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The Rights of Non-Muslims in Islam (part 1 of 13): An Islamic Basis
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Description: The tenets of the religion which ensure the general rights of non-Muslims in Islam.
By IslamReligion.com (Originally by Dr. Saleh al-Aayed)
- Published on 03 Jul 2006 - Last modified on 13 Jun 2007
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Introduction
_-_An_Islamic_Basis_001.jpg) Islam is a religion of mercy to all people, both Muslims
and non-Muslims. The Prophet was described as being a mercy in the Quran due
to the message he brought for humanity:
“And We have not sent you but as a mercy to all the worlds.”
(Quran 21:107)
When a person analyzes the legislations of Islam with an
open mind, the Mercy mentioned in this verse will definitely become apparent. One
of the aspects constituting an epitome of this Mercy is the way the
legislations of Islam deal with people of other faiths. The tolerant attitude
of Islam towards non-Muslims, whether they be those residing in their own
countries or within the Muslim lands, can be clearly seen through a study of history.
This fact is not only purported by Muslims, but many non-Muslim historians
also accept it. Patriarch Ghaytho wrote:
‘The
Arabs, to whom the Lord has given control over the world, treat us as you know;
they are not the enemies of Christians. Indeed, they praise our community, and
treat our priests and saints with dignity, and offer aid to churches and monasteries.’
Will Durant wrote:
‘At the
time of the Umayyad caliphate, the people of the covenant, Christians, Zoroastrians,
Jews, and Sabians, all enjoyed degree of tolerance that we do not find even
today in Christian countries. They were free to practice the rituals of their religion
and their churches and temples were preserved. They enjoyed autonomy in that
they were subject to the religious laws of the scholars and judges.’
These just relations between Muslims and people of other
faiths were not due to mere politics played by Muslim rulers, but rather they
were a direct result of the teachings of the religion of Islam, one which
preaches that people of other religions be free to practice their own faith,
only accepting the guidance offered by Islam by their own choice. God says in
the Quran:
“There is no compulsion in religion…” (Quran 2:256)
Not only does Islam demand their freedom to practice
religion, but also that they be treated justly as any other fellow human. Warning
against any abuse of non-Muslims in an Islamic society, the Prophet stated:
“Beware! Whoever is cruel and hard on a non-Muslim
minority, curtails their rights, burdens them with more than they can bear, or
takes anything from them against their free will; I (Prophet Muhammad) will complain against the person on the Day
of Judgment.” (Abu Dawud)
How far is this mannerism than the majority of nations,
to this day, which not only suppress the rights of foreign religions, but also
foreign peoples and races! In a time when Muslims were being tortured to death
in then pagan Mecca, Jews were being persecuted in Christian Europe, and
various peoples were being subjugated due to their particular race or caste,
Islam called to the just treatment of all peoples and religions, due to its
merciful tenets which gave humanity the right to their humanness.
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The Rights of Non-Muslims in Islam (part 2 of 13): Non-Muslim Residents
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Description: The types of non-Muslim societies in an Islamic nation, and an introduction to general rights of non-Muslims in Islam.
By IslamReligion.com (Originally by Dr. Saleh al-Aayed)
- Published on 03 Jul 2006 - Last modified on 08 Oct 2006
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There is much talk these days about the allowance Islam
gives to the existence of other religions in the world. Some of the opinion
that Islam orders that Muslims fight the world until everyone becomes Muslim,
creating ill feelings without actually knowing what the religion actually says
in this regard, much more the existence of non-Muslims within an Islamic
country.
In terms of residence within Muslim society, non-Muslims
are classified into three types. To understand these types will deepen one’s
understanding of the relationship between Muslims and peoples of other faith in
an Islamic society:
Classification of Non-Muslims
A. Permanent Residents
Muslim jurists use the term ‘ People of the Covenant ’ (Arabic
‘dhimmi’ or ‘Ahl ul-Dhimma’ ) to refer to non-Muslim residents. It is not a
derogatory term, as some have made it seem. In Arabic language the word ‘dhimma’
means a treaty of protection for non-Muslims living in Muslim territory. A
similar term, ‘Ahl ul-Dhimma’ , means ‘People of the Covenant ,’ because they
are protected under the covenant extended to them by Prophet Muhammad and the
Muslims. Non-Muslims
are guaranteed protection in the Muslim society as long as they pay a head tax
and abide by the specific legislations mentioned in Islamic Law. This covenant
of protection is not limited to a specific duration; rather, stays in effect as
long as those with whom the covenant is made abide by its conditions.
The good intent behind the term ‘dhimmi’ can be seen in the letter written by
the Caliph Abu Bakr as-Siddiq to the
non-Muslims of Najran:
‘In the Name
of God, the Beneficent, the Merciful. This is the written statement of God’s slave
Abu Bakr, the successor of Muhammad, the Prophet and Messenger of God. He
affirms for you the rights of a protected neighbor, in yourselves, your lands,
your religious community, your wealth, retainers, and servants, those of you
who are present or abroad, your bishops and monks, and monasteries, and all
that you own, be it great or small. You shall not be deprived of any of it,
and shall have full control over it…’
Another example is the statement of a famous classical
scholar of Islam, Imam Awza’i in his
letter to the Abbasid governor Salih b. ‘Ali b. Abdullah about the People of
the Covenant, “They are not slaves, so beware of changing their status after
they have lived in freedom. They are free People of the Covenant.”
