The Rights of Non-Muslims in Islam : The Right to Justice God requires Muslims to be just in all their affairs and to act equitably towards everyone. God says: “And the sky He has raised; and He has set the Balance (of justice), that you may not exceed the (due) balance. But observe the measure strictly, nor fall short thereof.” (Quran 55:7-10) Muslims are divinely ordained to act with justice, even if it means acting against themselves or those close to them, as the Quran states: “O you who have believed, persistently stand firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives. Whether one is rich or poor, Allah is more worthy of both. So follow not [personal] inclination, lest you not be just. And if you distort [your testimony] or refuse [to give it], then indeed Allah is Ever-Acquainted with what you do.” (Quran 4:135) God requires that we apply justice at all times: “Indeed, Allah commands you to render trusts to whom they are due, and when you judge between people, to judge with justice. Excellent is that which Allah instructs you. Indeed, Allah is ever Hearing and Seeing.” (Quran 4:58) Islamic justice towards non-Muslims is multifaceted. Islam gives them the right to go before their own courts; it also guarantees them equality in seeking justice with Muslims, if they choose to present their case in an Islamic court. God says: “So, if they come to you, (O Muhammad), judge between them, or turn away from them. And if you turn away from them – never will they harm you at all. And if you judge, judge between them with justice. Indeed, Allah loves those who act justly.” (Quran 5:42) If a Muslim were to steal from a non-Muslim dhimmi, he would be liable to the same punishment as the dhimmi would have been had he stolen from the Muslim. Similarly, a Muslim is liable to receive a sentence for defamation if he slanders a man or woman protected under the covenant.[1] Islamic history has some beautiful examples of justice meted out by Muslims towards non-Muslims. A man named Ta’ima stole a suit of armor from Qataada, his neighbor. Qataada had hidden the armor inside a sack of flour so, when Ta’ima took it, the flour leaked out of the sack through a hole, leaving a trail up to his house. Ta’ima then left the armor in the care of a Jewish man named Zayed, who kept it in his house, in order to conceal his crime. Thus, when the people searched for the stolen armor, they followed the trail of flour to Ta’ima’s house but did not find it there. When confronted, he swore to them he had not taken it and knew nothing about it. The people helping the owner also swore that they had seen him breaking into Qataada’s house at night, and had subsequently followed the tell-tale trail of flour, which had led them to his house. Nevertheless, after hearing Ta’ima swearing he was innocent, they left him alone and looked for further clues, finally finding a thinner trail of flour leading to the house of Zayed, and so arrested him. The Jewish man told them that Ta’ima had left the armor with him, and some Jewish people confirmed his statement. The tribe to which Ta’ima belonged sent some of their men to the Messenger of God to present his side of the story, and asked them to defend him. The delegation was told, ‘If you do not defend our clansman, Ta’ima, he will lose his reputation and be punished severely, and the Jew will go free.’ The Prophet was subsequently inclined to believe them, and was about to punish the Jewish man when God revealed the following verses of the Quran to vindicate the Jew.[2] The verse continues to be recited by Muslims today as a reminder that justice must be served for all: “Indeed, We have revealed to you, (O Muhammad), the Book in truth so you may judge between the people by that which God has shown you. And do not be an advocate for the deceitful. And seek forgiveness of God. Indeed, God is ever Forgiving and Merciful. And do not argue on behalf of those who deceive themselves. Indeed, God loves not one who is a habitually sinful deceiver. They conceal [their evil intentions and deeds] from the people, but they cannot conceal [them] from God, and He is with them (in His knowledge) when they spend the night in such as He does not accept of speech. And God ever is encompassing of what they do. Here you are – those who argue on their behalf in [this] worldly life – but who will argue with God for them on the Day of Resurrection, or who will [then] be their representative?” (Quran 4:105-109) Once, a dispute arouse between Ali bin Ali Talib, when he was the Caliph, and a Jewish man who went to Judge Shurayh al-Kindi. Shuray tells the details of what happened: “Ali found he was missing his coat of mail, so he went back to Kufa and found it in the hands of a Jewish man who was selling it in the market. He said, ‘O Jew! That coat of mail is mine! I did not give it away or sell it!’ The Jew responded ‘It is mine. It is in my possession.’ Ali said, ‘We will have the judge rule on this for us.’ So they came to me and Ali sat next to me and said, ‘That coat of mail is mine; I did not give it away or sell it.’ The Jew sat in front of me and said, ‘That is my coat of mail. It is in my possession.’ I asked, ‘O Commander of the Faithful, do you have any proof?’ ‘Yes,’ Ali said. ‘My son Hasan and Qanbarah can testify that it is my coat of mail.’ I said, ‘Commander of the Faithful, the testimony of a son in his father’s favor is not admissible in court.’ Ali exclaimed, ‘How Perfect is God! You cannot accept the testimony of a man who has been promised Paradise? I heard the Messenger of God saying that Hasan and Husain are the princes of the youth in Paradise.’[1] The Jewish man said, ‘The Commander of the Faithful takes me before his own judge and the judge rules in my favor against him! I bear witness that no one deserves worship except God and that Muhammad is His Messenger [the Jewish man accepted Islam], and that the coat of armor is yours, Commander of the Faithful. You dropped it at night and I found it.’[2] Another amazing story of Muslim justice towards non-Muslims pertains to the conquest of the city of Samarkand. Qutayba, the Muslim military general, had not given the residents of Samarkand a choice between accepting Islam, entering into a protective covenant with the Muslims, or to accept fighting at the time. Years after the conquest, the people of Samarkand lodged a complaint with ‘Umar bin Abdulaziz, the then current Muslim Caliph. Umar, upon hearing their complaint, ordered the governor of the city to turn it over to the people and vacate it, and then to give the people the three alternatives to choose from. Astounded by this display of instant justice, many of the residents of Samarkand embraced Islam![3] We also read in history instances where the general Muslim population was aware of the rights of the non-Muslim minorities and would demand justice for non-Muslims from their rulers. Waleed ibn Yazeed, an Omayyad Caliph, exiled the inhabitants of Cyprus and forced them to settle in Syria. The scholars of Islam did not approve his move at the time and declared it to be oppression after the event. They brought the issue up with his son when he became Caliph so that the people could be resettled in their native land once again. He agreed to the proposal, and is thus known to be one of the fairest rulers of the Umayyad dynasty.[4] Another similar historical instance is when the governor of Lebanon, Salih ibn Ali, expelled an entire village of non-Muslims because some of them refused to pay the toll on their produce. The governor was a close advisor of the Caliph, yet Imam Awza’i, a renowned Muslim scholar of Syria, came to their defense and wrote to letter of protest. Part of the letter reads: ‘How can you collectively punish people for the misdeeds of a few, going so far as to expel them from their homes? God states: “No bearer of burdens will bear the burden of another.” (Quran 53:38) It is the most compelling evidence to consider and follow. And the most deserving command of the Prophet to preserve and follow is: “If anyone oppresses a dhimmi or burdens him with something he can not bear, I will argue against him on the Day of Judgment”[5] They are not slaves whom one is able to take from one place and move to another as one pleases. They are the free People of the Covenant.’[6] Secular writers and historians have been compelled to acknowledge the justice of Islam towards non-Muslims in their midst. The British historian, H.G. Wells, wrote the following: ‘They established great traditions of just tolerance. They inspire people with a spirit of generosity and tolerance, and are humanitarian and practical. They created a humane community in which it was rare to see cruelty and social injustice, unlike any community that came before it.’[7] Discussing the Christian sects at the beginning centuries of Islamic rule, Sir Thomas Arnold writes: ‘Islamic principles of tolerance forbade these actions [mentioned previously], that always involved some oppression. Muslims were the opposite of others, and it appears that they spared no effort in treating all of their Christian subjects with justice and equity. An example was the conquest of Egypt, when the Jacobites took advantage of the removal of the Byzantine authorities to dispossess the Orthodox Christians of their churches. The Muslims returned them to their rightful owners when the Orthodox Christians presented them with proof of ownership.’[8] Amari, a Sicilian Orientalist, observed: ‘At the time of the Muslim Arab rule, the conquered inhabitants of the island of (Sicily) were comfortable and content compared to their Italian counterparts, who were collapsing under the yoke of the Langiornians and Franks.’[9] Nadhmi Luqa commented: ‘No law can eradicate injustice and prejudice better than one that states: “…and do not let the hatred of a people prevent you from being just.” (Quran 5:8) Only when a person holds himself to these standards, settling for no other, and devotes himself to a religion with these lofty principles and rectitude, accepting no other… only then can he claim to have honored himself.’[10]
Posted on: Fri, 23 Aug 2013 07:57:35 +0000
Trending Topics
Recently Viewed Topics
© 2015