By Ghulam Ghaus Siddiqi, New Age Islam
21 October, 2014
I focussed on rebuttals of Taliban's Takfiri ideology leading to violence and killing of Muslims in the first and second part of this article. Part 3 exclusively covers immutable divine verses and Ahadith from which great jurists (Fuqaha) of Islamic Sharia bring rights of non-Muslims to light. Thus, with the guidance of the holy Qur’an and Ahadith, I should not hesitate to believe that let alone Muslims, even killing of non-Muslims is strictly and equally forbidden in Islam.
Before coming to the point, it is also necessary to know why Taliban Wahhabi ideologues label Sufi-minded Muslims with Kufr. This is partly also because the latter refute the former’s terrorist activities and suicide bombings. Consequently, Salafi-Wahhabi Taliban terrorists target at killing the Sufi-minded Muslims like Shaikh ul Islam Dr. Tahir ul Qadri who wrote the book titled “Fatwa on Terrorism and Suicide Bombings”, refuting every kind of injustice, violence, terrorism, radicalism, fanaticism of Taliban terrorist ideologues and their like-minded groups.
To discuss the unlawfulness of killing non-Muslims in this 3rd part of the article, the most perfect excerpts I thought would be the following from the book “Fatwa on Terrorism and Suicide Bombings”
The Unlawfulness of Indiscriminately Killing Non-Muslims and Torturing Them
By Shaikh ul Islam Dr. Tahirul Qadri
1. No Discrimination Between The Killings Of Muslim And Non-Muslim Citizens
In the preceding pages, we demonstrated in the light of the Qur’an and prophetic traditions that Islam is a religion of peace that guarantees the protection of life, property and honour for all members of society, without any discrimination on the basis of caste, colour, race and religion. In this chapter we will establish that the protection of the life, honour and property of non-Muslim citizens living in any Islamic state or any non-Muslim country is a binding duty upon the Muslims in general and the Islamic state in particular.
On the occasion of his last sermon, the prophet peace God’s blessing and peace be upon him said, guaranteeing the protection of life, property and honour of the whole humankind,
(إن دماءكم وأموالكم وأعراضكم عليكم حرام، كحرمة يومكم هذا، في شهركم هذا، في بلدكم هذا، إلى يوم تلقون ربكم.)
“Indeed your blood and your property and your honour are inviolable, like the inviolability of this day of yours and this month of yours and this land of yours until the day you meet your lord” (Narrated by al-Bukhari in al-Sahih: Kitab al-Hajj [the book of pilgrimage], chapter: ‘the sermon during the days of Mina’, 2:620#1654; and Muslim in al-Sahih, 3:1305—1306 #1679.)
Therefore it is completely forbidden to kill anyone unjustly, or plunder his wealth, or humiliate him or malign his honour.
Following this principle, killing Muslim and non-Muslim citizens—wherever they reside—is strictly prohibited on the basis of equality. It is clearly stated in the Quran,
(من قتل نفسا بغير نفس أو فساد في الأرض فكأنما قتل الناس جميعا)
“Whoever kills a person [unjustly], except as a punishment for murder or [as a prescribed punishment for spreading] disorder in the land, it is as if he killed all of humanity” (The holy Qur’an5:32)
This verse uses the word ‘person’ [Nafs], which is a general expression that gives the verse a broad-based application. So in other words unjust killing is completely forbidden, no matter what religion, language or citizenship is held by the victim. This is a sin as grave as killing the whole of humanity. Therefore, the killing of non-Muslim citizens living in an Islamic state falls in the same category.
2. The Massacre Of Civilian Population And Considering It Lawful Is An Act Of Disbelief
Killing a person is akin to disbelief. Imam Abu Mansur al-Maturidi, one of the Imams of Ahle al-Sunna in theology, interpreted the verse: “Whoever kills a person [unjustly], except as a punishment for murder or [as a prescribed punishment for spreading] disorder in the land, it is as if he killed all of humanity’ (The holy Qur’an5:32), declaring that murder can be an act of disbelief. He wrote:
(من استحل قتل نفس حرم الله قتلها بغير حق، فكأنما استحل قتل الناس جميعا، لأنه يكفر باستحلاله قتل نفس محرم قتلها، فكان كاستحلال قتل الناس جميعا، لأن من كفر بآية من كتاب الله يصير كافرا بالكل.........
وتحتمل الآية وجها آخر، وهو ما قيل: إنه يجب عليه من القتل مثلما أنه لو قتل الناس جميعا. ووجه آخر: أنه يلزم الناس جميعا دفع ذالك عن نفسه ومعونته له، فإذا قتلها أو سعى عليها بالفساد، فكأنما سعى بذالك على الناس كافة........وهذا يدل أن الآية نزلت بالحكم في أهل الكفر وأهل الإسلام جميعا، إذا سعوا في الأرضا بالفساد.
Whoever declares lawful the killing of a person whose killing has been forbidden by God (except when there is a valid reason), it is as if he considers it lawful to kill all of humanity. This is because he disbelieves by his declaring lawful the killing of one whose killing is unlawful, which is akin to declaring lawful the killing of humanity entire; because the one who disbelieves in one verse from God’s Book disbelieves in the whole of it….
This verse contains another possible angle of interpretation, and it is as has been said: His murder of one person entails the same burden [in the Hereafter] as if he killed humanity entire. Another possible angle of interpretation is that is necessary for everyone to make a collective effort to help and save the peaceful person from murder. So, when the murderer kills that harmless soul or attempts to harm it, it is as if he attempting to do that to everyone…..This indicates that the verse was revealed as a ruling for the people of disbelief and the people of Islam together, if they sow corruption in the earth. (Abu Mansur al-Maturidi, Tawilat Ahle al-Sunna, 3:501)
In his al-Lubab fi Ulum al-Kitab, Abu Hafs al-Hambali interpreted the Quranic verse, “it is as if he killed all of humanity”, and declared that the murder of one individual is comparable to the killing of all of humanity, and he quoted the sayings of different Imams in support of this position.
