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

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 Caliph...

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Main Author:	Haneef, Sayed Sikandar Shah
Format:	Article
Language:	English
Published:	World League Organisation 2010
Subjects:	KBP173.25 Islamic law and other disciplines or subjects
Online Access:	http://irep.iium.edu.my/6879/ http://irep.iium.edu.my/6879/ http://irep.iium.edu.my/6879/1/Engaging_on_nationality_status_of_non-Muslims-_a_maqasid-based_approach.pdf

id	iium-6879
recordtype	eprints
spelling	iium-68792012-03-13T05:59:23Z http://irep.iium.edu.my/6879/ Engaging on nationality status of non-Muslims: a maqasid-based approach Haneef, Sayed Sikandar Shah KBP173.25 Islamic law and other disciplines or subjects 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. World League Organisation 2010 Article PeerReviewed application/pdf en http://irep.iium.edu.my/6879/1/Engaging_on_nationality_status_of_non-Muslims-_a_maqasid-based_approach.pdf Haneef, Sayed Sikandar Shah (2010) Engaging on nationality status of non-Muslims: a maqasid-based approach. pp. 1-17. http://www.world-dialogue.org/MWL/minority/C1430-M04-2.pdf
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English
topic	KBP173.25 Islamic law and other disciplines or subjects
spellingShingle	KBP173.25 Islamic law and other disciplines or subjects Haneef, Sayed Sikandar Shah Engaging on nationality status of non-Muslims: a maqasid-based approach
description	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.
format	Article
author	Haneef, Sayed Sikandar Shah
author_facet	Haneef, Sayed Sikandar Shah
author_sort	Haneef, Sayed Sikandar Shah
title	Engaging on nationality status of non-Muslims: a maqasid-based approach
title_short	Engaging on nationality status of non-Muslims: a maqasid-based approach
title_full	Engaging on nationality status of non-Muslims: a maqasid-based approach
title_fullStr	Engaging on nationality status of non-Muslims: a maqasid-based approach
title_full_unstemmed	Engaging on nationality status of non-Muslims: a maqasid-based approach
title_sort	engaging on nationality status of non-muslims: a maqasid-based approach
publisher	World League Organisation
publishDate	2010
url	http://irep.iium.edu.my/6879/ http://irep.iium.edu.my/6879/ http://irep.iium.edu.my/6879/1/Engaging_on_nationality_status_of_non-Muslims-_a_maqasid-based_approach.pdf
first_indexed	2023-09-18T20:16:03Z
last_indexed	2023-09-18T20:16:03Z
_version_	1777407794180259840

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

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