Thursday, February 01, 2007

Citizenship in the Khilafah state

A brother recently asked some questions regarding citizenship in the Khilafah state. I thought it would be useful to post the following relavent sections from the draft translation of the book entitled “Introduction to the Constitution” published in 1382 Hijri (1963) by Hizb-ut-Tahrir.

Articles 5 & 6
-All citizens of the Islamic State enjoy the Shari'ah rights and duties.
-The State is forbidden from discriminating between the individuals in terms of rule, judiciary and management of affairs or anything similar. Every individual should be treated equally regardless of race, Deen, colour or anything else.

Explanation and evidences:

These two articles have been drafted in accordance with the rules of the Thimmi and in accordance with the rules pertaining Dar-al-Islam and Dar-al-Kufr. As for the Thimmi, he is he who embraces other than Islam and becomes a citizen of the Islamic State while adhering his faith which is other than Islam. The word Thimmi is derived from the word Thimmah, meaning the oath. Hence, the Thimmi are those to whom we give an oath to treat them according to the terms of peace we made with them, and to proceed in their treatment and in managing their affairs according to the rules of Islam.
Islam has come with several rules pertaining the people of Thimmah, in which it guaranteed for them the rights of citizenship and the imposed upon them the duties of citizenship. Islam also outlined that the Thimmi enjoy the same justice we enjoy and that they should abide by the same rules which we abide by. As for that which they enjoy in terms of justice and fairness, this is derived from the general command reflected in Allah (swt) saying: [4-58] “And if you judge between people that you judge with justice; truly how excellent is the teaching Allah gives you, for Allah is He Who hears and sees everything.”
Also in His (swt) saying: [5-8] “And let not the hatred of others to you to make you swerve to wrong and depart from justice. Be just, that is next to piety and fear Allah, for Allah is well acquainted with all that you do.”
It is also reflected in Allah (swt) saying pertaining the judgement between the people of the book. [5-42]: “If you judge, judge with equity between them; for Allah loves those who judge in equity.”
As for abiding by that which we abide by, this is derived from the actions and sayings of the Messenger of Allah (saw). He (saw) used to exact the same punishment upon the Kuffar and the Muslims. The Messenger of Allah (saw) punished a Jew by killing him for killing a woman. A Jewish couple were brought to the Messenger of Allah (saw) because they committed adultery, so he ordered their stoning to death.
The people of the Thimmah are given by Islam the same protection given to the Muslims. Ahmed extracted in his Masnad on the authority of Abdul-Rahman Ibnu Abi Bakra on that of his father that the Messenger of Allah (saw) said: “He who kills a covenanted person unjustly he shall not find the scent of heaven; its scent is found the distance of a hundred year march.” In the narration of Al-Tirmithi on the authority of Abu Hurayrah that the Messenger of Allah (saw) said: “He who kills a covenanted person enjoying the oath of Allah and the oath of His Messenger, he shall not smell the scent of Heaven; its scent is found the distance of a seventy year march.” Also, a Muslim who had killed a Jew was brought to the Messenger of Allah (saw), so he killed him and said: “We are the worthiest in fulfilling our oath.” People of Thimmah enjoy the same rights as those enjoyed by Muslims in terms of managing their affairs and securing their living. Bukhari extracted on the authority of Abu Moussa Al-Ash’ari ® that the Messenger of Allah (saw) said: “Feed the hungry, visit the poorly and free the prisoner.” Abu Ubaydah said: “Therefore, the people of Thimmah are excluded from Jihad, their prisoners are freed and if they are salvaged, they return to their Thimmah and their oath as free, and there are many Ahadith in this subject.” Abu Dawood extracted on the authority of Ibnu Abbas who said: “The Messenger of Allah (saw) made peace with the people of Najran on condition that they hand over to the Muslims 2000 garments, half to be handed in Safar and the rest in Rajab, also to lend them thirty shields, thirty horses, thirty camels and thirty of each type of weapons, which the Muslims would use in war and would guarantee their safe return; this in case there were a conspiracy or betrayal in Yemen; and on condition that no church of theirs is destroyed, no priest is banished. They would also not be coerced away from their faith provided they did not innovate any matter and they did not deal in usury.” The Messenger of Allah (saw) used to visit the poorly from amongst the Thimmi. Bukhari extracted on the authority of Anas ® that a Jewish valet who used to serve the Messenger of Allah (saw) was once taken ill, so the Messenger of Allah (saw) visited him. This indicates that it is permitted to visit them, be courteous and sociable with them. Ali ® was quoted as saying: “Truly they paid the Jizyah so that their wealth becomes like ours and so that their blood becomes like ours.” Bukhari also extracted on the authority of Amru Ibnu Maymun on that of Omar ® who said: “And commend him that by the oath of Allah and the oath of His Messenger (saw), he should fulfil their oath towards them, to fight on their behalf and not to burden them with more than they could bear.” The Thimmi should not be interfered with in terms of their faith and their rituals, for the Messenger of Allah (saw) said: “He who has embraced Judaism and he who has embraced Christianity, they should not be coerced away from their faith.”
