The Rights of Non-Muslims in Islam (part 2 of 13): Non-Muslim Residents
 
There is much talk these days about the allowance Islam gives to the existence
of other religions in the world.  Some of the opinion that Islam orders that
Muslims fight the world until everyone becomes Muslim, creating ill feelings
without actually knowing what the religion actually says in this regard, much
more the existence of non-Muslims within an Islamic country.
In terms of residence within Muslim society, non-Muslims are classified into
three types.  To understand these types will deepen one’s understanding of the
relationship between Muslims and peoples of other faith in an Islamic society:
Classification of Non-Muslims
A.        Permanent Residents
Muslim jurists use the term ‘ People of the Covenant ’ (Arabic ‘dhimmi’  or ‘Ahl
ul-Dhimma’ ) to refer to non-Muslim residents.  It is not a derogatory term, as
some have made it seem.  In Arabic language the word ‘dhimma’ means a treaty of
protection for non-Muslims living in Muslim territory.  A similar term, ‘Ahl
ul-Dhimma’ , means ‘People of the Covenant ,’ because they are protected under
the covenant extended to them by Prophet Muhammad and the Muslims.[1]
 Non-Muslims are guaranteed protection in the Muslim society as long as they pay
a head tax and abide by the specific legislations mentioned in Islamic Law.
 This covenant of protection is not limited to a specific duration; rather,
stays in effect as long as those with whom the covenant is made abide by its
conditions.[2]  The good intent behind the term ‘dhimmi’ can be seen in the
letter written by the Caliph Abu Bakr as-Siddiq[3] to the non-Muslims of Najran:

‘In the Name of God, the Beneficent, the Merciful.  This is the written
statement of God’s slave Abu Bakr, the successor of Muhammad, the Prophet and
Messenger of God.  He affirms for you the rights of a protected neighbor, in
yourselves, your lands, your religious community, your wealth, retainers, and
servants, those of you who are present or abroad, your bishops and monks, and
monasteries, and all that you own, be it great or small.  You shall not be
deprived of any of it, and shall have full control over it…’[4]
Another example is the statement of a famous classical scholar of Islam, Imam
Awza’i[5]  in his letter to the Abbasid governor Salih b. ‘Ali b. Abdullah about
the  People of the Covenant, “They are not slaves, so beware of changing their
status after they have lived in freedom.  They are free People of the
Covenant.”[6]
Acknowledging this fact, Ron Landau wrote:
‘In contrast to the Christian Empire, which attempted to impose Christianity on
its subjects, the Arabs extended recognition to religious minorities, and
accepted their presence.  Jews, Christians, and Zoroastrians were known to them
as the People of the Covenant; in other words, the nations who enjoyed a
protected status.’[7]
B.        Temporary Residents
This category includes two types:
1)               The residents of non-Muslims countries who are at peace with
Muslims through specific peace agreements, international treaties, or other
mechanisms, who temporarily come to Muslim countries for work, education,
business, diplomatic missions, and so forth.  Muslim jurists refer to them in
Arabic as mu’aahadoon, which means, “those with whom there is a pact”.
2)               The residents of non-Muslims countries with whom Muslims do not
have a pact of peace, or who may be at war with Muslims, who temporarily come to
Muslim countries for work, education, business, diplomatic missions, and so
forth.  Muslim jurists refer to them in Arabic as musta’minoon, which means,
“seekers of protection”.
All classes have general rights common to them, and exclusive rights specific to
each group.  We will limit our discussion mostly to the most general, common
rights to avoid excessive details.
The General Rights of Non-Muslims
The expression “human rights” is relatively new, having come into everyday usage
only since World War II, the founding of the United Nations in 1945, and the
adoption by the UN General Assembly of the Universal Declaration of Human Rights
in 1948.[8]  Although its emergence in international law is a relatively recent
development, the idea of human rights itself is not new.  If one were to study
and compare the Universal Declaration of Human Rights to the human rights
granted by Islam 1400 years ago, one can clearly see the level of high moral
ground achieved by Islam before the Universal Declaration.[9]  This moral
standard did not come as a result of human intellectual endeavor.  The source of
Islamic morality is God.  The divine standard provides true comprehensiveness
and depth in human needs.  It provides for everything that benefits the human
race and shields it from any harm.  Objective study is likely to conclude,
‘there is no
religion or moral code on earth that has given more generous attention to
faithfully affirming these rights than Islam, detailing them, clarifying them,
and expressing them.’[10]
The Shariah, which is the legal and moral code of Islam, does not confine itself
to giving rights to Muslims only.  One of its distinguishing features is that
non-Muslim share many of these rights.  As a matter of fact, the general
principle is that non-Muslims have the same rights and obligations as
Muslims.[11]  This aspect of religion is unique to Islam, and perhaps has not
been attained by any other world religion.  If we look at Christianity, for
example, Professor Joseph Heath of the University of Toronto, says, ‘It should
go without saying that you can scour the Bible and not find one single mention
of “rights.”  You can also pick through the following 1500 years of Christian
thought without finding any rights.  That’s because the idea is entirely
absent.’[12]
Non-Muslims have many rights in Islam.  We will limit our discussion to the most
important of them, such as the freedom of belief, right to work, housing,
freedom of movement, and education.




Footnotes:

[1] Zaydan, Dr. Abd al-Karim, ‘Ahkam al-Dhimmiyin wal-Musta’minin,’ p.. 20

[2] Zaydan, Dr. Abd al-Karim, ‘Ahkam al-Dhimmiyin wal-Musta’minin,’ p.. 35

[3] Abu Bakr (d. 13 AH/ 634 CE): the first caliph after the Messenger of God. 
He was the best of the companions of Prophet Muhammad, renowned for his
sincerity, and was the closest friend of the Prophet.  He dies at the age of 63
and was buried beside the Messenger of God, may God bless him and grant him
peace.

[4] Abu Yusuf, Kitab al-Kharaj, p. 79

[5] Al-Awza’i (d. 157 AH/774 CE): Abu ‘Amr ‘Abdur-Rahman, Imam and founder of a
school of law followed by the people of West Africa before they became Maliki. 
He lived in Syria until he died in the port of Beirut.  He was the main Syrian
authority on Islamic Law in his generation.  He placed special emphasis on the
‘living tradition’ of the Muslim community as an authoritative source of law. 
His school of law spread in North Africa and Spain.  He is buried near Beirut.

[6] Abu Ubayd, al-Amwaal, p. 170, 171
  Zaydan, Dr. Abd al-Karim, ‘Ahkam al-Dhimmiyin wal-Musta’minin,’ p.. 77

[7] Landau, R, ‘Islam and The Arabs,’ p. 119

[8] “Human Rights.” Encyclopedia Britannica. 2006.

[9] Refer to Ghazali, M, ‘Human Rights: The Teachings Of Islam vs. The
Declaration of the United Nations.’

[10] Mutajalli, R.J.H., ‘Liberties And Rights In Islam,’ p. 22-23

[11] Zaydan, Dr. Abd al-Karim, ‘Ahkam al-Dhimmiyin wal- Musta’minin,’ p. 62

[12] Heath, Joseph, ‘Human rights have nothing to do with Christianity,’
Montreal Gazette, March 18, 2003





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