But if they seek your help in the matter of religion, then it is your duty to help them, except against a people between whom and yourselves there is a treaty. And Allah sees what you do. (8:72) If there is no treaty between Muslims and non-Muslims, it is appropriate for him to fight the Kaafirs alongside the Muslims. It may be incumbent upon him or praiseworthy according to his capability and situation. If the Muslims were the ones who started the aggression and he was able to stop their oppression, then he should do so. Otherwise, he should not fight either side, and it is not lawful for him to help or aide anyone. Second: If those who are fought are non-Muslims…the following circumstances would apply: a. There is a treaty between him and the side that is being fought. In this case it is not lawful to fight them, even if they had oppressed the others, for he must abide by the treaty. b. If there is no treaty between him and those being fought, and the war was waged wrongfully by the Kaafirs…it is not lawful for him to fight them, even if he has pledged to help them, since it is not lawful to support and aide the wrongdoers, even if they are Muslims! Therefore, by right it is not lawful to do so when they are Kaafir.
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If the oppression is from the opposing party of Kaafirs, he should fight with them against them if he has agreed to do so, for it is incumbent to fulfill treaties, and it is lawful if the Muslims would benefit…and it is unlawful if there is no benefit to be gained nor is there a treaty between him and the Kaafirs. It is not lawful to fight unless in the case of fulfilling vows and treaties or to benefit the Deen, or Muslims, and this is not the case here. Sixth of all: It is lawful for a Muslim to work in public offices and in the parliament under three conditions: a. The work that a person does there is lawful; for it is not lawful for a Muslim to work in unlawful fields in a Muslim country, so to do so in a non-Muslim country, by right is unlawful as well…so it is unlawful for a person to work in a wine factory, bank or pub.
b. Muslims would not be harmed by this work. It is lawful to work for a non-Muslim as long as that work would not harm him or his Deen or the Muslims such as working as a spy against Muslims whether they are individuals or governments, or working on weapons development for the non-Muslims…except if the Muslim studies in this field to gain experience to benefit the Muslims. Similarly it is unlawful to learn how to wage war ‘electronically’ against Islamic websites, and to learn the basics of warfare to harm the Muslims. If he would be able to benefit Muslims with this knowledge or position it would be lawful, such as being appointed as a
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minister over religious affairs, or in charge of migration or a member of municipal affairs. He would be able to benefit Muslims through his position in this case.
c. That the position he has maintained does not require of him to do things which conflict with the Shari’ah, whether it be a thing which pertains to Aqeedah (creedal issues) such as taking part in polytheistic celebrations; or they pertain to acts of worship such as not performing prayer in the Masjid under the pretext of not being tolerant of other religions…whether or not they pertain to transactions such as approving of usury based transactions or in the field of mannerisms such as forcing Muslim women to remove their hijaab10 during work. Seventh of all: Taking part in elections is lawful whether or not these elections are federal, municipal or local. It may even be compulsory upon Muslims to take part, whenever a benefit is sought from these elections or an evil would be waived. This is considered from ordering with the good and forbidding evil. Eighth of all: To abide by the laws of non-Muslim countries…this differs according to the type of law.
a. If the law does not conflict with Shari’ah, such as the laws that relate to traffic order, issuing permits, respecting the rights of others and their properties, a