قال مجاهد: من قتل نفسا محرمة يصلى النار بقتلها، كما يصلاها لو قتل الناس جميعا. وقال قتادة: أعظم الله أجرها وعظم وزرها، معناه: من استحل قتل مسلم بغير حقه، فكأنما قتل الناس جميعا. وقال الحسن: (فكأنما قتل الناس جميعا)، يعني: أنه يجب عليه من القصاص بقتلها، مثل الذي يجب عليه لو قتل الناس جميعا.
قوله تعالى: (إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَن يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم مِّنْ خِلَافٍ أَوْ يُنفَوْا مِنَ الْأَرْضِ ۚ ذَٰلِكَ لَهُمْ خِزْيٌ فِي الدُّنْيَا ۖ وَلَهُمْ فِي الْآخِرَةِ عَذَابٌ عَظِيمٌ. إِلَّا الَّذِينَ تَابُوا مِن قَبْلِ أَن تَقْدِرُوا عَلَيْهِمْ ۖ فَاعْلَمُوا أَنَّ اللَّهَ غَفُورٌ رَّحِيمٌ)
وقوله: (يحاربون الله)، أي: يحاربون أولياءه، كذا قدره الجمهور. وقال الزمخشري: يحاربون رسول الله، ومحاربة المسلمين في حكم محاربته. نزلت هذه الآية في قطاع الطريق من المسلمين. (وهذا قول) أكثر الفقهاء.
أن قوله تعالى: (الذين يحاربون الله ورسوله ويسعون في الأرض فسادا) يتناول كل من يوصف بهذه، سواء كان مسلما أو كافرا، ولا يقال: الآية نزلت في الكفار، لأن العبرة بعموم اللفظ لا بخصوص السبب، فإن قيل: المحاربون هم الذين يجتمعون ولهم منعة، ويقصدون المسلمين في أرواحهم ودمائهم، واتفقوا على أن هذه الصفة إذا حصلت في الصحراء كانوا قطاع الطريق، وأما إن حصلت في الأمصار، فقال الأوزاعي ومالك والليث بن سعد والشافعي: هم أيضا قطاع الطريق، هذا الحد عليهم، قالوا: وإنهم في المدن يكونون أعظم ذنبا فلا أقل من المساواة، واحتجوا بالآية وعمومها، ولأن هذا حد فلا يختلف كسائر الحدود.
Mujahid said, ‘If someone kills a soul unjustly, he will go the Hell due to that murder, just as he would have gone to Hell if he killed humanity entire’. Qatada said, ‘God has made the reward for saving it [a life] tremendous and made the burden of sin [for taking a life unjustly] tremendous, too. This means that whoever declares if lawful for himself to kill a Muslim, it is as if he killed all humanity’. Interpreting the same verse, al-Hasan al-Basari said, ‘This means that he is liable to legal retribution [qisas] for killing it [the sinless soul] as would be the person who killed all of humanity’.
God says: “Indeed, those who wage war against Allah and His Messenger (blessings and peace be upon him) and remain engaged in creating mischief in the land (i.e., perpetrate bloodshed, terrorism, robbery, burglary and massacre amongst Muslims), their punishment is that they should be slain, or hanged to death, or their hands and their feet on opposite sides should be cut off, or they should be exiled far from (i.e., deprived of moving about in) the homeland (i.e., either by banishment or by imprisonment). That is the humiliation for them in this world, and for them there is a terrible torment in the Hereafter (as well)—except those who turn to Allah in repentance before you overpower them. So, know that Allah is Most Forgiving, Ever-Merciful (The holy Qur’an5:33, 34)
The phrase in the verse ‘yuharibun Allah’ (‘wage war against God’), implies that they wage war against the friends of God. That is the interpretation maintained by the overwhelming majority of scholars. Al-Zamakhshari said, ‘they wage war against the Messenger of God, and waging war against the Muslims takes the same ruling as waging war against him’. This verse was revealed about the brigands [highway robbers: qutta al-tariq] amongst the Muslims, and [this position is held] by most of the Jurists. (Husayn al-Baghawi, Ma’alim al-Tanzil, 2:3; and al-Razi, al-Tafsir al-Kabir, 11:196)
Indeed, God’s statement, ‘Those who wage war against God and His Messenger and remain engaged in creating mischief in the land’, includes everyone who possesses these traits, whether he is a Muslim or a disbeliever. One cannot object or claim that the verse was revealed regarding the disbelievers, because the point of consideration is the generality of its expression, not the particular circumstances in which it was revealed. (This is a maxim of Qur’anic hermeneutics. ED.). If it is said that those who wage war [Muharibun] are those who join forces and who possesses power and target the Muslims in their lives and wealth, and that they [the scholars] agree that if these traits are found amongst people of the desert wastelands—then they are brigands. And if these traits are adopted by a group residing in cities, al-Awza’i, Malik, Layth b. Saad and al-Shafi’I all agree that they, too, are considered brigands and that the same prescribed punishment is to be applied against them. They stated that when their crimes take place in populated areas the sin is severer. They inferred this from the aforementioned verse and generality of its expression, and because it is a prescribed punishment, and therefore it is no different from the other prescribed punishments. (Abu Hafs al-Hanbali, al-Lubab fi ulum al-Kitab, 7:301)
3. The Killing Of Non-Muslim Citizens Makes Paradise Forbidden For The Killer
The non-Muslim citizens of an Islamic state enjoy the same rights and safeguards as their Muslim counterparts. The first right endowed upon them by the Islamic state is that of protection against external aggression and domestic oppression and encroachments, so they can live their life peacefully, inwardly and outwardly.
