POWER OF THE SOVEREIGN TO IMPOSE TAXESThat to impose taxes belongs to the sovereign, and to him only, is undoubted. But it has been doubted, whether even King and parliament, who pos-sess the sovereign authority in Britain, can legally impose a tax without consent of the people. The celebrated Locke, in his essay on Government (a) , lays down the following proposition as fundamental. Tis true, governments cannot be supported without great charge; and tis fit every one who enjoys his share of protection should pay out of his estate his proportion for the maintenance of it. But still it must be with his own consent, i.e. the consent of the majority, giving it either by themselves, or their representatives chosen by them; for if any one shall claim a power to lay and levy taxes on the people by his own authority, and without such consent of the people, he thereby invades the fundamental law of property, and subverts the end of government. For what property have I in that which another may by right take when he pleases to himself? No author has reflected more honour on his native country, and on mankind, than Mr. Locke. Yet no name is above truth; and I am obliged to observe, tho with regret, that in the forego-ing reasoning the right of imposing taxes is laid upon a very crazy foundation. It may indeed be said with some colour, that the freeholders virtually impower their representatives to tax them. But their vassals and tenants, who have no vote in electing members of parliament, empower none to tax them: yet they are taxed like others; and so are the vassals and tenants of peers. Add to these an immense number of artisans, manufacturers, day-labourers, domestics, &c. &c. with the whole female sex; and it will appear, that those who are represented in parliament, make not the hundreth part of the taxable people. But further, it is acknowledged by our author, that the majority of the Lords and Commons must bind the minority. This circumstance might have opened his eyes: for surely the minority in this case are bound without their consent; nay, against their consent. That a state cannot tax its subjects without their consent, is a rash proposition, totally subversive of government. Locke himself has suggested the solid foundation of taxes, tho inadvertently he lays no weight on it. I borrow his own words: That every one who enjoys his share of protection, should pay out of his estate his proportion for the maintenance of the government. The duties of sovereign and of subject are reciprocal; and common justice requires, that a subject, or any person who is protected by a government, ought to pay for that protection. Similar instances without number of such reciprocal duties, occur in the laws of every civilized nation. A man calls for meat and drink in a tavern: is he not bound to pay, tho he made no agreement beforehand? A man wafted over a river in a ferry-boat, must pay the common fare, though he made no promise. Nay, it is every mans interest to pay for protection: government cannot subsist without a public fund: and what will become of individuals, when left open to every rapacious invader? Thus taxes are implied in the very nature of government; and the interposition of sovereign authority is only necessary for determining the expediency of a tax; and the quota, if found expedient.Many writers, misled by the respectable authority of Locke, boldly maintain, that a British parliament cannot legally tax the American colonies, who are not represented in parliament. This proposition, which has drawn the attention of the public of late years has led me to be more explicit on the power of imposing taxes, than otherwise would be necessary. Those who favour the independence of our colonies urge, That a man ought to have the disposal of what he acquires by honest industry, subject to no control: whence the necessity of a parliament for imposing taxes, where every individual is either personally present, or by a representative of his own election. The aid accordingly given to a British sovereign, is not a tribute, but a free and voluntary gift. What is said above will bring the dispute within a very narrow compass. If our colonists be British subjects, which hitherto has not been controverted, they are subjected to the British legislature in every article of government; and as from the beginning they have been protected by Britain, they ought, like other subjects, to pay for that protection. There never was a time less favourable to their claim of freedom from taxes, than the close of the late war with France.2 Had not Britain seasonably interposed, they would have been swallowed up by France, and become slaves to despotism.If it be questioned, By what acts is a man understood to claim protection of a government; I answer, By setting his foot within the territory. If, upon landing at Dover, a foreigner be robbed, the law interposes for him as for a native. And as he is thus protected, he pays for protection when he purchases a pair of shoes, or a bottle of beer. The case is clear, with respect to a man who can chuse the place of his residence. But what shall be said of children, who are not capable of choice, nor of consent? They are protected; and protection implies the reciprocal duty of paying taxes. As soon as a young man is capable of acting for himself, he is at liberty to chuse other protectors, if those who have hitherto protected him be not to his taste.If a legal power to impose taxes without consent of the people, did necessarily imply a legal power to impose taxes at pleasure, without limitation, Lockes argument would be invincible, in a country of freedom at least. A power to impose taxes at pleasure, would indeed be an invasion of the fundamental law of property; because, under pretext of taxing, it would subject every mans property to the arbitrary will of the sovereign. But the argument has no weight, where the sovereigns power is limited. The reciprocal duties between sovereign and subject imply, that the people ought to contribute what sums are necessary for the support of government, and that the sovereign ought not to demand more. It is true, that there is no regular check against him, when he transgresses his duty in this particular: but there is an effectual check in the nature of every government that is not legally despotic, viz. a general concert among all ranks, to vindicate their liberty against a course of violence and oppression; and multiplied acts of that kind have more than once brought about such a concert.As every member of the body-politic is under protection of the government, every one of them, as observed above, ought to pay for being protected; and yet this proposition has been controverted by an author of some note (a) ; who maintains, That the food and raiment furnished to the society by husbandmen and manufacturers, are all that these good people are bound to contribute: and supposing them bound to contribute more, it is not till others have done as much for the public. At that rate, lawyers and physicians ought also to be exempted from contributing; especially those who draw the greatest sums, because they are supposed to do the most good. That argument, the suggestion of a benevolent heart, is no proof of an enlightened understanding. The labours of the farmer, of the lawyer, of the physician, contribute not a mite to the public fund, nor tend to defray the expence of government. The luxurious proprietor of a great estate has a still better title to be exempted than the husbandman; because he is a great benefactor to the public, by giving bread to a variety of industrious people. In a word, every man ought to contribute for being protected; and if a husbandman be protected in working for himself one-and-fifty weeks yearly, he ought thankfully to work one week more, for defraying the expence of that protection. [(a) ]Chap. 11. 140.[2. ]Kames is presumably referring to the Seven Years War, which ended in 1763.[(a) ]Lami des hommes [[i.e., Mirabeau.

Rights of Non-Muslims in anIslamic StateBy Samuel Shahid FOREWORD Recently a few books have been written about the rights of non-Muslims who are subjugated to the rule of the Islamic law. Most of these books presented the Islamic view in a favorable fashion, without unveiling the negative facet inherited in these laws.This brief study attempts to examine these laws as they are stated by the Four Schools of the Fiqh (jurisprudence). It aims at revealing to the reader the negative implications of these laws without ignoring the more tolerant views of modern reformers.Our ardent hope that this study will reveal to our readers the bare truth in its both positive and negative facets.S.S. Concept of "Islamic State""An Islamic state is essentially an ideological state, and is thus radically different from a national state." This statement made by Mawdudi lays the basic foundation for the political, economical, social, and religious system of all Islamic countries which impose the Islamic law. This ideological system intentionally discriminates between people according to their religious affiliations. Mawdudi, a prominent Pakistani Muslim scholar, summarizes the basic differences between Islamic and secular states as follows:1) An Islamic state is ideological. People who reside in it are divided into Muslims, who believe in its ideology and non-Muslims who do not believe.2) Responsibility for policy and administration of such a state "should rest primarily with those who believe in the Islamic ideology." Non-Muslims, therefore, cannot be asked to undertake or be entrusted with the responsibility of policymaking.3) An Islamic state is bound to distinguish (i.e. discriminates) between Muslims and non-Muslims. However the Islamic law "Shari`a" guarantees to non-Muslims "certain specifically stated rights beyond which they are not permitted to meddle in the affairs of the state because they do not subscribe to its ideology." Once they embrace the Islamic faith, they "become equal participants in all matters concerning the state and the government."The above view is the representative of the Hanifites, one of the four Islamic schools of jurisprudence. The other three schools are the Malikites, the Hanbilites (the strictest and the most fundamentalist of all), and the Shafi`ites. All four schools agree dogmatically on the basic creeds of Islam but differ in their interpretations of Islamic law which is derived from four sources:a) Qur'an (read or recite): The sacred book of Muslim community containing direct quotes from Allah as allegedly dictated by Gabriel.b) Hadith (narrative): The collections of Islamic traditions including sayings and deeds of Muhammad as heard by his contemporaries, first, second, and third hand.c) Al-Qiyas (analogy or comparison): The legal decision drawn by Islamic Jurists based on precedent cases.d) Ijma' (consensus): The interpretations of Islamic laws handed down by the consensus of reputed Muslim scholars in a certain country. Textual laws prescribed in the Qur'an are few. The door is left wide open for prominent scholars versed in the Qur'an, the Hadith, and other Islamic discipline to present their Fatwa (legal opinion) as we shall see later.Classification of Non-Muslims: In his article, "The Ordinances of the People of the Covenant and the Minorities in an Islamic State," Sheikh Najih Ibrahim Ibn Abdullah remarks that legists classify non-Muslims or infidels into two categories: Dar-ul-Harb or the household of War, which refers to non-Muslims who are not bound by a peace treaty, or covenant, and whose blood and property are not protected by the law of vendetta or retaliation; and Dar-us-Salam or the household of Peace, which refers to those who fall into three classifications:1) Zimmis (those in custody) are non-Muslim subjects who live in Muslim countries and agree to pay the Jizya (tribute) in exchange for protection and safety, and to be subject to Islamic law. These enjoy a permanent covenant.2) People of the Hudna (truce) are those who sign a peace treaty with Muslims after being defeated in war. They agree to reside in their own land, yet to be subject to the legal jurisprudence of Islam like Zimmis, provided they do not wage war against Muslims.3) Musta'min (protected one) are persons who come to an Islamic country as messengers, merchants, visitors, or student wanting to learn about Islam. A Musta'min should not wage war against Muslims and he is not obliged to pay Jizya, but he would be urged to embrace Islam. If a Musta'min does not accept Islam, he is allowed to return safely to his own country. Muslims are forbidden to hurt him in any way. When he is back in his own homeland, he is treated as one who belongs to the Household of War. This study will focus on the laws pertaining to Zimmis.Islamic Law and ZimmisMuslim Muftis (legal authorities) agree that the contract of the Zimmis should be offered primarily to the People of the Book, that is, Christians and Jews, then to the Magis or Zoroastrians. However, they disagree on whether any contract should be signed with other groups such as communists or atheists. The Hanbalites and the Shafi`ites believe that no contract should be made with the ungodly or those who do not believe in the supreme God. Hanifites and Malikites affirm that the Jizya may be accepted from all infidels regardless of their beliefs and faith in God. Abu Hanifa, however, did not want pagan Arabs to have this option because they are the people of the Prophet. They. must be given only two options: accept Islam or be killed.The Jizya (tribute)Jizya literally means penalty. It is a protection tax levied on non-Muslims living under Islamic regimes, confirming their legal status. Mawdudi states that "the acceptance of the Jizya establishes the sanctity of their lives and property, and thereafter neither the Islamic state, nor the Muslim public have any right to violate their property, honor or liberty." Paying the Jizya is a symbol of humiliation and submission because Zimmis are not regarded as citizens of the Islamic state although they are, in most cases, natives to the country.Such an attitude alienates the Zimmis from being an essential part of the community. How can a Zimmi feel at home in his own land, among his own people, and with his own government, when he knows that the Jizya, which he pays, is a symbol of humiliation and submission? In his book The Islamic Law Pertaining to non-Muslims, Sheikh `Abdulla Mustafa Al-Muraghi indicates that the. Jizya can only be exempted from the Zimmi who becomes a Muslim or dies. The Shafi`i reiterates that the Jizya is not automatically put aside when the Zimmi embraces Islam. Exemption from the Jizya has become an incentive to encourage Zimmis to relinquish their faith and embrace Islam.Sheik Najih Ibrahim Ibn Abdulla summarizes the purpose of the Jizya. He says, quoting Ibn Qayyim al-Jawziyya, that the Jizya is enacted: "...to spare the blood (of the Zimmis), to be a symbol of humiliation of the infidels and as an insult and punishment to them, and as the Shafi`ites indicate, the Jizya is offered in exchange for residing in an Islamic country." Thus Ibn Qayyim adds, "Since the entire religion belongs to God, it aims at humiliating ungodliness and its followers, and insulting them. Imposing the Jizya on the followers of ungodliness and oppressing them is required by God's religion. The Qur'anic text hints at this meaning when it says: `until they give the tribute by force with humiliation.' (Qur'an 9:29). What contradicts this is leaving the infidels to enjoy their might and practice their religion as they wish so that they would have power and authority."

