إعـــــــلان

**فداء الرسول** · 13-05-2014, 12:13

General Rules for dealing with non Muslims

Islam orders Muslims to deal kindly and justly to all non Muslims as long as they do not oppose or oppress Muslims or place obstacles in the way of spreading Islam.
Religious differences are matters left for God to decide, we are NOT allowed to judge each other. We are responsible for neither punishing nor rewarding any one for his faith. The Holy Quran says:“And had your Lord willed, those on earth would have believed, all of them together. So, will you (O Muhammad) then compel mankind, until they become believers.”(Yunus:99)
“Verily, those who believe (in Allah and in His Messenger Muhammad), and those who are Jews, and the Sabians, and the Christians, and the Magians, and those who worship others besides Allah, truly, Allah will judge between them on the Day of Resurrection. Verily! Allah is Witness over all things.”(Al-Haj:17)

God has ordained justice and the best of morals. Oppression is refused in Islam against all beings and Allah threatened all oppressors. The Holy Quran says: “O you who believe! Stand out firmly for Allah and be just witnesses and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety, and fear Allah. Verily, Allah is Well Acquainted with what you do.” (Al-Maidah:8)Our Noble Prophet, peace and blessings be upon him, said: “Beware the supplication of the oppressed, for indeed there is no barrier between it and Allaah” (Al-Bukhari)

The Quran prohibits serious religious discussions with malice and hatred for they result only in hostility and arouse prejudice, resentment and bitter feelings. The Holy Quran says: “And argue not with the people of the Scripture (Jews and Christians), unless it be in (a way) that is better (with good words and in good manner, inviting them to Islamic Monotheism with His Verses), except with such of them as do wrong, and say (to them): "We believe in that which has been revealed to us and revealed to you; our Ilah (God) and your Ilah (God) is One (i.e. Allah), and to Him we have submitted (as Muslims)." (Al-Ankabut:46)

It is not permissible for Muslims to transgress upon non-Muslims, not in their person, their wealth or their reputations if they are formal residents in a Muslim country, have a treaty with Muslims or are under Muslim protection, rather they must be given their rights.
There is nothing to prevent Muslims from dealing with non-Muslims in relation to buying, selling, and renting and so on. It has been authentically narrated that the Messenger of Allah bought items from Jews and had similar dealings with them, he passed away leaving his breast plate as collateral with a Jew for food that he had bought from him.Actually the general rule that Muslims should follow when dealing with non-Muslims is based of the verse: “Allah does not forbid you to deal justly and kindly with those who fought not against you on account of religion and did not drive you out of your homes. Verily, Allah loves those who deal with equity. It is only as regards those who fought against you on account of religion, and have driven you out of your homes, and helped to drive you out, that Allah forbids you to befriend them. And whosoever will befriend them, then such are the Zalimun (wrong-doers those who disobey Allah).” (Surah60:8-9)

Non-Muslims are not outside the Jurisdiction as is the case with Jus civile. Likewise, Muslims are not supposed to consider themselves as 'Lords of the population of the globe' as they are 'Servants of Allah'. They are merely custodians of Allah's property and not the absolute owner. The distinction in the terms 'Muslims' and 'Non-Muslims' merely remains one of political administration not of human rights.
It is essential for every Muslim to treat with respect one's parents, brothers and sisters and other relatives no matter what their faith is. They should try to help them in the hour of need, provided they do not profess to be open enemies of Islam.
In order to achieve peace among different communities, Islam perched against the abusing of even idols and other objects of worship of other people. The Holy Quran says: "Do not abuse those whom they worship besides Allah" (6:109). To ensure peace even laughing is prohibited. The Holy Quran says: "Let not one people laugh at another perchance they may be better than they" (49:11).

**فداء الرسول** · 13-05-2014, 12:14

General Rules for dealing with non Muslims

Islam orders Muslims to deal kindly and justly to all non Muslims as long as they do not oppose or oppress Muslims or place obstacles in the way of spreading Islam.
Religious differences are matters left for God to decide, we are NOT allowed to judge each other. We are responsible for neither punishing nor rewarding any one for his faith. The Holy Quran says:“And had your Lord willed, those on earth would have believed, all of them together. So, will you (O Muhammad) then compel mankind, until they become believers.”(Yunus:99)
“Verily, those who believe (in Allah and in His Messenger Muhammad), and those who are Jews, and the Sabians, and the Christians, and the Magians, and those who worship others besides Allah, truly, Allah will judge between them on the Day of Resurrection. Verily! Allah is Witness over all things.”(Al-Haj:17)

