Posted by Abu Iyaad
Written
May 2017
Filed under Misconceptions
THE FOUNDATION of non-Muslim relations, with respect to those who do not show aggression and hostility to the Muslims, who do not fight them and do not expel them form their homes, and those who live under Muslim rule, is justice and kind treatment. This is the decisive commandment of the Qurʾān.
Regarding the verse of the Noble Qurʾān:
Allāh does not forbid you regarding those who do not fight you because of religion and do not expel you from your homes from being righteous towards them and acting justly towards them. Indeed, Allāh loves those who act justly. (60:8).
Imām al-Ṭabarī (رحمه الله), the famous Qurʾān commentator, stated, after discussing various views about this verse:[1]
The most correct of these statements is of the one who said that [this verse] pertains to all of the factions from the varying beliefs and religions. That you behave kindly towards them, and that you are just regarding them, because Allāh generalised with His saying, "those who do not fight you because of religion and who do not expel you from your homes." So this applies to everyone who is characterised by this. He did not specify some as opposed to others in this regard.
The famous Qurʾān commentator Imām al-Shanqīṭī (d. 1393H) (رحمه الله) discussed this issue at length and brought numerous clear historical and textual evidences to establish that this verse has not been abrogated, he said:[2]
This (view) that has been deemed correct by Ibn Jarir (al-Ṭabarī) and which was authenticated by al-Shafiʿī (رحمه الله) is that which is necessitated by spirit of the Islamic legislation.
He also used as evidence the verse in the Qurʾān which enjoins kindess and good treatment of polytheist parents, despite their efforts to draw their son or daughter into their polytheism (31:15).
In sealing his arguments, he stated:
And we have lengthened the speech regarding this matter due to its importance and the dire need for it today.
And Imām al-Saʿdī (رحمه الله) said in his tafsīr:[3]
When the noble verses [that precede this one] were revealed—those which incited enmity towards the disbelievers [who oppressed, expelled and waged war against Muslims]—the believers thought that they applied to every situation, and so they adhered to them in a most complete way.
As a result, they withheld from maintaining relations with their polytheist relatives and thought that this also entered into what Allāh had prohibited [in those verses].
So Allāh informed them that [such behaviour] does not enter into the unlawful, so He said: “Allāh does not forbid you regarding those who do not fight you because of religion and do not expel you from your homes from being righteous towards them and acting justly towards them. Indeed, Allāh loves those who act justly.” (60:8).
Meaning, Allāh does not prohibit you from kindness, maintaining relations, mutual goodness and justice with the polytheists, those from your relatives and others, so long as they did not undertake to fight you because of religion and to expel you from your homes.
In such a case [when they do not do these things], there is nothing to prevent you from maintaining ties with them, there being no caution or corruption in maintaining ties with them in this situation.
This is similar to what Allāh, the Exalted said regarding polytheist parents whose son is a Muslim: “But if they both strive to make you associate others with Me [in worship]—a matter of which you have no knowledge—then do not obey them, but accompany them in the life of this world with kindness.” (31:15)
Then the renowned Mālikī jurist, Shihāb al-Dīn Abū al-ʿAbbās Aḥmad bin Idrīs al-Miṣrī, (d. 1285) (رحمه الله) known as al-Qarāfī—whilst clarifying the nature of the relationship between Muslims and non-Muslims said in explanation of the word (al-birr) which occurs in this verse—stated:[4]
The covenant of the guarantee of safety (dhimmāh)[5] obligates certain rights upon us which are due to them (non-Muslims) because they are within our neighbourhood and under our protection and under the protection (dhimmah) of Allāh the Most High, the Prophet (صلى الله عليه وسلم) and of the religion of Islām.
Whoever transgressed against them even if it was with an evil word or backbiting them with respect to the honour of one of them, or any harm amongst the types of harm, or who even aids in that, then he has ruined the guarantee of (safety) of Allāh, of His Messenger (صلى الله عليه وسلم) and of the religion of Islām granted to them.
