al-Dukhul fi Aman Ghayr al-Muslimin wa Atharuhu fi al-Fiqh al-Islami
- Author died
- -
- Editions
- Dar al-Bashair al-Islamiyyah
al-Dukhul fi Aman Ghayr al-Muslimin wa Atharuhu fi al-Fiqh al-Islami (Entering the Safe-Conduct of Non-Muslims and Its Legal Ramifications in Islamic Jurisprudence) is a contemporary treatise on Islamic jurisprudence by Abd al-Haqq al-Turkmani that examines the legal and ethical obligations of Muslims residing in or traveling to non-Muslim countries under contracts of safe-conduct (aman) .
Background and Composition
The book originated from a lecture delivered by al-Turkmani at a conference organized by the Islamic Research Center in Sweden in cooperation with the Maryam Muhammad Jabr al-Muslim Mosque in Örebro on 1 Muharram 1430 AH (January 2009 CE), held under the theme "This is How Muhammad Taught" . Following requests from attendees to expand the material, the author developed the presentation into a fully documented legal study . The treatise addresses the modern realities of Muslim residency in non-Muslim states, clarifying that classical jurisprudence regards contracts of safe-conduct—such as visas and residency agreements—as religiously binding covenants rather than merely secular legal procedures .
Content and Legal Ramifications
The work distinguishes between two historical forms of aman: non-Muslims entering Muslim lands under protection, and Muslims entering non-Muslim territories . Focusing primarily on the latter, al-Turkmani outlines the specific legal effects (athar) derived from classical jurisprudence, the Quran, and the Sunnah :
- Prohibition of Treachery: Absolute prohibition of treachery (ghadr) and breach of trust regarding the lives, property, and honor of non-Muslim hosts .
- Inviolability of Property: Recognition that non-Muslims hold valid ownership of their wealth, meaning that differences in religion do not permit Muslims to seize property through unlawful means or deception .
- Continuity of Religious Practice: The requirement for Muslims living in non-Muslim societies to uphold Islamic obligations and personal devotion just as they would in Muslim lands .
- Commercial and Civil Transactions: The permissibility of conducting routine economic dealings with non-Muslims, including sales, purchases, gifts, loans, and pledges .
- Prohibition of Deceptive Hostilities: The moral and religious duty to abide strictly by the entry agreement, prohibiting any covert military acts under the cover of safe-conduct .
- Conduct During Conflict: If conflict arises between the host nation and other Muslims, residents under aman may not participate in hostilities against their hosts unless their covenant of safe-conduct has been explicitly revoked and communicated beforehand .
- Traveling with the Quran: The permissibility of traveling with copies of the Quran during periods of established treaties and safe-conduct .
- Jurisdictional Punishments (Hudud): Muslims residing under aman are not authorized to implement prescribed judicial corporal punishments among themselves due to the absence of sovereign Islamic legal authority, though individuals remain religiously accountable for personal repentance, fasts, expiations (kaffarah), and indemnities (diyah) .
Reception and Publication
The General Presidency of Scholarly Research and Ifta in Saudi Arabia reviewed the study in a formal evaluation (dated 6 Rabi' al-Awwal 1431 AH), praising its relevance and utility for Muslims living in Western countries . The book was commended by several scholars:
- Dr. Abdullah ibn Abd al-Muhsin al-Turki, former Secretary-General of the Muslim World League, contributed an introduction highlighting its role in clarifying mutual obligations amidst modern migrations .
- Shaykh Ahmad Wald al-Murabit al-Shinqiti authored a poetic eulogy (taqriz) commending the author's reliance on the Quran, Sunnah, and early authorities .
- Dr. Abdullah Shakir al-Junaydi, head of Ansar al-Sunnah al-Muhammadiyyah in Egypt, wrote an introductory appraisal of its legal arguments .
The book was first issued by the Muslim World League in Mecca as part of the peer-reviewed monthly series Da'wat al-Haqq (issue 250, 1433 AH) . An edition was later published in Beirut by Dar al-Basha'ir al-Islamiyyah in 1438 AH (2017 CE) .
Answer updated