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Jurisprudence for Muslim Minorities: by Khalid Muhammad Abdul-Qadir (View All Articles by: Khalid Muhammad Abdul-Qadir)

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1. Forward

2. Introduction

3. Minorities

4. Chapter 1 Non-Mulims Communities And The Attitude of  Sharî’ah Towards Them.

5. The 1st Topic: Divisions of Non-Mulims According to Their Religions.

6. The 2nd Topic: The Attitude of  Shari'ah Towards its Opponents And The Prinicples of Its Relation With Them .

7. The 3rd Topic: Divisions of Non-Mulims Lands in view of their Attitude Towards Islam and Its Followers.

8. Chapter 2 Some Rulings for Muslim Minorities.

9. The 1st Topic: The Rulings for Muslims Living in Non-Muslims Countries.

10. The 2nd Topic: The Situations of  Muslims Living in Non-Muslims Countries In Case They Were Attacked There.

11. The 3rd Topic: Some Rulings For Worshipping.

12. The 4th Topic: Business Transaction

13. The 5th Topic: Marriage

14. Epilogue
     

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Forward

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Introduction

By: ‘Umar ‘Ubayd Hasanah

        Praise be to Allah, Who made the land of brotherhood the basis of building the Muslim Nation; so He said, “Surely the believers are only brothers” (Al-Hujurât” 10) and made believers, male and female, patrons of each other; thus Allah, The Exalted, says, “And the men believers and women believers are patrons one of the other; they command beneficence and forbid maleficence, and keep up the prayer, and give the Zakât, and obey Allah and His Messenger; those (are the people) on whom Allah will soon have mercy; surely Allah is Ever-Mighty, Ever-Wise.” (At-Tawbah: 71)

        He gave precedence to the land of faith over all other lands of color, race, homeland, social class, geographical location, etc. Allah, The Exalted, says, “Say, ‘In case your fathers, and your sons, and your brethren, and your spouses, and your kinsmen, and riches that you have scored and commerce you are apprehensive for its slackening, and dwellings you are satisfied with in case these are more beloved to you than Allah and His Messenger and striving in his way, then await till Allah comes up with His command; and Allah does not guide the immoral people.” (At-Tawbah: 24)

        Thus each Muslim, wherever he is, has become a member of the universal Muslim Nation. And each man has become able to choose his religion, and thus enjoy Islamic patronship, i.e. the patronship of all Muslims wherever they are, as well as enjoy the rights of Islamic brotherhood—a matter that achieves the eternity, propagation, and universality of this religion, and makes this religion with its inherent characteristics and values, qualified to lead the world and to contribute continually to civilization and humanity. It also makes each and every Muslim responsible for shouldering religious duties, undertaking the mission of self-advancement, and performing the duty of the Call to Islam and eloquently conveying the message of this religion.

        Prayer and peace be upon the Prophet whose Sîrah (life of the Prophet) and Sunnah (Tradition of the Prophet) have been a practical embodiment of the principles of Islam, and a realization of the community of brotherhood, which is the nucleus of the universal Muslim macro-community, which included the poor and rich, the white and black, and the Arab and non-Arab. Prayer and peace be upon the Prophet, who made clear the rights of Islamic brotherhood, so that the community may become strong and cohesive, may be realized through loyalty and purity, and whose motto is the saying of Allah The Exalted: “Surely the believers are only brothers”, and whose practices stem from the statement of the Messenger (p.b.u.h): “A Muslim is a brother to a Muslim; he is not unjust to him, does not let him down, and does not degrade him. Fear of Allah is here—pointing at his chest three times. It is enough evil for man to degrade his Muslim brother. All that belongs to a Muslim is prohibited to another Muslim: his blood, money.” (Reported by Muslim, quoting Abu Hurayrah). Muslim practices should also stem from the Prophet’s saying: “The blood of all Muslims is equal; they are united against those who are other than them, whose basest are taken care of and whose dignitaries are confronted.” (Reported by Ibn Mâjah, An-Nasâ`î, and 'Ahmad, quoting Ibn ‘Abbâs.

        Having said so, this is member sixty-one of the series “The Book of Al-‘Ummah” (Nation). It is entitled Min Fiqh Al-'Aqalliyât Al-Muslimah  Jurispurdence for Muslim Minorities by Mr. Khâlid Muhammad 'Abdul-Qâdir. The series is published by the Center for Research and Studies, Ministry of Al-Awqâf (Endowments) and Islamic Affairs, the State of Qatar, as a contribution to the revival of Islamic values in individuals, and the mature absorption of the cause of the renewal of the concept of comprehensive Islamic brotherhood, away from narrowing its domain as a result of fanaticism, and ignoring their rights under various pretexts, philosophies, and false interpretations. More than ever before, what is needed now is to get rid of the state of weakness, stagnation, and cultural lingering behind, and to establish a cultural vision based on knowledge of infallible inspiration of the Qur’an and Sunnah, to resume the role of the mind in contemplation, and to underline the importance of reasoning about the causes of the Nation and its contemporary problem in light of the guidance of the inspiration and the earnings of the mind and its creative abilities.

        We are also required to attempt to provide evidence for the eternity of Islamic values and their independence from the limits of time and place, in view of their capacity of producing distinguished Islamic models in every age, and of finding solutions and legal frameworks for the movement and problems of the Nation, and of looking into the status quo and evaluating it by means of the values of the infallible inspiration, and of applying Islamic values to the relatives so that the vision and exerting legal judgment should stem from the status quo with its problems, needs, and suffering.

        Realizing such eternity cannot be attained except through the propagation of the spirit of specialization in the various branches of knowledge, the revival of community obligations, and emphasizing the fact that the age, with its information revolution and its mass communication and scientific influx, no longer allows for the existence of the super, omniscient man, who is capable of legal reasoning and issuing religious judgment about everything. On the contrary, we must specialize and divide work among ourselves, which leads to integration and quality. We must also rebuild the network of social relations on the social tissue of the Nation in a cohesive manner like a strong building whose parts consolidate one another.

        Propagating the spirit of specialization, and the revival of the concept of community obligation necessitate the whetting of the effectiveness of Muslims in the different positions, so that they may resume their role of shouldering responsibility and being merciful to people, investing their spiritual, materialistic and scholarly specialization for the triumph of what is right and calling for it, reviving following the Prophet’s model, and proving that a Muslim is not a strange object in any society, but rather an element of goodness, giving, and specialization, who is capable of adaptation and becoming part and parcel in their communities, but who, at the same time, dissolve there.

        Ijtihâd, in its general concept, is an attempt at applying the legal text, which is the source of judgment in the Qur’an and Sunnah, to reality, and measuring the conduct and dealings of people against this text. Its domain is always the ordained person and his deeds, which requires, first of all, after looking into the Fiqh of the text, to probe into and evaluate the status quo of human beings through contemplating the text and the ways of applying it in the light of this human reality.

        These rulings, which are derived from the text to evaluate the status quo and issue judgment concerning it, are rulings based on exercising judgment, which may be wrong or right. It suffices that they are human exercising of judgment which are likely to be wrong or right, and which enjoy no sanctity, and which, no matter how accurate they are, do not amount to the status of the holy text in the Qur’an and Sunnah, nor can they replace it to become a criterion for judgment. They are only an inferred rulings, which are measured against, evaluated by, and arrived at through the text.

        We may say that the accuracy and correctness of a ruling in a certain age that has its own problems and causes, or in a given status quo when applying it, do not necessarily mean that it is valid for every changeable status quo. This is because the Fiqh of location (reality) with all its components, complexities, and potentials, is an integral of the process of exercising judgment, side by side with the comprehension of the text which is required to be applied to a certain state of affairs.