God has ordained justice and the best of morals. Oppression is refused in Islam against all beings and Allah threatened all oppressors. The Holy Quran says: “O you who believe! Stand out firmly for Allah and be just witnesses and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety, and fear Allah. Verily, Allah is Well Acquainted with what you do.” (Al-Maidah:8)Our Noble Prophet, peace and blessings be upon him, said: “Beware the supplication of the oppressed, for indeed there is no barrier between it and Allaah” (Al-Bukhari)

The Quran prohibits serious religious discussions with malice and hatred for they result only in hostility and arouse prejudice, resentment and bitter feelings. The Holy Quran says: “And argue not with the people of the Scripture (Jews and Christians), unless it be in (a way) that is better (with good words and in good manner, inviting them to Islamic Monotheism with His Verses), except with such of them as do wrong, and say (to them): "We believe in that which has been revealed to us and revealed to you; our Ilah (God) and your Ilah (God) is One (i.e. Allah), and to Him we have submitted (as Muslims)." (Al-Ankabut:46)
It is not permissible for Muslims to transgress upon non-Muslims, not in their person, their wealth or their reputations if they are formal residents in a Muslim country, have a treaty with Muslims or are under Muslim protection, rather they must be given their rights.
There is nothing to prevent Muslims from dealing with non-Muslims in relation to buying, selling, and renting and so on. It has been authentically narrated that the Messenger of Allah bought items from Jews and had similar dealings with them, he passed away leaving his breast plate as collateral with a Jew for food that he had bought from him.Actually the general rule that Muslims should follow when dealing with non-Muslims is based of the verse: “Allah does not forbid you to deal justly and kindly with those who fought not against you on account of religion and did not drive you out of your homes. Verily, Allah loves those who deal with equity. It is only as regards those who fought against you on account of religion, and have driven you out of your homes, and helped to drive you out, that Allah forbids you to befriend them. And whosoever will befriend them, then such are the Zalimun (wrong-doers those who disobey Allah).” (Surah60:8-9)

Non-Muslims are not outside the Jurisdiction as is the case with Jus civile. Likewise, Muslims are not supposed to consider themselves as 'Lords of the population of the globe' as they are 'Servants of Allah'. They are merely custodians of Allah's property and not the absolute owner. The distinction in the terms 'Muslims' and 'Non-Muslims' merely remains one of political administration not of human rights.
It is essential for every Muslim to treat with respect one's parents, brothers and sisters and other relatives no matter what their faith is. They should try to help them in the hour of need, provided they do not profess to be open enemies of Islam.
In order to achieve peace among different communities, Islam perched against the abusing of even idols and other objects of worship of other people. The Holy Quran says: "Do not abuse those whom they worship besides Allah" (6:109). To ensure peace even laughing is prohibited. The Holy Quran says: "Let not one people laugh at another perchance they may be better than they" (49:11)

