Citizenship
"And I did not send you except as a mercy to the whole of mankind"
Muhammad (saw) said, "The son of Adam has no better right than food, clothing and
shelter"
Muhammad (saw) said, "People are partners in three; water, resources and fire."
The above mentioned ayah and hadith demonstrate that the Shari. ah came to deal not
just with Muslims, but came to regulate the affairs of all people.
The Messenger of Allah (saw) said, "All of You are shepherds and all of you will be
responsible for the people placed under your authority." The non-Muslims who live in
the Islamic State and enjoy all their rights which emanate from Islam are called . Ahl
al-Dhimma. (the covenanted people). Since they bear the acceptance of Islamic
authority, they are citizens of the Islamic State, and are guaranteed protection exactly
like that of a Muslim. The rights given to them are of an irrevocable nature.
Accordingly, it is the responsibility of the State to provide them with the same access to
the means to fulfil their needs, with health services, security and even provisions if
necessary. Therefore, it is not lawful that any member of the society be deprived of his
right to live, eat, clothe himself and his family, and receive medical treatment wherever
necessary, since the Islamic evidences obligating the fulfilment of these rights on the
part of the State are general and not exclusive of non-Muslims. The duty of protecting
and relieving the problems of the non-Muslims and the manner in which to deal with
them have been expressly established, with severe consequences on those who
discriminate against or abuse the . Ahl al-Dhimma. or carry out any other action in
violation of the contract of citizenship with them.
The Messenger of Allah (saw) said, "Whosoever persecuted a dhimmi or usurps his
right or took work from him beyond his capacity, or took something from him with evil
intentions, I shall be a complainant against him on the Day of Resurrection." (Abu
Daud)
"Whosoever hurts a dhimmi, I shall be his-complainant, and for whosoever I am a
complainant I shall ask for his right on the Day of Resurrection."
"One who hurts a dhimmi, he hurts me; and one who hurts me, hurts Allah." (al-Tabari)
"Whoever oppresses a non-Muslim subject or taxes him beyond his capacity, then I
shall be the opposite party to him in the litigation."
"Whosoever killed a dhimmi, he will not even smell the fragrance of paradise although
its fragrance will be smelt from the distance of forty years journey." (narrated by
Ahmad and AI-Bukhari in the chapter on jizyah.)
The above mentioned legal evidences make it very clear that the Islamic system
protects the . Ahl al-Dhimma. from oppression and secures for them inviolable rights.
Securing Interests
In addition to securing the means to fulfil the organic needs for all citizens of the state,
the Islamic State also secures four core interests that are common to all human beings
and guarantees them to all its citizens: the protection of belief, mind, property and blood.
Belief
"There is no compulsion in religion" [TMQ 2:256]
. Ahl al-Dhimma. are not forced to become Muslims and their right to their own belief
is protected. Citizenship obliges adherence to the same law for all citizens in public life
and in affairs relating to the State. However the . Ahl al-Dhimma. , in the sphere of
their personal matters, are permitted to adhere to their religious beliefs. As such, the
settling of all personal disputes amongst them will be decided in accordance with the
personal law of their own belief.
Mind
The use of intoxicants and substances which befog the mind are forbidden in Islam.
Subsequently, all the social problems which are direct consequences of the availability
of such substances in society are removed.
Property
Islam protects the ownership of wealth by all its citizens through the implementation of
the Islamic economic system. This system eliminates the existence of usury and
institutions such as private banks, facilitating the greater flow of goods and capital
throughout all segments of society. Further, the penal code, in addition to the provision
for basic needs which the State makes, combines a strong deterrent with the elimination
of the motivation to engage in theft.
Blood
The implementation of hudud is not limited to crimes committed against Muslims. On
the killing of a Dhimmi by a Muslim, the Messenger of Allah (saw) ordered the
execution of the Muslim and said, "I am responsible for obtaining redress for the weak
persons."
A further aspect of the contract of citizenship is that . Ahl al-Dhimma. are exempted
from military service. The obligation of their protection falls upon the Muslims. This,
however, does not prohibit the permissibility of individual non-Muslims fighting alongside
Muslims under the banner of Islam.
Non-Muslims in political life
In any ideological state, no one can occupy a position of ruling unless that person
carries the state's ideology. This is clearly demonstrated in the . swearing in.
ceremonies to public office in the countries of the West. This ceremony includes a
testimonial of belief in secularism. The Islamic State is an ideological state. The ruler of
the State and all those who hold authority within its ruling structure must carry the
Islamic belief. Non-Muslims cannot rule Muslims. Allah (swt) states,
"Allah will never allow the Kuffar authority over the believers. . ." [TMQ 4:141]
Nonetheless there are positions within the Islamic State which can be occupied by
non-Muslims. For example, he (saw) appointed a Dhimmi to serve as a delegate for the
Islamic State. In the second year after the Hijrah, the pagan Arabs of Makkah sent a
delegation to Abyssinia to demand the extradition of Makkan Muslims who had
migrated to Abyssinia in 616 AD to seek shelter from the Christian King Negus after
suffering untold persecution from the pagans simply because they had accepted Islam.
