ShamelaTranslate
بحث
تسجيل الدخول
ShamelaTranslate

© 2026 ShamelaTranslate. مشروع علمي مفتوح الوصول.

حولتواصلتبرّعبيانات النشرالخصوصيةشروط الاستخدامحق الانسحابإلغاء اشتراك
المغني لابن قدامة - ت التركي
مجلد 13 · صفحة 250فصل

الترجمة · EN

Section: If a group from the people of the Dhimmah violates the covenant, it is permissible to wage war against them and kill them. If some of them violate it but others do not, the ruling of violation is specific to the violator, not the others. If they have not violated it, but violation is feared from them, it is not permissible to revoke their covenant; because the Dhimmah contract is for their benefit, as evidenced by the fact that the Imam is obligated to grant it to them upon their request, unlike the contract of safety (aman) or the truce (hudnah), for that (4) is for the benefit of the Muslims, and because the Dhimmah contract is more established, as it is perpetual and a mutual exchange. For this reason, if some of the people of the Dhimmah violate the covenant while others remain silent, their silence does not constitute a violation, whereas in the case of a truce contract, it would constitute a violation.

Section: Once he establishes the Dhimmah, he is obligated to protect them from the Muslims, the people of the Abode of War, and the people of the Dhimmah, because he has committed through the covenant to safeguarding them. This is why Ali, may Allah be pleased with him, said: "They have only given the jizya so that their wealth may be like our wealth, and their blood like our blood (5)." And Umar, may Allah be pleased with him, said in his testament to the Caliph after him: "I advise him to treat the people of the Dhimmah of the Muslims well, to fulfill their covenant, and to fight (6) on their behalf (7)."

Section: If a Muslim and a Dhimmi have a dispute and bring it to us, judgment between them is mandatory, because it is our duty (8) to protect the Dhimmi from the injustice of the Muslim, and to protect the Muslim from him. If some of them (the Dhimmis) have a dispute among themselves, or if some of them seek judgment against others, the ruler (9) is given the choice between judging between them or refraining (10) from doing so, due to the word of Allah the Almighty: "So if they come to you, judge between them or turn away from them" (11). If he judges between them, he shall only judge by the laws of Islam, for the word of Allah the Almighty says: "And if you judge, judge between them with justice" (12). The Almighty also says: "And judge between them by what Allah has revealed, and do not follow their whims."

الحواشي

(4) Omitted from M. (5) Previously mentioned on page 49. (6) In B and M: "yuhat" (guarded). In Sahih al-Bukhari and Sunan al-Bayhaqi: "wa yuqatil" (and fight). (7) Recorded by al-Bukhari, in: The Chapter of Fighting on Behalf of the People of Dhimmah and They Shall Not Be Enslaved, from the Book of Jihad and Expeditions. Sahih al-Bukhari 4/84. And by al-Bayhaqi, in: The Chapter on the Testament to the People of Dhimmah, from the Book of Jizya. Al-Sunan al-Kubra 9/206. (8) In M: "'aliyan". (9) In A: "al-imam". (10) In M: "wa al-i'rad". (11) Surah al-Ma'idah, 42. (12) Surah al-Ma'idah, 42.

السابقمجلد 13 · صفحة 250التالي
السابق13·250التالي