‫‪Rights‬‬

‫‪of‬‬
‫‪Minorities‬‬

‫اسالم میں اقلیتوں کے حقوق‬

• A group, numerically inferior to
the rest of the population of a
State, in a non-dominant position
 Identification of Bases
‫شناخت‬
• Language
• Religion
• Tradition (includes history)
• Nationality
• Ethnicity
• 'Race‘
• Citizenship
 The UN Documents for the
Protection of Minority Rights

‫اقوام متحدہ میں اقلیتوں کے حقوق کا تحفظ‬

• The issue of minority rights was first raised in
1814, at the Congress of Vienna, which discussed
the fate of German Jews and especially of
the Poles who were once again partitioned up.
The Congress expressed hope
that Prussia, Russia, and Austriawould grant
tolerance and protection to their minorities,
which ultimately they disregarded, engaging in
organized discrimination.
• The 1856 Congress of Paris paid special attention to the
status of Jews and Christians in the Ottoman Empire. In
Britain, William Gladstone made the massacres
of Bulgarians by the Ottoman Empire a major campaign
issue and demanded international attention.
• The Congress of Berlin in 1878 dealt with the status of
Jews in Romania, especially, and also Serbia, and Bulgaria.
• On the whole, the 19th century congresses failed to
impose significant reforms.
• treatment of other minorities, such as black people in
the southern United States.
• The first minority rights were proclaimed and enacted by
the revolutionary Parliament of Hungary in July 1849
• Minority rights were codified in Austrian law in 1867.
• Minority Rights Declaration 1992
 Minorities in Islam

• Non-Muslims in an Islamic state is called Minorities

• First religion that granted equal rights without
imposing equal duties on them; reason
Islam classifies citizens into two categories
1. Muslims
2. Non-Muslims
They are called “Zimmis” ‫ذمی‬
• Their protection is the responsibility of
an Islamic State because it is an
ideological state, it’s defense (Jihad) is
the duty of Muslims only

• under Islamic Law (shariah) there are

three kinds of Zimmis;
1. Contractors ‫معاہدہ دار‬
Signed treaty for submission without any
war, determine rights and
responsibilities,
Hadis:
If you fight with non-believing people and
overcome them and signed a treaty,
agreeing to pay annual tribute (Kharaj)
not jizya in order to safe their lives and
properties, then, do not take a single penny
more than fixed amount, because it is not
permissible. Who so ever is hard or cruel
towards such people or curtail their rights or
demands something from them against their
free will. I shall myself be a complainant
against him on the day of judgment.
2. Conquered
‫مفتوح‬

Who submit after a defeat in the

war, pay jizya or poll tax
3. Zimmis ‫ذمی‬

 Submitted to Islamic state neither through any defeat

in war nor by a treaty
 Their submission is a proof that they have accepted
supremacy of Islam
 Pay jizya or poll tax
 Under the Islamic law, non-Muslim minorities received
rights and privileges that other minorities did not have
under any other law in any other country. The
relationship between the Muslim community and the
non-Muslim minority is based on Allah's rule that says:
‫ین َولَ ْم یُ ْخ ِر ُجوكُم ِمن‬ِ ‫الد‬ِ ‫ین لَ ْم یُقَاتِلُو ُك ْم فِي‬َ ‫َّللاُ ع َِن الا ِذ‬ ‫اَّل یَ ْن َها ُك ُم ا‬
ِ ‫ب ا ْل ُم ْق‬
َ ‫س ِط‬
- ‫ین‬ َ ‫طوا ِإلَ ْی ِه ْم ۚ ِإ ان ا‬
ُّ ‫َّللا یُ ِح‬ ِ ‫ِد َی ِار ُك ْم أَن ت َ َب ُّرو ُه ْم َوت ُ ْق‬
ُ ‫س‬
60:8
Allah does not forbid you from those who do
not fight you because of religion and do not
expel you from your homes - from being
righteous toward them and acting justly
toward them. Indeed, Allah loves those who
act justly.
‫ین َوأ َ ْخ َر ُجوكُم‬
ِ ‫الد‬
ِ ‫ي‬ ‫ف‬
ِ ‫م‬ْ ُ
‫ك‬ ‫و‬ ُ ‫ل‬َ ‫ت‬ ‫ا‬َ ‫ین ق‬ ‫ِإنا َما َی ْن َها ُك ُم ا‬
َ ‫َّللاُ ع َِن الا ِذ‬
‫اج ُك ْم أَن ت َ َولا ْو ُه ْم ۚ َو َمن‬ ِ ‫علَ ٰى ِإ ْخ َر‬ َ ‫ِمن ِدیَ ِار ُك ْم َو َظا َه ُروا‬
60:9 - ‫یَت َ َولا ُه ْم فَأُولئِك ه ُم الظا ِل ُمون‬
َ ‫ا‬ ُ َ َ ٰ

