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The Right of Non-Muslims

By: Sheikh Muhammad as-Saleh Al-'Uthaimin

“Non-Muslim” is a broad term that covers all those who are disbelievers in the faith and principles of Islam. These people are classified into four categories as follows:

a. Warriors,
b.
Peace seekers, Peace truce holders, and Non-Muslims living, or residing in an Islamically governed country.

In the following passages we shall attempt to give a brief account of each one of the above stated categories:

Warriors: This group is at constant war against Islam, in particular, and against all Muslims, regardless of creed, color, geographical location, social status or other criteria.

Peace Seekers: This group is entitled for Muslim protection in accordance with the time and place specified and agreed upon by both parties, for instance, peace seekers (non-Muslims), and peace grantors (governing Muslims). This is based upon the statement from the Glorious Quran:

“If one amongst the pagans ask thee for asylum, grant it to him, so that he may hear the Word of God; and then escort him to where he can be secure. That is because they are men without knowledge” (9:6)

Peace Truce Holders: Muslims must fulfill peace treaties made with this group of people in accordance with the terms and conditions of the treaties as long as these people did not breach their contract or do something contrary to the terms and conditions agreed upon by both parties, did not assist a third party against Muslims, did not criticize the religion of Islam openly, or did anything that make them loose their entitlement for the peace treaty with Muslims. This is, of course, is based on the statement of Allah, the Almighty, in the Glorious Quran:

“(But the treaties are), not dissolved with those Pagans with whom ye have entered into alliance and who have not subsequently failed you in aught, nor aided any one against you. So fulfil your engagements with them to the end of their term: for God loveth the righteous” (9:4)

And also the statement of Allah, the Almighty, in the Glorious Quran:

“But if they violate their oaths after their covenant, and taunt you for your Faith, fight ye the chiefs of Unfaith: For their oaths are nothing to them: That thus they may be restrained” (9:2)

4- Non-Muslims living, or residing in an Islamically governed country: This group has and enjoys the utmost rights upon Muslims. They are also required to practice certain things which are dictated by Muslims’ rights unto them as well.

In the first place, this group physically resides in an Islamic governed country and enjoy the protection, services and all other things that Muslims themselves enjoy from their Islamic government such as schooling, health care, road systems, housing, and all other major or minor services that an Islamic government avails for its people. In fact, this group enjoys all of the above due to the fact that they pay a special protection and services tax called: "JIZYEH", or "head tax" which is a tax imposed on non-Muslims residing in an Islamic country for this very purpose. This group, however, do not participate in fighting or military operations if the protecting Islamic country has been threatened and a war is waged against its territories.

Muslims governor must be fair and just to this group, in particular, and pass all judgements and sentences upon them on the basis of the true, accurate and precise Islamic jurisdictions in finance, economics, political or educational undertakings, and all other matters. A Muslim governor must establish capital or corporal punishments upon this group of people in accordance with the principles of their own religious or divine laws. They also should enjoy every protection that is naturally extended to the Muslim citizens residing in the same country.

Those readers who are interested in a detailed account of all the rules, regulations and principles of dealing with non-Muslims residing in an Islamic governed country, who are called: "AHLUTH-THIM-MAH" may refer to the book in Arabic entitled: "AHKAMU AHLITH-THIM-MAH", authored by Ibn-ul-Qay-yim. This book is rich, authentic and explicit for all the rights that this group enjoys, and all what is required from them in return as well.