The Rights of Non-Muslims Under Sharia Law

Sharia law is often misunderstood, especially regarding its treatment of non-Muslims. However, the Sharia has a rich tradition of justice, allowing non-Muslims such as Christians and Jews to follow their own laws while living in Muslim-majority societies.

1. Pluralism Under Sharia: A Historical Perspective

Sharia law is not a monolithic system but rather a framework that has historically embraced justice. Within Islamic societies, non-Muslims, particularly “People of the Book” (Christians and Jews), were allowed to practice their religion freely and follow their own legal systems concerning personal matters like marriage, divorce, and inheritance.

“Let there be no compulsion in religion: Truth stands out clear from Error.” (Quran 2:256)

This verse underscores that faith is a personal choice and that people should be allowed to practice their religion without coercion.

2. Dhimmi Status: Protection, Responsibilities, and Benefits

Non-Muslims living under Islamic rule were given the status of “dhimmi,” which granted them protection and certain rights in exchange for the payment of jizya, a tax levied on non-Muslim citizens. The jizya was not merely a tax but a means to ensure the safety and protection of non-Muslims in a Muslim-majority state. It also exempted them from military service, which was obligatory for able-bodied Muslim men.

A lesser-known aspect of the jizya is that it also contributed to providing pensions and other benefits to non-Muslims. This system ensured that non-Muslims were cared for in the state, particularly in old age or during times of need.

The Prophet Muhammad (peace be upon him) emphasised the sanctity of the protection given to non-Muslims:

“Whoever kills a mu’ahid (a person who is granted the pledge of protection by the Muslims) shall not smell the fragrance of Paradise…” (Sahih Bukhari 3166)

“If somebody harms a disbeliever that’s living under the protection of the Muslims, they have harmed me; if they have harmed me, they have harmed God.” — Prophet Muhammed, Peace be Upon him

Islamic law does not allow for double standards when it comes to justice. Non-Muslims have the right to seek justice if they are wronged by a Muslim. Historical examples show that even the highest leaders, like Caliph Ali and Caliph Umar ibn Abdulaziz, upheld the rights of non-Muslims, ensuring that justice was served when a non-Muslim was wronged.

For instance, during Caliph Ali’s time, a Muslim who killed a non-Muslim was brought to justice, and the non-Muslim’s family was given the choice to demand the death penalty or accept compensation. Islamic Governance made sure everyone was responsible for their actions and justice was served.

3. Legal Autonomy: Non-Muslims and Their Laws

One of the most remarkable aspects of the Sharia’s application is its respect for the legal autonomy of non-Muslim communities. Non-Muslims were allowed to maintain their religious laws and customs in matters of personal status. This legal pluralism was practiced in various Islamic states, where Christian, Jewish, and other religious communities had their courts and legal systems.

“To each among you, We have prescribed a law and a clear way…” (Quran 5:48)

4. The Role of Jizya in Social Welfare

Non-Muslims under Sharia law were required to pay a tax called jizya (often being lower than the 2.5% tax on the wealth of Muslims paid towards charity yearly). However, this tax was a system that provided benefits, including protection and exemption from military service and those who would be burdened to pay it were exempted from paying it. Furthermore, certain groups, such as Christian monks who dedicated their lives to worship, were even exempted from paying the jizya, showing the flexibility and fairness of the system.

In contrast to modern taxation, where everyone must contribute regardless of their role in society, Islamic law recognised the unique circumstances of different communities and adjusted its requirements accordingly.

The Jizya was used not only for the administration and protection of the state but also to provide pensions and social services and support for those in need, including the elderly and disabled non-Muslims. This practice ensured that non-Muslims were not only protected but also cared for, reflecting the Islamic commitment to justice.

“O you who have believed, be persistently standing firm for Allah, witnesses in justice, and do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness.” (Quran 5:8)

The positive effects of this system can be seen during the time of Umar ibn Abd-Alaziz, poverty was wiped out, justice was deeply woven into the society and the animals were fed with the surplus food and wealth as they were seen as also a part of the responsibilities of the Caliph.

There are numerous historical examples of Islamic leaders advocating for the rights of non-Muslims. For instance, the scholar Taqi al-Din famously negotiated with the Tartar leaders to secure the release of both Muslim and non-Muslim prisoners of war, demonstrating that Islamic justice extends beyond the Muslim community.

These examples, drawn from Islamic history, demonstrate a consistent commitment to justice and fairness, regardless of a person’s faith.