Zimmis and Religious PracticesMuslims believe that the Zimmis are Mushrikun (polytheists) for they see the belief in the Trinity as belief in three gods. Islam is the only true religion, they claim. Therefore, to protect Muslims from corruption, especially against the unforgivable sin of shirk (polytheism), its practice is forbidden among Muslims, because it is considered the greatest abomination. When Christians practice it publicly, it becomes an enticement and exhortation to apostasy. It is significant here to notice that according to Muraghi, Zimmis and infidels are polytheists and therefore, must have the same treatment.According to Muslim jurists, the following legal ordinances must be enforced on Zimmis (Christians and Jews alike) who reside among Muslims:1) Zimmis are not allowed to build new churches, temples, or synagogues. They are allowed to renovate old churches or houses of worship provided they do not allow to add any new construction. "Old churches" are those which existed prior to Islamic conquests and are included in a peace accord by Muslims. Construction of any church, temple, or synagogue in the Arab Peninsula (Saudi Arabia) is prohibited. It is the land of the Prophet and only Islam should prevail there. Yet, Muslims, if they wish, are permitted to demolish all non-Muslim houses of worship in any land they conquer.2) Zimmis are not allowed to pray or read their sacred books out loud at home or in churches, lest Muslims hear their prayers.3) Zimmis are not allowed to print their religious books or sell them in public places and markets. They are allowed to publish and sell them among their own people, in their churches and temples.4) Zimmis are not allowed to install the cross on their houses or churches since it is a symbol of infidelity.5) Zimmis are not permitted to broadcast or display their ceremonial religious rituals on radio or television or to use the media or to publish any picture of their religious ceremonies in newspaper and magazines.6) Zimmis are not allowed to congregate in the streets during their religious festivals; rather, each must quietly make his way to his church or temple.7) Zimmis are not allowed to join the army unless there is indispensable need for them in which case they are not allowed to assume leadership positions but are considered mercenaries. Mawdudi, who is a Hanifite, expresses a more generous opinion toward Christians. He said:"In their own towns and cities they are allowed to do so (practice their religion) with the fullest freedom. In purely Muslim areas, however, an Islamic government has full discretion to put such restrictions on their practices as it deems necessary." Apostasy in IslamApostasy means rejection of the religion of Islam either by action or the word of the mouth. "The act of apostasy, thus, put an end to one's adherence to Islam." when one rejects the fundamental creeds of Islam, he rejects the faith, and this is an act of apostasy such an act is a grave sin in Islam. The Qur'an indicates,"How shall Allah guide those who reject faith after they accepted it and bore witness that the Apostle was true and the clear sign had come unto them. But Allah guides not the people of unjust of such the reward is that on them rests the curse of Allah, of His angels and of all mankind in that will they dwell; nor will their penalty be lightened, nor respite be their lot, except for those that repent after that and make amends; for verily Allah is Oft-forging, Most Merciful (Qur'an 3:86-89). Officially, Islamic law requires Muslims not to force Zimmis to embrace Islam. It is the duty of every Muslim, they hold, to manifest the virtues of Islam so that those who are non-Muslims will convert willingly after discovering its greatness and truth. Once a person becomes a Muslim, he cannot recant. If he does, he will be warned first, then he will be given three days to reconsider and repent. If he persists in his apostasy, his wife is required to divorce him, his property is confiscated, and his children are taken away from him. He is not allowed to remarry. Instead, he should be taken to court and sentenced to death. If he repents, he may return to his wife and children or remarry. According to the Hanifites an apostate female is not allowed to get married. She must spend time in meditation in order to return to Islam. If she does not repent or recant, she will not be sentenced to death, but she is to be persecuted, beaten and jailed until she dies. Other schools of Shari`a demand her death. The above punishment is prescribed in a Hadith recorded by the Bukhari: "It is reported by `Abaas ... that the messenger of Allah ... said, `Whosoever changes his religion (from Islam to any other faith), kill him."In his book Shari`ah: The Islamic Law, Doi remarks, "The punishment by death in the case of Apostasy has been unanimously agreed upon by all the four schools of Islamic jurisprudence."A non-Muslim wishing to become a Muslim is encouraged to do so and anyone, even a father or a mother, who attempts to stop him, may be punished. However, anyone who makes an effort to proselytize a Muslim to any other faith may face punishment.Civic LawsZimmis and Muslims are subject to the same civic laws. They are to be treated alike in matters of honor, theft, adultery, murder, and damaging property. They have to be punished in accordance with the Islamic law regardless of their religious affiliation. Zimmis and Muslims alike are subject to Islamic laws in matters of civic business, financial transactions such as sales, leases, firms, establishment of companies, farms, securities, mortgages, and contracts. For instance, theft is punishable by cutting off the thief's hand whether he is a Muslim or a Christian. But when it comes to privileges, the Zimmis do not enjoy the same treatment. For instance, Zimmis are not issued licenses to carry weapons.Marriage and ChildrenA Muslim male can marry a Zimmi girl, but a Zimmi man is not allowed to marry a Muslim girl. If a woman embraces Islam and wants to get married, her non-Muslim father does not have the authority to give her away to her bridegroom. She must be given away by a Muslim guardian.If one parent is a Muslim, children must be raised as Muslims. If the father is a Zimmi and his wife converts to Islam, she must get a divorce; then she will have the right of custody of her child. Some fundamentalist schools indicate that a Muslim husband has the right to confine his Zimmi wife to her home and restrain her from going to her own house of worship.Capital PunishmentThe Hanifites believe that both Zimmis and Muslims must suffer the same Penalty for similar crimes. If a Muslim kills a Zimmi intentionally, he must be killed in return. The same applies to a Christian who kills a Muslim. But other schools of Law have different interpretations of Islamic law. The Shafi`ites declare that a Muslim who assassinates a Zimmi must not be killed, because it is not reasonable to equate a Muslim with a polytheist (Mushrik). In such a case, blood price must be paid. The penalty depends on the school of law adopted by the particular Islamic country where the crime or offense is committed. This illustrates the implication of different interpretations of the Islamic law based on the Hadith.Each school attempts to document its legal opinion by referring to the Hadith or to an incident experienced by the Prophet or the "rightly guided" Caliphs.The Witness of ZimmisZimmis cannot testify against Muslims. They can only testify against other Zimmis or Musta'min. Their oaths are not considered valid in an Islamic court. According to the Shari`a, a Zimmi is not even qualified to be under oath. Muraghi states bluntly, "The testimony of a Zimmi is not accepted because Allah - may He be exalted - said: `God will not let the infidels (kafir) have an upper hand over the believers'." A Zimmi, regarded as an infidel, cannot testify against any Muslim regardless of his moral credibility. If a Zimmi has falsely accused another Zimmi and was once punished, his credibility and integrity is tarnished and his testimony is no longer acceptable. One serious implication of this is that if one Muslim has committed a serious offense against another, witnessed by Zimmis only, the court will have difficulty deciding the case since the testimonies of Zimmis are not acceptable. Yet, this same Zimmi whose integrity is blemished, if he converts to Islam, will have his testimony accepted against the Zimmis and Muslims alike, because according to the Shari`a, "By embracing Islam he has gained a new credibility which would enable him to witness..." All he has to do is to utter the Islamic confession of faith before witnesses, and that will elevate him from being an outcast to being a respected Muslim enjoying all the privileges of a devout Muslim.Personal LawOn personal matters of marriages, divorces, and inheritance, Zimmis are allowed to appeal to their own religious courts. Each Christian denomination has the right and authority to determine the outcome of each case. Zimmis are free to practice their own social and religious rites at home and in church without interference from the state, even in such matters as drinking wine, rearing pigs, and eating pork, as long as they do not sell them to Muslims. Zimmis are generally denied the right to appeal to an Islamic court in family matters, marriage, divorce, and inheritance. However, in the event a Muslim judge agrees to take such a case, the court must apply Islamic law.Political Rights and DutiesThe Islamic state is an ideological state, thus the head of the state inevitably must be a Muslim, because he is bound by the Shari`a to conduct and administer the state in accordance with the Qur'an and the Sunna. The function of his advisory council is to assist him in implementing the Islamic