Comparison of Dhimmah and Asset in French Jurisprudence and Law

Abstract

Reference of jurisprudential texts to religion brings to mind the religious right and the obligation to resemble with divisions of law in France. In the legal system of Islam, dhimmah (treaty or obligation) have been extensively used along ages and in different fields. On the contrary, in the classical law and French law, the title "Patrimoine" (asset or property) is used throughout the commitments. In the religious law, a person who is called a creditor or promisee has direct rights over another person who is called debtor or promisor. Since debt is directly related to individuals’ obligations, so to identify exact meaning and concept of religious or individual right, it is necessary to examine its execution which is the very dhimmah in jurisprudence or the property and obligation mentioned by Arab and French lawyers. In spite of the similarities between these two terms, there is no comparable capability between the dhimmah and the asset; for the term dhimma is not compatible with the term "Patrimoine" (asset); hence, in this article, these two terms are to be conceptualized and compared.