WHAT WILL HAPPEN TO NON-MUSLIMS IN THE KHILAFAH?


Introduction

"Speaking yesterday on the first day of his two-week pastoral visit to Nigeria's fifteen million Anglicans, Archbishop Carey said that while he respected Islam, the imposition of Shari'ah law in several northern states could divide the country." [BBC World Service 2nd Feb 2001]

According to news reports more than two thousand people have been killed in Kaduna in Nigeria, during riots last year between Christians and Muslims.

Statements similar to those made by Archbishop Carey have become commonplace when discussing the imposition of Shari'ah law in Nigeria, Pakistan and Indonesia. The common viewpoint is that imposing Shari'ah on non-Muslims will create riots, bloodshed and division. There is a real fear amongst many non-Muslims that living under Islamic law would mean the beginning of the end for them. In the Islamic world this fear is used to justify the harsh measures taken against Muslims calling for the Shari'ah return by the establishment of Khilafah.

The Western Colonialists, along with the media and the agent rulers in our lands, combined with the physical clampdown on the da'wa carriers, use issues such as the Shari'ah law in Nigeria to mock and attack the idea that Islam should be implemented today. They know full well the history of the Khilafah. They have not forgotten that when the Shari'ah was implemented correctly, it created a state so powerful that it still remains unparalleled throughout history. The unity of so many disparate peoples is unprecedented.

We must understand that the Western Colonialist nations have an agenda to distort the image of Islam, so it cannot be viewed as an alternative to the Capitalist way of life. Therefore, to get a true idea as to what will happen to non-Muslims in the Khilafah; instead of looking to the Capitalist opinion, we need to look to the Shari'ah. In it, we will find examples that give us the true picture of how non-Muslims will be treated under the Islamic system.

Non-Muslims are Ahl adh-dhimma (People of Covenant)

Allah (swt) revealed the Islamic system (Shari'ah) to the Messenger (saw) as a mercy to all of mankind regardless of their colour, religion, race etc. The Qur'an clearly states:

"We have sent you as a mercy to all mankind" [ Al-Anbiya: 107].

If we study the Shari'ah we see that it has given detailed solutions on how to look after the affairs of the Muslims, as well as non-Muslims, who live under the Khilafah. Its implementation on the non-Muslims is the practical method Islam has laid down for carrying da'wa to non-Muslims. What better way for a non-Muslim to see the truth of Islam than to live under its system, and experience the tranquillity and justice that only Allah (swt) could bring?

The non-Muslims citizens living under the Khilafah are referred to, in Shari'ah, as dhimmi. The term "dhimmi" is derived from the word "dhimma," which means "obligation to fulfil a covenant." Islam considers all people living under the Khilafah as citizens of the Islamic State and treats them with equal status. Discrimination between Muslims and dhimmi is not allowed. The state must secure and protect their beliefs, honour, mind, property and life.

The status given to the dhimmi was clarified by the Messenger of Allah (saw) who said: "The one who kills a Mu'ahid without right he will not smell the fragrance of Jannah even if its smell was forty years travelling distance" [Ahmed].

Imam Qarafi also summed up the responsibility of the State to the dhimmi when he said: "It is the responsibility of the Muslims to the People of the Dhimma to care for their weak, fulfil the needs of the poor, feed the hungry, provide clothes, address them politely, and even tolerate their harm even if it was from a neighbour, even though the Muslim would have an upper hand. The Muslims must also advise them sincerely on their affairs and protect them against anyone who tries to hurt them or their family, steal their wealth, or violates their rights."

T. W. Arnold, in his book "The Preaching of Islam," wrote about the treatment of non-Muslims who lived under the Uthmani Khilafah. He states, "...though the Greeks were numerically superior to the Turks in all the European provinces of the empire, the religious toleration thus granted them, and the protection of life and property they enjoyed, soon reconciled them to prefer the domination of the Sultan to that of any Christian power."

