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Rights of minorities in islam/ status of non-muslim minorities in Islamic state

I. Introduction
II. Rights of minorities in islam
A. Right to belief
1. Quranic verses
2. Example from the life of the holy prophet
B. Right to protection of life, honour, permanent settlement in Islamic state
1. Sayings of the holy prophet (p.b.u.h)
C. Right to privacy
D. Right to justice
1. Sayings of the holy prophet(p.b.u.h)
2. Example of administration of justice from life of holy prophet and caliph ali (RA)
E. Fund protection
F. Political rights
G. Civil rights
H. Monetary rights
1) Right to employment
2) Bait-ul-maal
III. Responsibilities and limitations of minorities in islam
IV. Conclusion

“ALLAH only forbids you from those who fight you due to religion and expel you from your homes and aid in expulsion-forbids you from making allies with them”
(Quran)

Islam is a religion of peace, tolerance and forbearance. It enjoins its adherents to abide the lofty principles and to abstain from committing aggression and violence. The religion of peace entails rights to all living beings and specifically all human beings, muslims or non muslims. It is a mere travesty of reality that islam, today, has been portrayed as an agent instigating muslims to commit acts of violence against non-muslims. On the contrary, islam has granted them rights similar to those of muslims in an Islamic state. There is no doubt, that islam has restricted the non-muslims in certain matters, but that too, is not to discriminate against them rather, they are introduced in the best interest of the majority muslims.

The word minority is not acceptable in Islamic jurisprudence as the term was never used by the muslim scholars. This term came into use, much later, by the introduction of nationalism. The “ism” was aimed at the division of humans on the basis of race, colour, ethnicity, geographical location, linguistics and even religion. Therefore the term “minority” was introduced to indicate a group opposite to the wider “majority”. In islam, the term dhimmah is used for the non-muslim minorities.

Muslim jurists have classified the non-muslims into two types- ahlal bait and mushriq. The minorities residing within the confines of an Islamic state into dhimmas, muahid and mustamin. The term mustamin is used for the non-muslims who visit an Islamic state for some time and have permision of temporary stay only. Mu’ahid are the non-muslim individuals who have entered into some sort of a contract, pact or agreement with the muslims. Dhimmas are the non-muslim minorities who live in an Islamic state and pay jizya.

Islam has ensured many rights and privildges to the non-muslim minorities. Perhaps, the right that is most significant is the liberty of belief. This right has been granted to them by ALLAH himself :

“ there is no compulsion in religion. No doubt, the virtous path has become clear from the erring..” surah al-baqarah

Islam acknowledges the rights of non-muslims to practice their faith. This means that a non-muslim cannot be criticized over his creed in any way. Similarly, minorities also reserve the right to practice their rituals and rites within the confines of their places of worship and homes. In addition, they also have the right to protect themselves against religious discrimination. Islam does not encourages the muslims to use force or coercive measures to propagate their faith. It is mentioned in the sacrad QURAN

“ O Prophet! Invite mankind to the way of ALLAH in a way through fair preaching and argue with them in a way that is better”.

This was also expressed by the holy prophet in his letter to the people of yemen in the following words:

“

and the one among the jews and the christain who becomes muslim, becomes one of them, enjoying similar rights and those of the jewish and christains who remain so. do not force them to abandon their religion”

once a christain delegation came to visit holy prophet (P.B.U.H) from habsha. Holy prophet (P.B.U.H) made arrangements for them to stay at masjid-i-nabvi and extended hospitality to them. He said
“ these are dignified men, hence, they are treated in a respectable way”

At conquest of makkah, when holy prophet (P.B.U.H) and his troops were victorious in the battle . He ordered his muslim troops not to kill innocent men, women and children and announced general amnesty for all and did not force them to give up their religion. The non-muslims were so pleased with the attitude that they entered the fold of islam in flocks.


Islam has ensured the protection of the life and honour of non-muslims. They also enjoy the right to permanent settlement in an Islamic state. Holy prophet (P.B.U.H) said

“ whoever kills a dhimmi, will not smell the paradise”

This protection is not only aimed at defending a non-muslim from physical injur only. In fact, it implies that, a non muslim minority should not be a target of back biting and slandar for any unjust reason. Just as it is morally wrong to speak ill of a muslim brother without any valid reason, so is it wrong to backbite against a non-muslim minority.

Muslims are ordained by ALLAH and his apostle (Holy prophet), against commitment of injustice to a non-muslim minority. Holy prophet ( p.b.u.h) said ,

“ whoever wrongs a contracting man, diminishes his rights, forces him to work beyond his capacity and takes away his thing without his consent, I shall plead for him on the day of judgement”

The life of holy prophet (p.b.u.h) has many such examples where he abstained from commitment of injustice against the non-muslim minorities such as the incident of the killing of abu Abdullah ansari at Khyber. It was expected that one of the jews had killed him. However, there was no evidence to support the accusation. Therefore, holy prophet (P.B.U.H) did not punish the jews and only asked them to make an oath.

