Dec 30, 2018 — Keywords: Dhimmi, Assumption, Presidency, Shariah, Law, Palestine. INTRODUCTION. Preface. Islamic political system is characterized by.
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Available online: http://scholarsmepub.com/ 1407 Saudi Journal of Humanities and Social Sciences (SJHSS) ISSN 2415 – 6256 (Print) Scholars Middle East Publishers ISSN 2415 – 6248 (Online) Dubai , U nited A rab E mirates Website: http://scholarsmepub.com/ Dhimmi and the Assumption of Leadership of Muslim Countries: A Comparative Study with the Palestinian Law Ahmad Bin Muhammad Husni PhD 1 * , 2 , Anwar Fakhri Omar 2 , Muhammad Yosef Niteh, PhD 3 1 Lecturer at De partment of Fiqh & usul al – Fiqh, Kulliyyah of Islamic Revealed Knowledge & Human Sciences, (KIRKHS) International Islamic Unviersity, Malaysia 2 Department of Syariah, Faculty of Islamic Studies (FPI), Universiti Kebangsaan Malaysia.43600 (UKM), Bangi, Selangor, Malaysia 3 Kolej Universiti Islam Antarabangsa Selangor (KUIS), Bandar Seri Putra, 43000 Kajang, Selangor, Malaysia *Corresponding author Ahmad Bin Muhammad Husni Article History Received: 0 5 .1 2 .2018 Accepted: 1 5 .1 2 .2018 Published: 30.1 2 .2018 DOI: 10.21276/sjhss.2018.3.1 2 . 11 Abstract: This study examines the extent of eligibility of dhimmi to assume the leadership of an Islamic country. The problem of the study lies in removing the requirement of Islam in the head of a Muslim country; and the extent of the eligibility of members of non – Muslim minorities to hold this office. I wanted from this study to explain the Shariah view and look into authorities of each opinion; and additionall y, the position of the Palestinian law for a non – Muslim to lead a Muslim country. The aim of looking at these authorities and discussing them is to reach to the Islamic view which is in line with the Shariah provisions, and to explain the extent upon which the Palestinian law has granted religious minorities this right. The study adopts inductive approach in getting the opinions and authorities; and the study then follows the analytical approach in analyzing these views and authorities and came out with com fortable strong evidence. I started by explaining the nature of Islamic political system and that it is discretionary branch of Shariah. The study further addressed views on the ruling of leadership of dhimmi in Islamic countries, which ranged between two views: The first view and the holders are the vast majority of scholars and thinkers; they say it is prohibited. And the second opinion which is the view of some contemporary thinkers and scholars where they say dhimmi is allowed to lead Muslims. And after studying both views and their authorities the study preferred the prohibition of leadership of non – Muslim on Muslims, and this is based on the principle of justice and there is no violation of values, principles and foundations of citizenship. Finally, th e Palestinian Basic Law does not require specific religion for the presidential candidate of the state. Keywords: Dhimmi, Assumption, Presidency, Shariah, Law, Palestine . INTRODUCTION Preface Islamic political system is characterized by flexibility and that is why it is considered as discretionary and not fixed principles. Aamidi says no t among the fixed and eternal principles in the religions in such a way that it cannot be left out or According to Shirazi, the Imamate and the governance issues are discretionary while responding to the Shiites who see the Imamate as a fixe d principle of . principles and emphasizes on a number of Maqasid (purposes of the Shariah) and did not mention detailed ruling except in a narrow range and left to the mind of Muslims extensive areas to interact with the diver sity of time and place and this will result in diversity of Ghannouchi confirms the need to differentiate between the historical experience of governance and the fixed and express principles. He also says that the historical experience of the rule as a whole has no value except to learn lessons [3]. Rashid Ridha said that the system of governance in Islam is discretionary and there is no objection to benefit from the contemporary systems unless they are contrary to the general rules of our religion, and he objected to those who say otherwise [4].
