Protecting The “Non-Muslim” Citizens of an Islamic State

Chapter Index.

Chapter 1. Definition of Terms : Definition of terms that one is likely to come across when
dealing with the subject of Non-Muslims in an Islamic State. What is meant by Ahl-Adh-Dhimmah or Dhimmis?; Are they full citizens?; Who are they protected by? People belonging to the Abode of Islam; Linguistic Differences; Other Terms; Gender Terms;terms relating to Tourists and Visitors in an Islamic Country.

Chapter 2.
Moments of Reflection Are Superior Than a Night of Extra Prayers Strongly worded warning from The Prophet; God's Wrath on those who mistreat because of FAITH; Special in the Eyes of Shariah; Knowledge Lost Property of the Believer, The

Chapter 3.
First Islamic State; Madina Charter, Treaty of Jerusalem written in 15A.H., Terms of the Treaty (Protection of lives, properties, churches, crosses etc), Witnesses to the Treaty, A Financial Instrument specially for Non-Muslims, State Benefits without Distinction, Orphans Alike, An Angelical nudging to look after the neighbour, Honouring a Funeral, Believers and Non-Believers God feeds All, Just a Word of Disrespect would breach the covenant, Fight only the active combatants, War or Peace – the same protection,

Chapter 4.
What an Islamic State Cannot do? No hot pursuit of an Apostate, No incitement of citizens of other States, Punishing citizens for the policies of their government,

Chapter 5.
What an Islamic State Should do? Their Right to Expect Protection from the State, Even on the death bed think of them, Liberty should be sought for every one and not just for people of a particular faith, Obey the laws of the adopted country Protect the Tourists,Tourists have responsibilities too, A woman's pledge of security is equal to that of a man, Asylum given by one individual is binding upon all the Muslims in the community, Heart is where the Faith resides, Protection for Animals too,

Chapter 6.
Five Kinds of Violence

Chapter 7.
What needs to be protected. Life (Non-Muslim's blood is at par with that of the Muslims), Money and Property, Honour, Freedom of worship, Places of worship, Repairs to the Places of worship,Right to live according to the tenets of each community's own religious laws, Eating and Drinking habits,

Those NON-MUSLIMS who live under the protection of an Islamic State are referred to as " Ahl-AdhDhimmah or Dhimmis i.e. the Protected People, meaning that God, the Prophet(pbuh), and the entire

Muslim Society has made a covenant with them, so that they may live in peace, safety and security under the Islamic State. Implementing this covenant is both, a FARD KIFAYA (Collective Obligation) on the government and it's agents and employees and a FARD AYEN (Obligation on the individuals) to be taken on by each member of the society. Dhimmis are "full citizens" of an Islamic State. Jurists from all major schools of thoughts in Islam, and there are 4 such schools of thought1, state firmly that Dhimmis enjoy the same rights and carry the same responsibilities as Muslims themselves, whilst being free to live by the practices and traditions of their own faiths. Dhimmis are protected by the covenant of Allah, His Prophet, and the whole Muslim Nation. Like their other fellow citizens, the Dhimmis are also ahl dar al-Islam or the people belonging to the abode of Islam.2

Linguistic Difference.

Spoken Arabic has quite a few different dialects, and some of them pronounce the term Dhimmi with a Z sound, writing this phonetically, the term would then be spelt as Zimmi. Furthermore, in Arabic a word can have many different meanings, and looked at closely, all of those meanings will have a link of some common concept or attribute. The word Dhimmi ( or Zimmi) has connotative links with the following words. Al A’hed - a treaty or agreement, Al Amaan – security, Al Dhamaan – guarantee, Al Kafaala – guardianship, Al Haq – rights, Al Waajib – duty - all of which collectively would convey the idea of a treaty or an agreement that guarantees security, guardianship, conveys rights and identifies duties. With reference to genders, Dhimmini(Zimini) – is the masculine form whilst Dhimmiyyah(Zimmiyyah) is the feminine form of the noun and Dhimmah(Zimmah) is the pronoun or the subject and Ahl Al Dhimmah (Zimmah) is used to refer to the people collectively both male and female who are under the protection of the Islamic State. Terminology used in connection with non-Muslim Tourists and Visitors The word Al-Mustaminn is commonly used to refer to the non-Muslim Visitors and Tourists within an Islamic State in order to distinguish them from the non-Muslim permanent residents who are the citizens of the Islamic State. In order to understand the wide range of meanings associated with a word in Arabic, it is useful, and perhaps even necessary, to know of the root word from which the term originates and then know of and understand the meanings of the range of other words that the original word lends meaning to. And, in that sense the word Al-Mustaminn originates from it's root word Amina meaning the one who protects, this is linked to the following other associated words having meaning with the same ethos.... such as Al A’hed - treaty agreement, Al Amaan – security,Al Difaa’ - defending/protection Al Himaaya - supporting/defending/protection,Al Zawod - defending/protection Vis-a-Vis the genders, Mustaminn is used to refer to the male, Mustamina for the female,AlAmaan for the subject and Ahl Al Amaan the plural form is used to refer to the people under the protection (Amaan) both male and female. The definite form Al Mustaminn, with an i, is used to refer to the one who requested protection (Al Amaan ) and Al Mustamann, with an a, refers to the one who provides the protection (Al Amaan.) The most profound and strongly worded condemnations of any mistreatment of non-Muslim Citizens to be found any where in the Islamic Texts are contained in Hadith(s) 3, 4 statements of Prophet Mohammad (pbuh)5. In one “Thundering” Statement, he warned the Muslims not to mistreat nonMuslim co-citizens saying that “if any one oppresses, infringes the rights or burdens beyond the limits of bearing or takes something against the will from a non-Muslim citizen of an Islamic State, then he i.e. Prophet Mohammad (pbuh) will himself be an adversary of that person on 1The 4 schools of thought that are named after their leading exponents are : Hanafi, Maliki, Shaafa'i and Hanbali 2IMUS – International Union of Muslim Scholars Ci 3 Hadith: There are two meanings of this Term. One is an all embracing umbrella term which covers all his Verbal Statements, his lived examples, and his approvals of deeds of others, whilst in the Second more specific meaning, this term refers to his Oral teaching / guiding statements. 4 Please see summary of Prophetic and other statements in support of the non-muslims at the end 5 pbuh = Acronym for “Peace Be Upon Him”, an Invocation / Epithet pronounced by Muslims when they read or hear Prophet Mohammad’s name, invoking Allah’s peace upon him

the day of judgement”6. On another occasion, he gave the foreboding that Paradise is forbidden for any one mistreating a non-Muslim Citizen of an Islamic State saying that “Whoever harms a nonMuslim citizen of an Islamic Sate will not enter Paradise” 7. This is almost like saying that whosoever mistreats non-Muslims will not be regarded as a Muslim on the Day-of-Judgement, because what chance has a Muslim got on that day if Prophet Mohammad (pbuh) will be his adversary and paradise being banned for him?. This is very much like a domino effect, that when someone hurts a non-Muslim then they hurt Prophet Mohammad (pbuh), and when they hurt Prophet Mohammad (pbuh) they hurt ALLAH Almighty Himself and when you do that you fall, because there is no chance that you will remain standing if you annoy God8 Thus, mistreating someone because of their Faith will incur God's wrath. The requirement is not just to treat the non-Muslims with honour, dignity and respect, but also to fight an actual battle on their behalf in order to protect them against aggression. For instance, if an area within an Islamic State predominantly habituated by Non-Muslim Citizens were to be invaded by a Foreign Power then it is incumbent upon the Muslims to come to their aid militarily9 Non-Muslims, no matter which country they live in irrespective of whether they form a minority or the majority in that country, occupy a special position in the eyes of the Shariah Law vis-a-vis the relationship that exists between them and the Muslims. When we talk of Shariah Law let us not confuse the Shariah Law that is derived from the Islamic Texts i.e. The Quran and the teachings of Prophet Mohammad (pbuh) with what we see manifested from the fallible human minds in some Muslim countries where a minority (and hopefully it is only a minority) of Shariah Court Judges exert their own personal interpretation of the Quran and Hadith based on tribal or cultural practices and traditions dressed as Islamic Tenets and brought “them” to bear on cases. Often such pseudo scholars and judges have LITTLE or no knowledge of Arabic, hence their understanding of Islamic Texts is limited to what their village elders have told them, the breadth and extent of their reading is also limited to the books in their tribal, regional or ethnic languages. Often their upbringing has had no tradition of “reflection” despite the fact that Prophet Mohammad (pbuh) himself emphasizing the importance of reflection once famously said that “...a moment spent in reflection is far superior than a whole night of supererogatory prayers”. Unfortunately for some Shariah court judges, their knowledge is based solely on what they have been “told” rather than what they have deduced from contemplative thinking, and this is how Shariah Laws, as practised in some Muslim countries, begin to give a bad name to the Institution. Cutting off of hands and stoning of fornicators are punishments that actually have their origin elsewhere and pre-date Islamic Shariah Laws whose Objectives in reality are the Preservation of Life, Property and Intellect. Muslims are not allowed under any circumstances to burn holy books or places of worship of non-Muslims or to abuse them in any way shape or form. Yet, we often find that when misguided non-Muslims want to attack Islam they either desecrate the Quran or lob entreats from the carcass of pigs at a mosque. Knowledge is the lost property of the believer, said Prophet Mohammad (pbuh), and the Central library in the Capital of Muslim Spain of 6 centuries ago carried over 400,000 volumes.