Acknowledging this fact, Ron Landau wrote:
‘In contrast to the Christian Empire, which attempted to
impose Christianity on its subjects, the Arabs extended recognition to
religious minorities, and accepted their presence. Jews, Christians, and Zoroastrians
were known to them as the People of the Covenant; in other words, the nations
who enjoyed a protected status.’
B. Temporary Residents
This category includes two types:
1)
The residents of non-Muslims countries who are at peace with
Muslims through specific peace agreements, international treaties, or other
mechanisms, who temporarily come to Muslim countries for work, education, business,
diplomatic missions, and so forth. Muslim jurists refer to them in Arabic as mu’aahadoon,
which means, “those with whom there is a pact”.
2)
The residents of non-Muslims countries with whom Muslims
do not have a pact of peace, or who may be at war with Muslims, who temporarily
come to Muslim countries for work, education, business, diplomatic missions,
and so forth. Muslim jurists refer to them in Arabic as musta’minoon, which
means, “seekers of protection”.
All classes have general rights common to them, and
exclusive rights specific to each group. We will limit our discussion mostly
to the most general, common rights to avoid excessive details.
The General Rights of Non-Muslims
The expression “human rights” is relatively new, having
come into everyday usage only since World War II, the founding of the United
Nations in 1945, and the adoption by the UN General Assembly of the Universal
Declaration of Human Rights in 1948. Although
its emergence in international law is a relatively recent development, the idea
of human rights itself is not new. If one were to study and compare the
Universal Declaration of Human Rights to the human rights granted by Islam 1400
years ago, one can clearly see the level of high moral ground achieved by Islam
before the Universal Declaration. This moral
standard did not come as a result of human intellectual endeavor. The source
of Islamic morality is God. The divine standard provides true comprehensiveness
and depth in human needs. It provides for everything that benefits the human
race and shields it from any harm. Objective study is likely to conclude,
‘there is no religion or moral code on earth that has given more generous
attention to faithfully affirming these rights than Islam, detailing them,
clarifying them, and expressing them.’
The Shariah, which is the legal and moral code of Islam,
does not confine itself to giving rights to Muslims only. One of its
distinguishing features is that non-Muslim share many of these rights. As a
matter of fact, the general principle is that non-Muslims have the same rights
and obligations as Muslims. This
aspect of religion is unique to Islam, and perhaps has not been attained by any
other world religion. If we look at Christianity, for example, Professor
Joseph Heath of the University of Toronto, says, ‘It should go without saying
that you can scour the Bible and not find one single mention of “rights.” You
can also pick through the following 1500 years of Christian thought without
finding any rights. That’s because the idea is entirely absent.’
Non-Muslims have many rights in Islam. We will limit
our discussion to the most important of them, such as the freedom of belief, right
to work, housing, freedom of movement, and education.
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The Rights of Non-Muslims in Islam (part 3 of 13): Right to Preservation of Dignity as Human Beings I
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Description: The right of non-Muslims to preservation of their human dignity with discussion of historical precedents and textual evidence.
By IslamReligion.com (Originally by Dr. Saleh al-Aayed)
- Published on 10 Jul 2006 - Last modified on 19 Feb 2008
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_-_Right_to_Preservation_of_Dignity_as_Human_Beings_I_001.jpg) God has created human beings with certain dignity,
Muslims and non-Muslims alike, and has elevated their status above much of His creation.
God says in the Quran:
“We have honored the children of Adam; provided them with transport
on land and sea; given them for sustenance things good and pure; and conferred
on them special favors, above a great part of Our creation.” (Quran 17:70)
As a token of honor and to elevate his status, God commanded
the angels to prostrate out of humility before Adam, the father of humanity. God
informs us in the Quran:
“When We said to the angels, ‘Prostrate yourselves to Adam,’
they prostrated themselves, but not Satan; he refused.” (Quran 20:116)
God bestowed many favors on humanity, some of which are obvious,
while others are hidden. For instance, He subjected the heavens and earth to human
beings to honor them. He says:
“It is God who created the heavens and earth and sends down
rain from the sky, and with it brings out fruits therewith to feed you; it is
He Who has made the ships subject to you, that they may sail through the sea by
His command; and the rivers (also) He has made subject to you. And He gives
you of all that you ask for, but if you count the favors of God, never will you
be able to count them. Surely, man is given up to injustice and ingratitude.”
(Quran 14:32-34)
The God-given status of humanity forms the basis of the
principle of human dignity in Islam, whether the person is Muslim or non-Muslim.
Islam emphasizes the origin of all humanity is one; therefore all human beings
have certain rights over one another. God says:
“O mankind! We created you from a single (pair) of a male
and female, and made you into nations and tribes, that you may know each other
(and not hate one another). Surely, the most honored of you in the sight of
God is (he who) is the most righteous of you. And God has full knowledge and
is well acquainted (with all things).” (Quran 49:13)
The Messenger of God declared in his farewell sermon,
addressing the largest gathering in Arab history till that point:
“People, hear that your Lord is One, and that your
father is one. You must know that no Arab has superiority over a non-Arab, no non-Arab
has superiority over an Arab, or a red man over a black man, or a black man
over a red, except in terms of what each person has of piety. Have I delivered
the message?”