Therefore, the Thimmi are subjects of the State, like any other subjects, enjoying the rights of citizenship, protection, guaranteed living and fair treatment; also enjoying the right of being treated with kindness, leniency and clemency. They can join the Islamic armed forces and fight alongside the Muslims if they choose to do so, but they are not obliged to fight. They are viewed by the ruler and the judge in the same light as the Muslims are viewed without any discrimination in terms of managing their affairs and when implementing the rules of transactions and the penal code upon them. Therefore, the Thimmi enjoys all the rights, equally and exactly as those enjoyed by the Muslim; he is also expected to perform all the duties incumbent upon him, such as the fulfilment of the oath and the obedience of the State’s orders.
This is as far as the rules of the Thimmi are concerned. As for Dar-al-Islam and Dar-al-Kufr, the Messenger of Allah (saw) has deprived the Muslims, who live outside the Islamic State and who are not her subjects, of the rights enjoyed by the State’s subjects. Muslim extracted in his Sahih on the authority of Sulayman Ibnu Buraydah on that of his father who said: “Whenever the Messenger of Allah (saw) appointed anyone as Amir of an army or an expedition, he would especially exhort him to fear Allah and to be good to the Muslims who were with him. He (saw) would say: “Conquer in the Name of Allah and in the Way of Allah. Fight against those who disbelieve in Allah. Conquer and do not embezzle the spoils; do not break your pledge and do not mutilate the dead bodies. Do not kill the children and if you encountered your enemies who are polytheists, invite them to three courses of action. If they respond to any of these, then accept it from them and withhold yourself from doing them any harm. Invite them to Islam; if they respond to you accept it from them and desist from fighting them. Then invite them to migrate from their household to the household of the Muhajireen and inform them that if they do so, they shall have all the privileges and obligations of the Muhajireen. If they refuse to migrate, tell them that they will have the status of Bedouin Muslims, but they will not get any share from the spoils of war or Fai’ except when they actually perform Jihad with the Muslims…” This Hadith clearly indicates that he who does not migrate to Dar-al-Islam, he will not enjoy the citizenship rights even if he were a Muslim. The Messenger of Allah (saw) invited them to come under the authority of Islam so that they may enjoy what the Muslims enjoyed and undertake the obligations which the Muslims undertook, for he (saw) said: “Then invite them to migrate from their household to the household of the Muhajireen and inform them that if they do so, they shall have all the privileges and obligations of the Muhajireen.” This is a Shari'ah text stipulating that they should migrate to Dar-al-Islam in order to enjoy the same rights and fulfil the same obligations which apply to us, i.e. in order to be governed by the rules. Therefore, the Muslim who lives in Dar-al-Harb is not subjected to the rules; thus, he will not be granted the right of citizenship, for this can only be acquired by the individual if he moves to Dar-al-Islam, and he will be deprived of this right if he lived in other than Dar-al-Islam. The rules are also implemented upon the Thimmi who lives in Dar-al-Islam and he will be granted the right of citizenship because he has chosen to settle in Dar-al-Islam.
The individual’s residence in Dar-al-Islam or in Dar-al-Kufr is referred to as fellowship. Hence, a person’s fellowship means the household which he chooses as his residence; is it Dar-al-Islam or Dar-al-Kufr? if it were Dar-al-Islam, then the rules of Dar-al-Islam would be implemented upon it, and in this case a person would be a holder of an Islamic fellowship. If it were Dar-al-Kufr the rules of Dar-al-Kufr would apply upon it, and the person living there would not be considered as holder of an Islamic fellowship. Therefore, he who takes up Dar-al-Islam as his residence, he will be holding the Islamic fellowship, whether he is a Muslim or a non Muslim.
It is forbidden to discriminate in any way between those who hold the Islamic fellowship, due to the generality of the evidences pertaining the ruling and judicial matters and management of affairs. Allah (swt) says: [4-58] “And if you judge between people that you judge with justice…” This is a general address that applies to all people, Muslims and non Muslims alike. Furthermore, the Messenger of Allah (saw) said: “The evidence must be submitted by the plaintiff and the oath must be delivered by the defendant who denies the charge.” This is also general and it applies to Muslims and non Muslims alike. Abu Dawood reported on the authority of Abdullah Ibn Zubayr who said: “The Messenger of Allah (saw) has decreed that the two disputing parties should both sit before the judge.” This is also general and it includes any two disputing parties, Muslims and non Muslims alike. In the narration of Bukhari, it was reported that Abdullah Ibnu Omar said: “I heard the Messenger of Allah (saw) say: “You are all guardians, and each one of you is responsible for his guardianship. The Imam is a guardian and he is responsible for his subjects.” The term “subjects” is general and it includes all the subjects, Muslims and non Muslims alike. Likewise, all the general evidences related to citizenship indicate that it is forbidden to discriminate between the Muslim and the non Muslim, or between the Arab and the non Arab, or between the white and the black. All the people who hold the Islamic fellowship should rather be treated equally, without any discrimination between them either by the ruler, in terms of looking after their affairs and in terms of protecting their lives, their honour and their wealth, or by the judge in terms of equality and justice.