The first Islamic State

was established at Madina when Prophet Mohammad (pbuh) bonded together the Migrants from Mecca with the Ansars (hosts) of Madina into brotherhoods of parallels and gelled them with non-Muslim tribes living in and around the city through various alliances that he organized. Then he worked out the Madina Charter, the Charter which for all theoretical purposes was the first Muslim Constitution, enjoined Muslims, Jews, Christians and others into a common bond of equal citizenship of the State with the non-Muslims given the choice of living by their own religious or tribal laws in matters that affected their private and personal affairs. There were many Jewish Tribes living in Madina at the time of the establishment of the 1st Islamic State, and not only them but their allied tribes also benefited from the rights stated in the Madina Charter. Alliances and Treaties were entered into with many tribes sign-posting the political sagacity of Prophet Mohammad (pbuh). Freedom of religious expression which did not impair similar freedom of other people was available to everyone. The Best in the sight of GOD are the ones that are the Most Pious maintains the Quran10 without basing it on any religion. There is No Compulsion in Religion is another of the Quranic Assertion affirming that Truth stands out clear from falsehood11 and falsehood by it's very nature is 6 Reported in a Collection of Statements of Prophet Mohammad (pbuh) compiled by Abu Dawood and Bayhaqi 7 Reported in a collection of the Statements of Prophet Mohammad (pbuh) complied by Imam Muslim 8 Reported by At-Tabarani in Al-Awsat cf: (Fatwa Section) 9 The Jurist Ibn Hazm in his work Maratib Al-Ijma cf as 4 above. 10 Quran ( ? : ? ) 11 Quran ( ? : ? )

bound to wither away12 states the Quran further.

First constitution of the islamic state...
The first ever constitution of an Islamic State, referred to as the Madinah Charter, stipulated that “They (the non-Muslims) have the same rights that Muslims have and undertake the same duties that Muslims undertake.” This document was prepared by Prophet Mohammad (pbuh) in 622 AC. It provided for “all” the citizens without any tribal, ethnic or religious distinction the right to protection of life and property, protection against foreign aggressions and the right to justice and the right to freedom of religion specifically stated by the Quran13 giving to all religious groups the right to conduct their lives according to the laws and rules of their own faith. A Prof. Of Cambridge University contrasting the Jerusalem under the Crusaders who had burnt places of worship and fed their opponents to lions, with the take over of Jerusalem by the Muslims under commander Sallah-Al-Din Ayoubi, said that, it were the Muslims who declared religious freedom for all people.

treaty of jerusalem....
The terms of this Treaty, signed by Omar the 2nd Caliph of Islam with Sophronious the Patriarch of Jerusalem, known in Islamic Historical Texts as Sulah-e-Qudasia (Treaty of Jerusalem) is a blue print and a source document for the protection and special privileges that an Islamic State is obliged to provide to it's non-Muslim citizens. This particular treaty specifically guaranteed the security of the Churches giving assurances that no harm will be done to the people or to their properties on account of their religion either by way of physical changes or encroachments. The Treaty also gave the right to Christians to live their lives according to the tenets of their faith and the right to bear their crosses in their areas, and further that, should any one still wish to leave the city for elsewhere, then they were guaranteed safety till they reached a new place of their choice with the added freedom to take all their possessions with them. The departing people were issued with letters of indemnities from taxes for 1 year requiring the governors of the provinces that they had to pass through on their journey to provide all possible assistance to the travellers. These terms were offered to the Christians as a whole and applied to all of their sects. TERMS OF THE TREATY OF JERUSALEM... To ensure that the treaty sticks and serves as an instrument of guidance for future generation of Muslims and Non-Muslims alike, he (Omar, the 2nd caliph) made some of the leading companions of Prophet Mohammad (pbuh) sign on the treaty as witnesses. The Treaty starts with the focus on “protection” demonstrating how important this is in ensuring that non-Muslims live in confidence of security and peace in the knowledge that no body will interfere with their right to live by their own faith's traditions. The salient points of the treaty are that :
That the protection to the non-Muslims is... • • • • The Protection for their lives and properties For their Churches and Crosses Their Sick and their Healthy And For All Their Co-Religionists

The Treaty also guaranteed that...
• • The Churches will not be used for habitation, nor shall they be demolished nor shall any injury be done to them or to their compounds or to their crosses, nor shall the people's private properties be injured in any way There shall be no compulsion on the people in the matter of Religion, nor shall any of them suffer any injury on account of their religion

12 Quran ( ? : ? ) 13 Quran ( 2 : 256)

• •

The people of the City undertake to pay Jizyah like the inhabitants of any other city. The Life and Property of a departing Roman shall be safe until he reaches a place of safety which

meant safety

all the way.
• And any Roman who makes his domicile shall be safe and shall pay Jizyah i.e. Asylum

seekers were assured

of safety.
• If any of the inhabitants wish to leave with the departing Romans and wish to take their properties away with them, then they will be safe until they reach their place of safety i.e. Emegrees were provided with generous

re-location assistance.
• Whatever is written herein, the treaty stated, is under the Covenant of ALLAH, which meant that nobody could renege on it and the responsibility of His Apostle, of the Caliphs and of the Believers, making it a religious obligation on the Muslims to implement it, as long as the people of Ailiya pay the Jizyah imposed on them. Witnesses to this deed were Khalid b. Walid. ‘Amr bin Al-As, ‘Abd Al-Rahman b. ‘Auf and Mawiyah b. Abi Sufyan - Written 15 A. H. 14all of them leading companions of Prophet Mohammad (pbuh) which

ensured the treaty's wide acceptability. Bearing in mind that all these terms were offered over 1400 years ago goes to show that Muslims were far ahead of their times.
Once Omar was asked to give some advice, and he recommended that people should abide by the rules and regulations concerning the non-Muslim protectees of Allah and His Apostle, to fulfil their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities." On another occasion, Omar emphasised the need to look after the non-Muslims in the following way..“Prevent Muslims from wronging or causing harm to them (non-Muslims) or taking their property illegally.” Thus, the ordinances to Protect and care for the non-Muslims are seen as coming directly from God with people answering to Him should they fail in this, their Obligation.

A financial instrument developed specifically for the non-muslims. The Quran firmly holds that there is “No Compulsion in Religion”15 and in pursuance of this divine ordinance, a financial instrument called Jizyah was developed specifically with the non-Muslim citizens in mind. This was a tax that they paid in lieu of which they got Social Services and Protection against foreign aggression and other rights and freedom, and in some instances they were also given exemption from military service which in the early days of Islam was a compulsory obligation on Muslims. Without a specially designed financial instrument, the non-Muslims would have had to partake in what is essentially a pillar of Islam the divinely instituted Tax frequently mentioned in the Quran as a requirement along with the obligation to pray16 these are two of the 5 founding Pillars of Islam, and forcing one of them onto nonMuslims would have violated their guaranteed right to live by the tenets of their own faith and would have also contravened the earlier forceful divine ordinance stated in the Quran that “...there is no compulsion in religion” No differentiation is to be made when distributing State Benefits. Taxes collected from Muslims through one of Islam's five principal pillars called Zakah, should be spent on the needy of the “entire population”, Muslims and non-Muslims alike. This principle was firmly established by Prophet Mohammad (pbuh) himself who would give a portion of the funds from Zakah to the needy
14At-Tabari, Tarikh, Vol III, p. 609, ed. Dar Al-Ma`arif, Egypt. 15 Quran ( 2 : 256) 16 Iqamat-us-Sallat wa AtaauzZakkat (Quran



amongst the non-Muslims and he would also share the booty or spoils with them. A latter day Caliph Umar Ibn Abdul Aziz reasserted this when he instructed a governor of one of the provinces to fix a regular stipend from the Baitul-Maal (Islamic Public Treasury) which would be sufficient to meet the needs of the old, the infirm and those who have no means of supporting themselves from amongst the non-Muslim citizens. Scholars of Civic Studies should be just in giving credit to the Islamic State in Pioneering the Social Security System17. muslim or non-muslim orphans, alike....
When it comes to looking after orphans, once again, no distinction is to be made based on religion.18 Every orphan needs must be looked after irrespective of his or her faith and without trying to influence him into learning about one or the other religion hoping that as the child grows in age he/she will be picking up the religion of the sponsor., if the support of an orphan is made conditional to the orphan adopting a particular faith then the chances are that this voluntary good deed may not find divine approval. For tiny tot orphans, the choice of the religion under whose aegis it will receive it's upbringing will be based on the faith of it's parents or their expressed wish or based on whichever religion they would have implemented themselves for the child had they lived, but with the child given the chance to choose the religion of it's own liking when it comes of age. For infants, the choice is based on whatsoever religion they have thus far been raised under. No religion is to be imposed on any orphan as a condition for it's support. This then engenders a healthy climate in which different Faith based Orphanages can operate side-byside each raising orphans under the ethos as indicated by the background or circumstances of an orphan. However, individuals supporting and sponsoring an orphan should allow the child's background to dictate the choice of the ethos of upbringing without unduly influencing or coercing that decision, this means that a non-Muslim can support and sponsor an orphan that is raised as a Muslim, and equally permissible it is for a Muslim to support and maintain an orphan that is raised as a non-Muslim.

