Rights of minorities in Islamic civilization

hi,

Rights of minorities in Islamic civilization

Introduction

Under the Islamic law, non-Muslim minorities received rights and
privileges that other minorities did not have under any other law in
any other country. The relationship between the Muslim community and
the non-Muslim minority is based on Allah's rule that says: {Allah
forbids you not, with regard to those who fight you not for (your)
Faith nor drive you out of your homes, from dealing kindly and justly
with them: for Allah loveth those who are just.}[Al-Mumtahanah: 9].

This verse has identified the ethical and legal basis, with which
Muslims must treat non-Muslims, namely kindness and justice with all
those who do not have enmity against them. The humanity did not know
these rules before Islam. It lived for centuries after Islam, but
suffered the horrors of lacking them. It still looks forward to the
day when it can apply these rules in modern societies but to no avail
due to passion, fanaticism and racism.

Minorities' right to freedom of belief
The Islamic law has ensured several rights and privileges for non-
Muslim minorities. Perhaps the most important of which is the freedom
of belief, which is stated in Allah's saying: {There is no coercion in
religion}[Al-Baqarah: 256]. This was also reflected in the Prophet's
(peace be upon him) letter to the People of the Scripture in Yemen
where he invited them to Islam. He (peace be upon him) said: "…and a
Jew or a Christian who embraces Islam becomes one of the believers,
having their rights and duties; and the one who remains Jewish or
Christian should not be forced to disband his religion.."[1]

As the Islamic law allowed non-Muslims to enjoy the freedom of belief,
it enacted rules to preserve their lives, on the ground that they are
human beings who have the right to life and existence. In this regard,
the Prophet (peace be upon him) says: "whoever kills a contracting
man(a non-Muslim protected by the state or an agreement) he will not
smell the Paradise".[2]

Warning against doing non-Muslims injustice
The Prophet (peace be upon him) warned against commitment of injustice
against non-Muslims and diminishment of their rights. He vowed to be
the opponent of their aggressors. He said: "Beware, if anyone wrongs a
contracting man, or diminishes his right, or forces him to work beyond
his capacity, or takes from him anything without his consent, I shall
plead for him on the Day of Judgment."[3]

One of the good stances of the Prophet (peace be upon him) in this
regard is what happened with Al-Ansar in Khaybar, as Abdullah ibn Sahl
Al-Ansari (May Allah be pleased with him) was killed in the lands of
the Jews. It was mostly expected that one of the Jews killed him.
However, there was no evidence. Therefore, the Prophet (peace be upon
him) did not punish the Jews, but he asked them to take an oath. Sahl
ibn Abu Hathma (May Allah be pleased with him) narrated that a number
of people from his tribe went to Khaybar and dispersed, and then they
found one of them murdered. They said to the people with whom the
corpse had been found, "You have killed our companion!" Those people
said, "Neither have we killed him, nor do we know his killer." The
bereaved group went to the Prophet and said, "O Allah's Messenger! We
went to Khaybar and found one of us murdered." The Prophet said, "Let
the older among you come forward and speak."Then the Prophet said, to
them, "Bring your proof against the killer."They said "We have no
proof." The Prophet said, "Then they(the defendants) will take an
oath."They said, "We do not accept the oaths of the Jews." Allah's
Messenger did not like that the blood-money of the killed one be lost
without compensation, so he paid one-hundred camels out of the camels
of Zakat (to the relatives of the deceased) as Diya (blood-money).[4]

Here, the Prophet (peace be upon him) did what no one even imagined,
as he himself paid the blood-money from the funds of Muslims in order
to calm down the anxiety of Al-Ansar without committing an injustice
against the Jews. So, the Islamic state assumed the burden so that a
suspicious rule would not be applied to a Jew!

Protection of non-Muslims' funds
The Islamic law has guaranteed the right to protect the funds of non-
Muslims. It prohibited taking or seizing these funds unjustly through
theft, usurpation, damage or any form of injustice. This was
practically applied the Prophet's (peace be upon him) promise to the
people of Najran, as he said: "The people of Najran and their
surrounding areas would be under the protection of Allah and His
Prophet Muhammad; their funds, religion, trade and everything small or
big would be also safe…"[5]

Moreover, a non-Muslim minority has the right to be guaranteed by the
Islamic state from the state treasury – Bayt Al-Mal (House of funding)
– in case of inability, old age or poverty, as the Prophet (peace be
upon him) says: "Everyone of you is a guardian and is responsible for
his charge"[6], on the consideration that they are citizens just like
Muslims, and the state is responsible for all of them before Allah (be
He Exalted).

