studies informed by close engagement with Islamic legal texts and
with important issues in contemporary legal theory and policy. In this
second volume in the series, co-editor Anver M. Emon theorizes the legal
regime governing minority religious communities living permanently
in Muslim-ruled lands, the dhimm?s. In doing so, Emon juxtaposes
the pre-modern legal regime with more contemporary ones, and he
provocatively challenges widely held views about the regulation of
minority religious communities in both Islamic and Western liberal
democratic constitutional regimes.
In pre-modern Islamic law, dhimm? rules established rights, obligations
and responsibilities for the members of dhimm? communities. Examining
Islamic legal doctrines governing the dhimm? across diff erent legal
schools (madh?hib), Emon points out that the jurists who developed
the dhimm? rules shared a number of common assumptions. These
include ones about the universal scope of the Islamic message, about the
preferability of an imperial model of governance, and, ??inally, about the
nature of the legal and administrative institutions that would keep order
in a Muslim empire. These premises informed the juristic expectations
about the eff ects of dhimm? rules on the dhimm? communities and on
society at large. From this insight, Emon draws several conclusions. First,
he argues that if we accept the assumptions that underlay the dhimm?
rules, those rules would seem intelligible, appropriate, legitimate, and
just. On the other hand, a person who does not share the jurists’ views
about morality and society may view the pre-modern dhimm? rules as
unintelligible, inappropriate, illegitimate, or unjust. Many Muslims and
non-Muslims around the world no longer accept the basic assumptions
that informed the pre-modern dhimm? rules. Emon explores how the
embrace of modern assumptions has informed modern views of the
dhimm? rules. He explains why many people in the contemporary world
??ind the pre-modern rules problematic. Finally, in a section that is sure to
be controversial, Emon turns his attention to liberal democratic states
and to the legal regimes that they have developed to regulate minority
faith communities.