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Ahmad Bin Muhammad Husni et al . , Saudi J. Humanities Soc. Sci. , Vol – 3, Iss – 1 2 ( Dec , 2018): 1 40 7 – 1 4 15 Available o nline: http://scholarsmepub.com/sjhss/ 1408 The Islamic political system is all from the discretionary branch depending on the public interest and the development of the times, and a very small part of it is among t he fixed general provisions that are not political system of the Islamic state is originally left to the Muslims to choose what is suitable to different times and different circumstances [5], and this is a special feature of the Islamic political system; it is flexible in that it does not prevent changing its form or benefitting from other systems with what will improved its status and achieves the interest of the whole nation; but on condition that it do es not contradict with those fixed Islamic political system. When you consider the latest developments with regard to the system of government we must bear the fixed rules in front of our eyes, and then we consider the extent upon which it achieves maslaha h (public interest) of the general principles of Islamic law. The ancient books of jurisprudence (fiqh ) consist of branches and issues of governance; and in most of their details they adapt the names and terms available in that era; and this ijtihad (disc retion) does not necessarily mean they are fixed and limited terms for the political system forever , but they are just discretionary depending on the time they were living in, and there is no objection to change opinions based on the needs of the new era in all times and places, provided there is no violation of the general rule agreed upon. We conclude by saying that the Islamic political system is a branch that is subject to discretion according to the change of time and place, although there are gener al and fixed principles of this system but they are little; and the vast majority remain discretionary depending on changes and maslahah (public interest) provided they are in line with the spirit of the Shariah. Finally, Islam was never a religion of wor ship only where it has no say in the affairs of the country or people; but Islam is a religion that takes care of the separate the religion from the country as claim by some, and if this claim is applicab le to Christianity it is not consistent with Islam; the fact that Christianity is devoid of rules and regulation governing the affairs of human beings and being a pure spiritual religion, this is not the same with Islam; Islam is a fundamental reference o f the Islamic political system, and this means we have to be committed to the correct and general rules which are explicit explained by Islam in the Islamic state system, and to be flexible in the dis cretionary branches that are subject to change based on time and place [6]. Presidency of state When talking about the presidency of the state we are talking about the head of the de facto authority of the country, and certain conditions must be available to the one assuming this position. These conditions differ from one community to another depending on prevailing customs, religion and political heritage of the country. Based on custom among the nations, each country or even town or institution must hav e a head managing its affairs and organizes its position; and also works in implementing laws, and this is something approved by sound minds. There is no society in the past or present that is devoid of someone who assumes leadership role and implementing laws between the people, even if the nomenclature of the post varies, such are certain conditions required of the ruler and all these depend on the structure of the political and social system of that c ommunity [7]. The first Islamic state was born and the Messenger of Allah Muhammad (saw) manages its affairs, and He (saw) was a Prophet and Messenger from Allah (swt) in addition to being the head of state working in managing its affairs and watching the status of its people, applying sanctions against offenders, responsible for its army by protecting it against any attack; thus He (saw) was the best example of a model for facilitating the affairs of state. The Isla mic history has used various names for the actual ruler of the country; it used the title of Khalifah (Caliph), Amir al – Muminin (the Commander of the Faithful), and al – Imam). Although they all have the same meaning, after the dea th of the Prophet (saw), Abu Bakr (ra) assumed the leadership of the Islamic state and was called Khalifah, which means he replaced the Prophet (saw) in leading the Muslims and taking care of their affairs. Ibn for calling him Khalifah, it was because he succeeded the Prophet (saw) in the Ummah; it may be said: Khalifah, After the death of Abu Bakr (ra) Omar ibn al – Khattab took the leadership in the Islamic stat e, and he was called Amir al – Muminin (the Commander of the Faithful), as the Companions were satisfied with that name. Ibn Khaldun says: And they called him by that name and was known with that name among the people and the Khulafah (Caliphs) after him use d the same name [8] . The title of al – Imam al – azam was used in the Islamic history on the leader to distinguish him from the Imam of prayer; and you find this name in the fiqh