10 Hijab is the women’s head cover.
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Muslim must abide by these, for he resides in a country, and he must abide by these things. Allah says: O you who believe! Fulfill your compacts. (5:1) b. They conflict with the laws of Shari’ah…if he can avoid them, such as unlawful transactions, he should avoid them…he would not be harmed for the fact that they are present in his community. Allah says: O you who believe! Be heedful of your own selves. He who goes astray cannot harm you when you yourselves are rightly guided. (5:105) If he cannot avoid these things…he should look at the reason that brought him to the Kaafir country. If he chose to move to the Kaafir country, then it is not lawful for him to remain there…and he must migrate from it. If he is forced and has no other way, he should fear Allah as much he can and avoid these transactions. Thereafter, whatever he falls into would be considered a necessity, and dire needs legalize unlawful things. Ninth of all: The scholars are at variance regarding seeking the help of Kaafirs in Jihad. Majority of the people of knowledge stated that it is not lawful. Their proof is the Hadeeth of A’ishah in which a polytheist said to the Prophet : ‘I want to fight with you and get the booty.’ The Prophet said to him: ‘Do you believe in Allah and His Messenger?’ He said: ‘No’ so the Prophet said to him: ‘Go back, for I will not use the help of a polytheist.’ (Muslim)
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In another Hadeeth narrated by Ahmed11 the Prophet said: ‘We do not seek the help of polytheists against polytheists.’ Other scholars stated that it was lawful for Muslims to seek the help of polytheists in this regard under three conditions:
a. The necessity of seeking help from others.
b. The one whom Muslims seek help from are not a people of treachery, such that they would not betray the Muslims or spy on them.
c. The Muslims are more in number and possess more weapons than those they seek help from. The proof of this is that the Prophet sought the help of Safwaan b. Umay’yah in the Battle of Hunain and he was a polytheist. He borrowed his armor and took him along with him.
11 i.e. Imam Ahmed b. Hanbal, may Allah have mercy on him. He was a great scholar and compiler of Hadeeth.
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Rules that are Pertinent to Non-Muslims in Money Transactions First of all: It is lawful for Muslims to do business with non-Muslims, such as bartering, and all other transactions. The laws applicable to Muslims in this regard are also applicable to non-Muslims as well. Second of all: It is lawful for a Muslim to open a company with Dhimmi, Mu’aahd or Mosta’min as a business partner…under the condition that the Muslim can ensure that Shari’ah is upheld, and that all dealings are done accordingly. He should not allow his non-Muslim partner to use the money as he wishes unless close supervision is maintained, so that he would not use the money in an unlawful manner. Third of all: It is not lawful for a Muslim to engage in un- Islamic transactions such as usury and gambling. Nor should he deal with him in unlawful things such as drugs and the like, for this would lead to spreading evil on earth, and Allah does not like evil.
Fourth of all: People of knowledge have differed whether it is lawful for a Muslim to overbid after the sale has been concluded to a non-Muslim, such that the non-Muslim and the seller have agreed on a certain price, and before taking the money, someone offers a higher price. They also differed regarding the case where an individual
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sells an item at a bargain to a certain individual; thereafter another seller comes and agrees with the seller to buy it.
The preponderant opinion is that it is lawful regardless if the non-Muslim is a Dhimmi or otherwise; for the original state in this is that it is lawful. The prohibition mentioned12 relates to Muslims overbidding and outselling their brothers…A Kaafir cannot be considered a brother to a Muslim, since the meaning of brotherhood in this instance is the brotherhood of Islam. Fifth of all: It is lawful to loan a non-Muslim and to take loans from them. It has been authentically affirmed that the Companions during the Prophet’s life used to take loans from the Jews in Madinah and the Prophet agreed with them…In order for this to be correct, the following conditions are to be met:
a. The loan is usury free.
b. The Muslims would not be harmed by this.
c. The Muslim would most likely retrieve his loan, if the Muslim is the one who is loaning.
Sixth of all: It is lawful for a Muslim to deputize a non-Muslim as long as the following conditions are met:
a. Deputizing a non-Muslim would not be tantamount to giving him authority over a Muslim, such as deputizing a non-Muslim to divorce his wife on his
12 Abu Hurairah said that the Messenger of Allah forbade that one should urge somebody to return the goods to his brother so as to sell him his own goods. (Bukhari)
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behalf, or taking care of his children, or to have authority over an Islamic endowment, or to execute his will, or to divide his inheritance, or to appoint him as a judge among Muslims. Allah says: And never will Allah allow those who deny the truth to harm the believers. (4:141) b. He should not deputize him to perform acts of worship on his behalf (wherein deputization is lawful); such as slaughtering a sacrificial animal, to lead prayers, call adthan (call to prayer) or offer the Friday Sermon. These acts of worship are not accepted from a non-Muslim. Allah says: And nothing hinders their spending being accepted from them, except that they disbelieve in Allah and in His Messenger. (9:54) c. A Muslim should not deputize a non-Muslim to do unlawful things on his behalf…such as ratifying a contract of usury, or to do something unlawful such as to buy liquor for him. Also one should not deputize a non-Muslim in things a Muslim can solely do, such as officiating his marriage or buying a Muslim slave.