        Realizing the reasons behind the ruling and its precise justification, and its non-applicability to similar cases, or when they realized that applying them automatically and decisively may lead to the loss of a legal interest and the occurrence of a certain harm. This is what is termed as “istihsân” (preference). We should also bear in mind that rulings in the Qur’an and Sunnah vary with various states of affairs and capabilities and do notexist in one form, then how come is that in view of the fact that the status quo is subject to change, rising and falling, and that each state of affairs has its own ruling?

        I have mentioned above that the Qur’ân is the source of legislation and knowledge. It was not ordered according to the time of revelation, although it is important to know the time and causes of revelation in order to realize the time, place, and application dimension of the text so that the exercise of judgment does not remain stagnant. Its ordering came from Allah through Gabriel, in order to give flexibility to the exercise of judgment, and hence each case may have its own ruling, even though it includes what was revealed last or first, since the Qur’an as a whole is eternal, and each case has its own proper ruling. The Prophetic education does not go beyond this Qur’anic framework, but is rather an application of it, and a practical demonstration of transforming thought into deeds.

        When we say that the many historical cases of exercising  judgment, which can be classified within the framework of heritage, are judgments for their own time and problems and that they are not incumbent, this does not mean that we should abolish or bypass them or not make use of them in comparable cases, but rather means keeping their company and comprehending their minute investigation and mechanism of exercising judgment so that they may be an aid to us in the contemplation which is required by the changing time and problems.

        Hence we see that many instances of social, international, economic, financial, administrative, and constitutional jurisdiction are not binding if we conclude that time has bypassed them. This, of course, does not apply equally to exercising judgment in the rulings of worship. We are called upon to generally reconsider matters and exercise juristic and intellectual judgment in the light of the changing states of affairs in which we live, or the changes in the communities around us ÜÜÜÜÜ a matter which requires a reconsideration of the juristic rulings in the light of the giving of the Eternal Text (The Qur’ân).

        Therefore, the topic which we are dealing with, namely Fiqh for minorities, is at the case of exercising judgment, since it constitutes a core for the application of rulings, which is far different from what the situation was before.

        The other issue which we would like to linger about as far as possible, and to shed some light on, which we deem necessary for clarifying the status quo or past of its dimensions, is the term “minority” or the concept of minorities and majorities.

        This is because this issue is in essence a relative one, about which the investigation, evaluation, and results may differ. To start with, we hold that the issue is not determined by the number of people, or in other words the negligible mass, or what may be termed “the idle whole”, which does not bring about any good no matter where you direct it, but rather by quality and effectiveness, or what the Glorious Qur’ân has named “the straightforward man.” Therefore, at the level of Islamic values in the Qur’ân and Sunnah, as well as the historical contribution of Islamic civilization, we maintain that the criterion for precedence, dignity, and accomplishment has never been determined by quantity in terms of majority and minority, but is rather realized through the amount and quality of giving. The more dignified are the more pious, neither the lesser nor the greater in number. The piety referred to in the Qur’ânic verse, as a criterion for precedence, is the whole issue. This is because piety, in its several dimensions, means the possession of the fair scale, and being endowed with the right values for absorbing life in all its fields and the ways of dealing with it. The end result may be one individual who is worth a whole nation, or even becomes a nation indeed with all that he stands for and realizes.

        Allah, exalted be He, says, “Surely, 'Ibrâhîm was a nation” (An-Nahl: 120), and the Prophet (p.b.u.h) says, “You find people as a hundred camels, which a man can ride any of them.” (Reported by Muslim, quoting Ibn ‘Umar.)

        The glorious Qur’ân warns against being deceived by the mobs and majority based on other than right and justice, since it may constitute a burden when the atmosphere of mobs prevails, and moves man without awareness and will. The Qur’ân says, “And in case you obey most of whosever are on earth, they will make you err away from the way of Allah.” (Al-`An´âm: 116). Erring away means loss, the aimlessness of life, the absence of purpose, and joining the mob without any judgment, testing, or being aware of destination. The Messenger (p.b.u.h) warned against the weakness which afflicts the Muslim nation because of the state of being mobs, and which leads to the phase of the “food vessel” that prevails in the stages of lingering behind and backwardness, thus leading people to be consumers rather than producers. The Prophet (p.b.u.h) says, “Nations are about to come to you as eaters come to a food vessel”. Someone said, “Will this be because we will be a minority then?” He said, “Nay, you will be many that day, but a scum as that of a flood, and Allah will take fear of you from the hearts of your enemies.” Someone said, “O Messenger of Allah! What is weakness?” He said “Love of this world and hate of death.” (Reported by 'Abu Dâwûd quoting Thawbân)

        An Arab poet tried to deal with deception by a great number of people who offer nothing and have no effectiveness. He also tried to set the situation right when he said,

She holds us in shame for our small number. I said to her, “The noble are but a few.” It does not harm us that we are small in number, but our neighbor is dignified while the neighbor of the multitude is humiliated.
 

        The great vindication was achieved through the Hijrah (migration) as is well known for everybody, through one man, the second of two. The result was what we all know — the establishment of the nucleus of the Muslim state, sometime before the existence of the groups reluctant to go to Tabûk, in which minority did not mean defeat, nor majority vindication. These historical incidents of the Prophetic experience are still envisaged by us. If we add to this fact the technological creations, which come as a fruit of the minds of the minority and which, has abolished the value of majority in various walks of life, economic, military, political, developmental, and social, we become sure that issues of civilization are not governed by the balance of minority and majority.

        It suffices to have evidence for this in the status quo of our enemy, after we forgot our history and entered the phase of the “food vessel”, the state of “the scum” and “helplessness”, which Allah’s Messenger (p.b.u.h) told us about, as we mentioned above.

        Jews all over the world do not exceed thirty million, even according to exaggerated estimates, yet they govern or control the world with all its thousands of millions of people. There is no exaggeration in this, nor is there stemming from an inferiority complex; it is rather a fact which is quite clear to everybody, whether those who accept it, refuse it, reject it, or are ignorant of it.

        The issue, and what involves it as it is sometimes put, is governed by the ability to absorb the ways of rivalry between civilization, to think strategically, to cultivate under all circumstances, and to wisely estimate and make use of the available potentialities. The issue in fact lies in establishing piety in its most general sense, the emanation of the effectiveness, discovering effective positions, and the abundance of both devotion and right, so that the deeds may become to be fair, in the same sense Al-Fudayl ibn 'iyâd, may Allah be merciful to him, understood the saying of Allah, The Exalted, “that He might try you, whichever of you is fairer in deeds.” (Hûd:7). He took it to mean that deeds do not attain the status of being fair unless they are characterized by the sincerity of intention, rightfulness, or what we might call will and power, enthusiasm and specialization, or in other words working with the aim of attaining the establishment of the straightforward man, and getting rid of the dependent man.

        Here we may say how numerous are the cases and hardships for which we are at utmost need for emulating the model set by Na`îm Ibn Mas´ûd, may Allah be satisfied with him, who played a great role in the Battle of Al-`Ahzâb (The Allied Parties). He was certainly like what the Messenger (p.b.u.h) said about him: “you are among us a man of no equal, so defend us as best as you can.”

        Hence I say that dealing with the issue of minority and majority or about the rulings thereof, needs a lot of accuracy, since quite often there is a worthless, powerless majority that can not make a decision, and quite often there is a minority which controls and legislates for the majority.

        The cause is one of reality, or a civilizational and cultural case, which may pertain to either the majority or minority, and needs comprehension, insight, and exercising judgment, and is not a case limited to the Fiqh of minority in its absolute sense.