Arnold goes on to explain: "...the treatment of their Christian subjects by the Ottoman emperors-at least for two centuries after their conquest of Greece-exhibits a toleration such as was at that time quite unknown in the rest of Europe. The Calvinists of Hungary and Transylvania, and the Unitarians of the latter country, long preferred to submit to the Turks rather than fall into the hands of the fanatical house of Hapsburg; and the Protestants of Silesia looked with longing eyes towards Turkey, and would gladly have purchased freedom at the price of submission to the Muslim rule...the Cossacks who belonged to the sect of the Old Believers and were persecuted by the Russian State Church, found in the dominions of the Sultan the toleration which their Christian brethren denied them."

Categories of non-Muslims

The Islamic Shari'ah applies to all dhimmi. This includes the Mu'aahid (people with whom the State has treaties) and the Mustaemen (any individual entering the State via permit), yet it excludes diplomats who will be treated based upon mutual agreements with their respective states.

There are 2 categories of dhimmi. First there are the People of the book (ahl e kitab), and the second category is made up of all other religions.

The People of the Book refers to the Jews and the Christians. The Shari'ah has stated that it is halal for the Muslims to eat their slaughtered meat and for the Muslim men to marry their women. As for all of the other religions, they are treated in the same way as the People of the Book except that the Muslims cannot eat their slaughtered meat or marry their women. The evidence for this is:

Yahya related to me from Malik from Jafar ibn Muhammad ibn Ali from his father that Umar ibn al-Khattab mentioned the Magians (fire worshippers) and said, "I do not know what to do about them." Abd ar-Rahman ibn Awf said, "I bear witness that I heard the Messenger of Allah (saw) say, 'Follow the same sunnah with them that you follow with the people of the Book'" [Muwatta].

In addition to this, Al-Hassan Ibn Muhammad lbn Ali Ibn Abi Talib reported that the Prophet (saw) wrote to the Magians of Hajan calling upon them to enter Islam or pay Jizyah. If they did not accept Islam, then the Muslims were forbidden to eat the flesh of their animals and forbidden to marry their women.

Non-Muslims are left to follow their own beliefs

Allah (swt) says: "Let there be no compulsion in religion" [ Al-Baqarah: 256].

The above ayah makes it clear that the Islamic State is not allowed to force any non-Muslim to abandon their belief. Rather the non-Muslims should accept Islam after being intellectually convinced of the Islamic Aqeedah. This is proven by the fact that, to this day, there are still communities of Jews and Christians living throughout the Middle East even though the Islamic State ruled that area for over 1300 years.

We can see this rule in practice during the time of the Uthmani Khilafah. T. W. Arnold, in his book "The Preaching of Islam," points out that the Christian Patriarch and the Grand Synod could decide all matters of faith and dogma without any interference of the State. This was never the case under the Byzantine emperors.

Non-Muslims follow their religions regarding Food and Clothing

In matters of food and clothing, the Non-Muslims are allowed to follow their religions within the framework of public order.

Imam Abu Hanifah's madhab says: "It is agreed upon in Islam that the People of Dhimma, could drink liquor, eat pork and do what their religion allows for them within the scope of the Shari'ah."

So as long as these matters are kept private and do not enter the society, the Islamic State will not interfere in these personal matters. If, for example, a dhimmi opened a shop to sell alcohol then he would be punished according to the Shari'ah.

Marital affairs and divorce among Non-Muslims are settled according to their religions.

The non-Muslims are allowed to marry each other according to their own religions. They can get married to each other in a Church or a Synagogue by a Priest or Rabbi. They can also get divorced according to their own religions.

It is allowed from Shari'ah for a Muslim man to marry from the People of the Book. The Qur'an verifies:

"This day are all things good and pure made lawful unto you. The food of the People of the Book is lawful unto you and yours is lawful unto them. Lawful unto you in marriage are not only chaste women who are believers but chaste women among the People of the Book revealed before your time when you give them their due dowers and desire chastity not lewdness nor secret intrigues. If anyone rejects faith fruitless is his work and in the Hereafter he will be in the ranks of those who have lost all spiritual good" [ Al-Ma'idah: 5].

