sanctuary (الْحِمَى)

sanctuary (الْحِمَى)


الفقه أصول الفقه

التعريف :


A piece of land which a ruler allocates for a public interest and stops people using it.

المعنى الاصطلاحي :


The land which the Muslim ruler allocates for a certain public interest and prohibits anyone from approaching.

الشرح المختصر :


"Himā" (sanctuary) is a plot of uncultivated land that the ruler or his representative allocates for grazing the Muslims' animals collected from charity and "jizyah" (yearly tax collected from non-Muslims living under the protection of the Muslim ruler) and the conquerors' riding animals as well as any other purpose that serves a public interest for the Muslims. People are prohibited from using and utilizing this land so long as doing so does not cause hardship or harm to them. Similarly, if the Muslim ruler today allocates some places or heights for the purpose of protecting the people, then these lands become "himā" (sanctuaries) and protected places.

التعريف اللغوي المختصر :


"Himā": anything that is protected by restricted access. Original meaning: prevention and prohibition. Other meanings: a place where grazing is not allowed.