Islam enjoins justice, fairness and equality between non-Muslim minorities and Muslims in all rights that are not related to religious duties and worship; rather, they are related to the discipline of the state and the fundamental rights of citizens. The Quran instructs to benevolent, kind, courteous and tolerant towards those non-Muslims who do not fight against Islam and Muslims or engage in any malicious activity against them.
Allah does not forbid you from those who did not fight you on account of religion and did not expel you from your homes, from treating them with kindness and justice. (Al-Mumtahanah: 8)
Allah does not forbid you from treating them with kindness and justice.
In an Islamic state, rights non-Muslim and subjects will be guaranteed protection of their beliefs, religion, lives, property and honor. They will share in civil liberties and fundamental rights on an equal basis with Muslims. Everyone will be treated equally in the eyes of the law, and no discrimination will be made against anyone as a human being.
After accepting the jizya, they will have the same obligations and responsibilities as Muslims, they will have the same rights as Muslims, and they will be entitled to all the privileges and facilities that Muslims have.
“If they accept the jizya, then inform them that they will have what the Muslims have and what the Muslims have.” (Bada’i al-Sana’i, vol. 6, p. 62)
If they accept the jizya, then inform them that they will also have the same rights and privileges as Muslims and that the Muslims will also have the same responsibilities.
Protection of Life – Rights of Non-Muslims
Both a Muslim and rights of non-Muslims are equal in the protection of life. The lives of both will be equally protected and respected. It is the responsibility of the Islamic state to protect the lives of its non-Muslim subjects and protect them from oppression and injustice. The Prophet (peace and blessings of Allaah be upon him) said:
“Whoever kills a covenanted person will not smell the fragrance of Paradise, but if he smells it, he will find it from a distance of forty years.” (Bukhari, Kitab al-Jihad, Chapter: Sin of Killing a Covenanted Person Without Guilt, Vol. 1, p. 448)
Whoever kills a covenanted person will not smell the fragrance of Paradise, while its fragrance can be found from a distance of forty years.
Hazrat Umar said in his last will:
“I advise the Caliph who will succeed me to fulfill the covenant and obligation of Allah and His Messenger (peace be upon him) to fulfill the covenant of the dhimmis, to fight in their protection and defense, and not to burden them beyond their capacity.”
Protection of Property
The Islamic state will protect the property of the non- Muslim like the Muslims, will not dispossess them of their right to ownership, nor will it forcibly occupy their lands and properties, even if they do not pay the jizya, it will not auction their property or anything like that. Hazrat Ali wrote to one of his officials:
“Never sell their donkeys, their cows and their clothes in the kharaj.”
The dhimmis will have the rights of buying and selling, industry and crafts and all other means of livelihood like the Muslims. In addition, they can also buy and sell wine and pork. They will also have the right to own their property, they can transfer their property to others through wills, gifts, etc. Their property will also be divided among their heirs, so that if a dhimmi had outstanding jizyah due and died, it will not be collected from his estate, nor will any pressure be put on his heirs.
It is not permissible to take the property of a dhimmi without a lawful means. The Holy Prophet (peace and blessings of Allah be upon him) said:
“The property of the covenanted is not permissible except by right.” Beware, the property of the covenanted is not permissible except by right.
Protection of Honor and Dignity
The honor and dignity of dhimmis, as well as their chastity and innocence, shall be protected, and no citizen of the Islamic state shall be insulted or humiliated. Attacking the honor of a no -Muslim, backbiting him, inquiring about his private life, spying on his secrets, beating him, and abusing him are just as unlawful and forbidden as they are against a Muslim.
“And one should refrain from harming him, and his backbiting is forbidden like a Muslim.”
It is obligatory to refrain from harming him, and his backbiting is forbidden like a Muslim.
Judicial and legal protection
Criminal and civil laws and procedures are the same for both Muslims and non mulims, and the same punishments and penalties are for Muslims as for non-Muslims. In theft, adultery, and accusations of adultery, both will be punished the same way, and no distinction will be made between them. Both are equal in terms of Qisas, Diyat and Zaman. If a Muslim kills a Dhimmi, he will be killed in Qisas. The Hadith Sharif states:
“Damawhum Kadmaina”
Their blood is like our blood
During the time of the Prophet (peace and blessings of Allah be upon him), a Muslim killed a Dhimmi, so the Prophet (peace and blessings of Allah be upon him) ordered him to be killed in Qisas and said:
“I am the most deserving of those who fulfill their promises.”
I am the most deserving of those who fulfill their promises.
However, alcohol and pork have been exempted from the law for Dhimmis, so they have the right to keep, eat and buy and sell pigs, as well as to make, drink and sell alcohol.
Religious Freedom
The non -muslims will have complete freedom in their beliefs, worship, and religious ceremonies and rituals. Their beliefs and religious matters will not be violated. Their synagogues, churches, temples, and places of worship will not be demolished.
The Quran clearly states:
There is no compulsion in religion. Guidance has made clear from error.
In those settlements that are not included in the Muslim Capital (Islamic cities), the Dhimmis will have the freedom to erect crosses, ring bells and clocks, and hold religious processions. If their places of worship are destroyed, they can repair them and build new places of worship in their places. However, in the Muslim Capital, i.e. those cities that are reserved for the performance of Friday prayers, Eid prayers, the establishment of Hudud prayers, and religious rituals, they will not be allowed to perform religious rituals openly and hold religious and national processions. Nor can they build new places of worship in these places. However, they will have complete freedom within the places of worship. And they can also repair the places of worship.