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Ahmad Bin Muhammad Husni et al . , Saudi J. Humanities Soc. Sci. , Vol – 3, Iss – 1 2 ( Dec , 2018): 1 40 7 – 1 4 15 Available o nline: http://scholarsmepub.com/sjhss/ 1409 books; where they discussed the conditions of Imam (leader) and how he may be removed, all under the topic of al – Imamah al – uzmah (the greatest Imamate) [9] and I think this title stems from the naming function of succession to leading the prayer. The previous names known by the Islamic history are just names based on custom not rel igion; it is not a name that we worship Allah (swt) with; as such there is no harm in naming the leader with other names other than the ones inherited by the Islamic history, such as calling the leader president, prime minister, adviser etc. as long as the name does not contradict a belief issue [ 1 ]; Islam is interested in substance and not name of peels. All the names known by the Islamic history carries the same meaning, and it makes the duty of Khilafah (Caliphate) or Imamah (Imamate) protection of reli gion and running worldly affairs [10]. Thus, Caliph or Imam is a deputy of the Prophet (saw) in the general interests of the Muslims of the establishment of religion and the maintenance of Muslims [11], and that is manifest in the definition of Khilafah or Imamah. Prophet (saw) in guarding the religion and politics, and appointing who carries it in the Ummah; and it is [12]. Ramly mentions that some define Imamat e as: establishment of the religion and protecting it, so that Ibn follow the Shariah in their interests on this world and in guarding the religion running the worldly politics The author of the book of Cal iphate summarizes its definition and combines between its 1 Of the names that are prohibited are ash – Shah Shah, or King of Kings, as it was reported from the Prophet (saw) prohibition of naming with King of Kings as reported by Sufyan Thauri: See Bukhari, 1987, Kitab al – adab, bab abgadul asma Ilallahi 8 th Ed. P 56 , Hadith No. 6205, 6206, See: Muslim , Abu Hussein, Muslim ibn al – Hajjaj ibn Muslim Qushayri Alnisabure , the whole right called Sahih Muslim , Kitab al – adab, bab Tahrim at – Tasammi bi malik al – amlak wa malik al – Muluk, Beirut : Generation and new horizons House , 6 th Ed. P 174, Hadith No. 5734. Imamate (al – Imamah al – uzmah), and Imarat al – Muminin, are three words with the same meaning, which is the leadership of the Islamic government th at From the above definitions, we find that Caliphate or Imamate is closely linked to religion, and the Imam has two responsibilities on his shoulder which are guarding the religion and running the worldly politics, in other words religious responsibility and civil responsibility. The former means easing affairs of the people and the state in accordance with the Islamic provisions, by following its provisions and making them available in all his poli tics, and he works in protecting pillars of the religion, and not to marginalize its provisions. As for the latter is by running the affairs of the subject and ensuring they have what is in their best interest, and works in ensuring good things for them, a nd protects their right, and protects them against injustice, and to secure their needs, and protects them against aggression, and all that will ensure them good livelihood. We conclude that the function of the Imam is religious and worldly, and this does not mean that the ruling authority in Islam is religious authority vested in the clergy as practiced in Europe during the middle Ages when the church and its men govern the people and were considered as deputy for the God. And this result in a rupture and strife between the people and religion, and this was the result of the idea of separation of religion from the state. Hence, authority in Islam is not in this sense, but it is being practiced by the most competent from the Muslims, who puts in front of hi m commitment to the general Islamic provisions and facilitating the affairs of people in what achieves their interest [13] . ISLAM The jurists bring several conditions for those who take the Great Imamate, and some of these conditions are agreed upon by consensus, whereas some are contentious. I see that some of these conditions agreed upon are consistent with the dictates of sound mind, and other conditions are discretionary and differ from one time to another, we may require the least among them or we consider them supplements which governance is valid without them [ 2 ] And when you follow the conditions of Imamate in fiqh books you find 2 Some of the conditions provided by the jurists were suitable with their time, among them is he has to be mujtahi and fiqih (jurist), and knowledgeable with war affairs; these are conditions that may not be available in all times, I see it has no consideration in our contemporary time as special advisers to the head of state will do the same job.