        The issue which we would like to call attention to in this respect is that the Islamic existence all over the world is part of the nature of this religion, whose Messenger was sent as a mercy to mankind, mercy being part and parcel of this message. Allah, Exalted be He says, “And in no way have We sent you except as a mercy to the worlds.” (Al-‘Anbiyâ` : 107)

        And : “And in no way have We sent you, except as a bearer of good tidings and a warner to the whole mankind; but most of mankind do not know.” (Saba’: 28)

        The Messenger's message was universal ever since the first moments or steps in Makkah. Most of the verses revealed there started their discourse by the saying of The Exalted, “O you mankind”, so that the way and the vision would be clear, and the aspects of the mission would be realized from the very beginning.

        Moreover, the roots of this religion are considered to have dated back to the first Prophethood. Allah, The Exalted, says, “Surely this is in the earliest Scrolls. The Scrolls of 'Ibrâhîm and Mûsâ.”

        He also says “He has legislated for you as the religion what He enjoined on Nûh, and that which We have revealed to you, and what we have enjoined on ‘Ibrâhîm and Mûsâ and ‘Isâ (saying) 'Keep up the religion, and do not be disunited therein'. Greatly (detested) to the associators is that to which you call them. Allah selects to Himself whomsoever He decides, and guides to Himself whomsoever turns penitent.” (Ash-Shûrâ : 13)

        He also considered the Prophets and their followers throughout history one nation, even if geographical sites and historical eras were different. Allah, Exalted be He, says, “Surely this nation of yours is one nation, and I am your Lord; so worship Me." (Al-'Anbiyâ` :92)

        Thus the historical perfection and completeness of the journey of Prophethood has become to be realized in the final Message: “They ask you what is made lawful for them. Say 'The good things are made lawful to you, and (such) hunting creatures as you teach, (training them) as hounds, teaching them (part) of what ‘Allah has taught you.' So eat whatever they hold back for you, and mention The Name of Allah over it. And be pious to ‘Allah, surely ‘Allah is swift at the reckoning.” (‘Al-Mâ’idah :4)

        The mission of the Messenger (p.b.u.h) was clear conveyance, vindicating the Religion, absorbing and completing the journey of Prophethood. The Prophet (p.b.u.h) said, “My similitude in comparison with the other prophets before me, is that of a man who has built a house nicely and beautifully, except for a place of one brick in a corner. The people go about it and wonder at its beauty, but say : 'Would that this brick be put in its place! So I am that brick, and I am the last of the prophets.” (Reported by Al-Bukhârî and Muslim, quoting 'Abu Hurayrah)

        Allah, Glorified and Exalted be He, has pledged to make this Religion triumphant over all religion, so Allah, The Exalted, said, “He (is The One) Who has sent His Messenger with the guidance and the religion of Truth, that He may make it topmost over all religion, though the associators hate (that).” (At-Tawbah :33)

        Making it prevail means, among other things, extension and reaching all geographical sites. Allah’s Messenger (p.b.u.h) said, “This matter (i.e. Religion) will extend what night and day extended to, by means of dignifying the dignified or humiliating the humiliated—dignity with which Allah will dignify Islam, and humiliation with which Allah will humiliate disbelief.” (Reported by Imâm 'Ahmad, quoting Tamîm Ad-Dârî) as the call will extend everywhere, and this means establishing the existence of Islam in every geographical area. The Muslim existence means implementing the Islamic Sharî'ah and acting according to the Islamic values on different levels; politically, economically, socially, and educationally as best as possible.

        For this reason, the Companions' understanding and responding to the task were in harmony with the Sharî´ah duties, so, they conveyed Islam to the whole world, for taking it out of the narrowness of this would to the vastness of this world and the world to come, and could live up and adapt themselves to all circumstances, exactly in the same way Islam did in terms of its international and human principles. So, they inhabited the lands, and lived up to their Islam as best as they could in response to Allah's saying "So, be pious to Allah as best as you can." (At-Taghâbun:16). They never suffered from alienation complexes, never made a distinction between land and land in the process of calling to Allah on the grounds that the earth belongs to Allah, and He causes whomsoever He decides among His bondmen to inherit it, or between people and people, or race and race, since the more pious are the more honorable, or between minority and majority, as the capacities and faculties can be made available to the minority, hence, the single individual may equal a hundred or a thousand. "In case there are twenty of you, patient (men), they will overcome two hundred." (Al-'Anfâl: 65)

        Overcoming here is not confined to military triumph, but goes beyond that to other dimensions that comprise cultural and civilizational triumph and manifestation, as mentioned earlier, whereas they can be lacking to the majority; so, each case has its own ruling and requirements.

        However, among the factors that helped Islam to prevail and outspread, and made it exist everywhere, is that it deemed embracing and believing in it a human choice ÜÜÜÜÜ a choice that manifests the dignity, will, and freedom of man. Allah Almighty says, "You are not in any way a dominator over them." (Al-Ghâshiyah: 22), and says, "and in no way are you a potentate over them." (Qâf: 45) and says, "There is no compulsion in religion." (Al-Baqarah: 256). So, there is no domination, tyranny, or compulsion. It also made the Muslim `Ummah or the Muslim community an open community to all races, ethnicities, and colors, clearing, by so doing, this religion of racism, fanaticism, and confinement to color, race, or geographical borders, as was the case with all historical civilizations. So, no one can claim having a truer right to it than anybody else, as the Prophet (p.b.u.h) says "Salmân belong to our household" and " 'Abu-jahl is the Pharaoh of this Ummah.", [Salmân is a Persian Companion, whereas Abu-Jahl is the Prophet's uncle who was hostile to him.] So anyone who embraces Islam entertains Islamic brotherhood and its rights, and has duties and rights as any other Muslim does.

        So, we can say that all of this helped prevailing and existing everywhere, crushing all barriers of fanaticism and seclusion, and leading to integration, openness, cooperation, and the existence of the Muslim, who wherever he lives, does not suffer from color, race, or alienation complexes, and performs the religious duties as best as he can. Allah Almighty says, "Allah does not charge a self (anything) except its capacity." (Al-Baqarah: 286) This means that he should act according to Islam as best as he can.

        Among the issues which are closely related to the existence of Islam in countries known as non-Islamic countries, is the issue of immigration, which is considered part of Jihâd, and necessary for the evident proclamation and conveying Allah's message of Islam, and the task of the evident proclamation.

        Verily, making Islam, the religion of the Truth, topmost above all religions requires conveying the message and proclaiming it in all posts and places, in order that the Muslim may fulfill that which he is entrusted with. We have already pinpointed the glad Prophetic tidings that this religion will reach everywhere on earth, and spread in desert and urban areas alike, which signifies the existence and spread of Islam one way or another everywhere, whether the majority of inhabitants were Muslims or non-Muslims.

        Therefore, we can say that immigration is a call and a movement, jihâd, and an attempt to bypass the stagnant current state of affairs to a more advantageous situation, and to turn to a more profitable struggle. However, I do not think that immigration has a fixed set of rulings applicable to all cases, but each case has its rulings pursing the constitutional, administrative, and demographic conditions and circumstances, provided that immigration keeps linked to its legal objectives and start-points, and does not turn to negative sideways, overwhelmed with the philosophies and justifications of withdrawal and defeat, but keeps exactly as jihâd is, since it is not permissible to run away or flee the arena except in the cases of marching to fight or taking the side of another group. Allah Almighty says, "O, you who have believed, when you the ones who have disbelieved (marching to battle) then do not turn your backs to them. And whosoever turns his back upon that, except (in case) of digression to fight or taking the side of (another) community, he has then incurred anger from Allah, and his abode is Hell ÜÜÜÜÜÜÜ and miserable is the Destiny" (Al-'Anfâl: 15-16).

