Rules on How to Interact with Non-Muslims
Terminology used in this Book 1. Rubb: Some prefer to translate the term 'Rubb' into 'Lord.' Beside the fact that the latter is a Biblical term referring to the alleged lordship of the slave of Allah, Prophet Jesus, the word ‘lord’ which is limited to ‘master', 'chief', ‘proprietor’, or 'ruler', can never convey the conclusive signification of the term 'Rubb'. Among other signification, the term 'Rubb' means, the Creator, the Fashioner, the Provider, the One upon Whom all creatures depend for their means of subsistence, and the One Who gives life and causes death. 2. Deen: The word translated as religion is 'Deen', which in Arabic commonly refers to a way of life, which is both private and public. It is an inclusive term meaning: acts of worship, political practice, and a detailed code of conduct, including hygiene or etiquette matters. 3. [] Sal'lal'laaho a'laihi wa sal'lam. Some translate it as peace be upon him. This translation is incorrect; the correct translation is, may Allah exalt his mention, and render him and his household safe and secure from every derogatory thing. 4. [] Radi Allahu anhu. This means: ‘with whom Allah is pleased.’ It is said when the Companions name’s are mentioned.
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I begin with the name of Allah, the Most Merciful, the Beneficent All praise is due to Allah, Rubb of the worlds, and may Allah exalt the mention of his Prophet, Muhammad, and render him and his household and companions safe from every derogatory thing. The aim of this booklet is to educate new Muslims about laws that pertain to non-Muslims in matters of Aqeedah (creed) and Fiqh (Jurisprudential Law) and the stance one should acquire from them, and how he should interact with non-Muslims in his country, and other related issues. I have written this in response to the request of the brothers from Sulai Da’wah Office in Riyadh who felt it was important to clarify these rulings to new Muslims in a concise and inclusive way. Who is a Non-Muslim? He is the one who disbelieves in the Message of our Prophet Muhammad or does not believe in a pillar of the Deen or something known by necessity therein. Legally, they are called: ‘Kaafir’.
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Types of non-Muslims First Type: A person who is non-Muslim openly and privately. They are known as ‘Obvious Kaafir’. Obvious Kaafirs can be categorized into two categories: First Category: Original Kaafirs. They are the ones who have not accepted Islam previously. This category includes People of the Book, Majians, and others. They have specific rules which vary according to their religions. Second Category: Apostates. They are the ones who accepted Islam, and then apostatized; whether they accepted Islam after the age of puberty or were raised as Muslims or their fathers were Muslims and then later, they apostatized. Second Type: Those who openly show that they are Muslims, when in fact they conceal Kufr (disbelief) in their hearts. They are called hypocrites (munafiq).
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Creedal Rulings 1. Rulings pertinent to the Hereafter. The one who dies as a non-Muslim would be from either of the two types mentioned below: First Type: One who is not charged with religious duties, such as the insane, and child who has not reached the age of puberty. The scholars are at variance regarding their rule in the Hereafter. Some of them stated that Allah would judge them according to His knowledge…for He indeed knows who of them would accept Islam, and who of them would reject it had they been sane or had they reached the age of puberty. This opinion is weak, for Allah only holds the slave accountable for that which he actually did. Some scholars said that they would enter Jannah (Heavenly Abode) and would be treated similarly to insane Muslims and their children.
Other scholars said that they would be tested by Allah similar to the ‘People of Fatrah’ who lived in the period wherein Allah did not send a Prophet1, neither was there a correct Deen. The last two opinions are more correct than the first opinion. Second Type: He has reached the age of puberty, wherewith the duties of Islam would be charged upon him. These non-Muslims are of two categories.