An example of the preservation of the human dignity of
non-Muslims is the right that their feelings be respected, for example, that
they are shown good manners in speech and debate in obedience to the divine
command:
“And dispute you not with the People
of the Scripture, except in the best way, unless it be with those who do wrong,
but say, ‘We believe in the revelation which has come down to us and in that
which came down to you; our God and your God is One; and it is to Him we submit
(in Islam).’” (Quran 21:46)
Non-Muslims have the right not to have their religious
beliefs mocked. It may not be an exaggeration to state that no other religion
or sect in the world is as fair as Islam to people of other faiths. For example,
let us look at a verse from the Quran:
“Say, ‘Who gives you sustenance from
the heavens and the earth?’ Say, ‘It is God; and it is certain that either we or
you are on the right guidance or in manifest error.’” (Quran 34:24)
The verse ends with what Arabs linguists call a
rhetorical question whose answer is common knowledge to the intended audience.
The verse blends certainty with doubt: Muslims following guidance and the error
of the unbelievers is presented as something doubtful. In doing so, God emphasizes
the truth by allowing the reader to draw his own conclusion. God does not
state in this verse who is following guidance and who is not. The verse treats
the fictitious “opponent” with justice by presenting the argument and allowing
the listener to judge. Az-Zamakhshiri, a classical linguist and exegete of the
Quran, elaborates this point:
‘This is
equitable speech: whoever hears it, supporter or opponent, will tell the person
to whom the speech is directed that the speaker has treated him justly. It
draws the listener to the inevitable conclusion, after the argument has been presented,
that there is no doubt about who is following guidance and who is in error. Suggestion
of the facts, as if the question were a conundrum, provides a more cogent proof
of the truth, the opponent being gently disarmed, without resort to heated quarrelling.’
An example of the style employed by the Quran would be
someone saying in a debate, ‘God knows who is telling the truth and who is a
liar.’
God has also forbidden Muslims from speaking ill of the
gods and deities worshipped by non-Muslims so that they do not speak ill of the
One, True God. It will be difficult to find a similar example in any scripture
of the major world religions. If the polytheists were to hear Muslims speak
ill of their gods, it might lead them to speak ill of Allah (the personal and
proper Name of God). Also, if Muslims were to speak ill of pagan gods, it
might instigate the polytheists to soothe their wounded feelings by hurting the
feelings of Muslims. Such a scenario is against human dignity of both sides
and would lead to mutual rejection and hatred. God says in the Quran:
“Do not revile those whom they call upon besides God, lest
they revile God out of spite in their ignorance. Thus, We have made alluring
to each people its own doings. In the end will they return to their Lord and
He shall then tell them the truth of what they did.” (Quran 6:108)
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The Rights of Non-Muslims in Islam (part 4 of 13): Right to Preservation of Dignity as Human Beings II
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Description: The right of non-Muslims to preservation of their human dignity with discussion of historical precedents and textual evidence.
By IslamReligion.com (Originally by Dr. Saleh al-Aayed)
- Published on 10 Jul 2006 - Last modified on 19 Feb 2008
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Another example of how Islam gives regard to human
dignity in the following example. A famous story illustrates the degree to
which the caliphs of early Islam protected the dignity of non-Muslims. Amr ibn
al-As was the governor of Egypt. One of his sons beat up a Coptic Christian
with a whip, saying, ‘I am the son of a nobleman!” The Copt went to Umar ibn
al-Khattab, the Muslim caliph who resided in the city of Medina, and lodged a
complaint. These are the details as related by Anas ibn Malik, the personal
servant of the Prophet in his lifetime:
“We were sitting with Umar ibn al-Khattab when an
Egyptian came in and said, ‘Commander of the Faithful, I come to you as a
refugee.’ So, Umar asked him about his problem and he answered, Amr had a
custom of letting his horses run free in Egypt. One day, I came by riding my
mare. When I passed by a group of people, they looked at me. Muhammad, the
son of Amr got up and came to me, saying, ‘I swear by the Lord of the Kaaba,
this is my mare!’ I responded, ‘I swear by the Lord of the Kaaba, the mare is
mine!’ He came up to me and began beating me with a whip, saying, ‘You may
take her, because I am the son of a nobleman (meaning I am more generous than
you).’ The incident got to Amr, who feared that I might come to you, so he put
me in jail. I escaped, and here I am before you.”
Anas continued:
“I swear by God, the only response Umar made was to tell
the Egyptian to take a seat. Then, Umar wrote a letter to Amr, saying, ‘When
this letter reaches you, come and bring me your son, Muhammad.’ Then he told
the Egyptian to stay in Medina until he was told Amr has arrived. When Amr
received the note, he called his son and asked him, ‘Did you commit a crime?’ His
son stated he has not. Amr asked, ‘Then why is Umar writing about you?’ They
both went to Umar.”
Anas narrates the incident further:
“I swear by God, we were sitting with Umar, and Amr
arrived wearing the clothes of common people. Umar looked around for the son,
and saw him standing behind his father (to appear less conspicuous). Umar
asked, ‘Where is the Egyptian?’ and he responded, ‘Here I am!’ Umar told him,
‘Here is the whip. Take it and beat the son of the nobleman.’ So he took it
and beat him vigorously, while Umar said over and over, ‘Beat the son of the
nobleman.’ We did not let him stop until we were satisfied he had beaten him
enough. Then, Umar said, ‘Now you must take it and hit me on my bald head. This
all happened to you because of my power over you.’ The Egyptian responded, ‘I
am satisfied and my anger has cooled.’ Umar told him, ‘If you had beaten me, I
would not have stopped you until you had wished to. And you, Amr, since when
have you made the people your slaves? They were born free.’ Amr began to
apologize, telling him, ‘I did not know that this is what happened.’ So, Umar
said turned back to the Egyptian, telling him, ‘You may go, and be guided. If anything
untoward happens to you, write to me.’”
