Musta'min
MustaʾmīnorMusta'man(Arabic:مستأمن) is a historicalIslamicterm for anon-Muslimforeigner temporarily residing in Muslim lands withaman,or guarantee of short-termsafe-conduct(aman mu'aqqat), affording the protected status ofdhimmi(non-Muslim subjects permanently living in a Muslim-ruled land) without the payment ofjizya.[1]
Merchants,messengers,studentsand other groups could be given anaman,[1]while foreign envoys and emissaries were automatically protected.[2]
Types of safe-conducts
[edit]The short-term safe-conduct can be personal or general:[3]
- Personalaman(khass) can be granted by any sane and mature Muslim to one or a group of non-Muslim foreigners (harbis).[4]
- Generalaman('amm) can be granted only by thecaliphor his deputy to an unspecified number ofharbis.
The term is valid up to one year for themusta'min,along with his minor children and all the women related to him.[3]Many Hanbalite jurists allowed the period ofamanto one lunar year. Others argued for an indefiniteaman.[2]
Legal rights
[edit]Once given aman, the musta'mins are free to engage in trade and travel. They are allowed to bring their family and children. They have permission to visit anycityin Muslim territory except the holy cities ofMeccaandMedina.A musta'min man is allowed to marry a dhimmi woman and take her back to his homeland; however, musta'min women do not have the same right.[5]The musta'min are subject to civil and criminal law in the territory[4]and may not do or say anything that could be construed as harming the interests of Islam.[6]If caught doing so, the musta'min could be expelled or executed and the aman grantor could also be penalized.[6]
See also
[edit]References
[edit]- ^abKhadduri p. 163
- ^abWael, B. Hallaq(2009).Sharī'a: Theory, Practice and Transformations.Cambridge University Press.p. 333.ISBN978-0-521-86147-2.
- ^abParolin, Gianluca P. (2009).Citizenship in the Arab world: kin, religion and nation-state.[Amsterdam]: Amsterdam University Press. p.60.ISBN978-9089640451.
- ^abYakoob, Mir p. 109
- ^Yakoob, Mir p. 166
- ^abKhadduri p. 168
Sources
[edit]- Khadduri, Majid (1955). "Foreigners in Muslim Territory: Ḥarbīs and Mustaʼmīns".War and Peace in the Law of Islam.Baltimore: Johns Hopkins Press.ISBN1-58477-695-1.
- Yakoob, Nadia; Aimen Mir (2004). "A Contextual Approach to Improving Asylum Law and Practices in the Middle East". In Yvonne Yazbeck Haddad, Barbara Freyer Stowasser (ed.).Islamic Law and the Challenges of Modernity.Walnut Creek, CA: AltaMira Press.ISBN0-7591-0671-1.