d. Misplaced Directives
It shall be shown on the basis of
the above discussion that there are some directives of Islam which are
solely related to the
Kuffar and cannot be related to other non-Muslims.
The two principles which have been kept in consideration in ascertaining
these directives are:
a. The fact that the basic truths
have been revealed in their ultimate form can be ascertained.
b. People who have knowingly denied
these truths can be pinpointed.
Both these points are based on the
fact that knowledge of both is dependent on wahi (revelation) which, of
course, is no longer available. It is also to be noted that deliberately
denying Muhammad (sws) the last Messenger of God is equivalent to denying
these basic truths since it was he who for the last time delineated them
in their ultimate form on the face of this earth.
First, here is a summary of these
directives:
1. The Punishment of Apostasy
2. Waging War against Non-Muslims
3. Dhimmi Status of Non-Muslim Minorities
4. Prohibition of Friendship with
Non-Muslims
5. The Superiority of Muslim Blood
6. Greeting non-Muslims in an Inferior
Way
7. Non-Muslims to be necessarily Doomed
in the Hereafter
8. Assassination of Non-Muslims
9. Cursing Non-Muslims
10. Prohibition of asking for Forgiveness
for Non-Muslims
11. Reward of Killing Non-Muslims
I will now elaborate upon each of these:
1. The Punishment of Apostasy
According to almost all Muslim jurists14,
a Muslim who leaves the folds of Islam is punishable by death. They base
their verdict on the following Hadith as narrated by Ibn Abbas
in
the following way:
Execute the people who change their faith. (Bukhari: No. 6922)
In their opinion, the ruling pronounced
in this Hadith is regarded to have a general application for all
times upon every Muslim who renounces his faith from the times of the Prophet
(sws) to the Day of Judgement.
It has been shown in the previous
sections that once the Idolaters of Arabia had deliberately denied the
message of Muhammad (sws), they were sentenced to death because of this
denial:
When the forbidden months are over, slay the Idolaters wherever you find them. Seize them, surround them and everywhere lie in ambush for them. But if they repent of their wrong beliefs and establish the prayer and pay Zakah, then spare their lives. God is Oft-Forgiving and Ever Merciful. (9:5)
The above quoted Hadith is merely a statement of this law for the Arab Idolaters of the Prophet’s times. It has no application to any other people or nation. It does not even relate to the People of the Book of the Prophet’s times. For reasons already explained, the law for these Idolaters was to either accept faith or face extinction. Hence, it follows that if a person among the Idolaters after accepting faith reverted to his original state of disbelief, he had to face the same penalty. The following Hadith is of similar meaning also:
‘I have been directed to fight against these people until they testify to the oneness of God and to the prophethood, of Muhammad, establish the prayer and pay Zakah. If they accept these terms, their lives will be spared except if they commit some other violation that entails their execution by Islamic law and [in the Hereafter] their account rests with God’. (Muslim: No. 22)
The following text of this Hadith clearly shows that by the word ‘’ (al-Nas), the people implied are the Mushrikin (The Idolaters of Arabia):
Anas Ibn Malik reports from the Prophet: ‘I have been directed to fight against these Idolaters until they testify to the oneness of God and to the fact that Muhammad is his servant and messenger. If they testify to the oneness of God and to the fact that Muhammad is his servant and prophet, establish our prayer and face our Qiblah [while praying], and eat our slaughtered animals, their life and wealth we shall hold sacred except if they commit some violation. (Nasa’i: No. 3966)
The onslaught launched by the first Caliph
Abu Bakr (rta) against those who had desisted to pay Zakah in his
times should also be understood in this perspective. Since, according to
Islam, a person who refuses to pay Zakah does not legally remain
a Muslim, those who had evaded Zakah from among the Idolaters had
actually reverted to their state of disbelief. About them the directive
was either to accept faith or face death. So, the Caliph Abu Bakr (rta)
was merely administering the punishment of death upon them.
Consequently, apart from the Idolaters
of Arabia of the Prophet’s times, it has no bearing upon any other person
or nation.15
2. Waging War against Non-Muslims
Authorities are of the opinion that
Muslims must fight the polytheist nations as well as the Jews and Christians
of today until they subdue them. It is further held that while the polytheist
nations must be put to death if they do not accept faith, the Jews and
Christians can be allowed to live on their religions if they submit to
Muslim authority by paying Jizyah16.
The following verses are generally presented in support of this view:
Slay the Idolaters wherever you find them. Seize them, surround them and everywhere lie in ambush for them. But if they repent from their wrong beliefs and establish regular prayers and pay Zakah, then spare their lives. God is Oft-Forgiving and Ever Merciful. (9:5)
Fight those who believe not in Allah or the Last Day, nor hold that forbidden which has been forbidden by Allah and His Messenger, nor acknowledge the Religion of Truth, from among the People of the Book, until they pay the Jizyah after being subdued and live a life of submission. (9:29)
It has been shown in the previous sections
that these verses and other verses of similar meaning specifically pertain
to the polytheists, the Jews and the Christians of the Prophet Muhammad’s
times. They had deliberately denied the message of Muhammad (sws) and were
as a result given this punishment. Today, after the termination of the
institution of Wahi (revelation), it cannot be known whether people
are knowingly denying his messengerhood or not; therefore, no action can
be taken against them. Muslims must continue to develop friendly relations
with them and cordially invite them to Islam without threatening their
existence or authority.