Abu Bakar (May Allah be pleased with him) reported that the prophet (God’s blessing and peace be upon him) said,
من قتل معاهدا في غير كنهه، حرم الله عليه الجنة.
‘Any Muslim who unjustly kills a non-Muslim with whom there is a peace treaty [Mu’ahad], God will make Paradise forbidden for him’. (Narrated by al-Nasa’I in al-Sunan: Kitab al-Qasama [The Book of Apportioning Wealth, chapter: ‘The gravity of killing Non-Muslim citizens’, 8:24#4747; Abu Dawud in al-Sunan: Kitab al-Jihad [The book of Sacred Martial struggle], chapter: ‘Fulfilling the Contract of a non-Muslim citizen and the sanctity of His contract’, 3:83#2760; Ahmad b. Hanbal in al-Musnad, 5:36, 38 ## 20393, 20419#2631. Al-Hakim said, ‘This is a tradition with a rigorously authentic).
‘Abd Allah b. ‘Umar (May Allah be pleased with him) reported that the prophet God’s blessing and peace be upon him said,
من قتل معاهدا لم يرح رائحة الجنة، وإن ريحها توجد من مسيرة اربعين عاما.
“Anyone who kills a non-Muslim under treaty [Mu’ahad] will not smell the fragrance of Paradise, even though its fragrance can be smelt at a distance of forty years” (Narrated by al-Bukhari in al-Sahih: Kitab al-Jizya [the Book of Taxation for Non-Muslim Living in an Islamic state], chapter: ‘The sin of someone who kills a non-Muslim citizen without his having committed a crime’, 3:1155#2995; Ibn Majah in al-Sunan: Kitab al-diyat [The book of blood money], chapter: ‘someone who kills a non-Muslim citizen’, 2:896; al-Bazaar in al-Musnad, 6:368#2383.)
Therefore, the one who unjustly murders a non-Muslim citizen will not approach Paradise; rather, he will be kept away from it by a distance of forty years. Commenting on this Hadith, Anwar Shah Kashmiri writes in his book Fayd al-Bari:
قوله صلى الله عليه وسلم: من قتل معاهدا لم يرح رائحة الجنة، و مخ الحديث: إنك أيها المخاطب: قد علمت ما في قتل المسلم من الإثم، فإن شناعته بلغت مبلغ الكفر، حيث أوجب التخليد. أما قتل معاهد، فأيضا ليس بهين، فإن قاتله أيضا لا يجد رائحة الجنة.
Regarding this statement (God’s blessing and peace be upon him) “anyone who kills a non-Muslim under treaty [Mu’ahad] will not smell the fragrance of Paradise, even though its fragrance can be smelt at a distance of forty years”, the quintessential meaning of it, dear brother, can be expressed as such: You know the gravity of sin for killing a Muslim, for its odiousness has reached the point of disbelief, and it necessitates that [the killer abides in Hell] forever. As for killing a non-Muslim citizen [Mu’ahad], it is similarly no small matter. For the one who does it will not smell the fragrance of Paradise. (Anwar Shah Kashmiri, Fayd al-Bari ala Sahih al-Bukhari, 4:288)
4. The Unlawfulness Of Killing Foreign Delegates And Religious Leaders
Islam teaches peace and tolerance in national and international affairs. According to the teachings of the Qur’an and Hadith, it is forbidden to kill a diplomat hailing from a hostile nation who comes to a Muslim state for the purpose of diplomacy. Many non-Muslim diplomats and delegates would come to the prophet God’s blessing and peace be upon him on various occasions and he not only treated them with the utmost respect, but also instructed his companions to treat them well. It is even recorded that the representatives of Musaylama the liar, a false claimant to prophet-hood, visited the Prophet (God’s blessing and peace be upon him) and confessed to their apostasy, yet the prophet (God’s blessing and peace be upon him) treated them well because they were diplomats. ‘Abd Allah b. Masu’d (May Allah be pleased with him) said,
إني كنت عند رسول الله صلى الله عليه وسلم جالسا إذ دخل هذا (عبد الله بن نواحة) ورجل وافدين من عند مسيلمة. فقال لهما رسول الله صلى الله عليه وسلم: أ تشهدان أني رسول الله؟ فقالا له: نشهد أن مسيلمة رسول الله، فقال: آمنت بالله ورسوله، لو كنت قاتلا وافدا لقتلتكما.
‘I was in the presence of God’s Messenger (God’s blessing and peace be upon him) when this man [‘Abd Allah b. Nuwaha] and another man came as official representatives of Musaylama (the liar). The Messenger of God (God’s blessing and peace be upon him) asked them, “Do you bear witness that I am the Messenger of God?” They said to him, “We bear witness that Musaylama is the Messenger of God!” The Messenger of God (God’s blessing and peace be upon him) said to them, “I believe in God and His Messengers. Were I to execute ambassadors, I would have executed both of you”. (Narrated by al-Darmi in al-Sunan, 2:307#2503; Ahmad b. Hanbal in al-Musnad, 1:404#3837; al-Nasa’I in al-Sunan al-Kubra, 5:205#8675; Abu Ya’la in al-Musnad, 9:31#5097; and al-Hakim in al-Mustadrak, 3:54#4378.)
See the despite the apostasy and disbelief of Musaylama’s followers, extreme tolerance was shown towards them. They were not punished in any way. Because they were diplomats, they were neither imprisoned nor ordered to be killed.