Seventh of all: It is lawful for a Muslim to borrow things from a non-Muslim and to loan him things, such as books etc, as long as he is not a warring infidel. This is considered from Ihsaan (kindness and generosity) and is lawful to be shown to them. A condition on the item that
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is lent to the non-Muslim must be present, such that it is lawful for a non-Muslim to benefit from it, such as a car, and a computer. On the other hand, if the item is not among those things that are lawful to be lent to non-Muslims, then it is unlawful…such as a Mushaf (Qur'an) and a Muslim slave. Eighth of all: It is lawful for a Muslim to accept the trust-items of non-Muslims, and to entrust them with Muslims trust items. If non-Muslims are given trust items; besides the condition of being non-warring infidels they must be trustworthy, and it is almost certainly thought they would not betray the trust. Ninth of all: It is lawful for a Muslim to accept and exchange gifts with non-Muslims. The Prophet accepted the gift of al-Moqoqas, King of Egypt, which included the slave girl Maariyah, the Coptic. Umar gave his polytheist brother a silk garment, which the Prophet had given him.
Tenth of all: The wealth of non-warring infidels which Islamic law has approved of are considered respectable property which is unlawful to destroy, even if it is among those things a Muslim is not allowed to hoard or keep under his possession like liquor. As for the wealth of the warring infidels, it is lawful for Muslims to destroy it as long as this is a beneficial course of action. Allah approved of the Prophet's actions and that of his
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Companions when they cut down the date-palms of Bani Nadheer during the Battle of Khaibar. Allah says: Whatever palm-tree you cut down or leave standing upon its roots, it is by Allah's command, and that He may abase the transgressors. (59:5) Eleventh of all: The foundling of a non-Muslim has a right on the Muslims who found him…that is, to take care of him in similar manner as the foundling of a Muslim. Allah says: And surely We have honored the children of Adam. (17:70) He is considered a Muslim when he utters the two Shahaadah (Testimonies of Faith) after he reaches the age of discretion, which is usually at seven years.
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Rules that are pertinent to non-Muslims in Inheritance First of all: The preponderant opinion is that a Muslim cannot inherit a non-Muslim even if he is related to him through lineage, marriage, or emancipation. The proof of this is the words of the Prophet : 'A Muslim cannot inherit a Kaafir, and a Kaafir cannot inherit a Muslim.' (Bukhari) Second of all: If non-Muslims ask us to judge between them in matters pertaining to inheritance, we should divide their inheritances and estates according to the laws of Islam. In this circumstance non-Muslims who come to Muslims to settle their disputes in this regard are from one of the following categories:
a. The deceased and the heir adhere to the same religion…in this case; the inheritance is to be divided as it is divided amongst Muslims.
b. The deceased and the heir do not adhere to the same religion. For example, the deceased is a Christian, and the heir is a Jew. The scholars in this matter have differed and hold three opinions:
First Opinion: Non-Muslims who are adherents of different religions do not inherit from each other. The proof of this is the words of the Prophet :
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'No two adherents of different religions would inherit (from each other).' (Ahmed, Abu Dawood, Nasa'ee) Second Opinion: They would inherit from each other regardless of the difference of religion, as long as they reside in countries whose relationship is friendly, for the Kufr is one nation. Allah says: And (as for) those who disbelieve, some of them are the guardians of others. (8:73) Third Opinion: People of the Book would inherit from each other (i.e. Jews and Christians) since they are people who received a Divine Scripture. Non-Muslims who are not from the People of the Book would not inherit from those who are since this common factor is missing. Any of the above three opinions may be put into application since there is no decisive proof to determine the preponderancy of one of these opinions.
