About the Author:
Dr. Monqith bin Mahmoud al-Saqqar is a Syrian Islamic preacher, researcher, and doctor specializing in comparative religion. He has numerous publications, including books like “Did The Bible Announce Muhammad - May God Bless Him And Grant Him Peace,” “Dialogue With Followers Of Religions,” and “Religion is Conduct.”
In his book “Coexistence with Non-Muslims in the Muslim Community,” Dr. al-Saqqar presents a vision of the human and civilizational values that the Islamic Ummah adopts towards non-Muslims. He begins by stating that the civilizational and cultural value of any Ummah lies in the humanitarian principles it achieves, which transcend its borders to benefit other nations. The message of Islam is a global message sent by the Prophet Muhammad (ﷺ) as a mercy to the worlds; a message that transcends time, place, language, and gender. Islam is the true religion chosen by Allah for humanity. Allah, in His wisdom, created humans as free beings with the ability to choose, resulting in believers and disbelievers. This diversity is Allah's decree and His way in creation. Therefore, we must learn how Islam deals with non-Muslims living in a Muslim society. The history of Islam bears witness to a unique experience of peaceful coexistence between Muslims and others, dispelling the common fears some have about the Islamic revival leading to discrimination or persecution.
The Concept of Disbelief (Kufr) and Its Types
The author begins by defining “kufr,” encompassing anyone who denies the Prophet (ﷺ) or refuses to embrace Islam. Ibn Taymiyyah says, “Disbelief occurs by denying the Prophet (ﷺ) in what he conveyed or by refusing to follow him while knowing his truthfulness, like the disbelief of Pharaoh and the Jews.” Dr. al-Saqqar emphasizes that there is no difference in disbelief between various non-Islamic religions and sects, whether they are People of the Book or not. The gentle Quranic address to the People of the Book, distinguishing them from idolaters, does not mean they are considered believers.
Dr. al-Saqqar categorizes disbelievers into different types. Openly rejecting Islam and its doctrines makes them equal in the Hereafter, where all are warned of Hellfire. However, Sharia distinguishes between them in worldly rulings based on their hostility towards the Muslim society. Disbelievers in the Muslim society can be classified into combatants, covenanted people, and those seeking safety (mustamin). Combatants reside in lands hostile to Muslims. Covenanted people are those who have a peace treaty with the Muslim ruler and are subject to Islamic rulings like the people of Dhimma. Mustamin are those from warring lands who enter Muslim lands temporarily with safety guarantees for specific purposes. Ibn al-Qayyim explains the categories of mustamin entering Muslim lands for non-settlement purposes as “messengers, merchants, and seekers of asylum,” stating that they should neither migrate nor be killed nor be subjected to the jizya tax. They are granted safety, whether from the ruler or the general Muslim population, as exemplified when Zainab, the Prophet's (ﷺ) daughter, granted safety to Abu al-As ibn al-Rabi', which the Prophet upheld.
Dr. al-Saqqar discusses the term “Ahl al-Dhimma” referring to non-Muslims residing under Muslim rule. It is an honorable term signifying the covenant, safety, and sanctity they enjoy. Ahl al-Dhimma are under the protection of the Islamic state, and Muslims must respect their covenant and safety. The Prophet (ﷺ) said, “Whoever kills a Mu'ahid who has the protection of Allah and the protection of his Messenger, will not smell the fragrance of Paradise, even though its fragrance may be detected from a distance of Seventy years.”
Rights of Non-Muslims in a Muslim Society
Non-Muslims residing in Muslim lands enjoy a series of guarantees granted to them by the Muslim society based on the Quran and the Sunnah of His Messenger (ﷺ).
Islam respects the individual's freedom to choose their belief. Throughout history, Muslims did not force those under their rule to embrace Islam. Dr. al-Saqqar asserts that Muslims never imposed their religion on others due to a set of Islamic principles:
The Inevitability and Nature of Differences Diversity in the universe is one of Allah’s signs. Ibn Hazm states, “Allah has explicitly stated that differences are not from Him, meaning that He did not approve of them [religiously]; rather, He willed them as a matter of cosmic decree, just as He willed disbelief and other sins.” Therefore, it is essential to acknowledge this difference.
