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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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