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Tuesday 25 June 2013

Rights of Non-Muslim in ISLAM


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)
In the world we live in today, the Muslim faith called "Al-Islam" has unfortunately become the most misunderstood faith out of all religions. The primary reason being that anti Islamic propagandists and also some unaware/ignorant Muslims who do not understand Islam itself have given fuel to bigotry against this beautiful faith.

 We are making this post on rights which Islam gives to non-Muslims because currently this world is going through a very delicate phase as was already told by Prophet Muhammad (Peace be upon him) that near the hour there would be a lot of killing. The Prophet (Peace be upon him) rather analyzed this present situation very deeply when he said about 1450 Years ago



    The Killer would not know why he killed and the one who got killed would not know why he was killed [Two most authentic books of hadith i.e. Sahih Bukhari and Muslim  Hadith # 1356 in the latter]
     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)

 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)

Let us now see what Islam says about rights of non-Muslims.

Qur'an states: O mankind! 

We created you from a single (pair) of a male and a female, and made you”INTO NATIONS AND TRIBES” that ye may know each other (not that ye may despise (each other). Verily the most honoured of you in the sight of Allah is (he who is) the ”MOST RIGHTEOUS OF YOU” . And Allah has full knowledge and is well acquainted (with all things). [49:13]

Quran states at another place: Let there be no compulsion in religion: Truth stands out clear from Error: whoever rejects evil and believes in God hath grasped the most trustworthy hand- hold, that never breaks. And God heareth and knoweth all things. (2:256)

Islam does not allow assaulting a non-Muslim, violating his honor or property, or hurting him. If someone steals from a dhimmi, he must be punished.  If anyone borrows from a dhimmi, the property must be returned.  The Prophet of Islam said: “You must know that it is not lawful for you to take the property of the People of the Covenant unless it is (in payment) for something.”

The Prophet of Islam declared that the life of non-Muslims residents or visitor as inviolable when he said: “Whoever kills a person with whom we have a treaty, will not come close enough to Paradise to smell its scent, and its scent can be found as far away as forty years of travel.” (Saheeh Al-Bukhari)



He also said: “Indeed God, Mighty and Majestic, has not allowed you to enter the homes of the People of the Book except by their permission, nor has He allowed you to hit their women, nor eat their fruit if they give you what is obligatory upon them [from the jizyah].” (Abu Dawood)

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.

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.”

Allah says, to the nearest meaning in the English language,
وَمَا أَرْسَلْنَاكَ إِلَّا رَحْمَةً لِّلْعَالَمِينَ
"We have sent you as a mercy to all mankind" [TMQ Al-Anbiya: 107].

The way the Creator and therefore Muslims look upon the application and treatment of the Ahl Al-Dhimma is as a means by which practically convince them of Islam. This should not be understood to mean that we force non-Muslims to accept Islam, but we aim to convince, Allah says, again to the nearest meaning in the English language,

لاَ إِكْرَاهَ فِي الدِّينِ
"Let there be no compulsion in religion" [TMQ Al-Baqarah: 256].

Before directly answering your question, I feel it pertinent to clarify that the Ahl Al-Dhimma by definition are protected by a covenant.

The Messenger of Allah (sallAllahu alaihi wasallam) said:

"The one who kills a Mu'ahid without right he will not smell the fragrance of Paradise even if its smell was forty years travelling distance" [Ahmed].


During the rule of the second Khaleefah (Caliph) Umar bin al-Khattab, certain Muslims had stolen a piece of land belonging to a Jew and then constructed a mosque upon it. This clearly violated the rights of the Jew who was a dhimmi. Umar (ra) ordered the demolition of the mosque and the restoration of the land to the Jew.

Non-Muslims follow their religions regarding Food and Clothing

in matters of food and clothing, the Non-Muslims are allowed to follow their religions within the framework of public order.

Imam Abu Hanifah's madhab says: "It is agreed upon in Islam that the People of Dhimma, could drink liquor, eat pork and do what their religion allows for them within the scope of the Shari'ah."