Once a man was brought to the court of hazrat ali, the fourth caliph. The man had killed a non-muslim. All evidences supported the accusation. The caliph ordered that the muslim man be killed by way of qisas. At the point, the brothers of the murderer intervened and offered blood money to the brother of the killed and convinced him to pardon the murderer. When caliph ali heard of it, he called up the relative of the murdered man and asked him if he had been forced to pardon. The man replied, that since killing would not bring back his brother and, that the money offered to him would be beneficial to the family of the murdered man so he had forgiven the murdered. Caliph ali supported his decision and announced,

“ the blood of a non-muslim brother is like our blood and his blood money is our blood money”.

Non-muslim minorities also enjoy the right to privacy in their personal matters. No one is allowed to enter their homes or interfere in their matters without their permission. The right is granted to them based on the assumption that they are human beings and are entitled to the right of confidentiality regarding their issues.

Islam also assures the protection of the funds of non-muslim minorities. Muslims have been forbidden from taking or seizing their funds through theft, usurpation or commitment of injustice. This was also illustrated by the holy prophet (p.b.u.h) in his treatment extended to the people of najran,

“ the people of najran and surrounding areas are under the protection of ALLAH and his apostle, their funds, religion, trade and everything small or big will remain safe”

Islam has guaranteed the protection of political rights for the non-muslim minorities. This includes the right to express views, to dissent, right to vote and the right to political representation. No muslim has the right to curb the political liberties granted to the non-muslim minorities. However, non- muslims, too are forbidden from collusion with enemies.

Non-muslim minorities enjoy the priviledge of being judged according to their respective civil laws relating to marriage, inheritance and eating. Islamic history is full of examples where different faith communities adjudged according to their respective religious systems. Minorities are entitled to the right to set up courts for governing their civil laws and for acts considered sins in their religion.

Once, some jews in madinah were considering punishment for a man accused of commiting adultery, they approached holy prophet for advice. Holy prophet asked them to provide him a copy of torah and asked them to read out the respective chapter. The punishment was awarded in light of the jewish laws.

On another occasion, a christain delegation came to visit holy prophet (p.b.u.h). holy prophet (p.b.u.h) made them stay at masjid-i-nabvi and even permitted them to worship their according to their faith. They did so, as graciously as they were permitted.

Umar bin abdul aziz, a muslim caliph found it hard to allow the non-muslims to practice their beliefs. He refered the matter to imam basri and asked him,

“ how is it that the wisely guarded caliphs left non-muslims as they are marrying close relatives, eating pork and drinking wine”.

imam basri replied,

“ this is because they paid jizya that they should be left to practice what they believe in and you follow Islamic principles, and do not invent new things”.

Minorities are at liberty to adopt any reasonable and decent profession to earn livelihood. However, they are barred from working in political offices. This is not to discriminate against them, rather, it is aimed at the best interest of the wider muslim-majority.

Islam ensures the fortification and security of the non-muslim minorities. They are under no obligation to serve in the defence of the country. Nevertheless, this service is to be compensated by the payment of jizya. Even islam has laid down certain guiding principles for the collection of jizya. If the non-muslim minorities participate with the muslims in military service then they are not obliged to pay jizya. Similarly, if the country fails to protect the basic and civil rights of the minorities, jizya should be returned.

Like the muslims, non-muslim minority is also entitled to a share in baitul mal if they fulfil the criteria i.e poor, disable and old. Abu ubayd narrated in his book that holy prophet(p.b.u.h) paid a jewish family from baitul maal and the practice continued even after the sad demise of the prophet(p.b.u.h). once, umar bin abdul aziz was on his way to Syria, when he passed by some christain lepers. He summoned his men and asked them that the christains should be provided from zakah and ensured monetary assistance on sustained basis.

Islam has granted rights to the non-minorities, not enjoyed by any minority community in any part of the world. But as barnard shaw rightly said “ liberty means responsibility, that’s why most men dread it”. Non-muslim minorities do not enjoy absolute rights. They are forbidden from speaking malicious or acting in vile manner against, islam, ALLAH or his prophet. Similarly, they are refrained from approaching a muslim woman for zinah or even marriage. They are required. At the same time, if a clash of interest is found between islam and the minorities’s religion, islam law is given preference. For e.g non-muslims are not permitted to preach their religion in an Islamic law, though they consider it an obligation to do so. Islam also enjoins non-muslims to wear a zunnar indicating their faith.

Ergo, it may be concluded that islam has granted non-muslims all the necessary liberties. They are ensured protection of life, privacy, honour, political rights, social rights and even religious rights. Quran and sunnah , the primary sources of Islamic law, time and again have enjoined the adherents to adopt a moderate and fair attitude towards non-muslims. They are commanded to base their relationship on tolerance, justice, honesty and respect .On the other hand, non-muslims are also required to reciprocate the sentiments by abstaining from indulging in anti-islamic propaganda and paying jizya religiously. All those who malign islam by calling it parochial in vision and a religion of fanaticism, extremism and militancy are, basically, those who are prohibited from indulging in unruly behaviour.