Special courts for non-Muslims and its jurisdiction(An Introduction to the comparative study of conflict of laws in positive law, Islamic law and jurisprudence)

Document Type : Research Paper

Author

Assistant professor in department of law, Research Institute of Hawzah and University

Abstract

Dar al-Islam's population consists of Muslims (majority), the people of the dhimma (non-Muslim citizens of an Islamic state known as the minority) and Al-musta'min (an Islamic classification for a non-Muslim foreigner that enters Muslim lands for less than a year and is legally protected by the Muslim authority). The fact that public courts of Islamic states have the jurisdiction to deal with the legal disputes of non-Muslim foreigners and minorities is not controversial. But, the debate is whether minorities in an Islamic state, which are religiously distinct from Muslims, can have special and exclusive courts. The assuming response is positive, do these courts have the jurisdiction to investigate the foreigners' lawsuits or at least legal disputes of those groups of foreigners who have the same religion with the minority? The present research paper, with reviewing the evidences and relevant legal texts and assuming a positive answer to the above mentioned questions has shown the international jurisdiction of public courts of the Islamic states as a precondition for the realization of the system of conflict resolution of rules in Islamic law and jurisprudence.

Keywords

Law Quarterly
Volume 44, Issue 3 - Serial Number 3
October 2014
Pages 345-361

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