According to a narration in Musnad of Ahmad b. Hanbal, (Narrated by Ahmad b. Hanbal in al-Musnad, 1:390#3708), the Musannaf of ‘Abd al-Razzaq [al-San’ani] (Narrated by ‘Abd al-Razzaq in al-Musannaf, 10:196#18708) and Musnad of Al-Bazzar (Narrated by al-Bazzar in al-Musnad, 5:142#1733), it is impermissible to kill either diplomats or their diplomatic staff.
The aforementioned Hadith establishes that safeguarding the life of diplomats and foreign representatives is the Sunna of the prophet (God’s blessing and peace be upon him).
‘Abd Allah b. Mas’ud (May Allah be pleased with him) said,
فجرت سنة أن لا يقتل الرسول.
“It is an established Sunna that ambassadors are not to be killed” (Narrated by Ahmad b. Hanbal in al-Musnad, 1:390 # 3708).
This statement of The Messenger of God (God’s blessing and peace be upon him) set the precedent in international law with respect to diplomatic protection. This further illustrates that all the personnel staffed in an embassy on diplomatic assignments are entitled to the same treatment, and it is impermissible to kill them. In recent years in Pakistan and other parts of the world there have been a number of incidents where foreign diplomats and engineers have been kidnapped and killed. Unfortunately, those who commit these actions continue to call themselves Mujahdun [those who wage martial jihad] despite the fact that their actions completely contravene the teachings of the prophet (God’s blessing and peace be upon him).
Just as foreign diplomats enjoy sanctity and protection in Islamic law, so too do non-Muslim religious leaders; it is strictly forbidden to kill them. ‘Abd Allah b. Abbas (May Allah be pleased with him) said,
كان رسول الله صلى الله عليه وسلم إذا بعث جيوشه قال: لا تغدروا، ولا تغلوا، ولا تمثلوا، ولا تقتلوا الولدان ولا أصحاب الصوامع.
“When The Messenger of God (God’s blessing and peace be upon him) would dispatch his troops, he would say [to them], “Do not act treacherously, do not steal the spoils of war, do not disfigure the dead bodies, and do not kill children and priests”. (Narrated by Ahmad b. Hanbal in al-Musnad, 1:330#2728; Ibn Abi Shayba in al-Musannaf, 6:484#33132; Abu Yala in al-Musnad, 4:422#2549; and mentioned by Ibn Rushud in Bidayat al-mujtahid, 1:281)
This Hadith establishes that, even during times of war – let alone in normal circumstances—it is impermissible to kill religious leaders.
5. The Retribution [Qisas] of Muslims and Non-Muslims is the same
In Islam, retribution is necessary when someone murders someone else intentionally, whether the victim is Muslim or non-Muslim; however, the payment of monetary compensation [Diyat] is obligatory if it was an accidental killing. God says:
(وَلَكُمْ فِي الْقِصَاصِ حَيَاةٌ يَا أُولِي الْأَلْبَابِ لَعَلَّكُمْ تَتَّقُونَ)
“And there is a [guarantee of] life for you in retribution, O wise people, so that you may guard [against bloodshed and destruction]” (the Quran: 2:179)
Regarding unintentional killing, God says,
“Whoever kills a Muslim unintentionally shall [be liable to] free a male or female Muslim and pay blood money, to be handed over to the heirs of the person slain, unless they forgo it” (The Quran: 4:92)
(وَمَن قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ وَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ إِلَّا أَن يَصَّدَّقُوا)
In the former verse, retribution, or the command to kill the murderer for his crime of murder, has been described. There is a complete consensus amongst the Muslim community that the unjust killer should be killed by way of retribution, unless the heirs of the killed pardon the killer. The latter verse mentions monetary compensation. In Islamic Law, if someone accidently and unintentionally kills someone else, he or she is ordered to pay blood money to the heirs of the killed.
“Abd al-Rahman b. Baylamani (May Allah be pleased with him) said,
أن رجلا من المسلمين قتل رجلا من أهل الكتاب فرفع إلى النبي صلى الله عليه وسلم، فقال رسول الله صلى الله عليه وسلم: أنا أحق من وفى بذمته، ثم أمر به فقتل.
“There was a man from the Muslims who killed a man from the people of the book (Ahl al-Kitab, or, ‘the people of the book’ is a term designating the Jews and the Christians. ED.). The case was presented to the prophet (God’s blessing and peace be upon him) said, “I am most responsible of all for fulfilling the rights of those under his care [non-Muslim citizens]”. Then he ordered [the killing of the Muslim killer by way of retribution] and he was killed” (Cited by al-Shafi in al-Musnad, p. 343; narrated by Abu Nu’aym in Musnad Abi Hanifa. 104; cited by al-Shayabani in al-Mabsut, 4:488; and narrated by al-Bayhaqi in al-Sunan al-Kubra, 8:30#15696)
The prophet (God’s blessing and peace be upon him) explained retribution and monetary compensation in the following words:
من أصيب بقتل أو خبل، فإنه يختار إحدى ثلاث: إما أن يقتص، وإما أن يعفو، وإما أن يأخذ الدية. فإن أراد الرابعة فخذوا على يديه (فمن اعتدى بعد ذالك فله عذاب أليم).
“If someone’s relative is killed, or if one of his extremities is cut off, he may choose one of three options: he may retaliate, forgive or receive compensation. But if he wishes a fourth [something that exceeds the bounds set by the Shariah], you must hold him back [for God says,] “After this, whoever exceeds the limits shall receive a painful punishment” (The Quran: 5:94) (Narrated by Abu Dawud in al-Sunan: Kitab al-diyat [The book of blood money], chapter: ‘the leader should urge forgivness in the matter of shedding)
It is clearly established from these prophetic traditions that Muslims and Non-Muslims share an equal status with respect to monetary compensation and retribution. According to one report, ‘Ali b. Abi Talib (May Allah be pleased with him) said,
إذا قتل المسلم النصراني قتل به.
