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Non-Muslims Rights In An Islamic State
Posted by Muhammad on November 5, 2021 at 10:46 pmIs my understanding correct…there can be no discrimination amoung anyone on basis of religion in an islamic state….no company can discriminate on basis of religion in an islamic state…only non muslim cannot become part of group who amend laws in an islamic state
Umer replied 3 years ago 2 Members · 1 Reply -
1 Reply
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Non-Muslims Rights In An Islamic State
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Umer
Moderator November 6, 2021 at 4:00 amNon-Muslims can be divided into two categories regarding their citizenship in a state: (i) Muahids ie, those have come under an Islamic Government on account of a treaty with it, (ii) Zimmees ie, those who have come under an Islamic Government on account of being subdued in a battle (this was specific to law of itmam-e-hujjah and is no longer applicable).
All dealings with the (i) Muahids should be according to the terms of the peace treaty concluded with them. 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-e-hujjah (Unveiling of truth to the extent that no one is left with an excuse to deny it) 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”. (Ibn Hisham, al-Sirah al-Nabawiyyah, 2nd ed., vol. 2, (Beirut: Darul-Khayr, 1995), p.107)
Muslims have been binded by Islam to abide by these terms in all circumstances and to never violate them in the slightest way. Such violations according to Islam are totally forbidden and, in fact, amount to a grave transgression. The Quran says:
“Keep [your] covenants; because indeed on the Day of Judgement you will be held accountable for them.” (17:34)
The Prophet is said to have said:
“Beware! I myself shall invoke the justice of the Almighty on the Day of Judgement against the person who oppresses and persecutes a Muahid, or reduces his rights, or burdens him [with responsibilities] he cannot bear, or takes something from him against his will.” (Abu Daud: Kitab-ul-Jihad)
Therefore, considering the current status of Pakistan as a Nation State, there’s no room for any discrimination against the Non-Muslims living in a Muslim majority country. As per the constitution of Pakistan, all citizens have equal rights irrespective of their religion.
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-e-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 Quran 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
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. (Quran 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.
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