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Arefi S Y. A Look at the Theory of Zimma (1) in Islamic Jurisprudence (Concept and Characteristics). SRQJL 2026; 3 (3) :3-29
URL: http://srqjl.knu.edu.af/article-1-120-en.html

The theory of dhimma in Islamic jurisprudence constitutes the foundation and basis of numerous legal institutions—such as legal personality and capacity for obligation—as well as various juristic issues, including transactions involving generic property. Jurists of the major Islamic schools (Ja‘fari, Hanafi, Maliki, Shafi‘i, and Hanbali) have presented diverse perspectives regarding its conceptual nature. Employing a descriptive–analytical method and relying on library-based sources, this study aims to bring the views of the well-known Islamic schools closer together concerning the meaning of dhimma and to demonstrate the existence of a unifying underlying spirit governing the essence of the concept. To this end, it re-examines and re-evaluates the positions of Muslim jurists—ranging from the denial of dhimma to its interpretation as the human essence, a human attribute, a meaning subsisting in the human being, or a hypothetical space for general obligations within the person. Ultimately, the study identifies dhimma as an “abstract legal container for symbolic and normative financial and non financial rights and obligations within the person,” a comprehensive framework capable of reconciling all major theories in this field.