After Muhammad (sws), his authorized
Companions (rta) carried on the mission against the major political powers
of their times. This onslaught, it has been discussed earlier, was specific
to their status as witnesses to the truth, and their endeavour was basically
a manifestation of a divine scheme. Consequently, the age old debate about
whether Islam was spread through the sword or not should also be understood
in this perspective. The Companions (rta) of Muhammad (sws) in their collective
capacity were only enforcing the implication of their status as witnesses
to the religion of the truth. In reality, they were not spreading Islam;
they were punishing people who had deliberately denied the truth.
Consequently, after them, as has been
stated earlier, Muslims have no right to subdue nations and countries in
the name of Islam or impose Jizyah upon them.
3. The Dhimmi Status of Non-Muslim Minorities
It is held by Muslim authorities that
the non Muslim citizens of an Islamic state are of two categories17
regarding their citizenship in a state:
(i) Dhimmis, viz. those who
have come under an Islamic State on account of being subdued in a battle.
(ii) Musta’mins, viz. non-Muslim
residents of Daru’l-Harb who temporarily reside in Daru’l-Islam.
Since subduing non-Muslims by force
is no longer permitted today, Dhimmis and Musta’mins are
categories of non-Muslims specific to the age of the Prophet (sws) and
his Companions (rta). The directives of Fiqh related to Dhimmis
and
Musta’mins
consequently
cannot be related to the non-Muslims of today.
The Non-Muslim minorities of today
living in Muslim countries can only be classified as Mu‘ahids (citizenship
by contract)18. Keeping
in view the general welfare of the state, through mutual consent, any contract
can be made with non-Muslims of today regarding their rights. As such,
all dealings with them should be according to the terms of the treaty concluded
with them.19
4. Prohibition of Friendship with Non-Muslims
On the basis of the following verses
of the Qur’an, some Muslim scholars20
are of the view that Muslims should never make friends with non-Muslims;
in fact, they should show hostility and venom towards them:
Believers should not make friends with the Kuffar against the interest of the believers. (3:28)
O believers do not make friends with the Kuffar against the interest of the believers. Do you wish to offer God an open argument against yourselves? (4:144)
Believers take not these Jews and the Christians for your friends. They are but friends to each other. And he amongst you who turns to them [for friendship] is of them. (5:51)
If the third verse is understood in the light of the first two, it is evident from the first two verses that the actual word used for the Jews and Christians is ‘Kuffar’. Consequently, owing to reasons discussed earlier, these verses cannot be related in any sense to the non-Muslims of today.
5. The Superiority of Muslim Blood
The following Hadith is presented
as evidence to support the view that a Muslim will not be killed if he
is guilty of killing a non-Muslim21
whereas the reverse will be carried out:
No Muslim will be killed in Qisas of a Kafir. (Abu Da’ud: No. 4506)
It is evident from another text of this that here the word Kafir signifies an Idolater:
No Muslim will be killed in Qisas of an Idolater. (Darmi: No. 2356)
Here again it is to be noted that after
Muhammad’s migration to Madinah, the Idolaters had lost their right
to live after having deliberately denied him. As a result, this Hadith
and
other Ahadith of similar meaning are solely related to the Idolaters
of the Prophet’s times.22
This directive has no bearing on the non-Muslims of today.
Consequently, today if a Muslim is
guilty of murdering a non-Muslim, he shall certainly be sent to the gallows
if he is not forgiven by the family of the slain.
6. Greeting Non-Muslims in an Inferior Way
Some Muslim scholars hold that non-Muslims
should not be greeted in the ceremonial way by saying Assalamu ‘alaykum
(peace
be to you)23. It is argued
that non-Muslims do not deserve this prayer. The following
Hadith is
presented in support of this view:
The Prophet (sws) said: ‘When the People of the Book greet you, reply them by saying wa alaykum’. Bukhari: No. 6288)
If all the texts of this Hadith are
collected and analyzed, what comes to light is the fact that some among
the People of the Book of the Prophet’s times used to mischievously twist
their tongue in a swift manner and instead of saying the proper words of
the salutation would say Assamu ‘alaykum (death be to you), which
when quickly pronounced sounded very near to the original words of Assalamu
‘alaykum. It was to counter this devilish prank that the Muslims were
directed to say: Wa ‘alaykum (to you too). It must be borne in mind
that the Muslims were asked to give this particular reply only after the
basic truths had been revealed in their ultimate form by Muhammad (sws)
to the People of the Book after many years of propagation, and in spite
of that they were not willing to submit to them. Had this ultimate stage
not come, one can safely conclude that Muslims would never have been asked
to reply with equally harsh words and would have continued to say the words:
Assalamu
‘alaykum, the best of prayers and the best of wishes.
