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Current Application of Personal Aspects of Dhimmah

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Chapter Summary

While marriages performed by recognized religious groups are recognized and registered in all Muslim states, the practices of other states are not the same. In addition to the institution of marriage, in Muslim countries the personal law of recognized religious groups is also recognized. One finds an equivalent in the European continental system, which allows for the application of the law of the guest, for non-citizens residing in foreign territory." On the origin of this phenomenon in Muslim countries, Mayer says: "In most Muslim countries today, remnants of [the Dhimmah] system persist, since personal - status matters remain for the most part governed by the religious law of the parties involved." Krishnaswami in his study admires Millet and finds that it was necessary for the protection of minorities in Muslim countries in the past but prefers secularization of the law over group autonomy in the present day.

Keywords: Dhimmah; Krishnaswami; Muslim countries; Muslim states

10.1163/ej.9789004165557.vii-286.49
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