The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State. (OP)
Rights of Citizens in an Islamic State
Islam protects the rights belonging to the citizens of an Islamic state, whether they are Muslims or non-Muslims.
The first is the right to security of life and property. Islam prohibits killing except for that which is done in the due process of law at the hands of a God-fearing court. No government has the right to murder its citizens, openly or secretly, because they oppose its unjust policies and actions or criticize it. Furthermore, Islam confers the right of security of ownership of property.
Another right is that of the protection of honor. Under Islamic Law, if one is proved to have said things that could have damaged the reputation and honor of the plaintiff, the accused is declared guilty of defamation — regardless of whether or not the plaintiff is able to prove that he is respectable and honorable in the first place.
Citizens of an Islamic state have the right to the sanctity and security of private life. Thus spying on others, reading their mail, tapping their phones, etc., is illegal. Espionage on the life of the individual cannot be justified on moral grounds. In fact, when a government does begin to spy on its own people, the common citizens cannot speak freely even in their own homes, and society begins to suffer from a state of general distrust and suspicion — which in turn leads to more dissatisfaction and eventually unrest.
No citizen can be imprisoned unless his guilt has been proven in an open court in which he has the opportunity to defend himself.
Citizens have the God-given right to protest against the government’s tyranny, whether that abuse is directed against individuals, groups, or the entire population.
Citizens have absolute and complete equality in the eyes of the law regardless of their religion
Islam grants the right of freedom of thought and expression on the condition that it should be used to propagate virtue and truth, not to spread evil and wickedness. Further, no one has the right to use abusive or offensive language in the name of criticism. In fact, the citizen not only has the right of freedom of expression in order to propagate virtue, but also the duty to propagate virtue and stop the spread of evil.
Islam gives people the right to freedom of association and formation of parties or organizations, provided that this right is exercised to spread virtue and righteousness, not to spread evil and mischief.
Citizens of an Islamic state have the right to freedom of conscience and conviction. Non-Muslim citizens cannot be forced to accept Islam, and no moral, social, or political pressure can be put on them to make them change their minds.
Religious sentiments are to be protected. Discussion and debate on religious matters can be held, but these must be conducted in decency with no abusive language. This applies to followers of all faiths.
An individual cannot be arrested or imprisoned for the offenses of others. Every person is responsible for his own acts.
Citizens have the right to the basic necessities of life. It is the responsibility of the State to provide the basic necessities for the poor and needy, invalid, orphaned, elderly, unemployed, et cetera. Even a dead person with no guardian or heir has the right to a proper burial by the State.
The citizens of an Islamic state have absolute and complete equality in the eyes of the law, regardless of their religion.
In an Islamic state, the rulers are not above the law. All officials of the state, whether they are the head or ordinary employees, are equal in the eyes of the law. None can claim immunity. Even an ordinary citizen has the right to forward a claim or file a complaint against the highest executive in the country.
Citizens have the right to avoid sin. No government, or administrator, or head of a department can order another person to do wrong. A person who is so ordered has the right to refuse to comply, and this would not be seen as an offense under Islamic Law.
Islam grants the right to participate in the affairs of state. Thus every citizen has the right to have a direct say in the affairs of the state or a representative chosen by him and others.
Last edited by - Qatada -; 06-08-2007 at 02:50 PM.
Reason: highlighted certain points
In this day and age, were a proper Islamic state to be established, the western world would still be a more attractive proposition to Non-Muslims anyway. I think that's a no-brainer really. Historically, that wasn't the case, but nowadays it is.
Is what Faye says correct? About the potential plight of Atheists and Agnostics under an Islamic State?
Someone said to the Prophet, "Pray to God against the idolaters and curse them." The Prophet replied, "I have been sent to show mercy and have not been sent to curse." (Muslim)
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
Hi Skavau,
format_quote Originally Posted by Skavau
Is what Faye says correct? About the potential plight of Atheists and Agnostics under an Islamic State?
That Atheists and Agnostics would be either killed or enslaved under an Islamic state seems strange to me. I'll be the first to admit though, that Islamic law is a subject that I don't know much about. I'll wait to see what aamirsaab has to say on the issue, since he has much more knowledge about it than me.
Regards
"I spent thirty years learning manners, and I spent twenty years learning knowledge."
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
format_quote Originally Posted by Faye
In Hidayah, the main book of Hanafi Fiqh, it says that Jizya, (and by extension, dhimmi status) is leveled on the Ahli Kitaab and Fire Worshippers, the first because of an order to Allah to that effect in Surah Tawbah, Ayat 29, and the second because it is proven in a Hadith that Rasoolullah SAWS took jizya from a Fire worshipper. And according to Imam Abo Hanifa, Jizya may also be leveled on a non-Arab idolatoror, but according to Imam Shafee, fighting them is mandatory, because the original order in the Ayat is: fight them.We know that it is permissible to level Jizya in the case of the Ahli Kitaab by the Quraan itself, and in the case of fire-worshippers by Hadeeth, but in all others the original order applies. And Imam Abo Hanifa's point is that enslaving idolatorors is permissible, so levelling Jizya on them is also permissible, because in each cases his life is spared, so he will earn and pay jizya to muslims and his living expenses will be from his earnings.