Such was Umar who said when first chosen as Caliph, ‘The
weak will be made strong, because I take for them what is their right. And the
strong will be made weak because I will take from them what is not rightfully
theirs.’ History has recorded him as a just ruler because of his equity
towards the oppressed, regardless of their social status, and because of his
firmness against the oppressor, regardless of their rank.
‘The value of this story is that it records how people
had a sense of their humanity and dignity under the rule of Islam. Even an
unjust blow was disapproved and despised. Many incidents of injustice similar
to this story occurred at the time of the Byzantine Empire, but nobody moved to
rectify them. However, under the protection of the Islamic state, we see an
example of an oppressed person having the conviction of his dignity and access
to his rights so strong that he was willing to undertake the hardship and
privation of a trip from Egypt to Medina, because of his trust that he would
find someone to listen to his compliant.’
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The Rights of Non-Muslims in Islam (part 5 of 13): The Right to Freedom of Belief I
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Description: Islam gives members of other faiths the right to practice their faiths. A historical analysis of Islamic principle of ‘No compulsion in religion.’
By IslamReligion.com (Originally by Dr. Saleh al-Aayed)
- Published on 17 Jul 2006 - Last modified on 01 Apr 2008
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_-_The_Right_to_Freedom_of_Belief_I_001.jpg) Islam does not compel people of other faiths to convert. It
has given them complete freedom to retain their own faith and not to be forced
to embrace Islam. This freedom is documented in both the Quran and the
prophetic teachings known as Sunnah. God addresses the Prophet Muhammad in the
Quran:
“If it had been your Lord’s will, they would all have believed
– all of who are on earth! Will you then compel humankind, against their will,
to believe?” (Quran 10:99)
Prophet Muhammad, may the mercy and blessings of God be
upon him, would give people a choice between entering Islam and retaining their
religion. He would ask them to accept Islam only after making an agreement with
them, once they had become residents in the Islamic state and felt secure about
their personal safety and property. This allowed them to appreciate the
security of the covenant with God and His Prophet. It is precisely for this
reason that the non-Muslim citizens are referred to as dhimmis.
When the Prophet of God sent a commander of an army or a battalion off to war,
the Prophet would command him to be conscious of God in his conduct and to treat
his Muslim companions well. Then the Prophet of Mercy would instruct him:
“Set out for battle for the sake of God and fight
those who disbelieve in Him. Go into battle, but do not go to extremes, behave
treacherously, mutilate their dead, or kill children. When you meet your
enemies, the unbelievers, offer them three options, and accept any one of them to
which they agree and cease the battle:
(a) Invite them
to join Islam. If they agree, then accept this and cease the battle. Then invite
them to move from their lands to the Land of the Immigrants (Medina), and
inform them that if they do so, they will have the same privileges and
obligations as the other migrants. If they refuse to migrate from their lands,
inform them that they will have the same status as the nomadic Muslims: that
they will be subject to the Law of God which applies to all Muslims, and that they
do not have a share in wealth obtained from conquest, unless they participate
in the jihad with the Muslims.
(b) If they
refuse, then ask them to pay the jizyah, and if they agree, then accept it from them and cease
the battle.
(c) If they
refuse all this, then seek God’s help and battle with them.’”
These directives of the Prophet were in obedience to
what God says in the Quran:
“Let there be no compulsion in religion; truth stands clear
from error: whoever rejects false gods and believes in God has grasped the most
trustworthy hand-hold that never breaks. And God hears and knows all things.”
(Quran 2:256)
Edwin Calgary, an American scholar, wrote about this
verse, ‘There is a verse in the Quran that is filled with truth and wisdom, and
it is known to all Muslims. Everyone else should know it as well; it is the
one that says there is no compulsion in religion.’
This verse was revealed concerning some of the residents
of Medina. When none of the children of the pagan women of Medina survived
infancy, they would make a vow to make the child a Jew or a Christian if he
lived. When Islam came to Medina, they had adult children who were Jewish or
Christian. The parents tried to compel them to embrace the new religion, so
this verse was revealed to prevent them from doing so. The verse and the
history of its revelation reveals that it is not permissible to force anyone to
become a Muslim. This is the case even if it is the parent who wants the best
for their offspring, and their children become members of another religion. The
Quran rejects forcing anyone to join Islam.
God says in the Quran:
“Say, ‘The truth is from your Lord,’ let him who will, believe
and let him who will, reject, it. For the wrongdoers We have prepared a Fire
whose (smoke and flames are) like the wall and roof of a tent, will hem them
in: if they implore relief they will be granted water like molten brass that
will scald their faces. How dreadful the drink! How uncomfortable a couch to
recline on!” (Quran 18:29)
Not only does Islam give the freedom of religious
freedom to non-Muslims, its tolerant law extends to the preservation of their
places of worship. God says in
the Quran:
“(They are) those who have been evicted from their homes
without right — only because they say, ‘Our Lord is God.’ And was it not that
God checks the people, some by means of others, there would have been
demolished monasteries, churches, synagogues, and mosques in which the name of
God is much mentioned (praised). And God will surely support those who support
Him (meaning His cause). Indeed, God is Powerful and Exalted in Might.” (Quran
22:40)
The Muslim caliphs used to order their military leaders
who went on military campaigns to take steps to guarantee this matter. The
first example is the command of Abu Bakr to Usamah bin Zayd:
‘I command you to do ten things: kill no woman, no child,
nor an elderly person; do not cut down fruit trees, or vandalize homes, or
wound a sheep or camel except if you must eat it; do not drown a palm tree, or
burn it, do not be treacherous; do not be cowardly; and you will pass by people
who have devoted themselves to monastery life; leave them alone to their
devotions.’