**فداء الرسول** · 13-05-2014, 12:14

Religious freedom

a- freedom of choice
“There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path. Whoever disbelieves in Taghut and believes in Allah, then he has grasped the most trustworthy handhold that will never break. And Allah is All-Hearer, All-Knower.” (AlBakarak:256)
“And had your Lord willed, those on earth would have believed, all of them together. So, will you (O Muhammad) then compel mankind, until they become believers.” (Yunus:99)
These two verses represent the general Islamic rule as regard religious belief that no one can be obliged or compelled to convert to Islam. For this reason, there is no historical incident of Muslims forcing any non-Muslim to embrace Islam. This is a fact acknowledged by western historians. Compulsion in the matter of religious worship is incompatible with the religion of Islam because every religion depends upon faith and will, and these would be meaningless if they are induced by force.
b- Building and Protecting of places of worship
Islam protects places of worship of non Muslims and sanctified their religious rituals.
Examples:
1. In the tenth year of the Hirah, a delegation of fourteen Christian Chiefs from Najran; among them Abdul Masih of Bani Kinda, their chief, and Abdul Harith, bishop of Bani Harith, came to Medina to make a treaty with the Islamic prophet Muhammad, and were permitted by him to pray in his mosque, which they did turning towards the east.
(https://en.wikipedia.org/wiki/Najran#...heir_expulsion)
The contract that our noble prophet made with the Christians of Najran stated that:
“Najran and its neighbours area are in the security of Almighty Allah and His messenger. The property, religions and churches of the inhabitants, as well as all possessions, whether much or little, are under the protection of the Prophet.”
2. The peace treaty conducted by the Caliph Umar Ibn Elkhattab, may Allah be pleased with him, with the citizens of Jerusalem stated:
“In the name of Allah, the Most Merciful, the Beneficent. This is what the slave of Allah, Umar b.Al-Khattab, the Amir of the believers, has offered the people of Illyaa’[1] of security granting them Amaan (protection) for their selves, their money, their churches, their children, their lowly and their innocent, and the remainder of their people. Their churches are not to be taken, nor are they to be destroyed, nor are they to be degraded or belittled, neither are their crosses or their money, and they are not to be forced to change their religion, nor is any one of them to be harmed.”
(https://en.wikipedia.org/wiki/Umar#The_Treaty_of_Umar)
3. The covenant between Khalid Ibn Elwalid and the people of Anat stated: “They are allowed to ring their bells at any time of the day or night, except at the Islamic prayer times. They are allowed to bear their crosses in their festivals”
4. Permitting non-Muslims to build their own houses of worship in towns mainly populated by Muslims also falls under this scope, where early in Muslim history several churches were built in Egypt during the first Hijri century.
An example of this is the construction of the Mar Marcus Church in Alexandria (between AH 39 and 56), and the construction of the first church in Fustat in the Roman Alley during the reign of Maslamah ibn Mikhled (between the years AH 47 and 68). Ruler Abdul `Aziz ibn Marwan also authorized constructing a church in Helwan while founding the city, beside establishing two monasteries for some bishops.
Historian Al-Maqrizi once said, “It is agreed that all the churches of Cairo were established after the coming of Islam.”
c- Freedom to perform missionary activities
Non-Muslims are free to do missionary activities and to propagate their faith. They have full freedom to run their missionary organizations and evangelist activities. They are free to propagate their creed openly and praising their beliefs in comparison to beliefs of Muslims. They enjoy the right to criticize the religion of Islam as Muslims have the right to criticize their religion as long as it does not create a breach of peace. Both parties are NOT allowed to hurt the feelings of the other.
d- Freedom to change religion
Non-Muslims have the right to change from one religion to another. In Islam, freedom in its general sense is a well-established fact. At a time when people were enslaved intellectually, politically, socially, religiously, and economically, Islam came to establish the freedom of belief, freedom of thought, freedom of speech, and freedom to criticize. Islam strictly forbids that people be forced to adopt a certain creed or to believe in a particular religion.
Allah Almighty says: “If it had been thy Lord’s Will, they would all have believed, all who are on earth; wilt thou then compel mankind, against their will, to believe?” (Yunus 10: 99)
This was in the Makkan era. In the Madinan period, Allah also revealed:“Let there be no compulsion in religion: truth stands out clear from error.” (Al-Baqarah 2: 256)

**فداء الرسول** · 13-05-2014, 12:15

Right of Protection against external aggression

Non Muslims in Islamic state have the right to be protected by the state from all sorts of aggression whether external or internal.
As for external aggression both Muslims and non Muslims have equal rights. The famous Islamic scholar Ahmad Ibn Hanbal in his book Ula An-Nuha states: “The ruler of Muslim community is bound to protect the non Muslims and to save them from aggression. Should they fall into captivity, the Imam must marshal all the recourses to secure their release and punish the transgressors against their lives and properties, even if they were the sole (non Muslims) living in a remote village”.
If enemies from other countries attacked the non-Muslim of any denomination in an Islamic state, Muslims were asked to fight in order to protect the freedom of religious worship of the non-Muslim.
Ibn Hazm, the prominent Islamic scholar states in his book Maratib Al-Ijma: “Muslims who have entered into a pact of dhimma should fight until death with those who try to oppress non-Muslims in the Islamic state in order to abide by the guarantee given to them by Almighty Allah, His messenger, upon whom be peace. Otherwise they will be considered as traitors”
Examples:

The famous scholar Imam Ibn Taymiyah, may Allah be pleased with him, while speaking to Qultoo Shah—a Tartar—regarding the freeing of prisoners of war. Qultoo Shah agreed to set Muslim free upon Ibn Taymiah’s request; however, the latter insisted that Christian be released with the Muslims, which was what happened in the end. This stand by IbnTaymiyah reflects the perspective of jurisprudence on the subject of the right to external protection.
(https://www.readingislam.com/servlet/...am%2FDIELayout)
Imam AlQurafi quotes the statement of Ibn Hazm from his book Maratib al-Ijma:”If enemies at war come to our country aiming at certain Dhimmi, it is essential for us that we come out to fight them with all our might and weapons since he is under the protection of Allah and His messenger. If we did anything less than this, it means we have failed in our agreement for protection.”