Muslims' Duty to Invite to Allah, Not Enforce Islam Muslims are tasked with conveying and inviting to the path of Allah with wisdom, leaving guidance to Allah alone. Accountability remains with Allah on the Day of Judgment, as He says, “Upon you is only the [duty of] notification, and upon Us is the account.” (Ar-Ra'd: 40)
Divine Honor for Humanity Allah has honored the children of Adam above all creatures, and the Prophet emphasized honoring and respecting the human being. Sahl b. Hunaif and Qais b. Sa'd were sitting at al-QadisIya when a bier was brought past them. They stood up, and when they were told that it was one of the people of the land, i.e. of the dhimmis (Protected communities such as Jews and Christians), they replied that a bier came past God’s messenger and he stood up. On being told that it contained a Jew he said, “Is it not a soul?”
No Compulsion in Religion Islam prohibits compulsion in religion, as true faith must stem from personal conviction. Forced conversion holds no value, and the case of Moses Maimonides fleeing to Egypt after forced conversion, where he returned to his faith without being considered an apostate, exemplifies this, upon which Tertone noted that it reflects the beautiful tolerance within Islam.
Dr. al-Saqqar presents several testimonies from non-Muslim Western historians who acknowledged Islam's tolerance, such as Thomas Arnold in “The Preaching of Islam,” who stated, “We have not heard of any organized attempt to force non-Muslims to accept Islam or of any organized persecution aimed at eradicating Christianity. Had the caliphs chosen either of these methods, they could have eradicated Christianity as easily as Ferdinand and Isabella eradicated Islam from Spain.”
Corroborating this, Al-Kharbotly quotes the orientalist Dozy in “A History of Islam,” stating, “The tolerance and good treatment of the Muslims towards the people of the covenant led them to embrace Islam. They found in it ease and simplicity they did not find in their previous religions.”
The role of corrupt clergy in other religions also contributed to their followers embracing Islam. These testimonies refute claims that Islam spread by the sword, contrasting with violent Western practices, such as King Charlemagne's coercion of Germanic tribes into baptism under threat of death.
- Ensuring the Safety of Places of Worship
Islam not only refrained from compelling other faith communities to embrace it but also guaranteed the safety and security of their places of worship, and the Muslim history is filled with examples.
The Prophet (ﷺ) wrote to the bishops of Bani Al-Harith and Najran, ensuring their protection, the safety of their places of worship and of their followers. The caliphs followed suit, as evidenced by Umar ibn al-Khattab's assurance of safety to the people of Jerusalem. He has given them an assurance of safety for themselves, for their property, their churches, their crosses, the sick and healthy of the city and for all the rituals which belong to their religion. Their churches will not be inhabited by Muslims and will not be destroyed. Neither they, nor the land on which they stand, nor their cross, nor their property will be damaged. They will not be forcibly converted.
The German orientalist Sigrid Hunke remarks, “Christians, Zoroastrians, and Jews who faced the worst examples of religious intolerance before Islam were allowed to practice their faith freely. Muslims left their places of worship, monasteries, priests, and rabbis untouched. Is this not the height of tolerance? Where in history can one find similar actions? And when?”
- Freedom to Practice Religious Rituals
Islam guaranteed non-Muslims the freedom to practice their religious rituals and ensured they were not disturbed during their times of worship. It forbade summoning Jews on their Sabbath and did not impose Islamic dietary restrictions on them. Imam Malik stated, “If the people of the covenant commit adultery or drink wine, the Imam should not interfere with them unless they manifest it in Muslim lands causing harm.”
Many historians testify to this freedom, such as the priest Elouge, who said, “We live among them without any interference in our beliefs.”
Muslims did not force non-Muslims to be judged according to Sharia; they had their judges and laws unless a matter involved a Muslim. However, many chose to resort to Islamic laws due to the deficiencies and lack of comprehensiveness in their own legal systems.
- Good Treatment and Kindness
Allah commands good treatment of non-Muslims who do not harm Muslims, stating, “Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes – from being righteous toward them and acting justly toward them. Indeed, Allah loves those who act justly.” (Al-Mumtahanah: 8) This is out of mercy and compassion, not fear or reverence. Islam enjoins good relations and maintaining family ties, even with different religions. When Asma bint Abu Bakr asked the Prophet (ﷺ) about her non-Muslim mother visiting her, he replied, “Yes, be good to your mother.”