principles and adhering to them. Anyone who does not embrace Islamic ideology cannot be the head of state or a member of the council.Mawdudi, aware of the requirements of modern society, seems to be more tolerant toward Zimmis. He says,"In regard to a parliament or a legislature of the modern type which is considerably different from the advisory council in its traditional sense, this rule could be relaxed to allow non-Muslims to be members provided that it has been fully ensured in the constitution that no law which is repugnant to the Qur'an and the Sunna should be enacted, that the Qur'an and the Sunna should be the chief source of public law, and that the head of the state should necessarily be a Muslim." Under these circumstances, the sphere of influence of non-Muslim minorities would be limited to matters relating to general problems of the country or to the interest of the minorities. Their participation should not damage the fundamental requirement of Islam. Mawdudi adds,"It is possible to form a separate representative assembly for all non-Muslim groups in tbe capacity of a central agency. The membership and the voting rights of such an assembly will be confined to non-Muslims and they would be given the fullest freedom within its frame-work." These views do not receive the approval of most other schools of the Shari`a which hold that non-Muslims are not allowed to assume any position which might bestow on them any authority over any Muslim. A position of sovereignty demands the implementation of Islamic ideology. It is alleged that a non-Muslim (regardless of his ability, sincerity, and loyalty to his country) cannot and would not work faithfully to achieve the ideological and political goals of Islam.Business WorldThe political arena and the official public sectors are not the only area in which non-Muslims are not allowed to assume a position of authority. A Muslim employee who works in a company inquires in a letter "if it is permissible for a Muslim owner (of a company) to confer authority on a Christian over other Muslims? (Al-Muslim Weekly; Vol. 8; issue No. 418; Friday 2, 5, 1993).In response to this inquiry three eminent Muslim scholars issued their legal opinions: Sheikh Manna` K. Al-Qubtan, professor of Higher studies at the School of Islamic Law in Riyadh, indicates that: Basically, the command of non-Muslims over Muslims in not admissible, because God Almighty said: 'Allah will not give access to the infidels (i.e. Christians) to have authority over believers (Muslims) {Qur'an 4:141}. For God - Glory be to Him - has elevated Muslims to the highest rank (over all men) and foreordained to them the might, by virtue of the Qurtanic text in which God the Almighty said: 'Might and strength be to Allah, the Prophet (Muhammad) and the believers (Muslims) {Qur'an 63:8}. Thus, the authority of non-Muslim over a Muslim is incompatible with these two verses, since the Muslim has to submit to and obey whoever is in charge over him. The Muslim, therefore becomes inferior to him, and this should not be the case with the Muslim. Dr. Salih Al-Sadlan, professor of Shari`a at the School of Islamic Law, Riyadh, cites the same verses and asserts that it is not permissible for a infidel (in this case is a Christian) to be in charge over Muslims whether in the private or public sector. Such an act: "entails the humiliaton of the Muslim and the exaltation of the infidel (Christian). This infidel may exploit his position to humiliate and insult the Muslims who work under his administration. It is advisable to the company owner to fear God Almighty and to authorize only a Muslim over the Muslims. Also, the injunctions issued by the ruler, provides that an infidel should not be in charge when there is a Muslim available to assume the command. Our advice to the company owner is to remove this infidel and to replace him with a Muslim." In his response Dr. Fahd Al-`Usaymi, professor of Islamic studies at the Teachers' College in Riyadh, remarks that the Muslim owner of the company should seek a Muslim employee who is better than the Christian (manager), or equal to him or even less qualified but has the ability to be trained to obtain the same skill enjoyed by the Christian. It is not permissible for a Christian to be in charge of Muslims by the virtue of the general evidences which denote the superiority of the Muslim over others. Then he quotes (Qur'an 63:8) and also cites verse 22 of Chapter 58:Thou wilt not find any people who believe in Allah and the Last Day, loving those who resist Allah and His Apostle, even though they were their fathers or their sons, or their brothers, or their kindred. `Usaymi claims that being under the authority of a Christian may force Muslims to flatter him and humiliate themselves to this infidel on the hope to obtain some of what he has. This is against the confirmed evidences. Then he alludes to the story of Umar Ibn Al-Khattab the second Caliph, who was displeased with one of his governors who appointed a Zimmi as a treasurer, and remarked: "Have the wombs of women become sterile that they gave birth only to this man?" Then `Usaymi adds:Muslims should fear God in their Muslim brothers and train them... for honesty and fear of God are, originally, in the Muslim, contrary to the infidel (the Christian) who, originally, is dishonest and does not fear God. Does this mean that a Christian who owns a business cannot employ a Muslim to work for him? Even worse, does this mean that a Zimmi, regardless of his unequal qualification, cannot be appointed to the right position where he would serve his country the best? This question demands an answer.Freedom of ExpressionMawdudi, who is more lenient than most Muslim scholars, presents a revolutionary opinion when he emphasizes that in an Islamic state:"all non-Muslims will have the freedom of conscience, opinion, expression, and association as the one enjoyed by Muslims themselves, subject to the same limitations as are imposed by law on Muslims." Mawdudi's views are not accepted by most Islamic schools of law, especially in regard to freedom of expression like criticism of Islam and the government. Even in a country like Pakistan, the homeland of Mawdudi, it is illegal to criticize the government or the head of state. Many political prisoners are confined to jails in Pakistan and most other Islamic countries. Through the course of history. except in rare cases, not even Muslims have been given freedom to criticize Islam without being persecuted or sentenced to death. It is far less likely for a Zimmi to get away with criticizing Islam.In Mawdudi's statement, the term "limitations" is vaguely defined. If it were explicitly defined, you would find, in the final analysis, that it curbs any type of criticism against the Islamic faith and government.Moreover, how can the Zimmis express the positive aspects of their religion when they are not allowed to use the media or advertise them on radio or TV? Perhaps Mawdudi meant by his proposals to allow such freedom to Zimmis only among themselves. Otherwise, they would be subject to penalty. Yet, Muslims are allowed, according to the Shari`a (law) to propagate their faith among all religious sects without any limitations.Muslims and ZimmisRelationships between Muslims and Zimmis are classified in two categories: what is forbidden and what is allowable.I. The Forbidden: A Muslim is not allowed to: 1. emulate the Zimmis in their dress or behavior.2. attend Zimmi festivals or support them in any way which may give them any power over Muslims.3. lease his house or sell his land for the construction of a church, temple, liquor store, or anything that may benefit the Zimmi's faith.4. work for Zimmis in any job that might promote their faith such as constructing a church.5. make any endowment to churches or temples.6. carry any vessel that contains wine, work in wine production, or transport pigs.7. address Zimmis with any title such as: "my master" or "my lord."II. The Allowable A Muslim is allowed to: 1. financially assist the Zimmis, provided the money is not used in violation of Islamic law like buying wine or pork.2. give the right of pre-emption (priority in buying property) to his Zimmi neighbor. The Hanbilites disapprove of this.3. eat food prepared by the People of the Book.4. console the Zimmis in an illness or in the loss of a loved one. It is also permissible for a Muslims to escort a funeral to the cemetery, but he has to walk in front of the coffin, not behind it, and he must depart before the deceased is buried.5. congratulate the Zimmis for a wedding, birth of a child, return from a long trip, or recovery from illness. However, Muslims are warned not to utter any word which may suggest approval of the Zimmis' faith, such as: "May Allah exalt you," "May Allah honor you," or "May Allah give your religion victory."ConclusionThis study shows us that non-Muslims are not regarded as citizens by any Islamic state, even if they are original natives of the land. To say otherwise is to conceal the truth. Justice and equality require that any Christian Pakistani, Melanesian, Turk, or Arab be treated as any other citizen of his own country. He deserves to enjoy the same privileges of citizenship regardless of religious affiliation. To claim that Islam is the true religion and to accuse other religions of infidelity is a social, religious and legal offense against the People of the Book.Christians believe that their religion is the true religion of God and Islam is not. Does that mean that Great Britain, which is headed by a Queen, the head of the Anglican Church, should treat its Muslim subjects as a second class? Moreover, why do Muslims in the West enjoy all freedoms allotted to all citizens of these lands, while Muslim countries do not allow native Christians the same freedom? Muslims in the West build mosques, schools, and educational centers and have access to the media without any restriction. They publicly advertise their activities and are allowed to distribute their Islamic materials freely, while native Christians of any Islamic country are not allowed to do so. Why are Christians in the West allowed to embrace any religion they wish without persecution while a person who chooses to convert to another religion in any Islamic country, is considered an apostate and must be killed if he persists in his apostasy? These questions and others are left for readers to ponder.REFERENCES 1. Abdullah, Najih Ibrahim Bin, The Ordinances of the People of the Covenant and the Minorities in an Islamic State, Balagh Magazine, Cairo, Egypt, Volume 944, May 29, 1988; Volume 945, June 5, 1988.2. Al Muslimun, Vol. 8; issue No, 418; Friday 2, 5, 1993.3. Doi, `Abdur Rahman I.; Shari`a: The Islamic Law; Taha Publishers; London UK; 1984.4. Mawdudi, S. Abul `Ala', The Rights of Non-Muslims in Islamic State, Islamic Publications, LTD. Lahore, Pakistan. 