Sanctity of Neutral Unbeliever’s Property

The subject of this study is the sanctity of neutral unbeliever’s property. The famous opinion among Islamic jurists is that from a macro perspective, human is divided into Muslim and non-Muslim. Non-Muslim is not considered hostile unbeliever and his life and property are respected only if he is a contracting party or tributary. On the opposite, a number of Islamic jurists believe that the life and property of neutral unbeliever (hayadi unbeliever) are respected the same as contracting and tributary unbelievers and no one may invade them. In order to emphasize on the latter opinion, the present study, firstly aims at analyzing it scientifically by reconsidering and approximating the famous opinion arguments and in some cases documenting it with the most important probable arguments of this opinion. Then, the author, through criticizing these arguments, attempts to show that one may not, relying on all of them, prove a significant issue like non-sanctity another’s property. The conclusion is that not only the sanctity of the neutral unbeliever’s property is proved because of the absoluteness of the proofs and the lack of evidence concerning their restriction or qualification; but also some proofs may be invoked which demand to  treat the neutral unbeliever with justice and goodness.