Rights of Non-Muslims Under Islamic Governance(part 1)

Recently many people were non-Muslamis want to know the rights of non-Muslims in the Islamic state wherefore collected some of the things appointed recording indicates the rights of non-Muslims in the rule of the Islamic state and the rule of evidence from the holy quran and sunnah..

1) Right to life. The Ahl adh-Dhimmah [non-Muslim citizens of Darul Islam] and muaa’hideen i.e. those who have a permit to pass through granted by other Muslims or the government, must not be harmed in any way. They should even be protected against foreign invading enemies. A’bdullah ibn U’mar reported that the Prophet (saw) said “Whoever kills a muaa’hid will not smell the fragrance of paradise, yet its fragrance can be smelt at a distance of forty years journey.” (BUKHAARI) and Abu Bakrah reported that the Prophet (saw) said “If anyone kills a man whom he has granted protection pre-maturely, Allah will forbid him to enter paradise.” (ABU DAWOOD) and “Anyone who kills a dhimmi will not smell the fragrance of the garden.” (NASAA’I) and Allah (swt) says “…if anyone killed a person not in retaliation for murder or for spreading corruption on the earth, it would be as if he had killed the whole of mankind…(al Maai’dah 5:32) and A’li reported the following hadeeth “...nor should one who has been given a covenant be killed while his covenant holds.” (AHMAD, ABU DAWOOD, NASAA’I and graded ‘saheeh’ by AL HAAKIM) The classical Islamic scholar, Imaam Ibn Hazm of the Zaahiri school of law said ‘If one is a Dhimmi, and the enemy comes with his forces to take him, it is our obligation to fight the enemy with soldiers and weapons and to give our lives for him, thus honouring the guarantee of Allah and his messenger. To hand him over to the enemy would mean to dishonour this guarantee.’ (IBN HAZM in ‘Maratib al Ijma’) Look how different this noble and merciful law is compared to the nationalistic and hateful laws and policies of secular nations such as the USA and Britain who regularly massacre thousands of citizens of foreign nations through the means of Weapons of Mass destruction. For ten years Iraq was regularly bombed by the USA and Britain and then came the second invasion of Iraq which massacred at least 10,000 innocent civilians including many women and children. Let us also look to those assassinations performed by the American C.I.A. which we can accurately call the murder of people who have had no trial and no proven crime, what kind of law of the jungle does man made law allow? Look to all of those evil, oppressive, secular regimes in the Muslim world which murder their own citizens while being equipped and supported knowingly by the likes of France, Britain and the USA.

2) Not to be harmed or tortured by the government or any Muslim citizen even during cases of imprisonment for proven crimes except in matters such as retaliation for proven crimes according to shari’ah laws. It is reported that the Prophet (saw) said “He who hurts a dhimmi [non-Muslim citizen of darul Islam] hurts me and he who hurts me annoys Allah.(TABARAANI in ‘Mujam al Awsaat’)

and “Whoever hurts a dhimmi, I am his adversary, and I shall be an adversary to him on the Day of Rising.(AL KHATEEB)

and “On the Day of Resurrection I shall dispute with anyone who oppresses a person from among the People of the Covenant, or infringes on his right, or puts a responsibility on him which is beyond his strength or takes something from him against his will.”               (ABU DAWOOD) The classical Islamic scholar of the Maaliki school of law, Imaam al Quraafi said ‘The covenant of protection imposes upon us certain obligations towards the ahludh-Dhimmah, they are our neighbours under our shelter and protection upon the guarantee of Allah, His messenger and the religion of Islam. Whoever violates these obligations against any one of them by so much as an abusive word, by slandering his reputation or by doing him some injury or assisting in it, has breached the guarantee of Allah, His messenger and the religion of Islam.’ (QURAAFI ‘Kitaab al Furooq’) Let us compare these merciful and peaceful guarantee of rights with those evil regimes such as the government of the USA which captures civilians from sovereign nations with no trial and no evidence and then holds them against their will in torture camps, where they are regularly beaten and where their beliefs are mocked. Look at the history of British colonialism and how it invaded so many lands for economic gain and would tie the indigenous peoples to cannons which they would then fire. Look at the barbaric, racist and secular state of Israel which regularly tortures the Muslim civilians and look to how the government department of trade and industry in Britain was exposed by its own media for assisting private companies to export torture weapons to anti-Islamic regimes in the middle-east so that they could torture Muslim people who call for Islamic law. Look at how in the public arena the Secular governments in the USA and Europe adopt a façade of human rights but in reality conceal a massive program of systematic murder and torture. O people of the world! Wake up to the justice of Islam and the evil of the regimes which oppress the world.