Since this is the case, marriage, divorce and all family matters including the children, must be referred to the Islamic Shari'ah.

Non-Muslims must follow the Islamic Shari'ah regarding societal relationships

All of the remaining Shari'ah matters and rules, such as punishments, the judiciary system, the ruling system, economics and foreign policy are implemented by the State upon everyone, Muslims and non-Muslims alike.

Punishment System

Muslims and non-Muslims are punished for crimes they have committed according to the Shari'ah. Again, there is no bias in the implementation of the punishments. The following examples clearly indicate this.

Muhammad (saw) said: "By Allah, if Fatimah the daughter of Muhammad stole, I would cut her hand."

Umar bin al-Khattab (ra), when he was Khaleefah, punished his own son.

Ibn Umar (ra) narrated: "Two Jews committed adultery and were brought to the Prophet (saw), and he ordered them stoned."

Anas narrated: "A Jew killed a girl with a rock, so the Messenger (saw) killed him."

Imam Abu Hanifah's madhab says: "If a Muslim kills anyone from the People of the Dhimma, then the killer deserves the same punishment, regardless of being male or female."

Judicial System

"O you who believe! Stand out firmly for Allah as witnesses to fair dealing and let not the hatred of others to you, make you swerve to wrong and depart from justice. Be just: that is next to Piety: and fear Allah for Allah is well acquainted with all that you do" [ Al-Maida: 8].

In the eyes of the judiciary there can be no bias against the non-Muslims in favour of Muslims. The judge (Qadi) is concerned with evidence permitted by Shari'ah and nothing else. There are many examples of cases where the non-Muslim was ruled in favour over a Muslim.

During the rule of Umar bin al-Khattab (ra), certain Muslims had stolen a piece of land belonging to a Jew and then constructed a mosque upon it. This clearly violated the rights of the Jew who was a dhimmi. Umar (ra) ordered the demolition of the mosque and the restoration of the land to the Jew.

In another case, during the rule of Imam Ali (ra), a Jew stole a shield from the Khaleefah. Ali (ra) took the matter to court and brought his son as a witness. The judge ruled against Khaleefah and stated that a son cannot be a witness for a father in court. When the Jew witnessed such fairness, he voluntarily confessed that he stole the shield and embraced Islam.

Economic System

"Fight those who do not believe in Allah and the Last Day and who forbid not what Allah and His Messenger have forbidden, who do not practice the religion of truth, being of the People of the Book, until they pay the Jizya out of hand and are humbled." [ At-Taubah: 29].

Non-Muslims are required to pay a yearly tax called Jizya to the Islamic State as ordered in the ayah above. In return the State promises to protect them.

Ali (ra) said, "Surely, by giving the Jizya, their wealth becomes as valuable as ours and their blood like ours."

The Jizya is taken from the men who are sane and mature. It is not taken from the youth, the insane or the women. The level of Jizya is not fixed but the amount is left to the opinion and Ijtihad of the Khaleefah. The Khaleefah takes in to consideration the aspect of prosperity and poverty, in a way that does not overburden the dhimmi.

It was related from the Messenger of Allah (saw) that he appointed Abdullah b. Arqam over the Jizya of the people of Zimmah and when he was leaving, he (saw) called him back and said: "Surely, whoever oppresses a person under covenant (Mu'ahid) or imposes upon him more than he can afford and humiliates him or takes anything from him without his consent I will challenge him (i.e. the oppressor) on the day of judgement." [Abu Dawud]

An example of the Jizya in the time of Umar bin al-Khattab was:

4 dinars for the rich
2 dinars for the middle class
1 dinar for the poor

This tax is not an oppressive tax, as compared to the taxes people pay in the West today. Financially, the dhimmi prospered under the Islamic State and set up many businesses and engaged in much trade.