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Ahmad Bin Muhammad Husni et al . , Saudi J. Humanities Soc. Sci. , Vol – 3, Iss – 1 2 ( Dec , 2018): 1 40 7 – 1 4 15 Available o nline: http://scholarsmepub.com/sjhss/ 1410 they are many, and I want to take the most common and important ones and they are a s follows [14] . Islam, justice [ 3 ], Knowledge [ 4 ], diligence [ 5 ], physical and psychological soundness [ 6 ], courage [ 7 ], enjoying strong opinion to manage the people and ensuring their interest [15], which means he has to know politics and matters of war [ 8 ] and to be qualified to hold the general leadership; a male, free, adult of sound mind, and lineage to be from Quraish tribe [ 9 ]. VIEWS OVER THE RULING OF ASSUMPTION OF LEADERSHIP ON MUSLIMS BY DHIMMI First view: Is it not allowed for a non – Muslim to be a leader over Muslims This view is considered broader in the books ancient books including hadith books. The jurists unanimously agree on the requirement of Islam for the person who assumes al – Imamah al – uzmah. Imam an – Nawawi transmits this consensus from Qadi Iyad where (leadership) cannot be given to the infidel; even a present Imam will be removed if he becomes a Ibn Qayyim also transmits the co nsensus from are consensus that an infidel cannot be a leader over a This group has mentioned many evidences, some of which are as follows: Religious function: th e function of Imam is religious and political in nature, which is the succession of the Messenger of Allah in establishing the Shariah and defending it. He is required to safeguard the interests of Islam and Muslims; and in this case only a Muslim will be able to discharge this appropriately as he knows its provisions and principles. The duty required of a leader with its religious aspect necessitates that a leader of Muslim country to be a Muslim; and if 3 Just means to be of good character far away from wickedness 4 To be knowledgeable with Shariah provisions 5 To be able t o deduce Islamic rules from the general authorities 6 Anything that affects his action, such as blindness, deaf, being cripple, not having hands, and anything organs that may not allow him to discharge his duty properly. 7 To be courageous in wars and anyt hing that is related to protecting Islam and is able to carry out hudud. 8 To be intelligent in war and peace, and to know the time he is living in. 9 To be of Qureish lineage. There is a disagreement of this requirement. I see it as not a condition. But this is not a place to discuss this issue. he is required to discharge something he does not be lieve in is a compulsion [18]. stipulates that it is not permissible for non – Muslim to be a leader over Muslims as well as following non – believers; and this clearly indicates that a non – Muslim becoming a le ader over Muslims is contrary to the Let not the believers take for friends or helpers Unbelievers rather than believers: if any do that, in nothing will there be help from Alla h (al – – Imran, 3:28). The Believers, men and women, are protectors one of another (al – The Unbelievers are protectors, one of another: Unless ye do this, (protect each other), there would be tumult and oppression on ea rth, and great mischief. (al – A way on the Muslims: Leadership of non – Muslim over Muslims is contrary to the saying of Allah (swt): And never will Allah grant to the unbelievers a way (to triumphs) over the believers (al – a, 4:141) And Imamate is the greatest way [20]. And the leadership of a non – Muslim over Muslims is contrary to the principle of young treatment that we must do to the non – Muslims; we are commanded to disgrace them and not to honour them, and to allow them to be leaders is contrary to this principle [21]. The consensus of the jurists: the jurists are consensus that a non – Muslim shall not be a leader over Muslims; and the Islamic history through the fourteen centuries did not mention that a non – Muslim held the leadership (the greatest imamate), which shows an implied consensus that it is not allowed. Reason: If the function of the Imam is to establish the Shariah and safeguards its provisions, then reasonably a Muslim shall be the one to discharge this duty and a non – Muslim cannot be compelled to do something originally not compulsory on him [22]. Second view: It is permissible for dhimmi to assume leadership over Muslims In fact, the requirement of Islam before a person becomes a leader over Muslims have b een mentioned several times in ancient and modern books; but in the past few years there are some Islamic scholars and thinkers who have the opinion that there is no objection for a non – Muslim to become a leader over Muslims. And to sincerely attribute the words to the