Article No 7

The State implements the Islamic Shari'ah upon all those who hold the Islamic fellowship, Muslims and non Muslims alike as follows:

1st- All the rules of Islam will be implemented upon the Muslims without any exception.
2nd- The non Muslims will not be interfered with in terms of what they believe and what they worship.
3rd- The rule of apostasy will be implemented upon the apostates from Islam if they themselves were the apostates. As for their children, they will be treated as non Muslims if they are born as such, in accordance with their current status as being either polytheists or people of the book.
4th- The non Muslims will be treated in matters related to foodstuffs and clothing according to their faith and within the scope of what the Shari'ah rules permit.
5th- Matters of marriage and divorce will be settled among the non Muslims according to their faith, and will be settled between them and the Muslims according to the rules of Islam.
6th- The State will implement the rest of the Shari'ah rules and all the Islamic Shari'ah matters, such as transactions, penal codes, testimonies, ruling systems and economics among others, equally upon the Muslims and non the Muslims; the State will also implement the same upon the Covenantors and the asylum seekers and all those under the authority of Islam in the same way it implements them upon the subjects, except for the ambassadors, consuls, envoys and similar, for they will have a diplomatic immunity.

Explanation and evidences:

Truly Islam has come to all people. Allah (swt) says: [34-28] “And We have sent you save as a conveyor of glad tidings and as a warner unto all mankind.” T.M.Q. Just like the Kafir is obligated to abide by the “Usul” (foundations) i.e. the Islamic Aqeedah, he is also obligated to abide by the branches, i.e. the Shari'ah rules. As for the fact that he is obligated to abide by the rules, this is clearly mentioned in the Holy Qur’an; and as for the fact that he is obligated to abide by the branches, this is because Allah (swt) has obligated him with some of the branches, among which are those verses commanding the Kuffar to worship Allah (swt). He (swt) says: [2-21] “O people worship your God who created you and those before you so that you may attain piety.” Allah (swt) also says: [3-97] “Hajj thereto is a duty people owe to Allah for those who can afford the journey.”
In addition to many several verses. Moreover, were the Kuffar not obligated to abide by the branches, Allah (swt) would not warn them against their violation, and the verses warning them against the forsaking of these branches are numerous; some of which are: Allah (swt) says: [41- 6,7] “And woe to the polytheists* Those who do not pay Zakat and they even deny the Hereafter.” T.M.Q. Allah (swt) also says: [25-68] "Those who invoke not with Allah any other god, nor slay such life as Allah made sacred, except for a just cause, nor do they commit fornication; and any that does this meets punishment" T.M.Q. Allah (swt) also says: [75-31] "So he gave nothing in charity, nor did he pray" T.M.Q. Allah (swt) also says: [74-42,43,44] "What led you into Hell-Fire* They will say we were not of those who prayed* Nor were we of those who fed the indigent." T.M.Q. Since the fact stipulating that the Kuffar have been obligated to abide by some of the commands and prohibitions has been established, this indicates that they have been obligated to abide by all the commands and prohibitions. Furthermore, the verses which stipulate the obligation to abide by the branches have come in a general term, and the general term remains as such unless the evidence of specification is mentioned; in this context, no evidence has been mentioned, specifying these verses to the Muslims; thus they remain general. For instance, Allah (swt) says: [2-275] “Allah has permitted trade and forbidden usury.” T.M.Q. Allah (swt) also says: [2-283] ".Then pledge with possession..." T.M.Q. Al-Tirmithi extracted on the authority of Zayd that the Messenger of Allah (saw) said: “He who revives a barren land, it becomes his.” Ibnu Maja extracted on the authority of Abu Hurayra that the Messenger of Allah (saw) said: “There are three utilities which cannot be monopolised: water, pasture and fire.” It was also reported on the authority of Al-Hassan on that od Samura that the Messenger of Allah (saw) said: “The hand is liable for what it has taken until it is given back.” There are many other rules to this effect. This serves as clear evidence that they are obligated to abide by the branches.