**فداء الرسول** · 13-05-2014, 12:15

Right of Protection against internal aggression

It is agreed that Muslims must protect the non-Muslims living in an Islamic state from any oppression, must protect their lives as they are bound to do for all who live in the Islamic state. Some Muslim scholars said that the sin of oppressing a non Muslim is even worse than oppressing a Muslim.
Our noble Prophet, peace and blessings be upon him, was reported to have said, “He who unfairly treats a non-Muslim who keeps a peace treaty with Muslims, or undermines his rights, or burdens him beyond his capacity, or takes something from him without his consent; then I am his opponent on the Day of Judgment” (Abu Dawud and Al-Bayhaqi).
He, peace and blessings be upon him, is also reported to have said, “He who harms a non-Muslim who keeps a peace treaty with Muslims has harmed me, and he who harms me has harmed Allah” (At-Tabarani in Al-Awsat with a good chain of transmission).
Muslim citizens are duty bound to spare their hands and tongues from hurting the non-Muslim citizens, they must not keep any enmity or hatred against them. Our Noble Prophet, peace and blessings be upon him said:”Whosoever persecuted a Dhimmi or usurplus right or took work from him beyond his capacity, or took something from him with evil intentions. I shall be a complainant against him on the Day of Resurrection.” (Abu Daud and Baihaqi. See Al-Sunan al-Kubra, vol. 5, p.205, narrated by al-khatib with authentic Isnad)
Examples:
1. In his treaty with the Christians of Najran our noble prophet, peace and blessings be upon him, stated: “No man from amonjg them may be held accountable for the violations of another of his fellows” (Related by Abu yusuf in Al-kharaj).
2. The second Chaliph, Umar Ibn Elkhattab, may Allah be pleased with him, used to ask those who came to him from various provinces about the well being of non Muslims and whether they have any complaints from any kind of oppression in these provinces.
3. The fourth of the righteous Caliphs, Ali Ibn Abu Talib said, “They pay Capitation tax so that their properties and lives may be as ours”

**فداء الرسول** · 13-05-2014, 12:16

Right of Protection of lives

Muslim scholars agreed that the lives, wealth and honor of the non Muslim living in an Islamic state are to be protected. Violating their blood is considered one of the gravest of sins. This is due to the hadith by the Prophet, peace and blessings be upon him: “He who kills a non-Muslim who keeps a peace treaty with the Muslims will not smell the scent of Heaven, though its scent can be traced to as far as a march of 40 years” (Imam Ahmad and Al-Bukhari in Al-Jizyah, among others).
Islam ruled that any Muslim who steals from a non Muslim would have his hand cut off.
Non Muslims should not be subjected to severe punishment or torture if they failed to fulfill their duties like paying the Jizyah and the kharaj (what we now call tax).
Examples:
The fourth of the righteous Caliphs, Ali Ibn Abi Talib, may Allah be pleased with him, wrote to the collectors of the Kharaj:
“When you come to them, do not sell their garments preserved for winter or summer, or the food they eat, or the animals they need. Don’t whip any of them for a Dirham, and do not oblige them to stand on one leg for a dirham. Do not sell any of their household goods for the payment of Kharaj, because we accept from them what they have. If you do not comply with my orders, Allah will punish you in my absence. And if I receive any complaint against you in this concern, your service will be terminated”

**فداء الرسول** · 13-05-2014, 12:16

Right of Protection of Property

The Islamic state has to protect the non Muslims property. This principle has been unanimously agreed upon among all Muslims scholars throughout history. Thus a person who steals from a non Muslim will have his hand cut off and he who takes their property by violence is punished and obliged to return it to its owner. If a Muslim borrows money from a non Muslim, he is obliged to repay him. If the borrower I is rich and delays payment, he is to be put in prison until he pays his debt.
There is no difference between Muslim and non-Muslim citizen in respect of the civil or criminal law although the Islamic state will not interfere with the personal rights of non-Muslims. If any Muslim tries to curtail the rights of non-Muslims, the prophet says that he would be a complainant against such a Muslim on the Day of Judgment. Non-Muslims will enjoy all their rights of ownership, sale, transfer, grant and mortgage of their property like any Muslim, and no individual or state will interfere with it.
Ali, the fourth Caliph, once said about the rights of non-Muslims to their property: “They have accepted the position of Dhimmis on the explicit understanding that their properties and their lives will remain sacred like those of ours. (i.e. The Muslims)”
Examples:
1- In the prophet’s treaty with Najran it is stated: “Najran and its neighboring area are in the security of Almighty Allah and His messenger. The property, religion, churches of the inhabitants as well as their possessions, whether much or little, are under the protection of the prophet”.
2- During the life of our Noble Prophet, peace and blessings be upon him, foreign traders came to Medina and Muslims purchased merchandises from them. Once an non-Muslim came with a herd of sheep and goats without securing any permission and Our Prophet, peace and blessings bought from him (Sahih Al-Bukhari, Book of trade).
3- The second righteous Caliph, Umar Ibn Elkhattab, may Allah be pleased with him, wrote to Abu Ubaidah Ibn Al-Jarrah saying: “Prevent Muslims from harming or oppressing them (non Muslims) or from taking their property illegally”.
4- In the era of Caliph Umar Ibn ElKhattab, some Muslims had usurped a piece of land belonging to a Jew and then constructed a mosque on its site in their over enthusiasm for their religion. Such mosque cannot be a place of worship as the land was usurped from its owner. Umar ordered the demolition of the mosque and the restoration of the land to its owner the Jew. Dr. Hamidullah says that a Lebanese Christian scholar, Professor Cardahi wrote in 1933 about this land:” This house or the Bait al-Yahudi (The Jewish house), still exists and is well known.”
5- The fourth righteous Caliph, Ali Ibn Abu Talib, may Allah be pleased with him, stated: “They pay capitation tax so that their blood and wealth may be like ours.”
6- Islam defines the properties of non Muslims according to their religion. For example, Liquor and pork although they cannot be considered as money to Muslims; and if a Muslim squanders or spoils such property of another Muslim, he could not be called upon for compensation, if a Muslim spoils such assets belonging to a non-Muslim, he would be responsible for compensation, according to Imam Abu Hanifah.

