"The construction of churches or synagogues in the Mussulman territory is unlawful, this being forbidden in the traditions:—but if places of worship originally belonging to Jews or Christians be destroyed, or fall to decay, they are at liberty to repair them,—because buildings cannot endure for ever, and as the Imán has left these people to the exercise of their own religion, it is a necessary inference that he has engaged not to prevent them from rebuilding or repairing their church and synagogues. If, however, they attempt to remove these, and to build them in a place different from their former situation, the Imán must prevent them, since this is and actual construction: and the places which they use as bermitages are held in the same light as their churches, wherefore the construction of those also is unlawful. It is otherwise with respect to such places of prayer as are within their dwellings, which they are not prohibited from constructing, because these are an appearance to the habitation. What is here said is the rule with respect to the cities; but not with respect to villages or hamlets; because as the tokens of Islám (such as public prayer, festivals, and so forth) appear in cities, Zimmees should not be permitted to celebrate the tokens of infidelity there, in the face of them; but as tokens of Islám do not appear in villages or hamlets, there is no occasion to prevent the construction of synagogues, not only in cities, but also in villages and hamlets; because in the villages of our country various tokens of Islám appear; and what is recorded from Haneefa, (that the prohibition against building churches and synagogues is confined to cities, and does not extend to villages and hamlets) relates solely to the villages of Koofa, because the greater part of the inhabitants of the villages are Zimmes, there being few Mussulmans among them, wherefore the tokens of Islám do not there appear: moreover, in the territory of Arabia, Zimmees are prohibited from constructing churches or synagogues either in cities or villages, because the prophet has said "Two religions cannot be professed together in the peninsula of Arabia.""
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Islamic lawTheologians from UzbekistanMuslims from UzbekistanReligious leaders from UzbekistanJurists from Uzbekistan
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Book IX, Chapter VIII, pp. 219-220
https://en.wikiquote.org/wiki/Burhan_al-Din_al-Marghinani
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Burhan al-Din al-Marghinani
Burhān al-Dīn Abu’l-Ḥasan ‘Alī bin Abī Bakr bin ‘Abd al-Jalīl al-Farghānī al-Marghīnānī (Arabic: برهان الدين المرغيناني) was an Islamic scholar of the school of jurisprudence. He was born in Marghinan near Farghana in 530/1135 (in present day ) He died in 593/1197.
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