Early Islamic society often consisted of multiple religious communities living together, each following its own religious laws and coexisting for the most part in harmony. This started from the very first Islamic society established by the prophet in Madinah, with multiple tribes of Muslims and Jews coexisting peacefully under a treaty. In fact, throughout Islamic history, the majority of Muslim states have treated the non-Muslims living under their protection very well. Naturally there have been cases where Muslims have also failed to live up to their obligations or have mistreated the non-Muslims who lived with them, but this is a personal or a societal failure, and not an ideological failing of Islam. The Islamic state welcomes the existence of people of diverse backgrounds and beliefs, and extends protection, justice and freedom to them in line with Islamic principles and guidelines.
There are two important terms to be defined for this discussion:
Ahl-adhimma – or dhimmis - the word refers to those who are under the responsibility or protection of the Muslim state. Some considered that only Jews and Christians could be granted this status, other scholars suggested that any non-Muslim could be included. This is a term of honor and showcases their protected state, and it is not a derogatory term as some have suggested.
Jizya – a tax levied upon ahl-adhimma – is collected in exchange for the security and protection that the Muslim state provides to its non-Muslim constituents without expecting participation in jihad or military service in return. Some scholars have also argued that this applies only to able-bodied men who would otherwise be expected to serve in the military. The Islamic state has certain responsibilities towards the non-Muslims who live there. It is important to keep in mind that:
a) The Islamic state is not based merely on geographical boundaries like modern day
nation states, and instead it is an ideological state that holds Islam as its most basic
principle.
b) Muslim countries today are not Islamic states by any stretch of the imagination, and
they are based instead on the concept of the modern nation state. Therefore the
understanding and conceptualization of citizens can be very different to how it was
before in the Islamic state or khilafah.
c) Different regulations depending on religious identity were not due to religious
discrimination but at least partially due to the fact that religion was the distinctive
marker for identity before the rise of the nation state.
Generally speaking, non-Muslims have the same rights and obligations as Muslims living in
an Islamic state. The following are rights given to any non-Muslim who lives peacefully
within the Islamic state:
- The right to life – to kill a non-Muslim dhimmi is forbidden and punishable
- The right to freely follow their religion – no one is to be coerced to convert to Islam, and their places of worship are to be protected. Marriage, divorce, inheritance etc. is to be governed according to their religion and not according to Islam unless an individual prefers that
- The right to property and work – property cannot be forcibly taken away from non- Muslims, nor should they be cheated, nor should their land be usurped. They can hold almost any position and work in any occupation
- The right to social security – the Islamic state is obliged to look after poor and disadvantaged citizens, both Muslims and non-Muslims
- The right to justice – Muslims may not be favored over non-Muslims in case of a dispute that is taken to court
- The right to personal freedom – non-Muslims enjoy their right to privacy, freedom of movement, and protection from unfair arrest
Differences between the rights of non-Muslims and Muslims:
- Non-Muslims are permitted to trade items with each other that Muslims are forbidden from, such as pork, alcohol, etc.
- Non-Muslims are expected to show consideration for the Muslims and their beliefs and to be respectful of Muslim rituals and Muslim sensitivities
- Non-Muslims are not expected to fight on the behalf of the Islamic state
- Non-Muslims are expected to pay the jizya since they are given a protected status without being expected to fight on behalf of the state. If the state fails to protect them,
their jizya will be returned. There is no fixed rate but it must be easily affordable. If non-Muslims are expected to take part in military service, jizya will not be collected.
- Non-Muslims are not expected to pay zakat while Muslims are obligated to do so
- Non-Muslims are not permitted to hold governmental positions that may have an effect on the religious life of Muslims, or to be head of state of the Islamic state, or to be a zakat collector, or the head of army, or the judge of a shariah court.
As can be seen, the Islamic state extends comprehensive rights and protections to the non-
Muslims living under Islamic rule. In exchange, the state expects the non-Muslims to pay
jizya, to be respectful and careful of Muslim sensitivities, and to avoid engaging in behavior
that might offend or provoke the Muslims living there. For most of history, Muslims
compared to almost any other nation were considered to be the most welcoming and tolerant
towards minorities, and this should be an inspiration and guidance to the Muslims of today.
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