Muhammad (saw) then sent a non-Muslim envoy in the person of Amr bin Umayyuh
al-#####, who belonged to one of the allied tribes of the neighbourhood of Madinah. It
was Amr who pleaded on behalf of the Muslim immigrants.
These are the solutions from Islam which were put into practice by the Islamic method
at the hands of the one who ruled by Islam. There are many beautiful examples from
the implementation of Islam over the ages which exhibit how Islam ensured security for
Muslims and non-Muslims alike and regulated a society that fostered harmony,
prosperity and dignity for all its citizens. It is important for Muslims to be familiar with
these examples so as to allay the myths created by others which portray the Islamic
system as intolerant and oppressive to non-Muslims. When the Khilafah returns, we will
convey these examples to the rest of humankind, as well as demonstrating more, as
evidences of Islam's unique ability to look after the affairs of human beings. This will
help pave the way for the entry into Islam of the masses of humanity.
Jews Under Islamic Rule
Many non-Muslim commentators on Islamic history have written of how Jews as . Ahl
al-Dhimma. were granted a significant degree of autonomy, security of life and
property. It has been narrated that during the rule of Umar bin al-Khattab, the second
Khaleefah, certain Muslims had usurped a piece of land belonging to a Jew and then
constructed a mosque on it. This was a clear violation of the rights held by the Jews
under citizenship. Umar ordered the demolition of the mosque and the restoration of the
land to the Jew. Also under the State, Jews were accorded protection against external
enemies, the right to worship according to their own traditions and were given
administrative positions in the State.
In Palestine
Ironically, the Israeli ideologues themselves provide testimony to the protection and
security which the Islamic State provided. The Zionist Film Foundation, in its 1935
documentary The Land of Promise claimed that while the Jews of Palestine lived under
the rule of Islam, they were the . centre of a great civilisation. . The film described how
the Jews prospered through trade and commerce, through academics and enjoyed a
golden period of their history. This was the case throughout the period of Islamic rule.
A period that lasted from the seventh century until the early twentieth century, barring
interruption at the hands of the marauding Christian Crusaders.
In Spain
Al-Andalus, (Spain) was opened up to Islam by Tariq ibn Ziyad. He landed on the
shores of Jabal Tariq (Gibraltar) in 711 AD (92 AH). The Jews who were residing in
Al Andalus under severe oppression, regarded the Muslims as saviours. When the
Muslims took possession of the land, many of the estates were divided and handed over
to local tenants. Islam took root in Andalus not through compulsion, but because it
provided a clearly superior way of life and progress for a people who, up until the
arrival of the Muslims, had been trapped under an oppressed, decadent, racist system.
Al-Andalus was the most populous, cultured and industrious land of all under the
Muslims, and remained so for centuries. Its trade with the outside world was
unparalleled, and in that time of economic prosperity, the Jewish civilisation, which had
been virtually eliminated from the peninsula in the seventh century by the Christians,
grew once more and flourished. The following description is found in Hume's Spanish
People. "Side by side with the new rulers lived the Christians and the Jews in peace.
The Jews, rich with commerce and industry, were content to let the memory of their
oppression by the Christians sleep. They were treated by the Muslims with marked
respect, and multiplied all over Spain."
Under the . Uthmani Khilafah
Under ruthless legislation applied by Christian monarchs in Spain, over four thousand
Jews were murdered in Seville alone in June 1391. In April 1482, Jews throughout the
monarchy were ordered to be confined to their ghettos, and not to live outside them. On
March 31st 1492, an edict of expulsion was issued giving the Jews of Spain until July
31st to accept baptism or leave the country. It has been estimated that 50,000 Jews
accepted baptism as a result of this decree, and that between 165,000 and 400,000
Jews, deprived of their property and possessions, left Spain.
Many that left sought refuge in the Islamic State. They recognised that the Islamic
State was governed by the law of Allah (swt), guaranteeing for them the protection,
security and prosperity which they were denied . The Muslims welcomed the Jews and
helped them to settle in their land, providing for them and looking after them. The
treatment of the Jews at the hands of the State attracted Jews from all over Western
Europe. As one historian noted, "In brief, just as the persecution under the Cross
reached their climax, a dazzling new world was opened up under the silvery radiance of
the Crescent." The large Jewish sections of Istanbul, the former Capital of the .
Uthmani Khilafah, are testimony to the large scale immigration which occurred into the
Khilafah. In fact the Khaleefah at the time described the actions of the Spaniards as
"foolish" and as "enriching my dominions".
Further Reading:
http://www.al-aqsa.org/alaqsa/books/political_views_on_palestine.htm