1 This is the period between P .rophet Eesa (Jesus) and Prophet Muhammad .
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First Category: Those who heard about Islam in an appropriate manner, such that they understand it, know its basic beliefs, and laws, and then refuse to accept it. These would enter the Fire and dwell therein forever. Allah says: Surely those who disbelieve from among the followers of the Book and the polytheists shall be in the Fire of Hell, abiding therein; they are the worst of men. (98:6) And He says: And (as for) those who disbelieve, for them is the fire of Hell. Neither will it have a complete killing effect on them so that they die, nor shall its torment be lightened for them. Thus do We requite every disbeliever. (35:36) Second Category: He who has not heard of Islam or it was conveyed to him in an inappropriate manner, such that he could not discern truth from falsehood, nor could he search for the truth. These people are called ‘Ahlul-Fatrah’ (i.e. People of the Period). Allah would test them in the Hereafter, by creating for them what seems to be Fire, which is in fact Jannah. He would ask them to enter it, whoever obeys Him would certainly be a Muslim, and would enter Jannah. Whoever disobeys Him is a disbeliever and would enter Hell-Fire. The proof of this is in the words of Allah :
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And We never punish until We have sent a Messenger (to give warning). (17:15) Even though every Kaafir would dwell in Hell-Fire, their punishments vary according to the level of their disbelief, and enmity towards the Truth. Whoever’s enmity and disbelief is more relentless would be punished more severely. The hypocrites would receive the most severe and painful torment in the Hereafter, due to the severity of their disbelief and their danger upon the Muslims. Allah says: Verily the hypocrites will be in the lowest depth of the Fire; no helper will you find for them. (4:145)
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2. Rulings pertinent to this world 1st Ruling: One must believe that every religion other than the Deen of Islam is Kufr (infidelity) and that only Islam would be accepted in the Hereafter. Allah says: And whoever seeks a Deen other than Islam, it will never be accepted of him, and in the Hereafter he will be one of the losers. (3:85) One must believe that all non-Muslims are Kaafir, no matter what religion they adhere to, and that they are misguided. Allah says: Is he then whose bosom Allah has opened for the acceptance of Islam, so that he possesses a light from his Rubb, like him who is groping in the darkness of disbelief? Woe, then to those whose hearts are hardened against the remembrance of Allah! They are in manifest error. (39:22) Muslims should apply what they can of the rules that are pertinent to non-Muslims. They should firmly believe that if non-Muslims die upon Kufr, while the Message of Islam reached them in an appropriate manner such that the evidence has been established against them, they are certainly from the People of the Fire even if they are People of the Book. The proof of this is in the Hadeeth of Abu Hurairah that the Prophet said:
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‘By the One in whose hands is my life, no one from this Ummah whether Jew or Christian who hears of me and does not believe in what I have been sent with, except that he is from the People of the Fire.’ (Muslim) 2nd Ruling: The incumbency of disowning and disavowing the disbelievers and their nations, and to show enmity to them both openly and privately without differentiating between them. The reason for this is that they have rejected the right of Allah which is to worship Him alone and not associating any partners to Him, and they have rejected the Message of our Prophet . Allah says: There is a good model for you in Ibraheem and those with him, when they said to their people, ‘We have nothing to do with you and with that which you worship beside Allah. We disbelieve all that you believe. There has arisen enmity and hatred between us and you forever, until you believe in Allah alone. (60:4) Allah says: O you who believe! Take not those for friends who make a jest and sport of your religion from among those who were given the Book before you, and the disbelievers. And fear Allah if you are believers. (5:57)
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Allah says: O you who believe! Take not the Jews and the Christians for friends. They are friends one to another. And whoso among you takes them for friends is indeed one of them. Verily, Allah guides not the unjust people. (5:51) Hating and showing enmity to them should be done proportionately according to their disbelief and enmity to Islam. To disavow them means to be displeased with them and their nations and to be displeased with their residing on the falsehood. To hate them denotes hating them from a religious perspective or to love them without reason which would mean loving and being pleased with their disbelief or giving precedence to their love over the love of Allah. As for loving them for a worldly purpose or for a certain reason such as the love a person holds for his father or a husband for his wife or a colleague for his colleague who is well mannered, and the one who is kind for his kindness, there is no sin in this. To show enmity to them means hating them and not taking them as friends by helping them against the Muslims whether physically, monetarily, verbally or otherwise.