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Rules that pertain to non-Muslims in Family Relations:
First of all: It is not lawful for a Muslim to look at a non-Muslim woman unless he is considered her male Mahram13; the proof of this is taken from the generality of the words of Allah: Say to the believing men that they cast down their looks and guard their private parts; that is purer for them; surely Allah is aware of what they do. (24:30) It is not lawful for a Muslim to touch or shake the hand of a non-Muslim woman (or even a Muslim woman), for the Prophet said: 'It is better for a man to have an iron nail stabbed into his head than touch a woman who is not lawful for him.' (Tabraani –authentic as stated by Sheik Al-Albani, may Allah have mercy on him) It is lawful to look at a woman under certain circumstances, such as looking at a woman before marriage, or for a judge or witness, or a doctor. As for a Muslim woman, it is lawful for her to look at a non-Muslim woman and vice versa. Some scholars are of the opinion that a Muslim woman should not display her adornment to a non-Muslim woman.
13 Mahram: a male escort such as a husband, or one of the woman’s male siblings who are not lawful for her to marry.
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Second of all: A non-Muslim has no guardianship over his female relative in terms of marriage. Allah says: And never will Allah allow those who deny the truth to harm the believers. (4:141) Her guardian in this condition is her Muslim relative, and if she has no Muslim relative then the Muslim ruler or his representative such as a judge or head of a Muslim community, would be considered her guardian. If this is not possible then she should deputize a good Muslim as her guardian in this regard. Third of all: It is not lawful for a non-Muslim to marry a Muslim woman…regardless if he is from the People of the Book or not. Allah says: If you find them to be believing women, do not send them back to the unbelievers; neither are these (women) lawful for them, nor are those (men) lawful for them. (60:10) Allah says: And do not give (believing women) in marriage to idolaters until they believe. (2:221) Fourth of all: It is not lawful for a Muslim to marry an infidel who is not from the People of the Book. Allah says: And do not marry idolatresses until they believe. (2:221)
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A Muslim should avoid marrying a woman from the People of the Book, due to the dangers that ensue from it; yet if he wants to marry from them, it is lawful. Allah says: This day (all) the good things are allowed to you; and food of those who have been given the Book is lawful for you and your food is lawful for them; and the chaste from among the believing women and the chaste from among those who have been given the Book before you (are lawful for you when you have given them their dowries, taking (them) in marriage, not fornicating nor taking them as mistresses in secret. (4:5) There are five conditions which must be met in order for it to be lawful for a Muslim to marry a woman from the People of the Book:
a. She must be Muhsanah (i.e. chaste).
b. The marriage is concordant to Shari'ah law.
c. The father must not fear non-Islamic things to arise from this contract, such that the children would be under the jurisdiction of the mother, or the mother adheres staunchly to her religion, and teaches her children, or she takes her children to the church or synagogue…this is a great danger which the children would suffer from…such that they would be satisfied with disbelief after belief.
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d. The conditions pertinent to the marriage contract must be met, which are:
1. Both husband and wife are happy with the marriage…the wife must be aware that this is an actual marriage and not an illicit relationship.
2. The guardian of the wife must be present.
3. Dowry must be offered by husband to the wife.
4. Two witnesses must be present to attest to the marriage.
5. The approval of the wife's guardian, such that he says: 'I have married you so and so who is under my guardianship.' And the approval of the husband, such that he says: 'I agree to this marriage.'
e. No debarment of marriage should be present…such that she is in her waiting period. A Muslim who is marrying a non-Muslim matron should make sure that she has waited the appropriate period. If she was divorced her waiting period (if she is pregnant) ends with delivery of the baby. If she is not pregnant then she should wait for three menstrual periods. If her husband died, then she should wait for four months and ten days.
