حقوق الأقميات بين الفقو الإسلامي والقانون الع ا رقي د ا رسة مقارنة

Minority Rights is an important subject of scientific research and a great number of people do not have sufficient information about them. Islamic law gives many rights to non-Muslim minorities. However, most people do not know what rights these minorities can enjoy in the Islamic countries where they are based. The constitution and the laws follow the method of Islamic law. The human constitutions, laws and regulations in Islamic countries have given a wide place to the rights of non-Muslim minorities, but there are great differences between them and Islamic law. Although there are many scientific researches and analysis on issues that explain the rights of non-Muslim minorities in the market, this study is fundamentally different from all the studies in the market, because this study puts the rights of non-Muslim minorities in a comparative reading of the current humanitarian constitution, regulation and laws in Iraq. In addition, this comparative study reveals the major differences between the current Iraqi laws on minority rights and Islamic law. In addition, our study does not merely compare the two legal systems, but also deals with many important issues that must be addressed. This study consists of the preface, introduction, three chapters and one conclusion. In the Preface, the importance of the subject has been clearly pointed out, the problems of the subject, the difficulties that have risen during the study and the reasons for choosing this subject. In the introduction; the definition and the meaning of the right in accordance with the fiqh and applicable laws have been written about. The meaning of fiqh in dictionary and fukaha has been emphasized, as well as the meanings of the dictionary in terms of current laws and in use. Then the meaning of the concept of minority in the dictionary and term in fiqh and laws has been highlighted. In the first part, the concept of minority and its synonyms in the Qur'an and Hadith has been examined as well as the concept, definition and scope of minority in applicable laws. The second part is devoted to concrete examples of the treatment of minorities in Islamic law. These examples, Hz. Muhammad (saas), Hulefa-i Rashidin, the Companions and the treatment of minorities until the last centuries. In the second part, the minority rights in Islamic law and Iraqi laws has been examined in detail. In the third part, the views of the Islamic scholars on the rights of non-Muslim minorities have been examined. the views of the ulama on this issue according to 4 sects has been highlighted in detail. Comparison of minority rights in Islamic law and the laws in force in Iraq. This issue has been discussed in detail because of its importance. the rights granted to minorities in Islamic law has been chattered, how these rights are protected and in what ways they are different from the laws in force. Subsequently, how these rights were handled in Iraqi law. In this section, the superiority of Islamic law in the protection of human rights in general and in the protection and implementation of minority rights in particular, and the fact that no legal system in this respect can be compared to Islamic law have been tried to be revealed. In the conclusion part, trying to reveal the importance of this study has been attempted and it can be concluded as following; Contribution to this scientific research has been a great privilege and fortunate. Finally, during the course of my study, worthy to say, genuine support and assistance of my supervisor has been provided by Assoc. Dr. Selim ASLAN. It is also a responsibility and a debt of gratitude to thank everyone who has helped me throughout my work.