Cecil Roth, in his book "The House of Nasi: Dona Gracia," mentions that the treatment of the Jews at the hands of the Ottoman state attracted Jews from all over western Europe. The land of Islam became the land of opportunity. Jewish physicians from the school of Salanca were employed in the service of the Sultan and the Viziers (ministers). In many places glass making and metalworking were Jewish monopolies, and with their knowledge of foreign languages, they were the greatest competitors of the Venetian traders.

The Hukm Shari' states: "Non-Muslims from the People of the Book deserve whatever the Muslims deserve from the Bait ul Mal." Consequently, the poor dhimmi would get help from the Bait ul Mal (State Treasury).

This is most unlike in the West where immigrants are seen as economic burdens and face racism and harsh measures to prevent them from entering. The Islamic State does not share this view. Anyone who agrees to be a citizen of the Islamic State has the same rights and privileges of all other citizens. The Sultan, Bajazet II, is reported to have said with reference to the expulsion of the Jews by Ferdinand, the Catholic King of Spain, "How can you call this Ferdinand 'wise' - he who has impoverished his dominions in order to enrich mine?" The Sultan welcomed the Jewish refugees with open arms. Likewise, the Jews had been welcomed in Turkey as soon as Muhammad The Opener opened Constantinople to Islam.

Non-Muslims are forbidden from holding positions of authority.

"And Allah will never give the unbelievers any way (of authority) against the believers" [ An-Nisa: 141].

This ayah expresses the categorical prohibition of the non-Muslims (Kafir) from taking a post of authority over the Muslims. Furthermore, the non-Muslim does not have the right to participate in the election of the Khaleefah.

Council of the Ummah

Any person who holds citizenship in the State, if he is mature and sane, has the right to be a member of the Council of the Ummah. There, he possesses the right to elect the members of the Council, whether the person was a man or a woman, a Muslim or non-Muslim.

It is permitted for non-Muslim citizens to be members of the Council, in order to file complaints against any injustice perpetrated against them by the rulers or against any error in the implementation of Islam upon them. It is narrated that Abu Bakr (ra) was talking to a Jew named Finhaas who he was calling to Islam. Finhaas replied, "By Allah Abu Bakr we are in no need for Allah as He is for us, and we do not request His help as He does to us. We need Him not, and He needs us. If He were truly rich, He would not ask to borrow our wealth as your friend claims. He (swt) forbids you from usury, but gives it to us, and if He were truly rich, He would not have given it to us." Here, Finhaas was referring to Allah's (saw) saying:

"Who would lend Allah a loan, so that Allah would multiply it for him." [ Al-Baqarah: 245].

Abu Bakr (ra) could not accept such an insult, so he beat Finhaas' face very severely and said, "By Allah, had it not been for the covenant that is between you and us, I would have killed you, you enemy of Allah."

Finhaas went and complained to the Prophet (saw) about Abu Bakr's (ra) action. The Prophet (saw) listened to his complaint and then asked Abu Bakr about the incident. Abu Bakr (ra) told the Prophet (saw) what happened, but Finhaas denied the incident. Soon after, Allah (swt) revealed His saying:

"Allah has heard the saying of the people when they said Allah is poor and we are rich. We will write what they said and their killing of the Prophets with no right, and We will say taste the punishment of the Hellfire."
[ Ale-Imran: 181].

Abu Bakr (ra) was the Prophet's (saw) assistant at the time of the incident, and Finhaas was a dhimmi(non-Muslim). The Prophet (saw) listened to Finhaas' complaint against Abu Bakr (ra), even though he was wrong. Also, if the complaint is from a person with whom the State has a treaty, then it is all the more reason for the complaint to be heard from the dhimmi, for he holds the covenant of Dhimmah.

Despite this, non-Muslims would not be allowed to voice their opinion in matters related to legislation, because the Islamic legislation emanates from the Islamic Aqeedah. The non-Muslim embraces a doctrine that is alien and contradictory to the Islamic Aqeedah, and his viewpoint. For this reason, his opinion is not sought in matters of legislation.

The non-Muslim members of the Council do not have the right to look into what the Khaleefah wants to adopt of rules and canons because of their disbelief in Islam. Their right is in voicing their opinion of the injustice of the rulers towards them, not in expressing of their opinion over the divine rules and canons.

