Legal and Theological Foundations of Conversion to Islam (Ihtida) in Islamic Jurisprudence (fiqh)

This study explores ihtidā (conversion to Islam) as a legal, theological, and ethical phenomenon within Islamic jurisprudence, analyzing its doctrinal foundations, procedural frameworks, and socio-legal implications. Beyond a personal or theological transformation, ihtidāis a structured legal process that redefines the convert’s rights, obligations, and social status. Classical fiqh sources regulate conversion through pre-shahādaand post-shahādaconsiderations, addressing intent (niyya), sincerity, coercion (ikrāh), and its effects on personal status, including marriage, inheritance, and criminal liability. Beyond legal formalities, this study explores the ethical dimensions of conversion, analyzing how postconversion obligations (tatabbuʿāt al-ihtidā) shaped the responsibilities of converts within Islamic society. While classicalfiqh sources establish the normative framework, historical applications demonstrate how conversion was formalized within judicial and administrative structures. Historical records reveal institutionalized procedures such as witness testimonies, state oversight, and the issuance of official certificates, serving both as legal instruments and means of social integration. Methodologically, this research employs a comparative legal-historical approach, integrating doctrinal analysis with case studies drawn from primary legal texts and historical court records. It further contributes to contemporary discussions on religious identity, legal pluralism, and the intersection of Islamic law and state authority, offering insights into how legal traditions managed conversion across different historical and political contexts. The findings reveal that, in the Islamic legal tradition, ihtidā was not merely a matter of personal choice but was subject to formal procedural requirements such as witness testimony, judicial oversight, and the issuance of official documents. These mechanisms aimed, on one hand, to attest to the sincerity of the conversion, and, on the other, to prevent abuses manifested in forms such as evading debts, circumventing inheritance laws, or escaping criminal liability. This study bridges the gap between classical Islamic jurisprudence and the socio-legal history of ihtidā, approaching it in a layered manner as both a spiritual transformation and a regulated legal process.

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Publication Details

Journal
Diyanet İlmi Dergi
Published
2025-09-25
DOI
https://doi.org/10.61304/did.1664643
Primary Topic
Islamic Finance and Banking Studies
Type
article
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article

Legal and Theological Foundations of Conversion to Islam (Ihtida) in Islamic Jurisprudence (fiqh)

Fatih Okumuş
Diyanet İlmi Dergi
Islamic Finance and Banking Studies
article

Legal and Theological Foundations of Conversion to Islam (Ihtida) in Islamic Jurisprudence (fiqh)

Fatih Okumuş
article en

Abstract

This study explores ihtidā (conversion to Islam) as a legal, theological, and ethical phenomenon within Islamic jurisprudence, analyzing its doctrinal foundations, procedural frameworks, and socio-legal implications. Beyond a personal or theological transformation, ihtidāis a structured legal process that redefines the convert’s rights, obligations, and social status. Classical fiqh sources regulate conversion through pre-shahādaand post-shahādaconsiderations, addressing intent (niyya), sincerity, coercion (ikrāh), and its effects on personal status, including marriage, inheritance, and criminal liability. Beyond legal formalities, this study explores the ethical dimensions of conversion, analyzing how postconversion obligations (tatabbuʿāt al-ihtidā) shaped the responsibilities of converts within Islamic society. While classicalfiqh sources establish the normative framework, historical applications demonstrate how conversion was formalized within judicial and administrative structures. Historical records reveal institutionalized procedures such as witness testimonies, state oversight, and the issuance of official certificates, serving both as legal instruments and means of social integration. Methodologically, this research employs a comparative legal-historical approach, integrating doctrinal analysis with case studies drawn from primary legal texts and historical court records. It further contributes to contemporary discussions on religious identity, legal pluralism, and the intersection of Islamic law and state authority, offering insights into how legal traditions managed conversion across different historical and political contexts. The findings reveal that, in the Islamic legal tradition, ihtidā was not merely a matter of personal choice but was subject to formal procedural requirements such as witness testimony, judicial oversight, and the issuance of official documents. These mechanisms aimed, on one hand, to attest to the sincerity of the conversion, and, on the other, to prevent abuses manifested in forms such as evading debts, circumventing inheritance laws, or escaping criminal liability. This study bridges the gap between classical Islamic jurisprudence and the socio-legal history of ihtidā, approaching it in a layered manner as both a spiritual transformation and a regulated legal process.

Diyanet İlmi DergiVol. 61(3)
Kahramanmaraş Sütçü İmam University (TR)
Openalex Percentile: Top 62%
Islamic Finance and Banking Studies
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