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A ' ((アラビア語:ذمي) ', , collectively ''/'' "the people of the ''dhimma''") is a historical〔 term referring to non-Muslim citizens of an Islamic state. The word literally means "protected person." 〔http://www.merriam-webster.com/dictionary/dhimmi〕 According to scholars, dhimmis had their rights fully protected in their communities, but as citizens in the Islamic state, had certain restrictions, and it was obligatory for them to pay the jizya tax, which complemented the zakat, or Islamic tax, paid by the Muslim subjects. Dhimmis were excluded from specific duties assigned to Muslims, and did not enjoy certain political rights reserved for Muslims, but were otherwise equal under the laws of property, contract, and obligation.〔H. Patrick Glenn, ''Legal Traditions of the World''. Oxford University Press, 2007, p. 219.〕 Under sharia, the dhimmi communities were usually subjected to their own special laws, rather than some of the laws which were applicable only to the Muslim community. For example, the Jewish community in Medina was allowed to have its own Halakhic courts,〔 and the Ottoman millet system allowed its various dhimmi communities to rule themselves under separate legal courts. These courts did not cover cases that involved religious groups outside of their own community, or capital offences. Dhimmi communities were also allowed to engage in certain practices that were usually forbidden for the Muslim community, such as the consumption of alcohol and pork.〔Al-Misri, ''Reliance of the Traveler'' (edited and translated by Nuh Ha Mim Keller), p. 608. Amana Publications, 1994.〕〔Al-Misri, ''Reliance of the Traveler'' (ed. and trans. Nuh Ha Mim Keller), pp. 977, 986. Amana Publications, 1994.〕 Historically, dhimmi status was originally applied to Jews, Christians, and Sabians. This status later also came to be applied to Zoroastrians, Mandaeans, Hindus, and Buddhists.〔The Chach Nama English translation by Mirza Kalichbeg Fredunbeg. Delhi Reprint, 1979.〕 Eventually, the Hanafi, the largest school of Islamic jurisprudence, and the Maliki, the second largest school of Islamic jurisprudence, applied this term to all non-Muslims living in Islamic lands outside the sacred area surrounding Mecca, in present-day Saudi Arabia.〔al-Misri, Ahmad ibn Naqib. ''Reliance of the Traveler'' (edited and translated by Nuh Ha Mim Keller), p. 603. Amana Publications, 1994. ISBN 0-915957-72-8〕 Some modern Hanafi scholars, however, do not make any legal distinction between a non-Muslim dhimmi and a Muslim citizen.〔(【引用サイトリンク】author=Maulana Shaukat AH Qasmi Bastawi )〕 The overwhelming majority of moderate Muslims reject the dhimma system as ahistorical, in the sense that it is inappropriate for the age of nation-states and democracies. ==The "dhimma contract"== Based on Quranic verses and Islamic traditions, classical sharia distinguishes between Muslims, followers of other Abrahamic religions, and pagans or people belonging to other polytheistic religions. As monotheists, Jews and Christians have traditionally been considered "People of the Book," and afforded a special status known as ''dhimmi'' derived from a theoretical contract—"dhimma" or "residence in return for taxes". There are parallels for this in Roman and Jewish law.〔Glenn, H. Patrick (2007). ''Legal Traditions of the World: Sustainable Diversity in Law'' (3rd edition). New York City; Oxford: Oxford University Press. ISBN 978-0-19-920541-7. pp. 217–219.〕 Muslim governments in the Indus basin readily extended the dhimmi status to the Hindus and Buddhists of India.〔Marshall Hodgson, ''The Venture of Islam Conscience and History in a World Civilization Vol 2''. University of Chicago, 1958, p. 278.〕 Eventually, the largest school of Islamic scholarship applied this term to all non-Muslims living in Islamic lands outside the sacred area surrounding Mecca, Saudi Arabia.〔al-Misri, Ahmad ibn Naqib (edited and translated from Arabic (with commentary) by Nuh Ha Mim Keller) (1994 revised edition), p. 603.〕 Classical sharia incorporated the religious laws and courts of Christians, Jews and Hindus, as seen in the early caliphate, Al-Andalus, Indian subcontinent, and the Ottoman Millet system. In medieval Islamic societies, the ''qadi'' (Islamic judges) usually could not interfere in the matters of non-Muslims unless the parties voluntarily chose to be judged according to Islamic law, thus the dhimmi communities living in Islamic states usually had their own laws independent from the sharia law, as with the Jews who would have their own rabbinical courts. These courts did not cover cases that involved other religious groups, or capital offences or threats to public order. By the 18th century, however, dhimmis frequently attended the Ottoman Muslim courts, where cases were taken against them by Muslims, or they took cases against Muslims or other dhimmis. Oaths sworn by dhimmis in these courts were tailored to their beliefs. Non-Muslims were allowed to engage in certain practices (such as the consumption of alcohol and pork) that were usually forbidden by Islamic law. Zoroastrian "self-marriages", that were considered incestuous under sharia, were also tolerated. Ibn Qayyim Al-Jawziyya (1292–1350) opined that non-Muslims were entitled to such practices since they could not be presented to sharia courts and the religious minorities in question held it permissible. This ruling was based on the precedent that the Islamic prophet, Muhammad did not forbid such self-marriages among Zoroastrians despite coming into contact with Zoroastrians and knowing about this practice.〔Jackson, Sherman A. (2005). (p. 144 ) (via Google Books). Retrieved September 19, 2011.〕 Religious minorities were also free to do as they wished in their own homes, provided they did not publicly engage in illicit sexual activity in ways that could threaten public morals.〔Jackson, Sherman A. (2005). (p. 145 ) (via Google Books). Retrieved September 19, 2011.〕 However, the classical dhimma contract is no longer enforced. Western influence has been instrumental in eliminating the restrictions and protections of the dhimma contract, thereby contributing to the current state of relations between Muslims and non-Muslims living in Islamic lands. According to law professor H. Patrick Glenn of McGill University, "()oday it is said that the dhimmi are 'excluded from the specifically Muslim privileges, but on the other hand they are excluded from the specifically Muslim duties' while (and here there are clear parallels with western public and private law treatment of aliens—Fremdenrecht, la condition de estrangers), '()or the rest, the Muslim and the dhimmi are equal in practically the whole of the law of property and of contracts and obligations'."〔Glenn, H. Patrick (2007). ''Legal Traditions of the World&: Sustainable Diversity in Law'' (3rd edition). New York City; Oxford: Oxford University Press. ISBN 978-0-19-920541-7. p. 219.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Dhimmi」の詳細全文を読む スポンサード リンク
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