3) The Right to maintain their own religion and its rituals. The non-Muslim citizens of Darul Islam will not be forced to become Muslims. Indeed the Islamic belief is only valid when it is actually believed in. Allah (swt) says “There is no compulsion in religion, the right path has become distinct from the wrong path(al BAqarah 2:256)

4) Right to Food, Shelter and Clothing. i.e. The basic necessities of life. U’thmaan ibn A’ffaan reported that Nabi (saw) said “The son of Adam only has a right to three things, a house to live in, clothes to cover his nakedness, and dry bread and water.” (TIRMIDHI who said ‘hasan-saheeh’) This ruling does not only apply to the non-Muslims who are free but also to the slaves among them, as Abu Hurayrah reported that Nabi (saw) said “A slave is entitled to his food and clothing and he should not be burdened except with the work that he is capable of doing.” (MUSLIM, Bulooghul Maraam [no.977]) We contrast these human rights granted by Islam to the international economic policies of American and European governments which are happy to see millions of foreign nations starving to death as long as the import of luxury goods continues as those peoples lose out to corporate interference in their basic needs.

5) Right to security so that he/she can benefit from the Supremacy of the Islamic system and be called to Islam.

Allah (swt) saysAnd if anyone of the Mushrikoon seeks your protection, then grant him protection so that he may hear the Word of Allah, and then escort him to where he can be secure, that is because they are men who know not” (at Tawbah 9:6) Compare this to the governments of nations such Britain, France and the USA who are keen to propagate their way of life through force of bombs in some cases and in other cases are willing to support oppressive regimes which totally contradict the principles and rights they claim to stand for. However, these secular regimes make sure that their economic interests come first in allowing people into their countries as they have an annual limit of migration to their lands, indeed they seek to expel many people who sought refuge due to the evils of governments supported by American and British foreign policy. How different is the case with Islam which obliges the Muslim ruler to the one who seeks refuge from oppression of man-made law and tyranny.

6) Right to be called to the mercy of the Islamic belief and way of life. Allah (swt) says “(And remember) when Allah took a covenant from those who were given the Book to make it clear to mankind and not to hide it but they threw it away behind their backs and purchased with it some miserable gain. And indeed worst is that which they bought(aali I’mraan 3:187) and “Say: ‘O mankind! Verily I am sent to you all as the messenger of Allah’(al A’raaf 7:158) and Allah (swt) says “And We have sent you not but as a mercy to the a’lameen.” (al Anbiyaa 21:107)

7) The Right to have their wealth protected from theft and destruction by the Islamic authority and the Muslims in general. It is reported by Abu Hurayrah that the Prophet (saw) said “A thief is not a believer at the time of his stealing.(BUKHAARI, MUSLIM) and “It is prohibited for the Muslim to take (so much as) a stick without the consent of its owner.(IBN HIBBAAN)

8) The Right not to be exploited and robbed by the economic crime of Usury [Interest, Insurance etc] Allah (swt) prohibited the Muslims from receiving or giving usury either to Muslims or non-Muslims,Allah (swt) saysO you who believe! Have taqwa of Allah and give up what remains of usury, if you are truly believers, but if you do not then take notice of war from Allah and His messenger…” (al Baqarah 2:278-279) and Jaabir reported that “The Messenger of Allah (saw) cursed the devourer of usury, its payer, its scribe and its witnesses. And he said they are equal (in sin).” (MUSLIM) Compare this economic revolution of justice with the secular world economy which is dominated by the parasites of banking, interest, insurance and other slave contracts of deception where wealth is usurped for no return. Look how interest debt has led to millions of homeless and millions of starving people and state supported theft of people’s hard earned wealth. Look to all the social and crime problems associated with the consequences of interest debt.