        The principal religious purpose of immigration is to flee to Allah on both levels of self and place. So the Prophet (p.b.u.h) defines the immigration as "The immigrant is who abandons that which Allah has forbidden.” (reported by 'Ahmad quoting Ibn-'Amr), even in case he has not changed his place, as he has performed a psychological immigration by clearing himself of the ignorant idolatry cultural state of affairs, which is overwhelmed by worshipping other than Allah, as manifested by Allah's saying:"And so defilement forsake." (Al-Muddaththir: 5)

        So, for a rational reason that Allah wants, and for clarifying the role of migration in proclaiming the religion, and that Muslims may not resort to meekness, relaxation, or falling into luxury, or falling before the unjust, and because immigration is a lasting state as long as life lasts, the Prophet (p.b.u.h) made it the model and example for purity of intention, so, he said "Actions are but by intention, and every man shall have but that which he intended. Thus, he whose migration was for Allah and His Messenger, his migration was for Allah and His Messenger, and he whose migration was to achieve some worldly benefit or to take some woman in marriage, his migration was for that which he migrated."

        The legitimate direct purpose of migration is to move from a country of infidelity and association to a country of Islam, or to flee with religion from temptations to a place in which the Muslim is secure from sinning, or from a country where the Muslim is tempted away from his religion and harmed because of his belief, etc. Allah Almighty says, "O My bondmen who have believed, surely My earth is wide; so Me (alone) do you worship." (Al-'Ankabût:56). Ibn-Kathîr (may Allah's mercy be upon him) explains this verse by saying: "This is a commandment from Allah Almighty to his believer bondmen to immigrate from the country wherein they cannot establish the Religion, to the wide land of Allah wherein they can establish the Religion."

        So, Islam has deemed immigration the reason and tie of loyalty. Allah Almighty says, "And the ones who have believed, and have not emigrated ÜÜÜÜÜÜ you are in no way to offer them patronage in any thing till they emigrate." (Al-'Anfâl: 72)

        Immigration is a movement of calling to Allah and jihâd, as mentioned earlier, and is not a negative movement of fleeing and withdrawal from a post. So, its ruling can only be decided according to circumstances, that is, some circumstances require firm standing at position, putting up with harassment, and forbearing temptation, if this was to lead to an interest for Islam and Muslims such as gaining promulgation and victory to Islam, and that tempting so and so or hurting so and so does not cripple Islam, or when tempting someone becomes awakening to the `Ummah and exposition of tyranny. In these cases, sticking to the land and not evacuating it to Allâh's enemies become a religious duty, and the internal migration through abandoning that which Allah has forbidden, firm standing, and setting an example to follow become a must. This situation, in some aspects, is implied by the saying of the Prophet (p.b.u.h), "No immigration (is demanded) after the opening (of Makkah) but jihâd and resolution (are demanded)." (Reported by Muslim quoting 'Aishah.)

        However, immigration becomes a duty in case of complete siege, lack of channels of movement, and impossibility of response and call. Then, other positions must be thought of, even if they are located in non-Muslim countries, in case they give some freedom that makes proclaiming the religion possible.

        Ibn Taymiyah (may Allah's mercy be upon him) realized this dimension of immigration. He said "In case the settler there (i.e. in a non-Muslim country), was unable to establish his religion, then he must immigrate." Al-Mawârdî maintains that in case a Muslim could proclaim the religion in a non-Muslim country, he should stay there, for hoping that others may embrace Islam.

        Immigration, nowadays, has become controlled by powerful authorities, which narrowed Allâh’s wide earth by the laws of immigration they have legislated. Thus, they extended their domination, and became able to utilize brain drain, by tempting these brains to immigrate to their countries, so that they can build their civilization on their production, and build, meanwhile, tyrannical political systems that contribute to this by expelling experts, professionals, and specialists to these centers of attraction. Not only that, but they created controlled margins of freedom in an attempt of civilizational plundering. Thus, the untrue picture remains that those who grant freedom in their countries to the immigrants and settlers are the same who deny it in some Islamic countries and spread all forms of tyrannical political systems, support them, and back them. This is a form of temptation, which tempted many young Muslims, and absorbed them without making them realize that those who grant them this freedom here are the same who deny them freedom there, support tyranny, and chase freedom in their countries, so that they end up there.

        Therefore, we say that whoever tries to lay down rulings and Fatwa (religious judgments) for the issue of immigration must be fully aware of all aspects of the issue, able to assess all its future consequences on different levels, aware of the fact that what may fit a time or place may not fit another time or place, and that issuing verdicts isolated from the relevant arena without realizing the whole situation may incur many unfavorable complexities.

        Some circumstances may require standing firm in the land, and not immigrating from or evacuating it to Allah's enemies, even in cases of weakness, because this may constitute evacuation for the good of "the other".

        However, immigration may be compulsory in cases of social and cultural blockage. The Muslim, however, may find in non-Muslim countries enough room for practising faith and call, and presenting a civilizational and human example worth following. The role and effect of immigration becomes ascertained if we knew that the wide spread of Islam and embracing it was due to the example given by the callers to Allah, be they merchants or immigrants.

        Generally, we can say that each case has its rulings, and each case of immigration has its causes and reasons, and we cannot apply one ruling to all cases and circumstances. The whole earth belongs to Allah, and proclaiming the call and conveying it is the duty of every Muslim according to his capacity. Actually, the existence of Islam and demonstrating it has become, geographically, culturally, and on the international and media levels, well-established, stable, and constant.

        I believe that this issue requires reflecting on the terms Dârul-Harb and Dârul-'Islâm “land of war” and land of Islam, respectively), and some prefabricated rulings ready for application in various places and different situations, without being able to review and reason about the application, taking into consideration the change- ability of customs and legislations, the changes that occurred in the societies, the laws, rights, and duties of citizenship, and the laws of immigration and residence.

        The issue, in my view, requires reviewing and reconsidering the denotation or the concept of these terms. It is intuitive and axiomatic that the message of Islam is a universal message, that it addresses man wherever he is, that it's geography is the wide earth of Allah, its topic is the created man, that it is the right of every person and not confined to a certain individual, and that once anyone had embraced Islam, he entertains the Muslim membership of the Muslim 'Ummah, and acquires the attribute of brotherhood and the rights it entails.

        This applies to the field of calling to Allah, or of thought and creed, which is the constant field in all cases of weakness and strength alike. The spread of Islam nowadays in the most advanced materialistic societies, and in the most backward, despite the unenvied situation of the Muslims, may constitute an evidence that the call to Allah is continuing, its domain is open, and its contribution is being renewed – a fact which reflects eternity.

        But Islam, as it is certain and a historical reality, is not just a call, or just a nation outspread all over the earth; rather, it is a call and state, wherein the state is a state of call and thought, and presents a means of spreading and protecting the call. Islam is a nation and a government that extends its sovereignty and supervises carrying out the laws and applying them to the nation. Islam is not just a moral precepts that live in the individual's conscience without controlling his reality and behavior with legal rules, and rectifying his deviance with deterring punishment.

        This reality will, naturally, yield a political geography, a place on the international map, cultural characteristics, a social type, and legal and educational uniqueness. It will also entail relations, treaties, conflicts and discords, exactly as is the constitutional reality of all countries. Therefore, it was inevitable to have a term applicable to this geographical area, be it the “land of Islam” or any other adequate term. Hence, the term “land of Islam” came into existence, and the emergence of the terms “land of war” and “land of treaty”, versus the nature of other countries and their relationship with the “land of Islam”.

        The most important issue here is that the “land of war” and "land of treaty" are defined in view of the existence of the “land of Islam” with all its attributes and essentials. The most important essentials are represented by the establishment of the state of thought, or the state of the Islamic message that establishes Allah's ordinance on earth. The jurists have laid down the characteristics and attributes of the state of Islam or the Islamic society, according to which a society can be described as an Islamic society, and the land on which the Islamic state extends its sovereignty as a “land of Islam”, whether the term used is a constitutional term or an international law term, and on the state level, (not on the national level) which is spread all over the earth. So, in case the Islamic entity or the state that establishes Islam applies its rules, and bases its legislation, education, politics and economy on its values, the Muslim society, in other words, is lacking, then, the society is called a society of individual Muslims, where these individuals practice Islam as much as they can, and strive for establishing the Muslim State. In such circumstance, i.e. the absence of the Muslim State, we cannot tell the “land of war” and “land of treaty” is, as they can only be defined in view of the existence of the “land of Islam”.