The second example is the treaty of Umar ibn al-Khattab
with the people of Iliya of Jerusalem:
‘This is the
security given by the slave of God, Umar, the Commander of the Faithful, to the
people of Iliya: they are guaranteed the security if their persons, possessions,
churches, crucifixes, and everyone within, whether sick or in good health, as
well as everyone in their community. Their churches will not be occupied or
demolished, nor will anything be taken from them: neither furnishings nor crucifixes
or money. They will not be forced away from their religion, or harmed because
of it. They will not be occupied by the Jewish settlers in Iliya.’
As a result, since the era of the rightly-guided caliphs,
Jews and Christians have held their services in freedom and security.
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The Rights of Non-Muslims in Islam (part 6 of 13): The Right to Freedom of Belief II
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Description: Islam gives members of other faiths the right to practice their faiths. A historical analysis of Islamic principle of ‘No compulsion in religion.’ Part 2.
By IslamReligion.com (Originally by Dr. Saleh al-Aayed)
- Published on 17 Jul 2006 - Last modified on 10 Feb 2007
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Muslims protected Christian churches in the lands they
occupied from being harmed. In a letter to Simeon, the Archbishop of
Rifardashir and leader of all the bishops of Persia, the Nestorian Patriarch
Geoff III wrote:
‘The Arabs, to whom God has given power over the whole
world, know how wealthy you are, for they live among you. In spite of this,
they do not assail the Christian creed. To the contrary, they have sympathy
with our religion, and venerate our priests and saints of our Lord, and they
graciously donate to our churches and monasteries.’
One of the Muslims caliphs, Abdul-Malik, took the Church of John from the Christians and made it part of a mosque. When Umar bin Abdulaziz
succeeded him as the new Caliph, the Christians complained to him about what
his predecessor had done to their church. Umar wrote to the governor that the
portion of the mosque that was rightfully theirs be returned to them if they
were unable to agree with the governor on a monetary settlement that would
satisfy them.
The Wailing Wall in Jerusalem is known to historians to
be the one of the holiest places of worship in Judaism. Some time ago, it was
completely buried under rubble and heaps of debris. When the Ottoman caliph
Sultan Sulayman came to know of this, he ordered his governor in Jerusalem to
remove all the rubble and debris, clean the area, restore the Wailing Wall, and
make it accessible for Jews to visit.
Unbiased Western historians acknowledge these facts. LeBon
writes:
‘The tolerance of Muhammad towards the Jews and
Christians was truly grand; the founders of other religions that appeared
before him, Judaism and Christianity in particular, did not prescribe such
goodwill. His caliphs followed the same policy, and his tolerance has been
acknowledged by skeptics and believers alike when they study the history of the
Arabs in depth.’
Robertson wrote:
‘The Muslims alone were able to integrate their zeal for
their own religion with tolerance for followers of other religions. Even when
they bore swords into battle for freedom for their religion to spread, they
left those who did not desire it free to adhere to their own religious
teachings.’
Sir Thomas Arnold, an English Orientalist, wrote:
‘We never heard of a report of any planned attempt to
compel non-Muslim minorities to accept Islam, or any organized persecution
aimed at uprooting the Christian religion. If any of the caliphs had chosen
any of these policies, they would have overwhelmed Christianity with the same
ease with which Ferdinand and Isabella exiled Islam from Spain, or with which Louis XIV made following Protestantism a punishable crime in France, or with which the Jews were exiled from England for 350 years. A that time Eastern churches
were completely isolated from the rest of the Christian world. They had no
supporters in the world as they were considered heretical sects of Christianity.
Their very existence to this day is the strongest evidence of the policy of
Islamic government’s tolerance towards them.’
The American author, Lothrop Stoddard wrote, ‘The caliph
Umar took the utmost care to tend to the sanctity of the Christian holy places,
and those who became caliph after him followed his footsteps. They did not
harass the many denominations of pilgrims who came annually from every corner
of the Christian world to visit Jerusalem.’
The reality is that non-Muslims were treated with more
tolerance among the Muslims than anything they experienced with other sects of
their own religion. Richard Stebbins spoke of the Christian experience under
the rule of the Turks:
‘They
(the Turks) allowed all of them, Roman Catholics and Greek Orthodox, to
preserve their religion and follow their consciences as they chose: they
allowed them their churches to perform their sacred rituals in Constantinople and many other places. This is in contrast to what I can testify to from
living in Spain for twelve years; not only were we forced to attend their
Papist celebrations, but our lives and the lives of our grandchildren were in
danger also.’
Thomas Arnold mentions in his ‘Invitation to Islam’ that
there were many people in Italy at that time who longed for Ottoman rule. They
wished they could be granted the same freedom and tolerance that the Ottomans
gave to their Christian subjects, for they had despaired of achieving it under
any Christian government. He also mentions that a great many Jews fled persecution
in Spain at the end of the 15th century and took refuge in Ottoman Turkey.