“If a Muslim kills a Christian, he should be killed in retribution” (Cited by al-Shaybani in al-Hujja, 4:349; and al-Shafi in al-Umm, 7:320)
The prophet (God’s blessing and peace be upon him) also granted non-Muslims the same rights with regard to monetary compensation. He (God’s blessing and peace be upon him) said,
دية اليهودي والنصراني وكل ذمي مثل دية المسلم.
“The blood money for a [peaceful] Jew, a Christian and every non-Muslim citizen is like that of the Muslim [i.e., their heirs receive the same amount of monetary compensation as a Muslim family]” (Narrated by ‘Abd al-Razzaq in al-Musannaf, 10:97—98; and cited by Ibn Rushd in Bidayat al-Mujtahid, 2:310)
Imam Abu Hanifa (May Allah be please with him) said,
دية اليهودي والنصراني والمجوسي مثل دية الحر المسلم.
“The blood money for a [peaceful] Jew, Christian or Zoroastrian is equal to that of a free Muslim” (Narrated by Ibn Abi Shayba in al-Musannaf, 5:407#27448; and ‘Abd al-Razzaq in al-Musannaf, 10:95, 97, and 99.)
Imam Ibn Shihab al-Zuhri said,
إن دية المعاهد في عهد أبي بكر وعمر وعثمان رضى الله عنهم مثل دية الحر المسلم.
“During the reigns of Abu Bakr, ‘Umar, ‘Uthman and ‘Ali (May Allah be pleased with them), the blood money for a non-Muslim citizen was equal to that of a free Muslim” (Cited by al-Shaybani in al-Hujja, 4:351; and al-Shafi in al-UMM, 7:321)
The position of the Hanafi school of Jurisprudence is that a Muslim should be killed in retribution for killing a non-Muslim citizen. This position is supported by the general import of the texts within the Qur’an and the Hadith, which make retribution obligatory. Muslim and non-Muslim blood shares an equal amount of inviolability and sanctity, without any discrimination. Imam al-Nakha’I, Ibn Abi Layla, al-Shabi and ‘Uthman al-Batti also share this view held by the Hanafi School.
A doubt may emerge from hearing the saying of the prophet (God’s blessing and peace be upon him),
لا يقتل مسلم بكافر.
“A Muslim is not to be killed in retaliation for murdering a disbeliever” (Narrated by al-Bukhari in al-Sahih: Kitab al-Ilm [the Book of Knowledge], chapter; ‘On writing down knowledge’, 1:53#111)
So, what does it mean? The jurists explained this and said that here the word “disbeliever” does not imply a peaceful citizen: it signifies a combatant who is killed. There is to be no retribution in this case. This is an international law in effect in all countries of the world and there is no difference of opinion about it.
The great Jurists and Quranic exegete, Imam al-Jassas, stated that in this Hadith, ‘a disbeliever’ means the non-Muslim in a state of war. It does not mean the non-Muslim who is a citizen of an Islamic state or a peaceful non-Muslim citizen of a non-Muslim state. (Cited by Abu Bakr al-Jassas in Ahkam al-Quran, chapter: ‘A Muslim’s murder of a disbeliever’, pp.140—144)
6. The Unlawfulness of Harming a Non-Muslim citizen out of Revenge
According to the Qur’an and Sunna, every person is responsible for his or her actions. According to this rule, only the doer of an act of injustice is liable to punishment, and no one else can be held responsible for that. The punishment for his or her crime cannot be awarded to his or her family, friends or tribe. God says,
(وَلَا تَكْسِبُ كُلُّ نَفْسٍ إِلَّا عَلَيْهَا ۚ وَلَا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَىٰ ۚ ثُمَّ إِلَىٰ رَبِّكُم مَّرْجِعُكُمْ فَيُنَبِّئُكُم بِمَا كُنتُمْ فِيهِ تَخْتَلِفُونَ)
“Whatever (sin) each soul earns, (its evil outcome) falls back upon it. And no bearer of burden will bear another’s burden. Then you are to return to your Lord alone, and He will inform you (of the truth of the matters) wherein you used to differ” (The Quran: 6:164)
Islam does not allow anyone to punish common people for the oppressive actions of oppressors. The prophet (God’s blessing and peace be upon him) said,
لا يؤخذ منهم رجل بظلم آخر.
“No man amongst them [the peaceful non-Muslim citizens] shall be punished as a penalty for the injustice of a coreligionist” (Cited by Abu Yusuf in Kitab al-Kharaj, p.78; and al-Baladhuri in Futuh al-Buldan, p.90)
All of this clearly demonstrates that those who seek to exact revenge by terrorizing and killing people from other nations oppose and violate the manifest Qur’anic injunctions and prophetic traditions.
7. The Unlawfulness of Usurping the Wealth of Non-Muslims
In Islam, it is unlawful to usurp the wealth of others. God says,
(وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِيقًا مِّنْ أَمْوَالِ النَّاسِ بِالْإِثْمِ وَأَنتُمْ تَعْلَمُونَ)
“And do not eat up one another’s wealth amongst yourselves through injustice, nor take wealth to the authorities (as a bribe) so that, this way, you may (also) swallow a portion of others’ wealth unfairly, whilst you are aware (that this is a sin)” (The holy Qur’an2:188)
The prophet (God’s blessing and peace be upon him) has also forbidden the pilfering of others’ wealth and property. He said,
إن دماءكم وأموالكم عليكم حرام.