19825. Muraghi, Abdullah Mustapha, Islamic Law Pertaining to Non-Muslims, Library of Letters. Egypt. Undated6. The Status of Non-Muslims In the Islamic State7. 8. By 9. 10. Bassam Zawadi 11. 12. 13. 14. This paper will discuss the status of non-Muslims in an Islamic state. This article will attempt to answer the following questions:15. 16. 17. - What is a dhimmi?18. - What is the Jizyah tax?19. - Who is required to pay the Jizyah tax?20. - Why are Non-Muslims made to pay it? Isn't this Tax Oppressive and Unjust? What benefits would Non-Muslims Get out of paying Jizyah?21. - Why Don't Muslims Get to Pay the Jizyah? Doesn't This Show That There is Discrimination Against Non-Muslims?22. - How Should The Jizyah Tax Be Taken From The Non-Muslims?23. - How Should Muslims Treat Non-Muslims as People?24. - Can Non-Muslims freely practice their faith in an Islamic state?25. - Can Non-Muslims Prosper Under an Islamic State? 26. - Do Non-Muslims Have Rights To Social Justice?27. 28. 29. 30. What is a dhimmi?31. 32. When non Muslim citizens live under Islamic sovereignty, they enjoy a special status and are known along with other minorities as ahl adh dhimma or dhimmis. Dhimma is an Arabic word, which means safety, security, and contract. Hence, they are called dhimmis because they have agreed to a contract by Allah, His Messenger, and the Islamic community, which grants them security. This security granted to dhimmis is like the citizenship granted by a government to an alien who abides by the constitution, thereby earning all the rights of a natural citizen. Thus, upon the preceding basis, a dhimmi is a citizen of the Islamic state, as described by Muslim jurists (See the commentary on As-Sarakhi's As-Siyar Al-Kabir, Volume 1, p. 140; Al-Kasani's Al-Bada'i', Volume 5, p. 281 and Ibn Qudamah's Al-Mughni, Volume 5, p. 516) or a bearer of Islamic nationality, as described by contemporary writers. (See 'Awda, 'Abdul Qadir, Islamic Criminal Legislation, Volume 1, p. 307; Zaydan, 'Abdul Karim, "Ahkam Adh-Dhimmiyyin Wa Al-Musta'minin Fi Dar Al-Islam," pp. 49-51 and 63-66)33. 34. What is the Jizyah tax?35. 36. It is the duty that a non-Muslim has to pay in order to live in the Muslim land. (Ibn Qudamah, Al Mughni, Volume 12, p. 756)37. 38. Who is Required to Pay The Jizyah Tax?39. 40. The treaty of protection made by Khalid ibn Al-Walid with the Christians of Al-Hira in Iraq states:41. 42. 43. Any aged non-Muslim who is unable to earn his livelihood, or is struck by disaster, or who becomes destitute and is helped by the charity of his fellow men will be exempted from the capitation tax and will be supplied with sustenance by the bait al-mal (the government treasury). (Abu Yusuf, Al-Kharaj, p. 144)44. 45. The obligation of paying this tax is also cancelled when non-Muslims participate with Muslims in defending the Islamic state against its enemies. Such conditions were clearly stated in contracts and other documents signed by Muslims and non-Muslims during the reign of Umar ibn Al Khattab. (See Zeidan, 'Abdul Karim, Ahkam-Dhimmiyin Wa Al-Musti'minin Fi Dar Al-Islam, p. 155 ff, and Al-Baladhuri, Futuh Al-Buldan, p. 217, where it is stated that the emissary of Abu 'Ubaida made a compromise with a party of the Christian Jarajima: if they would support the Muslims and keep an eye on their enemies, they would not have to pay the Jizyah)46. 47. Should the Islamic state become unable to abide by the contract, it may not collect the Jizyah. This rule was followed by Abu 'Ubaidah when he learned of the situation in several Syrian cities. Syria had fallen into the hands of the Muslims, but as the Romans were gathering troops to regain it, he decided not to undertake the protection of the non-Muslims. The Jizyah was, therefore, returned with the announcement:48. 49. 50. We have returned your money to you because we have been informed of the gathering of the enemy troops. You people, according to the conditions stipulated in the contract, have obliged us to protect you. Since we are now unable to fulfill these conditions, we are returning your money to you. We will abide by the conditions as agreed upon if we overcome the enemy. (Related by Abu Yusuf in Al-Kharaj)51. 52. 53. Thus, a huge amount was taken from the state treasury and returned to the Christians, making them very happy. They prayed for and blessed the Muslim commanders. They exclaimed, 54. 55. 56. "May Allah help you to overcome your enemies and return you to us safely. If the enemy were in your place, they would never have returned anything to us, but rather they would have taken all our remaining property. (Imam Tabari, Tarikh At-Tabari, Volume 1, p. 2050)57. 58. 59. The Jizyah was also imposed on Muslim men who could afford to buy their way out of military service. If a Christian group elected to serve in the state's military forces, it was exempted from the Jizyah. Historical examples of this abound: the Jarajima, a Christian tribe living near Antioch (now in Turkey), by undertaking to support the Muslims and to fight on the battle front, did not have to pay the Jizyah and were entitled to a share of the captured booty. (Al-Baladhuri, p. 159) When the Islamic conquests reached northern Persia in 22 A.H., a similar covenant was established with a tribe living on the boundaries of those territories. They were consequently exempted from Jizyah in view of their military services. (Ibid.)60. 61. Other examples are to be found during the history of the Ottoman Empire: the Migaris, a group of Albanian Christians, were exempted from the Jizyah for undertaking to watch and guard the mountain ranges of Cithaeron and Geraned (which stretch to the Gulf of Corinth). Christians who served as the vanguard of the Turkish army for road repairs, bridge construction and so on were exempted from the kharaj. As a reward, they were also provided with some lands, free of all taxes. (Ibid.) The Christians of Hydra were exempted when they agreed to supply a group of 250 strong men for the (Muslim) naval fleet. (Marsigli, Militare dell'Imperio Ottomano, Volume 1, p. 86) The Armatolis, Christians from southern Romania, were also exempted from the tax, (Finlay, Volume 6, pp. 30-33) for they constituted a vital element in the Turkish armed forces during the sixteenth and seventeenth centuries. The Mirdites, an Albanian Catholic clan who lived in the mountains of northern Scutari, were exempted on the condition that they would offer an armored battalion in wartime. (Lazar, p. 56) The Jizyah was also not imposed on the Greek Christians who had supervised the building of viaducts, (De Lajanquiere, p. 14) which carried to water to Constantinople, (These bridges were built on pillars, to bring drinking water to the cities. This kind of bridge had been prevalent in the Roman Empire since the first century A.D.) nor on those who guarded the ammunition in that city, (Thomas Smith, p. 324) as just compensation for their services to the state. However, Egyptian Muslim peasants exempted from military services were still required to pay the Jizyah. (Dorostamus, p. 326)62. 63. So as we can see, not all non-Muslims are required to pay the Jizyah tax. There are conditions which may exempt non-Muslims from paying the Jizyah tax, which could be summarized as follows:64. 65. - Women and children are excused absolutely66. - Handicapped, blind and old men, even if they are rich67. - Needy and mad-men68. - Day laborers, servants or wageworkers69. - A chronically ill-man even if he is rich70. - Religious people who keep themselves free for praying and worshipping, i.e. men of churches, cloisters and oratories71. - If a non-Muslim voluntarily participates in military service for protecting the country.72. - If the Islamic state becomes unable to protect non-Muslims, then they are legally exonerated from paying the tax. (See Ibnul Qayyim, Ahkam Ahlul Dhimma, Volume1, pp.8, 15 and al-Shafi', al-Umm pp. 172-1)73. 74. 75. Why are non-Muslims made to pay it? Isn't this Tax Oppressive and Unjust? What benefits would non-Muslims Get out of paying Jizyah?76. 77. Ali ibn Abi Talib, the fourth Caliph, said:78. 79. "They pay capitation tax so that their properties and lives may be as ours." (Al-Mughni, Volume 8, p. 445, Al-Bada'i', Volume 7, p. 111 quoting from Ahkam Adh-Dhimmiyin Wa Al-Musta'minin, p. 89)80. 81. 82. Jizya ensures the safety of the disbelievers in the Muslim land. (Wahba Al Zuhayli, Al Fiqh Al Islami wa adilatuhu, p. 5879)83. 84. 85. The noted historian Sir Thomas W. Arnold in his Call to Islam, states:86. 87. 