        However, it is difficult, on the national level, to stick to that term and oblige its consequences, since Muslims who live in non-Muslim countries may be having political freedom, practices, and rights that are lacking in many other Muslim societies, even if they were the majority, that is, an oppressed and repressed majority.

        The other aspect which we see that it needs clarification is that the terms relating to political geography are man-made terms which are prompted by the international circumstance and reality of that time, and are not binding, as recent developments, changes in the nature of societies, the advancement of the international laws, and the establishment of covenants and joint international foundations may urge coining new terms of more recent and definite significance.

        Here, we address an issue which has been overlooked by some researchers including those who claim specialization and reasoning, consideration and renewal, and release claims and projects of renewal. The issue is that the terms “land of war” and “land of Islam” are tentative terms, which is true, and that it is preferable to replace “land of Islam” by the responding nation, referring to those who responded and believed, and  replace “land of war” byr the call nation, referring to those who have not believed and are addressed by the call. This proposal was raised by Ar-Râzî in his Qur'ânic interpretation. This opinion, though right, accurate, and acceptable regarding the general meaning, and on the national level, is neither accurate nor right, on the State, international- law, or political-geography level, as mentioned earlier, due to the existence of Muslim minorities who belong to the responding nation, in non-Muslim societies, who belong to the call nation. So, how can the sovereignty of the Muslim State be geographically extended to them?

        I believe that the religious assignment discourse, and the legislative rulings assigned to the nation as a State and authoritative institution.

        Therefore, the Muslim minorities living in non-Muslim countries are deemed a part of the Muslim nation, a case which we can call cultural geography, not a part of the Muslim State or “land of Islam”, in case the Muslim State exists ÜÜÜÜÜÜ a case which we can call political geography.

        And I believe that many of the Sharî'ah rulings for emigration or the religious rulings for what we called "living in non-Muslim countries" need reviewing in the light of cultural, media, and social changes. The world has become almost one media State, and the Muslim minorities living in non-Muslim countries have become able to live with the culture, issues, and problems of the Muslim world, and to learn the religious rulings and the Islamic culture through more that one medum. Moreover, their existence in those countries may be necessary for the call to Allah and the spread of Islam, giving an ideal example to follow, combatting the enemies, and, possibly, gaining access to whatever is not available in the Muslim countries.

        All the intended Islamic immigrations throughout history contributed to either spreading the Religion, or establishing the Muslim State. We may not need to give examples from more that one place, but it suffices us to say that the exemplary emigration from Makkah to Al-Madînah is the one that formed the historical human turning point and established the State of Islam. And for a reason Allah Almighty wanted, the exemplary Islamic State was destined to be established in the Jewish stronghold at Al-Madînah Al-Munawwarah (the enlightened city) not in Makkah around the House which was built on the bases of oneness, so that this may be an evidence, a guide, and an incentive to all the coming immigration till Allah inherits the earth and all who are upon it, and an indication that weakness , by Allah's will, will turn into power, and that the feeblest of houses, which is the spider's house, was, on the face of it, a reason for protecting the Prophet (p.b.u.h) during his migration to establish the Islamic State.

        The Muslim has only to know his Islam, and how to call to it, and, by so doing, will be influential and effective wherever he might be. Hence the Prophet (p.b.u.h) says, "Be pious to Allah wherever you are." (Reported by At-Tirmithî, quoting ''Abu-Dharr) The earth belongs to Allah, and He causes whomsoever He decides to inherit, and the Muslim's responsibility is an international one, that is, to save the people and bestow mercy upon them. The individual, may equal a nation, as mentioned earlier; hence, matters should not be measured by the majority and minority, since how often a majority turns out to be useless, and how often a minority has shown a great value, if they properly dealt with the laws of the struggle of civilizations.

A final word:

        This book was originally an academic study of some Islamic rulings for Muslims minorities, wherein the author has addressed the Sharî'ah rulings and different reasoning adequate depth, and tried his best to present the preponderant reasoning, whether in the field of worship, transactions, social relations, or the issue of loyalty and quittance in so far as he could scrutinize the circumstances and conditions of the world state of affairs nowadays.

        Confining ourselves to reviewing and reasoning in the field of legislative jurisprudence, though important and necessary, may not be required; rather we should reflect on the educational curricula, designing cognitive systems and resources of cultural formation and reinforcement, pinpointing the position of the Islamic culture among other existing cultures, and the ability to contain different situations, since the rulings and methods that fit for a minority in a society may not fit for another minority in another society of  a different nature, and what fits for the Muslims in the Muslim countries may not fit for Muslims in non-Muslim countries.

        It might be highly important to think about localizing the call so that educational, legislative, and cultural jurisprudence may be relevant to the local reality; hence, the significance of Allah's saying "A Messenger (one) of them" gets materialized, not calling them from behind the borders and without fleeing their suffering.

        The file of Muslim minorities in non-Muslim countries remains open for more jurisprudential and cultural levels, in view of social developments, international covenants and institutions, human rights conventions, the civilizational contribution in the field of the media, information network, and the space channels that occupied the space and stormed the political boundaries, and, thus, made the minorities look like majorities in power and influence, made the majorities look like minorities as to powerlessness, slackness, and being under co, and made scientific and educational prospects available everywhere.

        Therefore, the issue needs much more scrutiny, consideration, strife, and planning.

        Allah is the One whose help is to be sought, and He indeed guides to the Straight Path.
 
 

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MINORITIES 1

INTRODUCTION

        Praise be to Allah, Whom we thank and ask for help and forgiveness. We take refuge in Allah from our evils and misdeeds. None can mislead whomever Allah guided, and none can guide whomever Allah forsakes and adjudges to be astray. And I testify that there is no god but Allah alone without partner and Muhammad is His bondman and Messenger.

        Islam is an integral way of life that deals with all aspects of life, puts all human relations in order, and sets rules and bases for them that conform to the requirements of truth and justice.

        Islam has not confined itself to stating the relationship between man and His Creator, which is the basis of all other relations, but it has been vast enough to comprise the social relationships between Muslims one another, and between Muslims and non-Muslims, in a way that humanity has never known before.

        Neither did Islam confine itself to laying down theories; it linked theory to practice closely in many texts, and commanded its followers to adjust their behavior according to its rules and teachings, and consolidate the connection between thought and behavior to deserve being the most charitable nation that guides to truth, which has been missed by many people.

        Islam is the religion that has hegemony over all other religions, and its adherents are the witnesses of mankind. And in order that a Muslim may be a true witness he has to be up to his Islam, in his way of life, thought, conception, and behavior.

        Such a sublime level cannot be achieved but by full submission to Allah, and strict adherence to the way of Sharî'ah (Islamic Law). By so doing, one becomes a caller to Allah by his behavior in his surroundings, and an ambassador of Islam in his community. And how many a society has embraced Islam for what they have seen of the callers’ noble manners and kind attitudes towards others, and being dutiful and just to them. So, they could not but subdue their minds and perception to the thoughts and creed of these callers. Thus, the noble objective of creating mankind, sending messengers, and revealing books comes true.

        And since Allah Almighty has promised to grant victory to his religion, and make it known everywhere, through dignifying some people and humiliating others, it was natural to find Muslims living in non-Muslim countries due to birth or migration.

        Such Muslims are mostly one of two groups: a hard-line group who isolate themselves from the followers of other religions, treat them harshly, and may go as far as deeming capturing their riches lawful; The other group is an excessively lenient group towards their opponents to the point of seeking their friendship and contentment and fully mixing with them and losing their religious identity.

