الفروق الفقهية في التعاملات المالية بين المسلمين وأهل الذمة

Jurisprudential Differences in Financial Transactions between Muslims and Ahl al-Dhimmah

Abstract

This study examines the jurisprudential differences between Muslims and Ahl al-Dhimmah in matters of financial transactions and their impact on related legal rulings. The study employs both inductive and deductive methods. It discusses the concept and significance of jurisprudential differences, the extent to which Ahl al-Dhimmah are addressed by the rulings of financial transactions in Islamic jurisprudence, and selected applied cases in the areas of liability, sales, reviving dead land, and preemption.

The findings indicate that identifying jurisprudential distinctions plays a crucial role in differentiating legal rulings, alongside determining the effective cause and recognizing similarities through analogical reasoning.

The study also highlights the flexibility of Islamic law in ensuring justice for non-Muslims, particularly in cases of liability and sales, while demonstrating that the limited exceptions to shared transactional rulings between Muslims and Ahl al-Dhimmah relate to rights that require the individual to be Muslim.