population of a state, in a non-
dominant position, whose members -being nationals of the state- possess ethnic,
religious and linguistic characteristics differing from those of the rest of the
population and show, if only implicitly, a sense of solidarity, directed towards
preserving their culture, traditions, religion and language.”
The notion of “number”
central part of the concept “minority” and they are the most vulnerable part of a
According to Kristen Henrard, the author of numerous books on minority, the
two most important reasons for the difficulty to arrive at a generally accepted
definition of the concept “minority ” are the complexity and diversity of the minority
phenomenon and the fear of the states regarding the consequences of the recognition
of minorities (and the ensuing rights). The typical fear of states is that the recognition
of minorities and Minority Rights will lead to an escalation of nationalistic and even
secessionist movements and finally to the break-up of the state.
Islamic equivalent of “Minority” is “Dhimmi” (The Protected non-Muslim), the
of minority on which ethnic, racial, nationalistic and linguistic characters of a society
base. It has selected only the identity of ideas- a thing which depends on the choice
of a man and not the accidents and hazards of birth- as the basic tie of the society and
the factor of union.
So, there is a fundamental difference between the Western-
In this article I examine the Islamic concept of “Minority” that the Prophet
Muhammad and the early Muslim community conceived in the 7
Prophet and adopted by the orthodox caliphs in this period. Thus, I confine my
Francesco Capotorti, Study on the Rights of Persons Belonging to Ethnic, Religious and
Henrard, K, Devising an Adequate System of Minority Protection: Individual Human
Taxation Publishers, p.172.
Hamidullah, M., Introduction to Islam, Ankara 2007, 3th edition, p. 224.
research to the years 622-661 AD, because this period provides a lot of precedents by
Medina constitution is the most vivid example that provides basic principles
with regards to the status of non-Muslim inhabitants in an Islamic State. The Prophet
Muhammad drew up this unique historical document or the first written constitution
of Islamic community soon after his migration to Medina by mutual consent.
This document contains 53 sentences, or, to use legal terminology, sections; and
is an invaluable example of the legal language and the manner of document-writing
of the time. The importance of it has been felt by the European Christians even more
than by the Muslim historians. Besides Welhausen, Mueller, Grimme, Sprenger,
Wensinck, Caetani, Buhl and others, an English historian, in the course of a short
history of the world, has felt it necessary to mention it in considerable detail.
Representatives of different religions used to live in the same city, Medina. It
following problems demanded urgent solution:
Definition of the rights and obligations, his own as well as those of local
Jews, a small number of Christians, and pagan Arabs, all entered into a statal
organism by means of this social contact.
autonomous Jewish villages acceded with their free will to the federal State, and
recognized Muhammad as their supreme political leader, implies that the non-
Muslim subjects possessed the right to vote in the election of the head of the Muslim
State at least in as far as the political life of the country was concerned.
The following articles of the Medina constitution played central roles in
establishing multi-cultural environment, viz:
Hamidullah, M., The First Written Constitution of the World, (1941), p. 4.
Ibid., p. 8.
Hamidullah, Muhammad, Introduction to Islam, p. 227.
Section 2.They (All citizens of Medina) shall constitute a separate political unit
Section 25.And the Jews of Banu ‘Awf shall be considered as one political
community (Ummat) along with the believers—for the Jews their religion, and for
the Muslims theirs, be one client or patron. He, however, who is guilty of oppression
or breach of treaty, shall suffer the resultant trouble as also his family, but no one
Section 40. The clients (mawla) shall have the same treatment as the original
himself break the covenant.
On the one hand, The Prophet did not at all interfere in social and internal affairs
by treaty agreement and other customs were left untouched (25, 31 and 40)
. On the
were guaranteed complete protection with a social and political status not less viable
than what was envisaged for the Muslims. The most significant is the fact that the
non-Muslims who were a party to the Charter were declared as integral part of the
Prophet`s newly conceived polity so long as the remained faithful to its terms.
The term “dhimmi” literally means “protection” and “ahl al-dhimma” refers to
Jews, Christians and others who agree to live in Islamic State. In other words, non-
Muslim citizens of the Islamic state whose protection is guaranteed by the state in
return for paying “Jizyah” are called “dhimmis”
Those who become its subjects after being defeated by the Muslims in a war;
The Prophet Muhammad dedicated the sections of Medina constitution ranging from 25 to
Written Constitution of the World, pp. 37-38.
