Abstract:

There is not enough information in the sources about the life of Muhammad b. Ismail al-Aksarâyi. As it is understood from his work called Nihâyat al-su’l wa al-amniyyah fî taallumi a‘mal al-furusiyya, he is an important Hanafi jurist. The author has written the aforementioned book in order to explain the importance of jihad in general, to teach the use of war tools, horse riding, and the legal rules to be followed in war and after war. Among the subjects he dealt with, there are also legal issues such as booty (ganimat), captives, safety (aman), musta'man, renegade (murtad), highwayman (baghi), and dhimmat contract. Aman is a treaty that gives safety of life and property to non-Muslims who want to enter a country under Muslim rule or surrender to the Islamic army. By reason of the fact that the treaty of aman is given by considering an interest (maslahat), it is not considered binding according to Hanafis. If the head of state decides that this contract is not in the interest of the Muslims, he can break this contract. Whether he is a Muslim or a member of another religion, a person who enters another country from his own country for a temporary stay after obtaining security and permission is called musta'man. The musta'man in the Islamic country are under the protection and patronage of the state as a requirement of the security agreement made with them. The protection and patronage of the state provides them with the security of life and property. Therefore, it cannot violate the rights of musta'man in a Muslim country.In this study, we will consider the eman and musta'man parts of Ismail al-Aksarâyî's Nihâyat al-su’l wa al-amniyyah within the framework of the issues mentioned in the author’s book. For this reason, we will not make use of other sources in matters deemed sufficient, and we will be satisfied with the information given in the work.

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