The Position and Rights of Kafir Dhimmis Under The Islamic Criminal Law

Abstract

This study attempts to discuss the position of dhimmis as non-Muslims in an Islamic state. The discussion devotes the position of dhimmis and their rights under the Islamic criminal laws. In this study, dhimmis has been defined in its literal and technical meanings with the ample of direct evidences from the Qur'an, Sunnah and the early companions practices. According to the Islamic perspective, dhimmis are considered as non-Muslim citizens in an Islamic state, who suppose to be given special attention and privileges. Their privilege rights, which should be granted, include internal as well as external rights as they have been enjoyed by Muslims citizens such as political, economics and social rights. This study also presents criminal laws for any blamable deeds done by dhimmis in an Islamic state. It defines crime as a significant and basic aspect of injustice towards dhimmis. The crime is also seen from its types in Islamic criminal laws. Basically three types of crime have been identified for dhimmis such as in the category of qisas, hudud, and ta'zir. These three categories of crime trigger specific form of punishment and its implementation for dhimmis, who committed crime in an Islam state. Finally the writer finds that indeed an Islamic state emphasizes and being responsible in protecting the position of dhimmis and their rights under the Islamic state. Their position and rights are seen from any aspects including an aspect of Islamic criminal laws. In fact this is very obvious that enhancing our deep understanding on Islam state and Islamic laws plays a significant role in granting the prestigious social life.