9) Right not to be cheated by any contract of business or otherwise by any Muslim whether from the government or the general Muslim ummah. This applies also with regards to Peace Treaties, the jizya contract with the non-muslim citizens and it also applies in the absence of Darul Islam. A Muslim must never cheat anyone against the agreement he has made whether the contractor is a Muslim or non-Muslim. Allah (swt) says “O you who believe! Fulfil your contracts(al Maai’dah 5:1) and “Woe to those who give short measure. Those who when they have to receive measure from men, demand full measure. And when they have to give by measure or weight to men, give less than due.” (al Mutaffifeen 83:1-3) Compare this to the multi-national corporations which do not only cheat their own employees and countrymen out of their own wealth but are busy assisting imperial armies steal the wealth of foreign nations under the guise of reconstruction and development.

10) Not to be sold any defective goods while given the impression that such were functional. It is prohibited for a Muslim to conceal the defects of that which he sells, whether he sells to Muslims or Non-Muslims. Waathilah bin al Asqaa’a reported that Rasool Allah (saw) said “Whoever sells a defective thing without disclosing it continues to be under the Anger of Allah or Angels continue to curse him.(IBN MAAJAH)

11) Not to suffer the exploitation of Monopolies. This right includes the freedom from monopoly orientated or oligarchical restraints placed upon consumers and producers such as copyright, patent and other scandalous tools of monopoly. Ma’mar reported that Rasool Allah (saw) said “Whoever monopolizes is a sinner.” (MUSLIM) and U’mar reported that Rasool Allah (saw) said “...and the monopolizer is cursed.” (IBN MAAJAH, DAARIMI) and Mua’dh reported that he heard the Prophet (saw) say “Bad is he who monopolizes. If Allah makes commodities cheap, he becomes aggrieved and if He makes them become expensive, he becomes pleased.” (RAZEEN, BAYHAQI) Contrast this Islamic guarantee of economic growth, diversity and distribution with the way the secular States protect the monopolizing multi-natural corporations which prevent distribution, discovery and progress through greed and forceful control even if it means loss of millions of lives due to prevention to produce life saving medicine.

12) The Right to be treated with kindness and total justice when not acting with hostility to Islam and Muslims. Allah (swt) says “Allah does not forbid you to deal justly and kindly with those who fought not against you on account of religion nor drove you out of your homes. Verily, Allah loves those who deal with justice.” (al Mumtahinah 60:8)

and Allah (swt) says “And come not near to the orphans property except to improve it, until he attains maturity and give full measure and full weight with justice [bil qist]. We burden not any soul more than it can bear. And whenever you give your word, then do justice [faa’adiloo] even if a near relative is concerned, and fulfil the covenant of Allah, this He commands you that you may remember.”          (al Ana’m 6:152)

and “Verily, Allah commands justice and kindness nd giving to kinsfolk and forbids from fahsaa [lewdness] munkar [wrong] and baghi [rebellion]. He exhorts you that you may take heed.” (an Nahl 16:90)

13) To receive fair trial and judgement in any judicial proceeding. Allah (swt) says “…and when you judge between men, then judge with justice…” (an Nisaa’ 4:58) and “And do not eat up one another’s property unjustly nor give bribery to the judges that you may knowingly eat up a part of the property of others sinfully.” (al Baqarah 2:188)

Abu Hurayrah said “The Messenger of Allah (saw) cursed the one who bribes and the one who takes bribes to pass judgements.” (AHMAD, ABU DAWOOD, IBN MAAJAH, TIRMIDHI, NASAA’I, graded ‘saheeh’ by IBN HIBBAAN) and It is reported that the Prophet (saw) said “The curse of Allah is on the one who offers the bribe and on the judge who accepts it.” (AHMAD, TIRMIDHI, IBN HIBBAAN) and Thawbaan said “The Messenger of Allah (saw) cursed the one who offers the bribe, the one who receives it and the one who arranges it.” (AHMAD, AL HAAKIM) Let us view this most important of Islamic rights, the right to be judged fairly and according to the criteria of the Divine, Supreme and unchanging law, as compared to the man-made law in secular societies which is based upon random judgements from people gathered from the streets (i.e. juries) and ability to pay lawyers who will lie on behalf of the highest bidder and additionally the basis of that law itself which emanates from small groups of men legislating on behalf of minority elite interests at the expense and detriment of the majority of people, laws that change almost every day and by their nature are unable to decide what is right and what is wrong.

