Posisi Non-Muslim dalam Hukum Islam: Suatu Tinjauan atas Pandangan Fakih Klasik (The Position of Non-Muslim in Islamic Law: A Review on the Opinion of Classical Fuqahâ')

Yakin, Ayang Utriza [UCL]

One of the concerns of non-Muslims living in the Islamic/Muslim countries is pertaining to their status in the Islamic law as second-class citizens. However, what more problematic is why a law derived from the beliefs of a specific religion (Islam) has to be imposed on other religious people (such as Christians, Jews, Zoroastrians, and the like). This article will discuss the thought of the four Sunni schools/mazâhib (Hanafi, Maliki, Shafii and Hanbali) on non-Muslim status and positions in Islamic law (fiqh). This paper, which is based on major references from each school/mazhab, shows that the view and opinions of the four Sunni schools on non-Muslims as a consequence of their status of ahl dzimmah (protected people living in the Muslim lands).