Islam is a religion of mercy to all people, both Muslims and non-Muslims. The Prophet was described as being a mercy in the Quran due to the message he brought for humanity:
"And We have not sent you but as a mercy to all the worlds." (Quran 21:107)
When a person analyzes the legislations of Islam with an open mind, the Mercy mentioned in this verse will definitely become apparent. One of the aspects constituting an epitome of this Mercy is the way the legislations of Islam deal with people of other faiths. The tolerant attitude of Islam towards non-Muslims, whether they be those residing in their own countries or within the Muslim lands, can be clearly seen through a study of history. This fact is not only purported by Muslims, but many non-Muslim historians also accept it. Patriarch Ghaytho wrote:
‘The Arabs, to whom the Lord has given control over the world, treat us as you know; they are not the enemies of Christians. Indeed, they praise our community, and treat our priests and saints with dignity, and offer aid to churches and monasteries.’[1]
Will Durant wrote:
‘At the time of the Umayyad caliphate, the people of the covenant, Christians, Zoroastrians, Jews, and Sabians, all enjoyed degree of tolerance that we do not find even today in Christian countries. They were free to practice the rituals of their religion and their churches and temples were preserved. They enjoyed autonomy in that they were subject to the religious laws of the scholars and judges.’[2]
These just relations between Muslims and people of other faiths were not due to mere politics played by Muslim rulers, but rather they were a direct result of the teachings of the religion of Islam, one which preaches that people of other religions be free to practice their own faith, only accepting the guidance offered by Islam by their own choice. God says in the Quran:
"There is no compulsion in religion…" (Quran 2:256)
Not only does Islam demand their freedom to practice religion, but also that they be treated justly as any other fellow human. Warning against any abuse of non-Muslims in an Islamic society, the Prophet stated:
"Beware! Whoever is cruel and hard on a non-Muslim minority, curtails their rights, burdens them with more than they can bear, or takes anything from them against their free will; I (Prophet Muhammad) will complain against the person on the Day of Judgment." (Abu Dawud)
How far is this mannerism than the majority of nations, to this day, which not only suppress the rights of foreign religions, but also foreign peoples and races! In a time when Muslims were being tortured to death in then pagan Mecca, Jews were being persecuted in Christian Europe, and various peoples were being subjugated due to their particular race or caste, Islam called to the just treatment of all peoples and religions, due to its merciful tenets which gave humanity the right to their humanness.
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.
God has created human beings with certain dignity, Muslims and non-Muslims alike, and has elevated their status above much of His creation. God says in the Quran:
"We have honored the children of Adam; provided them with transport on land and sea; given them for sustenance things good and pure; and conferred on them special favors, above a great part of Our creation." (Quran 17:70)
As a token of honor and to elevate his status, God commanded the angels to prostrate out of humility before Adam, the father of humanity. God informs us in the Quran:
"When We said to the angels, ‘Prostrate yourselves to Adam,’ they prostrated themselves, but not Satan; he refused." (Quran 20:116)
God bestowed many favors on humanity, some of which are obvious, while others are hidden. For instance, He subjected the heavens and earth to human beings to honor them. He says:
"It is God who created the heavens and earth and sends down rain from the sky, and with it brings out fruits therewith to feed you; it is He Who has made the ships subject to you, that they may sail through the sea by His command; and the rivers (also) He has made subject to you. And He gives you of all that you ask for, but if you count the favors of God, never will you be able to count them. Surely, man is given up to injustice and ingratitude." (Quran 14:32-34)
The God-given status of humanity forms the basis of the principle of human dignity in Islam, whether the person is Muslim or non-Muslim. Islam emphasizes the origin of all humanity is one; therefore all human beings have certain rights over one another. God says:
"O mankind! We created you from a single (pair) of a male and female, and made you into nations and tribes, that you may know each other (and not hate one another). Surely, the most honored of you in the sight of God is (he who) is the most righteous of you. And God has full knowledge and is well acquainted (with all things)." (Quran 49:13)
The Messenger of God declared in his farewell sermon, addressing the largest gathering in Arab history till that point:
"People, hear that your Lord is One, and that your father is one. You must know that no Arab has superiority over a non-Arab, no non-Arab has superiority over an Arab, or a red man over a black man, or a black man over a red, except in terms of what each person has of piety. Have I delivered the message?"[1]
An example of the preservation of the human dignity of non-Muslims is the right that their feelings be respected, for example, that they are shown good manners in speech and debate in obedience to the divine command:
"And dispute you not with the People of the Scripture, except in the best way, unless it be with those who do wrong, but say, ‘We believe in the revelation which has come down to us and in that which came down to you; our God and your God is One; and it is to Him we submit (in Islam).’" (Quran 21:46)