It is worthwhile to reemphasize the following point. The
existence of non-Muslims for centuries across the Muslim world, from Moorish
Spain and Sub-Saharan Africa to Egypt, Syria, India, and Indonesia are clear evidence of the religious tolerance extended by Islam to people of other faiths.
This tolerance even led to the elimination of Muslims, such as in Spain, where the remaining Christians took advantage of Muslim weakness, attacked them, and wiped
them out from Spain by either killing them, forcing them to convert, or
expulsion. Etienne Denier wrote, ‘The Muslims are the opposite of what many
people believe. They never used force outside of the Hejaz.
The presence of Christians was evidence of this fact. They retained their
religion in complete security during the eight centuries that the Muslims ruled
their lands. Some of them held high posts in the palace in Cordoba, but when
the same Christians obtained power over the country, suddenly their first
concern was to exterminate Muslims.’
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The Rights of Non-Muslims in Islam (part 7 of 13): The Right to Follow Their Religious Laws
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Description: The right of non-Muslims to follow their own laws and are not under compulsion to follow Islamic Law.
By IslamReligion.com (Originally by Dr. Saleh al-Aayed)
- Published on 25 Jul 2006 - Last modified on 13 Jun 2007
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_-_The_Right_to_Follow_Their_Religious_Laws_001.jpg) Islam does not compel non-Muslims citizens living in
Muslim lands to be ruled by Islamic Laws. They are exempt from paying the
zakah.
Under Islamic Law, a Muslim who does not pay the zakah and refuses its
obligation becomes an unbeliever. Also, Islamic Law requires military duty
from able Muslims, but non-Muslims are exempt from it, even though it is of
benefit to Muslims and non-Muslims alike. In return for these two exemptions,
non-Muslim citizens pay a nominal tax known as jizya. Sir Thomas Arnold wrote,
‘The jizya was so light that it did not constitute a burden on them, especially
when we observe that it exempted them from compulsory military service that was
an obligation for their fellow citizens, the Muslims.’
Islam also permitted non-Muslims to observe their civil
law in matters such as marriage and divorce. Regarding criminal justice,
Muslim jurists would pass sentences on non-Muslims in issues considered sinful
in their religion such as theft, but exempted them from issues they held to be
permissible such as drinking wine and eating pork.
This is based clearly of the practice of the Prophet himself when he first
came to Medina and established a ‘constitution’. He allowed for individual
tribes who were not Muslims to refer to their own religious scriptures and
their learned men in regards to their own personal affairs. They could though,
if they opted, ask the Prophet to judge between them in their matters. God
says in the Quran:
“…If they do come to you, either judge between them or decline
to interfere…” (Quran 5:42)
Here we see that Prophet allowed each religion to judge
in their own matters according to their own scriptures, as long as it did not
stand in opposition to articles of the constitution, a pact which took into
account the greater benefit of the peaceful co-existence of the society.
Umar ibn Abdulaziz, a Muslim ruler, found it hard to
accept how non-Muslims continued to follow their social regulations that went
against the Islamic injunctions. He wrote a letter to Hasan al-Basri
seeking his legal advice, saying, ‘How is it that the Rightly-Guided Caliphs
before us left the People of the Covenant as they did, marrying close relatives,
and keeping pigs and wine?’ Hasan’s responded, ‘They paid the jizya so that
they could be left to practice what they believed, and you may only follow the Islamic
Law, not invent something new.’
The People of the Covenant had their own courts to
settle their disputes, but if they wished, they could resort to Islamic courts.
God commanded His Prophet:
“So if they come to you, (O Muhammad), judge between them or
turn away from them. And if you turn away from them never will they harm you
at all. And if you judge, judge between them with justice. Indeed, God loves
those who act justly.” (Quran 5:42)
Adam Metz, a Western historian, writes in the Islamic
Civilization in the Fourth Century of the Hegira:
“Since
the Islamic Law was specifically for Muslims, the Islamic state allowed the
people of other religious affiliations to their own courts. What we know about
these courts is that they were church courts and prominent spiritual leaders
were the chief justices. They wrote a great number of books on canon law, and their
rulings were not confined to matters of personal status. They included such
problems as inheritance and much of the litigations between Christians that did
not involve the state.”
Therefore, it can be seen that Islam did not punish
non-Muslims for doing what they viewed as permissible according to their
religious law, such as consuming alcohol or eating pork, even though they are
forbidden in Islam. The tolerance extended by Islam towards non-Muslims is
unmatched by any other religious law, secular government, or political system
in existence even today. Gustav LeBon writes:
“The
Arabs could have easily been blinded by their first conquests, and committed
the injustices that are usually committed by conquerors. They could have
mistreated their defeated opponents or forced them to embrace their religion,
which they wished to spread all over the world. But the Arabs avoided that. The
early caliphs, who had a political genius that was rare in proponents of new
religion, realized that religions and systems are not imposed by force. So
they treated the people of Syria, Egypt, Spain, and every country they took
over with great kindness, as we have seen. They left their laws, regulations,
and beliefs intact and only imposed on them the jizya, which was paltry when
compared to what they had been paying in taxes previously, in exchange for
maintaining their security. The truth is that nations had never known
conquerors more tolerant than the Muslims, or a religion more tolerant than Islam.”