Fifth of all: The Muslim husband should live with his wife righteously. He should be just and kind to her as he
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would behave with his Muslim wife. It is permissible for him to love her the way a husband would love his wife. This love is not considered love for her Deen…He should call her to Islam, since this is considered as ordering with the good and forbidding evil, and is incumbent upon all Muslims, each according to their ability. He can order her to purify herself, and can ask her to remove extra hair. He may also order her to take a bath, for this would give him complete pleasure, and it is a right she owes him, and she must obey him in this matter. Sixth of all: If a Muslim divorces his wife who is from the People of the Book, she must observe a waiting period of three menstrual bleedings. If she is pregnant then the waiting period ends with child-birth. She must observe this period before marrying anyone else similar to a Muslim woman. She must also observe ihdaad (avoid all means of beautification) after his death, if she is still married to him. Both observance of the waiting period and ihdaad are exclusive rights the wife owes to the husband. Seventh of all: Upon divorce or separation of any kind between husband and wife, custody of children is given to the father since they are Muslims and he is a Muslim as well. Allah says: And never will Allah allow those who deny the truth to harm the believers. (4:141)
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Eighth of all: Islam acknowledges marriage contracts of non-Muslims…and they are not requested to renew them if they accept Islam, for the Prophet approved and acknowledged of marital contracts of non-Muslims whether or not they were from the People of the Book upon accepting Islam, and he did not render them null and void. If they accept Islam together, their marriage is correct and they may continue their marital life together. If the man accepts Islam before the woman, and she is from the People of the Book, their marriage is correct and they can continue their marital life. But if they are not from the People of the Book, and he did not have an intercourse with her, their marriage would be rendered null and void, without any need to utter the divorce. If one of them accepts Islam after the consummation of the marriage, the marital condition would depend on the waiting period, whether it is by child birth (in case the wife is pregnant) or three menstrual periods. If she accepts Islam during that period, she would remain his wife, and the contract would not have to be renewed. If the waiting period has passed, and she has not accepted Islam, their marriage would be rendered null and void…the period is considered from the time the husband accepts Islam. Allah says: And hold not your matrimonial ties with the disbelieving women. (60:10)
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And Allah says: And marry not idolatrous women until they believe. (2:221) If the wife accepts Islam before the husband, whether she is from the People of the Book or not, the ruling previously mentioned regarding a man who accepts Islam and his wife is not from the People of the Book is applicable here, with the same detail. Allah says: Then if you find them true believers, send them not back to the disbelievers. These women are not lawful for them, nor are they lawful for these women. (60:10)
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Rules that are pertinent to non-Muslims in Castigations, retaliatory and normal punishments First of all: If a non-Muslim (who is legally in a Muslim country) does an action which necessitates a retaliatory punishment the choice is given to those who have been harmed, to demand the punishment, ask for blood-money, or pardon the individual. If the non-Muslim killed a Muslim, the guardians of that individual would be given the choice (from the above choices). If a non-Muslim harms a Muslim by amputating one of his limbs such as his leg or poking his eye out, the one harmed would be given the previous choices. If a person is harmed in such a way that no retaliation of same nature can be instituted, then the individual who is harmed would be given the choice between the blood-money and pardoning the individual. In this matter the non-Muslim is treated like a Muslim. Allah says: And therein We prescribed for them: A life for a life, and an eye for an eye, and a nose for a nose, and an ear for an ear, and a tooth for a tooth, and for other injuries equitable retaliation. And whoso waives the right thereto, it shall be an expiation for his sins. (5:45) And Allah says:
O you who believe! Equitable retaliation in the matter of the slain is prescribed for you: the free man for the free man and the slave for the slave,
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and the female for the female. But if one is granted any remission by one's brother, then pursuing the matter for the realization of the blood-money shall be done with fairness and the murderer shall pay him the blood-money in a handsome manner. (2:178) Second of all: If a Muslim harms a non-Muslim whether he be a Dhimmi, or a Mosta'man by either wounding or killing him, he would have certainly accumulated a grave sin. The Messenger of Allah said: 'Whoever kills a Dhimmi or Mu'aahid would not smell the scent of Jannah.' (Bukhari) This individual would also be deserving of punishment, and he must pay the blood-money to him…but he is not to be killed or wounded. The Messenger of Allah said: 'A Muslim is not to be killed for a Kaafir (in retaliatory punishment).' (Bukhari) Similarly, if a Dhimmi kills a warring infidel, who deserves a castigatory punishment, he would not be punished, and he does not have to pay blood-money, nor atonement, for he killed a warring infidel whose life is not respected.
