The Rights of Non-Muslims in the Islamic State:
The Rights of Non-Muslims in the Islamic State: A Historical and Legislative Overview
A documented study on the evolving status of Dhimmis under Islamic rule throughout history
Introduction
The topic of non-Muslim rights in the Islamic state is one of the most critical and often misunderstood issues, particularly in light of widespread misconceptions or selective portrayals regarding Islam’s treatment of followers of other faiths. Since the establishment of the first Islamic state in Medina, Islamic law has laid out a unique framework for organizing the relationship between Muslims and non-Muslims—founded on justice, human dignity, and clear legal protections for the People of the Covenant (Ahl al-Dhimma).
I. General Foundations of Muslim–Non-Muslim Relations
1. Human Dignity as a Legislative Principle
Islam recognizes the inherent dignity of all human beings, regardless of their religion or ethnicity. This foundational principle is reflected in the legal and social structures of the Islamic state, which ensure basic rights for non-Muslims as co-citizens.
2. The Dhimma Contract as a Guarantee of Rights
The concept of “Dhimma” (covenant) does not denote inferiority but rather a formal pact of protection and security. It granted non-Muslims a defined legal status that included the right to safety, justice, and religious freedom, in exchange for abiding by public laws and paying a symbolic tax (jizya) in lieu of military service.
II. Civil Rights of Non-Muslims in the Islamic State
1. Freedom of Belief and Worship
Among the most prominent rights granted to non-Muslims is the freedom to practice their religion without coercion. Historically, Muslim rulers preserved churches, synagogues, and monasteries, and allowed their construction and maintenance.
2. Right to Safety and Protection
The Islamic state ensured the security of non-Muslims both internally and externally. One notable example is the covenant of Caliph Umar ibn al-Khattab to the Christians of Jerusalem: “They shall have security for themselves, their possessions, and their churches…”
3. Right to Property Ownership
Non-Muslims were allowed to own land and property and had full freedom to manage or dispose of it, as long as it did not violate public laws or harm others.
4. Right to Legal Recourse
Non-Muslims could adjudicate personal matters according to their own religious laws. In disputes with Muslims, they could choose between an Islamic court or their own religious authority.
III. Political and Social Rights
1. Representation in Public Administration
At various points in Islamic history, non-Muslims held high-ranking positions in medicine, finance, and translation. Notable examples include Ibn al-Muqaffaʿ (of Zoroastrian background) and Ibn Sina, who thrived in intellectually pluralistic environments.
2. Community Participation
In major Islamic cities such as Cairo, Baghdad, and Córdoba, non-Muslims lived alongside Muslims and contributed actively to scientific, economic, and cultural development.
IV. Jizya and the State’s Responsibilities
1. Jizya as a Social Contract, Not Humiliation
The jizya was a modest tax paid by non-Muslims in return for exemption from military service. It was lower than the zakat paid by Muslims. The poor, elderly, women, and monks were exempted from paying it, underscoring its social rather than punitive nature.
2. State Responsibility Toward Non-Muslims
The state was obligated to provide for poor or elderly non-Muslims. A famous account tells how Caliph Umar saw an elderly Jewish man begging and ordered that he be given a pension from the public treasury.
V. Historical Case Studies
1. Al-Andalus (Muslim Spain)
Under Muslim rule, Muslims, Christians, and Jews coexisted peacefully. Non-Muslim minorities enjoyed religious and cultural freedom and served as advisors, judges, and scholars.
2. Jerusalem
When Umar ibn al-Khattab entered Jerusalem, he ensured freedom of worship for Christians and refused to pray inside the Church of the Holy Sepulchre, fearing it might later be converted into a mosque.
3. Egypt under Amr ibn al-As
After the Muslim conquest of Egypt, Copts retained their churches and religious rituals. Many properties confiscated by the Byzantines were returned, and the country witnessed a cultural and economic renaissance.
VI. Western Acknowledgment and Fair Testimonies
Despite widespread distortions, several Western scholars have acknowledged the justice of Islamic governance toward religious minorities. British historian Thomas Arnold states in his Preaching of Islam:
“Muslims did not attempt to force the religion on non-Muslims, and Christians lived in peace and security under Muslim rule.”
And French historian Gustave Le Bon observed:
“History has never known a more tolerant religious rule than that exhibited by Muslims.”
Conclusion
The Islamic legal and social system has historically provided a distinctive and effective model for the protection of non-Muslim rights—both in theory and in practice. Spanning centuries and regions, its core principles of justice, freedom of belief, and human dignity stand as a testament to a civilization that valued coexistence and lawful pluralism. These foundational principles continue to inspire efforts toward building equitable societies that honor diversity and ensure balanced rights and responsibilities for all.
References
-
Muhammad Abu Zahra, Relations Between Muslims and Non-Muslims, Dar Al-Fikr Al-Arabi, 1986.
-
Thomas W. Arnold, The Preaching of Islam, Translated by Hasan Ibrahim, Cairo: 1998.
-
Ragheb El-Sergany, Rights of Non-Muslims in the Islamic State, IslamStory.com.
-
Yusuf al-Qaradawi, Non-Muslims in the Muslim Society, Wahba Publishing, 1990.
-
Gustave Le Bon, The Civilization of the Arabs, Translated by Adel Zaiter, Cairo: General Egyptian Book Organization, 2005.