3rd Ruling: It is prohibited to imitate any of them in their specific customs such as baptizing children in church, or celebrating their religious holidays, such as Christmas. It
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is also prohibited for a person to imitate them in their manner of dress, and appearance and holding festivals similar to their festivals such as birthdays, and wedding anniversaries. Allah says: Say, O People of the Book! Exceed not the limits in the matter of your religion unjustly, nor follow the evil inclinations of a people who went astray before and caused many to go astray, and who have strayed away from the Right Path. (5:77) Allah also says: O you who believe! Be not like those who have disbelieved... (3:156) The Prophet said: ‘Whoever imitates a people he is from them. (Abu Dawood)
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Rulings Pertinent to Non-Muslims in Matters of Fiqh (Islamic Jurisprudence) 1st Category: Rules that are pertinent to non-Muslims in acts of worship: All acts of worship are subject to a general rule …acts of worship would not be accepted from a non-Muslim. Allah says: And nothing has deprived them of the acceptance of their contributions save that they disbelieve in Allah and His Messenger. And they come not to Prayer except lazily and they make no contribution save reluctantly. (9:54) Islam is the main condition for the acceptance of acts of worship…even though this is a prerequisite for the acceptance of good deeds, they are charged with the acts of worship, and would be punished for not doing them. Allah says: What has brought you into the Fire of Hell? They will say, ‘We were not of those who offered prayers, nor did we feed the poor. (74:42-44) Therefore, the first thing a Muslim should call a Kaafir to, is to enter the folds of Islam, which is accomplished by uttering the two Testimonies of Faith. This is what the Prophet advised Mu’aadth with when he sent him to Yemen. He said:
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‘You will be approaching People of the Book, so let the first thing you call them to be the Testimony, that there is no true god worthy of worship except Allah alone, and that Muhammad is the last Messenger…’(Agreed Upon)
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Rules that are pertinent to non-Muslims in Taharah (cleanliness) and Salah (prayers): First of All: Allah says: O you who believe! Surely, the idolaters are unclean. (9:28)
The preponderant opinion is that the meaning of ‘filth’ in this verse refers to spiritual filth which is acquired through disbelief in Allah, and not the actual filth. That is why it is lawful for a Muslim to marry women from the People of the Book who are Muhsanah2, and for men to shake the hands of their men if they greet us. It is also lawful to wear clothes that they have tailored, and even those that they have worn, as long as no filth has touched it, similar to the clothes of Muslims. Second of All: Using Non-Muslims’ utensils. These utensils can be categorized into two categories. First: Utensils which are made from unlawful material, such as dog or pig skin, or utensils made from gold or silver, or it is stolen or taken by force…it is not lawful to use these things. Had these items (made from such things and acquired in similar way) belonged to Muslims they would be unlawful to use as well, so by right, things that belong to non-Muslims are unlawful to use as well.
2 i.e. a chaste woman who has not committed fornication nor does she approve of it.
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Second: Utensils which are made from pure material such as rock, wood, other metals or glass. If a Muslim buys these things when new, using them is lawful. The ruling varies if non-Muslims use these items to cook, eat and drink from them. a. If it is considered that they do not use these utensils for unlawful drinks and food, then it is lawful to use directly without washing them. Jabir b. Abdullah said: ‘We would accompany the Messenger of Allah and acquire utensils of the polytheists, and we would use them, and he would not blame us for that.’ (Ahmed & Abu Dawood) b. If it is considered that they use these utensils to cook their meats and drink their unlawful beverages and a Muslim can get utensils besides these ones, then it is unlawful for him to use them. If he cannot find any other utensils, then he should purify them to remove the traces of filth, after that he can use them. The proof of this is in the Hadeeth of Abu Tha’labah al-Khushani that he said: ‘O Messenger of Allah we live in a land of the (in which majority of people are) People of the Book…should we eat from their utensils? The Messenger of Allah said: ‘If you find other utensils then do not eat from their utensils. But if you cannot find any other utensils then wash them and use them.’ (Bukhari)
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c. If a person is doubtful, he should wash the utensils. According to the above, it is lawful to perform prayers using their clothing and carpet which are pure and lawful. Third: When a person accepts Islam he should take a bath as in the Hadeeth of Qais b. Aa’sim. When he accepted Islam Prophet ordered him to take a bath with water and Sidr (leaves from Lote tree).’ (Ahmed, Nasa’ee, Tirmidthi, Abu Dawood) A Muslim can force his Christian or Jewess wife to bathe after she becomes pure from her menstruation and post-natal bleeding, and to cleanse herself from urine in observance of his complete rights, even though she should take a bath in any case. Fourth: When a person enters the folds of Islam, he should be circumcised even if he is elderly, except if he fears that he would die or become terminally ill. In this case, it is not compulsory to circumcise in order to protect his body and self. Circumcision is a Sunnah which the Messengers adhered to. Ibraheem circumcised himself when he was 80 years old.