“Indeed, your blood and your property are unlawful to you” (Narrated by al-Bukhari in al-Sahih; Kitab al-Hajj [The Book of pilgrimage], chapter: ‘The sermon during the days of Mina’, 2:620#1654)
Like the life of non-Muslim citizens, the protection of their property is also the responsibility of the Muslim state. There is a consensus amongst the Muslims over this matter. Imam Abu ‘Ubayd al-Qasim b. Sallam, Ibn Zanjawayh, Ibn Sa’d and Abu Yusuf have all cited the provision of the prophet’s agreement with the Christians of Najran:
ولنجران وحاشيتها جوار الله وذمة محمد رسول الله صلى الله عليه وسلم، على أموالهم وأنفسهم وأرضهم وملتهم، وغائبهم وشاهدهم ، وعشيرتهم وبيعهم، وكل ما تحت أيديهم من قليل أو كثير.
“Indeed, Najran and her allies are under the protection of God and the guarantee of the Messenger of God (God’s blessing and peace be upon him). They are to be protected in their wealth, lives, lands and religion; this includes those who are present and those who are absent amongst them; and their families, goods and everything in their possession, be it plentiful or scarce” (Cited by Abu Yusuf in al-Kharaj, 78; Abu ‘Ubayd al-Qasim b. Sallam in Kitab Al-Amwal, p. 244—245#503; Ibn Sa’d in al-Tabaqat al-Kubra, 1:288, 358; Ibn Zanjawayh in Kitab al-amwal,pp. 449—450#and al-Baladhuri in Futuh al-buldan, p.90)
The letter wrote to Abu ‘Ubayda (May Allah be pleased with them), the then governor of Syria, also contains similar provisions,
وامنع المسلمين من ظلمهم، والإضرار بهم، وأكل أموالهم إلا بحلها.
“See to it that you prohibit the Muslims [under your command] from oppressing them [the non-Muslim citizens], harming them or illegally plundering their wealth”. (Cited by Abu Yusuf in al-Kharaj, p. 152)
‘Ali b. Abi Talib (May Allah be please with him) said,
إنما بذلوا الجزية لتكون دماؤهم كدمائنا وأموالهم كأموالنا.
“The non-Muslim citizens pay the tax (A tax levied on the non-Muslim citizens of an Islamic state in lieu of military service. ED.)so that their blood and property should be as inviolable as ours”. (Cited by Ibn Qudama in al-Mughni, 9:181; and al-Zayla’i in Nasb al-raya, 3:381)
So much importance has been associated with the life, property and honour of the non-Muslim citizens that the Muslim state has been equally charged with protecting them as it protects the Muslim citizens. In fact, the Muslims have been prohibited from destroying the pork and wine belonging to non-Muslim citizens, and if they do, they must pay a fine. The famous book of Hanafi jurisprudence, al-Durr al-Mukhtar, states,
يضمن المسلم قيمة خمره وخنزيره إذا أتلفه.
“The Muslim who destroys his [the Christian’s] wine and pork is legally responsible for paying its price”. (Al-Haskafi, al-Durr al-Mukhtar, 2:223; and al-Shami, Radd al-Muhtar, 3:273)
Islam has forbidden theft and prescribed strict punishment for it. When a woman from the Quraysh tribe committed theft during the time of the Prophet (God’s blessing and peace be upon him), he ordered the prescribed punishment to be imposed on her. When people requested him to soften the punishment he (God’s blessing and peace be upon him) said,
وأيم الله، لو أن فاطمة بنت محمد سرقت، لقطعت يدها.
“By God, had my daughter Fatima stolen, I would have applied the prescribed punishment upon her, too”. (Narrated by al-Bukhari in al-Sahih: Kitab al-Anbiya’ [The Book of the Prophets], chapter: ‘The Tradition of the Cave’, 3:1282#3288;and Muslim al-Sahih: Kitab al-Hudud [The book of prescribed punishment], 3:1315#1688)
Imam Yahya b. Sharaf al-Nawawi writes,
إن مال الذمي والمعاهد والمرتد في هذا كمال المسلم.
“In this context, the wealth of the non-Muslim citizen, the non-Muslim under agreement of protection and the apostate is certainly like the wealth of a Muslim” (Yahya al-Nawawi, Sharh Sahih Muslim, 12:7)
Imam Ibn Qudama al-Hanbali mentioned that the prescribed punishment should be enforced if the possessions of a non-Muslim are stolen, just as it is imposed when a Muslim’s belongings are stolen (Ibn Qudama al-Maqdisi, al-Mughni, 9:112). Ibn Hazm mentioned that there is no disagreement that the prescribed punishment should be applied on the Muslim who steals the possessions of a non-Muslim citizen (Ibn Hazam, al-Muhallah, 10:351). Ibn Rushd said that there is a consensus on this point (Ibn Rushd, Bidayat al-Mujtahid, 2:299)
The Muslim and non-Muslim citizens are equal in the eyes of Islamic law when it comes to the theft of belongings. If a Muslim steals the belongings of a non-Muslim, the prescribed punishment will be enforced upon him, and if he unlawfully seizes his wealth, a discretionary punishment from the ruler [ta’zir] will be carried out. Islam has given so much importance to the belongings of non-Muslims that every item of their belongings, which they so declare, is to be safeguarded, though it may not fall in the category of belongings in the eyes of the Muslims, such as wine and pork. If anyone destroys the wine belonging to a Muslim, neither a prescribed punishment nor a discretionary punishment will be enforced against him. On the other hand, if a Muslim destroys the wine and pork belonging to a non-Muslim, he will be required to pay a fine, because both wine and pork are considered a part of the non-Muslim’s belongings.
8. Humiliating Non-Muslim Citizens is Forbidden
Just as the humiliation and violation of a Muslim’s dignity is forbidden in Islam, it is also forbidden to disgrace and dishonour a non-Muslim citizen. No Muslim is allowed to abuse a non-Muslim, or slander or attribute falsehood to him or her. Islam also restrains its followers from making mention of any law in the person of a non-Muslim, which may be associated with his or her self, family or lineage.
