Abstract
This contribution seeks to elaborate in detail on the classic Islamic law concept of al-dhimma in the Sunni interpretation in its first part. Because of its efficiency in the judicial sector, parts of the millet system, based on the dhimma concept, remain valid even nowadays; they are however inconsistent with international standards in the field of minority protection. Using Egypt and Lebanon as an example, the second part focuses on the impacts, remnants of the al-dhimma/millet concept in the national legal framework are having on societies governed along confessional lines.
In order to guarantee for an adequate protection of religious minorities this paper argues for a need of States to find a balance between their Islamic legal heritage and norms agreed on international level. Therefore, the protection of religious minorities in countries with an Islamic imprint in their legal frameworks cannot be improved without acknowledging on one side the country specific Islamic past, while on the other side revising national constitutions, adhering to international standards agreed on and most importantly, abolishing sectarianism within politics, law and society.