**فداء الرسول** · 13-05-2014, 12:17

Medical care and Social Welfare against Disability, Old Age, and PovertyIslamic jurisprudence guarantees to non-Muslims living under its societal umbrella their necessary welfare benefits, which enables them to live decently and support those they sponsor, since they are considered among the Muslim state’s subjects or citizens. The Prophet, peace and blessings be upon him, was reported to have said, “We are all shepherds and we are all responsible for those who are under our hands (i.e. in our flocks)” (Ibn `Umar).
Sheikh Shams Al-Dim Ramli, the famous commentator of Al-Minhaj of Nawawi, says that: The non-Muslims are like Muslims when it comes to relieving them from their sufferings. It is essential for all Muslims to remove any harm coming to them. Apart from food and clothing of the needy non-Muslims, it is also a must to help them in the treatment of their sick and giving fees to the doctors and buying medicines...etc.
Examples:
1- The treaty between Khalid Ibn El-walid in his treaty with the Christians of Al-Hira in Iraq at the era of the first righteous caliph Abu Bakr Al-Seddik states:
“Any aged non-Muslim who is unable to earn his livelihood, or is struck by disaster, or who becomes destitute and is helped by the charity of his fellow men will be exempted from the capitation tax and will be supplied with sustenance by the bait al-mal (the government treasury)”
2- The second righteous Caliph, Umar Ibn Elkhattab, may Allah be pleased with him, once saw an old Jewish beggar whom he found to be destitute. Ordering the state authorities to pay for his livelihood, he observed: “It is unjust if we collect the capitation tax from him in his youth and abandon him in his old age”.
3- Umar, May Allah be pleased with him, was on his way to Syria he came across some Christian lepers at Jabia. He ordered the financial authorities to give them help from the Zakah (charity) funds and to provide for them.
4- Abu Jafar Muhamad bin Jarir Al-Tabari says in his commentary of the Quran, Tafsir Al-Tabari, on the authority of Nafi that he heard Akramah concerning the verse:” Undoubtedly Zakat is for the poor (Fuqara) and the destitute (Masakin).”, that the poor among Muslims should not be called destitute. The reference to the destitute is made in respect of the people of the book. Therefore, this verse about Zakat includes also non-Muslims.

**فداء الرسول** · 13-05-2014, 12:18

Freedom of work and Profession

According to Islam, non Muslims should be treated in the same manner as Muslims in the matters of trade, commerce and other financial matters except “RIBA” (interest), which is forbidden for them as well as for Muslims.
Non-Muslims, like Muslims can perform all kinds of trade, industry, agriculture and adopt any profession of their choice. Non-Muslims will enjoy more freedom than Muslims in this regard since there are a number of things which are unlawful for Muslims to trade in while they are lawful for non-Muslims like Wine, pig and dead animals (which were not slaughtered according to Islamic way) and anything related to them. Non Muslims are allowed to trade and perform any industry related to these unlawful things as long as they do not sell it to a Muslim.
There are other restrictions like: Non Muslims are not allowed to sell liquor and pork in Muslim land. They may not open pubs or clubs which serve alcoholic drinks and they may not import these items into Muslim land. This prohibition is to prevent the possibility of any corruption within the Islamic society.
Islam emphasizes the rights of non-Muslim workers working in an Islamic organization. A Jew will be given Saturday off. The Hanbali jurists opine that they should be exempted from work on Sabbath day (Saturday) basing their argument on the hadith narrated by Al-Nasai and Al-Termidhi, our noble Prophets said: "And you Jew. It is incumbent that you should not transgress the regulations if the Shabbath day". Similarly, Christians will enjoy the same privilege and are allowed to go to their churches on Sundays.

