The position of non-Muslims living under Islamic rule (dhimmi) is a widely misunderstood topic. Those wishing to attack Islam and its systems portray Islam’s treatment of the dhimmi as worse than its treatment of animals. Historical incidents where dhimmi suffered persecution at particular times are generalised and quoted out of context in order to back up their claims.Joseph Farah, founder of the WorldNetDaily news site states:Under Islamic Shari’ah law, non-believers – Christians and Jews anyway – are permitted to live as long as they support Islam through their Dhimmi taxes and are willing to accept what amounts to a third- or fourth-class servile existence, always subject to pogroms, false accusations and ill treatment. Dhimmis always live in fear.1Melanie Philips, prominent UK based Zionist author and commentator states:
‘Dhimmi’ is the status of infidels under Islam who are permitted to live in Muslim jurisdictions but only with restrictions as second-class citizens.2To answer this accusation that dhimmi are second-class citizens who will have a miserable existence living in a future Khilafah we need to look at Islam’s view on citizenship and how it applies to non-Muslims.Citizenship in IslamCitizenship in Islam is based on someone permanently living within the lands of the Khilafah regardless of their ethnicity or creed. It is not a requirement for someone to become Muslim and adopt the values of Islam in order to become a citizen of the state. Muslims living outside the Islamic State do not enjoy the rights of citizenship, whereas a non-Muslim living permanently within the Islamic State (dar ul-Islam) does. This is derived from the following hadith.
The Prophet (saw) said: ‘Call them to Islam, and if they agree accept from them and refrain from fighting against them, then call them to move from their land to the land of the Muhajireen (the emigrants), and tell them if they do so, then they will have the rights which the Muhajireen enjoy and they will have duties like the duties upon the Muhajireen.’3 This hadith means if they do not move to the land of the Muhajireen they would not enjoy what the Muhajireen enjoy, i.e. the rights of those who are living in the land of Islam. So this Hadith clearly shows the difference between those who move to the land of the Muhajireen and those who do not move to the land of the Muhajireen. Dar ul-Muhajireen was the land of Islam (Dar ul-Islam) at the time of the Prophet (saw), and all other lands were Dar ul-Kufr.4The Islamic state is forbidden from discriminating between citizens on the basis of race, creed, colour or anything else. In origin all the rules of Islam apply equally to Muslims and non-Muslims. The Islamic scholars have agreed, especially the scholars of Usul (foundations), that the divine rules are addressed to every sane person able to understand the speech, whether he is Muslim or not, male or female.5However, there are exceptions to this. If the Shari’ah rule is dependent on belief in Islam such as praying salah or giving the zakat tax then it applies only to Muslims. These exceptions are not discriminatory rules as some have claimed, but take in to account the beliefs and values of the citizen so as not to cause oppression to them. They in no way detract from being equal citizens. Categories of non-Muslims in the KhilafahThere are four main categories of non-Muslims in the Khilafah.
‘Dhimmi’ is the status of infidels under Islam who are permitted to live in Muslim jurisdictions but only with restrictions as second-class citizens.2To answer this accusation that dhimmi are second-class citizens who will have a miserable existence living in a future Khilafah we need to look at Islam’s view on citizenship and how it applies to non-Muslims.Citizenship in IslamCitizenship in Islam is based on someone permanently living within the lands of the Khilafah regardless of their ethnicity or creed. It is not a requirement for someone to become Muslim and adopt the values of Islam in order to become a citizen of the state. Muslims living outside the Islamic State do not enjoy the rights of citizenship, whereas a non-Muslim living permanently within the Islamic State (dar ul-Islam) does. This is derived from the following hadith.
