مفهوم الجزية في المجتمع الإسلامي الحديث : دراسة فقهية

الملخص EN

The purpose of this research is to study the concept of tribute in the modern Islamic society and jurisprudent practices made in this field so that some jurisprudential scientists refers to this principle that tribute is a canonical order rather than final text of law, in either demonstration or reasoning, and ordained it, then, ordered it shall not be cancelled.

Some other scientists believe it for this reason that the tribute has been imposed against the protection of Islamic government to the followers of Zoroaster, Moses and Christ, who whenever shall perform the military service in Islamic government, the extinction of tribute from them and their non-claim of paying tribute is completely reasonable and acceptable, as this is a fact occurring in Islamic lands in which non-Muslims live; because in such lands, tribute is excluded from non-Muslims and they attend the military armed force .

This paper studies these two jurisprudential approaches and describes a summary of reasons of their founders and followers to deem them reasonable, and finally orders the extinction of tribute to non-Muslims in the modern Islamic society as the proofs mainly indicate the tribute extinction.

The reason of this view is their partnership in defending the Muslim land and their participation in compulsory military service in Islamic lands so that they are like the citizens who enjoy the citizenship rights and nationality of Islamic government.

Another reason is the international formalities between states.

The preference of this view, however, doesn’t mean the permanent dominance of tribute order but the view of contemporary world is to the international relations which, first, stabilize the interests of such relations, then, this interest is anything the effort shall be concentrated to protect it.