Hamidullah, Muhammad, The First Written Constitution of the World, pp. 31-40.
Ibid., p. 26.
Ahmad, Z., The concept of Jizyah in Early Islam, Islamic Studies, Vol. 14, No. 4 (1975),
Srakhsi, al-Mabsut, (1993), Beirut, Dar al-Kutub, Vol. 5, p. 31.
Those who are there in the Islamic State in any other way.
The Jizyah is levied only on those who may be admitted into the status of the
idolaters, fire worshipers and all unbelievers.
On the other hand, in accordance with
for more than a year, gains a legal status of “dhimmi” and is subject to pay a tax
for their full protection against enemies and for their exemption from military
services and hence, only non-Muslim adult males were obliged to pay jizyah. Since
the defense expenses of the Islamic State were reasonably high, so, Prophet
Muhammad and the Orthodox caliphs imposed “jizyah” to make non-Muslim males
contribute financially to defense budget.
However, if whosoever from “dhimmis”
affiliated to the army.
All other members of non-Muslim tribes namely poor or low-income adults,
who do not have any fixed sources of income or depend on others for their
livelihood, are completely exempted from jizyah. Similarly the clergy, the monks,
the nuns and the servants of the monasteries are exempt therefrom.
“Jizyah” was a levy that imposed on “Dhimmis” who possess a certain amount
protectorates. The levy, therefore, corresponds to non-Muslims as what “zakah” is to
The amount of Jizyah was to be fixed in accordance with their financial position.
Those who were rich had to pay more, while those who belonged to the middle class
paid less and the least amount was charged to the poor class. According to Islamic
Maududi, A.A., Rights of non-Muslims in Islamic State, KaziPubns Inc. (June 1975), p.10
Aghnides, N.P., Mohammedan Theories of Finance, New York 1916, p. 399.
Keskioglu, O., “Taxation in Islamic Law”, Izmir 1966, p. 38.
Hamidullah, M., The Prophet of Islam, Istanbul, 2003, p. 968.
Abu Yusuf, Kitab al Kharaj, Istanbul, 1973, p. 200.
Peerzade, S.A., Jizyah: A Misunderstood Levy, JKAU: Islamic Economy, Vol. 23, No. 1,
200 dirhams, but less than 10,000 dirhams belongs to the middle class and finally a
person owning less than 200 dirhams is considered as poor.
In the time of the
expenses of an average family for ten days.
However, the least amount of jizyah
per adult male.
In the time of the second Islamic Caliph Umar, the non-Muslim subjects divided
pay 1 to10 dinars per head
, “merchants” who had to pay 24 dinars per head and
Umar`s second regulation with regards to jizyah was his exemption
. It allows us to
However, according to one account, total amount of jizyah that collected during the
times of the Prophet was (1,56,010) dirhams
In return for paying the jizyah the non-Muslim inhabitants of the Islamic state
possessed some legal rights. The acceptance of the jizyah establishes the sanctity of
their lives and property, and thereafter neither the Islamic state, nor the Muslim
public has any right to violate their property, honor or liberty.
properties and their heirs have full rights of inheritance in it. They possess full
powers of sale, transfer, grant and mortgage in respect of all such properties and the
Aghnides, N.P., Mohammedan Theories of Finance, New York 1916, p. 403
Hamidullah, M., Introduction to Islam, p. 229.
It was found that the actual historical standard for the dinar to be 4.5gm of pure gold.
Abu Yusuf, Kitab al Kharaj, pp. 126, 200.
Yadav, T. P., The Myth of Jizyah, Journal of Indian Research, April-June, 2013, Vol. 1,
No. 2, p.34.
