The Authority of Non-Muslims (wilāyat al-kāfir) in Medieval Islamic Law

Classical Muslim jurists discussed the authority of the non-Muslim ( wilāyat al-kāfir ) in two primary areas: marriage and the judiciary. According to the majority of jurists, the non-Muslim has no authority over his Muslim daughter’s marriage. However, some jurists such as al-Awzāʿī acknowledged a non-Muslim father’s authority over his Muslim daughter. Muslim jurists forbade a non-Muslim to exert authority over a Muslim in the courts or in government. Yet, Abū Ḥanīfa and other jurists recognized the authority of non-Muslims over non-Muslims in judiciary matters. This article examines the legal reasoning behind these different juristic opinions and, when possible, explores the context in which they were formulated. It is suggested here that the majority of jurists’ intransigence exposes adherence to an uncompromising theological discourse and significant limitations on non-Muslims’ authority, which fueled mistrust between Muslims and non-Muslims. Yet, in the early history of the development of fiqh , a minority of Muslim jurists conceded some legal authority to non-Muslims. In later Islam, a consensus was established among jurists to deny non-Muslims any type of legal authority

Islam · Legal history · Muslim world · Primary authority · Sharia · Traditional authority · Cardiac Arrhythmias and Treatments · Cardiac Valve Diseases and Treatments · Coronary Interventions and Diagnostics