Keywords:
Dhimmis’ rights, non-Muslims in Islam, Islamic governance, religious tolerance, Islamic history
: A Historical and Legislative Overview
A documented study on the evolving status of Dhimmis under Islamic rule throughout history
Introduction
The topic of non-Muslim rights in the Islamic state is one of the most critical and often misunderstood issues, particularly in light of widespread misconceptions or selective portrayals regarding Islam’s treatment of followers of other faiths. Since the establishment of the first Islamic state in Medina, Islamic law has laid out a unique framework for organizing the relationship between Muslims and non-Muslims—founded on justice, human dignity, and clear legal protections for the People of the Covenant (Ahl al-Dhimma).
I. General Foundations of Muslim–Non-Muslim Relations
1. Human Dignity as a Legislative Principle
Islam recognizes the inherent dignity of all human beings, regardless of their religion or ethnicity. This foundational principle is reflected in the legal and social structures of the Islamic state, which ensure basic rights for non-Muslims as co-citizens.
2. The Dhimma Contract as a Guarantee of Rights
The concept of “Dhimma” (covenant) does not denote inferiority but rather a formal pact of protection and security. It granted non-Muslims a defined legal status that included the right to safety, justice, and religious freedom, in exchange for abiding by public laws and paying a symbolic tax (jizya) in lieu of military service.
II. Civil Rights of Non-Muslims in the Islamic State
1. Freedom of Belief and Worship
Among the most prominent rights granted to non-Muslims is the freedom to practice their religion without coercion. Historically, Muslim rulers preserved churches, synagogues, and monasteries, and allowed their construction and maintenance.
2. Right to Safety and Protection
The Islamic state ensured the security of non-Muslims both internally and externally. One notable example is the covenant of Caliph Umar ibn al-Khattab to the Christians of Jerusalem: “They shall have security for themselves, their possessions, and their churches…”
3. Right to Property Ownership
Non-Muslims were allowed to own land and property and had full freedom to manage or dispose of it, as long as it did not violate public laws or harm others.
4. Right to Legal Recourse
Non-Muslims could adjudicate personal matters according to their own religious laws. In disputes with Muslims, they could choose between an Islamic court or their own religious authority.
III. Political and Social Rights
1. Representation in Public Administration
At various points in Islamic history, non-Muslims held high-ranking positions in medicine, finance, and translation. Notable examples include Ibn al-Muqaffaʿ (of Zoroastrian background) and Ibn Sina, who thrived in intellectually pluralistic environments.
2. Community Participation
In major Islamic cities such as Cairo, Baghdad, and Córdoba, non-Muslims lived alongside Muslims and contributed actively to scientific, economic, and cultural development.
IV. Jizya and the State’s Responsibilities
1. Jizya as a Social Contract, Not Humiliation
The jizya was a modest tax paid by non-Muslims in return for exemption from military service. It was lower than the zakat paid by Muslims. The poor, elderly, women, and monks were exempted from paying it, underscoring its social rather than punitive nature.
2. State Responsibility Toward Non-Muslims
The state was obligated to provide for poor or elderly non-Muslims. A famous account tells how Caliph Umar saw an elderly Jewish man begging and ordered that he be given a pension from the public treasury.
V. Historical Case Studies
1. Al-Andalus (Muslim Spain)
Under Muslim rule, Muslims, Christians, and Jews coexisted peacefully. Non-Muslim minorities enjoyed religious and cultural freedom and served as advisors, judges, and scholars.
2. Jerusalem
When Umar ibn al-Khattab entered Jerusalem, he ensured freedom of worship for Christians and refused to pray inside the Church of the Holy Sepulchre, fearing it might later be converted into a mosque.
3. Egypt under Amr ibn al-As
After the Muslim conquest of Egypt, Copts retained their churches and religious rituals. Many properties confiscated by the Byzantines were returned, and the country witnessed a cultural and economic renaissance.
VI. Western Acknowledgment and Fair Testimonies
Despite widespread distortions, several Western scholars have acknowledged the justice of Islamic governance toward religious minorities. British historian Thomas Arnold states in his Preaching of Islam:
“Muslims did not attempt to force the religion on non-Muslims, and Christians lived in peace and security under Muslim rule.”
And French historian Gustave Le Bon observed:
“History has never known a more tolerant religious rule than that exhibited by Muslims.”
Conclusion
The Islamic legal and social system has historically provided a distinctive and effective model for the protection of non-Muslim rights—both in theory and in practice. Spanning centuries and regions, its core principles of justice, freedom of belief, and human dignity stand as a testament to a civilization that valued coexistence and lawful pluralism. These foundational principles continue to inspire efforts toward building equitable societies that honor diversity and ensure balanced rights and responsibilities for all.
References
-
Muhammad Abu Zahra, Relations Between Muslims and Non-Muslims, Dar Al-Fikr Al-Arabi, 1986.
-
Thomas W. Arnold, The Preaching of Islam, Translated by Hasan Ibrahim, Cairo: 1998.
-
Ragheb El-Sergany, Rights of Non-Muslims in the Islamic State, IslamStory.com.
-
Yusuf al-Qaradawi, Non-Muslims in the Muslim Society, Wahba Publishing, 1990.
-
Gustave Le Bon, The Civilization of the Arabs, Translated by Adel Zaiter, Cairo: General Egyptian Book Organization, 2005.
Keywords:
Dhimmis’ rights, non-Muslims in Islam, Islamic governance, religious tolerance, Islamic history