**فداء الرسول** · 13-05-2014, 12:19

Government Services

Non Muslims have the right to serve in any governmental positions which do not have a direct impact on the religious life of Muslims. For example, non Muslims may not serve as Imams (head of state), head of army, arbiters in inter-Muslim disputes or as Zakah (Islamic tax) collectors.
The appointment of Judges in the Islamic state must be from among Muslims since an Islamic state is meant to administer justice according to Islamic jurisprudence. Even if a non-Muslim is well versed in the Shariah he cannot be made judge since all decisions will require both his fundamental belief in Islam and his enthusiasm to maintain the spirit of Islam in all his pronouncements. In affairs concerning Jews, Christians or any other religion their co-religionists will be appointed to administer justice according to their personal laws.
The Imam (Caliph) is responsible for both religious and secular authorities since they are the successors of the Prophet, peace and blessings be upon him. The leader of Muslims is both a temporal and a religious leader. He is the Imam, leading their prayer-service in the mosque and the highest administrator of the Islamic state. This is the reason why the Muslims are required to preserve the post of the Imam and the Caliph exclusively for the co-religionists, since the head of the state must be a Muslim.
The leadership of the army is not a secular post, for Islam regards Jihad as the greatest act of worship. This also applies to the Islamic Judiciary system, as it is rooted on the Islamic Jurisprudence (shariah). The same is true for the position of Zakat collectors and officials entrusted with other posts of religious nature.
Non-Muslims living in the Islamic state can be appointed as ambassadors of his country in the foreign land and this was done during the life of our Noble Prophet, peace and blessings be upon him. In the second year of Hijra the pagan Arabs of Mecca sent a delegation to Abyssinia to demand the extradition of Meccan Muslims who had migrated to Abyssinia in 618A.D. to escape severe torture in Mecca and seek refugee in Abyssinia's just king Negus, who was a Christian. The envoy sent by our Noble prophet to plead in behalf of the Muslims was Amr Bin Umayyah al-Damri, who belonged to one of the allied tribes in the neighbourhood of Medina.
As for other administrative services, non-Muslims can be employed without any difficulty. There is no distinction of any ethnic origin, racial identity or linguistic belonging which bring them under one umbrella in a Muslim state. All citizens are equal under the law but the only difference is that the non-Muslim minority does not subscribe to the religious ideology of the Muslim majority of the population as well as the basic principles of the Muslim state. This is the reason why a non-Muslim cannot be expected to become a head of state. This distinction between Muslims and non-Muslims does on no account imply the exclusion of non-Muslim subjects from the political and administrative life of the Islamic state.
Examples:
1. During the Abbasid era, Christians undertook the ministry more than once; for example, Nasr ibn Haroun in AH 369 and Eissa ibn Nastorus in AH 380. Mu`awiyah ibn Abi Sufyan had also appointed a Christian clerk named Sarjoun.
2. Western historian Adam Mitz says in his book Islamic Civilization in the Fourth Hijri Century, “We find it very surprising the abundance of non-Muslim laborers and senior staff within the Muslim state; where Christians governed Muslims in Muslim provinces, and complaints against non-Muslims’ seniority in these provinces dates far back” (part 1, p. 105).

**فداء الرسول** · 13-05-2014, 12:20

Equality of treatment in Criminal Procedure

Muslims and non-Muslims are treated as equal before the law. Islamic Jurisprudence lies between the two extremes of an eye for an eye and the turning of the left cheek when the right is slapped. Forgiveness is exercised if it mends the matter and punishment is exercised when necessary. The general rule is: “It is better to acquit through mistake ten guilty persons than to convict an innocent man.” The general rule that applies here is that A non-Muslim, like the Muslim, is believed to be innocent unless proven guilty. We present here a summary of Islamic verdicts regarding two of the most common, serious crimes that any society faces:
1-Murder
It is one of the main objectives of Shariah to preserve human soul, and that is why retaliation has been stipulated for those who kill others undeservingly. Death is the verdict for intentional murder in Islam. There is one specialty in the Islamic jurisprudence here which is that the heirs of the murdered may take sufficient indemnity or blood-money and remit the death penalty of the murdered. As for unintentional murder there is no capital punishment only blood wit. If there is doubt in finding the real culprit, blood money may be ordered to be paid from the state. As for non-Muslims, the same rules apply to them.
The Prophet, peace and blessings be upon him, said:” Their property is like pour property and their blood is like our blood”. The fourth righteous Caliph, Ali Ibn Abi Talib, may Allah be pleased with him said: “The blood of the Dhimmi is like the blood of a Muslim, his goods and chattels are like those of Muslims”.
Our Noble Prophet, peace and blessings be upon him, ordered the retaliation in the day Khaybar and a Muslim was put to death for killing a non-Muslim. In the time of Umar Ibn abd El-Aziz wrote to one of his governors in the case of a Muslim who had killed a non-Muslim Dhimmi that the killer must be handed over to his guardian. If he wished to kill him, he might, if he wished to forgive him, it was up to him. According to this instruction, he was handed over to his guardian who killed him.
Our Noble Prophet, peace and blessings be upon him, said: “Whosoever killed a Dhimmi, he will not even smell the fragrance of paradise although its fragrance will be smelt from the distance of forty years’ journey”
2-Theft
If a Muslim steals the property of a non-Muslim, the hadd punishment will be applicable to him and his hand will be cut off after due process of law.