Non-Muslims have the right not to have their religious beliefs mocked. It may not be an exaggeration to state that no other religion or sect in the world is as fair as Islam to people of other faiths. For example, let us look at a verse from the Quran:
"Say, ‘Who gives you sustenance from the heavens and the earth?’ Say, ‘It is God; and it is certain that either we or you are on the right guidance or in manifest error.’" (Quran 34:24)
The verse ends with what Arabs linguists call a rhetorical question whose answer is common knowledge to the intended audience. The verse blends certainty with doubt: Muslims following guidance and the error of the unbelievers is presented as something doubtful. In doing so, God emphasizes the truth by allowing the reader to draw his own conclusion. God does not state in this verse who is following guidance and who is not. The verse treats the fictitious "opponent" with justice by presenting the argument and allowing the listener to judge. Az-Zamakhshiri, a classical linguist and exegete of the Quran, elaborates this point:
‘This is equitable speech: whoever hears it, supporter or opponent, will tell the person to whom the speech is directed that the speaker has treated him justly. It draws the listener to the inevitable conclusion, after the argument has been presented, that there is no doubt about who is following guidance and who is in error. Suggestion of the facts, as if the question were a conundrum, provides a more cogent proof of the truth, the opponent being gently disarmed, without resort to heated quarrelling.’[2]
An example of the style employed by the Quran would be someone saying in a debate, ‘God knows who is telling the truth and who is a liar.’[3]
God has also forbidden Muslims from speaking ill of the gods and deities worshipped by non-Muslims so that they do not speak ill of the One, True God. It will be difficult to find a similar example in any scripture of the major world religions. If the polytheists were to hear Muslims speak ill of their gods, it might lead them to speak ill of Allah (the personal and proper Name of God). Also, if Muslims were to speak ill of pagan gods, it might instigate the polytheists to soothe their wounded feelings by hurting the feelings of Muslims. Such a scenario is against human dignity of both sides and would lead to mutual rejection and hatred. God says in the Quran:
"Do not revile those whom they call upon besides God, lest they revile God out of spite in their ignorance. Thus, We have made alluring to each people its own doings. In the end will they return to their Lord and He shall then tell them the truth of what they did." (Quran 6:108)
Another example of how Islam gives regard to human dignity in the following example. A famous story illustrates the degree to which the caliphs of early Islam protected the dignity of non-Muslims. Amr ibn al-As was the governor of Egypt. One of his sons beat up a Coptic Christian with a whip, saying, ‘I am the son of a nobleman!" The Copt went to Umar ibn al-Khattab, the Muslim caliph who resided in the city of Medina, and lodged a complaint. These are the details as related by Anas ibn Malik, the personal servant of the Prophet in his lifetime:
"We were sitting with Umar ibn al-Khattab when an Egyptian came in and said, ‘Commander of the Faithful, I come to you as a refugee.’ So, Umar asked him about his problem and he answered, Amr had a custom of letting his horses run free in Egypt. One day, I came by riding my mare. When I passed by a group of people, they looked at me. Muhammad, the son of Amr got up and came to me, saying, ‘I swear by the Lord of the Kaaba, this is my mare!’ I responded, ‘I swear by the Lord of the Kaaba, the mare is mine!’ He came up to me and began beating me with a whip, saying, ‘You may take her, because I am the son of a nobleman (meaning I am more generous than you).’ The incident got to Amr, who feared that I might come to you, so he put me in jail. I escaped, and here I am before you."
Anas continued:
"I swear by God, the only response Umar made was to tell the Egyptian to take a seat. Then, Umar wrote a letter to Amr, saying, ‘When this letter reaches you, come and bring me your son, Muhammad.’ Then he told the Egyptian to stay in Medina until he was told Amr has arrived. When Amr received the note, he called his son and asked him, ‘Did you commit a crime?’ His son stated he has not. Amr asked, ‘Then why is Umar writing about you?’ They both went to Umar."
Anas narrates the incident further:
"I swear by God, we were sitting with Umar, and Amr arrived wearing the clothes of common people. Umar looked around for the son, and saw him standing behind his father (to appear less conspicuous). Umar asked, ‘Where is the Egyptian?’ and he responded, ‘Here I am!’ Umar told him, ‘Here is the whip. Take it and beat the son of the nobleman.’ So he took it and beat him vigorously, while Umar said over and over, ‘Beat the son of the nobleman.’ We did not let him stop until we were satisfied he had beaten him enough. Then, Umar said, ‘Now you must take it and hit me on my bald head. This all happened to you because of my power over you.’ The Egyptian responded, ‘I am satisfied and my anger has cooled.’ Umar told him, ‘If you had beaten me, I would not have stopped you until you had wished to. And you, Amr, since when have you made the people your slaves? They were born free.’ Amr began to apologize, telling him, ‘I did not know that this is what happened.’ So, Umar said turned back to the Egyptian, telling him, ‘You may go, and be guided. If anything untoward happens to you, write to me.’"[1]
Such was Umar who said when first chosen as Caliph, ‘The weak will be made strong, because I take for them what is their right. And the strong will be made weak because I will take from them what is not rightfully theirs.’ History has recorded him as a just ruler because of his equity towards the oppressed, regardless of their social status, and because of his firmness against the oppressor, regardless of their rank.