Third of all: The preponderant opinion is that the diyah (blood-money) of an inviolable person from the People of the Book who is killed unintentionally is half the diyah
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of a Muslim. If a man is killed, then the blood-money would equal to half of a male’s…and if a female is killed, then the blood-money is equal to half of a female Muslim’s. The proof of this is in the Hadeeth of the Prophet which is narrated by Amr b. Shu'aib on the authority of his father on the authority of his grandfather that the Prophet set the blood-money of a person from the People of the Book as being half of a Muslim’s. (Ahmed) If a person from the People of the Book is murdered and it was premeditated and the murderer is a Muslim…Imam Ahmed was of the opinion that the blood-money would be doubled and thus would equal that of a Muslim’s. This also has been mentioned on the authority of Uthman b. Af'fan …Majority of the people of knowledge are of the opinion that it should not be doubled.
Fourth of all: If a non-Muslim, Dhimmi or Mu'aahid, committed a crime in a Muslim land which necessitates a castigatory punishment -first of all- the nature of the crime has to be assessed; if it is something that Islam acknowledges for them in their religion such that they can practice it privately, such as consuming liquor, they would not be punished. On the other hand, if the individual openly displays this sin, it is lawful to punish him with an appropriate punishment which would prevent him from doing it again. If the sin is a thing which Islam has not acknowledged for them, such as
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fornication, he would be punished with the castigatory punishment of fornication. Allah says: The fornicatress and fornicator –flog each one of them with a hundred lashes. (24:2) In the Hadeeth of Ibn Umar the Prophet stoned two Jews (to death) who had engaged in adultery in Madinah when they raised the issue to the Prophet . (Agreed Upon) Similar to this crime is, is the crime of theft and slandering chaste woman of illicit relations. It is necessary to clarify here that some scholars do not necessitate establishing any castigatory punishment upon them, except if they raise their issue to Muslim courts, or the one who is harmed by them is a Muslim. If the matter is between them, and no Muslim is involved, and they did not raise their issue to us…judging between them in this instance is not a must, nor is establishing any castigatory punishment against them.
Fifth of all: If a Muslim harms non-Muslims whether he is a Dhimmi or Mo'aahid with a thing that necessitates a castigatory punishment, such as fornicating with a woman from the People of the Book or sodomizing one of them, or stealing their respected property; the Muslim would be punished with a castigatory punishment. He would receive similar punishment were it to be committed against a Muslim. If he blames their chaste women of committing fornication, engaging in illicit relations or sodomy, it would not be necessary to punish
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the Muslim with castigation; but he should be disciplined to stop him from talking about them and harming them. Sixth of all: No castigatory or retaliatory punishment can be established upon a Muslim while he is living in a non-Muslim country, whether or not this country is at war with Muslims or not. Although, the punishment would not be waived in that case…rather it would be delayed until he comes to a Muslim country and there he would be punished accordingly, as long as all the conditions are observed. This is the preponderant opinion. The proof of this if it occurs in a country which is at war with Muslims is the Hadeeth of Bishr b. Abi Ar'ta'ah that a man was brought who had stolen during the battle, and he said: 'Had it not been for the fact that I heard the Messenger of Allah saying: 'Do not cut hands-off during battle.' I would have chopped your hand off. (Abu Dawood) Sa'eed b. Mansoor narrated that al-Ahwas b. Hakeem said that his father said that Umar instructed the head of the army and battalion to not lash anyone therein while they are fighting, so that he would not be affected by Satanic desires and join the infidels. Abud Dardaa and Hudhaifah b. al-Yamaan also narrated similar to this Hadeeth. So if this is the ruling that pertains to Muslims who are in battle while they are under Muslim control…then by right this ruling should be put into effect regarding the Muslims who live in a Kaafir country which is at war with Muslims.