Today no Muslim preacher can ever
be in a position to say that non-Muslims have deliberately denied the message
of Muhammad (sws). Therefore, he must continue his efforts of propagation
all his life, and remain a well-wisher of all the non-Muslims of the world,
and continue to greet them with Assalamu ‘alaykum.
Consequently, the following Hadith
(which
contains a similar directive) also relates specifically to the People of
the Book of the Prophet’s times. It has no bearing with the People of the
Book of later times:
Don’t initiate salutations to the Jews or the Christians, and force them to the narrowest of paths when one of them meets you on your way. (Muslim: No. 1602)
Even in the time of the Prophet (sws), before the non-Muslims of his times had become Kuffar by deliberately rejecting his message, they too were greeted as Muslims were. In this period, the Prophet (sws) himself said Assalamu ‘alaykum to the non-Muslims of his times. Uthamah Ibn Zayd reports:
The Prophet (sws) once passed by a mixed gathering of Muslims and Jews and said Assalamu ‘alaykum to them. (Tirmadhi: No. 2702)
7. Non-Muslims to be Necessarily Doomed in the Hereafter
It is generally held that all non-Muslims
will necessarily go to Hell. Verses like the following usually form the
basis of this view:
The disbelievers among the People of the Book [Jews and Christians] and the Idolaters shall burn for ever in the fire of Hell. They are the vilest of all creatures. (98:6)24
Once again, it must be appreciated that these verses speak of the Jews and Christians and the Idolaters of the Prophet Muhammad’s (sws) times, who had deliberately denied the message of Muhammad (sws). As far as the non-Muslims of later times are concerned, they will meet this fate only if they also deny Messengerhood of Muhammad (sws) in spite of being convinced about its veracity.
8. Assassination of Non-Muslims
One of the arguments on the basis
of which it is held that blasphemy is punishable by death is the assassination
of certain non-Muslims of the Prophet’s times who had allegedly blasphemed
against Allah and the Prophet (sws)25.
If all these cases are analyzed, it comes to light that this conclusion
is incorrect.
Once again we are faced with a situation
in which the people assassinated are those who had already become worthy
of punishment after the Prophet’s migration to Madinah. While most
of them were given more time and respite to contemplate on the consequences
of their denial, those among them who assumed the role of active adversaries
and were spreading disorder and anarchy in the society were punished by
death after they were repeatedly warned on their highly antagonizing behaviour.
These steps specifically relate to
the adversaries of Muhammad (sws), who had stuck to their subversive activities
and cannot be extended for general application.
9. Cursing Non-Muslims
The common Muslim thinks that he must
curse non-Muslims and have an ill-intent for them. In this regard, a supplication
called the Qunut-i-Nazilah in which the Almighty’s help is invoked
to destroy and crush non-Muslims is at times read in the prayer.
Again it needs to be pointed out that
cursing non-Muslims or expressing ill-intention towards them is only related
to the Kuffar who no longer can be pin pointed. For this very reason,
today, a Muslim preacher must continue his efforts of propagation all his
life, and remain a well-wisher of all the non-Muslims of the world. So,
as far as reading the Qunut-i-Nazilah is concerned, it was only
Muhammad (sws) and his Companions (rta) who had the prerogative to read
it. Later Muslims do not have this right.
10. Prohibition of asking for Forgiveness for Non-Muslims
A common perception among Muslims
is that the following verse of the Qur’an has stopped them from
asking the Almighty for forgiveness of non-Muslims
It is not proper for the Prophet and those who believe to ask Allah’s Forgiveness for the Mushrikun, even though they be of kin, after it has become clear to them that they are the dwellers of the Fire. (9:113)
Again, it needs to be appreciated, as the verse itself clarifies that the Idolaters of Arabia of the Prophet’s times were condemned to Hell because of their persistence in denying the truth in spite of being convinced about it. Today, since no one is in a position to ascertain this denial, this verse does not relate to non-Muslims of times after the Prophet (sws) and his Companions (rta).
11. Reward of Killing a Non-Muslim
On the basis of the following Hadith,
it is contended that killing a Non-Muslim absolves the Muslim who kills
him from the wrath of Hell:
A disbeliever and his killer will never be together in Hell. (Muslim: No. 1891)
In other words, what is construed from
this Hadith is that a Muslim will be rewarded with Paradise if he kills
a non-Muslim. Consequently, Imam Abu Da’ud, the celebrated Muslim scholar
and compiler of Hadith has placed this Hadith in a chapter entitled:
(bab fi fadli man qatala kafiran: Chapter on the Reward of a Muslim
who Kills a Kafir)26.
Again, it needs to be appreciated
that these words relate to the Idolaters of the Prophet’s times who had
lost their right to live after they had deliberately rejected the truth.
These words are not related to later Muslims.