Look after your neighbour, nudges an angel
One legend associated with Prophet Mohammad (pbuh) has it that he was often asked by Angel Jibra'eel (Gabriel) whether he had looked after his neighbour? And this questioning happened so frequently that at one stage he thought that he would be asked to nominate his neighbour as one of his inheritors.19 Indeed it was another neighbour who would habitually throw garbage at the front door of Prophet Mohammad (pbuh) and when on one day no garbage was found Prophet Mohammad (pbuh) went to call on that neighbour wondering if the absence of garbage meant that the neighbour was unwell? On both of these occasions his neighbours were non-Muslims who had received such caring attention from him. It is an established Islamic understanding that if you unnecessarily stretch your obligatory prayers or spend long hours in supererogatory prayers whilst your neighbour, with no distinction made between a Muslim or a non-Muslim neighbour, sleeps on a hungry stomach, then all of such overstretched prayers will be thrown back at you as valueless.

Honouring a funeral cortège...
In death as well, no distinction is to be made between a Muslim or a non-Muslim deceased with each deserving it's rightful respect. Once a funeral cortège of an unknown person passed by, and seeing that Prophet Mohammad (pbuh) stood up as a mark of respect. One of his companions who knew of the deceased, nudged and whispered that it was a Jew's funeral cortège, but he (Prophet Mohammad [pbuh]) remained standing maintaining that the deceased was also a creation of Allah, thus he set a lived example of the principle that living or deceased we are all God's creation and as such deserve to be respected for that.

God makes no distinction of faith when feeding people...
In an earlier generation a man was famous for his table-spread hospitality ensuring that he had guests at every meal time. One day there was no body that he could host, so went out of his house and

17Abu `Ubayd in his book Al-Amwal, 18Dr. `Ali As-Saratawi,head of the Jurisprudence Department at Najah University in Nablus, Palestine,cf 19 ? ? ? Hadith

invited the first person he saw for a meal, but as the visitor put the first morsel of food in his mouth, the host held his hand and stopped him from eating and asked him to leave his table citing the reason that the visitor had not uttered the words “...In the name of Allah the Most Beneficent and the most Merciful” (a standard practice with Muslims that whenever they embark on any act or deed they do so in the name of Allah and by recounting two of His most famous Attributes Rahim – the Most Merciful and Rahman – the Most Beneficent), the host surmising that the visitor not having recited the invocation was not a Muslim, he then asked the man to leave, as the visitor left, Allah severely admonished the host saying that, you sent him away from your table-spread because he didn't take my name just once whereas I Allah, the Sustainer of the world have kept that man fed all through his days without him taking my name even once. The moral of this story being that if Allah can tolerate someone who has not taken his name even once, who are we then to withhold courtesies, privileges, benefits or food from such persons. A latter day saintly person once wrote, that, “when someone comes to our door, we know who has sent them, so we cannot refuse” Withholding food even from animals is likely to draw damnation in Hell Fire, and enticing an animal with a bucket of food that turns out to be empty is likely to render that person as unreliable and untrustworthy. Once a person who was seeking to collect hadiths (Prophetic teaching Statements of Prophet Mohammad(pbuh)) was given the address of a person who was said to have a few in his possession, upon reaching there he saw that man trying to entice his herd of sheep into the pen with an empty bucket of fodder, the enquirer turned back, with the view that such a person cannot be relied to convey some thing from the Prophet un-adultered, such was the emphasis that collectors of Hadiths paid to trustworthiness of narrators to ensure authenticity and correctness.

A mere word of disrespect would breach the covenant...
Scholars from all the major juristic schools of thought in Islam have emphasised the obligations placed not only upon the Offices of the Islamic State but also upon individual Muslims about their covenant to ensure the rights, privileges and safety of non-Muslim inhabitants and neighbours. Whoever transgresses against them, even with a mere word of injustice or insult against any non-Muslim, has breached the Covenant of Allah, His Messenger, and his or her conduct would be considered counter to the teachings of Islam20 and furthermore, such a person will have to face the ordeal of Prophet Mohammad (pbuh) as his adversary on the day of judgement. Another Muslim Jurist has gone so far as to suggest that “we must be prepared to sacrifice our lives in protecting non-Muslim citizens”.21. He maintains further that to hand him or her over to an enemy would mean that we were negligent of the Covenant of Allah and His Messenger.

In war and in peace....
The ethical constitution of a legitimate war in Islam dictates that it is prohibited to kill anyone except those who are fighting. In a legitimate war, fighting is restricted to face-to-face confrontation between Muslims and the army of the aggressors. However, in the modern times, when an attacking enemy artillery, plane or submarine is often miles away or submerged below the surface, then the definition of face to face confrontation as being the only permissible state in which fighting is allowed may have to be changed to what can be electronically seen or sensed. Moreover, the Prophet (peace and blessings be upon him) forbade killing women, children, the aged, monks in their hermitages, farmers in their lands, and traders. This ruling of prohibition is stressed by Qur’anic verses, the Prophetic Hadiths, as well as the directives given by the Rightly-Guided Caliphs. The rules governing the requirement to protect the lives, properties and places of worship of nonMuslim Citizens apply even in time of war, and in the unlikely event of them being found to have aided the enemy, still no physical harm is to be done to them or to their properties. During the time of the 2nd Caliph one such group was found to have provided information on Muslim troop movements to the enemy, and the worst that was done to them was expulsion with double the market price being paid to them for their immovable properties. Historically, such expulsions were for their treachery and not because of their faith. Even in the thick of a battle, Muslims are enjoined not to harm women, children, the elderly, priests of other faiths and those seeking sanctuary in their places of worship which have also been made inviolable. Muslim armies are further prohibited from sacking cities, harming vegetation and animals. 20Shehab Ad-Deen Al-Qarafi, a Jurist from the Maliki School of thought;cf 21 Ibn Hazm a Jurist form the Zahiri School of Thought

During a march, a female dog was found in a distressed state fearful that soldiers may harm her recently laid litter, Prophet Mohammad (pbuh) then assigned one man to stand guard around her and the litter, directing soldiers away from them.

Who is More tolerant...?
There is not one “non-Muslim” Country which allows Muslims to live their lives in accordance with the Islamic tenets, but an ideal Islamic State like the one that existed at the time of Prophet Mohammad (pbuh) followed by his succeeding 4 Caliphs who diligently implemented the Islamic Law gave to it's non-Muslim citizens, freedom in matters of personal life for affairs such as marriage, divorce, inheritance etc. thus supporting them to live according to their own doctrinal laws. So, which is a more Liberal society? One that allows this freedom to it's minorities or the one that does not demonstrates this broadness of mind in their statute books. This liberalism of an Islamic State, at least in theory, would bend over backwards to even allow it's non-Muslim citizens to eat their own food according to their own dietary rules, “even if this means them consuming alcohol and eating pork”, things that would draw severe penalties on the Muslims from the state. but not so if it were non-Muslims who were consuming them. This facet of liberalism to a very large extent, is present in many of the non-Muslim countries today specially in the West where HALAL22 Butchers and HALAL Restaurants have become an accepted part of the inner city life in cities inhabited by a large number of Muslims. When people demand privileges for non-Muslims living in Islamic countries, then this should be accompanied by a corresponding demand for similar rights for Muslims living in non-Muslim lands. Recent controversies such as the one about the veil gave rise to a spate of cries of isolationism from the very pinnacle of the political spectrum suggesting that there is a long way to go before the west gives Muslims the same rights to live by the tenets of their faiths that it demands for the non-Muslims living in Islamic Countries. If wearing a veil is a mark of isolationism, then one might ask what about the monks and nuns who seclude themselves in Abbeys and Monasteries? It may have escaped the attention of many that one group of veil wearing Muslim women are running a successful publishing house23, whilst another one is the author24 of an increasingly popular book and has a website of her own. Then we have the case of a young girl who had to go to the High Court seeking her right to be allowed to wear the colours of her school uniform tailored to conform to the Islamic requirement of dress etiquettes, she won her case in the High Court but lost to an appeal by the local Education Authority in the Superior Court, ironically her case was advocated in the High Court by the wife of the Prime Minister of the country. There are many Convents, Churches and Cathedrals throughout the Islamic World, but one is aware of not a single case where the State in a Muslim Country has forced Nuns working there to give up their hobbit.