Fifth: It is not lawful to perform prayers in temples or places of worship which do not belong to Muslims, such as churches, synagogues, and Houses of Fire. It is only lawful to perform prayers in these places in dire situations, such that a Muslim cannot find any other place to pray, such that he is held captive therein. If he can remove the pictures and statues in front of him he should
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do so. Otherwise, he should pray in the side of the temple where the fire or statues are not in front of him. Sixth: It is not lawful for non-Muslims to enter the Masjid al-Haraam (in Makkah) at all, even if they are given permission by Muslims or due to a dire need or to bring their hearts closer to Islam.
As for other Masajid3, the scholars are at variance regarding it. The preponderant opinion is that it is lawful for them to enter the Masjid for a dire need. The proof of this; the Kuf’faar4 (non-Muslims) would enter the Masjid of the Prophet in Madinah, and he did not prevent them from entering it. He even held Thumaamah b. Uthaal captive in his Masjid before he accepted Islam. Seventh: It is not lawful for a Muslim to give a Mushaf (Qur’an) sell it, or bequeath it or give it as collateral to a Kaafir, for they would possibly disrespect the Mushaf, and it is unlawful for them to touch it. Allah says: O you who believe! Surely, the idolaters are unclean. (9:28)
It is lawful to give them a translation of the meanings of the Qur’an if it is hoped that they would accept Islam. But, if it is feared that they would disrespect it or use it to
3 Plural of Masjid (i.e. the prayer place of the Muslims). 4 Plural of Kaafir.
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attack Muslims and increase their enmity against them,
then it is unlawful to give a copy to them.
Eighth: It is not lawful for a Muslim to perform prayers
in a place where non-Muslims perform prayers such as a
Church. Likewise, it is not lawful for a Muslim to
perform acts of worship at the times they do their acts of
worship, such as the time when the sun rises a spear’s
length in the sky, except if a specific proof specifies the
legality of acts of worship during that time such as
Jinaazah (Funeral) prayer. It is lawful to perform it
before sunset and sunrise.
Ninth: It is lawful for a Muslim to visit a non-Muslim if he falls sick. The Prophet visited his Jewish neighbor. He can ask Allah to cure him, but should not supplicate Allah to grant him reward and forgive him. It is also lawful for a Muslim doctor to tend to him, and try his best in that…he may even recite Qur’an upon him, as is mentioned in the Hadeeth of Abu Sa’eed al-Khudri which is agreed upon. Likewise, in the story of the Companion who recited Surah al-Fatihah to cure the chief of the tribe who was bitten by a scorpion. The Prophet thereafter approved of his action.4F5
Some scholars even mentioned that it is lawful to offer condolences to a non-Muslim if a relative of his passed away. He should say in his condolence to them, if the deceased is a non-Muslim, ‘May Allah replace you with better’ because they are not among those who deserve
5 Muslim
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reward and mercy. He should in any case seek to bring their hearts closer to Islam. A Muslim may also visit a non-Muslim’s grave to heed. He should not greet the dead, nor supplicate Allah for them, or seek forgiveness for them. The proof of this is in the Hadeeth of Abu Hurairah , in which the Prophet said: ‘I sought permission from my Rubb to ask forgiveness for my mother, and He did not grant it to me. I then sought permission to visit her grave, and He allowed me (to visit her grave.)’ (Bukhari) It is not allowed for a Muslim to wash a non-Muslim’s body, or shroud him because the Messenger of Allah tossed the bodies of the polytheists in the well at Badr without washing or shrouding them. Allah says: And never pray for any of them that die, nor stand by his grave; for they disbelieved in Allah and his Messenger and died while they were disobedient. (9:84) It is not allowed to supplicate Allah to grant them mercy and forgiveness. Allah says: It is not befitting for the Prophet and those who believe that they should ask Allah forgiveness for the idolaters, even though they may be kinsmen, after it has become plain to them that they are the people of Hell. (9:113)
It is not lawful for a Muslim to take charge of burial procedures for a non-Muslim. If the non-Muslim has no
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relative to bury him…a Muslim may bury the body in order to prevent people from being harmed by its stench. It is also unlawful for a Muslim to walk in the burial procession, carry it, or to attend the burial itself. Allah says: nor stand by his grave. (9:84) It is not lawful for them to be buried in Muslim cemeteries. Rather, he should be buried in non-Muslim graveyard, for the Prophet did this, and the scholars have unanimously agreed on this.