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The Rights of Non-Muslims in Islam (part 8 of 13): The Right to Justice I
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Description: Examples of Islamic justice towards non-Muslims and justice as a right.
By IslamReligion.com (Originally by Dr. Saleh al-Aayed)
- Published on 25 Jul 2006 - Last modified on 08 Oct 2006
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_-_The_Right_to_Justice_I_001.jpg) God requires Muslims to be just in all their affairs and
to act equitably towards everyone. God says:
“And the sky He has raised; and He has set the Balance (of
justice), that you may not exceed the (due) balance. But observe the measure
strictly, nor fall short thereof.” (Quran 55:7-10)
Muslims are divinely ordained to act with justice, even
if it means acting against themselves or those close to them, as the Quran
states:
“O you who have believed, persistently stand firm in justice,
witnesses for Allah, even if it be against yourselves or parents and relatives.
Whether one is rich or poor, Allah is more worthy of both. So follow not
[personal] inclination, lest you not be just. And if you distort [your
testimony] or refuse [to give it], then indeed Allah is Ever-Acquainted with
what you do.” (Quran 4:135)
God requires that we apply justice at all times:
“Indeed, Allah commands you to render trusts to whom they are
due, and when you judge between people, to judge with justice. Excellent is
that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.”
(Quran 4:58)
Islamic justice towards non-Muslims is multifaceted. Islam
gives them the right to go before their own courts; it also guarantees them
equality in seeking justice with Muslims, if they choose to present their case
in an Islamic court. God says:
“So, if they come to you, (O Muhammad), judge between them, or
turn away from them. And if you turn away from them – never will they harm you
at all. And if you judge, judge between them with justice. Indeed, Allah
loves those who act justly.” (Quran 5:42)
If a Muslim were to steal from a non-Muslim dhimmi, he
would be liable to the same punishment as the dhimmi would have been had he
stolen from the Muslim. If a Muslim were to rape a dhimmi woman, he would be
liable to the same punishment as that for raping a Muslim woman. Similarly, a
Muslim is liable to receive a sentence for defamation if he slanders a man or
woman protected under the covenant.
Islamic history has some beautiful examples of justice
meted out by Muslims towards non-Muslims. A man named Ta’ima stole a suit of armor
from Qataada, his neighbor. Qataada had hidden the armor inside a sack of flour
so, when Ta’ima took it, the flour leaked out of the sack through a hole,
leaving a trail up to his house. Ta’ima then left the armor in the care of a
Jewish man named Zayed, who kept it in his house, in order to conceal his
crime. Thus, when the people searched for the stolen armor, they followed the
trail of flour to Ta’ima’s house but did not find it there. When confronted, he
swore to them he had not taken it and knew nothing about it. The people
helping the owner also swore that they had seen him breaking into Qataada’s house
at night, and had subsequently followed the tell-tale trail of flour, which had
led them to his house. Nevertheless, after hearing Ta’ima swearing he was
innocent, they left him alone and looked for further clues, finally finding a
thinner trail of flour leading to the house of Zayed, and so arrested him.
The Jewish man told them that Ta’ima had left the armor
with him, and some Jewish people confirmed his statement. The tribe to which
Ta’ima belonged sent some of their men to the Messenger of God to present his
side of the story, and asked them to defend him. The delegation was told, ‘If you
do not defend our clansman, Ta’ima, he will lose his reputation and be punished
severely, and the Jew will go free.’ The Prophet was subsequently inclined to
believe them, and was about to punish the Jewish man when God revealed the
following verses of the Quran to vindicate the Jew.
The verse continues to be recited by Muslims today as a reminder that justice
must be served for all:
“Indeed, We have revealed to you, (O Muhammad), the Book in
truth so you may judge between the people by that which God has shown you. And
do not be an advocate for the deceitful. And seek forgiveness of God. Indeed,
God is ever Forgiving and Merciful. And do not argue on behalf of those who
deceive themselves. Indeed, God loves not one who is a habitually sinful
deceiver. They conceal [their evil intentions and deeds] from the people, but
they cannot conceal [them] from God, and He is with them (in His knowledge)
when they spend the night in such as He does not accept of speech. And God ever
is encompassing of what they do. Here you are – those who argue on their
behalf in [this] worldly life – but who will argue with God for them on the Day
of Resurrection, or who will [then] be their representative?” (Quran 4:105-109)
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The Rights of Non-Muslims in Islam (part 9 of 13): The Right to Justice II
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Description: Further examples of Islamic justice towards non-Muslims and justice as a right.
By IslamReligion.com (Originally by Saleh al-Aayed)
- Published on 31 Jul 2006 - Last modified on 08 Oct 2006
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Category: Articles
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_-_The_Right_to_Justice_II__001.jpg) Once, a dispute arouse between Ali bin Ali Talib, when he
was the Caliph, and a Jewish man who went to Judge Shuray al-Kindi. Shuray tells
the details of what happened:
“Ali found he was missing a suit of mail, so he went
back to Kufa and found it in the hands of a Jewish man who was selling it in
the market. He said, ‘O Jew! That suit of mail is mine! I did not give it
away or sell it!’
The Jew responded ‘It is mine. It is in my possession.’
Ali said, ‘We will have the judge rule on this for us.’
So they came to me and Ali sat next to me and said,
‘That suit of mail is mine; I did not give it away or sell it.’
The Jew sat in front of me and said, ‘That is my suit of
mail. It is in my possession.’