Allah only forbids you from those who fight you

because of religion and expel you from your
homes and aid in your expulsion - [forbids] that
you make allies of them. And whoever makes
allies of them, then it is those who are the
wrongdoers. [Al-Mumtahanah: 9].
 Nature of relationship between Islamic
state & non-Muslims
‫اسالمی ریاست میں غیر مسلموں کے ساتھ تعلقات‬
• Islamic belief of coexistence with different
religions
• Charter of Medina
• Tolerance of non-Muslim communities has
been hallmark of Islamic state throughout
history
• They have their own personal laws

except a cruel or in-human custom such

as; sati

• Similarly, Islam condemns inhuman

practice of un-touchability
 Rights of Minorities
1. BASIC RIGHTS

‫بنیادی حقوق‬
• Freedom of Religion and worship
‫مذہب اور عبادت کی آزادی‬
Islam has strictly disallowed the adoption of such
method of invitation, which affects the religious
independence of the other party. Allah Almighty
says at another place:
{There is no coercion in religion}[Al-Baqarah: 256]
 ٰ
‫اح َدةً َول ِكن ِل َی ْبل َو ُك ْم ِفي‬ ِ ‫َّللاُ لَ َج َعلَ ُك ْم أ ُ امةً َو‬
ُ َ ‫َولَ ْو شَا َء ا‬
ْ ‫َما آتَا ُك ْم ۖ فَا‬
ِ ‫ستَ ِبقُوا ا ْل َخ ْی َرا‬
‫ت‬
Had Allah willed, He would have
made you one nation [united in
religion], but [He intended] to test
you in what He has given you; so
race to [all that is] good. 5:48
• This was also reflected in the Prophet's (peace
be upon him) letter to the People of the
Scripture in Yemen where he invited them to
Islam. He (peace be upon him) said: "…and a
Jew or a Christian who embraces Islam
becomes one of the believers, having their
rights and duties; and the one who remains
Jewish or Christian should not be forced to
disband his religion.."
• When the delegation of Najran came
to meet Holy prophet
• They stayed in Masjid-e-Nabwi and
sought permission to performed
their rituals according to Christian
religion
• Holy prophet granted permission
 ‫‪• Protection of places of worship‬‬

‫‪– Rights of religious rites and protection of‬‬

‫‪places of worship‬‬
‫‪– Right to protection against religious‬‬
‫‪discrimination‬‬

‫ق ِإ اَّل أَن َیقُولُوا َربُّنَا ا‬

‫َّللاُ ۗ‬ ‫ین أ ُ ْخ ِر ُجوا ِمن ِد َی ِار ِهم ِبغَ ْی ِر َح ٍّ‬ ‫الا ِذ َ‬
‫ام ُع َو ِبیَ ٌع‬
‫ص َو ِ‬‫ض لا ُه ِد َمتْ َ‬ ‫ض ُهم ِببَ ْع ٍّ‬ ‫اس بَ ْع َ‬ ‫َولَ ْو ََّل د َْف ُع ا ِ‬
‫َّللا النا َ‬
‫ص َر ان ا‬
‫َّللاُ‬ ‫یرا ۗ َولَ َین ُ‬
‫َّللا َك ِث ً‬
‫س ُم ا ِ‬ ‫اج ُد یُ ْذك َُر ِفی َها ا ْ‬
‫س ِ‬‫صلَ َواتٌ َو َم َ‬ ‫َو َ‬
‫یز ‪22:40 -‬‬ ‫ي ع َِز ٌ‬ ‫َّللا لَقَ ِو ٌّ‬
‫ص ُرہُ ۗ ِإ ان ا َ‬‫َمن یَن ُ‬
[They are] those who have been evicted from their homes
without right - only because they say, "Our Lord is Allah ."
And were it not that Allah checks the people, some by
means of others, there would have been demolished
monasteries, churches, synagogues, and mosques in
which the name of Allah is much mentioned. And Allah
will surely support those who support Him. Indeed, Allah
is Powerful and Exalted in Might. Al hajj
• Caliph Umar R.A did not said
prayer in church of Palestine
 • Respect & Honour