If a woman from the People of the Book has passed away, while her husband is a Muslim and she is pregnant and the fetus is three months old, she should be buried in a Muslim cemetery. Her back should be faced to the Qiblah6 so that the fetus would face the Qiblah. The reason for this is that the fetus is a Muslim, because its father is a Muslim, and it is unlawful to bury a Muslim in a non-Muslim cemetery, so in observance of its right, the mother is buried in a Muslim cemetery.
6 The direction a Muslim faces in prayers, which is the Ka’bah in Makkah.
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Rules that are pertinent to non-Muslims in Zakah (Poor-due):
First of all: It is unlawful to give Zakah of one’s wealth or that of Fitr7 to non-Muslims. The Prophet said to Mu’aadth when he sent him to Yemen: ‘Inform them that Allah has prescribed upon them Sadaqah (charity) –which is the Zakat- which is to be taken from their rich and given to their poor.’ (Agreed Upon) In this Hadeeth the rich and poor refers to Muslims. Zakah may be given to non-Muslims if their conversion to Islam is imminent, or to those from whom goodness is hoped for when they are given or their evil is kept away from Muslims. Allah says: And those whose hearts are to be reconciled. (9:60) Second of all: It is lawful for a Muslim to give charity to a non-Muslim as long as he is not a Harbi (non-Muslim who held arms against Muslims). Likewise, he may bequeath him a portion of his wealth, and give gifts to him. He may be generous to him, and reward him for the good that he does, for this is from the Birr (goodness) which a Muslim may offer to them. Allah says:
7 Zakat al-Fitr, this is a kind of Zakah that is due at the end of the month of Ramadhan. It is incumbent on every Muslim who owns an excess of food over his family's need. It must be given out in food, such as barley, wheat, dates, rice, etc.
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Allah forbids you not, respecting those who have not fought against you on account of your religion, and who have not driven you forth from your homes, that you be kind to them and act equitably towards them; surely Allah loves those who are equitable. (60:8) The Prophet said: ‘One would receive reward for showing kindness to every living thing.’ (Agreed Upon) Asmaa bint Abi Bakr said that her mother -who was a polytheist- visited her, and Asmaa sought the permission of the Messenger of Allah to give charity to her mother, and he allowed her. Umar gave his polytheist brother a silk garment. Nevertheless, it is unlawful to give an unbeliever a gift if the occasion is inappropriate, such as giving a gift to them during their religious functions. It is lawful for a Muslim to accept the gift of an unbeliever as long as it is lawful. The Prophet accepted the gift of al-Moqoqas and he was an unbeliever.
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Rules that are pertinent to Non-Muslims in Jihad First of all: Non-Muslims can be categorized into two categories concerning legality of fighting them or not. First Category: Fighters: They are those with whom no treaty, agreement or truce exists between them and Muslims. It is appropriate to fight them according to capability. In some cases fighting them may be deemed Fard Ain (Individual Duty); this is the case when they invade a Muslim country to colonize it, and kill the Muslims and take their wealth. In this circumstance, it is a must for every able Muslim within that country to fight them. If they are in need of their brother’s help from other countries then all Muslims should help and support them with men, money and weapons until they are strong enough to face them. Allah says: But if they seek your help in the matter of religion, then it is your duty to help them. (8:72) Fighting them may even be classified as Fard Kifayah (collective duty) if there are enough Muslims; in this case it is not compulsory upon other Muslims. This is the case when the unbelievers prevent their peoples from learning out about Islam and accepting it. If the Muslims are strong, it is a must upon a sufficient number to fight them. Allah says:
And fight them until there is no persecution, and religion is freely professed for Allah. But if they
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desist, then remember that no hostility is allowed except against the aggressors. (2:193)
Thereafter, fighting unbelievers in this case is praiseworthy upon other Muslims. It is unlawful for Muslims to initiate fighting them, until they call them to accept Islam. If they refuse, they should call them to accept a truce and pay Jizyah8 to non-Muslims. If they refuse, it is lawful to fight them. Second Category: Civilians: These are people between them and Muslims are a peace accord or treaty, and they have not done anything to rescind it. This category includes three types of people: a. Ahludth-Dhim’mah: They are the unbelievers who reside in Muslim countries and are pleased with the laws of Islam concerning them. They pay Jizyah and abide by the laws pertaining to them. Majority of the scholars are agreed that this status can only be given to Jews, Christians and Majians. Any other unbeliever would have to accept Islam or be killed. Other scholars are of the opinion that any unbeliever living in Muslim lands is given this status, and this is the preponderant opinion. The proof of this are the words of Allah : There should be no compulsion in Deen. (2:256)
