Dhimma (the liability that bears rights and duties, in the rulings)

الذمة (في الفقه)

In the rulings the dhimma is a quality in a person, or a self with an obligation, by which he is fit to bear rights for and against him. It lasts from conception until death; each person has one; it has no limit of capacity; and it attaches to the person, not to his property. ¹ ² ³ At death the majority hold that it stays until the estate's rights are settled, some Hanafis that it weakens, and a Hanbali narration that it ends. ³ ⁴ ⁵

Summary

In the rulings the dhimma is a quality in a person, or a self with an obligation, by which he is fit to bear rights for and against him. ¹ It lasts from conception to death, each person has one, and it has no limit of capacity. ² ³

Its senses

Jurists use dhimma for covenant, safe-conduct and guarantee, and some principalists use it for the capacity to be owed rights. ¹ ⁶ Capacity to bear obligations has two sides, the fitness to have rights held for one and the fitness to have them held against one, and the second needs the dhimma. ⁶ ²

Its properties

The dhimma attaches to the person, not to his property, so a debt does not stop the debtor trading except by a legal bar such as a pledge or a restraint. ³ Debts in the dhimma are, in principle, equal, and one does not rank above another by being earlier. ³

Death

The majority hold that the dhimma survives death until the estate's rights are settled, some Hanafis that it is weakened, and a Hanbali narration that it ends at death. ³ ⁴ ⁵

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8482

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8484

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8485

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8486

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8487

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.8483

Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)

Ahliyya is lexically suitability, and it is of two kinds: capacity to have rights and duties, the capacity of liability; and capacity to act, that is to perform acts recognised by the law. Its bearer passes through the stages of the foetus, childhood, discernment, puberty and maturity. Liability is complete from birth and incomplete for the foetus; the capacity to act is partial at discernment and full with puberty and reason. It is affected by heavenly impediments such as madness, imbecility, sleep, fainting, illness, slavery, menstruation, childbirth and death, and by acquired ones such as ignorance, drunkenness, jest, folly, travel, error and coercion.