Refutation Of Taliban Magazine Nawa-E-Afghan Jihad’s Article Titled 'Kufr And Apostasy United Against Islamic Mujahedeen' - Part 3: Dr. Tahir Ul Qadri's Fatwa On Killing Of Innocent Muslims And Non-Muslims
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)
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.
URL: https://www.newageislam.com/islamic-ideology/taliban-magazine-apostasy-kur/d/99647