In this regard, Abu Ubayd[7]narrated in his book Al-Amwal (funds) on
the authority of Sa'id ibn Al-Musayib[8]that he said: "The Allah's
Messenger (peace be upon him) gave alms to a Jewish family, so alms
could be given to them."[9]

What expresses the greatness of Islam and the humanity of the Islamic
civilization in this regard is the story mentioned in the Sunnah
(Prophet's traditions) books. The story says a funeral procession
passed in front of the Prophet (peace be upon him) and he stood up.
When he was told that it was a funeral of a Jew, he said, "Is it not a
living being (soul)?"[10]

These were the rights of non-Muslim minorities in Islam and the
Islamic civilization. The rule is to respect every human being as long
as he/she does not commit injustice or enmity.

Islam Story

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[1] Abu-Ubayd: Al-Amwal, p 28; Ibn Zinjwih: Al-Amwal, 1/109; Ibn
Hisham, Al-Sirah Al-Nabawiyah, 2/588; Ibn Kathir: Al-Sirah Al-
Nabawiyah, 5/146. Ibn Hajar Al-Asqalani said: Ibn Zinjwih narrated it
in Al-Amwal on the authority of Al-Nadr ibn Shumayl on the authority
of Awf on the authority of Al-Hasan; see: Ibn Hajar Al-Asqalani's Al-
Talkhis Al-Habir, 4/315.

[2] Narrated by Al-Bukhari on the authority of Abdullah ibn Amr,
chapter of Al-Jiziyah (tribute paid by non-Muslims) (2995), Abu-Dawud
(2760), and Al-Nasa'i (4747).

[3] Narrated by Abu-Dawud, chapter of Al-Kharaj (tribute) (3052), and
Al-Bayhaqi (18511). Al-Albani said correct; see: Al-Silsilah Al-
Sahihah (445).

[4] Narrated by Al-Bukhari, chapter of Al-Diyat (blood-money) (6502),
and Muslim, chapter of Al-Qasamah wa Al-Muharibin wa Al-Qisas wa Al-
Diyat (1669).

[5] Narrated by Al-Bayhaqi, Dala'il Al-Nubuwah (sings of prophecy),
chapter of Wafd Najran (Najran delegation) 5/485; Abu-Yusuf, Al-
Kharaj, p 72; and Ibn Sa'd, Al-Tabaqat Al-Kubra 1/288.

[6] Narrated by Al-Bukhari on the authority of Abdullah ibn Umar,
chapter of Al-Itq (manumission) (2416), and Muslim, book of Al-Imarah
(1829).

([7]) Abu-Ubayd:Abu-Ubayd Al-Qasim ibn Salam Al-Harawi (157-224 AH,
774-838 AD), a senior scholar of hadith, literature and Islamic
jurisprudence. He was a teacher. He was born in Harat and attended his
education there. He traveled to Baghdad and Egypt. He died in Mecca.
See: Al-Zahabi's Siyar A'lam Al-Nubala' 10/490-492.

([8]) Sa'id ibn Al-Musayyib: Abu Muhammad Sa'id ibn Al-Musayyib ibn
Hazan Al-Qurashi (13-94 AH, 634-713 AD); the master of the generation
succeeding the Prophet's companions, lived in Medina and was one of
its seven authorities in hadith and jurisprudence. He was also famous
for piety and asceticism. See Ibn Sa'd: Al-Tabaqat Al-Kubra 5/119-143.

([9]) Narrated by Abu-Ubayd in Al-Amwal, p613. Al-Albani said its
transmission is good on the authority of Sa'id ibn Al-Musayyib. See:
Tamam Al-Minnah, p389.

([10]) Narrated by Muslim on the authority of Qays ibn Sa'd and Sahl
ibn Hunayf, chapter of Al-Jana'iz (funerals) (961), and Ahmad (23893)