The Rules Of Nationality And Citizenship From An Islamic Perspective

This research addresses the issue of nationality and citizenship from the perspective of Islamic Fiqh. The researcher discussed how Islamic scholars (Foqahaa’) divided the world into two “Houses” or “Dar”: Dar Al-Islam (House of Islam), Dar-Al-Harb (House of War). The researcher also explained the basis on which this division was built and the consequent provisions of this division. Moreover, the researcher talked about the types of human beings in terms of religion and belief, their relationship with the Islamic nation and the provisions that apply to them when they enter the Dar Al-Islam. The researcher then discussed the issue of nationality and citizenship from a legal point of view for the purpose of comparing this perspective with the Islamic Fiqh. The researcher found after conducting this research that Islamic Fiqh had already been ahead of all man-made regulations and systems with respect to laws enforcement and legislation; it really outperformed all human legislations in this respect. The laws that Islamic Fiqh has set really organized the Islamic society by spreading the values of justice and equality among Muslims themselves on one hand and with other people on the other. The researcher also mentioned the reasons behind the acquisition of nationality according to the positive law and provided a number of international texts and conventions that stress the fact that acquisition of nationality is a human right which no one shall ever be deprived from. After that, the researcher discussed the idea of citizenship which is equivalent to nationality from the point of view of Islamic legislation and explained the reasons behind acquiring it as well as the basis on which nationality is based. Then the researcher talked about the nationality of the Muslim which he / she acquires from the first moments of his / her birth. Thimmis (the non-Muslim citizens of the MuslimState), on the other hand, acquire the Islamic nationality according to the Thimma Contract. The Musta’man (the person who takes a temporary residency in the Islamic State) does not acquire the Islamic nationality if he / she enter the Dar Al-Islam because his / her residency is temporary. Al-Harbi (Military man) does not acquire the Islamic nationality at all because he is considered as one of the enemies of the Islamic State. The researcher explained also that the Thimma contract is equivalent to today’s concept of naturalization. Finally, the research discussed the reasons that lead to nationality loss in Islamic Fiqh in comparison to the positive law. The researcher has found that there are common reasons that lead to nationality loss among the Islamic Fiqh and the positive law; she explained that losing one’s nationality only applies to the person who committed the deed leading to the withdrawal of his / her nationality; this punishment, however, does not include his / her family and money. This approach in dealing with such issues proves the tolerance of Islam and its concern with treating other nations in the best way possible to ensure people’s well-being and happiness.