57.2. CHAPTER COVENANT WITH THE DHIMMI
The dhimmis are treated according to Islamic law by the imam with regards to life, wealth, and honour and al-hudud is imposed upon them in that which they consider forbidden, not in that which they consider permissible.
“Section”: This section elaborates upon the rights of the dhimmis that are obligatory upon the imam to fulfil with regards to Islamic law. This is because the dhimmis are duty bound to adhere to Islamic law. However, before this is legislated, it must be stated that the dhimmis and the disbelievers from the Jews, Christians and others should not be allowed to reside in the Arabian Peninsula. They must be expelled from it. The Prophet(pbuh) ordered this to be done. He said, “Expel the Jews and the Christians from the Arabian Peninsula.” (Reported by al-Bukhari (4/85, 120) and Muslim (5/75) from the narration of ‘Abdullah ibn ‘Abbas.)
He(pbuh) also said, “Two religions must not co-exist in the Arabian Peninsula.” (Reported by al-Bayhaqi in al-Kubra (6/115) from the narration of Abu Hurairah and a similar hadith was reported by al-Tabarani in al-Awsat (1066) from the narration of ‘Aishah.) ‘Umar removed them from the area when he was caliph, fulfilling the wishes of the Prophet(pbuh). The dhimmis should not be allowed to reside in the Arabian Peninsula as it is an Islamic peninsula. It is the land wherein revelation descended and from whence the light of Islam radiated throughout the world. Hence only Islam should prevail therein. Islam should not mix with other religions in this peninsula. However, a peace treaty can be signed with them where they are allowed to reside in Muslim lands outside the boundaries of the Arabian Peninsula.
“The dhimmis are treated according to Islamic law by the imam”: I.e. the imam of the Muslims. They are treated according to Islamic law as the peace treaty calls for it.
“To life”: If they premeditate to kill and do so out of enmity, then qisas is meted out just as it is meted out to a Muslim.
“Wealth”: If it is stolen by them, the Islamic law pertaining to stealing is meted out. The thief’s hand is severed just as a Muslim’s hand is severed if he steals.
“Honour”: If they falsely accuse that a Muslim has fornicated or has engaged in homosexuality, then the laws pertaining to false testimony are meted out to preserve the honour of the Muslims.
Al-hudud is also imposed upon them. Al-hudud is the punishment meted out for crimes in accordance to Islamic legislation as a deterrent against it being committed again. (See al-Dar al-Naqi (3/745)) The hudud is imposed upon the dhimmis if they were to commit a crime that deserves it.
“In that which they consider forbidden”: For example, fornication. They consider it to be forbidden. Therefore, the punishment for fornication where the married fornicator is stoned and the unmarried fornicator is lashed should be meted out to them just as it is meted out to Muslims if they fornicate. The Prophet(pbuh) meted out this punishment to the Jews who lived in Madinah just as he did to the Muslims. (Reported by al-Bukhari (4/251), (6/46) and Muslim (5/121) from the narration of Abdullah ibn ‘Umar who said, “A Jewish male and female were brought by the Jews to the Prophet(pbuh) on a charge of committing illegal sexual intercourse. The Prophet(pbuh) asked the Jews, ‘What do you [usually] do with them?’ They said, ‘We blacken their faces and disgrace them.’ The Prophet said, ‘There is nothing in the Torah mentioning stoning? ’They replied in the negative. Abdullah ibn Salam said, ‘You have lied. Bring the Torah and recite it, if you are truthful.’ They [brought it and] came and asked a man to recite. He went on reciting until he reached a portion on which he put his hand. It was said to him what is this [under the hand?] He lifted his hand up and there appeared the verse of al-rajm (stoning o f the adulterers). Then it was ordered that the two sinners be stoned and, and they were stoned, and I saw the man protecting the woman from the stones.”) He(pbuh) ordered the stoning of a Jewish couple who fornicated in Madinah (Ibid.) both of whom were widowed.
“Not in that which they consider permissible”: For example, the marrying of a mahram relative that is practiced by the Majus. They consider it permissible. Hence, al-hudud is not imposed upon them for this act.
They should be made to distinguish themselves from the Muslims. They are allowed to ride animals other than a horse mounted in a saddle but they may mount on a packsaddle. They are not given centre stage at any event and none should stand for them nor initiate greetings of peace to them.
“They should be made to distinguish themselves from Muslims”: I.e. in their disposition, attire and mode of transport such that they can be easily identified as dhimmis and not mistaken for Muslims.
“They are allowed to ride animals other than a horse”: For example, a donkey, mule or camel. This is because the horse is exclusive to the Muslims. If a dhimmi rides a horse, he might be mistaken for a Muslim. Furthermore, they mount these animals on a packsaddle, not a saddle used to mount a horse. This is again to distinguish them from Muslims who ride these animals.
“They are not given centre stage at any event”: It is not permissible to venerate them or hold them in high esteem. They are not allowed to be the guest of honour for an occasion— an honour set aside for respected Muslims of the community. Instead, the dhimmis should be seated at the back end of the audience.
“None should stand for them”: When they enter the hall or designated venue of the event. This is because standing up is an act of admiration for them which is prohibited.