T. W. Arnold, in his book "The Preaching of Islam," states: "When Constantinople was finally opened to the justice of Islam in 1453 Sultan Muhammad II proclaimed himself the protector of the Greek church. Persecution of the Christians was forbidden and a decree issued securing for the newly elected patriarch, Gennadios, and his bishops and successors after him, all the privileges previously enjoyed under the former rule. Gennadios was given the pastoral staff by the Sultan himself. The patriarch was also empowered to bring to the attention of the government and Sultan acts of unjust governors."

The Army

The protection of the dhimmi(non-Muslim) is the responsibility of the Muslims. The dhimmi are not obliged to join the army and fight to defend the Islamic State.

Ibn Hazm said, "That one of the rights of the People of Covenant is that if Dar ul Islam is attacked and the People of the Covenant reside in that part of the land then Muslims have to die to defend them. Any leniency in this regard would be leniency in the rights of the People of Dhimma."

If they choose to, non-Muslims can be part of the Islamic army and be paid a wage for this. But they are not allowed to hold positions of authority within the army. It was narrated in the Seerah of Ibn Hisham "There was amongst us a strange man, nobody knew who he was, it is said that he was Kuzman. The Messenger of Allah (saw) said, when his name was mentioned to him, 'indeed he is of the people of fire.' He said 'at the day of Uhud, Kuzman fought so ferociously that he alone killed seven to eight of the Mushrikeen…'"

Civil Servants

Anyone who holds citizenship and is competent, man or woman, Muslim or non-Muslim is eligible to be appointed as a director or employee of any administrative department. This is taken from the rules of hiring (Ijara), where it is permitted to hire any person despite religion. This is because the evidences for hiring do not omit any specific groups:

"And if they suckled for you, do give them their wage" [ At-Talaq: 6].

The Messenger of Allah (saw) himself once hired a man from Banu Ad-Deel who was a non-Muslim. This indicates that it is permitted to hire a non-Muslim just as it is to hire a Muslim.

Foreign Policy

The foreign policy of the Islamic State is to carry the Islamic da'wa to the world. The method for this is the State performing Jihad against other nations. The objective is the removal of the obstacles that stand in the way of Islam being implemented and the message of Islam being shown to the people.

The motivation for the conquering of other nations therefore is driven purely by seeking the pleasure of Allah (swt). It is not motivated by any material acquisitions. This is why when the Islamic State conquered other nations it did not oppress the people it had just conquered by stealing all their wealth. Rather the State implemented the Shari'ah upon the people and treated them with justice.

Abu Dawud mentioned that the Prophet (saw) said in the hadith of the peace treaty with the people of Najran, "No houses of worship should be destroyed, nor should a priest be forced out, nor should they be compelled to abandon their deen."

The following is the text of the treaty with the people of Aelia (Al-Quds, now referred to as Jerusalem). In it, the Khaleefah Umar ibn al-Khattab (ra) made a pledge to the Christians of Al-Quds after its opening:

In the name of Allah ar-Rahman ar-Raheem

This is what the servant of Allah, Umar, the Amir of the believers has granted to the people of Aelia (Al-Quds) for safety: He has granted them security for themselves, their belongings, their churches and crosses, their sick and healthy and all their co-religionists. Their churches shall not be taken for residence and shall not be demolished, nothing shall be damaged from them or from their surroundings, nor shall their crosses be removed or anything taken from their property. They shall not be harassed because of their religion, and none of them shall be harmed. No Jew will be allowed to live with them in Aelia.

The people of Aelia will have to pay Jizyah (tax) as the dwellers of cities pay. They have to eject from Aelia the Romans and thieves. Those of them who leave shall have safety for themselves and their belongings until they reach a safe destination, anyone from them who wants to stay in Aelia shall be safe provided they pay the Jizyah like the people of Aelia.