Apostasy misunderstood
It is alleged not only by the western scholars but by some “textual” Imams as well who have limited knowledge and understanding of their own history claiming that Islam dictates capital punishment for a Muslim who “Apostates” whilst at the same time welcoming converts from other faiths. To the Western way of thinking this appears to be hypocritical. People on both sides of the argument need to understand that in terms of belief, going over to the other side has never been a criminal offence under Islamic rules, that is, if they are properly understood by those purporting to have knowledge and by those claiming God given right to inflict death penalty. In fact, one man had done just that right to the face of Prophet Mohammad (pbuh) and simply walked away after casting off his Islam, but no body laid even a finger on him, if there was the rule of death upon apostasy it would have been implemented there and then, but as we know, nothing happened to that person. We therefore need to understand What Apostasy is and not mix it up with high treason. On a personal level, any one is fully entitled to take up or give up Islam at any time as and when they feel like it, that is a matter between them and Allah, but after abandoning one's faith if some one then acts seditious in 22 The term literally means “permissible”, but in the context here, it means Meat that is drawn from animals slaughtered according to Islamic method which by and large mirrors the Jewish method with the difference that islamically the name of Allah has also to be pronounced at the time of slaughter. 23 Learning Roots, Publishers of children activity books ; 24 Naima B. Roberts, author of From My Sisters Lips;

a manner of high treason, and if they were whilst doing that, within the jurisdiction of an Islamic State, then and only then, the State, in common with statutes of most other countries has the right to implement the laws for High Treason, in which case the punishment is for “treason” and not for apostasy. Mere Apostasy with no intent to cause harm to Islam or Muslims draws no human penalty.

What an islamic state cannot do…!
If an Apostate crosses geographical borders and goes to reside peacefully in a non-Muslim country, then the Islamic State has no power to ask for that persons return. And, if that person having gone over to another country to reside, busies himself in anti Islamic propaganda writing articles, plays and giving speeches that portray Islam and Muslims in a negative light, even then, the Islamic State which he came from originally, has no right to pursue that person across International Borders even for his apostasy and anti Islamic activities. “An Islamic State, or for that matter a scholar, also has no right to Incite Muslims living in a non-Muslim country to act against any citizen / resident of that country, Apostate or not, or, even to incite them against any other interest of that host country”. Muslims are under an obligation to live and abide by the laws of their adopted country and even to defend their adopted country against foreign aggression. Incitement of the local population of another country will be regarded as meddling in the internal affairs of that country.

What an islamic state should do......
The Right to Expect Protection from the State..... An Islamic State must accord to ALL it's citizens, Muslims and Non-Muslims alike, their Right of Protection. They must be safeguarded against all aggression whether the aggression comes from Outside the borders or from within. This issue of the Rights of Non-Muslim minorities is of such importance, that often a caliph or a ruler or a governor would insert instructions in his last will and testament as a matter of guidance for his successor, as did the second Caliph Omar, who from his death bed included the following as the very last point in his will, instructing his successor in the following words.... “I instruct you on behalf of the people who have been given protection in the name of Allah and His Prophet [i.e. the nonMuslim minorities within the Islamic state known as dhimmis]. Our covenant to them must be fulfilled, we must fight to protect them, and they must not be burdened beyond their capabilities"... this was basically in line with what Prophet Mohammad (pbuh) had said on different occasions and ensured the continuity of his teachings on the matter. There various versions of what Omar said on his death bed as part of his bequest to his successor , and in one version he is showing concern for the early day immigrants to Medina, remembering also their hosts the Ansars, he also recommended that the good deeds of the righteous amongst the Ansars be heartily accepted whilst their wrongs to be excused because they were infact the protectors of Islam and that the taxes on them be drawn only if they have surpulus. He also thought of the bedouin as they were thought to be the origin of the Arabs recommending that the taxes on them should only be drawn from the most inferior of their properties . He then recommended for his successor to abide by the rules that were established by Prophet Mohammad (pbuh) inspired by Allah Himself that the contract of protection with them be fully abided to and if need be to fight for them and that they should not be taxed more than what they can bear.

Such is the importance that Muslim rulers of the early days of Islam placed on securing the best treatment for their non-Muslim subjects, that at the time of dictating the above noted instructions regarding them caliph Omar was lying in his death bead after having been stabbed by a non-Muslim with a dagger soaked in poison while he was leading the Fajr (pre-dawn). From a normal ruler of any times one would have expected a wave of feelings of revenge for the assassination attempt, but for Omar despite being the ruler of a vast empire that spread from Egypt to Persia, instead of revenge he is thinking of ensuring the continued care safety and protection of the non-Muslim citizens. This demonstrates another very important Islamic principle that you do not blame a whole community for the wrong deeds of an individual and that you do not punish an entire group for the crime of one

person, and further that you do not wreak revenge on a group for what was done by an individual from there. As more lands came within the remit of the Islamic State, the Caliph of that time would include amongst his instructions to the governors of the newly acquired provinces, instructions for the protection of the non-Muslim residents in line with the instructions of Omar from his death bed. A latter day scholar Ibn-e-Taymiyah expanded this concern for non-Muslim citizens even further in his negotiations with the Tartar King Qultoo Shah for the release of the Prisoners of War that his forces had taken after occupying some Muslim lands, insisting that along with the Muslims all other prisoners of war should also be released, thus establishing the Islamic code of ethics with respect to P.O.Ws that liberty is universal and cannot be limited to Muslims only.25 The Islamic State under Prophet Mohammad (pbuh), successfully replicated by the following rightly guided caliphs, set very solid examples for the later generations of Muslim Heads of State such that Muslim History of even a few centuries ago is remarkably free of accusations of inquisitions, persecutions, witch-hunts and holocausts that have so tarnished the history of some other societies. Muslim Spain under the Ummayads and Baghdad under the Abbasid caliphates are shining examples of Muslim Sates opening their doors to people of other faiths fleeing from persecutions in their own homelands. In the most recent of history, Jews who managed to escape the holocaust fleeing from Nazi Germany found safe haven in Muslim Countries like Morocco, Tunisia, Turkey and Iran26. The Islamic State is duty bound to also ensure that non-combatant non-Muslims living peacefully within it's boundaries are protected “also from” any injustice, wrong doing and oppression instigated internally. PLEDGE OF PROTECTION TO THE TOURISTS: Terminology used in connection with non-Muslim Tourists and Visitors The word Al-Mustaminn is commonly used to refer to the non-Muslim Visitors and Tourists within an Islamic State in order to distinguish them from the non-Muslim permanent residents who are the citizens of the Islamic State. In Arabic, in order to understand the wide range of meanings associated with a word, it is useful, and perhaps even necessary, to know of the root word from which the term originates and then know of and understand the meanings of the range of other words that the original word lends meaning to. And, in that sense the word Al-Mustaminn originates from it's root word Amina meaning the one who protects, this is linked to the following other associated words having meaning with the same ethos.... such as Al A’hed - treaty agreement, Al Amaan – security,Al Difaa’ - defending/protection Al Himaaya - supporting/defending/protection,Al Zawod - defending/protection Vis-a-Vis the genders, Mustaminn is used to refer to the male, Mustamina for the female,AlAmaan for the subject and Ahl Al Amaan the plural form is used to refer to the people under the protection (Amaan) both male and female. The definite form Al Mustaminn, with an i, is used to refer to the one who requested protection (Al Amaan ) and Al Mustamann, with an a, refers to the one who provides the protection (Al Amaan.) Apart from the Islamic State's obligation to protect it's own citizens, Muslims and non Muslims alike, there is a pledge also to protect those people who enter Muslim countries for a temporary period either as traders on business or as Tourists. The stamping of a visa to such people is considered a pledge of security (i.e. `ahd aman) to them for such time that they are in the country. Islam prohibits any violation of this pledge either by the State or by individuals acting independently. Those visiting a Muslim Country either as tourists or traders are guests of the State and the citizens and according to one Prophetic Teaching, any body who is a Muslim must honor his guest as the guest deserves to be honored.27 , hence attacks on guests goes against this commandment of Prophet Mohammad (pbuh) Those who bomb and kill Tourists in their own countries, have chosen the most un-Islamic of methods 25 Cf 26 Cf excerpted, with slight modifications, from: 27 Reported by the Companion Khalid bin 'Amr and recorded in the Collection(s) of Prophetic Statements known as Bukhari and Sahih Muslim