        So, this study emerged as a contribution towards the efforts of awakening, in order that Muslims may restore their pioneer role, be a torch that lightens the way, guides, and enlightens Muslims. I relied on the Qur’ân, authentic Sunnah, and unanimous opinions of Muslim scholars, seeking guidance from the sayings of the Prophet's Companions, his followers, and others, and keeping away from fanaticism, or following a particular Imam, but following the evidence wherever it may lead to, because we seek the satisfaction of Allah alone.

        This study falls into two chapters, each chapter includes a number of topics, questions, and selected branches which Muslims living in non-Muslim countries aspire to know in order to rectify their behavior towards their opponents, control their way of dealing with others with whom they live, on sound bases.

        I should not fail to draw the attention to the fact that these rulings have been selected from a voluminous thesis (about 700 pages) that contained rulings relating to different domains of life that Muslims living in non-Muslim countries need to know.

        In fact, it is the thesis for which I obtained an M.A. degree from “The Imam Al-'Awzâi Faculty for Islamic Studies” in Beirut, 1415 A.H., under the title “ The Rulings of Sharî’ah Relating to Muslims living in non-Muslim Countries” which will be published soon by the will of Allah.

        Rulings selected here are the outcome of discussions and argumentation with a large number of specialists who lived in non-Muslim countries for long periods.

        Allah is the Granter of success.

        Khâlid Muhammad ‘Abdul-Quâdir

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CHAPTER ONE

Non-Muslims Communities and the Attitude of Sharî’ah Towards Them

        Grouping human communities on the basis of religion is not a theoretical matter that has no effect on life for us, or does not require rulings for it. Indeed, this research is nothing but an account of this grouping, for the grievously important effects that it entails, which are relevant to Muslims in this life and the Hereafter. Hence, the upright Sharî’ah has laid down many rulings for explaining to a Muslim how to deal with non-Muslims, how his attitudes towards them should be in different walks of life, how his relations with them should be, and his position in relation to their governments, under whose laws he lives. Non-Muslim communities vary according to the origins of their beliefs. They are neither alike, nor are they on the same degree or the same level from the Sharî´ah point of view.

THE FIRST TOPIC

Divisions of Non-Muslim Communities According to Their Religions

        Humankind, from the Islamic Sharî'ah viewpoint, is divided into two big groups:

                        A- Muslims.                                                                                   B- Non-Muslims.

        What we are concerned with explaining here is the well-known sects of non-Muslims. They are so many, with different names, but the entire are infidels .The infidel is the person who does not believe in the Oneness of Allah, the prophethood of Muhammad, his Sharî'ah, or all of these.

        In brief, He is the one who does not believe in the true religion of Allah (Islam).

        They fall into different groups:

        FIRST: THE PEOPLE OF THE BOOK

        Scholars differed as to defining the people of the Book, and whom this description applies to. These are two groups:

        The First Group: The Hanifites

        They defined the people of the Book as “ Those who believe in a Divine Religion and have a revealed Scripture, such as the Torah, the Bible, and the Scripture of `Ibrâhîm, Shîth, or the Psalms of David”. This viewpoint was also held by Ash-Shâfi’î.

        So, the people of the Book, in their views, are not the Jews and Christians alone, as is widely known, but any people who have a Divine Scripture.

        It seems that the Hanifites and their followers only considered the linguistic aspect of the word “ The people of the Book”, that is, those who have a “Divine Scripture”. 'Abu-Ya'la, a Hanbalite, maintains the same opinion.

        The Second Group: The majority of scholars and jurists

        They maintain that “The people of the Book are only the Jews and the Christians”, pursuing Allah’s saying,

 

       Magians are people who glorify light, fire, water, and earth, and deem Zorodster a prophet. It has been said that he had a Book, that they had Laws which they believed in, and that they fell into many sects. Scholars disagreed as to whether the Magians are people of the Book or not. They fell into two groups:

        The first group: the majority of scholars, who says that they are not people of the Book.

        The other group: including Ash-Shâfi’î,who says they are.

        Ash-Shâfi’î said in Al-‘Umm – a book by Ash-Shâfi’î 4/173 – “Magians are people of the Book, like the Jews and Christians”. It was also reported that ‘Alî (m.A.b.s.w.h.) said that the Pagans use to have a Book and a Law, but they ceased.

        As-San’ânî said, “It is evident that the saying of the Prophet (p.b.u.h.) “Treat them like people of the Book” implies that they are not people of the Book.

        I hold that what supports the opinion of the majority of scholars is that they are, except for 'Abu-Thawr, unanimous that eating their slaughtered animals and marrying their women are prohibited. On the other hand, the sayings of ‘Alî (m.A.b.s.w.h.) and Ash-Shâfi’i (may Allah bestow his mercy upon him) do not conform to the Verse “Lest you should say, The book has only been revealed to two communities before us, and (as for us) we remained unaware of what those (Books) read”. (An-Nisâ': 156). If we consider the face meaning of this Verse, we will find that there are three groups not two.

        Their location: In Iran, there exists a group of Magians of about one million at present, with their places of worship, and Fire, which they never allow to go off.
 

        The Arabic word dahr means long time, long life, and the succession of night and day.

        A group of them said that things have no beginning at all, but are immediately active, and that the world eternally exists.

        Recently, communists agree with those atheists with regard to their views of the universe and life. Communism is an ideology based on atheism, that is, denying the existence of Allah Almighty and all the unseen, and that material is the basis of everything. Communism explains history in the light of class struggle and the economic factor, and their slogan is: We believe in three; Marx, Lenin, and Stalin, and disbelieve in three; god, religion, and private ownership. They deny the Hereafter, believe in the eternity of material, and fight religion and private ownership. Among their military slogans: Revolution gains victory by iron and fire.

        Communism is known for its cruelty, violence, and brutal liquidation of its opponents. But recent developments in what used to be known as The Soviet Union gave a détente to religions.

        Fourth: Associators:

        Association means that a person takes as god other than Allah, whom he/she considers equal to Him, loves him as he loves Allah, glorifies him in a way similar to glorifying Allah, and worships him in a way similar to worshipping Allah. This is the status of the associators in the world, who make their gods equal to the Lord of the worlds.

        The Prophet (p.b.u.h.) was asked about the gravest sin in Allah's reckoning. He said, “To make a god equal to Allah, Who created you”.

        Associators admit the Lordship of Allah Almighty in general, and that He is the Creator and the Owner, but they do not assign Him as the only One to be worshipped and resorted to. Moreover, they worship other gods such as idols, the sun, angels, fire, people, etc. excepting that they may bring them near in proximity to Allah.

        Among the influential, widespread associators who have overwhelming majority in their countries are Hindus, Confucians, Buddhists, and Sikhs.
 
 

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The Attitude of Sharî'ah Towards its Opponents And the Principles of its Relation to them

        It is quite certain, following the unanimity of the 'Ummah in the past and at present, that the call to Allah is a universal one. Allah Almighty says, “And in no way have We sent you except as a mercy to the worlds” (Al-Anbiyâ’: 107) and says, “O you mankind, the Messenger has already come to you with the truth from your Lord; so believe; most charitable is it for you” (An-Nisâ’: 170) and says “Say O you mankind, surely I am the Messenger of Allah to you altogether” (Al-’A'râf: 158)

        And in an authentic Hadîth, Jâbir May Allah be satisified with him (m.A.b.s.w.h.) reported that the Prophet (p.b.u.h.) said, “I have been given five (traits) which none of the messengers before me was given” and mentioned among them ‘ A Prophet used to be sent to his people, but I have been sent to mankind as a whole”

        So, the Messenger Muhammad (p.b.u.h.) abrogated all the preceding Divine messages and man-made creeds, has hegemony over them, and manifests the eternity of Islam. That is, it is the final stage of Allah's religion, and His final word to mankind; therefore, it addresses all human beings as obligatory, and they all have to respond to its teachings. It is the religion of the original innateness upon which Allah originated all mankind, and the course for a virtuous life that aims at man's sublimity, mentally, emotionally, and morally.