If any of the people of Aelia want to leave with the Romans and take their belongings with them they and their churches and crosses shall be safe until they reach a place of safety. Any of the people of the land who were in Aelia before the slaying of its last leader shall have the option of either staying provided they pay the tax like the people of Aelia or if they so wish, they shall be allowed to leave with the Romans or go back to their original homes. No tax shall be collected from them until they are able to pay it.

The promise of Allah, His Messenger, the Khalifah, and the believers is therefore given to abide by the contents of this treaty as long as the people pay their due tax.

Witnessed by: Khalid ibn al-Walid, Amr ibn al-'As, Abdur Rahman ibn 'Auf, Mu'awiah ibn Abi Sufyan.

Written in the year 15 AH.
( Tarikh al-Tabari, v3 609)

In his book, "Kitab Al-Kharaj," Abu Yusuf gives the following reports: "After getting on peaceful terms with the people of Syria and collecting the dues of the Jizya and the Kharaj, news reached Abu 'Ubeida that the Byzantines had amassed their troops to attack him. The effect of this was great on Abu 'Ubeida and the Muslims. He sent messages to the rulers of cities with whose citizens he had made peace, asking them to return to their subjects the paid dues of the Jizya and Kharaj, with an instruction to tell them: 'We hereby return to you the money you have paid us, because of the news of the enemy troops amassed to attack us, but, if God grants us victory against the enemy, we will keep up to the promise and covenant between us.' When this was delivered to the dhimmis and their money returned to them, they told the Muslims: 'May God bring you back to us and grant you victory over them!'"

Areas where Non-Muslims cannot live

Non-Muslims are not allowed to live in the Arabian Peninsula because Umar (ra) heard the Messenger of Allah (saw) say: "I will expel the Jews and Christians from the Arabian Peninsula and will not leave any but Muslims" [Muslim].

Yahya related to me from Malik from Ibn Shihab that the Messenger of Allah (saw) said: "Two deens shall not co-exist in the Arabian Peninsula" [Muwatta].

Also, the Jews are forbidden from living in al-Quds because of the Ijma as-Sahaba over Umar bin al-Khattab (ra) signing the treaty with the Christians of Aelia (al-Quds) where he said: "No Jew will be allowed to live with them in Aelia."

Integration of non-Muslims in to the Khilafah

After this discussion it is apparent that the non-Muslims integrated successfully in to the Islamic society. The religions of the Jews, Christians and other religions only have rulings covering the relationship between man and his Creator, and man with himself. The Shari'ah, in these two relationships, allows the non-Muslims to follow their own rulings on these matters; therefore, there is no conflict with the non-Muslims. Regarding the relationship of man with others i.e. the societal relationships, non-Muslims have no rulings on these matters. Because of this, they must adopt a system to live by in society. The Islamic system, when implemented, was by far the most successful system in integrating the non-Muslims in to the Islamic society. The rebellion and disunity caused by the non-Muslims living under the Islamic State in the past, like the Greeks and the Christians in Lebanon, only came about due to Britain and France encouraging and supporting rebellion in an effort to destroy the Khilafah.

Conclusion

By examining how the Shari'ah deals with the non-Muslims, we can see that the Khilafah, far from being something for non-Muslims to fear living under, is a State that will bring them out of the darkness and oppression of the Capitalist system and into the light and justice of Islam. It is this treatment of the non-Muslims by the Khilafah, which led numerous people to become Muslim. The extent of conversion was so great whole tribes came to embrace Islam in the Arabian Peninsula. Rulers of countries have actually been known to write to the Khaleefah requesting that Islam be implemented upon them. This is also the reason the Christians of Ash-sham fought alongside the Muslims against the Christian Crusaders who attacked the State. In India, in the 1920's, there were even Hindus who were part of the Khilafah movement trying to revive this State!

The glorious Qur'an states:

"When the Help of Allah and Victory comes. And you see the people enter Allah's deen in crowds. Celebrate the praises of your Lord and pray for His Forgiveness: for He is Oft-Returning in Grace and Mercy" [ An-Nasr: 1-3].

Abdul-Kareem Newell