Hasan, S.M., The Economic Functions of the Early Islamic State, International Islamic
Maududi A.A., Rights of non-Muslims in Islamic state, KaziPubnsInc (1975), p.12
In other words,
obligations of Islamic state and non-Muslims were written down, the Prophet
Muhammad assured the other parties of the contract that their lives, properties,
religions and temples would be under protection by the following statements:
This is a guarantee of security from God and his Messenger,
For you are the protection of God and the protection of His Messenger
Muslim tribes, but also urged his successors and Muslims to obey the rules of these
agreements. A prophetic tradition is quoted in this regard:
“Beware! Whoever is cruel and hard on a non-Muslim minority, curtails their
against their free will; I (Prophet Muhammad) will complain against the person on
the Day of Judgment.”
The same approach was adopted by the second caliph of Islam, Umar to the non-
Muslim subjects of the state. He warns his successors about dhimmis saying: “
advice my successor to fulfill the contract of the non-Muslim citizens who are under
arises and not to burden them with more than they can bear
According to the Islamic law, the non-Muslim inhabitants who settle in the
Islamic State enjoy the privileges granted by the State. For instance, those dhimmis
who are afflicted by disease that left them disabled, or were severely injured in
Ibid., p. 11.
See, for example, Hamiduallah, M., al-Majmua al-Wathaaiq al-Siyasiyya, Beirut 1985, pp.
Abu Dawood, Sunan, The Book of Kharaj 23, hadith no. 2654.
Bukhari, al-Sahih, al-Manaqib, 31, hadith no. 3424; Abu Yusuf, Kitab al-Kharaj, p. 205.
of others in terms of living, are not only exempted from Jizya, but were entitled to
help from the State Treasury (Beyt al-Mal)
refuses to pay the jizya or kills an innocent Muslim or abuses the Holy Prophet or
attacks the honor of a Muslim woman, and yet these will not disqualify him from the
status of “dhimmi” and he will not considered to have lost his right of protection.
However, if non-Muslims commit the following two crimes, it will deprive them of
In accordance with Islamic law, all personal matters of the Dhimmi are to be
decided in accordance with their Personal Law. The corresponding laws of Shariah
are not to be enforced on them. If anything prohibited for Muslims in their Personal
Law, but the same is not prohibited to the Dhimmis by their religion, they will have
the right to use that thing and the courts in the country will decide their cases in the
light of their Personal Law. For instance, marriage without witnesses and without
fixation of Mehr (dower money) will be allowed to stand. Similarly, dhimmis are
exempted from punishment for adultery and drinking wine, while it is prohibited for
Muslims. On the other hand if a Muslim spoils of a wine of a dhimmi, or harms his
pigs, he will have to pay for them.
traders on trade goods of the value of 200 dirhams or more or if they own 20
mithqals (equal to 85 grams) or more of gold
religious obligation freely. The orthodox caliphs of Islam upheld this freedom
thorough their tenure and did not destroy any of the existing churches, synagogues
and other sanctuaries. It astonished the Umayyid caliph, Umar bin Abd al-Aziz that
why so much religious liberty had been given to non-Muslim inhabitants by his
Abu Yusuf, Kitab al-Kharaj, p. 232.
Kasani, A.E., Badai as-Sanai, Beirut (1997), Vol. 7, p. 336
Maududi A.A., Rights of non-Muslims in Islamic state, p. 15.
Abu Yusuf, Kitab al-Kharaj, p. 216.
it. The answer of this jurisprudent was that, the status given them in the state was due
to the jizya they paid. He advised the caliph that he should keep firm to what his
predecessors had done in this respect
It is worth mentioning that Muslims do not have the right to confiscate the
worship were left as they were. They were neither destroyed, nor the conqueror had
the right to deprive these places of worship of their goods or properties.
As it was mentioned above, Dhimmis have been exempted from military
services as well, since it is Muslim population`s accountability to defend the state
against the enemies. Jizyah is not only loyalty to the state but it is also the
contributory compensation for exemption from military service. Whenever Muslims
felt unable to protect the non-Muslim minorities they gave the jizya back to non-
For instance, at the time of the Battle of Yermuk in 634, when the
Romans gathered huge armies to fight against Muslims and the Muslims had to
forego their occupation of most of the towns of Syria in order to concentrate a single
point. Abu Ubeydah, the Commander, ordered his treasury officer to refund the
jizyah that collected from Syrian Christians and to inform them that Muslims were
unable to protect them
. Hence, many non-Muslim inhabitants, including Christian