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| There are only two categories of non-Muslims
in an Islamic state: (i) Mu‘ahidin, that is those who have come
under an Islamic state on account of a treaty with it (ii) Dhimmiyyin
that
is those who have come under an Islamic state on account of being subdued
in a battle.
When the Prophet (sws) formed a government in Madinah after migration, he concluded a treaty with the Jews which is popularly known as ‘Mithaq of Madinah’. Subsequently, such pacts were signed with other nations as well, the terms in them depending on the different circumstances. If we study the ‘Mithaq of Madinah’, it will become quite clear that after the Jews, as Mu‘ahidin, accepted the Prophet (sws) as their ruler they were given the same rights of a citizen as any other Muslim in Yathrib. Ibn Hasham has recorded these words of the Mithaq in his book: According to this tradition, the Jews will be considered as one nation with the Muslims in the political sense. As regards their religion, the Jews will stand by theirs and Muslims and their allies will stand by theirs. Dhimmiyyin, on the other hand, are those non-Muslim citizens of an Islamic state who have accepted its supremacy after being subjugated in a war. According to the Qur’an, if they give up their rebellious attitude and accept the sovereignty of the Islamic state by paying Jiziyyah, just as the Muslim citizens have to pay Zakah, then they can become citizens and have protection of their rights by the Islamic state. There is no differentiation between Mu‘ahidin and Dhimmiyyin regarding their citizenship, but both these groups have different rights. The rights of the Mu‘ahidin cannot be decided solely by the Islamic government; instead the final decision lies in the pact concluded between the two parties. On the other hand, the rights of the Dhimmiyyin have been decided by the Islamic law. These rights are a permanent part of the Islamic law. Just as the other decrees of the law are important in an Islamic state, in the same way protection and fulfilment of these rights is also essential and violation of these would be equivalent to deviation from religion. There is no elucidation of the rights of the Mu‘ahidin in the Islamic law. Their rights would be decided absolutely and completely on the foundations of the agreement between them and the Islamic state. Muslims are bound by their religion to abide by these terms on all conditions. Any kind of deviation and transgression would come under the breach of contract and Islam holds breaches of faith as forbidden and has branded it a mortal sin. Allah has said: Keep (your) covenants because indeed on the Day of Judgement you will be held accountable for them. (17:34)For this reason the Prophet (sws) said: And let not the enmity of a people turn you away from justice. Deal justly; this is nearer to piety. (5:8)Therefore, according to this principle, it is the right of the non-Muslims that: Their life, wealth and honour should be protected by the state such that no one is able to lay hands on them. The Jizyyah imposed on them should be according to their financial conditions. Jizyyah should only be imposed on individuals who can take part in a war. Children, women, the ha ndicapped, the insane, hermits and monks who have given up the pleasures of the world and the old and the sick who cannot earn their living should in all circumstances be exempted from this tax. The needy and poor among them should be provided the basic necessities of life. Their personal matters and religious rituals should be exempted from the law of the state and no interference should be made in their faith and religion. Their places of worship should not be tampered with. They should be allowed to present their religion to others in a polite manner. In short, except for participating in the state affairs, they should be given all the rights which are sanctioned by the norms of justice and fairness for people in a civilised society, and in this regard all dealings should be done in a befitting manner because Allah likes people who adopt this attitude. (Adapted from Moiz Amjad's Commentary
on Ghamidi's Manshur)
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