8 It is a head tax imposed on all non-Muslims living under the protection of an Islamic government.
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b. Mu’aahid: They are the unbelievers who reside in non-Muslim countries between whom there is a treaty and peace accord. c. Mos’ta’man: They are citizens of non-Muslim countries which are at war with Muslims and the Imam or other Muslims have allowed them to take asylum in Muslim countries whether they are People of the Book or other unbelievers. There is only one rule regarding them …their lives and properties are to be safeguarded, it is unlawful to shed their blood, and take their property. Allah says: Fight those from among the People of the Book who believe not in Allah, nor in the Last Day, nor hold as unlawful what Allah and His Messenger have declared to be unlawful, nor follow the true Deen, until they pay the tax with their own hand and acknowledge their subjection. (9:29) And He says: And if anyone of the idolaters asks protection of you, grant him protection so that he may hear the word of Allah; then convey him to his place of security. That is because they are a people who have no knowledge. (9:6)
It is praiseworthy to be kind and just to them, to bring them closer to Islam. It is a must that Muslims preserve their lives and properties, as long as they are under the protection of Muslims, from anyone who wants to harm
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them, regardless if the transgressor is a Muslim or non-Muslim. The proof of this is in the words of Ali : They have paid the Jizyah so their wealth must be treated similar to our wealth, and their lives to be valued as our lives. It is a must that the Muslims ransom the captives of the people of Dhimmah with money, for this is part of the pledge of safeguarding them. Whenever Muslims fear the Mu’aahid or Musta’min would breach the treaty, it is lawful to annul the treaty and inform them of that and then fight them. Allah says: So if you catch them in war, then by routing them strike fear in those that are behind them, that they may be admonished. (8:58)
Whenever they breach the treaty it is lawful to wage war against them, and it is not a must to annul the treaty, for the betrayal was on their part. The Prophet fought the infidels of Quraish without informing them that the treaty was annulled, when they betrayed and breached it. This took place during the year of the Conquest of Makkah. As for the people of Dhim’mah their treaty should not be annulled until they actually do something which necessitates that; for they are subject to the rules of Islam. Furthermore, the damage that would be caused from their annulment of the treaty is less harmful. If they breach the treaty then those who breached it alone would
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be punished and it is lawful for the Muslims to shed their blood and take their wealth as a penalty for the annulment of the treaty. The treaty is breached when they break one of its conditions agreed on. For example if they swear at Allah, or His Messenger or the Deen of Allah or make fun of something therein, or fornicate with a Muslim woman, or help the infidels against the Muslims, or spy against them or the like. As for the apostates who apostatize from Islam, if their infidelity has been affirmed, they would be given the choice to return to Islam within three days…if they return to Islam it would be accepted from them, otherwise, they would be given the rule of apostates and killed.
As for hypocrites whose hypocrisy relates to their belief9 they are treated as Muslims, but whoever openly declares his hypocrisy would be treated like an apostate.