“Nor initiate greetings of peace to them”: As the Prophet(pbuh) forbade Muslims from initiating the salam to the Jews and the Christians. He(pbuh) said, “Do not initiate greetings of peace to the Jews and Christians. If they initiate a greeting of peace to you then say: ‘And to you (wa ‘alaykum).”’ (Reported by al-Bukhari (8/71), Muslim (7/3) from the narration of Anas is with the wording, “If the People o f the Book greet you with peace, reply with, “And to you.” It was also reported by Muslim (7/5) from the narration of Abu Hurairah with the wording, “Do not initiate greetings of peace to the Jews and Christians. If you meet one of them on the street, force them to the narrow sides.”) Muslims are ordered to reply to their greeting with these words, “And to you.” They are not to initiate greetings of peace to them. Muslims are only allowed to initiate greetings of peace to a fellow-Muslim […]. This is a form of reprimand for their disbelief and their adamant steadfastness in their belief. Allah has disgraced them. Therefore, they should not be venerated. This lofty mannerism is exclusive for Muslims and Muslims alone.
The dhimmis are forbidden from building churches and monasteries. They are forbidden from restoring those which are dilapidated or forcibly torn down. Their houses should not be taller than those of the Muslims. Their houses may be equally tall however. They are forbidden from publicly consuming intoxicants and pork. Chiming of bells and the reading of their scriptures should not be done so publicly.
“The dhimmis are forbidden from building churches and monasteries. They are forbidden from restoring those which are dilapidated or forcibly torn down”: The Jews and the Christians are allowed to keep their churches and monasteries that existed when the peace treaty was signed. However, they are not to restore them if they become dilapidated. They should leave it as it is until it becomes ruined so that churches gradually become non-existent in Muslim lands. They certainly should not build new ones in Muslim countries as these are houses of disbelief and shirk. Therefore, churches are not allowed to be built in Muslim countries.
The prohibitions for the dhimmis are much less than those for the disbelievers with whom there is no treaty. How is it then that Christians are allowed to build churches in Muslim countries? Similarly, monasteries— the place of worship of the Jews— are allowed to function if they existed when the peace treaty was signed. However, the Jews must neither build new ones nor restore old ones or those which are torn down. These old ones should be allowed to be ruined such that monasteries cease to exist in the Muslim lands. Allowing it to be restored and refurbished will only serve to prolong its use in the Muslim lands.
If the churches were in existence when the treaty was signed, they are allowed to dilapidated and go into ruin such that it slowly is destroyed and becomes beyond use. How then are the Christians allowed to build churches in Muslim countries amidst houses resided by Muslims and besides masjids? This is only due to the ignorance of Islam or due to the failure to accord it enough importance.
“Their houses should not be taller than those of the Muslims. Their houses may be equally tall however”: The houses of the dhimmis should not tower over the houses of the Muslims. For example, a Muslim has a house with one floor whilst his dhimmi neighbour has a house with two floors. This is not permitted for the Prophet(pbuh) said, “Islam is always superior and should never be surpassed.” (Reported by al-Bukhari with annotation (2/117) from the sayings of Ibn ‘Abbas with a mawquf chain of narration. It was also reported by al-Bayhaqi in al-Sunan al-Kubra (6/205) and al-Daraqutnii (3/252) from the narration of ‘Aidh ibn ‘Amr al-Muzani.) Their houses can be of the same height as the Muslim’s houses however.
“They are forbidden from publicly consuming intoxicants and pork”: The dhimmis are not allowed to commit sins publicly; that is, acts which are permitted and lawful for them. Examples would be consuming intoxicants publicly or the manufacture of alcohol. They should only do so privately in the confines of their homes. They are not allowed to eat pork in public. The Christians eat pork. However, they must not do so in restaurants or food outlets in the Muslim lands. They should not sell it publicly likewise. They should not sell or manufacture alcohol in Muslim countries even when they are regular drinkers of it and eat pork often. This must be done amongst themselves in such a manner that none can see them do so.
“Chiming of bells”: They are also not to ring their church bells which are sounded to invite others to come and worship in the church. (See al-Mu’jam al-Wasit (946).) In Muslim countries, the bells must be placed within the church such that the ringing is heard within the church and not outside of it.
“And the reading of their scriptures”: I.e. The Torah of the Jews and the Bible of the Christians (or what is also known as the Old and New Testaments) should not be read publicly. They are allowed to read amongst themselves and not read loudly such that it is heard beyond their premises like their churches, monasteries and their residences. They must be read quietly. They should not print these books in Muslim countries or have them on sale or for browsing in bookshops or libraries. Instead these should be banned in the public.
If a Christian converts to Judaism or vice versa, it is not recognised nor accepted officially. He is only allowed to embrace Islam or remain in the religion he was born into.
“If a Christian converts to Judaism or vice versa, it is not recognised”: This is because his religion is stated in the peace treaty signed with the Muslims. Therefore, a Jew should not convert to Christianity nor should a Christian convert to Judaism to avoid having discrepancies in the treaty.
“Nor accepted officially. He is only allowed to embrace Islam or remain in the religion he was born into”: No conversion is accepted except the conversion to Islam as it is the din of truth. This is what is preferred for him. If he fails to do so, he must remain in his original religion which he was upon when the treaty was signed.
By Shaykh Salih ibn Fawzan al-Fawzan
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