فَإِنْ تَابُوا وَأَقَامُوا الصَّلَاةَ وَآتُوْا الزَّكَاةَ فَإِخْوَانُكُمْ فِي الدِّينِ (11:9)

So, if they repent, are diligent in the prayer and pay zakah, they are your brethren in religion. (9:11)

فَإِنْ تَابُوا وَأَقَامُوا الصَّلَاةَ وَآتُوْا الزَّكَاةَ فَخَلُّوا سَبِيلَهُمْ (5:9)

So, if they repent, are diligent in the prayer and pay zakah, leave them alone. (9:5)

Both these verses of Surah Tawbah have the same context. The Quran says that it should be proclaimed in the congregation of the hajj that those among the Idolaters of Arabia who fulfil the conditions stated in these verses are the brethren of the believers and that the Almighty directs the believers to spare their lives. These conditions are that people should:

1. Repent from polytheism and disbelief and accept Islam.

2. Be diligent in the prayer as evidence of their faith and belief.

3. Pay zakah to the state to run its affairs.

While explaining this directive of Islam, the Prophet (sws) is reported to have said:

أُمِرْتُ أَنْ أُقَاتِلَ النَّاسَ حَتَّى يَشْهَدُوا أَنْ لَا إِلَهَ إِلَّا اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ وَيُقِيمُوا الصَّلَاةَ وَيُؤْتُوا الزَّكَاةَ فَإِذَا فَعَلُوا ذَلِكَ عَصَمُوا مِنِّي دِمَاءَهُمْ وَأَمْوَالَهُمْ إِلَّا بِحَقِّ الْإِسْلَامِ وَحِسَابُهُمْ عَلَى اللَّهِ

“I have been directed to wage war [1] against these people until they testify to the oneness of God and to the prophethood of Muhammad, are diligent in the prayer and pay zakah. If they accept these terms, their lives will be spared except if they commit some other violation that entails their immunity from this protection and [in the Hereafter] their account rests with God.”[2]

This directive was for the Idolaters of Arabia to whom the truth had been communicated by the Prophet (sws) that they were not left with any excuse to deny it; however, it is obvious that if such people were to be meted out the death punishment and were not required to fulfil anything beyond what is stated in the verse, it is all the more befitting that those after them not be demanded anything more. Consequently, the principles which can be ascertained from these verses regarding the rights and obligations of a citizen are as follows:

First, people who fulfil these conditions, irrespective of their status in the Hereafter, shall be considered as Muslims in the eyes of the law and the state, and they shall be entitled to all the rights which, as Muslims, they should have in their state.

Second, after fulfilling these conditions the mutual relationship between the rulers and the ruled shall be that of brotherhood. They are like brothers and, therefore, possess the same legal rights. There is no question of any discrimination between them whatsoever in Islam. The Quranic words are فِي الدِّين فَإِخْوَانُكُمْ (then [they are] your brethren in religion). The word الدِّينِ (the religion) obviously means Islam and the words فِي الدِّين فَإِخْوَانُكُمْ (then [they are] your brethren) are directed at the Companions (rta) of the Prophet (sws), who are told that if these people fulfil these three conditions, they will be equal in citizenship status to the Companions (rta). No distinction will exist between the two in the eyes of the law.

Third, due to this fraternal relationship, all responsibilities which reason and intellect endorse shall be imposed on the rulers and the ruled.

Fourth, irrespective of the duties and obligations imposed on a person as far as the accountability in the Hereafter is concerned, the collective system can only legally ask its Muslim citizens to fulfil the three requirements mentioned in these verses. Nothing can be added or taken away from this list. The Almighty Himself has fixed them once and for all; therefore, once they are fulfilled, no rule or regulation, and no state or parliament can tamper with the life, wealth, honour, and freedom of expression of the Muslims. Consequently, when the caliph Abu Bakr (rta), the first ruler of the Muslims after the Prophet (sws), launched an attack against those who had desisted to pay zakah in his times, on being questioned, stated in unequivocal terms:

قال الله تعالى: فان تابوا وأقاموا الصلوة وأتوا الزكوة فخلوا سبيلهم_ والله لا اسئل فوقهن ولا اقصر دونـهن

The Almighty has said: “So, if they repent are diligent in the prayer and pay zakah, spare their lives.” By God! I shall neither ask for more nor accept any less.[3]

It is evident from this discussion that indeed a state has the authority to stop its Muslim citizens from committing a crime and to punish them if they do, but, positively, a state has no authority to require anything of the Muslims except the prayer and zakah. For example, it cannot force a Muslim to keep fasts nor can it compel him to offer hajj even if it is known that he has the financial position to do so; nor can it pass a law for compulsory military recruitment for the purpose of jihad. In short, as far as legislation against crimes is concerned, it has all the authority to do so, but regarding positive requirements of the shariah, except for the prayer and zakah, it can only urge and exhort, educate and indoctrinate Muslims to fulfil them. Its jurisdiction ends here in this regard.

