Musta'min

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As Musta'min ( Arabic مستأمن, DMG mustaʾmin ) in the classical Islamic international law doctrine ( Siyar ) a non-Muslim resident of the Dār al-Harb , who receives the protection declaration ( amān ) of a Muslim to stay in Islamic territory without any tax obligations, as long as he is not permanent there Residence established.

The duration of this protection guarantee must not be longer than one year; After the guarantee of protection has expired, the Musta'min must leave the Islamic area, where he is granted safe conduct, or - if he wishes to stay longer in Dār al-Islām - conclude a Dhimma contract. An aman can be granted by any free Muslim who is of legal age, regardless of gender.

The concept of Aman is based on both the Sunnah of Muhammad and the Koran :

“And if one of the heathen comes to you for protection, give him protection so that he can hear the word of God! Then let him get (unmolested) to where he is safe! This (be allowed to them) because they are people who do not know. "

- 9: 6 according to Paret; see. 16: 112

The Aman guarantees the Musta'min the right to life and property, which Islamic law, the Sharia , otherwise only grants if he converts to Islam or concludes a Dhimma treaty with the Muslim ruler. In addition to the right to life and property, the Aman - with the exception of the Aman, which is granted to enemies after their surrender - also includes protection against enslavement . A musta'min is protected from attack by any person under the authority of the caliph, whether Muslim or non-Muslim, and, if this has been negotiated accordingly, from others. The Musta'min is entitled to this protection regardless of the political relationship between the Islamic state and its state. Diplomats are readily granted an aman.

Nowadays, a visa is considered an Aman from an Islamic point of view .

literature

  • The Encyclopaedia of Islam . New Edition. Brill, suffering. Vol. 1, p. 429 ("Amān")
  • Muhammad Hamidullah: The Muslim Conduct of State . The Other Press, 1961. pp. 216 f.
  • Julius Hatschek: The Mustaʾmin: a contribution to international private and international law of Islamic law . Berlin [u. a.]: Association of scientific publishers de Gruyter 1919. Digitized
  • Majid Khadduri: War and Peace in the Law of Islam . The Johns Hopkinns Press, 1955. pp. 163-169

Individual evidence

  1. ^ The Encyclopaedia of Islam . New Edition. Brill, suffering. Vol. 1, p. 429 ("Amān")
  2. ↑ Muhammad Hamidullah: The Muslim Conduct of State . The Other Press, 1961. p. 216
  3. ↑ Majid Khadduri: War and Peace in the Law of Islam . The Johns Hopkinns Press, 1955. p. 163
  4. ^ The Encyclopaedia of Islam . New Edition. Brill, suffering. Vol. 1, p. 429 ("Amān"). For a list of details regarding the Aman, some of which are viewed differently by the schools of law, such as the validity of an Aman given by slaves or the manner in which one is granted, see Rudolph Peters: Islam and Colonialism. The Doctrine of Jihad in Modern History . Mouton, 1980. pp. 29 ff. And Majid Khadduri: War and Peace in the Law of Islam . The Johns Hopkinns Press, 1955. pp. 163 ff. And sources cited there
  5. ↑ For individual examples of tradition, see The Encyclopaedia of Islam . New Edition. Brill, suffering. Vol. 1, p. 429 ("Amān") and Rudolph Peters: Islam and Colonialism. The Doctrine of Jihad in Modern History . Mouton, 1980. pp. 29 ff. And sources cited there
  6. ↑ a b Rudolph Peters: Islam and Colonialism. The Doctrine of Jihad in Modern History . Mouton, 1980. p. 29
  7. ↑ Muhammad Hamidullah: The Muslim Conduct of State . The Other Press, 1961. p. 216
  8. ↑ Rudolph Peters: Islam and Colonialism. The Doctrine of Jihad in Modern History . Mouton, 1980. pp. 30 f.