So as long as these matters are kept private and do not enter the society, the Islamic State will not interfere in these personal matters. If, for example, a dhimmi opened a shop to sell alcohol then he would be punished according to the Shari'ah.


Punishment System
Muslims and non-Muslims are punished for crimes they have committed according to the Shari'ah. Again, there is no bias in the implementation of the punishments. The following examples clearly indicate this.

Muhammad (saw) said: "By Allah, if Fatimah the daughter of Muhammad stole, I would cut her hand."

Umar bin al-Khattab (ra), when he was Khaleefah, punished his own son.

Ibn Umar (ra) narrated: "Two Jews committed adultery and were brought to the Prophet (saw), and he ordered them stoned."

Anas narrated: "A Jew killed a girl with a rock, so the Messenger (saw) killed him."

Imam Abu Hanifah's madhab says: "If a Muslim kills anyone from the People of the Dhimma, then the killer deserves the same punishment, regardless of being male or female."

Non-Muslims are forbidden from holding positions of authority.

"And Allah will never give the unbelievers any way (of authority) against the believers" [TMQ An-Nisa: 141].

This ayah expresses the categorical prohibition of the non-Muslims (Kafir) from taking a post of authority over the Muslims. Furthermore, the non-Muslim does not have the right to participate in the election of the Khaleefah.

Areas where Non-Muslims cannot live

Non-Muslims are not allowed to live in the Arabian Peninsula because Umar (ra) heard the Messenger of Allah (saw) say: "I will expel the Jews and Christians from the Arabian Peninsula and will not leave any but Muslims" [Muslim].

Hadits
Narrated Abu Bakrah رضي الله عنه (May Allah be pleased with him): The Prophet صلى الله عليه وسلم (Peace be upon him) said: If anyone kills a Muaahid (Non-Muslim living in an Islamic State) with out any reason, Allah will forbid him to enter Paradise.

[Sunan Abu Dawood, Hadith no. 2760, Authentic]

Narrated Al−Miqdam ibn Madikarib رضي الله عنه (May Allah be pleased with him): The Prophet صلى الله عليه وسلم (Peace be upon him) said: Beware,Not Lawful for you the "Luqata" (fallen lost thing) of the Muaahid(Non-Muslim living in an Islamic State) except that he did not need it.

[Sunan Abu Dawood, Hadith no. 3804, Authentic]

Narrated Abdur Rahman bin Abi Laila رضي الله عنه (May Allah be pleased with him): Sahl bin Hunaif and Qais bin Sad were sitting in the city of Al-Qadisiya. A funeral passed in front of them and they stood up. They were told that funeral procession was of one of the inhabitants of the land i.e. of a non-believer, under the protection of Muslims. They said, "A funeral passed in front of the Prophet صلى الله عليه وسلم (Peace be upon him) and he stood up. When he was told that it was the coffin of a Jew, he said, "Is it not a Human Soul?"He said, "Whenever you see a funeral procession, you should stand up."

[Sahi Bukhari, Hadith no. 1311 and Hadith no. 1312]

Conclusion
By examining how the Shari'ah deals with the non-Muslims, we can see that the Khilafah, far from being something for non-Muslims to fear living under, is a State that will bring them out of the darkness and oppression of the Capitalist system and into the light and justice of Islam. It is this treatment of the non-Muslims by the Khilafah, which led numerous people to become Muslim. The extent of conversion was so great whole tribes came to embrace Islam in the Arabian Peninsula. Rulers of countries have actually been known to write to the Khaleefah requesting that Islam be implemented upon them. This is also the reason the Christians of Ash-sham fought alongside the Muslims against the Christian Crusaders who attacked the State. In India, in the 1920's, there were even Hindus who were part of the Khilafah movement trying to revive this State!

The glorious Qur'an states:

"When the Help of Allah and Victory comes. And you see the people enter Allah's deen in crowds. Celebrate the praises of your Lord and pray for His Forgiveness: for He is Oft-Returning in Grace and Mercy" [TMQ An-Nasr: 1-3].


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