‫ع ْد ًوا ِبغَ ْی ِر ِع ْل ٍّم‬

َ ‫َّللا‬ ُ َ‫َّللا فَی‬
‫سبُّوا َا‬ ِ ‫ُون ا‬ َ ‫سبُّوا الا ِذ‬
َ ‫ین یَ ْدع‬
ِ ‫ُون ِمن د‬ ُ َ ‫َو ََّل ت‬
6:108
And do not insult those they invoke other than
Allah, lest they insult Allah in enmity without
knowledge.
• Right to the protection of life & property

‫جان و مال کا تحفظ‬

The Prophet (peace be upon him) says:
"whoever kills a contracting man(a non-
Muslim protected by the state or an
agreement) he will not smell the
Paradise".
• Holy prophet granted protection to the Jews of
Medina and to the Christians of Najran.

The first charter says;

The Jews of Bani Auf shall be considered as a

community along with the Muslims. The Muslims
shall defend them against all aggressors. Their
relations shall be based on good-will and mutual
benefit. The allies of Jews shall be treated as allies
of Muslims and anyone oppressed irrespective of
his creed shall be helped
Charter granted to Christians of Najran;

The Christian of Najran tribe shall be under

protection of God and His Prophet. Their
life, property, territory, is guaranteed to
be respected and protected and this
protection, even, is extended to those
who are not present here and whether
they belong to a tribe or not
• What expresses the greatness of Islam and the
humanity of the Islamic civilization in this regard is
the story mentioned in the Sunnah (Prophet's
traditions) books. The story says a funeral procession
passed in front of the Prophet (peace be upon him)
and he stood up. When he was told that it was a
funeral of a Jew, he said, "Is it not a living being
(soul)?"

• Hazrat Umar granted a charter of protection of life

and property to the Christians of Elia (old Jerusalem)
after the conquest of Palestine
(Abu Yusuf, Kitab-ul-Khiraj, p. 187)

• "the blood of those of our non-

Muslim subjects is equal to our
blood and his blood money is like our
blood money."
• Right of privacy and personal life

‫ذاتی زندگی اور رازداری کا حق‬

No one can be allowed to enter his

house or interfere in his matters
without his consent. The minorities
enjoy similar rights in an Islamic state as
the Muslims do.
• Immunity to render defense services
‫دفاعی خدمات سے استثنی‬
The Islamic state is responsible for the
protection of lives, honor and property of the
minorities and they do not have any other
obligation with regard to defense, they are
liable to contribute financially to the Islamic
state in the form of a tax called Jizya. Even
then, Islam has taught about justice and good
manners when it comes to the imposition of
Jizya on the minorities.
• ECONOMIC RIGHTS ‫معاشی حقوق‬

• Equal rights with Muslims in Bayt al-Mal and Zakat.

• Right to trade or profession and to hold government
services.
• It prohibited taking or seizing these funds unjustly
through theft, usurpation, damage or any form of
injustice. This was practically applied the Prophet's
(peace be upon him) promise to the people of
Najran, as he said:
• "The people of Najran and their
surrounding areas would be under the
protection of Allah and His Prophet
Muhammad; their funds, religion, trade
and everything small or big would be
also safe…"
 Moreover, a non-Muslim minority has the right to
be guaranteed by the Islamic state from the
state treasury - Bayt Al-Mal (House of funding) -
in case of inability, old age or poverty, as the
Prophet (peace be upon him) says:

"Everyone of you is a guardian and is responsible

for his charge”
‫تم میں سے ہر ایک راعي (محافظ)اور اس سے اس کی رعیت‬
‫کے بارے میں سوال کیا جائے گا۔‬
on the consideration that they are citizens just like
Muslims, and the state is responsible for all of
them before Allah (be He Exalted).
• In this regard, Abu Ubayd narrated in
his book Al-Amwal (funds) on the
authority of Sa'id ibn Al-Musayib
that he said:
"The Allah's Messenger (peace be
upon him) gave alms to a Jewish
family, so alms could be given to
them.”
• Payment of Jizya ‫جزیہ کی ادائیگی‬