**فداء الرسول** · 13-05-2014, 12:20

Special prerogative for Non-Muslims in their Personal law

As regards Personal law however, non Muslims will not be forced to be governed by the Islamic Jurisprudence. All laws for marriage, divorce, inheritance and related matters will not be interfered with by the Muslims. If pork, alcoholic drinks, marriages regardless of consanguinity…etc. is lawful in their religion then they will not be prohibited from them.
The righteous Caliphs had delegated many temporal judicial powers to Christian priests. During the Abbasid Caliphate, the Christian Patriarch as well as the Jewish Rabi and The Hakham were considered to be the highest dignitaries of the Muslim state and the Caliph used to consult them in the affairs of their respective communities.
The Jews in Medina had set up their own religious and educational institution called Bait al-Midras during the time of the prophet, peace and blessings be upon him. The Jewish and Christian institutions were left to their communities to manage their affairs during the Umayyid and Abbasid Caliphates. Muslims, Jews, Christians and Magians had conserved their modes of dressing and social customs.

**فداء الرسول** · 13-05-2014, 12:21

More Rights

Non-Muslims under the Shariah have every right to keep their own languages and customs, to open their own schools and colleges and to be visited by missionaries of their own faith from the Christendom.
Rights of non-Muslim minor: If a non-Muslim minor is taken as a prisoner of war with his parents, the child still has the right to continue the religion of his fore-fathers, even if his parents die later.
Muslims are commanded not to abuse or speak ill of the non-Muslim religious leaders or saintly persons. Likewise every Muslim is commanded not to insult other religions.
If Muslims enter victoriously a town that is inhabited by non-Muslims, they have no right to confiscate their places of worship.
A Muslim has no right to enter the house of his non-Muslim neighbour without his permission.
In the lifetime of the Prophet and the righteous Caliphs, non-Muslims were free to visit Muslim countries without and restrictions or requirements (the only exception is Mecca and Medina). They were free to carry on business and even the Prophet himself used to buy from them.
Non-Muslims are allowed to enter even the holy sanctuary. The proof is when the second righteous Caliph Umar Ibn Elkhattab, may Allah be pleased with him, received Christian complainants even when delivering the Jumaa (Friday) sermon.
Non-Muslims can seek asylum in Muslim lands and Muslims can get asylum in non-Muslim lands like the earliest Muslims whom the prophet, peace and blessings be upon him, told to go to Abyssinia and seek refuge in the Christian country of Negus.
All Muslim jurists are unanimous in their opinion that Muslims as well as non-Muslims are to be treated equally in their rights to be looked after from the funds of Bait al-Mal in any Muslim state. The argument was based on several incidents such as:
1. The messenger of Allah, peace and blessings be upon him, gave charity to the families of Jews since it is permitted to them.(Abu ubaid, al-Qasim bin Salam, AlAmwal, cairo,1969, P.804)2. Imam Muhammad, the pupil of Imam Abu Hanifa has reported that our noble prophet, peace and blessings be upon him, sent some property to the people of Mecca to be distributed among the poor during the period of famine. They were idolaters and were engaged in fighting against Muslims. (Al-Sharakhsi, sharh siyar Al-Kibar, vol. 1, P. 144)