Once the son of ‘Amr b. al-‘As, the Governor of Egypt, punished a non-Muslim unjustly. When a complaint of this injustice reached Caliph ‘Umar (May Allah be pleased with him), he made the non-Muslim Egyptian publically exact the same punishment upon the Governor’s son, and he uttered the historic sentence, which according to some researchers characterized the struggle during the French Revolution:
من استبعدتم الناس وقد ولدتهم أمهاتهم أحرارا؟
“Since when have you regarded people as your slaves, while their mothers gave birth to them as free men?” (Narrated by al-Hindi in Kanz al-Ummal, 2:455)
Harming a non-Muslim citizen with one’s tongue and hands and abusing him or her is no less forbidden than doing so to a Muslim. In al-Durr al-Mukhtar, it is narrated:
يجب كف الأذى عنه وتحرم غيبته كالمسلم.
“All harm must be kept from him [the non-Muslim citizen] and it is forbidden to backbite him –just as it is for a Muslim”. (Al-Hakafi, al-Durr al-Mukhtar, 2:223; Ibn ‘Abidin al-Shami, Radd al-Muhtar, 3:273—274)
Imam Shihab al-Din al-Qarafi, the famous Maliki Jurist, wrote in his book al-Furuq about the rights of non-Muslim citizens:
إن عقد الذمة يوجب لهم حقوقا علينا، لأنهم في جوارنا وفي خفارتنا (حمايتنا) وذمتنا وذمة الله تعالى، وذمة رسول الله صلى الله عليه وسلم، ودين الإسلام. فمن اعتدى عليهم ولو بكلمة سوء أو غيبة، فقد ضيع ذمة الله، وذمة رسوله صلى الله عليه وسلم، وذمة دين الإسلام.
The dhimma contract for non-Muslims establishes certain rights that they have upon us because they live in proximity to us and are under our protection and care and the care of God and the Messenger of God (God’s blessing and peace be upon him) and the religion of Islam. So whoever transgresses against them—even if by an evil word or through backbiting—has neglected the guarantee of God, His Messenger (God’s blessing and peace be upon him) and the religion of Islam. (Al-Qarafi al-Furuq, 3:14)
Ibn ‘Abidin al-Shami writes about the rights of non-Muslim citizens:
لأنه بعقد الذمة وجب له ما لنا، فإذا حرمت غيبة المسلم حرمت غيبته، بل قالوا: إن ظلم الذمي أشد.
“That is because due to the contract about non-Muslims, he [a non-Muslim] deserves the same rights as we do; and since it is unlawful to backbite a Muslim, it is also unlawful to backbite him [a non-Muslim]. Nay, they [the jurists] have said that oppression meted out to a non-Muslim citizen is ever severer [in sin]”. (Ibn ‘Abidin al-Shami in Radd al-Muhtar, 3:273, 274)
Al-Kasani regarded the rights of Muslims and non-Muslims as equal in his book Bada’i al-sana’i:
لهم مالنا وعليهم ما علينا.
“Non-Muslim citizens enjoy the same right that are enjoyed by us (Muslims), and they have the same responsibilities as we do”. (Narrated by al-Kasani in Bada’i al-sana’i, 7:111)
The aforementioned sayings of the jurists prove that it is the collective responsibility of all Muslims to protect the honour of non-Muslim citizens.
The prophet (God’s blessing and peace be upon him) enjoined his followers to treat non-Muslim citizens with excellence. It is the duty of the Islamic state to guarantee the protection of the non-Muslim citizens against oppression, wrongs and excesses. If the Islamic state fails to deliver justice and security to its non-Muslim citizens, the prophet (God’s blessing and peace be upon him) declared that he would be the advocate of such oppressed people and that he would restore to them their rights on the Day of Judgment.
The prophet (God’s blessing and peace be upon him) said,
ألا من ظلم معاهدا، أو انتقصه، أو كلفه فوق طاقته، أو أخذ منه شيئا بغير طيب نفس، فأنا حجيجه يوم القيامة.
“Beware! Whoever wrongs a non-Muslim citizen, or diminishes any of his rights, or imposes on him more than he can bear, or takes anything from him without his consent, I shall plead on his [the latter’s] behalf on the Day of Resurrection”. (Narrated by Abu Dawud in al-Sunan: Kitab al-kharaj wa al-imara wa al-fay’ [The book on the land tax, leadership and spoils acquired without fighting], 3:170#3052; al-Bayhaqi in al-Sunan al-Kubra, 9:205#18511; and al-Mundhiri in al-Targhib wa al-tarhib, 4:7#4558. Al-‘Ajluni said in Kashf al-Khafa’ that the chain of this tradition is good [hasan] (2:352).)
The goal behind the prophet’s saying was to make the Muslim society realize its responsibility towards the rights of its non-Muslim citizens, so that they do not falter in discharging this duty.
9. The Protection Of Non-Muslim Citizens Form Internal And External Aggression
According to Islamic Law, the protection of non-Muslim citizens is one of the duties of the state. If any person—irrespective of his association with any nation, religion or state—commits aggression against a non-Muslim citizen and oppresses him or her, it is the responsibility of the state to protect that non-Muslim citizen, even if such protection entails entering into a war. God says,
(وأخذنا الذين ظلموا بعذاب بئيس بما كانوا يفسقون)
“And we seized [the rest of] the people who committed injustice [actively or passively] with a very harsh punishment because they were disobeying”. (The holy Qur’an7:165)
The Qur’an threatens with torment those who oppress others, but it gives an ever harsher warning to those who allow oppression to go unchallenged.
Islam has laid great emphasis on the protection of non-Muslim citizens against internal violence and oppression and has made their protection the duty of the Islamic state. Islam does not allow citizens to encroach upon the rights of non-Muslim citizens or resort to oppression and violence against them, verbally or physically.
