Fatwa No : 84263 |
Rights of non-Muslims in an Islamic state |
Fatwa Date : Rabee' Al-Awwal 21, 1423 / 2-6-2002 |
Question
What's the right of Ahl Zimmi (non-Muslims in an Islamic state) regarding to their religious practice and their rights in that country?
Answer
Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.
As for Zimmis (free non-Muslim subjects living in a Muslim country), they are Christians, Jews, Magians and Sabians who live in the Muslim country.
As a rule, Muslims and Zimmis have the same rights and are subject to the same obligations in the Muslim country. Scholars of Islam confirm such a rule and build upon it their juristic opinions.
But, there must be some exceptions to the above rule, since the Muslim country is a state that is based on creed, i.e. it is not possible to put a Muslim and non-Muslim good and bad on the same level without some limitation.
Allah Says (interpretation of meaning): {Shall We then treat the Muslims (believers of Islamic Monotheism, doers of righteous deeds) like the Mujrimun (criminals, polytheists and disbelievers, etc.)? What is the matter with you? How judge you?} [68:35-36].
Thus, the Zimmi is not allowed to be the president of the Muslim state or even to be leaders in army or judges among Muslims, since such are in fact religious positions to conduct worldly affairs and protect Muslim authority by applying the religion.
Islam secures personal freedom for Zimmis in the Muslim state, i.e. no one can bother or jail a Zimmi without Shari'a ruling. Also, they can move about own property or reside where they like (except the Arabian Peninsula). So, their houses, properties, shops, and so on, are secured in the Muslim state.
The Prophet (Sallallahu Alaihi wa Sallam) and all Caliphs ordered Muslims to treat them (the Zimmis) kindly and keep their properties safe.
The Prophet (Sallallahu Alaihi wa Sallam) said: "Anyone who harms a Zimmi, I will be his litigant and I will beat the one to be an opponent on the Day of Judgment" . [al-Suyuti in his book al-Jam'i al-Sughir with a good chain of narrators].
It is essential for Zimmis to have freedom of belief, i.e. to be free to convert to Islam or remain on their religion, although it is our duty to invite them to Islam and to argue with them kindly.
The above right is one of their fundamental rights and it constitutes the basis of the contract with them. So, the Muslim state has to protect their Churches against internal or external aggression. They also have the right to perform their worship within their temples and villages. But, they are not allowed to show their forms of worship among Muslim gatherings and on roads lest they tempt Muslims.
They have also the right of expression except to invite Muslims to their religion, in word or in deed.
They can benefit from the public facilities of Muslims in all walks of life. The letter of 'Umar Ibn 'Abdul 'Aziz to his governor of al-Basra is one of the glittering characteristics of the Islamic civilization: 'Look for the Zimmis who become old and weak and who cannot earn their livelihood and devote a grant that may mend their lives'.
The Zimmis are not allowed to sell pork to Muslims or in their Souqs and markets. They are also banned from dealing with Riba (usury and interest).
For more details, you are advise to consult: "Ahkam ahlu Zimma Wal-Mustaamineen", by 'Abdul Karim Zaidan .
Allah knows best.
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