Islam also mandates financial support for non-Muslims in need, visiting their sick, as the Prophet did with his uncle Abu Talib and his Jewish neighbor, and even gifting them, as he did with Abu Sufyan giving him dates in Makkah and accepted gifts from Muqawqis and Khosrow, not to mention, honoring their guests, as he did with Adi ibn Hatim.
Among the good treatment of non-Muslims is praying for them, as when the Prophet was asked to invoke Allah’s wrath upon the disbelievers, he said: “I was not sent as one given to cursing; I was sent only as a mercy.”
- Being Just towards them and Defending Their Rights
The Prophet (ﷺ) was sent to perfect noble manners, and one of the most important of these manners is justice, which is especially evident when religions differ, and interests conflict. Allah says, “O you who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness.” (Al-Maidah: 8)
Al-Qurtubi said: “The ayah also indicates that the disbelief of the disbeliever does not prevent justice from being applied to them, and that one should limit their dealings with them to what is deserved in terms of combat and enslavement, and that mutilating them is not permissible, even if they kill our women and children and cause us grief; we are not to kill them in the same manner with the intention of causing grief and sorrow to them.”
The Prophet (ﷺ) warned against oppressing the people under the protection of Islam (dhimmis) and depriving them of their rights, especially the weak among them, stating that it would lead to Allah's retribution, who accepts their complaints and supplications against those who wrong them. He said, “Be afraid, from the curse of the oppressed as there is no screen between his invocation and Allah.”
The Prophet (ﷺ) also warned against killing without right, which is considered one of the most heinous and repulsive crimes: “Whoever kills a Mu'ahid will not smell the fragrance of Paradise, even though its fragrance could be smelt at a distance of forty years.”
Moreover, a group of scholars has gone so far as to state that a Muslim should be executed for killing a non-Muslim whose life is protected. Maymun bin Mihran narrated that Umar bin Abdul Aziz wrote to some of his governors about a Muslim who had killed a dhimmi, ordering them to hand him over to the victim's guardian, who could choose to kill him or pardon him. Maymun said: He handed him over, and the victim's guardian executed him.
Historical records show numerous examples of Muslims' justice towards the dhimmis, including their fairness in disputes against caliphs and governors. When Umar bin Abdul Aziz took office, he announced that anyone who had been wronged should come forward. A dhimmi man then approached, complaining about Governor Abbas bin al-Walid bin Abdul Malik regarding a piece of land that al-Walid had granted to his grandson, Abbas. The Caliph ruled in favor of the dhimmi, returning the land to him.
Our history also includes instances of injustices against non-Muslims by some oppressive rulers, but these were not systematic, nor were they in accordance with Islamic principles. Muslim jurists condemned these actions. For example, when Caliph al-Walid bin Yazid feared the Christians of Cyprus, he expelled them from their land, which Muslims found abhorrent and considered an injustice and a breach of the dhimmi covenant.
When Umar (may Allah be pleased with him) was on his deathbed, he did not forget to advise Muslims to take care of the dhimmis, even though one of them, Abu Lu'lu'a the Magian, had killed him, as he feared his death at the hands of one of them might lead to unfair treatment of his fellow dhimmis.
Thus, the Christians of Homs acknowledged our magnanimity and justice in treating non-Muslims. They wrote to Abu Ubaidah ibn al-Jarrah: “Your rule and justice are dearer to us than the oppression and tyranny we used to experience. We will indeed defend our city alongside your representative." They then closed the city's gates, expelling the Romans from it, who shared their faith.
Dr. al-Saqqar points out that Islam guarantees the rights of non-Muslims through the Islamic social solidarity system, which is characterized by compassion even towards animals. The Prophet (ﷺ) said, “He who is not merciful to people Allah will not be merciful to him,” with “people” here being a general term that includes everyone, regardless of any considerations. This was evident when Amr ibn al-As showed compassion towards a pigeon that had nested on his tent between al-Muqattam and Babylon Fortress; he did not allow his tent to be taken down and left a man to guard the pigeon and its nest.
Islam also encourages believers to be kind in their treatment of non-Muslims who do not act aggressively towards them. It made paying zakat to its rightful recipients, both Muslims and non-Muslims, a pillar of Islam. Allah says, “Zakah expenditures are only for the poor and for the needy.” (At-Tawbah: 60) It is also permissible to give obligatory expiations to them, and the scholars permitted charity and endowments to dhimmis, considering it a form of goodness that Allah loves. Imam al-Qarafi elaborates on the kindness and justice required in dealing with non-Muslims: “What is commanded in terms of kindness towards them, without inner affection, includes gentleness with their weak, satisfying the needs of their poor, feeding their hungry, clothing their naked ... protecting their property, their families, their honor, and all their rights and interests, and helping them to ward off oppression and securing all their rights.”