According to Islam, even the dead body and bones of a non-Muslim are to be treated with respect just as in the case of any Muslim. Anyone showing disrespect to a corpse of a non-Muslim is therefore committing a great sin.
Islamic Shariah gives so much importance to the sanctity of human life and blood, it is understood that the same principle will apply to beating, torturing and injuring of a non-Muslim as well as a Muslim. Even in the case of not paying the Jizyah they should be treated kindly.
Even among enemies of Islam, actively fighting against Islam, there may be individuals who may be in position to require asylum. Full asylum is to be given to them, and opportunities provided for hearing the word of Allah. If they accept the word, they become Muslims and no further question arises. But if they do not accept Islam they will require double protection:
(1) from the Islamic forces openly fighting against their people and
(2) from their own people, as they detached themselves from them.
Both kinds of protection should be ensured for them and they should be safely escorted by Muslims to a place where they can be safe.
The right of peaceful assembly and association is granted for both Muslims and non-Muslims alike.
According to Shariah, no person whether a Muslim or non-Muslim is to be arrested or detained without a valid accusation. Such valid accusation must be made in the presence of the defendant who confronts his accuser in this case, then accusation is made, the defendant has every right to cross examine and ask the accuser to take an oath. According to Imam Khatabi, there are only two kinds of detention in Islam:
(1) Detention in order of the court, and that is usually when a person has already been sentenced by the court.
(2) Detention before sentencing during the courts' investigations of a criminal violation.
Freedom of Expression:
Non-Muslims living in an Islamic state are entitled to enjoy the same rights of Muslims in expressing their views and opinions in public affairs. They will have freedom to express their views through speeches, protests and questioning. They can criticize the government and its officials, including the head of the state.

**فداء الرسول** · 13-05-2014, 12:22

1. “A Muslim is not killed in lieu of an infidel”…What does that Hadith REALLY mean?

Allegations
This hadith is often misinterpreted either by:
A- Claiming that it permits the Muslim to kill an infidel without being suitably punished as in Islam the one who kills a Muslim intentionally is to be executed. Does the above Hadith discriminates a Muslim from a non Muslim so that if a Muslim kills a non Muslim intentionally he is not to be executed but if he kills a Muslim he is to be executed…?
B- Claiming that it contradicts with another Hadith that says: “He who kills a muahid (a term used for Dhimmis and for pagans who had entered in a treaty with the Muslims to end a state of war) will never smell the fragrance of paradise, the fragrance of which can be smelled from a distance of 40 years travel”.
Answer
Islam is the religion of justice where all kinds of discriminations are refused. Non Muslims and Muslims have equal rights in the Islamic society. As for the Hadith above it is by the consensus of all Islamic scholars that killing a non Muslim is a great sin. The hadith “A Muslim is not killed in lieu of an infidel” actually refers to a non Muslim who fights against Muslims in the battlefield.
Imams Malik and Al-Laith said: “A Muslim who intentionally kills a non Muslim for no reason will be put to death. If his action is justified, he shall not be killed”. This is according to Ibn Uthman’s verdict, who was one of the eminent scholars and the governor of Madinah, He sentenced to death a Muslim who killed a Copt.
The fourth of the righteous Caliphs, Imam Ali Ibn Abi Talib who, after hearing witnesses testimonies, ordered that a Muslim who had killed a non Muslim be put to death. The deceased’s brother came and said, “I have forgiven him”
Ali said: “Perhaps they have threatened or frightened you”
He said: “Not at all, but his death cannot restore my brother’s life. They hav compensated me, and now I’m satisfied”
Ali said: “You know better. The blood of the person who is in our covenant is like ours and his blood compensation (diyah) is like ours”
(Related by Altabarani and Al-Baihaqi, as-Sunan Alkobra. Volume III).
Imam Ali Ibn Abu Talib said, “They pay Capitation tax so that their blood and wealth become like our blood and wealth immune from all harm”
The Islamic caliphs Umar Ibn Abd Elaziz, once wrote to a governor concerning a Muslim who had killed a non-Muslim, telling them to hand the Muslim over to the legal heir of the slain person and give him the authority either to forgive the Muslim or to kill him. The heir later chose to behead the Muslim.
Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:
“Islam is indeed a religion of love and peace. Islam does not teach people to kill all those who disagree with them simply because they disagree with them. If certain bigoted Muslims did so that is not the fault of Islam. How unjust would it be to say that Christianity is a religion that teaches violence and blood shed by looking at the historical performance of some so-called Christians: After all, Hitler who committed genocide against the Jews, the white supremacists in South America who practiced barbarities against the blacks, the Serbs who committed genocide against the Muslims in Bosnia, those who systematically practiced mass slaughter of Muslims and Jews in Spain, and burned heretics, etc. all claimed to be Christians. What about the Christians still killing each other in Ireland? So why use double standards in judging Islam? Stereotyping is wrong regardless of against whom we use it.
Vast majority of Muslims have nothing to do with such violence or bloodshed that may or may not have been committed by those who claim to be Muslims. According to the strict verdict of the Qur’an, taking life of a single human being unjustly is akin to taking the life of all humanity. A good Muslim, therefore, is one who believes in sanctity of all life. The Prophet, peace be upon him, taught us that if a person were to kill even a single little sparrow, it would appear before the Lord of the worlds seeking God’s justice against the person!”

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Rights of Non Muslims in Islam

Rights of Non Muslims in Islam

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