The Status of Religious Minorities in Hanafi Jurisprudence and Its ‎Comparison with Other Jurisprudential Schools

Abstract

Since the advent of Islam, religious minorities, specifically Jews, Christians, and Zoroastrians, have lived within Islamic societies under the status of Ahl al-Dhimmah. Islam has recognized them as citizens and granted them substantial rights. While there is a consensus among various Islamic Schools of jurisprudence regarding the rights of Ahl al-Dhimmah on most legal issues, differences of opinion exist on certain significant jurisprudential matters, such as Diyat and Qisas. An analysis of these issues reveals that, according to many jurisprudential Schools, the status of religious minorities is considered inferior to that of Muslims, and their rights are not equal. In contrast, the Hanafi School of jurisprudence bases its perspective on the principles of respect and equal rights for religious minorities, positioning them on par with Muslims. This reflects the dynamism and relevance of the Hanafi School in the modern era, characterized by diversity of nationalities and beliefs. The objective of this descriptive-analytical research is to elucidate the Hanafi jurisprudential perspective on the rights of religious minorities and to compare it with the viewpoints of other Islamic legal Schools. The findings demonstrate that the Hanafi School’s stance is more open and flexible compared to other jurisprudential traditions, making it particularly applicable in contemporary times. This research employs a qualitative methodology, relying on data collected through library-based research. The results affirm that the Hanafi jurisprudential approach to the rights of religious minorities is notably inclusive and adaptable, underscoring its practical relevance in the modern world.