88. This tax was not imposed on the Christians, as some would have us think, as a penalty for their refusal to accept the Muslim faith, but was paid by them in common with the other dhimmis or non-Muslim subjects of the states whose religion precluded them from serving in the army, in return for the protection secured for them by the arms of the Musalmans. When the people of Hirah contributed the sum agreed upon, they expressly mentioned that they paid this Jizyah on condition that 'the Muslims and their leader protect us from those who would oppress us, whether they be Muslims or others.' (Sir Thomas Arnold, Call To Islam, pp. 79-81)89. 90. 91. The historian Adam Mitz is of the view that because of Islamic tolerance toward non-Muslims and by virtue of the protection granted to them, they paid the Jizyah in accordance with their financial capacities. This Jizyah was like the present-day national defense tax. Only persons who could perform military service were obliged to pay it. So Monks and ascetics were exempted, except for those who could afford to pay. (Islamic Civilization, Volume 1, p. 96) 92. 93. Another reason for this tax on non-Muslims is similar to that used by governments of any age to justify their taxes. All citizens should pay some of the expenses for public services established for the common good, such as courts, police, public works, repairing of roads and bridges, as well as all other services which lead to the enjoyment of a normal life for all. Muslims support these by paying their zakah, sadaqat al-fitr, and other alms. It is therefore not surprising that a minimal tax, such as the Jizyah, should be levied on non-Muslims. The regulations concerning this tax are spelled out by the Maliki school of thought. (See the Risala of Ibn Abi Zaid and the two commentaries upon it by Ibn Naji and Zaruqi, Volume 1, p. 331 ff)94. 95. The good intent behind the term 'dhimmi' can be seen in the letter written by the Caliph Abu Bakr as-Siddiq to the non-Muslims of Najran:96. 97. 'In the Name of God, the Beneficent, the Merciful. This is the written statement of God's slave Abu Bakr, the successor of Muhammad, the Prophet and Messenger of God. He affirms for you the rights of a protected neighbor, in yourselves, your lands, your religious community, your wealth, retainers, and servants, those of you who are present or abroad, your bishops and monks, and monasteries, and all that you own, be it great or small. You shall not be deprived of any of it, and shall have full control over it.' (Abu Yusuf, Kitab al-Kharaj, p. 79)98. 99. 100. If they pay the Jizyah the Imam of the Muslims has to ensure that the Dhimmis are protected from both Muslims and the enemies of the Islamic state. (Ibn Qudamah, Al Mughni, Volume 12, p. 828) and all scholars of jurisprudence have formed a consensus on this issue. (Wahba Al Zuhayli, Al Fiqh Al Islami wa adilatuhu, p. 5884)101. 102. Imam al Maawirdi said that the two main rights that the Muslims must give the dhimmis is that we don't harm them and we ensure their protection by fighting for them. (Al Ahkaam Al Sultaania, p. 143) Imam Nawawi states the same thing. (Mughni al Muhtaaj, Volume 4, p. 253) Imam Al Quraafi gives a statement from Ibn Hazm who stated that if any non-Muslim was under the protection of the Muslims and then the enemy comes to the Muslim land in order to harm the non Muslim, the Muslims should go out and fight the enemy with their weapons and die fighting for those that come under the protection of Allah and His Messenger. (Al Furooq, Volume 3, p. 14-15)103. 104. When the leader of the Tataars conquered Damascus, Shaykh ibn Taymiyyah and another group of scholars went to them pleading that they release the prisoners from both the Muslims and the dhimmis since the Muslims shared the responsibility in protecting the dhimmis and eventually they were freed. (Majmoo' al Fataawa, Volume 28, pp. 617-618)105. 106. The non Muslims and Muslims have equal rights in this connection; the Imam (ruler of the Muslims), by virtue of the executive and military power granted to him by the Islamic Sharia should provide protection for all of them. It is stated in the Hanbali book of Fiqh, Matalib Ula An-Nuha:107. 108. 109. "The ruler of the Muslim community is bound to protect the non-Muslims and to save them from aggression. Should they fall into captivity, the Imam must martial all the resources to secure their release and punish the transgressors against their lives and properties even if they were the sole non-Muslims living in a remote village." (Ibn Al Najaar Al Hanbali, Matalib Ula An-Nuha, Volume 2, p. 602-603)110. 111. 112. In his book Al Furuq, Imam Al Qarafi al-Malaki, quoting from Maratib Al-Ijma' by Ibn Hazm, states:113. 114. 115. "Muslims who have entered into a pact of dhimma, should fight until death with those who try to oppress non-Muslims in the Islamic state in order to abide by the guarantee given to them by Almighty Allah and His Messenger, upon whom be peace. Otherwise they will be considered as traitors."116. 117. 118. The Maliki scholar Shihab al-Din al-Qarafi has stated in his book Al-Furuq,119. 120. 121. "The contract of dhimma gives them certain rights over us because they are in our land under our protection and under the protection of Almighty Allah, His Messenger, and the Islamic religion. (Volume 2, p. 14)122. 123. 124. In this conclusion, Imam Al Qarafi states:125. 126. 127. "A contract whose fulfillment endangers the lives and property of Muslims who are protecting the subjects (non-Muslims) from harm is indeed a great one." (Al-Malaki, Imam Al-Qarafi, Al-Furuq, Volume 3, p. 15, Ahmad ibn Hanbal, Matalib Ula An-Nuha, Volume 2, p. 602-603)128. 129. 130. Why Don't Muslims Get to Pay the Jizyah? Doesn't This Show That There is Discrimination Against Non-Muslims?131. 132. Christians have been constantly criticizing Islam's stance regarding Jizyah. They say that it is meant to oppress them. Besides the fact that this concept is also found in their Bible, I will show that Jizyah is not meant to discriminate against the Christians or Jews.133. Muslims also have to pay a yearly tax called Zakat: 134. 135. Saheeh Bukhari136. 137. Volume 009, Book 088, Hadith Number 208.

Narated By Hudhaifa : Allah's Apostle related to us, two prophetic narrations one of which I have seen fulfilled and I am waiting for the fulfillment of the other. The Prophet told us that the virtue of honesty descended in the roots of men's hearts (from Allah) and then they learned it from the Qur'an and then they learned it from the Sunna (the Prophet's traditions). The Prophet further told us how that honesty will be taken away: He said: "Man will go to sleep during which honesty will be taken away from his heart and only its trace will remain in his heart like the trace of a dark spot; then man will go to sleep, during which honesty will decrease further still, so that its trace will resemble the trace of blister as when an ember is dropped on one's foot which would make it swell, and one would see it swollen but there would be nothing inside. People would be carrying out their trade but hardly will there be a trustworthy person. It will be said, 'in such-and-such tribe there is an honest man,' and later it will be said about some man, 'What a wise, polite and strong man he is!' Though he will not have faith equal even to a mustard seed in his heart." No doubt, there came upon me a time when I did not mind dealing (bargaining) with anyone of you, for if he was a Muslim his Islam would compel him to pay me what is due to me, and if he was a Christian, the Muslim official would compel him to pay me what is due to me, but today I do not deal except with such-and-such person.138. 139. Zakat is binding on property, agriculture, food, jewelry, etc. The Jizyah tax however is not binding on the property and agriculture of the non-Muslims:140. 141. Malik Muwatta142. 143. Book 17, Number 17.24.46: 144. 145. Yahya related to me from Malik that he had heard that Umar ibn Abd al-Aziz wrote to his governors telling them to relieve any people who payed the jizya from paying the jizya if they became muslims.146. Malik said, "The sunna is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma and the magians do not have to pay any zakat on their palms or their vines or their crops or their livestock. This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them. As long as they are in the country they have agreed to live in, they do not have to pay anything on their property except the jizya. If, however, they trade in muslim countries, coming and going in them, a tenth is taken from what they invest in such trade. This is because jizya is only imposed on them on conditions, which they have agreed on, namely that they will remain in their own countries, and that war will be waged for them on any enemy of theirs, and that if they then leave that land to go anywhere else to do business they will haveto pay a tenth. Whoever among them does business with the people of Egypt, and then goes to Syria, and then does business with the people of Syria and then goes to Iraq and does business with them and then goes on to Madina, or Yemen, or other similar places, has to pay a tenth.147. People of the Book and Magians do not have to pay any zakat on any of their property, livestock, produce or crops. The sunna still continues like that. They remain in the deen they were in, and they continue to do what they used to do. If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing."148. 149. Christians might use Surah 9:29 to show that Muslims must fight them until they pay the Jizyah, so this shows discrimination. However, this also applies to the Muslims who do not pay their Zakat. Abu Bakr fought against the Muslims who didn't pay Zakat:150. 151. Saheeh Muslim152. 153. Book 001, Hadith Number 0029.------------------------------Chapter : Command for fighting against the people so long as they do not profess that there is no god but Allah and Muhammad is His Messenger.

It is narrated on the authority of Abu Huraira that when the Messenger of Allah (may peace be upon him) breathed his last and Abu Bakr was appointed as his successor (Caliph), those amongst the Arabs who wanted to become apostates became apostates. 'Umar b. Khattab said to Abu Bakr: Why would you fight against the people, when the Messenger of Allah declared: I have been directed to fight against people so long as they do not say: There is no god but Allah, and he who professed it was granted full protection of his property and life on my behalf except for a right? His (other) affairs rest with Allah. Upon this Abu Bakr said: By Allah, I would definitely fight against him who severed prayer from Zakat, for it is the obligation upon the rich. By Allah, I would fight against them even to secure the cord (used for hobbling the feet of a camel) which they used to give to the Messenger of Allah (as Zakat) but now they have withheld it. Umar b. Khattab remarked: By Allah, I found nothing but the fact that Allah had opened the heart of Abu Bakr for (perceiving the justification of) fighting (against those who refused to pay Zakat) and I fully recognized that the (stand of Abu Bakr) was right.154. 155. So how does this discriminate against the Christians and Jews? (Please note that Surah 9:29 is only to be applied in specific situations. Please read this article)156. This is completely justified. If they go against the Islamic rule and government they deserve to be punished. What else was Abu Bakr supposed to do? In America if someone does not pay their taxes they can go to jail. Does that make America unjust? In China they kill tax evaders (A New York Times article describes the context and details of one businessman who was executed in China for tax evasion (11 Mar. 2001). at http://www.irb-cisr.gc.ca/en/research/ndp/ref/?action=view&doc=chn41156e). You have to understand that these are God's laws. It is probably difficult for a non-Muslim to understand this but from the Muslim perspective it is completely justifiable. For God sake people get executed or punished for crimes against man made laws, what do you expect to happen to people that break God's laws? 157. Sir Thomas Arnold wrote, 158. 159. 'The jizya was so light that it did not constitute a burden on them, especially when we observe that it exempted them from compulsory military service that was an obligation for their fellow citizens, the Muslims.' (Sir Thomas Arnold, Invitation to Islam, p. 77)160. 161. Even though there is no fixed rate on the Jizyah, Jasser Auda says:162. 163. Jizyah was calculated in different ways throughout different eras (a certain amount of money, certain percentage of the crops, etc), but it was consistently less than the zakah, which every Muslim had to pay anyway. (The Fair Logic of Jizyah, Source)164. 165. Also, non-Muslims are not to be over burdened with Jizyah:166. 167. Saheeh Bukhari 168. Volume 2, Book 23, Number 475: 169. Narrated 'Amr bin Maimun Al-Audi: 170. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities." 171. 172. So not only do Muslims have to pay a higher rate of tax than the dhimmis (Muslims usually pay higher rates). Not only are they obliged to pay it on their property, food, etc unlike the dhimmis. Not only are BOTH MEN AND WOMEN from the Muslims obliged to pay Zakah, unlike how the women from the dhimmis are not obliged to pay, but after all this it is still the Muslims who are obliged to defend the country and protect the non-Muslims!173. Any objective observer would probably reach the conclusion that these rules and regulations are unfair to the Muslims, not to the non-Muslims. 174. 175. 176. How Should The Jizyah Tax Be Taken From The Non-Muslims?177. 178. 179. Imam Nawawi, commenting on those who would impose a humiliation along with the paying of the Jizyah, said, 180. 181. 182. "As for this aforementioned practice (hay'ah), I know of no sound support for it in this respect, and it is only mentioned by the scholars of Khurasan. The majority (jumhur) of scholars say that the Jizyah is to be taken with gentleness, as one would receive a debt (dayn). The reliably correct opinion is that this practice is invalid and those who devised it should be refuted. It is not related that the Prophet or any of the rightly-guided caliphs did any such thing when collecting the Jizyah." (Rawdat al-Talibin, Volume 10, p.315-16)183. 184. 185. Ibn Qudama also said that the Prophet (peace be upon him) and the four caliphs said that taking the Jizyah should be done with gentleness and respect. (Al-Mughni, Volume 4, p.250)186. 187. 188. Once, during the reign of 'Umar ibn al-Khattab, a Jizyah collector offered the taxes collected from the people to 'Umar, who was upset by the large amount and asked him if he had burdened the people. He replied, "No, not at all! We took only the surplus and lawful taxes." 'Umar asked, "Without any pressure or persecution?" The man replied, "Yes." 'Umar then said to him, "Praise be to Almighty Allah that the non-Muslim citizens have not been oppressed during my rule. (Ibn Salam, Imam Abu 'Ubayd al-Qasim, Al-Amwal, p. 43. Also see Ibn Qudamah, Al Mughni, Volume 9, p. 290 & Ibnul Qayyim, Ahkam Ahlul Dhimma, Volume 1, p.139)189. 190. The scholars of Islam have formed a consensus in that it is permissible to take the Jizyah from Non-Muslims in the name of charity. For, one time there were Non-Muslims who insisted that Umar ibn Al Khattab agree to take the Jizyah from them after they called it charity and he accepted. (Ibn 'Abideen, al-Hashiya, Volume 3, p. 432. Ibn Rushd, Bidaayat al Mujtahid, Volume 6, p. 101. Ibnul Qayyim, Zad Al Ma'aad, Volume 3, page 643. Ibn Qudama, Al Mughni, Volume 10, p. 590-91)191. 192. Several jurists understood that this word ["sghirn"in Qu'ran 9:29]implies that the Dhimmis have to be humiliated when paying the Jizyah. The great scholar, Ibnul Qayyim refutes this interpretation. After having quoted different opinons, he says: 193. 194. "This is groundless and the verse doesn't imply that. It is not related that the Prophet or the companionsacted like that. The correct opinion regarding this verse is that the word "saghr" means "acceptance" by non-Muslims of the structure of theMuslim right and their payment of Jizya. (Ahkam Ahlul Dhimma, Volume 1 p. 23-24).195. 196. 197. 198. How Should Muslims Treat non-Muslims as People?199. 200. Ali wrote to the collectors of the kharaj:201. 202. When you come to them, do not sell their garments preserved for winter or summer, or the food they eat, or the animals they need. Don't whip any of them for a dirham, and do not oblige them to stand on one leg for a dirham. Do not sell any of their household goods for the payment of kharaj, because we accept from them what they have. If you do not comply with my orders, Allah will punish you in my absence. And if I receive any complaint against you in this concern, your services will be terminated. The officer said, "Then I return to you as I left you." (Abu Yusuf, Al-Kharaj, pp. 15-16; As-Sunan Al-Kubra, Volume 9, p. 205)203. 204. 205. Umar ibn Al Khattab once saw an old Jewish beggar whom he found to be destitute. Ordering the state authorities to pay for his livelihood, he observed, "It is unjust if we collect the capitation tax from him in his youth and abandon him in his old age. (Abu Yusuf, Al-Kharaj, p. 126)206. 207. The caliph Umar ibn Abdul Aziz ensured that those from the dhimmis who grew old and lost strength were provided with money from the treasury. (Al Amwaal, Volume 1, p. 170)208. 209. Once when Umar was on his way to Syria, he came across some Christian lepers at Jabia. He ordered the financial authorities to give them help from the Zakah funds and to provide for them. (Al-Baladhuri, Futuh Al-Buldan, p. 177)210. 211. In his book, Al-Minhaj, Imam An-Nawawi said:212. 213. 214. One of the duties of fard kifayah (the Islamic term for collective duty) is that a citizen should be supported if he has no suitable clothes, and that he should be fed if he has no food and is not supported from the poor fund or the government treasury. 215. 216. 217. 'Allama Shams ad-Din ar-Ramili ash-Shafi'i in his book, Nihaya Al-Muhtaj lla Sharh Al-Minhaj makes it clear that non-Muslims are like Muslims in this regard and that their protection from suffering is an obligation upon the Islamic society. He further explains that there are two opinions on this issue: (1) To provide non-Muslims with the means to protect their lives and, (2) To provide suitable provision. As the second is more recognized, they should be given suitable dress and suitable food according to summer and winter seasons, including medicine, treatment, and servant charges. The Muslims should also struggle to free their non-Muslim warriors from prison. (Yusuf Al Qaradawi, Non Muslims in the Islamic Society, p. 8-9)218. 219. 220. During Umar ibn al Khattab's caliphate, a delegate once came to him from one of the lands where Muslims ruled over the dhimmis and Umar was worried about how the Muslims were treating the dhimmis so he asked the man whether the dhimmis were fine and the delegate assured Umar that they were. (Taareekh at- Tabari, Volume 2, p. 503)221. 222. Prophet Muhammad (peace be upon him) said:223. 224. 225. Sunan Abu Dawud226. 227. Book 19, Number 3046: 228. Narrated A number of Companions of the Prophet: 229. Safwan reported from a number of Companions of the Apostle of Allah (peace_be_upon_him) on the authority of their fathers who were relatives of each other. The Apostle of Allah (peace_be_upon_him) said: Beware, if anyone wrongs a contracting man, or diminishes his right, or forces him to work beyond his capacity, or takes from him anything without his consent, I shall plead for him on the Day of Judgment. (Shaykh Albani declared this hadeeth to be Saheeh in Sunan Abu Dawud 2626)230. 231. Saheeh Muslim232. Book 032, Number 6327: 233. 234. 'Urwa reported on the authority of his father that Hisham b. Hakim b. Hizam happened to pass by some people in Syria who had been made to stand in the sun and olive-oil was being poured upon their heads. He said: What is this? It was said: They are being punished for (not paying) the Kharaj (the government revenue). Thereupon he said: Allah would punish those who torment people in this world (without any genuine reason).235. 236. Book 032, Number 6328: 237. 238. Hisham reported on the authority of his father that Hisham b. Hakim b. Hizam happened to pass by people, the farmers of Syria, who had been made to stand in the sun. He said: What is the matter with them? They said: They have been detained for Jizya. Thereupon Hisham said: I bear testimony to the fact that I heard Allah's Messenger (may peace be upon him) as saying: Allah would torment those who torment people in the world.239. 240. Book 032, Number 6329: 241. 242. This hadith has been narrated on the authority of Hisham with the same chain of transmitters and he made this addition of Jarir that (Hisham b. Hakim) went to Umair b. Sa'd who was then ruler in Palestine and he narrated to him this hadith and he (submitting before the words of the Prophet) commanded that they should be let off and so they were let off.243. 244. Book 032, Number 6330: 245. 246. 'Urwa b. Zubair reported that Hisham b. Hakim found a person (the ruler of Hims) who had been detaining some Nabateans in connection with the dues of Jizya. He said: What is this? I heard Allah's Messenger (may peace be upon him) as saying: Allah would torment those persons who torment people in the world.247. 248. 249. Umar ibn Al Khattab right before he died said:250. 251. Saheeh Bukhari 252. Volume 2, Book 23, Number 475: 253. Narrated 'Amr bin Maimun Al-Audi: 254. I saw 'Umar bin Al-Khattab (when he was stabbed) saying, "O 'Abdullah bin 'Umar! Go to the mother of the believers Aisha and say, 'Umar bin Al-Khattab sends his greetings to you,' and request her to allow me to be buried with my companions." (So, Ibn 'Umar conveyed the message to 'Aisha.) She said, "I had the idea of having this place for myself but today I prefer him ('Umar) to myself (and allow him to be buried there)." When 'Abdullah bin 'Umar returned, 'Umar asked him, "What (news) do you have?" He replied, "O chief of the believers! She has allowed you (to be buried there)." On that 'Umar said, "Nothing was more important to me than to be buried in that (sacred) place. So, when I expire, carry me there and pay my greetings to her ('Aisha ) and say, 'Umar bin Al-Khattab asks permission; and if she gives permission, then bury me (there) and if she does not, then take me to the grave-yard of the Muslims. I do not think any person has more right for the caliphate than those with whom Allah's Apostle (p.b.u.h) was always pleased till his death. And whoever is chosen by the people after me will be the caliph, and you people must listen to him and obey him," and then he mentioned the name of 'Uthman, 'Ali, Talha, Az-Zubair, 'Abdur-Rahman bin 'Auf and Sad bin Abi Waqqas. 255. By this time a young man from Ansar came and said, "O chief of the believers! Be happy with Allah's glad tidings. The grade which you have in Islam is known to you, then you became the caliph and you ruled with justice and then you have been awarded martyrdom after all this." 'Umar replied, "O son of my brother! Would that all that privileges will counterbalance (my short comings), so that I neither lose nor gain anything. I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities." 256. 257. Umar said the above despite being stabbed by a Non-Muslim. Also see (Saheeh Bukhari Volume 004, Book 052, Hadith Number 287 & Volume 5, Book 57, Number 50)258. 259. Another example is the statement of a famous classical scholar of Islam, Imam Awza'i in his letter to the Abbasid governor Salih b. 'Ali b. Abdullah about the People of the Covenant, 260. 261. "They are not slaves, so beware of changing their status after they have lived in freedom. They are free People of the Covenant." (Abu Ubayd, al-Amwaal, p. 170, 171 &Dr. Abd al-Karim Zaydan, Ahkam al-Dhimmiyin wal-Musta'minin, p. 77)262. 263. 264. It is not only a matter of protecting the dhimmis from physical harm, but also from slander and backbiting. For it is not allowed for one to speak badly about the dhimmis for no justifiable reason as with towards the Muslims. (Al Furooq, Volume 3, p. 14)265. 266. Similarly, a Muslim is liable to receive a sentence for defamation if he slanders a man or woman protected under the covenant. (Fahd Muhammad Ali Masud, Huquq Ghayr is-Muslimeen fid-Dawla al-Islamiyya, p. 138-139, 144-149, Saleh Hussain Aayed, 'Huquq Ghayr al-Muslimeen fi Bilad il-Islam, p. 32-33 & Dr. Abd al-Karim Zaydan, 'Ahkam al-Dhimmiyin wal-Mustami'nin,' p. 254.)267. 268. 269. Zakariya al-Ansaari said: 270. 271. 272. "Backbiting about a kaafir is haraam if he is a dhimmi [a non-Muslim living under Islamic rule], because that puts them off from accepting the Jizyah and it is going against the treaty of dhimmah (agreement between non-Muslim subjects and the Islamic state) and the words of the Prophet (peace and blessings of Allaah be upon him). 'Whoever makes a snide comment to a dhimmi has earned Hell.' (Narrated by Ibn Hibbaan in his Saheeh). It is permissible (to backbite about a kaafir) if he is a harbi (one who is at war with the Muslims), because the Prophet (peace and blessings of Allaah be upon him) used to command Hassaan to lampoon the mushrikeen." (Asna al-Mutaalib ma'a Haashiyatihi, Volume 3, p. 116) 273. 274. 275. They are also to be protected from deception. Sheikh Munajjid states:276. 277. The hadeeth "The Muslim is the brother of his fellow Muslim." was narrated by Ibn Majaah (2246) and classed as saheeh by al-Albaani in Saheeh Ibn Majaah. The prohibition on deceit does not apply only to dealing with Muslims, rather it is haraam to deceive both Muslims and kaafirs, but the word Muslim is used here because in most cases one Muslim deals with another.278. 279. Al-Subki (may Allaah have mercy on him) said in Takmilat al-Majmoo' (11/306): The general prohibition on deceit referred to by the author (may Allaah have mercy on him) [al-Raafa'i], his companions and al-Shaafa'i and the obligation of pointing out any defects includes cases where the purchaser is a Muslim or a kaafir. The words of the hadeeth quoted and used as evidence by the author (may Allaah have mercy on him) refers to a Muslim dealing with a Muslim. This was narrated concerning a Muslim proposing to a woman to whom his brother has already proposed, or outbidding him. The majority of scholars (may Allaah have mercy on him) are of the view that there is no difference in this case between a Muslim and a kaafir. As for limiting the meaning of these ahaadeeth, they only mention Muslims because it is usually the case that one Muslim deals with another, or it may be that the aim is show how abhorrent it is to do such a thing to someone who is Muslim like you. The fact that it is general in meaning is also proven by other evidence. And Allaah knows best. End quote.(Source)280. 281. 282. Ahmad ibn Hajar al-Haythami said in al-Zawaajir 'an Iqtiraaf al-Kabaa'ir (Volume 2, p. 27): 283. 284. 285. "Al-Ghazaali was asked about backbiting about a kaafir. He said: with regard to a Muslim, it is forbidden for three reasons: causing offence; criticizing the creation of Allaah, for Allaah is the Creator of the deeds of His slaves; and wasting time in something that is of no benefit. The first is haraam, the second is makrooh, and the third is not the best thing that one can do. With regard to the dhimmi, he is like the Muslim as far as not harming him is concerned, because the Lawgiver protects his honour, blood and property. It was said in al-Khaadim, the first view is correct. Ibn Hibbaan narrated in his Saheeh that the Prophet (peace and blessings of Allaah be upon him) said, 'Whoever makes a snide comment to a Jew or a Christian deserves Hell.' The meaning of making a snide comment is to make someone hear something that will cause offence to him. There is no stronger evidence than this, i.e., it is haraam. Al-Ghazaali said: with regard to the harbi, the former is not haraam, and the second and third are makrooh. With regard to one who commits bid'ah (innovation), if he is becomes a kaafir thereby, then he is like a harbi, otherwise he is like a Muslim, but speaking of him with regard to his bid'ah is not makrooh. Ibn al-Mundhir said, concerning the words of the Prophet (peace and blessings of Allaah be upon him), "It is your mentioning about your brother that which he dislikes," - this indicates that in the case of one who is not your brother, such as a Jew or a Christian or a follower of any other religion, or one whose bid'ah has put him beyond the pale of Islam, there is no backbiting in his case." 286. 287. Al Hassan is reported to have said that when you want to give your condolences to a Dhimmi who lost someone (someone died) tell him 'Nothing befalls you except good.' (Ibnul Qayyim, Ahkam Ahlul Dhimma, Volume 1, p. 161)288. 289. 290. 291. Can non-Muslims freely practice their faith in an Islamic state?292. 293. Umar ibn Al Khattab ensured safety for the dhimmis of Jersualem and Al Lid's lives, money, churches and ensured that they aren't forced to leave their religion and that they were not harmed on account of it. (See Taareekh at- Tabari, Volume 4, p.449) Khalid ibn Al Waleed did the same for the people of Damascus once it was conquered. (See Fatoohil Baldan for Al Baladaari) 294. 295. A moderate degree of tolerance is to allow an individual to believe in a faith of his choice. In this case, he is neither compelled to discard his religious obligations nor is he forced to act contrary to his faith. For instance, a Jew believes that working on Saturdays is prohibited in his faith. Forcing him to work on that day is therefore, not tolerance. Likewise a Christian, who goes to church on Sundays as part of his faith, should not be constrained from attending it. (It is stated in the Hanbali Ghayat Al-Muntaha and its commentary: "To compel a Jew to work on Saturday is prohibited. This order is valid in his case because he is not obliged to work on his Sabbath day, according to the Shari'ah. A hadith related by Imam Nasa'i and authenticated by At-Tirmidhi states: "And you Jews especially should not commit any offense on Saturdays") 296. 297. However, one must note that if one's religion does come into a direct clash with Islam, then Islamic law will take precedence. 298. 299. For instance, it is not permissible for Christians to go around preaching their faith in an Islamic country even though they believe that it is compulsory for them to do so. The reason is because this directly clashes with Islam that forbids such a thing. One may ask "Why don't you just let the Non-Muslims preach their faith and let the people freely accept or reject? It is their personal choice". Well then using the same logic we could then argue "Why don't you just let the drug dealers sell their drugs and let the people freely accept or reject? It is their personal choice". 300. 301. In the eyes of Islam, the Non-Muslim who preaches his faith is worse than a drug dealer selling drugs. If the drug dealer happens to convince someone to buy his drugs then the most harm that could possibly be inflicted on the person is that his carnal body dies from an overdose. 302. 303. However, if the Non-Muslim happens to convince someone to accept his false religion then the most harm that could possibly be inflicted on the person is that his soul dies from corruption and he could end up burning in hell for all eternity.304. 305. If we have a moral obligation to protect the Muslim citizens from drug dealers then we have more of a duty to protect them from the doubts and lies of Non-Muslims trying to preach their false religions. (Look at Deuteronomy 13:6-11 and see how the God of the Bible dealt with those that preached another faith)306. 307. Thus, this is the limit that Islam has imposed on religious freedom. It can't go as far as affecting other people from the Musilm faith. Just as America might not give Hindus the religious freedom to practice satibecause it would result in the physical death of someone, Islam will not give the religious freedom to those to preach their false religions because it would result in the spiritual death of someone and that is far worse.308. 