to make a point. One of Allah's purposes for the Ministry of Prophet Mohammad (pbuh) as stated in the Quran is that “We have not sent you except as a Mercy to all the Worlds”28 His mercy is not just for human beings but extends to animals, plants vegetation and all other creatures of GOD. So, what justification do people who claim to be his followers got to kill in cold blood innocent people Muslims and Non-Muslims alike in order to make a political point. According to one famous Islamic legend, withholding food from her cat has earned a woman a guaranteed place in the Hell Fire even before the day of judgment, then what chance there is for those who shed innocent people's blood whose only crime was to come and see their beautiful country. In connection with the bombings that took place in the Sharmal Shaikh resort of Egypt and in similar resorts in Turkey, and the 7/7 bombings of London Tube and Buses which took the lives of innocent passengers, the International Union for Muslim Scholars (IUMS)29, lead by the renowned contemporary scholar Shaikh Yusuf Al-Qaradawi said that...such cold blooded killings are wholly contrary to Islamic teachings. It further said that the blood of “all” human beings irrespective of their religion, is sacred, and is unlawful to shed. They have referred us to the Quranic verse which states that “Whosoever kills a human being, the punishment for him will be as if he has killed all of humanity”30 In response specifically to the Sharmal Shaikh incident of July 2005,an Arab Satellite channel Iqra had organized a conference in the same town just a month after the incidents Sheikh Yusuf Al-Qaradawi stated that it is categorically prohibited for a Muslim to harm a person who has been given the pledge of security by any Muslim even if such pledge is by an individual. The body, property, and honor of such a protected person is fully secured. The security pledge by an individual is regarded in Islamic Shariah as being as effective as a pledge by the State and even a State cannot violate that individual pledge TOURISTS HAVE SOME RESPONSIBILITIES TOO.... We must not forget that Tourists and foreign visitors have some responsibilities too, to ensure that they respect the local cultures, customs, and traditions of Muslim countries they are visiting. And, even if they violate them, that still does not justify individuals from the host country taking the law in their own hands and wreaking punishments on the tourists. It is just not permissible for individual citizens to violate the pledge of security given by the State. In the event of a very serious violation by a foreign visitor of the terms of security granted to him, then, Only the State is empowered (not any individual citizen) to require the removal of that visitor from the country. A Woman's Pledge of Security stands Equal to a Man's pledge of Security... The most definitive example of the strength of such a pledge is drawn from the case of Umm Hani v Ali the son-in-law of Prophet Mohammad (pbuh). The sister had given a pledge of security to a relative who was a disbeliever whilst her brother Ali wanted to harm that lady. The sister took the case to Prophet Mohammad (pbuh) who strengthened that guarantee of security by adding his own pledge to it31, the decision thus went against the son-in-law of the Prophet. Muslim scholars inferred from the above prophetic decision that if a Muslim woman were to give a security pledge, her pledge has the same strength as that given by a man and must be respected. The Muslim state should therefore honor a pledge given by any individual male or female. Th e scholars further tell us that, Islam considers killing others and taking their lives as one of the gravest of sins in the sight of GOD. Killing of innocent civilians they say, is a heinous sin and an abominable crime which will lead to Allah’s curse upon the killer in this world and His severe punishment in the Hereafter. They remind us also of the verse of the Quran which confirms this curse of God on such people. The IMUS Scholars have previously stated in Fatwas (edicts) the prohibition of Kidnapping innocents for the purpose of putting pressure on Governments Or a Group with whom you may have some issues. They are also thought to have played key roles in negotiating the release of some European hostages in Iraq. Th 28 29 30 31 Quran ( : ) Wa Ma Arsulna Ka.... Quran (5 : 32 ) Reported from two Collection of Prophetic Statements known collectively as Bukhari and Muslim.

e IMUS scholars are keen to stress that whilst they condemn all acts of kidnapping, bombing and killing and terrorism, they cannot ignore the INJUSTICES being done to the Muslims in Palestine, Iraq, Afghanistan, and other Muslim countries. As Muslims, they state, we should resist these injustices and tragedies using legitimate means. It is not permissible they argue to take the occurrence of such injustices as a pretext to perpetrate criminal acts. They call for mutual cooperation between the rulers and the ruled in the Muslim lands for everybody to stand together to face these immense threats imposed on the whole Muslim Nation (Ummah). Such threats, they say, require concerted efforts to be done in order to achieve mutual objectives. The scholars who come out boldly to issue such Fatwas (edicts) condemning all criminal acts done ostensibly in the name of Islam, do so because they are under a covenant to God to clarify the truth to mankind in order to help free Islam from the baseless accusations ascribed to it among which are torture, killing, displacement, exemplary punishment, suppression, and violation of the sanctity of others. This will also help us refute the claims of those who are deviating from the straight path of Islam and are changing its teachings from their proper contexts. It is said that many non-Muslims who had in the early days of Islam taken part in wars against the Muslims, in later years when peace prevailed, used to visit the holy city of Madina after being given a pledge of security which in those days was the equivalent of the modern day visa, and then they were hosted, honored and protected as guests of the state and citizens, and history has no record of any of these visitors ever being attacked or mistreated just for being non-Muslims. Knowing now, that the attacks on the Tourists have absolutely nothing to do with any Islamic tenets, it would then be a folly to ignore completely the “frustrations” and pent up anger that is building up in most Muslim countries resulting from continued Injustices and hypocrisy that they see being enacted in International Affairs, as a possible reason, rather than any aspect of Islamic Theology , that lead some to commit acts of terrorism on guests of Muslim Countries seeing the tourists as soft targets rather than their governments who remain out of reach of these people. Some Muslim thinkers see a hidden hand behind such terrorist attacks which they are inclined to attribute to paid agents of anti country / anti Islam enemies from abroad targeting the stability of Muslim countries where such attacks take place, they see some striking correspondence between the occurrences of such attacks on tourists with some national dates or events.32 Asylum

given by “one” is an asylum given by all

An asylum granted by any one Muslim, even if he is some one of the lowest social status amongst them, Is regarded as asylum granted by all the Muslims and must be secured by all of them. And whoever betrays a Muslim in this respect will incur the Curse of Allah, the angels and all the people, and his compulsory and optional good deeds of worship will not be accepted.33

HEART is Where Faith resides.... The prohibition on shedding Muslim blood is so severe that, in the thick of a battle, if an enemy, even under the shadow of a sword, utters the testimony of faith then he is no longer to be regarded as an enemy and his life is to be spared. The Prophet (pbuh) strongly condemned a killing during a battle when he learned that the fallen man had uttered the testimony of faith, and when the Muslim soldier replied that Oh! Messenger of Allah, the man did that only for fear of the sword, to which the Prophet (pbuh) replied, “Why, did you open his heart to see what was in it.?” Animals also protected..... Islam, which prohibits killing innocent civilians, also prohibits terrorizing animals and other creatures of God. Security and peace of mind is a basic right of everyone which even animals should enjoy not only about themselves but also about their families and properties. “Amman” or safety is regarded in Islam as one of the top blessings of God and any violation of this would draw Allah's wrath.

32 Sheikh Hussain Halawah, the secretary general of the European Council for Fatwa and Research (ECFR) and Imam of the Islamic Cultural Center of Ireland (ICCI) cf 33From the collection of Prophetic Statements compiled by Imam Bukhari cf

Punishing “someone else” rather than the PERPERTRAOR for the harm caused to you. If some one or a group of people feel highly aggrieved at injustices done to them or to their group by some one who they feel is out of their reach, then they do not have any right to grab a third person who is totally innocent of the offenses done to them and harm him instead of the the original offender. The Islamic Shariah is very clear that you cannot blame a person for the crimes and offenses of third parties. So, kidnapping and torturing someone apart from being a crime in itself, becomes even more of a crime if it is done to take revenge on third parties. Even if the retaliation is directed at the person of direct concern, then also it should be guided by the Quranic verse that “there is saving of life for you, in the law of retaliation, Oh men of understanding”34 which means that if some one whilst retaliating is not concerned with saving life, then that person is by the definition of this verse a one with no understanding. The Quran States further, that each person earns deeds to it's own account , and that no bearer of burdens bears the load of another.35 Thus, Islam does not allow punishment of a totally unconcerned person for a crime committed by some one who is out of your reach, for instance, kidnapping a foreigner with the specific purpose of harming him in order to get even with his government whose foreign policy or other deeds that you do not agree with, will be totally reprehensible. Even if that foreigner was a member of that government but not directly connected with the policy that you have issues with, then also he / she on visiting your country by virtue of the visa issued is under the protection of the Islamic State and all of it's citizens, there is a much higher degree of realization of this protection if the visitor happens to be a member of the diplomatic corps of that country, and all visiting government officials of a foreign country are to be accorded this protection and regarded as diplomats. The Shari`ah has nothing to do with the acts of those few deviated people who allegedly follow its teachings but change them from their original contexts to their own pretexts. They claim to punish people because of injustices done by their rulers.