        This Sharî'ah came to encompass life as a whole, and to address the Jinn as well, and call them to it. So, it is neither local nor racist, but universal. Accordingly, it realistically acknowledges the opponents' human nature.

        And as long as this is their nature, its relationship to adherents of other creeds is based on calling them and guiding them with evidence and explanation by logic and proof. It, meanwhile, considers the opponents as misguided and following the untruth; so, Allah Almighty says, “That is because Allah – He is The Truth, and whatever they invoke, apart from Him, is the untruth” (Al-Hajj: 62)

        Our scholars fall into two groups with regard to conveying this call to the opponents:

       The first group, which comprises the majority of early scholars, holds that Muslims should prepare power, mobilize armies, head towards the opponents’ countries, and, before fighting them, offer them a choice between embracing Islam, paying the Jizyah (head-tax), if they were entitled to paying it, or fighting.

        They also see that “war” is the principal relationship between Islam and infidelity, and that “peace” is an exceptional case and interim circumstances. The reason behind war is indefinitely pursuing Allah's saying: “And fight them until there is no temptation, and the religion is for Allah.” (Al-Baqarah: 193); and His saying, “Then kill the associators wherever you find them”; and “And fight the associators as a whole as they fight you as a whole.” (At-Tawbah: 5 and 36, respectively)

        They interpreted the word ‘temptation’ in the first Verse by ‘infidelity’ saying that it means ‘fight them until there is no association, and untrue religions get eradicated so that Islam alone remains’.

        They also quoted as evidence the saying of the Prophet (p.b.u.h.): “I have been ordered to fight people until they witness that there is no god but Allah, and that Muhammad is the Messenger of Allah”.

        The other group comprises the majority of contemporary researchers and a few early scholars. They maintain that ‘peace’ is the principal relationship with non-Muslims, and that ‘war’ is an exceptional and interim matter.

        They say that the State must prepare and qualify the callers to Allah, send them to non-Muslim countries to propagate the blessings of Allah there, and equip them with all that is required for working in the field of calling to Allah, bearing in mind to base their relationship with non-Muslims on safety and peace not on war and fighting, unless non-Muslims tried to afflict the callers to Allah to tempt them away from their religion, and bar them from the way to calling to Allah. Then, they must be fought, since tempting someone away from his religion is an assault on the most sacred thing in human life, and hence, is deemed worse than killing, as the chances should be given to them to explain to the public what they are called to.

        It is not permissible to start fighting non-Muslims, except in case that they attacked the religion, the Muslim State, breached treaties, or for supporting persecuted Muslims.

        War is nothing but a tool for removing barriers that block people from listening to the call to Allah, strive to contain the human conscience, and claim Allah’s right of Lordship, and for establishing Allah's Authority, Word, and Justice on earth. War, then, is only a palisade for the concept of truth, justice, non-transgressing, and non-aggression, which the Qur'ân repeats quite often.

        Sayyid Qutb, may Allah's mercy be upon him, explains Allah's saying: “And the religion is for Allah” as “Establishing Allah's religion on earth, so that nothing may deter whoever wants to embrace it, and he may never fear from any power on earth that may bar him from reaching it, responding to it, or remaining an adherent of it. It is a Jihâd for protecting the Faith from blockade and keeping it from temptation”.

        They quoted the following as evidence:

        From the Qur'ân: Allah's saying: “And fight in the way of Allah the ones who fought you, but do not transgress”, and “There is no compulsion in religion” (Al-Baqarah: 190 and 256, respectively). These Verses show that compulsion and repression are not amongst the ways of calling to the Religion, as it is only based on heartily belief, which can only be attained by persuasion not by the sword. They also quote as evidence Allah's saying: “And in any case they are bent on peace, then be bent on it.” (Al-'Anfâl: 61)

        They also say that the authentic Biography of the Prophet (p.b.u.h.) as well as his Caliphs, who followed his guidance, show that they only fought those who initiated aggression against Islam, or breached a treaty with Muslims.

        The first group replied saying that the “Verse of the sword” has abrogated this evidence, and that it generally applies to all non-Muslims and all lands except for what has been specified by the Qur'ân and Sunnah.

        In fact scholars of Sharî’ah and Qur'ân interpretation have vast differences of opinion regarding abrogation, though they are unanimous that “abrogation can only be accepted by evidence”. So, the whole issue is a matter of difference of opinion, and the decisive word can only be elicited from the biography of the Prophet (p.b.u.h.) and his guidance in Jihâd.

        Muhammad 'Azzah Darûzah (may Allah's mercy be upon him) says, “It is certain that the Prophet (p.b.u.h.) did not fight but the transgressing enemies, and those who breached the treaties”.

        Also, Muhammad 'Abû-Zahrah, (may Allah's mercy be upon him) says, “ Islam has never pulled out a sword on a truth seeker, or transgressed against anyone. But there was brutal assault, and there were kings who exhausted their subjects, strained them, prevented them from approaching the light of truth, and killed those who believed in the Truth they realized and the Religion they were satisfied with. So, the law of cooperation necessitated that oppression should be stopped, and all afflicted people should be freed from slavery and humiliation. Therefore, war was launched, since keeping quiet in these circumstances contradicts cooperation, and fair war is true cooperation, as it bars temptation in religion”.

        I am of the opinion that this statement is away from being wrong. Anyone who looks at and investigates the Prophet’s Biography becomes quite certain of this saying, as the associators of Quraysh were the most bitter in enmity to Muhammad (p.b.u.h.). They left no means or method that may weaken or liquidate him and his call without using it. They started with accusing him of telling lies and oppressed him and his followers in Makkah, and ended up with the Battle of Al-'Ahzâb (The Allied Parties) for which Quraysh gathered all that which they could, together with all their allies of Arab tribes, instigated by the enemies of Allah, the Jews of Banû Qurayzah, to eradicate this Truth that turned everything upside down, and changed the established system of society. After these allies have been driven away from Al-Madînah, the Prophet (p.b.u.h.) said, “Now we can invade them, while they cannot, and we can march to them”. Why?

        To repulse transgression and injustice of those who never stopped terrorizing Muslims, forcing them to abandon their religion in all ways of torture, driving them out of their houses, and confiscating their riches.

        As to the other Arab tribes, they were divided as to alliance with the Romans or with the Persians. They also were a grave threat to the Muslims, as they were instigated by their masters (The Romans and Persians).

        Read what 'Umar (m.A.b.s.w.h.) said “I had a friend from Al-'Ansâr (Supporters), so, when he went away I told him what happened during his absence, and he did the same to me when I was absent. We feared a king from Ghassân, who, we were told, wanted to march to fight us, so, we were really afraid of him”.

        As for the Persians and Romans, they used to turn their allies against any power or creed that unites the people anew, or competes with them in the area under their alliance, in order that they may remain the only dominating power. Hercules used to apprehend and kill the Arabs of the Levant who embraced Islam, and Caesar sent someone to bring him the head of the Truthful Messenger when he sent him a message to call him to Islam, and to remove the shades covering the minds and conscience of his subjects. Moreover, they represented a practical threat to the Islamic State.

        These crimes are quite enough to motivate the Prophet (p.b.u.h.) and his Caliphs after him to get rid of these oppressive powers, which severely opposed the Islamic call and its followers, when the Muslims attained the power that enabled them to topple the thrones of the Persians and Romans.
 

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THE THIRD TOPIC

Divisions of non-Muslim Lands in View of their Attitude Towards Islam and its Followers

        Our early scholars used to divide the world into two main divisions, i.e., Islamic lands and lands of unbelief, and described each of them in terms of the creed of their inhabitants, the nature of the ruling political system, and the legal rules dominating them.

