Converts to the Muhammadan Religion
Introduction
In Islamic jurisprudence, the legal status of individuals who convert to Islam has nuanced interpretations, especially in the context of hostilities. The “Hidāyah,” a classical Islamic legal text, provides detailed rulings regarding such converts.
Etymology and Translations
- Arabic: التحول إلى الإسلام
- Turkish: İslam’a Dönüş
- Etymology: The term “Muhammadan” is derived from the name of the Prophet Muhammad, signifying adherence to the religion he propagated.
Converts in Hostile Territories
According to the author of the “Hidāyah” (vol. ii. 170), if an infidel (كَافِر kāfir) converts to Islam while in a hostile land:
- Personal Freedom: The individual gains personal freedom and is not enslaved.
- Children: The convert’s children also remain free from enslavement.
- Property: The convert retains ownership of their property.
Converts Post-Conquest
The ruling differs significantly for those who convert to Islam after being conquered:
- Slavery: Both the individual and their children are subjected to enslavement.
- Spouses: The convert’s wives are at the mercy of the victorious Muslims, which could imply different outcomes ranging from protection to enslavement.
- Property: The convert’s lands become the property of the Islamic State.
Context and Implications
These rulings are rooted in historical contexts where conversion and conquest frequently intersected. The aim was to stabilize social order and integrate new converts smoothly while maintaining the legal structures of the time.
Suggested Books for Further Studies
- “The Hedaya: Commentary on the Islamic Laws” by Charles Hamilton and Burhan al-Din `Ali.
- “Introduction to Islamic Theology and Law” by Ignaz Goldziher.
- “The Early Islamic Conquests” by Fred M. Donner.
Takeaways and Conclusion
- Legal Distinctions: Islamic jurisprudence distinguishes between individuals converting in hostile lands and those converting post-conquest.
- Focus on Stability: The rulings aim at social stability, property rights, and the status of family members within the Islamic State.
- Historical Context: Modern interpretations may differ, considering historical contexts and advancements in human rights.
Understanding these rulings sheds light on the intricacies of Islamic law and its adaptations to socio-political contexts. The “Hidāyah” remains a crucial source for comprehending classical Islamic jurisprudence.
By delving into these rulings from the “Hidāyah,” one can appreciate the complexities of Islamic law, especially concerning conversion during periods of conflict.
