Controversial miscellaneous issues related to Islam
More Rights
- Non-Muslims under the Shariah have every right to keep their own languages and customs, to open their own schools and colleges and to be visited by missionaries of their own faith from the Christendom.
Rights of non-Muslim minor: If a non-Muslim minor is taken as a prisoner of war with his parents, the child still has the right to continue the religion of his fore-fathers, even if his parents die later.
Muslims are commanded not to abuse or speak ill of the non-Muslim religious leaders or saintly persons. Likewise every Muslim is commanded not to insult other religions.
If Muslims enter victoriously a town that is inhabited by non-Muslims, they have no right to confiscate their places of worship.
A Muslim has no right to enter the house of his non-Muslim neighbour without his permission.
In the lifetime of the Prophet and the righteous Caliphs, non-Muslims were free to visit Muslim countries without and restrictions or requirements (the only exception is Mecca and Medina). They were free to carry on business and even the Prophet himself used to buy from them.
Non-Muslims are allowed to enter even the holy sanctuary. The proof is when the second righteous Caliph Umar Ibn Elkhattab, may Allah be pleased with him, received Christian complainants even when delivering the Jumaa (Friday) sermon.
Non-Muslims can seek asylum in Muslim lands and Muslims can get asylum in non-Muslim lands like the earliest Muslims whom the prophet, peace and blessings be upon him, told to go to Abyssinia and seek refuge in the Christian country of Negus.
All Muslim jurists are unanimous in their opinion that Muslims as well as non-Muslims are to be treated equally in their rights to be looked after from the funds of Bait al-Mal in any Muslim state. The argument was based on several incidents such as:
1. The messenger of Allah, peace and blessings be upon him, gave charity to the families of Jews since it is permitted to them.(Abu ubaid, al-Qasim bin Salam, AlAmwal, cairo,1969, P.804)
2. Imam Muhammad, the pupil of Imam Abu Hanifa has reported that our noble prophet, peace and blessings be upon him, sent some property to the people of Mecca to be distributed among the poor during the period of famine. They were idolaters and were engaged in fighting against Muslims. (Al-Sharakhsi, sharh siyar Al-Kibar, vol. 1, P. 144)
According to Islam, even the dead body and bones of a non-Muslim are to be treated with respect just as in the case of any Muslim. Anyone showing disrespect to a corpse of a non-Muslim is therefore committing a great sin.
Islamic Shariah gives so much importance to the sanctity of human life and blood, it is understood that the same principle will apply to beating, torturing and injuring of a non-Muslim as well as a Muslim. Even in the case of not paying the Jizyah they should be treated kindly.
Even among enemies of Islam, actively fighting against Islam, there may be individuals who may be in position to require asylum. Full asylum is to be given to them, and opportunities provided for hearing the word of Allah. If they accept the word, they become Muslims and no further question arises. But if they do not accept Islam they will require double protection:
(1) from the Islamic forces openly fighting against their people and
(2) from their own people, as they detached themselves from them.
Both kinds of protection should be ensured for them and they should be safely escorted by Muslims to a place where they can be safe.
The right of peaceful assembly and association is granted for both Muslims and non-Muslims alike.
According to Shariah, no person whether a Muslim or non-Muslim is to be arrested or detained without a valid accusation. Such valid accusation must be made in the presence of the defendant who confronts his accuser in this case, then accusation is made, the defendant has every right to cross examine and ask the accuser to take an oath. According to Imam Khatabi, there are only two kinds of detention in Islam:
(1) Detention in order of the court, and that is usually when a person has already been sentenced by the court.
(2) Detention before sentencing during the courts' investigations of a criminal violation.
Freedom of Expression:
Non-Muslims living in an Islamic state are entitled to enjoy the same rights of Muslims in expressing their views and opinions in public affairs. They will have freedom to express their views through speeches, protests and questioning. They can criticize the government and its officials, including the head of the state.