The companions also acted kindly towards non-Muslims. Umar ibn al-Khattab saw an elderly dhimmi man begging and said, “By Allah, we have not done justice to him that we ate (jizya) from him when he was young but we forsook him when he was old.” He then wrote to his governors not to take jizya from elderly dhimmis.
Thus, the Orientalist Barthold wrote in his book “The History of Islamic Civilization”: “Christians were in a better state under Muslim rule because Muslims followed the principles of care and leniency in their religious and economic dealings with the dhimmis.”
Jizya
Dr. al-Saqqar discusses jizya in Islam and the criticisms against it. Some mistakenly believe that jizya is a punishment for disbelief and coercion to accept Islam, and that it humiliates the dhimmis. However, jizya is an ancient term used for what conquered nations pay to their conquerors in return for services provided. Islam was not the first to impose it; it existed in previous laws. The New Testament considers paying jizya to rulers as a legitimate right, even giving it sanctity and making it a religious duty. Thus, jizya in Islam is not a punishment for disbelief; otherwise, women, the elderly, and children would not be exempt from it. Moreover, monks and clergy would not be exempt; in fact, they would be required to pay more instead of being exempt. Jizya is taken from them in exchange for their residence in Muslim lands and being under its protection.
From Whom is Jizya Taken?
Jizya in Islam is taken from adult men capable of fighting, excluding women, children, slaves, the insane, and elderly men who are unable to fight. Scholars agree that jizya is imposed on free, adult men capable of bearing arms, while women, children, the elderly, the disabled and the monks are exempt. This was applied by Umar ibn al-Khattab in his instructions to military commanders, and followed by Islamic leaders such as Amr ibn al-As, governor of Egypt, as documented by historians.
Amount of Jizya
The amount of jizya was nominal and easy to pay. During the Prophet's (ﷺ) time, it did not exceed one dinar per person annually. This policy continued during the caliphates of the Rightly Guided Caliphs, with the amount varying over the ages according to people's affluence. It did not exceed four dinars in the Umayyad state. The amount of jizya was left to the state's leader to determine based on people's capabilities, as emphasized by scholars citing Umar ibn al-Khattab's directive not to overburden dhimmis. Jizya was waived for those unable to pay, such as the poor, elderly, and disabled.
Jizya in Exchange for Protection and Government Services
Muslims, in return for the few dinars of jizya, are obligated to defend the dhimmis and protect them, even if it costs them their lives. Ibn Qudamah stated: “Jizya is due from the dhimmis annually, and it is in return for protection.” Islamic scholars affirmed the dhimmis' right to protection, considering the fulfillment of this duty as part of the covenants commanded by Sharia. Muslims' duty towards dhimmis also includes freeing their captives taken by the enemy, as done by Ibn Taymiyyah during the Tatar invasion of Damascus. Protection was not the sole reason for jizya; scholars mentioned it as a limited pressure to encourage the dhimmis to reflect on Islam, appreciate its merits, and potentially accept it and attain Paradise.
When is Jizya Waived for Dhimmis?
When Muslims are unable to protect the dhimmis, they return the jizya to them due to the failure of its condition of protection. This was done by Abu Ubaidah when he received reports of Roman forces' approach, knowing that he can’t protect the dhimmis. Moreover, if dhimmis join Muslims in defending their land, jizya is waived for them, as done by Muawiyah with the Armenians. Thus, Adam Metz stated: “This jizya was akin to a national defense tax, payable only by men capable of bearing arms.”
How to Collect Jizya
The ayah, “Until they give the jizyah willingly while they are humbled.” (At-Tawbah: 29) This means that jizyah is to be taken from those capable of fighting and those in a similar position, signifying their subjugation and the dominance of Muslims over them. It is not characteristic of a combatant to pay jizyah with honor and dominance; thus, jizyah symbolizes the submission of the defeated nation to the general attributes of the victorious nation. But the meaning of the ayah does not contradict the statements of the Prophet (ﷺ) regarding the necessity of kindness, justice, and the prohibition of oppression and hardship.