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Furthermore, if a Muslim commits a crime that is punishable in Islam with castigatory punishment in a non-Muslim country which is friendly to Muslims…and they have no authority to establish any such punishment or to rule by the laws of Allah…or the non-Muslim country considers establishing these punishments outside of its judicial courts a crime; then in this case, a Muslim should no do things which would make them liable for punishment. Therefore, these necessary castigations should not be implemented in a non-Muslim country due to the fact that Muslims are incapable of establishing them. The proof that the castigation is to be established upon the criminal when he enters a Muslim country is from the general proofs that necessitate establishing castigations against criminals. In this case, the castigation was delayed due to a circumstance, similar to delaying some duties (incumbent) upon a Muslim due to sickness.
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Rules that are pertinent to animals slaughtered by non-Muslims and their foods First of all: Non-Muslims foods other than meat products which must be slaughtered according to Shari'ah are Halal (lawful)…such as fish, vegetables, fruits and things that are processed and made from these products. The prime condition here is the same condition that is considered in Muslim foods, such that it is lawful and pure. Since there are no proofs which point to its prohibition, these foods remain in their original state of purity and lawfulness. Allah says: He it is Who created for you all that is in the earth; then He turned towards the heavens, and He perfected them as seven heavens; and He knows all things. (2:29) Second of all: It is unlawful to eat animals that are slaughtered by non-Muslims. Allah says: And eat not of that on which the name of Allah has not been pronounced, for surely that is disobedience. (6:121)
Animals slaughtered by Jews and Christians are excluded from this ruling. It is lawful to eat of what they slaughter under the condition that they slaughter according to Islamic Shari'ah if the animal has to be slaughtered, such as a sheep, such that they cut its throat with a knife and sever the animal's windpipe, food-tract, and two jugular veins. If the sacrificial animal is a camel
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it should be killed with a spear, until the blood flows out of it. Allah says: This day all good things have been made lawful for you. And the food of the People of the Book is lawful for you, and your food is lawful for them. (5:5)
If the animal is killed in any other way it is considered a Mai'tah14 and is unlawful to consume. Similarly, if a Muslim slaughters in a way other than what the Shari'ah specifies, it is unlawful. On the contrary, the illegality of a non-Muslim's animal which is killed in this method is more intense than the Muslim’s, as he kills an animal in a non-Islamic method, so this is a non-Muslim's maitah. A Muslim would be categorized in one of three categories according to his knowledge of how animals are slaughtered by non-Muslims. a. If he is sure or almost certain that the animal was slaughtered in a non-Islamic manner, it is not lawful to eat from it. b. If he is sure or almost certain that the animal was slaughtered in an Islamic manner, it is lawful to eat from it. c. If he is doubtful and uncertain regarding this…he may eat from it, since the original state in this matter is that they are lawful to eat, but it is an act of piety to avoid consuming this.