 Pay jizya in lieu of military services and exemption from

zakat
 Many classes of Zimmis are exempted from this tax
altogether
 Poor, priests, monks, widows, sick and old
 Once Hazrat Umar (R.A) saw an old zimmi begging in
streets; on inquiry he was informed that he was doing so
to collect money to pay Jizya. The Caliph at once ordered
that no Jizya was to be collected from him: By God, it is
not just that a man who has paid Jizya in his youth should
be required to pay it when he has grown old and sick.
 Right to the protection of honor.
 Right of permanent settlement in a Muslim country.
 Right of equality before law.

• LEGAL RIGHTS ‫قانونی حقوق‬

 Right to Justice
 Equality before law
 Hazrat Ali (R.A) and a Jew in court
 Right to be governed by their own personal laws relating
marriage, inheritance, food etc

• POLITICAL RIGHTS ‫سیاسی حقوق‬

 Right to vote.
 Right to political representation.
 Right to Freedom of expression.
• Minorities have to follow that they:

Cannot abuse any prophet

Cannot openly preach their religion

Cannot spy or commit treason activities

Minorities in Pakistan ‫پاکستان میں اقلیتیں‬
• Population of 190 million and nearly 3.9%
minorities
• Hindus : 1.6%
• Christians : 1.9%
• Others : 0.4%
• Constitution Guarantees the rights to minorities

• Minorities are enjoying rights according to the

provisions of Constitution
Constitutional Provisions ‫آئینی دفعات‬
• Article 33 safeguards the legitimate rights of
minorities

• Article 36 further promises the protection of

minorities

• Article 40 highlights to strengthen relationship

b/w Muslims and non Muslims
• 33. Parochial and other similar prejudices to
be discouraged. The State shall discourage
parochial, racial, tribal, sectarian and
provincial prejudices among the citizens
• 36. Protection of minorities. The State shall
safeguard the legitimate rights and interests
of minorities, including their due
representation in the Federal and Provincial
services
• 40. Strengthening bonds with Muslim world
and promoting international peace.
• The State shall endeavor to preserve and
strengthen fraternal relations among Muslim
countries based on Islamic unity, support the
common interests of the peoples of Asia,
Africa and Latin America, promote
international peace and security, foster
goodwill and friendly relations among all
nations and encourage the settlement of
international disputes by peaceful means.
• Politics-parliament

• Job Quota

• Judiciary

• Financial quota
 In other Religions
In Christianity & Judaism
Blasphemy is related to God, Holy Scripture
Christianity
 In Britain's last blasphemy execution, 20-year-old Thomas
Aikenhead was executed for the crime in 1697. He was
prosecuted for denying the veracity of the Old Testament and
the legitimacy of Christ's miracles
Judaism
 In the third book of the Torah, Leviticus 24:16 states that he
that blasphemes the name of the LORD "shall surely be put to
death
 The Seven laws of Noah, which Judaism sees as applicable to
all people, prohibit blasphemy.
• In Hinduism
So Hard, if any low cast man read VEDAS, he is liable
to punish, ill speaking liable to death
• In Europe
Any person who speaks against state, king, Queen
and Sovereign is liable to punish
• In Islam
Forgiveness
Responsibility of state to punish
 At UN

The United Nations

 blasphemy became an issue for the
United Nations. The General
Assembly passed several resolutions
which called upon the world to take
action against the "defamation of
religions."
 Blasphemy

• In Arabic, it is called Sabba…….

To abuse, insult, vilify

• Holy Quran clearly forbids Muslims to be
blasphemous

• In Islam, ill conduct, misbehavior towards

Holy Persons, Religious scripts
• For conviction:-

1. an individual must be adult,

2. of sound mind,

3. free

• Maliki School says:

accidently blasphemy is not committable

 Blasphemy Act in Pakistan
• In 1982, President Zia introduced 295(B),
punishing “defiling the Holy Quran” with life
imprisonment

• In 1986, Section 295(C) was introduced,

mandating death penalty for “use of
derogatory remarks in respect of Holy
Prophet and pious companions”