Likewise, Ibn Ḥazm has cited in his work ‘Marātib al-Ijmāʾ’ that: ‘Whoever was under guarantee of protection and then the people of war came to our land desiring him it is obligatory upon us to depart to fight them with our cavalry (of horsemen) and with weapons and to die for this purpose whilst doing that out of protection for the one who is under the guarantee of (safety) of Allāh the Exalted and of His Messenger (صلى الله عليه وسلم). For allowing him to be delivered to them is to neglect the covenant of protection (such a one has been granted)’ and he [Ibn Ḥazm] cited the consensus of the Muslim nation regarding this.
What has been expressed in the above words of al-Qarāfī are not mere sentiments and theoretical propositions, rather they are injunctions which Muslim scholars have enacted in history, out of obedience to God and His Messenger and in order to enact the justice that Islām demands.
When the ruler of the Mongol Tartars Quṭlūshah approached Damascus, Syria at the beginning of the 8th century in the Muslim calendar—around the approach or the beginning of the 14th centtury CE—he took Muslims and protected citizens from the Jews and Christians as captives.
The renowned Muslim scholar, Ibn Taymiyyah (d. 1328) (رحمه الله) went to him along with a contingent of Islāmic scholars and demanded all the captives be released. Though Quṭlūshah agreed to let the Muslim captives go free, he refused to release Jews and Christians.
Ibn Taymiyyah (رحمه الله) wrote:[6]
And all the Christians know that when I spoke to the Tartars about releasing the captives [they had taken], and Ghāzān and Quṭlūshah [eventually] released them, I had spoken to my associates amongst them [in this regard], so he allowed the release of the Muslims. He said to me, ‘But we have Christians with us whom we took from al-Quds (Jerusalem), and they will not be freed.’ I said to him, ‘Rather, everyone who is with you (as a captive) from the Jews and Christians, those who are under our protection (are to be released), we will remove them (from captivity) and not leave a single captive, neither from the people of our religion and nor from the people of protected status.’ And thus we freed from the Christians whomever Allāh willed (to be freed). And this is our (righteous) action and benevolence, the reward lies with God.
Then al-Qarāfī explains the righteousness (birr) that is mentioned in the aforementioned verse:
To show gentleness to their weak, to satisfy the needs of their poor, to feed their hungry, to clothe their naked, to use gentle, kind speech to them from the angle of compassion and mercy towards them—not out of fear or inferiority—to bear whatever harm arises from them when they are our neighbours despite having the ability to end (their harm), doing this out of compassion for them, not out of fear or veneration of them.
To supplicate for guidance for them, that they be made people of happiness, to advise them in all their affairs that pertain to their religion and [likewise] their worldly affairs.
To protect them in their absence when anyone embarks upon harming them, to protect their wealth, their families, their honour and all of their rights and beneficial interests.
That they are aided in repelling any oppression against them and delivering all their rights to them.
A (Muslim) does all such acts of goodness towards them that one who is in a priviliged position can possibly do towards the one who is under-privileged and likewise, [acts of goodness] that an enemy can do to an enemy, for all of that is from nobility in character and manners (makārim al-akhlāq).
It is desirable that all of what we do with respect to them is from this angle, not from the angle of pride and loftiness on our behalf and nor from the angle of belittling ourselves and exalting them through such action towards them.
Footnotes
1. Refer to Tafsīr al-Ṭabarī under the explanation of this verse.2. Refer to Aḍwā al-Bayān (6/1466 onwards).
3. Refer to Taysīr al-Karīm al-Raḥmān Fī Tafsīr Kalām al-Mannān under this verse.
4. Refer to al-Furūq (3/14).
5. The dictionary meaning of dhimmah is: covenant, contract, bond, protection, shelter, alliance, responsibility, clientship, care, custody, coventant of protection, inviolability, security of life and property the neglect of which brings blame. In his Arabic Lexicon, Edward Lane summarises the essence of the meaning of dhimmah: a sacred thing which one is under an obligation to reverence, respect, or honour, and defend; everything entitled to reverence, respect, honour or defence in the character and appertenances of a person; security, safety, security of life and property protection or safeguard; a promise, or an assurance, of safety, protection, or safeguard, indemnity. Refer to Lane’s Lexicon, Steingass and Hans Wehr.
6. Refer to Majmū al-Fatāwā (28/617-618).