‘The value of this story is that it records how people had a sense of their humanity and dignity under the rule of Islam. Even an unjust blow was disapproved and despised. Many incidents of injustice similar to this story occurred at the time of the Byzantine Empire, but nobody moved to rectify them. However, under the protection of the Islamic state, we see an example of an oppressed person having the conviction of his dignity and access to his rights so strong that he was willing to undertake the hardship and privation of a trip from Egypt to Medina, because of his trust that he would find someone to listen to his compliant
Islam does not compel people of other faiths to convert. It has given them complete freedom to retain their own faith and not to be forced to embrace Islam. This freedom is documented in both the Quran and the prophetic teachings known as Sunnah. God addresses the Prophet Muhammad in the Quran:
"If it had been your Lord’s will, they would all have believed – all of who are on earth! Will you then compel humankind, against their will, to believe?" (Quran 10:99)
Prophet Muhammad, may the mercy and blessings of God be upon him, would give people a choice between entering Islam and retaining their religion. He would ask them to accept Islam only after making an agreement with them, once they had become residents in the Islamic state and felt secure about their personal safety and property. This allowed them to appreciate the security of the covenant with God and His Prophet. It is precisely for this reason that the non-Muslim citizens are referred to as dhimmis.[1] When the Prophet of God sent a commander of an army or a battalion off to war, the Prophet would command him to be conscious of God in his conduct and to treat his Muslim companions well. Then the Prophet of Mercy would instruct him:
"Set out for battle for the sake of God and fight those who disbelieve in Him. Go into battle, but do not go to extremes, behave treacherously, mutilate their dead, or kill children. When you meet your enemies, the unbelievers, offer them three options, and accept any one of them to which they agree and cease the battle:
(a) Invite them to join Islam. If they agree, then accept this and cease the battle. Then invite them to move from their lands to the Land of the Immigrants (Medina), and inform them that if they do so, they will have the same privileges and obligations as the other migrants. If they refuse to migrate from their lands, inform them that they will have the same status as the nomadic Muslims: that they will be subject to the Law of God which applies to all Muslims, and that they do not have a share in wealth obtained from conquest, unless they participate in the jihad with the Muslims.
(b) If they refuse, then ask them to pay the jizyah,[2] and if they agree, then accept it from them and cease the battle.
(c) If they refuse all this, then seek God’s help and battle with them.’"[3]
These directives of the Prophet were in obedience to what God says in the Quran:
"Let there be no compulsion in religion; truth stands clear from error: whoever rejects false gods and believes in God has grasped the most trustworthy hand-hold that never breaks. And God hears and knows all things." (Quran 2:256)
Edwin Calgary, an American scholar, wrote about this verse, ‘There is a verse in the Quran that is filled with truth and wisdom, and it is known to all Muslims. Everyone else should know it as well; it is the one that says there is no compulsion in religion.’[4]
This verse was revealed concerning some of the residents of Medina. When none of the children of the pagan women of Medina survived infancy, they would make a vow to make the child a Jew or a Christian if he lived. When Islam came to Medina, they had adult children who were Jewish or Christian. The parents tried to compel them to embrace the new religion, so this verse was revealed to prevent them from doing so. The verse and the history of its revelation reveals that it is not permissible to force anyone to become a Muslim. This is the case even if it is the parent who wants the best for their offspring, and their children become members of another religion. The Quran rejects forcing anyone to join Islam.[5] God says in the Quran:
"Say, ‘The truth is from your Lord,’ let him who will, believe and let him who will, reject, it. For the wrongdoers We have prepared a Fire whose (smoke and flames are) like the wall and roof of a tent, will hem them in: if they implore relief they will be granted water like molten brass that will scald their faces. How dreadful the drink! How uncomfortable a couch to recline on!" (Quran 18:29)
Not only does Islam give the freedom of religious freedom to non-Muslims, its tolerant law extends to the preservation of their places of worship.[6] God says in the Quran:
"(They are) those who have been evicted from their homes without right — only because they say, ‘Our Lord is God.’ And was it not that God checks the people, some by means of others, there would have been demolished monasteries, churches, synagogues, and mosques in which the name of God is much mentioned (praised). And God will surely support those who support Him (meaning His cause). Indeed, God is Powerful and Exalted in Might." (Quran 22:40)
The Muslim caliphs used to order their military leaders who went on military campaigns to take steps to guarantee this matter. The first example is the command of Abu Bakr to Usamah ibn Zayd:
‘I command you to do ten things: kill no woman, no child, nor an elderly person; do not cut down fruit trees, or vandalize homes, or wound a sheep or camel except if you must eat it; do not drown a palm tree, or burn it, do not be treacherous; do not be cowardly; and you will pass by people who have devoted themselves to monastery life; leave them alone to their devotions.’[7]
The second example is the treaty of Umar ibn al-Khattab with the people of Iliya of Jerusalem:
‘This is the security given by the slave of God, Umar, the Commander of the Faithful, to the people of Iliya: they are guaranteed the security if their persons, possessions, churches, crucifixes, and everyone within, whether sick or in good health, as well as everyone in their community. Their churches will not be occupied or demolished, nor will anything be taken from them: neither furnishings nor crucifixes or money. They will not be forced away from their religion, or harmed because of it. They will not be occupied by the Jewish settlers in Iliya.’[8]
As a result, since the era of the rightly-guided caliphs, Jews and Christians have held their services in freedom and security.