The Prophet (saw) said: ‘Call them to Islam, and if they agree accept from them and refrain from fighting against them, then call them to move from their land to the land of the Muhajireen (the emigrants), and tell them if they do so, then they will have the rights which the Muhajireen enjoy and they will have duties like the duties upon the Muhajireen.’3 This hadith means if they do not move to the land of the Muhajireen they would not enjoy what the Muhajireen enjoy, i.e. the rights of those who are living in the land of Islam. So this Hadith clearly shows the difference between those who move to the land of the Muhajireen and those who do not move to the land of the Muhajireen. Dar ul-Muhajireen was the land of Islam (Dar ul-Islam) at the time of the Prophet (saw), and all other lands were Dar ul-Kufr.4The Islamic state is forbidden from discriminating between citizens on the basis of race, creed, colour or anything else. In origin all the rules of Islam apply equally to Muslims and non-Muslims. The Islamic scholars have agreed, especially the scholars of Usul (foundations), that the divine rules are addressed to every sane person able to understand the speech, whether he is Muslim or not, male or female.5However, there are exceptions to this. If the Shari’ah rule is dependent on belief in Islam such as praying salah or giving the zakat tax then it applies only to Muslims. These exceptions are not discriminatory rules as some have claimed, but take in to account the beliefs and values of the citizen so as not to cause oppression to them. They in no way detract from being equal citizens. Categories of non-Muslims in the KhilafahThere are four main categories of non-Muslims in the Khilafah.
These are:1. Mu’ahid2. Must’amin3. Ambassadors, diplomats, consuls and envoys4. DhimmiThe Mu’ahid is a citizen of a foreign state with which the Khilafah has a treaty. The citizens of this state (mu’ahideen) can enter the Khilafah without a passport or visa if this is reciprocated to the citizens of the Khilafah.6The Must’amin is a citizen of a foreign state with which the Khilafah has no treaty. These states are the imperialistic states such as Britain, America, Russia and France. The citizens of these states can enter the Khilafah but only with a passport and valid visa. Once they have received a valid visa and enter the state they are termed Must’amin.7If the Mu’ahid or Must’amin stays for more than one year within the Khilafah then their stay is considered permanent and they are required to pay the jizya (head tax) and will become dhimmi.8When discussing the rights and responsibilities of the dhimmi in this article these for the most part apply equally to both the Mu’ahid and the Must’amin. The exceptions are in the specific terms of the treaties and visa applications adopted by the Khaleefah.The Ambassadors, diplomats, consuls and envoys from the foreign states have diplomatic immunity and the rules of Islam do not apply on them.9The DhimmiDhimmi are those citizens of the Khilafah that hold different beliefs and values to the ideology of the state i.e. Islam. The word dhimmi is derived from the Arabic word dhimmah, which means pledge or covenant (‘ahd).10The state makes a pledge to treat the dhimmi in accordance with the specific terms of the peace treaty made with them (if applicable) and not to interfere in their beliefs, worships and those actions that contradict Islam but were permitted to the dhimmi by the Messenger of Allah (saw) such as drinking alcohol. In all other areas they are viewed and treated in the same way as Muslims unless belief in Islam is a condition for the action.There are many ahadith ordering good treatment of the dhimmi and not abusing them or treating them as second-class citizens.
The Messenger of Allah (saw) said: “He who harms a person under covenant, or charged him more than he can, I will argue against him on the Day of Judgement.”11
The Messenger of Allah (saw) said: “He who hurts a dhimmi hurts me, and he who hurts me annoys Allah.”
The Messenger of Allah (saw) said: “He who harms a person under covenant, or charged him more than he can, I will argue against him on the Day of Judgement.”11
The Messenger of Allah (saw) said: “He who hurts a dhimmi hurts me, and he who hurts me annoys Allah.”
Conclusion
The dhimmi are citizens of the Khilafah and enjoy all the rights of citizenship such as protection, guaranteed living and fair treatment. They also enjoy the right of being treated with kindness, leniency, justice and clemency. They can join the Islamic armed forces and fight alongside the Muslims if they choose to do so, but they are not obliged to fight as the Muslims are. They are viewed by the ruler and the judge in the same light as the Muslims are viewed without any discrimination in terms of managing their affairs and when implementing the rules of transactions (mu’amilat) and the penal code (hudud) upon them. Therefore, the dhimmi enjoys all the rights, equally and exactly as those enjoyed by the Muslims and is in no way classed as a second class citizen.50
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