Özet:

Dhimmīs are non-Muslim citizens of the Islamic country. Citizenship is acquired by the people residing in the country by the way of believing in Islam which is based on the administrative system of the state or by committing to the legitimate state order. In this respect, the citizens of the country consist of Muslims and Dhimmis. However, whether the provisions of Islamic law are applied to Dhimmis who are non-Muslim citizens based on their contracts with the state although they do not believe in Islam bring about some questions and problems both practically and theoretically. These questions and problems become more intensified when the provisions of criminal law come to the agenda. Because, according to the belief of the Dhimmis, some actions that cannot be described as crimes or prohibitions have the nature of crime and prohibition in terms of Islamic law. The security of individuals, the fulfillment of their rights and responsibilities, and the provision of justice are important and fundamental issues that the law pays attention to realize. Considering the historical process, if some partial practices are left aside in Islamic societies, it is seen that Dhimmis live in Islamic countries with their rights in the context of their fundamental rights and freedoms. As quoted in classical Islamic law sources, “Our rights, their rights, our obligations are also their obligations.”

Anahtar Kelimeler: