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In Islamic law, the rights and responsibilities of non-Muslims in an Islamic state are framed within the broader principles of justice, respect for human dignity, and protection of fundamental freedoms. The specific treatment of non-Muslims depends on their status in the Islamic state and is primarily based on their relationship with the Muslim community, which can be categorized into two main groups: *dhimmis* (protected people) and *kafir* (disbelievers), though the latter term is used in a more general sense and does not necessarily imply any specific legal status.

### 1. **Rights of Non-Muslims in an Islamic State**

Islamic law grants a variety of rights to non-Muslims, ensuring their protection and participation in the society, provided they abide by the laws of the state.

#### **a. Protection of Life and Property**

Non-Muslims, like Muslims, are entitled to protection of their life and property. In the Quran, Allah commands Muslims to treat others justly:

> “And if any of the polytheists seek your protection, then protect him so that he may hear the word of Allah; and then escort him to where he is secure.” (Quran 9:6)

This reflects the general principle that non-Muslims living in an Islamic state are to be protected from harm.

#### **b. Freedom of Religion**

Islamic law generally recognizes the right of non-Muslims to practice their own religion. Non-Muslims are allowed to continue practicing their faith, whether it be Judaism, Christianity, or other recognized religions. The Quran acknowledges the existence of other monotheistic faiths:

> “There is no compulsion in religion, for the truth stands out clearly from falsehood.” (Quran 2:256)

However, the specific application of religious freedom can depend on the context of the state and the societal norms of the time.

#### **c. Right to Property and Economic Rights**

Non-Muslims are entitled to own property, engage in commerce, and participate in the economy on equal footing with Muslims. The *dhimmi* status, historically, provided protection for the non-Muslim communities in exchange for paying a tax called *jizya*. This was a form of protection and exemption from military service in the Islamic state.

> “Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture—[fight] until they give the jizyah willingly while they are humbled.” (Quran 9:29)

#### **d. Justice and Equality Before the Law**

Non-Muslims in an Islamic state are entitled to justice and legal protection under the law. The Quran stresses that justice should be upheld for all, regardless of religious affiliation:

> “O you who have believed, be persistently standing firm in justice, witnesses for Allah, even if it be against yourselves or parents and relatives.” (Quran 4:135)

In Islamic courts, non-Muslims may be judged according to their own religious laws for personal matters like marriage and inheritance, but in matters of criminal law, they are generally subject to the state’s legal system.

### 2. **Responsibilities of Non-Muslims in an Islamic State**

While non-Muslims have significant rights in an Islamic state, they also have certain responsibilities. These responsibilities generally center around maintaining peace and order in society, respecting the laws of the state, and upholding the social contract.

#### **a. Paying the Jizya Tax**

One of the most discussed aspects of the relationship between non-Muslims and the Islamic state is the payment of the *jizya* tax. This tax is levied on non-Muslims, particularly *dhimmis*, who live under the protection of the Islamic state. In return, non-Muslims are exempt from military service, as Muslims are required to serve in the army and defend the state. The *jizya* serves as a form of protection for the non-Muslim community, guaranteeing their safety and the right to practice their religion freely.

#### **b. Obeying the Law**

Non-Muslims are expected to adhere to the laws of the state, just as Muslims are. This includes following the laws regarding public behavior, criminal conduct, and social order. While they are not bound to follow Islamic rituals or prohibitions, such as the prohibition of alcohol or the requirement for daily prayers, they are expected to maintain the peace and not engage in behavior that disrupts public order.

#### **c. Non-Muslims and Public Leadership**

In classical Islamic law, non-Muslims were generally not allowed to hold high political or military offices within an Islamic state. This was based on the principle that Muslim rulers were responsible for upholding Islamic law. However, non-Muslims were allowed to hold administrative or advisory roles within their communities and, in some periods of history, had representation in government.

In contemporary Islamic thought, there is a broader range of interpretations regarding the participation of non-Muslims in public offices, with some modern scholars arguing that non-Muslims may hold leadership positions if the society is a multi-faith, pluralistic democracy.

### 3. **Special Considerations for Minorities**

Islamic law offers additional protections to religious minorities within an Islamic state, ensuring that their places of worship, religious practices, and communities are protected from persecution. Non-Muslim communities in Muslim-majority countries, such as Jews and Christians, historically enjoyed a special status under Islamic rule, as long as they upheld their part of the social contract.

Islamic law also prohibits forced conversion. A person cannot be compelled to convert to Islam, and any act of persecution or harassment based on religious belief is considered a violation of Islamic principles.

### Conclusion:

Islamic law emphasizes justice, respect, and protection for non-Muslims in an Islamic state. Non-Muslims are granted fundamental rights, including the protection of their lives, property, and religious practices, while also being required to adhere to the laws of the state and contribute to its defense through the *jizya* tax. The relationship between the Muslim community and non-Muslims in an Islamic state is ideally one of mutual respect, cooperation, and fairness, with both groups sharing responsibility for the peace and stability of the society. However, the specifics of how these principles are applied can vary depending on the historical context and the interpretation of Islamic law.

Qammar Sajjad Answered question November 7, 2024
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