        Accordingly, lands inhabited by non-Muslims were called lands of unbelief. How did our jurists define them, and what are their divisions?

        They defined then as “Lands wherein the majority of inhabitants are non-Muslims, that apply non-Islamic laws, or in which Islamic Law cannot be applied”.

        Lands of unbelief are subdivided into two kinds, hostile lands (or the war land) and treaty lands (i.e., lands with which Muslims concluded peace treaties).

        FIRST: THE WAR LAND

        “It is the lands where war is actually in progress or potential between them and Muslim lands, and that are not partners with Muslim lands in a peace treaty”.

        So, such lands are not in a state of peace treaty with Muslim lands due to their aggressive stance such as actual military aggression, blocking the way of the call to Allah, transgressing against the callers to Allah, supporting those who fight us and usurp our land, or the like.

        Hence, Allah made it incumbent on Muslims to take all measures of precaution to defend Islam and its followers wherever they exist in the world. The way non-Muslims look at Muslims is hostile, malicious, and malignant. Scholars are unanimous that the war land is a land where all acts are permitted.

        SECOND: TREATY LAND:

        The First Branch

        Definition:

        Treaty means an agreement between the Muslims and war lands to stop fighting between them for a certain period on certain conditions.

        Scholars are unanimous that treaty people are those who concluded an agreement with the Muslims to live in their countries – whether the agreement was for money or not – without applying the Islamic rules to them as is the case with 'Ahl Aththimmah (The protected people who adhere to their original faith), who have abstained from fighting the Muslims. These are called the people of the covenant, the people of treaty, or the people of truce.

        According to this definition, treaty lands are not considered Islamic lands, unless they were taken by Muslims, either by force or by reconciliation, and the Muslims practiced their religious rites there, and whether the treaty stated that the land is for Muslims or for the other party in return for paying kharâj (tribute on land) or Jizyah (head tax) and in this case the land remains a non-Muslim land for not being ruled by the Islamic Law.

        When a treaty is concluded with its conditions and general principles, Muslim scholars are unanimous that all its obligations must be kept. Among the conditions of keeping the treaty is that the other party should observe it in letter and spirit. Allah says, “ So, as long as they go straight with you, so, go straight with them”. (At-Tawbah: 7) Here we must draw the attention to an important and extremely serious point which some scholars may overlook, that is, regardless of the necessity of observing treaties and fulfilling them, the Muslim leader should be cautious and alert, monitoring the enemies' moves and behavior, and should not feel secure with them or leave his ports unprotected. Hatred cannot be eased just by signing a treaty, since they respect neither consanguinity nor treaty toward us, and therefore, it is prohibited to us to abandon mobilization just for concluding a treaty, a step which may make every mean person look to us as a prey, especially that we are targeted for being killed or making us abandon our religion. Allah Almighty, says “And they will not cease fighting against you till they revert you from your religion.” (Al-Baqarah: 217)

        The Second Branch:

        The Consequences of a Non-fighting and Safety Treaty:

        The Islamic political thinker Al-Mawârdî says, “The truce contract entails three things:

        “The ruling of Islam concerning this issue is that it should be fulfilled, even if it were from an atheist, unless it stipulates an invalid condition that leads to disobeying Allah”. Hence, it is also forbidden to kill or torture them in accordance with the law of fulfilling the covenant, that is, “The rule of worshipping Allah and fearing Him”.

 

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CHAPTER TWO

Some Rulings for Muslim Minorities

       We present here one of the most important rules of Sharî'ah; that is, A Muslim is bound to observe the discourse of Sharî'ah wherever he lives, since living in non-Muslim countries does not nullify any of the rules of Sharî'ah. So, what is incumbent on Muslims in Muslim countries is incumbent on them in non-Muslim countries. The same applies to what is prohibited and what is permissible so long as the individual adheres to the principles of the Religion.

        We have chosen six topics to present in this chapter as follows:

        THE FIRST TOPIC: The Rulings for Muslims Living in Non-Muslim Countries

        Since the natural situations in Muslim countries is that the Muslim individual can practice his worship, is provided with the facilities for doing it, is reminded if he neglects it, coupled with being safe and secure, immigration to Muslim countries has been ordained and has been imperative.

        Hijrah (immigration) originally means “abandoning words or actions”, and also means “moving from land to land”

        In Islamic terminology, it means abandoning residing with infidels and hypocrites who do not enable him to obey Allah's commandments. Of this is Allah's saying: “And so defilement forsake” (Al-Muddaththir: 5)

        It may also mean moving from non-Muslim countries to Muslim countries.

        In the beginning I say that the rule is that a Muslim should not live but in Muslim countries. Otherwise, he should have a good reason for staying there, provided that he should intend to leave it once the reason is over, since “the intention to stay in non-Muslim country without a legitimate reason is unacceptable.”*1

The Ruling for Immigration:

        The ruling for immigration from non-Muslim to Muslim countries is closely linked to how far a Muslim is secure in practising his religious rites. In case he cannot freely practice his religious rites, he should leave that country when he can. The jurists are unanimous on this opinion, pursuing the following evidence:

        First: Allah's saying, “Surely the ones whom the angels take up (while) they are unjust to themselves ÜÜÜÜ (the angels) say, 'Wherefore were you?' They say, 'We were deemed weak in the earth” They (the angels say) “Was not the earth of Allah wide, so that you would have immigrated in it?' So, the abode for those (men) is Hell, and what an odious destiny! Except (the ones) deemed weak among the men and women and newborns (who) are unable (to contrive) a device and are not guided to a way. So, for those Allah may be clement towards them, and Allah has been Ever-Clement, Ever-Forgiving”. (An-Nisâ’:97-99)

        In these Verses Allah made it incumbent on Muslims who live among non-Muslims, and are unable to freely  practice their religion, to emigrate once they are able to do so. Scholars said that these verses apply to all Muslims, since Allah's saying, “(while) they are unjust to themselves” implies that they are unjust to themselves because they abandoned immigration and committed sins by living among non-Muslims without being able to fulfill their religious duties, while they can immigrate through any way or by any means, since they are not excused. Likewise, Allah's saying, “except (the ones) deemed weak” implies an excuse for those people in abandoning immigration, since they are either old men or weak women or the newborn, as they cannot flee from the infidels’ hands, and even in case they could, they would lose their way.

        Al-Qurtubî says, “It is permissible to forsake immigration if one lacks providence and a means of transportation”. The current meaning of providence and transportation is to have cash money and a means of transportation.

        Ibn-‘Abbâs says, “My mother and I were among the weak whom Allah has excused; she is a woman, and I was young”.

        So, in case a disabled person took the pains and endured immigration, Allah will reward him, and the Prophet (p.b.u.h.) invocated for those weak people in his prayers”.

        Scholars said, “Immigration is a duty on those who embraced Islam while they were living in non-Muslim countries and were not able to freely practice their religion, meanwhile, they could emigrate out of those countries.”

        Second: The Prophet’s saying, “I disown any Muslim who lives among non-Muslims; they should not be close to them”

        And the Hadîth narrated by Mu'âwiyah and others relating that they heard the Prophet (p.b.u.h.) as saying, “Immigration should not cease until repentance ceases, and repentance will not cease until the sun rises from the west.”*

        So, scholars explained that immigration in these two Hadîths is incumbent on repressed Muslims, and said that Muslims were commanded to immigrate to the Prophet’s place, to be with him, so that they may cooperate, support each other in case they were afflicted, join other believers in supporting the Prophet (p.b.u.h.), learn and grasp from him the rulings (principles) of the Religion, learn what he says by heart, and convey it to others.

        Immigration was incumbent on every individual at the Prophet’s time, and became incumbent, after him, only on th