Legal Foundations of Regulating War and Peace in Islamic Law

Abstract

This study explores the foundational legal framework within Islamic law that governs the treatment and status of non-Muslims (dhimmis), particularly during periods of war and peace. Drawing upon classical Islamic legal texts, Qur’anic verses, and Hadiths of the Prophet Muhammad (peace be upon him), it outlines the categories of people under Islamic rule — Muslims, dhimmis, musta'mins, combatants, and others. Special emphasis is placed on the rights, restrictions, and duties of dhimmis (primarily Jews and Christians), and the nature of their treaties with the Islamic state, including the payment of jizya and kharaj. The paper analyzes social, legal, political, and economic dimensions of coexistence, including their dress code, religious freedoms, and civil protections. The work relies on interpretations by classical jurists such as Abu Yusuf and historical precedents set during the era of the Prophet and early caliphs.

Keywords

Islamic law, dhimmi, jizya, kharaj