From what I understand from this, according to Imam Shafee, jizya is only leveled on Ahli Kitab with the sole exception being Fire-Worshippers. Thus Agnostics and Atheists do not qualify for dhimmi status and they would either be killed or enslaved.
Imam Abo Hanifa's position seems to indicate, though he does not clearly state it, that dhimmi status could be granted to an Atheist or Agnostic. His use of the term 'idolatorors' appears to cover all other religions. Furthermore, the logic behind his arguement is that if you can make a person a slave, you can also make him a dhimmi. I don't actually know whether Agnostics and Atheists can be enslaved, but if they can, they should be granted dhimmi status as well.
I am attaching a scan of the page of Hidayah from which I took my information
Two points that need clarification here, I think. The first is that anything after 'from what I understand from this', is just my own extrapolation from my understanding of their positions, and not anything I know from a reliable source. The actual ruling maybe opposite to this, and I maybe mistaken.
The other point is that this text relates the opinion of two traditional scholars, who may never have met an Agnostic or Atheist. The ruling of modern scholars, even from those two schools of thought may not agree with this.
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
Very brief info on this matter:
Dhimmis are under the dhimmat-Allah; as such they enjoy complete religious, admin and political freedom.
Fundemental rights of a dhimmi:
* protection from all external threats
* protection from all internal tyranny and persecution
Some Hadith by the Prophet [saw], relating to dhimmis;
* One who hurts a dhimmi, he hurts me; and one who hurts me, hurts Allah
(Al Tibrani)
* Whoever hurts a dhummue, I shall be his complainant, and for whosoever I am a complainant, I shall ask for his right on the Day of Resurrection.
(Al Sunan, al-kubra Vol. 4 P. 205. narrated by Al Khatib)
Some muslim jurists like Ibn Abdin (1836 A.D) have argueed that since muslims are given responsibility to protect the blood and property of non-muslims and since the persecution of weak persons at the hands of strong is considered as one of the greatest crimes, the persecution of non-muslims in an islamic state will be considered to be a greater crime than the persecution of muslims by non-muslims.
One needs only to look through articles 1 through 20 of the declaration of human rights to see that they reflect the aims and objectives of the Shariah.
Source material used;
Sharia: The Islamic Laq
Author: Abdur Rahman I. Doi
Someone said to the Prophet, "Pray to God against the idolaters and curse them." The Prophet replied, "I have been sent to show mercy and have not been sent to curse." (Muslim)
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
format_quote Originally Posted by Whatsthepoint
Can non-muslims in an islamic-state practice their religion in public?
How do you mean 'in public?' If you mean like can a Sikh wear his kirpan dagger, then yes (since hye enjoy complete religious freedom [provided they aren't ''recruiting'' but that's not really a problem given that it is a theistic state!])
Someone said to the Prophet, "Pray to God against the idolaters and curse them." The Prophet replied, "I have been sent to show mercy and have not been sent to curse." (Muslim)
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
format_quote Originally Posted by aamirsaab
How do you mean 'in public?' If you mean like can a Sikh wear his kirpan dagger, then yes (since hye enjoy complete religious freedom [provided they aren't ''recruiting'' but that's not really a problem given that it is a theistic state!])
Yeah, that's what I meant. Can they also celebrate or worship in public? Can Catholics have processions, can Hindus have their festivals etc.
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
format_quote Originally Posted by Whatsthepoint
Yeah, that's what I meant. Can they also celebrate or worship in public? Can Catholics have processions, can Hindus have their festivals etc.
I really don't know. The book I have doesn't go that far in detail - it just says (regarding dhimmis):''.....as such they enjoy complete religious, admin and political freedom.''
So I'm guessing they'd be allowed to but cannot say for 100%.
Someone said to the Prophet, "Pray to God against the idolaters and curse them." The Prophet replied, "I have been sent to show mercy and have not been sent to curse." (Muslim)
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
format_quote Originally Posted by aamirsaab
I really don't know. The book I have doesn't go that far in detail - it just says (regarding dhimmis):''.....as such they enjoy complete religious, admin and political freedom.''
So I'm guessing they'd be allowed to but cannot say for 100%.
The fact that they can't preach their religion to others means that they don't enjoy complete religious freedom.
Can they build new places of worship?
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
format_quote Originally Posted by Whatsthepoint
The fact that they can't preach their religion to others means that they don't enjoy complete religious freedom.
For a pure theisic state, it is a considerable amount of religious freedom. And given that it is an Islamic state, it is hardly going to be in the interest to allow preaching of another religion. It'd be like the Pope saying: yeah you muzzies can come round my house, benefit in every way possible, eat all my food, be protected by my own personel security force AND preach your own religion! Hell, on saturdays, you EVEN get to take over the rule as POPE!
Obviously this is an exageration but I think you see my point; for a thiestic state, the True Islamic state offers a great deal of religious freedom.