14) Right to be undisturbed by their non-Muslim neighbours, this applies also when Muslims are living in non-Muslim lands e.g. A Muslim should never make any noise to disturb his neighbours, nor damage their property and tranquility. Abu Hurayrah reported that Rasool Allah (saw) said “By Allah he does not believe, By Allah he does not believe, By Allah he does not believe!” Someone asked ‘Who O Rasool Allah?’ He (saw) replied “He whose neighbour is not safe from his mischief?” (BUKHAARI, MUSLIM)

Allah (swt) says “Worship Allah and join not any partners with Him and do good to parents, kinsfolk, orphans, those in need, neighbours who are near, the companions by your side, the wayfarer and what your right hands possess, for Allah loves not the arrogant the vain glorious.” (an Nisaa’ 4:36) The classical scholar of Tafseer [Quranic commentary] said concerning this verse, ‘As for the neighbour, Allah may He be exalted, has ordered us, in His Book and through his prophet, to protect him, to respect his rights and to care about his welfare. Do you not see that He, may He be glorified, has mentioned the neighbour after the parents and the close relatives, for He, may He be exalted, says, “neighbours who are near [al jar dhi’l qurba]” meaning those who are related to you and “neighbours who are strangers [al Jar al junub]” meaning those who are not related to you. This is the saying of Ibn A’bbaas (A companion of the Prophet who was expert in Quranic commentary)’ Imaam al Qurtubi also says ‘On this basis, concern for neighbours is a religious duty, regardless whether they are Muslim or disbeliever and this is the sound view.’ (QURTUBI ‘Al Jaami’ li Ahkaamil Quran’) and A’bdah ibn Ali Lubabah reported that the Prophet (saw) said “No action which harms a neighbour can be regarded as insignificant.” (IBN ABI SHAYBAH, TABARAANI in ‘Mujam al Kabeer’, ABU NUA’YM in ‘al Hilyatul Awliyaa’ from Umm Salamah) Compare this Islamic directive for social harmony, respect and tranquillity with the secular world which encourages its citizens to absolve themselves from responsibility while relying on a career pursuing paid police force. Look to how there are constant frictions and troubles in neighbourhoods where every man is for himself and rather than giving to his neighbours he is quick to take advantage of their vulnerability and weaknesses and even steal from them.

15) The Right to trade and increase wealth and not to be robbed of his/her personal property whether by force or deception. Allah (swt) says “And among His signs is the sleep that you take by night and by day and your seeking of His bounty. Verily, in that are indeed signs for people who listen.” (ar Room 30:23) and “...And you see the ships in it (the ocean), cleaving the waves, that you may seek of His bounty and that you may be thankful.” (Faatir 35:12) and “It is He Who has made the earth submissive to you, so traverse its paths and eat of what He provides you…” (al Mulk 67:15) and “…Allah has permitted trade and has forbidden usury…” (al Baqarah 2:282) and “…And give full measure and weight with justice...” (al Ana’m 6:152) and Allah (swt) says “Say: ‘Who has forbidden the adornments of Allah, which He has provided for his servants and the pure, good things for sustenance?’ Say: ‘They are in the life of this world for those who believe, and purely for them on the Day of Judgement...'” (al A’raaf 7:32) and “And He has subjected to you all that is in the heavens and on the earth…” (al Jaatheeyah 45:13) and “And give full measure when you measure and weigh with the straight balance that is most fitting and best in the final determinantion.(al Israa 17:35) and Khawlah al Ansaariyah reported that the Prophet (saw) said “Some men wrongfully acquire the property of Allah and they will go to Hell on the Day of Resurrection” (BUKHAARI)

16) To be fed by his Muslim neighbours if he is in need of food. Ibn A’bbaas reported that the Prophet (saw) said “He is not a believer, the one who eats to his fill whilst his neighbour besides him goes hungry” (BUKHAARI, HAAKIM, AL KHATEEB similar collected by AL BAZZAAR from Anas) and Abu Dharr reported that the Prophet (saw) said “Whenever you cook some stew add extra water to it, then look to some household in your neigbourhood and give it to them in kindness” (MUSLIM) Compare this to the common situation where people’s neighbours are found to have been dead in their houses for several days with no-one knowing nor showing concern.

Leave a Reply

Your email address will not be published. Required fields are marked *