14 Maitah: A dead animal. i.e. the animal which has not been slaughtered in the manner prescribed by the Islamic Law.
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Rules that are pertinent to non-Muslims in Judicial laws and Evidences First of all: It is not lawful for a non-Muslim to assume a vital post in a Muslim country such as ruler, minister, or judge. Similarly, it is not lawful for a non-Muslim to assume a lesser position such as head of an administration, whether this post is a civil or military one. Allah says: And never will Allah allow those who deny the truth to harm the believers. (4:141) Furthermore, these positions require the individual who assumes them to be strong and trustworthy. A non-Muslim is not trustworthy when he is put in charge of Muslims interests. This matter has been unanimously agreed upon by the People of Knowledge. As for normal jobs, it is lawful to hire them, as long as it serves the best interest of the Muslims, and they would not be harmed…whether or not this job has no authority such as a doctor, architect, engineer, hard laborer or the like…or jobs that have a certain degree of authority such as a trainer in the private sector or for the military. Second of all: If a non-Muslim raises a complaint against a Muslim it would be accepted and listened to. It is a must upon the judge who judges between them to rule with justice, as he would between Muslims in general. Allah says:
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And if you judge, judge between them with justice. Surely, Allah loves those who are just. (5:42) Third of all: The testimony of a non-Muslim against a Muslim is not accepted in a judicial court of law…since the condition for its acceptance is that the individual be trustworthy. A non-Muslim is not trustworthy…as for their testimonies against each other, the scholars are at variance regarding this…possibly the preponderant opinion in this issue is that it is accepted, regardless whether the one giving the testimony is from the same religion as the one who he is testified against or not. Furthermore, it may be difficult to find a Muslim who would attest and testify for them in their disputes due to the limited interaction with Muslims. If their testimony is not accepted among them, this would lead them to losing their rights, which is unlike the Muslims who would easily find someone to testify for or against him from the Muslims. Fourth of all: When a non-Muslim takes an oath in a dispute, it would be accepted from him. The proof of this is in the Hadeeth of Ibn Abbas : 'The Prophet had given the verdict that the defendant had to take an oath.' (Bukhari)
In the Hadeeth of al-Ash'ath b. Qais, that a dispute occurred between him and a Jew, regarding a piece of land, and this matter was taken to the Prophet , and he
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said to al-Ash'ath: 'Do you have a piece of evidence?' He said: 'No' so the Prophet told the Jew: "Swear an oath." (Bukhari) But the non-Muslim should only swear an oath by Allah…the Prophet said: 'Whoever swears an oath let him do so by invoking Allah or keep quiet.' (Agreed Upon) The Judge should ask a Jew to take an oath by saying: ‘I swear by the One who has revealed the Torah to Moses’ and the Christian should say: 'I swear by the one who has revealed the Gospel to Jesus.' The judge may be critical of the oath taken by a non-Muslim such as to force him to take an oath in a specific time and place which they magnify. Finally, we praise Allah the Rubb of the Worlds, and may Allah exalt the mention of our Prophet and render him, his household, and Companions safe from every derogatory thing. Khalid b. Muhammad al-Majid 23/4/1425H
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Glossary 1. Aqeedah: Creed. 2. Bid'ah: An innovation; in this book it refers to religious innovations. 3. Fitnah: Trial, strife and tribulation. 4. Hadeeth: Prophetic Tradition. 5. Hudood: Castigatory punishments in Islam. 6. Hukum: Ruling. 7. Ijtihaad: In general, it is the exertion of effort. In this book it refers to exertion of one's effort to reach a ruling in an issue. Ijtihaad is specific for the scholars; since issuing rulings and verdicts in Islam is not the duty of every individual. 8. Iman: Belief. 9. Jannah: This is the heavenly abode which Allah grants the pious slaves in the Hereafter. It is mistranslated as 'Paradise'. 10. Kaafir: pl. Kuf’faar, a disbeliever. 11. Kufr: Disbelief.
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12. Mahram: a male escort such as a husband, or one of the woman’s male siblings who are not lawful for her to marry. 13. Maitah: A dead animal. i.e. the animal which has not been slaughtered in the manner prescribed by the Islamic Law. 14. Shari'ah: Islamic Jurisprudential Law. 15. Shirk: Associating partners with Allah. 16. Sunnah: Has more than one meaning. It may refer to: a. Prophetic Traditions. b. Rulings; i.e. it would then mean that the act is an act endorsed by the Sunnah. c. or to signify that an act is praiseworthy. 17. Taqwah: Piety. 18. Ummah: Nation.
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Table of Contents 1. Terminology used in this book 2 2. Introduction 3 3. Who is a non-Muslim? 4 4. Types of non-Muslims 4 5. Creedal Rulings 5 6. Rulings pertinent to the Hereafter 5 7. Rulings pertinent to this world 8 8. Rulings pertinent to non-Muslims in matters of Fiqh 11 9. Rules pertinent to Taharah and Salah 14 10. Rules pertinent to Zakah 21 11. Rules pertinent to Jihad 23 12. Rules pertinent to money transactions 37 13. Rules pertinent to Inheritance 42 14. Rules pertinent to family relations 44 15. Rules pertinent to castigations and punishments 51 16. Rules pertinent to foods 57 17. Rules pertinent to Judicial laws 59