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Ahmad Bin Muhammad Husni et al . , Saudi J. Humanities Soc. Sci. , Vol – 3, Iss – 1 2 ( Dec , 2018): 1 40 7 – 1 4 15 Available o nline: http://scholarsmepub.com/sjhss/ 1411 owners, I have not come acrossed books for the owners of this view except newspaper articles or dialogic seminar posted on websites; I did not find literature in their books except the book of Dr. Awa with title the political system of the Is lamic state [ 10 ]. The remarkable thing is that the works published for the majority of owners of this view requires Islam to the president of the Islamic state; if what has been quoted from them is true, it shall be a discretion leading to a change of gove rnment in their eyes or the emergence of new developments in the understanding of the issue, although I could see that this trend is due to two things: First: the spread of Islam phobia [ 11 ] phenomenon among non – Muslim communities after the event of Septem ber eleven, and the attempt of some to attribute extremism to Islam, and this led to intellectual and doctrinal revisions to a number of Islamic thinkers to remove this view and indicate tolerance of Islam in its dealings with others, this view was the out come of this innovative movement. Second: comforting Christian minorities living in Muslim countries, especially after the Arab Spring 10 Of those who say that this opinion : Yusuf al – Qaradawi , Rashid Ghannouchi , Mohamed Emara , Fahmi Howeidi , Mohammad Salim Al – Awa , Saad al – Din Hilali , Mohamed Ben Mokhtar Shanqeeti , Tariq human , Sayed Askar , see: Awa .2008 m , 256 Howeidi , Fahmi .2007 m , Brotherhood in their party program unjust and oppressed , newspaper Middle East October 3, 2007 and the number 10536. see: Moony , Saad Eddin , the presidential inauguration of a non – Muslim in the Islamic Republic , an article published on his personal blog , and the chairman of Comparative Jurisprudence at Al Azhar University . Page Link : http: //www.saadhelaly. Date seen: 03/03/2014 M.oanzer : Shanqeeti , Mohamed Ben Mokhtar, 2010 , the geography of the new social contract and the state of the non – Muslim head of state and the victims of injustice Msugon him , an article published on the island site Net, dated: 03/30/2010 m . Page Link : http://www.aljazeera.net. Date seen: 03/04/2014 m . See : human , human advisor Tariq , the national group dropped the contract disclosure , interview , see the World Center for Moderation , Page Link : http://wasatiaonline.net site . Date seen: 03/03/2014 m . See : Arab satellite site , a news story entitled: Islam accepts the Christian presidency and respect and not to be considered from the disbelievers 06/21/2010 AD , the history of viewing : 05/04/2014 11 Is a phenomenon of fear of Islam as a religion , and having a bad image of Islam and its people , and the spread of this phenomenon started after the events of 11 September 2001 , which resulted in hitting the twin towers of the World Trade in New York . which resulted in the attainment of a number of Islamist parties to power. What supports this view is the fact that most of those who said this opinion belong explicitly or implicitly to Islamic movements and groups that came to power after the Arab Spring. In addition to the fact that that it is impossible for a non – Muslim to assume the presidency of a Muslim country; so t hey said this opinion and contradict the fiqh books in this matter and supported their view with evidences supporting their view. EVIDENCE OF THOSE WHO SAY IT IS PERMISSIBLE The difference on the form of government: the modern systems today made organizing and assigning public decisions or on individual, but to the bodies; the president does not have independent decision, but the decision is on the bodies, such as parliaments, the House of Representatives, or like a presidential council; so as lon g as the decision is on the body and not individual, it is possible for Muslims and non – Muslims to participate together in taking this post; and the main reference will remain the legal system in the country [ 12 ]. Civil Function: the function of the presid ent is purely life and civil function based on efficiency and justice and not religious function. Thus, it is sufficient for a person assuming this function even if he is not a Muslim as people will take anything from the president being religious but can only take their rights from his justice. There are texts that give preference to the characteristic of justice over that of religion. Some of these texts are the saying of Allah (swt): {but say: “I believe in the Book which Allah has sent down; and I am co mmanded to judge justly between you. Allah is our Lord and your Lord: for us (is the responsibility for) our deeds, and for you for your deeds. There is no contention between us and you. Allah will bring us together, and to Him is (our) Final Goal.} (al – Qu Shura, 42:15) and the generality of the saying of Allah (swt): {We sent aforetime our apostles with Clear Signs and sent down with them the Book and the Balance (of Right and Wrong), that men may stand forth in justice} (al – the purpose of leader in the Islamic state is the administration of justice, even if he is a non – Muslim [ 13 ]. 12 Al – Bushra, al – Mustashar Tariq , the national group dropped the contract of dimmi , interview , and see the World Center for Moderation , Page Link : http://wasatiaonline.net site . Date seen: 03/03/2014 . 13 Hilali , Saad Eddin , the presidential inauguration of a non – Muslim in the Islamic Republic , an article published on his personal blog , and the chairman of Comparative Jurisprudence at Al Azhar University . Page Link : http: //www.saadhelaly. Date seen: 03/03/2014 m . Dr. Awa said the same, 200, p 256.