There are many Qur’anic verses and prophetic traditions that reveal the calamitous repercussions and painful results of atrocities and oppression, in this world and in the Hereafter. Special injunctions prohibit oppressing non-Muslim citizens in particular.
A Hadith reported in the Sunan of Abu Dawud has already been mentioned in which the prophet (God’s blessing and peace be upon him) declared that, on the Day of Judgment, he will act as an advocate for the oppressed. Another Hadith dealing with the same subject has been reported by ‘Abd Allah b. Mas’ud (May Allah be pleased with him) in which the prophet (God’s blessing and peace be upon him) said,
من آذى ذميا فأنا خصمه، ومن كنت خصمه، خصمته يوم القيامة.
“Whoever hurts a non-Muslim citizen, I shall be his opponent. And when I am someone’s adversary, I shall overcome him on the Day of Resurrection”. (Narrated by al-Khatib al-Baghdadi in Tarikh Baghdad with an excellent chain of transmission (8:370); and cited by Badr al-Din al-‘Ayni in ‘Umdat al-qari, 15:89)
The contemporary nation-states are responsible for taking all necessary measures to safeguard the lives of their citizens, including Muslims and non-Muslims, against any external aggression or war. Since the government is the repository of legal, political and economic powers coupled with military power, it is obligatory on the governments to take all required steps for their protection against any internal danger. ‘Ali May Allah be pleased with him, the leader of the faithful, said,
إنما بذلوا الجزية لتكون دماؤهم كدمائنا وأموالهم كأموالنا.
“The non-Muslim citizens pay the tax so that their blood and property should be as inviolable as ours”. (Cited by Ibn Qudamam al-Maqdisi in al-Mughni, 9:18; and al-Zayla’i in Nasb al-raya, 3:381)
One of the books of Hanbali jurisprudence, Matalib uli al-nuha, states,
هذا من واجبات الدولة الإسلامية أنها توفر للذميين ضمانا كاملا بكونهم سكان الدولة الإسلامية.
“It is the duty of the Muslim government to give complete protection to its non-Muslim citizens against suffering and torture of every kind, because of their being residents in the Islamic state”. (Mustafa b. Sa’d, Matalib uli al-nuha, 2:602—603)
If any external power chooses to flex its military muscle against the non-Muslim citizens of an Islamic state and aims to attack them in any manner, it is incumbent upon the Islamic government to take urgent measures to protect them. In his book al-Furuq, Imam al-Qarafi quoted a saying of Ibn Hazm from his book Maratib al-ijma’,
وجب علينا أن نخرج لقتالهم بالكراع والسلاح ونموت دون ذالك.
“It is obligatory for us to go out and wage war against them [who aggress against the non-Muslim citizens of an Islamic state] with military might, even though we may die in the process”. (Shihab al-Din al-Qarafi, al-Furuq, 3:14—15)
This is also the viewpoint of Ibn Taymiyya. When the Mongols occupied Syria, Ibn Taymiyya went to the king for the release of the prisoners. The Mongol leadership showed their willingness to release the Muslim prisoners, but refused to release the non-Muslim citizens. Ibn Taymiyya said, “We will not be happy unless all the prisoners form amongst the Jews and the Christians are released. They are but our non-Muslim citizens and we will not leave any of our prisoners in captivity, whether they belong to the non-Muslim or Muslim population”. When the king saw the force of Ibn Taymiyya’s arguments and his unrelenting insistence, he ordered the release of all Muslim and non-Muslim prisoners. (Ibn Taymiyya, Majmu’a al-Fatawa, 28:617—618)
It is clear in the light of the Qur’anic verses, prophetic traditions and sayings of the jurists that no Muslim has the right to kill a non-Muslim citizen merely on the basis of his being non-Muslim, and it is unlawful to plunder his wealth or dishonour him. In addition, Islam not only guarantees the protection of the life, honour and property of non-Muslim citizens, but also gives complete protection to their places of worship.
Acts of Terrorism and Violence Has Nothing to Do With Islam
The above excerpts from Dr. Tahir ul Qadri’s book make it clear that the Taliban and other Salafi-Wahhabi terrorists' act of terrorism and violence have nothing whatsoever to do with Islam. Then, it would be of great injustice to associate Wahhabi Taliban-like activities with Islamic legitimacy. The Salafi-Wahhabi Taliban ideologues and their like-minded terrorist groups should notice that their foul ideas of killing Sufi-minded Muslims and non-Muslims are completely against the Qur’an, Hadith, and Consensus. Thus, they should stop shedding the blood of innocent people, whether Muslim or non-Muslim, fear Allah Almighty, the merciful and His beloved Messenger (God’s blessing and peace be upon him) who is the mercy for the whole world.
(To be continued)
URL of Part 2: http://www.newageislam.com/islamic-ideology/ghulam-ghaus,-new-age-islam/refutation-of-taliban-magazine-nawa-e-afghan-jihad’s-article-titled--kufr-and-apostasy-united-against-islamic-mujahedeen--part-2--muslims-killing-innocent-muslims/d/99625
A regular columnist for New Age Islam, Ghulam Ghaus is an Alim and Fazil (Classical Islamic scholar) with a Sufi background. He has completed the classical Islamic sciences from a Delhi-based Sufi Islamic seminary Jamia Hazrat Nizamuddin Aulia Zakir Nagar, New Delhi with specialization in Tafseer, Hadith and Arabic. He completed his Alimiat and Fazilat respectively from Jamia Warsia Arabic College, Lucknow and Jamia Manzar- e- Islam, Bareilly, U.P. He has graduated in Arabic (Hons) and is pursuing his M.A in Arabic from Jamia Millia Islamia, New Delhi.