I asked, ‘O Commander of the Faithful, do you have any
proof?’
‘Yes,’ Ali said. ‘My son Hasan and Qanbar can testify
that it is my suit of mail.’
I said, ‘Commander of the Faithful, the testimony of a
son in his father’s favor is not admissible in court.’
Ali exclaimed, ‘How Perfect is God! You cannot accept the
testimony of a man who has been promised Paradise? I heard the Messenger of
God saying that Hasan and Husain are the princes of the youth in Paradise.’
The Jewish man said, ‘The Commander of the Faithful
takes me before his own judge and the judge rules in my favor against him! I
bear witness that no one deserves worship except God and that Muhammad is His
Messenger [the Jewish man accepted Islam], and that the suit of armor is yours,
Commander of the Faithful. You dropped it at night and I found it.’
Another amazing story of Muslim justice towards
non-Muslims pertains to the conquest of the city of Samarkand. Qutayba, the
Muslim military general, had not given the residents of Samarkand a choice
between accepting Islam, entering into a protective covenant with the Muslims,
or to accept fighting at the time. Years after the conquest, the people of Samarkand lodged a complaint with ‘Umar bin Abdulaziz, the then current Muslim Caliph. Umar,
upon hearing their complaint, ordered the governor of the city to turn it over
to the people and vacate it, and then to give the people the three alternatives
to choose from. Astounded by this display of instant justice, many of the
residents of Samarkand embraced Islam!
We also read in history instances where the general
Muslim population was aware of the rights of the non-Muslim minorities and
would demand justice for non-Muslims from their rulers. Waleed ibn Yazeed, an
Omayyad Caliph, exiled the inhabitants of Cyprus and forced them to settle in Syria. The scholars of Islam did not approve his move at the time and declared it to be oppression
after the event. They brought the issue up with his son when he became Caliph
so that the people could be resettled in their native land once again. He
agreed to the proposal, and is thus known to be one of the fairest rulers of
the Umayyad dynasty. Another
similar historical instance is when the governor of Lebanon, Salih ibn Ali,
expelled an entire village of non-Muslims because some of them refused to pay
the land tax. The governor was a close advisor of the Caliph, yet Imam Awza’i,
a renowned Muslim scholar of Syria, came to their defense and wrote to letter
of protest. Part of the letter reads:
‘How can you collectively punish people for the misdeeds
of a few, going so far as to expel them from their homes? God states:
“No bearer of burdens will bear the burden of another.” (Quran
53:38)
It is the most compelling evidence to consider and
follow. And the most deserving command of the Prophet to preserve and follow
is:
“If anyone oppresses a dhimmi or burdens him with
something he can not bear, I will argue against him on the Day of Judgment”
They are not slaves whom one is able to take from one place
and move to another as one pleases. They are the free People of the Covenant.’
Secular writers and historians have been compelled to
acknowledge the justice of Islam towards non-Muslims in their midst. The
British historian, H.G. Wells, wrote the following:
‘They established great traditions of just tolerance. They
inspire people with a spirit of generosity and tolerance, and are humanitarian
and practical. They created a humane community in which it was rare to see
cruelty and social injustice, unlike any community that came before it.’
Discussing the Christian sects at the beginning centuries
of Islamic rule, Sir Thomas Arnold writes:
‘Islamic principles of tolerance forbade these actions
[mentioned previously], that always involved some oppression. Muslims were the
opposite of others, and it appears that they spared no effort in treating all
of their Christian subjects with justice and equity. An example was the
conquest of Egypt, when the Jacobites took advantage of the removal of the
Byzantine authorities to dispossess the Orthodox Christians of their churches.
The Muslims returned them to their rightful owners when the Orthodox Christians
presented them with proof of ownership.’
Amari, a Sicilian Orientalist, observed:
‘At the time of the Muslim Arab rule, the conquered
inhabitants of the island of (Sicily) were comfortable and content compared to
their Italian counterparts, who were collapsing under the yoke of the
Langiornians and Franks.’
Nadhmi Luqa commented:
‘No law can eradicate injustice and prejudice better
than one that states:
“…and do not let the hatred of a people prevent you from being
just.” (Quran 5:8)
Only when a person holds himself to these standards, settling
for no other, and devotes himself to a religion with these lofty principles and
rectitude, accepting no other… only then can he claim to have honored himself.’
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The Rights of Non-Muslims in Islam (part 10 of 13): Security of Life, Property, and Honor
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Description: Protection of life, property, and honor of non-Muslims under Islamic Law.
By IslamReligion.com (Originally by Saleh al-Aayed)
- Published on 07 Aug 2006 - Last modified on 08 Oct 2006
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Islamic Law protects basic human rights like the
preservation of life, property, and honor for Muslims and non-Muslims alike. Whether
the non-Muslims are residents or visitors, they are guaranteed these rights. These
rights cannot be taken away except in a justified case permitted by law. For
instance, a non-Muslim may not be killed unless he is guilty of killing. God
says:
“Say, ‘Come, I will recite what your Lord has prohibited to
you. (He commands) that you not associate anything with Him, and to parents,
good treatment, and do not kill your children out of poverty; We will provide
for you and them. And do not approach immoralities – what is apparent of them
and what is concealed. And do not kill the soul which God has forbidden [to be
killed] except by [legal] right. This has He instructed you that you may use
reason.’” (Quran 6:151)
The Prophet of Islam declared that the life of
non-Muslims residents or visit | | |
