The Judicial Rights of Dhimmis under Islamic Rule in al-Andalus: The Documents of Ibn Sahl al-Asadī (413–486 AH / 1022–1093 CE) as a Case Study

Abstract

This study aims to shed light on the conditions of the dhimmis—non-Muslim subjects under Islamic protection—in Islamic al-Andalus through an analytical reading of the juridical and documentary sources. Drawing on the rich body of legal records preserved in Andalusian jurisprudence, the research examines the historical data that illuminate the nature of the relationships between the dhimmis and the Muslim community within a society characterized by religious plurality and social diversity. The study further seeks to demonstrate the pivotal role played by juridical compilations in documenting cases involving dhimmis, and to elucidate how Islamic legal rulings structured their presence within the social fabric of Andalusian society.

The research addresses multiple dimensions of dhimmi life in al-Andalus, encompassing their religious practices, family and social rights, engagement in economic activity, and participation in political and administrative affairs. The documentary evidence simultaneously reveals the decisive role of jurists and judges in regulating and overseeing this relationship, ensuring the protection of the Islamic domain while maintaining a judicious balance between the principle of religious tolerance and the requirements of the legal order.