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Title

A Dual Examination of “Sighar” in the Verse on Jizya: Examining the Tension between “Guidance-Psychological Logic” and “Obedience-Legal Logic” in Islamic Tradition

Pages

  135-162

Abstract

 The controversial concept of “Sighar” in verse 29 of Surah At-Tawbah has always been a focal point in defining the relationship between the Islamic state and the People of the Book. This study, using a descriptive-analytical method with a comparative approach, examines this concept within Islamic tradition and posits that the duality in interpreting “Sighar” stems from two conflicting theological-political premises. Findings indicate that Islamic tradition has diverged into two main interpretive paths: the guidance-psychological logic, which sees “Sighar” as a tool to exert psychological pressure and prepare for the invitation to Islam; and the obedience-legal logic, which reduces it to compliance with law and public order. By critically examining both currents, this article shows that the Islamic texts themselves have the potential to move beyond this impasse through a third examination knowns as “Sighar as a dynamic quality within the dhimma (Dhimma”: the protected legal status of non-Muslims under an Islamic state, involving rights, obligations, and payment of Jizya) contract.” This comprehensive understanding, derived from the combination of the principles of “dynamic authority of the ruler” and “contractual nature of the dhimma,” transforms “Sighar” from a fixed ruling into a flexible variable, determined by the ruler based on interests and circumstances, ranging from minimal legal obligations to the application of legitimate restrictions.

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