Non-Muslims under Islamic

Jurisdiction in the Islamic State

Dr. Osman J. Damerieh

University of Sharjah

Sharjah U.A.E

ABSTRACT

The general principle in Islamic Shari'a is that its rules apply to all people living in dar al Islam (territory ruled by Islamic law), both Muslims and non-Muslims. This principle is in agreement with the laws of sovereignty that should be imposed upon all citizens living in its lands or regions. The dhimah (or protection) of non-Muslims living near a legal center might differ only with regard to certain matters or issues. It is important, however, to determine the extent to which all are subject to Islamic law, especially at a time when relations are growing between peoples and nations, Muslims are mixing more and more with non-Muslims, and trade is increasing between Muslims and non-Muslims in various Islamic countries and regions.

This study consists of an introduction, four areas of focus, and a conclusion. Included in the study are discussions on the nature of the da'wah (Islamic call), the bases for relations with the non-Muslims, the submission of non-Muslims to fiqh (Islamic law) during the time of the Prophet Muhammad (PBUH) and his successors, the extent to which those protected are subject to Islamic law, and what is required of contemporary legislation.