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The legal position of
non-Muslims living under Islamic Law, which was set down by Islamic Law
over 1400 years ago, had made Muslim societies from Spain to India a model
for religious plurality and coexistence at a time when religious tolerance
was virtually unknown in the rest of the world.
Non-Muslims living
peacefully in Muslim lands can be divided into two categories. These are:
1. Non-Muslims living as citizens in Muslim lands (dhimmîs)
2. Non-Muslims who enter the Muslims lands temporarily with
a covenant of peace.
The dhimmîs live in the
Muslim land under a permanent covenant whereby they pay a fixed annual levy
in lieu of the protection of the state. In return, they are allowed to live
in peace and security without being obliged to engage in any military
service. This annual levy is also in lieu of the fact that they are exempt
from paying the Zakâh tax that Muslims are obliged to pay on their wealth,
since Zakâh is an act of devotion that can only be carried out by Muslims.
Historically, at times when
the Muslim government could not afford protection from enemies to the
non-Muslim citizens living in the outlying regions of the Muslim state,
this levy was returned to them in full.
They are citizens. Their
rights, their lives, property, and honor are inviolable. They have the
right to employment, education, and commerce. They cannot, however, hold
certain government posts that would place them in charge of the religious
affairs of the Muslims.
They have the right to practice
their religion among themselves as they like without molestation. They have
the right to civil courts under their own religious jurisdiction to handle
affairs such as marriage, divorce, inheritance, and disputes among
themselves.
They must abide by the
criminal code of the Muslims. However, they are allowed to engage in those
matters deemed lawful in their religion that are unlawful in Islam, like
the consumption of pork and alcohol, provided they keep this among
themselves and do not make it accessible to the Muslim population.
People under a covenant who
enter the Muslim state have an agreement with the Muslims to deal with each
other peacefully for a fixed period of time or permanently. This includes
those who enter Muslim lands peacefully. Allah says: “If one of the
polytheists seeks your protection, then give it to him so he can hear the
word of Allah then escort him until he reaches his place of safety.”
There are those who come to
Muslim lands on business or as ambassadors. They all deserve to feel safe
and secure and no one should transgress against them.
They must be treated well.
Allah says: “Allah, with respect to those who do not fight you or drive you
from your homes, does not forbid you to treat them kindly or justly, for
truly Allah loves those who are just.” [Sûrah al-Mumtahanah: 8]
Location: Islamtoday
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