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Ahmad Bin Muhammad Husni et al . , Saudi J. Humanities Soc. Sci. , Vol – 3, Iss – 1 2 ( Dec , 2018): 1 40 7 – 1 4 15 Available o nline: http://scholarsmepub.com/sjhss/ 1412 The decider is the Constitution: in ancient times, king is the one who determines the religion of his the opinion that prohibits a non – Muslim to become a president took into account the interest in those ages, and this is different in our time; we are no longer living in the age of empires and is no longer a danger to Islam if the head of sta te is not a Muslim because the relationship between the state and religion is prescribed by the Constitution, and not the belief of the head of state or his personal taste; and people today are on the religion of their constitution not the religion of thei r kings; and what was good in the past might not necessarily be good in our time; but justice and interest today lies in building a free and democratic countries where citizens are equal, regardless of race and belief [ 14 ]. Islamic justice: the requirement of Islam on the head of state is not consistent with the concept of Islamic justice, which includes Muslim and non – Muslim alike, Allah (swt) says: {and I am commanded to judge justly between you. Allah is our Lord and your Lord: for us (is the responsibil ity for) our deeds, and for you for your deeds.}(al – System of governance is compromised: the system of governance in Islam is compromised which can be negotiated between the Muslims and between Muslims and others, according to the aut hority of their choice: this is because Islam has not put a constant system of governance like worship matters, such as interest. General citizenship: the system of dhimmis does not longer exist; everyone is united by the concept of citizenship regardless of their belief affiliation; and they are all equal in nation building and organizing its affairs and this include not preventing anyone from running for the presidency of the state, even if he is a non – Mu slim. The social contract: the social contract in our time is based on the geographical basis; and citizenship is based on that, and religion has no relationship to the concept of citizenship and difference of religion or race has no effect in the rights a nd duties of this citizenship. This is consistent with the first Islamic experience in Madina during the time of the Prophet (saw); and therefore, everyone has the right to assume any in the position the state without regard to his religious affiliation. C onsent and freedom of choice: among the purposes of Shariah is the principle of consent and 14 Shanqeeti , Mohamed Ben Mokhtar, 2010 , the geography of the new social contract and the state of the non – Muslim head of state and the victims of injustice , article published on the site Jazeera Net , Dated: 03/30/2010 m . Impact : http://www.aljazeera.net link . Date seen: 03/04/2014 . freedom of choice, as consent is the way of straightening things and preventing sedition; hence, both Muslims and non – Muslims have the right to compete in proving t he authority to assume the presidency of the state. But the protection of religion is through preaching which can be ensured through the Communal strife: preventing the presidency of a non – Muslim is a factor of sedition and the non – Muslim may also refuse the leadership of a Muslim and this may lead to a fatal affliction. OPINION OF THE STUDY ON THE ISSUE In fact, the owners of the second opinion still present it with shyness and reservation for violating religious, cultural and social inheritance of the Muslims as this a non – debatable issue; however, there is a need to look into the evidences of this view and to discuss them in order to reach to a jurisprudential opinion based on correct and explicit evidence. I think the sourc e of the differences between the two views is due to three main points, which are: the it religious or civil? In addition to the change to the contemporary political system unlike old form of the Islamic state in the past, so we are obliged to consider the latest development and not to stand or inertia on the old form; and the last the characterization of minorities as citizens in the Islamic state entitles them this right, and to say the contrary contradicts this characterization, and also is contrary to the idea of justice and equality that Islam brought; these are the main points of difference in this issues. After considering both views, I see that the first view (impermissibility of presidency of a non – Muslim over Muslims) is the best and probably closest to the texts of Islam and its spirit, and the opinion of the second group will change the inherited jurisprudence of centuries and supported by Islamic evidences and with no acknowledgement of the validity of the evidences mentioned by the first group [ 15 ]. The evidences of the second view may be rebutted as follows: To say that it is permissible for a non – Muslim to be president over Muslims is contrary to explicit and implicit consensus. The explicit one is the statement of 15 Among the evidences brough by this group and this study disagrees with it what was quoted of disgracing regard to those who fight you not for (your) Faith nor drive you out of your homes, fr om dealing kindly and