9 Hypocrisy is of two types; Creedal Hypocrisy. The one who upholds it displays Islam and conceals infidelity. This type condemns those who uphold it to the lowest level of Hell-Fire. The second type is Practical Hypocrisy, which is possessing a trait of the hypocrites while retaining Iman in his heart. A person who upholds it combines both Iman and hypocrisy. The traits of the hypocrites is mentioned in the following Hadeeth: The Prophet said: ‘Four traits, whoever possesses them is a sheer hypocrite. And whoever possesses one of them would possess a trait of hypocrisy until he relinquishes it. When he is entrusted, he betrays the trust, and when he speaks, he lies, and when he enters into a treaty he behaves treacherously, and when he disputes with others he behaves immorally.’ (Bukhari)
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Second of all: When Muslims fight non-Muslims for a valid reason, the warfare has certain rules which the Muslims should abide by, the most important of which are: 1. Not killing women, children, elderly or monks who are in their places of worship, as long as they do not take part in the battle, then they are to be killed like the rest. 2. Not to mutilate the dead or burn their bodies, except in retaliation to what they have done. Allah says: And the recompense of an injury is an injury the like thereof; but whoso forgives and his act brings about reformation, his rewards is with Allah. Surely, He loves not the wrongdoers. (42:40) 3. Being faithful to the treaty and not being treacherous. The Hadeeth of Buraidah clearly exemplifies the conduct one should uphold. The Prophet said: ‘Fight in the path of Allah, and do not go into excess. Do not breach the trust nor mutilate or kill a newborn.’ (Muslim) In the Hadeeth of Ibn Umar the Prophet saw a woman who was killed during one of the battles and he forbade killing woman and children. (Agreed Upon) Third of all: It is a must upon Muslims to migrate from the land of the infidels to the land of Islam under the following conditions:
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a. If a Muslim cannot openly practice the rites of his Deen in the land of Kufr, or he is fearful that he, his family or wealth would be subject to trials and tribulations.
b. If a Muslim can afford the journey to the land of Islam and also the costs of Hijrah (migration).
c. Accessibility to a Muslim country where he can live legitimately, and he can also openly practice the rites of his Deen.
If one of the previous conditions are not present then Hijrah is not compulsory on him, rather it is praiseworthy or lawful. Fourth of all: The rule of living in a Kaafir country differs according to one’s association with that country. a. If he is a legitimate citizen of the Kaafir country, and he holds that country’s citizenship, it is lawful for him to stay in that country if one of the previously mentioned conditions is not met (mentioned in the previous point). b. If he is not a citizen of that country…rather he wants to live in it while leaving a Muslim country. It is not lawful in its original state. The Prophet said: ‘I am innocent of a Muslim who lives among the infidels…their two fires should not be visible to each other.’ (Abu Dawood) A Muslim’s creed and mannerisms might be affected due to the danger of living in a Kaafir country which no sane man can deny.
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It is lawful to stay in a Kaafir country under the following circumstances: a. There is a valid reason to stay, such as the necessity of an appropriate Hijrah…If a Muslim fears for his Deen, life, wealth, honor, his children, and he cannot find any Muslim country to flee to…and the Kaafir country receives him, and he is safe and secure therein. Another valid reason is when a person goes there to receive medical attention, business relations or for further education, while these services are not found within Muslim countries…or he goes officially to represent a Muslim country. b. If a person goes with the intention of temporary stay…staying there permanently means that a person is migrating from the lands of Islam to the lands of Kufr and this is in direct conflict with the Shari’ah, which states the incumbency of migrating from the lands of Kufr to the lands of Islam. c. The non-Muslim country which one wants to stay in is not at war with Muslims.
d. Freedom of religious practice in the land of Kufr, and sense of safety and security in that country, and a person can safeguard himself and his family from tribulations, and he can learn, teach and practice his Deen. Furthermore, he can practice the rites of his Deen
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openly…for this is more important than safeguarding one’s self and wealth. e. A Muslim should remain faithful to Islam and his brothers…he should not favor his relation to the Kaafirs over his Muslim brothers. If these conditions are prevalent, it is lawful for a Muslim to reside in a Kaafir country and acquire a residency permit therein. It is also lawful for him to take the citizenship of that country if he cannot reside in that country otherwise. Fifth of all: Fighting with non-Muslims differ according to those who are being fought. First: a. If Muslims are fought, whether they are individuals, groups or countries, and the non-Muslims initiated the war against them, then it is not lawful to fight with the non-Muslims as this is considered as befriending the Kaafir, which would cause one to exit the folds of Islam. It is a must upon Muslims to support the Muslims against them, or it is praiseworthy according to ones capability and condition. If the Muslims are the ones who initiate the war, and they were not oppressive in doing so, it is not lawful to fight alongside the non-Muslims…for it is not lawful to fight Muslims under any circumstance. Furthermore, it is not lawful for him to fight against the Kaafirs if there is a treaty between them. Allah says:
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