DIFFERENT CATEGORIES OF VIOLENCE..... Violence against non-Muslims whether in an Islamic State or in a majority non-Muslim country can be broken down into 5 categories36 1. Violence that is directed towards non-Muslim citizens inside a majority Muslim country. Under this category If the violence is enacted by a Muslim citizen then that will be regarded as a violation of God's and the Prophet's pledge of security for the non-Muslims and therefore, the whole nation has to take the blame for it. However, if the perpetrator of the violence was a non-Muslim himself, then it is a singular criminal act for which only the State has the right to take revenge by implementing the penal code of the tribe of the offended. In cases where the offended and the offender are non-Muslims belonging to different tribal traditions and they can not come to an amicable resolution of the problem, then the Islamic State at the request of both parties to the dispute can broker a mediated solution. In any of the scenarios, it is not up to the individuals, whether Muslim or non-Muslim, to wreak revenge punishment on the offender, doing so is prohibited under the Shariah Laws. Whist the tribal system of ordering communities may no longer exist, freedom of the religious laws of people of different faiths would still apply. No need to mention, but for the sake of clarity, if the violence on the non-Muslims is from outside, by way of a Foreign Power's aggression, then the entire Islamic State must summon all it's strength to defend it's non-Muslim citizens. 2. The second category of Violence against non-Muslims is where violence is inflicted upon foreigner s visiting Muslim countries whether as tourists or as traders. As mentioned earlier, these people are also protected under the Islamic Shariah, their Visa(s) being the defacto pledge of security from the Muslim Country. History shows that the perpetrators of this kind of violence do not distinguish between Muslims and non-Muslims amongst the visitors, and every body is fair game for them. Violence against foreign visitors is forbidden in Islam even if the visitors are citizens of a country that is at war with that Muslim country. Islam considers war as being a war between two Armies, two States or between two Governments but NOT between Citizens of countries. Citizens of a country have 34 Quran ( : ) 35 Quran ( 6 : 164 ) 36 Dr. Salah As-Sawi, Secretary General for the Assembly of Muslim Jurists in America (AMJA)

no right to go to another country to wage war on the government or their citizens by bombing or crashing planes onto the public infrastructure of that country, if they do, then they loose all immunities that both International laws and Shariah laws provide them as citizens and may come to be regarded as combatants rather than as civilians. All pretexts cited by those who justify attacking foreigners in Muslim countries are utterly rejected from all Islamic perspectives. Frustration, has never been accepted in Islam as an excuse for Muslims to violate the law of the land where they are living. Angels will say to such people when they are questioned in their graves, was God's earth so limited that they could not move elsewhere? rather then take innocent lives and carry the sins of murder to their grave. It could even be regarded as an act of treason against a host non-Muslim country for a Muslim to take citizenship of that non-Muslim country and then jump over the fence and turn around to attack the soldiers of their host country. Going abroad to take part in insurgencies would also violate the obligation to fight only those who are fighting you, no body forces such people out of their homes to make that travel abroad, hence no justification to fight those who have not driven them out of their homes. Insurgents rarely, if ever , see or know their target, when the rules of pure logic indicate that you must know who, what and where your target is in order for you to avoid collateral damage to people and property of those who may not be your enemy. 3. The third category of violence is made up of damage or harm to Muslims who may or may not be citizens of the State being on a business trip or may just be visiting the country or visiting friends and family within that Islamic State. Their murder would also fall foul of the Shariah laws because of the prohibition on shedding Muslim blood. 4. The fourth category of violence is that which is aimed at damaging property and premises where vices may be in commission e.g. liquor stores, dance halls and night clubs inside a Muslim country. Such kind of violence is also not permitted under the Shariah rules because of the indiscriminate nature of such violence. Victims of such kind of violence may be wholly misguided and completely on the wrong path, but even so, this was a matter between them and their creator, and the victims were not given a chance to escape this is seen as fighting fire with fire when they aught to be fighting fire with water cannons of good conduct . If the victims here were non-Muslims then liquor based nightclub life that we consider as sin, may not be regarded as such by them, and so, they are to be left alone to their own devices, forcing death upon them will not solve the problem, because once dead, there is no chance of them coming on to the right path, and this will also violate once again the Quranic assertion that “there is no compulsion in religion”, and what is religion or “deen”? as in Islamic Terminology, but the way of life. If, as the Quran states that Truth stands out clear from Error, then what chance have dead people got to know what truth is..? Furthermore, another principle of Shariah states that if the harm caused by an act outweighs the benefits then such an act is not allowed. Muslims are asked to tolerate evil, when it becomes clear that by not doing so they would be causing more harm then the original evil. 5.The 5th and final category of violence consists of acts that are aimed at damaging or destroying public property. Such properties are held in trust by the State on behalf of the citizens, harming them will invariably harm the interests of the people, and such acts are forbidden as well. It matters not whether the properties held in trust by the State belong to Muslims or non-Muslims, destroying a trust is not permissible in Islam. A trust held by a non-Muslim State for it's citizens is equally inviolable. Theft and Robbery that destroys victims sense of security are considered as heinous crimes. The Believer is defined in one Prophetic tradition as one “to whom people feel secured regarding their blood and property”

What needs to be protected....
Protection of life..... Non-Muslim blood considered to be at par with muslim blood... If aggression on a non-Muslim is from within,even then, Muslim and Non-Muslim Blood is deemed at par with each other, and since it is prohibited to shed Muslim blood, it is considered equally reprehensible to shed the blood of a Non-Muslim, both offences would incur the death penalty.37 37 Opinion of the contemporary Muslim Scholar, Yusuf Al-Qaradawi;cf

Prophet Mohammad (pbuh) gave the warning that if some one kills a non-Muslim citizen of an Islamic State then, leave aside paradise, the murderer will not come near even the scent of paradise, although it's fragrance can be scented from as far as a distance involving 40 years of continuous walking38. Thus effectively condeming the murderer of a non-Muslim to hell fire. The Quran stresses, that even in the law of retaliation (Qisaas) the saving of life should be the prime concern39. Apart from this right of protection from aggression from outside, the non-Muslims are also entitled to protection from harassment from a source which is from within, protecting them from persecution, harassment, physical or verbal assault, injustices and also protection from words or deeds that may cause hurt feelings. Protection of money and property. Apart from the life and blood, Monies, Physical and Intellectual Properties belonging to non-Muslims and anything considered by them to be valuable and anything that they commonly use and even their customs and traditions and books must be protected by the Islamic State through it's agents and employees, even if any of these items contravene Islamic code such as Swine and Alcohol, still they must be protected, because to the non-Muslims they are items of common use, and if a Muslim spoils them then according to one school of thought40 (and there are 4 such schools) he must compensate the non-Muslim for such damage or loss. With respect to the protection of property of non-Muslims, the example was set by Prophet Mohammad (pbuh) himself when he entered into a treaty with the tribe of Najran stating that “Najran and its neighboring areas are in the security of Allah the Almighty, and His Messenger. The personal property religions and churches and church property whether little or much are under the protection of the prophet.41 The Prophets example was followed by Caliph Omar who wrote to a provincial governor ( Abu `Ubaydah ibn Al-Jarrah ) instructing him to “Prevent Muslims from wronging or causing harm to them (non-Muslims) or taking their property illegally.” It is therefore, incumbent upon Muslims to preserve the blood, honor, property, and places of worship of non-Muslims; to respect their beliefs and rites; to defend them from any aggression; and to avoid any deed or word that may cause hurt feelings or offend them or their kith and kin. Protection of the freedom of worship: The Quran emphatically states that “Let there be no compulsion in religion: Truth stands out clear from Error: whoever rejects evil and believes in Allah hath grasped the most trustworthy hand-hold, that never breaks. And Allah heareth and knoweth all things.42 Commenting on this verse, the famous scholar Ibn Katheer who has written one of the most popular exegesis of the Quran states that there is no need to force anyone to embrace Islam because what is clear and self evident requires no force of compulsion for it's acceptance. Khalid Ibn Al-Waleed a Muslim Commander, in his covenant with the People of `Anat, wrote: “They are allowed to ring the bells at any time of the day or night, except in the time of the Islamic prayer times so as not to create confusion in the minds of the people. They are allowed to bear their crosses in their festivals.” 43 An Islamic State must therefore permit non-Muslims to enjoy the freedom of their faith even if some of the practices and rights conflict with the tenets of Islam. Talking about the tolerance historically shown by Muslim States a western author Triton states that “Muslim rulers frequently went beyond what was required of them in their relations with non-Muslims. Historically, particularly in Islamic Spain “Government departments had Christians and Jewish officials who were sometimes given very sensitive and influential posts. Some non-Muslims thus acquired 38 Quoted in the collection of Prophetic Statements compiled by Imam Ahmad and Al-Bukhari in Al-Jizyah, and some others).cf as above, 39 Quran ( ? : ?) 40 Hanafi School..Islamic legal codes are broadly set in 4 different groups named after their Well known exponents, namely, The Hanafi, The Shafaei, The Maaliki and The Hanballi schools of thought. Followers of any one of these schools should hold the view that they may be right but that the others are not wrong, and if visiting someone who subscribes to another school, then they should follow the host's line of thought on matters for as long as they are their guest. 41 Al-Kharaj, by Abu Yusuf 42 Quran ( 2 : 256) 43 Al-Kharaj, p. 146 by Abu Yusuf

great wealth. In addition, Muslims were accustomed to sharing with Christians their festivals.”