In the sermon of the last hajj, the Prophet (sws) is reported to have said:

إِنَّ وَدِمَاءَكُمْ وَأَمْوَالَكُمْ وَأَعْرَاضَكُمْ بَيْنَكُمْ حَرَامٌ كَحُرْمَةِ يَوْمِكُمْ هَذَا فِي شَهْرِكُمْ هَذَا فِي بَلَدِكُمْ هَذَا

Indeed, your lives, your wealth, and your honour are as sacred and inviolable as this day of [sacrifice of] yours in this city of [Makkah of] yours in this month of [Dhual-Hajj of] yours.[4]

These are the rights of the Muslim citizens. As far as the rights of non-Muslims are concerned, any agreement can be made with them regarding their rights, keeping in view the circumstances and the various international accords one is bound with. In this regard, perhaps the best example before Muslims is the pact made by the Prophet (sws) before itmam al-hujjah[5]with the Jews of Madinah. It is known as the mithaq of Madinah. Similar pacts were made by Muslims later on with some other nations. Obviously, they can be made on any mutually agreed terms and conditions depending upon the circumstances. Consequently, if the mithaq of Madinah is studied, one can see that one of its statutes clearly says that after accepting the political sovereignty of Muhammad (sws), the Jews and the Muslims are equal citizens of this state of Madinah and therefore, the Jews will have the same rights as the Muslims have here:

وانيهود بني عوفامة مع المؤمنين لليهود دينهم وللمسلمين دينهم مواليهم وانفسم

And the Jews of the Banu ‘Awf are acknowledged like the Muslims as one independent group. As far as religion is concerned, the Jews shall remain on theirs and the Muslims and their allies on theirs.[6]

Here, no one should present Quran 9:29, whose text is reproduced below, to refute what has been said above. However, it is evident from the words and the context of this verse that it is related to those People of the Book who were subjected to itmam al-hujjah by the Prophet (sws), and who as a consequence of their blatant denial of the truth in spite of being convinced of it were punished in this world according to the established law of the Almighty. If they wanted to escape the punishment of death in order to live in the Muslim state, they were first required to pay jizyah to the state and second to live in subservience to it. The words of the Qur’an are:

قَاتِلُوا الَّذِينَ لَا يُؤْمِنُونَ بِاللَّهِ وَلَا بِالْيَوْمِ الْآخِرِ وَلَا يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُ وَلَا يَدِينُونَ دِينَ الْحَقِّ مِنْ الَّذِينَ أُوتُوا الْكِتَابَ حَتَّى يُعْطُوا الْجِزْيَةَ عَنْ يَدٍ وَهُمْ صَاغِرُونَ (9:29)

Fight those from among the People of the Book who believe not in Allah or the Last Day, nor hold that forbidden which has been forbidden by Allah and His Messenger, nor adopt the Religion of Truth as their own religion until they pay the jizyah after being subdued and live a life of submission. (9:29)

This directive is a corollary of the law of itmam al-hujjah and specific to the people to whom the truth had been conclusively communicated. After them, it has no bearing on other non-Muslims of the world.

(Javed Ahmed Ghamidi)

(Translated by Dr. Shehzad Saleem)

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[1]. No one should have any misconception from the words: ‘I have been directed to fight …’ of this Hadīth. The opponents referred to here are specifically the Idolaters of Arabia. Since the truth had been unveiled to them in its ultimate form, the law for them was to either accept faith or face death.

[2]. Muslim, Al-Jami’ al-sahih, vol. 1, 53, (no. 22).

[3]. Abū Bakr Jassās, Ahkāmu’l-Qur’ān, vol. 3, (Beirut: Dāru’l-Kitāb al-‘Arabī, 1997), p. 82

[4]. Musnad Ahmad: No. 2037.

[5]. Unveiling of truth to the extent that no one is left with an excuse to deny it.

[6]. Ibn Hishām, al-Sīrah al-Nabawiyyah, 2nd ed., vol. 2, (Beirut: Dāru’l -Khayr, 1995), p. 107