📜 Understanding Ẕimmīs: Wills and Bequests in Islamic Law for Jews and Christians

Explore the intriguing concept of Ẕimmīs, non-Muslim citizens under Islamic governance, and the complexities surrounding wills and bequests for Jews and Christians. Learn about Islamic legal principles that govern these matters.

Definition

Ẕimmīs

Ẕimmīs (Arabic: ذمي) refers to non-Muslims living under Muslim rule who, in return for paying a tax (jizyah), are granted protection and certain rights within an Islamic state.


Etymology

The term “Ẕimmī” comes from the Arabic root “ḏ-m-m” which implies ‘protection’ or ‘pact.’ Historically, Ẕimmīs were granted safety and freedom of worship in return for their contribution to the Muslim state, exemplifying early interfaith relations.


Islamic jurisprudence classifies non-Muslims under a special category known as Ẕimmīs. Their religious practices, properties, and societal roles are regulated to a certain extent by Islamic law (Sharia). One specific area of interest is the treatment of their wills and bequests.


Cultural Differences and Similarities

Intra-Abrahamic Relations

While Jews and Christians hold distinctive theological doctrines, their status as “People of the Book” earns them particular protections and considerations under Islamic law. This reflects a spirit of interfaith understanding within the Abrahamic tradition, despite differing religious laws governing estate planning.


Synonyms and Antonyms

Synonyms

  • ahl al-dhimmah (أهل الذمة)
  • non-Muslim residents

Antonyms

  • hostīle infīdel (enemy combatants or antagonistic non-believers)
  • heretic

Jizyah

The tax levied on non-Muslims in Islamic states, offering them protection and freedom to practice their own religions.

Shurut

Conditions and stipulations within Islamic jurisprudence that apply to various legal matters, including the execution of wills and bequests.

Apostasy (Ridda)

Leaving Islam publicly, which has implications for one’s legal rights, including the validity of a will.


Engaging Facts

  1. “Ẕimmīs were integral to Islamic culture”: The societal inclusion of Jews and Christians contributed greatly to fields like sciences, medicine, and philosophy.
  2. “Legislative Ambiguities”: There are nuanced differences in how various Islamic schools of thought, such as Hanafi, Maliki, Shafi’i, and Hanbali, handle the wills of Ẕimmīs.

Quotations

“The protection granted to the dhimmis is total and guaranteed, ensuring freedom and safety under the divine law.” – Ibn Qayyim al-Jawziyya


Further Studies and Literature

  1. “Islam and the Dhimma: An Examination into the Non-Muslim Policy in Islamic Law”

    • by Abdullah Yusuf Ali, 1947
  2. “The Dhimmi: Jews and Christians Under Islam”

    • by Bat Ye’or, 1985
  3. “The Concepts of Dhimma and Jizyah as Theoretical Politics”

    • Majid Khadduri, 1973
  4. “State and Government in Medieval Islam: An Introduction to Muqaddimah”

    • Ibn Khaldun, 1377 (translated by Rosenthal, 1958)

### Which document dictates how a Ẕimmī can make a bequest? - [x] Sharia (Islamic Law) - [ ] Canon Law - [ ] Talmud - [ ] Code of Hammurabi > **Explanation:** Islamic jurisprudence under Sharia law outlines the rules and regulations for Ẕimmīs making wills and bequests. ### True or False: The will of a female apostate remains valid under Islamic law. - [x] True - [ ] False > **Explanation:** Islamic jurisprudence retains the validity of the will of a female apostate, distinguishing it from a male apostate's will, which is invalidated. ### What tax do Ẕimmīs pay under Islamic governance for protection? - [x] Jizyah - [ ] Zakat - [ ] Khums - [ ] Ushr > **Explanation:** Jizyah is the tax levied on non-Muslims, providing them protection and freedom to practice their religion under Islamic rule.

In your cultural and spiritual explorations, may you find common ground and wisdom in every tradition, fostering peace and understanding among all.

Respectfully, Zakariya ibn Sharif October 03, 2023

Sunday, June 16, 2024

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