Prophet Mohammad (pbuh) ensured that the Monasteries of Mount Sinai were protected from encroachment and that no harm was done to their properties, the monks themselves were assured of security from both physical and religious persecutions. Nobody could bring down a Church or physically replace it with a house of worship of another faith. The Jews and Christians, being the two main religious minorities living in the Islamic State at the time, a situation that extended into the reigns of the first 4 Caliphs, were given the right to have a day off during the week for their weekly day of religious observance and for their day of festivities, the Jews on a Saturday and the Christians on a Sunday another example that put Islam far ahead of it's time for accommodating the traditions of the minorities of other faiths. A right that is still not officially available to Muslims living in non-Muslim countries at the present times. It is generally left to the employers and their Muslim employees to come to an arrangement whereby they are allowed to take an extra hour for their lunch break on Fridays. For the two festival days in the year of Eid the celebration at the end of the Fasting month of Ramadan and the commemorative celebration of the culmination of the rites of Hajj, the annual pilgrimage in Mecca, is marked by the Muslim Employees taking the day off for these, but then they have to make it up by working in lieu days or hours or by working on days when normally the majority Christian Employees would have their day off such as a Saturday or Sunday or on their festival days such as Christmas and New Year day, but still no official recognition of days off for Muslims for Muslims for Fridays and for their festivals embedded their contract of employment or by way of employment laws, consequently Muslims still have to work in lieu hours in order to make up for the time that they have taken off, whereas Christian staff do not have to make up for the time of holidays that they get for Christmas or New Year, even though many of them will admit that they are not practicing or Church going Christians. Many Managers will admit that the accommodation that they and their Muslim staff work out between themselves for time off for prayers or for days of religious observances is in admirable recognition that the vast majority of the Muslim staff more than make up for that time. However, the unfairness of the situation has to be noted that the Muslims are required to work make up time while the Christians don't have to. Repairing and Maintaining Other Faiths Places of Worship Scholars belonging to all the 4 main Schools of Thoughts are united in their view that the dhimmis (non-Muslims living under the protection of a Muslim state) must be allowed to maintain and repair when necessary, their places of worship such as the churches,synagogue temples, and other places of worship, because not allowing them to do so would force their infrastructures into a state of disrepair eventually leading to their destruction which is categorically prohibited. Right to Live According To one's own religious laws Personal beliefs count for almost nothing In most Western countries during the process of framing of the laws, the law of the land which the Muslims are obliged to follow is in monumental ignorance of cultural, religious and social differences. What is acceptable in one culture may contravene the norm of another society where a different set of eyes are required to look at situations and not just paint every scenario with the same brush. Thus, the Shariah accepts this and gives religious minorities the right to order their personal lives in matters like marriage, divorce and inheritance to be judged by their own set of laws. Nevertheless, some thought has to be given to setting up rules for dealing with situations where there is a dispute between an individual from a minority community and religious courts of his/her faith, who does that individual appeal to and which is the court of last resort..? in societies where two separate legal systems operate in parallel. Right to consume alcohol and pork It is an established fact of the Islamic way of life, and religion is defined in Arabic by the word Deen which means The Way of Life, that Muslims are not allowed to consume alcohol or eat pork or even to take part in their manufacture or sales, but this ruling does not apply to non-Muslim citizens of an Islamic State, who have a right to use them for their meals or even be involved in the manufacture, sales and marketing of them should they wish to do so. Islam therefore considers it an obligation on the Islamic State to ensure that NO Muslim damages or harms in any way whatsoever any property belonging to a Non-Muslim and regarded by him or his community as valuable, even if such items are regarded as najis (unclean) in Islam such as Alcohol 44 Islam and Ahl Adh-Dhimmah, p. 256 by Khartubali, Hasan Ali

and Swine flesh as a case in point. Such is the importance Islam places on ensuring that no harm comes to the Non-Muslims or to their properties, that if a Muslim does cause any damage to such items belonging to Non-Muslims then he will be liable to pay compensation to them for the damage.
such assets belonging to a non-Muslim, he would be responsible for compensation, according to Imam Abu Hanifah.


The irony for Muslims living in western countries and working in places like the supermarkets is that they do not have a right to refuse handling items that contravene their religious laws such as pork and alcohol, and to ease their situation their scholars who live alongside them have given an opinion that rather then end up on the heap of the job less mountain they can handle such items because most of such items that are prohibited to them are packed in plastic or card board packages or in bottles and tins, which means that the Muslim Staff do not have to physically touch the raw items while handling them in the course of their daily jobs. What Muslim staff at such premises aught not to do is to deliberately put a spanner in the wheels just for the heck of it. For instance, some time ago, a Muslim young lady created a lot of fuss at not being allowed to wear the Hijab (head scarf) with a famous chain of Burger Restaurants . She was not protesting about having to handle pig meat which would have been hypocritical because she would have known that when she had applied for her job, or for being made to wear a uniform that was tight enough to accentuate her body curvature, her Islam was limited up to only the head scarf. A hypocrite Muslim will reside in the lowest bowels of the Hell Fire, said Prophet Mohammad(pbuh)46

Fostering good relations between muslims and non-muslims....
Most Muslim Jurists are of the view that not only it is permissible for Muslims and Non-Muslims to exchange gifts with each other, but this is to be encouraged as this helps in developing good relations between people of different religions who share the same citizenship. It is also permissible for people of different faiths to share each others food, the Quran states this very clearly when it terms the food of the people of the books as “permissible”47 and interestingly enough the chapter of the Quran in which this verse appears is called table spread. This suggests then, that there may have been a time when, by and large, the dietary laws of different religions agreed with one another, with similar method of slaughtering animals for food and swine flesh being universally prohibited across the board. One Prophetic teaching statement concerning the second coming of Issa (Muslim name of Jesus) predicts that amongst the deeds that he (Issa) will perform upon his return will be the killing of a pig48 perhaps as a stunning reminder that he had earlier directed it's flesh to be impermissible for human consumption. Another way of fostering good relations between people of different faiths, is for the Islamic State to provide an atmosphere which encourages people from one faith helping out in the construction of places of worship of other faiths. One school of Islamic jurisprudence (the Shaafa'i) maintains that it is permissible for a non-Muslim to either provide in his will for or make a direct contribution towards the building of a mosque. It will be highly unlikely that a religion that permits inward investment in it's places of worship by people of other faiths would not allow the same funding policy for places of worship of other religions, and if it did then there would be immediate cries of hypocrisy, and a hypocrite Muslim will be burning in the lowest bowels of the hell fire49, so it is said.

a verse mis-portrayed....
Fanatical Muslims would have you believe, quite incorrectly, that the Quran prohibits making friends with Jews and Christians and they use as their argument a verse which asks Muslims not to do so50 . This is an example of people who have already made up their mind elsewhere, away from the Quran, either to do or not to do some thing, and with their mind already made up about some point, they then come and do a “quickie search” of the Quran in the hope of finding a verse or two which they can use 45 Juristical View adopted by the Hanafi School of thought . Mass`oud Sabri* in his review of Dr. Yusuf Qaradawis book NonMuslim in an Islamic Society *(a researcher in Dar al-`Ulum Collage in Cairo University and an editor in, Arabic page.) 46 Hadith ???? 47 Quran (5 : 5 ) 48 Hadith ???? 49 Hadith ?????? 50 Quran (5 : 51)

to justify what they have already decided to do anyway, and in their rush they run away with what appears to them as a first pass meaning but without any reflection, and a meaning without the related context of a verse can give a wholly incorrect understanding of that verse. This is why the 4th Caliph of Islam Ali bin Abi Talib had prohibited any one from interpreting the Quran unless they had the necessary in depth knowledge and understanding of the “Asbab-e-Nuzool” the historical reasons that lay behind the revelation of each verse, their context and their position amongst all other verses of the Quran on the same or similar subject. Without all these to hand, any person with an agenda in mind can give whatever selective meaning they want to give to a verse as they do with this particular verse. The point to make about this particular verse (5 : 51) which asks not to take for “Awliya” Jews and Christians was revealed at a time when wars were constantly being waged on the Muslims and some of them were turning this thought in their minds that perhaps one way to get out of this situation of wars is by becoming friendly with the enemy, buying peace for themselves rather than for the whole Muslim nation, trust in God's forthcoming victory giving way to fear51, and maybe those who thought on these lines were under the mistaken impression of being wise. It was then to guide such self effacing people that this verse was revealed. Furthermore, the verse in question is not referring to the Jews and Christians as a race, but rather refers to only those of them who were waging constant wars against the Muslims at that time. The Quran elsewhere makes it very clear that God does not forbids making friends with those of the non-Muslims who are not waging wars against them nor oppressing them nor driving them out of their homes.52 an Exegesis of this particular verse53, scholars have given the precise background in which this verse was revealed. The background was the battle of Uhud in which the Muslims had suffered set backs. Loosing heart one Muslim expressed the desire to go and live amongst the Jews in the hope that he would be safe if there was another attack on Madina, whilst another man had expressed the desire to go and live amongst the Christians in the same hope of being safe should Marina be attacked again. In order to put a stop to such feelings of despondencies spreading amongst the rank and file of the Muslims Allah revealed the verse in question suggesting that one should not take the enemy as one's patron.

