Engaging on nationality status of non-Muslims: a maqasid-based approach

Haneef, Sayed Sikandar Shah (2010) Engaging on nationality status of non-Muslims: a maqasid-based approach. pp. 1-17.

PDF (Engaging on nationality status of non-Muslims) - Published Version Restricted to Repository staff only Download (157kB) | Request a copy

Abstract

The non-Muslims resident of a Muslim state was accorded a special kind of citizenship known dhimmah in the past. Under this designation non-Muslims enjoyed full protections under the law in spite of constant state of hostilities between Dar al-Islam and Dar al-Harb. With the demise of Islamic Caliphate System after the First World War and constitutional collapse of the underlying principles behind dhimmah, its retention or redefinition became a subject of intense polemics among the legal scholars. By and large, the discourse followed two trends: traditional and reformist. The former regards this issue as permanently fixed, as detailed by classical jurists, while the latter views it as historically conditioned and thus changeable part of the Shari'ah. Practically modern Muslim states today accord equal citizenship to both their Muslim and non-Muslim population. At the academic level, however, this issue still seems unsettled. Even some leading contemporary thinkers, hesitate to engage with the issue in question beyond the traditional paradigm. Accordingly, this paper attempts to stimulate academic discussion on the issue which may somewhat contribute to the emergence of some kind of consensus among the jurists in future forums.

Item Type:	Article (other)
Additional Information:	3049/6879
Uncontrolled Keywords:	non-Muslim status
Subjects:	K Law > KBP Islamic Law > KBP1 Islamic law.Shariah.Fiqh > KBP173.25 Islamic law and other disciplines or subjects
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Kulliyyah of Islamic Revealed Knowledge and Human Sciences > Department of Fiqh and Usul al-Fiqh
Depositing User:	Prof. Sayed Sikandar Shah Haneef
Date Deposited:	12 Dec 2011 09:48
Last Modified:	13 Mar 2012 13:59
URI:	http://irep.iium.edu.my/id/eprint/6879

Actions (login required)

View Item