Saudi Journal of Humanities and Social Sciences (SJHSS)
Volume-3 | Issue-12 | 1407-1415
Review Article
Dhimmi and the Assumption of Leadership of Muslim Countries: A Comparative Study with the Palestinian Law
Ahmad Bin Muhammad Husni, Yusuf 'Atiyyah Keleibi, Anwar Fakhri Omar, Muhammad Yosef Niteh
Published : Dec. 30, 2018
Abstract
This study examines the extent of eligibility of dhimmi to assume the
leadership of an Islamic country. The problem of the study lies in removing the
requirement of Islam in the head of a Muslim country; and the extent of the eligibility
of members of non-Muslim minorities to hold this office. I wanted from this study to
explain the Shariah view and look into authorities of each opinion; and additionally,
the position of the Palestinian law for a non-Muslim to lead a Muslim country. The
aim of looking at these authorities and discussing them is to reach to the Islamic view
which is in line with the Shariah provisions, and to explain the extent upon which the
Palestinian law has granted religious minorities this right. The study adopts inductive
approach in getting the opinions and authorities; and the study then follows the
analytical approach in analyzing these views and authorities and came out with
comfortable strong evidence. I started by explaining the nature of Islamic political
system and that it is discretionary branch of Shariah. The study further addressed
views on the ruling of leadership of dhimmi in Islamic countries, which ranged
between two views: The first view and the holders are the vast majority of scholars
and thinkers; they say it is prohibited. And the second opinion which is the view of
some contemporary thinkers and scholars where they say dhimmi is allowed to lead
Muslims. And after studying both views and their authorities the study preferred the
prohibition of leadership of non-Muslim on Muslims, and this is based on the
principle of justice and there is no violation of values, principles and foundations of
citizenship. Finally, the Palestinian Basic Law does not require specific religion for
the presidential candidate of the state.