309. A Christian might argue "But to preach the Gospel of Christ is compulsory on me", yes but it is also compulsory on Muslims to ensure that he doesn't do so in an Islamic state. Why must we be the ones that compromiseour faith and not the Christian? If Muslims are the ones in control (i.e. they have an Islamic state) then they would impose regulations that give Islam precedence over anything else.310. 311. Ibn Ishaq in his Sirah (biography of the Prophet) stated:312. 313. 314. When the delegation of Najrani Christians came to the Prophet at Madinah, they entered his mosque in the afternoon to meet him. It was their prayer time, so they began to perform their prayer in the mosque. Some Muslims were about to prevent them from doing so, but the Prophet, upon whom be peace, said, 'Let them pray.' So they faced eastward and performed their prayer. 315. 316. 317. In addition to the covenant made by the Prophet with the Christians of Najran, which placed them under the protection of Allah and his Prophet and provided for the safeguarding of their wealth, religion, and churches, the one made by Umar ibn Al Khattab with the citizens of Iliya' (Jersusalem) stated:318. 319. This is the protection which the servant of Allah, Umar ibn Al Khattab, the commander of the faithful extends to them (non-Muslims): 'The safeguarding of their lives, property, churches, crosses, and of their entire community. Their churches are not to be occupied, demolished, or damaged, nor are their crosses or anything belonging to them to be touched. They will not be forced to abandon their religion, nor will they be harmed. None of the Jews will live with them in Illiya' (Jersusalem). (Tarikh At-Tabari, Volume 3, p. 609)320. 321. 322. Concerning the Ummayad and Abbasid periods, Will Durrant says in his The Story of Civilisation: 323. 324. 325. To these Dhimmis - Christians, Zoroastrians, Sabaeans, Jews - the Umayyad caliphate offered a degree of toleration hardly equated in contemporary Christian lands. They were allowed the free practice of their faiths, and the retention of their churches, on condition that they wear a distinctive honey-colored dress, and pay a poll tax of from one to four dinars ($4.75 to $ 19.00) per year according to their income. This tax fell only upon non-Moslems capable of military service; it was not levied upon monks, women, adolescents, slaves, the old, crippled, blind or very poor. In return the dhimmis were excused (or excluded) from military service, were exempted from the two and a half per cent tax for community charity, and received the protection of the government. Their testimony was not admitted in Moslem courts, but they were allowed self-government under their own leaders, judges and laws.326. 327. Christian heretics persecuted by the patriarchs of Constantinople, Jerusalem, Alexandria, or Antioch were now free and safe under a Moslem rule that found their disputes quite unintelligible. In the ninth century, the Moslem governor of Antioch appointed a special guard to keep Christian sects from massacring one another at church. Monasteries and nunneries flourished under the skeptical Umayyads; the Arabs admired the work of the monks in agriculture and reclamation, acclaimed the wines of monastic vintage, and enjoyed, in traveling, the shade and hospitality of Christian cloisters. For a time, relations between the two religions were so genial that Christians wearing crosses on their breasts conversed in mosques with Moslem friends. The Mohammedan bureaucracy had hundreds of Christian employees; Christians rose so frequently to high office as to provoke Moslem complaints. Sergius, father of St. John of Damascus, was chief finance minister to Abd-al-Malik, and John himself, last of the Greek Fathers of the Church, headed the council that governed Damascus. The Christians of the East in general regarded Islamic rule as a lesser evil than that of the Byzantine government and church. 328. 329. Despite, or because of this policy of tolerance in early Islam, the new faith won over to itself in time most of the Christians, nearly all the Zoroastrians and pagans, and many of the Jews, of Asia, Egypt, and North Africa. (Will Durant, The Story of Civilization: The Age of Faith, Volume 4 p. 218-219)330. 331. 332. Khalid ibn al-Walid, in his covenant with the people of Anat, wrote, 333. 334. 335. "They are allowed to ring their bells at any time of the day or night, except at the Islamic prayer times. They are allowed to bear their crosses in their festivals." (Abu Yusuf, Al-Kharaj, p. 146) 336. 337. 338. In his book, Al-Khitat, the famous historian Al-Maqrizi has given several examples and concludes, 339. 340. 341. "It is agreed that all the churches of Cairo were established after the coming of Islam." (See Islam and Dhimmis by Dr. Ali H. Al-Kharbotaly, p. 139)342. 343. 344. Imam Al Tahawi states that the scholars of jurisprudence have formed a consensus agreeing that the dhimmis are not forbidden to drink their alcohol and eat their pork. (Ekhtilaaf al fuquhaa', p. 233)345. 346. Umar ibn Abdulaziz, a Muslim ruler, found it hard to accept how non-Muslims continued to follow their social regulations that went against the Islamic injunctions. He wrote a letter to Hasan al-Basri seeking his legal advice, saying, 'How is it that the Rightly-Guided Caliphs before us left the People of the Covenant as they did, marrying close relatives and keeping pigs and wine?' Hasan's responded, 'They paid the jizya so that they could be left to practice what they believed, and you may only follow the Islamic Law, not invent something new.' (Maududi, Abul 'Ala, 'The Rights Of The People of Covenant In The Islamic State,' p. 22)347. 348. Gustave Lebon says:349. 350. 351. From the said verses of the Qur'an we can see that Muhammad's tolerance towards Jews and Christians was truly very great. None of the founders of the religions which appeared before his time, especially Judaism and Christianity, has spoken or acted in this manner. Then we saw how his caliphs followed his traditions. This tolerance has been recognized by some European scholars who have deeply contemplated Arab history. The following quotation, which I have taken from their numerous books prove that these are not exclusively our opinions. Robertson says in his book The History of Charles V that Muslims are the only people who possess a zeal for their faith as well as a spirit of tolerance toward the followers of other religions. Although they fight for the sake of Islam and its dissemination, they leave those who do not know their religion free to adhere to their own religious teachings. (Gustave Lebon, Arab Civilisation (trans. 'Adil, Za'aytar), p. 128)352. 353. 354. Patriarch Ghaytho wrote:355. 356. The Arabs, to whom the Lord has given control over the world, treat us as you know; they are not the enemies of Christians. Indeed, they praise our community, and treat our priests and saints with dignity, and offer aid to churches and monasteries. (Arthur Stanley Tritton, The People Of The Covenant In Islam, p. 158)357. 358. Gustav Lebon writes:359. 360. "The Arabs could have easily been blinded by their first conquests, and committed the injustices that are usually committed by conquerors. They could have mistreated their defeated opponents or forced them to embrace their religion, which they wished to spread all over the world. But the Arabs avoided that. The early caliphs, who had a political genius that was rare in proponents of new religion, realized that religions and systems are not imposed by force. So they treated the people of Syria, Egypt, Spain, and every country they took over with great kindness, as we have seen. They left their laws, regulations, and beliefs intact and only imposed on them the jizya, which was paltry when compared to what they had been paying in taxes previously, in exchange for maintaining their security. The truth is that nations had never known conquerors more tolerant than the Muslims, or a religion more tolerant than Islam." (Lebon, G, The Civilization Of The Arabs, p. 605)361. 362. American historian Will Durant wrote:363. 364. At the time of the Umayyad caliphate, the people of the covenant, Christians, Zoroastrians, Jews, and Sabians, all enjoyed degree of tolerance that we do not find even today in Christian countries. They were free to practice the rituals of their religion and their churches and temples were preserved. They enjoyed autonomy in that they were subject to the religious laws of the scholars and judges. (Will Durant, The Story Of Civilization, Volume 13. p. 131-132)365. 366. Muslims protected Christian churches in the lands they occupied from being harmed. In a letter to Simeon, the Archbishop of Rifardashir and leader of all the bishops of Persia, the Nestorian Patriarch Geoff III wrote:367. 368. 'The Arabs, to whom God has given power over the whole world, know how wealthy you are, for they live among you. In spite of this, they do not assail the Christian creed. To the contrary, they have sympathy with our religion, and venerate our priests and saints of our Lord, and they graciously donate to our churches and monasteries.' (Sir Thomas Arnold, Invitation To Islam, p. 102)369. 370. One of the Muslims caliphs, Abdul-Malik, took the Church of John from the Christians and made it part of a mosque. When Umar bin Abdulaziz succeeded him as the new Caliph, the Christians complained to him about what his predecessor had done to their church. Umar wrote to the governor that the portion of the mosque that was rightfully theirs be returned to them if they were unable to agree with the governor on a monetary settlement that would satisfy them. (Yusuf Qaradawi, 'Ghayr al-Muslimeen fil-Mujtama' al-Islami,' p. 32)371. 372. The Wailing Wall in Jerusalem is known to historians to be the one of the holiest places of worship in Judaism. Some time ago, it was completely buried under rubble and heaps of debris. When the Ottoman caliph Sultan Sulayman came to know of this, he ordered his governor in Jerusalem to remove all the rubble and debris, clean the area, restore the Wailing Wall, and make it accessible for Jews to visit. (Abdul-Latif Hussayn, 'Tasamuh al-Gharb Ma'l-Muslimeen,' p. 67) 373. 374. Lebon writes:375. 376. 'The tolerance of Muhammad towards the Jews and Christians was truly grand; the founders of other religions that appeared before him, Judaism and Christianity in particular, did not prescribe such goodwill. His caliphs followed the same policy, and his tolerance has been acknowledged by skeptics and believers alike when they study the history of the Arabs in depth.' (Gustave Lebon, Arab Civilization, p. 128)377. 378. Robertson wrote:379. 380. 'The Muslims alone were able to integrate their zeal for their own religion with tolerance for followers of other religions. Even when they bore swords into battle for freedom for their religion to spread, they left those who did not desire it free to adhere to their own religious teachings.' (Quoted in Saleh Hussain Aayed, Huquq Ghayr al-Muslimeen fi Bilad il-Islam, p. 26)381. 382. Sir Thomas Arnold wrote:383. 384. 'We never heard of a report of any planned attempt