Wills Made by Jews and Christians in Islamic Law
Definition and Context
In Islamic law, non-Muslims living under Muslim rule, referred to as Ẕimmīs (ذِمِّيّ in Arabic; zimmi in Turkish), are granted certain protections and obligations, including the ability to make wills. These wills by Ẕimmīs are subject to specific restrictions and conditions comparable to those governing Muslim wills.
Etymology
The term Ẕimmī (ذِمِّيّ in Arabic) is derived from the Arabic root ḏ-m-m (ذ م م), which means “protection in return for tax.” This reflects the protected status of non-Muslims living under Islamic rule in return for paying a tax known as jizya (جِزْيَة in Arabic).
Legal Provisions for Wills by Ẕimmīs
Wills made by Jews and Christians (Ẕimmīs) are held valid under Muslim law, governed by specific rules and restrictions. Prominent Islamic jurists, especially Abū Ḥanīfah, categorize these wills based on their purposes:
Categories of Bequests
- Sacred in Their Belief, Not in Muslims’ Belief: This includes building a church or synagogue. Such bequests are valid but come with restrictions.
- Pious in Muslims’ Belief, Not in Ẕimmīs’ Belief: Bequests for building mosques are invalid if made by Ẕimmīs since it holds different sacred values.
- Sacred to Both Communities: Offerings to universally revered places like the Temple at Jerusalem are valid.
- Considered Sinful by Both: Bequests supporting activities like singing or supporting dissolute women are deemed sinful and therefore invalid.
Specific Rules and Permissions
- Foundations of Worship: A church or synagogue founded during the founder’s lifetime is left to the heirs, but a house bequeathed for this purpose is appropriated.
- Apostasy and Testament: The will of an apostate female is valid, while an apostate male’s is not.
- Inheritance and Emancipation: A Ẕimmī may bequeath their entire property, and partial bequests transfer the remainder to heirs. Emancipation on a deathbed is wholly effective.
- Bequests in Favor: Bequests benefiting Ẕimmīs and non-hostile non-believers of different sects are valid.
Scholarly Perspectives
- Abū Ḥanīfah (699–767 CE): One of Islam’s great jurists, known for establishing the Hanafi school of thought, whose interpretations concerning Ẕimmīs’ bequests are pivotal in this context.
Suggested Books for Further Study
- “The Early Development of Islamic Jurisprudence” by Ahmad Hasan.
- “Islamic Law and Society: Assisted in Studies” by Joseph Schacht.
- “Islamic Law in Theory and Practice” by Richard C. Martin.
- “Non-Muslims in the Early Islamic Empire: From Surrender to Coexistence” by Milka Levy-Rubin.
Key Takeaways
- Wills made by Jews and Christians (Ẕimmīs) are recognized under Islamic law with certain restrictions.
- The legitimacy of these bequests often depends on the perceived piety or sinfulness from both Islamic and the Ẕimmīs’ perspectives.
- Abū Ḥanīfah’s categorization and interpretations play a crucial role in understanding the legal nuances of these wills.
- The protected status (Ẕimmī) signifies a balance between obligation (jizya) and rights (protection and certain freedoms) within the Islamic empire.
Conclusion
The legal framework concerning wills made by Ẕimmīs showcases the balance Islam seeks to maintain between the adherence to religious doctrine and the accommodation of non-Muslim communities within its domain. Understanding these rules offers important insights into the complexities and inclusiveness of Islamic jurisprudence.
