حولَ نسبة "الشروط العُمريّة" إلى الخليفة الرّاشد الثاني: نظرات في مواقف العلماء المعاصرين <br>On the Attribution of "'Umar Terms" to Second Rightly-guided Caliph: Reflections on the Views of Contemporary Scholars

الملخص

It is customary in books of Islamic jurisprudence to describe non-Muslims who lived under the rule of the Islamic caliphate as ahl al-dhimma. After the abolition of the caliphate and the disintegration of the Muslim countries that were under its rule into separate nation-states with different political systems both in orientation and form, matters that had not been addressed by the founding imams of the juristic schools nor by their followers who elaborated their rules and built on them, the use of this term has become a matter of controversy among Muslim and non-Muslim students of Islamic thought due to the fact that its application in modern times raises problematic issues theoretically as well as practically. Moreover, in the context ofthe discussion of the subject of ahl al-dhimma scholars and researchers are well familiar with the so-called ‘ÑUmar terms’ (al-shurut al-umariyya), a document attributed to the second rightly-guided caliph ÑUmar Ibn al-KhaÏÏÉb who is said to have issued it in order to regulate the affairs of ahl al-dhimma people and control their movement. This article sheds light on these so-called 'Umar terms’ by reviewing the positions of contemporary scholars concerning their authenticity in terms of both provenance (sanad) and textual structure (matn). It also contrasts the views of classical jurists who based their legal pronouncements pertaining to ahl al-dhimma affairs on them with the views of contemporary scholars who theorize on the basis of citizenship (muwatana). Our aim is to give preponderance to such views whose evidence is stronger in light of the Shari'a objectives (maqasid al-shari'a).

Key terms: Ahl al-dhimma, ‘Umar terms’ (al-shurut al-umariyya), Shari'a objectives, citizenship.