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Ahmad Bin Muhammad Husni et al . , Saudi J. Humanities Soc. Sci. , Vol – 3, Iss – 1 2 ( Dec , 2018): 1 40 7 – 1 4 15 Available o nline: http://scholarsmepub.com/sjhss/ 1414 also has its own; is it fair to say that a Muslim may run for the presidency of the Vatican; just as a Christian cannot accept this idea, a Muslim will also reject the same. Finall y, the post of the head of state of a country with its importance, it is compulsory on us to require Islam for that post as the president is the interface of the country and the head of its system, since he has legal privacy that makes Islam as the spot of the country. This issue is purely and theoretically controversial, can a non – Muslim reach to the presidency of a Muslim country through elections, and can he initially nominates himself; this issue is theoretical, but we must look at the issue from the Islamic point of view, and we cannot change them to comply with the needs of the contemporary time, even as we see that the issue is impossible to occur, and this is daring Islamic ruling supported by correct and legitimate Islamic evidences. HEAD OF STAT E IN PALESTINIAN LAW The Basic Palestinian law did not mention religion of candidate for head of state, and did not require him to be a Muslim and referred the details to the election law, which it was stated in Article 34 ional Authority shall be elected direct from the Palestinian people in accordance It is worth mentioning that the Palestinian Basic Law stipulates that Islam is the religion of the state, and its p rovisions are the main source of legislation. Article 4 Palestine, and the other monotheistic religions have their respects and sanctities; the principles of Islamic law are the main source of leg islation, and Arabic is the the interpretation of Article 4 due to the fact that the principles of Islamic law are the main source of legislation; if it is used for the requirement of the candidate to be a Muslim, due to the fact that the Islamic law is unanimous on the impermissibility of a non – Muslim to be head of state of a Muslim country, but by referring to the Palestinian election law we may certainly say that the legal legislator does not require religion in candidate for the presidency, where Article 36 of the Electoral Act the requirements of candidate for the presidency, where it mentions: It is required on the presidential candidate [24]: Palestinian born to Palestinian parents. Must have com pleted forty years of age, at least on the day of polling. To be a permanent resident in the Palestinian territories. To be registered in the final record of the voters and fulfills the conditions to be provided for the exercise of the right to vote. To abode by the PLO as the sole legitimate representative of the Palestinian people and the document of the Declaration of Independence and the provisions of the Basic Law. Religion is not mentioned as part of nomination requirements, and it can be certainly said that the Palestinian law does not require a presidential candidate to be a Muslim. We conclude by saying that Palestinian law did not require Islam on the president of the state; and therefore, the Christians and Samaritans have the right to run for this position, if fulfill these conditions, however, the Palestinian law does not prohibit it; but a non – Muslim never nominated himself in presidential election. Based on the foregoing, the Palestinian law violated what Islamic law stipulated of preventi ng non – Muslims to preside over Muslims, and this is evident as the Palestinian legislature dropped this condition for those who run for presidency. CONCLUSION After listing the views on this issue, we can summarize the most important findings of the study as follows: Islamic political system is discretionary with the existence of fixed general rules that do not change with time and place. Views were divided on the issue of a dhimmi becoming a head of state over Muslims into two views: All ancient jurists and majority of contemporary jurists said it is impermissible; and very few among the contemporary thinkers said it is allowed, and it is view born few years ago. The study suggested limiting the presidency on Muslims to only a Muslim, and that allowing dhimmi to preside over a Muslim country is contrary to the consensus and reason. The study consider that preventing minorities from assuming the presidency of a Muslim country does not contain a contradiction the idea of the rights recognized in Islam but are derived from the Islamic political system privacy. REFERENCES 1. Aamidi , Ali bin Abi Ali bin Mohammed bin Salim . ( 1391). A. H , Gayatul Maram fi ilmil kalam ,
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