Can they build new places of worship?
Again, I don't know. From what little history I do know of, places of worship (other than Islam) were already present in those countries were Islam spread to. Now, there is this belief online (a mere google search of ''the Islamic state'' will show this) that absolutely no new places of worship (of non-muslims) can be built - but I've yet to see any ayat or hadith that clarifies it.
So I'd much rather hear people in general say: I don't know as opposed to: ''no you cannot build a new one''.
Someone said to the Prophet, "Pray to God against the idolaters and curse them." The Prophet replied, "I have been sent to show mercy and have not been sent to curse." (Muslim)
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
format_quote Originally Posted by aamirsaab
Obviously this is an exageration but I think you see my point; for a thiestic state, the True Islamic state offers a great deal of religious freedom.
I agree. That doesn't mean that the islamic state is the ultimate state though.
Again, I don't know. From what little history I do know of, places of worship (other than Islam) were already present in those countries were Islam spread to. Now, there is this belief online (a mere google search of ''the Islamic state'' will show this) that absolutely no new places of worship (of non-muslims) can be built - but I've yet to see any ayat or hadith that clarifies it.
So I'd much rather hear people in general say: I don't know as opposed to: ''no you cannot build a new one''.
Well, what if the old places of worship become more crowded?
Could you do some research on this one? Thank you.
Someone said to the Prophet, "Pray to God against the idolaters and curse them." The Prophet replied, "I have been sent to show mercy and have not been sent to curse." (Muslim)
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
format_quote Originally Posted by Whatsthepoint
The fact that they can't preach their religion to others means that they don't enjoy complete religious freedom.
Can they build new places of worship?
They can't build new ones, but if the old ones get ruined, or broken down, they can rebuild. I'll post the reference tonight, Insha Allah.
As far as overcrowding is concerned, this has not historically been a problem, as the majority population usually did convert to Islam, if not in the first generation, then definitely in the second. After all, they can't recruit, any children of mixed parents are Muslim by default, and Muslims can recruit.
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
Here is the reference, from the book of Fiqh, Mukhtasir ul-Qudoori.
It says that it is not allowed to make new worshipping places in Muslim land, but if one gets destroyed, it is to be remade, and dhimmis cannot dress like muslims and cannot ride horses or bear weapons, and dhimmi status will not end if the dhimmi doesn't give jizya, or kills a muslim, or insults the Nabi SAWS or commits adultry/fonication with a muslim woman; that dhimmi status will only end if he goes to an enemy nation, or the enemy nation attacks the Muslim land and win.
Correction: the dhimmis cannot resemble muslims in their dress, or in what they ride (animals), or in their saddles (reins, harnesses, that sort of stuff), or in their hats and they may not ride horses and may not carry weapons.
Last edited by Faye; 08-09-2008 at 10:15 PM.
Reason: Inaccurate translation
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
format_quote Originally Posted by Faye
Here is the reference, from the book of Fiqh, Mukhtasir ul-Qudoori.
It says that it is not allowed to make new worshipping places in Muslim land, but if one gets destroyed, it is to be remade, and dhimmis cannot dress like muslims and cannot ride horses or bear weapons, and dhimmi status will not end if the dhimmi doesn't give jizya, or kills a muslim, or insults the Nabi SAWS or commits adultry/fonication with a muslim woman; that dhimmi status will only end if he goes to an enemy nation, or the enemy nation attacks the Muslim land and win.
Since riding Horses obviously relates to training cavalry, would that now be to include flying aircraft/helicopters or driving vehicals. There is no combat horse cavalry units outside of Afganistan, if Dhimmis are allowed to learn to drive they could drive a truck or a HUMMWV, if they are allowed to fly a helicopter they could with not much training,fly a gunship.
Occupation: The term of control of a territory by foreign military forces: Iraq 2003-2005 Liberation:when something or someone is freed: Operation Telic 2003
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
Here is another reference from Hidayah.
This has more detail. It adds that if the place of worship gets ruined, then it is necessary to rebuild it but in the same place, moving it is not allowed. Also, that private places of worship inside houses are exempt from this decree. Also that these rules ie, forbidding of making new places of worship, apply to cities and villages of Arabs, and to the cities of non-Arabs, but not their villages.
Re: The Rights of a Dhimmi (non muslim) & Muslim in an Islamic State.
format_quote Originally Posted by barney
Since riding Horses obviously relates to training cavalry, would that now be to include flying aircraft/helicopters or driving vehicals. There is no combat horse cavalry units outside of Afganistan, if Dhimmis are allowed to learn to drive they could drive a truck or a HUMMWV, if they are allowed to fly a helicopter they could with not much training,fly a gunship.
I believe that point refers to dhimmis participating in a battle - e.g training. So I guess it would include helicopters, cars etc. But that's only for war related times (since it is the muslims duty to fight in an islamic state - not for the dhimmis/protected people)
Someone said to the Prophet, "Pray to God against the idolaters and curse them." The Prophet replied, "I have been sent to show mercy and have not been sent to curse." (Muslim)
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