الذمۃ علی الانسان فقط‘‘ کااصول: اصولیین کے مباحث کا مطالعہ’’

A Study of the Discourses of Jurists about the Rule: “Al-Dhimmah is on the Human Being Only’’

Abstract

In the prevailing economic and social system, the fictitious personality took a central position. In it, some individual or the substance of their capital is considered a permanent figure except their individual personalities. Then this fictitious person is recognized as having all the attributes of assigning rights, duties and responsibilities, which are characteristic of a real human being. Many questions arise as a result of giving legal and Shari'ah justification to an assumed personality like a real human being, these questions are important from a number of perspectives, including a very important and sensitive religious perspective. One of the most important questions is that in the eyes of the Shari'ah, only a real person can be obligated and responsible, so how can a fictitious and invisible person become an addressee of the Shari'ah and be characterized with the attribute of al-dhimmah? Present study explores the principle of Al-Dhimmah in the light of discourses of jurists. This is an analytical study and data is gathered from books, articles and online sources. Responsibility is the attribute in a human being due to which he becomes wanted and responsible in worldly and hereafter matters. There are two basic opinions about the nature of al-Dhimma, one is that al-Dhimma is a fictitious condition; while the second opinion is that al-Dhimma is a real entity that refers to the soul of a person. The second opinion completely negates the fictitious human being.