They will be prevented from openly committing those immoralities and vices that the responsible people themselves believe to be forbidden and which are forbidden in their religion and dharma. Whether they are in the Muslim community or in their education and training of their children. They will also have the freedom to teach and propagate their religion and religion and to describe its virtues in a positive way.
The Islamic state will not interfere in the personal law of the dhimmis, but will leave them to their religion and beliefs, to practice their religion and religion as they wish. They will have complete freedom to practice the methods of marriage, divorce, will, gift, maintenance, waiting period and inheritance that are permissible in their religion, even if they are forbidden and illegal according to Islamic law. For example, if it is permissible for them to marry a mahram without a witness and a dowry, then the Islamic state will not prevent them from doing so; rather, the Islamic court will decide according to its law.
Hazrat Umar bin Abdul Aziz consulted Hazrat Hassan in this regard:
“What is the matter with the Rightly Guided Caliphs, leaving the Dhimmis free from the issue of marrying mahrams, and acquiring wine and pigs?”
In response, Hazrat Hassan wrote:
“They only paid the jizya to preserve what they believed, and you are only following, not inventing anything new.” They only accepted the jizya to allow them to live according to their beliefs. Your job is to follow the old way, not to invent anything new.
Positions and Jobs
Due to failure to fulfill the condition of loyalty to the Islamic constitution, eligible individuals cannot hold responsible policy-making institutions, delegated ministries, and positions that are key in the Islamic system of government. The doors of all other jobs and positions are open to them. In this regard, Mawardi has written, revealing the position of the dhimmis:
“A dhimmi can be a minister of execution, but not a minister of tafsir. Just as there is a difference in the powers of these two positions, so also is there a difference in their conditions. This difference is evident from these four aspects: First, the minister of tafsir can himself enforce orders and settle criminal cases, which the minister of execution does not have. Second, the minister of tafsir has the right to appoint government officials, which the minister of execution does not have. Third, the minister of tafsir can make all war arrangements himself, which the minister of execution does not have. Fourth, the minister of tafsir has authority over the treasury, he can receive official demands and pay whatever is due to the government, which the minister of execution does not have. Apart from these four conditions, there is nothing that can prevent dhimmis from holding this position
Helping the needy non-Muslims from the Islamic treasury
Apart from obligatory charity (e.g. Zakat-ul-Ushrah) Just as the revenue of the Bait-ul-Mal is related to the needs and wants of Muslims, it is also related to the needs and wants of non-Muslim dhimmis. Islam establishes a series of livelihood benefits for their poor, needy and other needy people without any discrimination. It is the responsibility of the Caliph to ensure that no citizen of the Islamic state is deprived of livelihood.
Once, Hazrat Umar saw a blind old man at a gate during his patrol. He placed his hand on his back and asked him, “Which group of the People of the Book do you belong to?” He replied, “I am a Jew.”
Hazrat Umar asked how this turn of begging came about. The Jew said, “Because of the threefold afflictions of paying the jizyah, gluttony and old age.” Hearing this, Hazrat Umar took his hand and brought him home and gave him what was available and wrote to the treasurer of the treasury:
“Investigate this and other such needy people. By God, it is not fair for us to collect jizya from them in their youth and leave them to the humiliation of begging in their old age. In this verse of the Holy Quran (Inma al-Sadaqat ul-Faqra’ wal-Masakin), in my opinion, the poor people mean Muslims and the poor people mean the poor and the strangers among the People of the Book. After that, Hazrat Umar waived the jizya from all such people and also appointed a duty from the treasury.
The covenant that Hazrat Khalid bin Walid wrote for the people of Hira during the caliphate of Hazrat Abu Bakr is a clear example of the equality of Muslims and non-Muslims in social rights: “And I decree that if any of the dhimmis becomes incapacitated due to old age, or if any of the earthly or heavenly calamities afflicts them, or if any of the wealthy among them becomes needy and If the people of the religion start giving charity to him, then the jizya is exempted from all such persons. And the Baitul-Mal is responsible for the livelihood of them and their families as long as they remain in the Darul-Islam.
Rights of the Treaty-holders
All those entitled to the above rights share the same rights, except for those non-Muslim subjects who have become citizens of the Islamic state through a treaty or peace treaty without war or before being defeated during war, they will be dealt with according to the terms of the peace treaty. These terms will be strictly adhered to. They will not be exceeded even by a single inch, nor will they be subjected to any kind of abuse, nor will their rights be diminished. Neither will their religious freedom be taken away, nor will they be burdened beyond their capacity.
The one who violates the treaty will have to stand before the bench of retribution in the Hereafter, and the Messenger of Allah (peace and blessings of Allah be upon him) will intercede against him on the Day of Judgment.
“Whoever violates a treaty, or diminishes it, or has a successor who is more powerful than he is, or takes something away from him without a good soul, then I am the witness on the Day of Judgment.” Beware! Whoever wrongs a person in a contract, or diminishes his rights, or burdens him beyond his capacity, or takes anything from him against his will, I myself will be the judge against him on the Day of Judgment.
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