When translating this verse, those who have little in depth knowledge of the rules of Arabic Grammar where you have to first work out whether the word is in the singular or plural form and then drill down to the root word from which the word in question emanates in order to get a real understanding of the meaning of the word, mis translate the word “Awliya” as friend, and as said earlier, the word means much more than just that. The word as used is in the plural form and it's singular form is the word “Wali” which carries quite a few meanings expressed by the English words “guardian, protector, patron, Lord and Master” all of which carry the connotations of more than just a friend. The Quran uses the word Wali variously for God and for man as well. Where the word has been used for Allah the verse reads Allah is the Wali (Protector, Guardian, Lord and Master of those who believe, he takes them out from the depths of darkness and brings them forth into light54 and an example of where the word Wali has been used referring to man is the verse of the Quran which talks about the Next of kin (Wali) of the one who has been killed unjustly, stating that they have been granted authority to seek compensation or punishment in the case55 The correct translation of the verse in question should then read: [O you who believe! Do not take Jews and Christians as your patrons (and not friends, as is often erroneously translated). They are patrons of their own people. He among you who will turn to them for patronage is one of them. Verily Allah guides not a people unjust.] 56not forgetting that the verse was revealed soon after a war in which the Muslims had suffered many set backs. This theme of not taking disbelieving warring folks for patrons is repeated in two other verses of the Quran.57 It is not only Quran which talks in the terms of (5:51), but no westernized self respecting country in times of war would allow it's citizens to enter into alliances and bosom friendships with an enemy. In 51 Quran (5 : 52) 52 Quran (60 : 8-9) 53 Tafsir (exegesis) of The Quran by Ibn Kathir, Al-Tafsir, vol. 2, p. 68 54 Quran ( 2 : 257) 55 Quran ( 17 : 33) 56 Quran ( 5 : 51) 57 Quran ( 3:28 & 4: 144)

fact we have situations in recent histories that when a country goes to war, often citizens of the adversary country are either incarcerated, quizzed or made to report to a police station on a regular basis. Furthermore, Islam permits marrying women from the People of the Book and partaking from their food58. A marriage is a solemn, personal and a very intimate relationship, being much and very much more than a mere friendship and sharing someone's meal is also involves a level of contact higher than a simple friendship, therefore, the extremists are very hard put to explain how can Quran allow these sort of close relationships on the one hand and then, on the other hand, ask Muslims not to take Jews and Christians for friends. With their mind already set, and with that mindset, the fanatics miss the point that it is incorrect to translate the word “Awliya” as a word simply for a friend because the word Awliya means much more than just a friend, and in the context of the reason for the revelation of this particular verse i.e. Frequent wars, the more appropriate translation of the word would be being “Hand in Glove” or bosom friend with an enemy in case of war. When in Madina, Prophet Mohammad (pbuh) had treaties and made alliances with many Jewish Tribes, some of whom later reneged on their treaty terms and sided with the enemy for which they were expelled, but the expulsion was for their treachery and not because of their faith The other important point to be made here is, that, when you come across a verse of the Quran which appears to be referring to Jews and Christians, then try and find out if the reference is with a particularity to some people who just happen to be Jews and Christians or whether the address is to Jews and Christians as a race or people of a faith taken together, in which case you are more likely to find that the word or term used is People of the book. The warring Jews and Christians are subjects of displeasure not due to their faith but because of their fighting when they are fighting Muslims, and if the same scenario prevailed, then seeking patronage of non-believing parents and brothers who Love disbelief over belief is grimaced upon in the Quran.59 Islam is so strong on on Fair dealings that it expects it's followers to stand out firmly for fair dealings even in the face of hatred of others towards them which should not swerve them to wrong and depart from justice. Justice is next to piety asserts the Quran reminding believers to fear Allah for indeed Allah is well acquainted with all that you do says the Quran.60 HOPE SPRINGS ETERNAL... Even when there appears to be little hope for peace, the Quran hints at the possibility that Allah (swt) being All Powerful, Forgiving and Merciful, may soon bring about not just peace alone but peace with affection between the warring parties.61 An “interesting” and very wise teaching statement from Prophet Mohammad (pbuh) states that, "Hate your enemy mildly; he may become your friend one day."62 Bricks

of the same building....

Describing the relations between Muslims Prophet Mohammad (pbuh) said that “A believer to his fellow believer is like a building whose bricks cement each other.” Expanded to cover the non-Muslims living in an Islamic Society this would describe the non-Muslims as being bricks of a different baking but nevertheless bricks of the same building slotted in where they can provide the maximum strength to the building whilst maintaining themselves and upholding the other bricks around them.

protecting the places of worship of other faiths...
It is prohibited to harm places of worship of other faiths at all times and even more so in times of war. The treaty of Jerusalem (referred to else where in this article) entered into by the 2nd Caliph Omar with Sophronious guaranteed the security of churches and their crosses also giving an undertaking that they will not be used for habitation, it is an irony of history that whilst Islam was guaranteeing this by treaty 58 59 60 61 62 Quran ( 5 : 5 ) Quran ( 9: 23) Quran ( 5 : 8) Quran (60 : 7 ) Reported from the Collection of Statements of Prophet Mohammad(pbuh) compiled by Tirmidhi

over 1400 years ago, these days, some of the churches themselves are selling out to property developers. There is an International rule that stipulates that invading forces must preserve all civil and public buildings specially places of worship63, by actually guaranteeing this, Islam was far ahead of it's time than the current statutes of International Law. Because of the concept of Sanctuary normally associated with places of worship, both sides in a war must ensure that their mosques, churches or temples are “not” used as vantage points from which to target the enemy forces, doing so would loose them their immunity in war. There is complete unity amongst scholars of all the 4 schools of thought in Islam64, that cloisters, churches and others' places of worship must not only be not destroyed but must also not be violated in any manner whatsoever. Even unused Churches and places of worship must be respected, and if possible their upkeep being handed over to people of their faith. In history, often when Muslims took over a country, they would invite the previous owners of the lands who had been driven out by the earlier occupiers, to come back and resume their ownerships. Arabs were not generally known to be good at farming and for this reason there was a ban on them, at one stage, preventing them from buying or leasing agricultural lands, hence, frequently the State would invite people from outside, those who were good at it to come and farm the agricultural lands for them. Allah himself has often caused one group of God fearing people to repel some others who were mischievously bent upon pulling down cloisters, churches, oratories and mosques where the name of Allah is oft mentioned65 . The first caliph Abu Bakr was known to issue these instructions to the commanders of contingents setting out on a campaign : (a)Do not drown or burn a palm tree; (b) Do not kill an animal (unless it is for eating) ( c ) or cut a fruit tree; (d) Do not demolish a cloister; (e) Do not kill children, old people or women. (f) You will find people secluding themselves for worship in their places of worship; leave them to observe what they secluded themselves for.”66 The Quran guides the Muslims to treat all people with justice and kindness so long as they do not pick up a fight with them because of their Islam nor that they drive the Muslims out of their homes, friendship and taking protection of those who do so or support others who do so, is frowned upon, and seekers of friendship with such foes are defined as wrong doers. Justice is a corner stone of Muslims relationship with other people because of the divine love for justice67 . Amongst the non-Muslims, the most favored nations treatment is accorded to the People of the Books such as those to whose Prophet a Divine Book was revealed e.g. The Jews and Christians, whenever Allah has referred to them in the Quran He has addressed them as “O! people of the book”, not as O people of the fire.., so it is a big wonder and an even bigger mystery about where the fanatic Muslims of present days get their knowledge from..? when they condemn all non-Muslims to the Hell Fire. The principles governing a Muslim's attitude towards non-Muslims are applicable to all of them irrespective of the country they live in. The Commonality amongst various faiths is asserted by Allah in the Quran when He states that He has ordained for the Muslims the same religion which He had enjoined on Noah and that which He enjoined on Abraham, Moses and Jesus with the express purpose that we all should establish faith and not make any division in it. 68 a confirmation of an earlier verse in the Quran where Muslims are “instructed” to say that we believe in Allah and in what He has revealed to us and believe “also” in what He revealed to Abraham, Ishmael and Issac and Jacob and the tribes (of the leader known by the name Israel) and believe “also” in what was given to Moses and Jesus, and in fact, believe in what was given to “all” the Prophets, Muslims are further instructed to say that we make no distinction between any of the Prophets and to ALLAH we submit.69

63Dr. Ahmad Abu-Al-Wafa, Professor of International Law, Faculty of Law at Cairo University, states the following: 64 The 4 schools of thought that are named after their leading exponents are : Hanafi, Maliki, Shaafa'i and Hanbali 65 Quran (22 : 40) 66Al-Baihaqi, in As-Sunan Al-Kubra, cf 67 Quran (60 : 8 - 9) 68 Quran ( 42 : 13) 69 Quran ( 2 : 136)

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