Furthermore, the obligation to abide by the foundation is in itself an obligation to abide by the branch; for the obligation to abide by the Salat entails the obligation to abide by the prostration, the recitation, the standing and so on. The Kafir is obligated to abide by the foundation, thus he is obligated to abide by the branch. As for the non acceptance of some branches from them such as Salat and fasting for instance, this is because their condition is the embracing of Islam; thus they would not be accepted of them until the condition is fulfilled. However, this does not mean that it is not obligatory upon them. As for the fact that they are not commanded to perform certain branches such as Jihad for instance, despite the fact their performance does not necessitate embracing Islam, i.e. it has not been made a condition, this is because Jihad is fighting the Kuffar for their Kufr, and the Thimmi is Kafir, thus it is inconceivable for him to fight the Kuffar for their Kufr; otherwise it would be permitted for him to fight himself. Therefore, he is not obligated to perform Jihad. However, if he accepts to fight a Kafir other than himself, it will be accepted of him, but he will not be forced into it, and this does not mean that he is not commanded by Allah (swt) to perform it. This is as far as them being obligated to abide by the rules of Islam is concerned. As for the fact that the ruler should implement all the rules of Islam upon them, this is reflected in Allah (swt) saying: [5-48] “So judge between them by what Allah has revealed and do not follow their desires away from the Truth.” T.M.Q. Allah (swt) also says: [5-49] “And judge between them by what Allah has revealed and do not follow their desires, and beware of them lest they seduce you from some of what Allah revealed to you. If they turn away, be sure that Allah’s purpose is to punish them for some of their crimes; and truly most men are rebellious.” T.M.Q.
Allah (swt) also says: [4-105] “We have revealed the Book to you with the Truth, so that you may judge between people by what Allah has shown you, and do not be an advocate for those who betray their trust.” T.M.Q. This is a general address that includes Muslims and non Muslims alike, because the word “people” is general: “So that you may judge between people…” As for His saying (swt) [5-42] “They are fond of listening to falsehood and devouring anything forbidden. If they do come to you, either judge between them or decline to interfere.” T.M.Q. This means that if one were to come to the Islamic State from abroad, seeking the arbitration of the Muslims, in a dispute with another Kafir or other Kuffar, the Muslims in this case are given the choice of either judge between the disputing parties or decline to do so. The verse was revealed concerning those whom the Messenger of Allah (saw) had made peace with and signed treaties with from among the Jews of Madinah, who were living as tribes and they were considered as other states. They were not under the authority of Islam; they were rather another state. Thus he (saw) had signed treaties with them. However, if they were under the authority of Islam, such as the Thimmi, or if they came as asylum seekers, it would be forbidden to judge between them by other than Islam; and he who refused to refer to the rule of Islam, the ruler would force him and would punish him for it. It is forbidden to conclude an indefinite Thimmah with the Kuffar unless two conditions are fulfilled. That they adhere to paying the Jizyah each year and that they abide by the rules of Islam, which the denotes the acceptance of what is enforced upon them in terms of executing orders and abstaining from committing a prohibition. For Allah (swt) says: [9-29] “ Until they pay the Jizyah with willing submission and feel themselves subdued.” T.M.Q. i.e. until they submit to the rules of Islam. The Messenger of Allah (saw) used to implement the rules of Islam upon them. Muslim extracted in his Sahih on the authority of Ibnu Omar that the Messenger of Allah (saw) stoned to death a Jewish man and a Jewish woman for committing adultery. Bukhari extracted on the authority of Anas Ibnu Malik who said: “A girl came out in Madinah wearing ornaments, so a Jewish man struck her with a stone. She was brought to the Messenger of Allah (saw) while she was still alive, and the Messenger of Allah (saw) asked her: “Did so and so strike you?” Upon this she raised her head. He (saw) asked again: “Did so and so strike you?” She again raised her head denying that. So the Messenger of Allah (saw) asked her a third time: Did so and so strike you?” She lowered her head, agreeing this time. Upon this the Messenger of Allah (saw) summoned him and killed between two stones.” Those Jews were subjects of the Islamic State. Also, the Messenger of Allah (saw) wrote to the people of Najran who were Christians saying: “He who deals in usury from amongst you, he shall be denied the Thimmah.” All this serves as evidence about the obligation to implement all the rules of Islam upon the subjects without any difference between Muslims and non Muslims. It is on this basis that Clause A of the article has been drafted.
As for clause B, the general order pertaining the implementation of all the rules of Islam, mentioned in Allah’s (swt) saying: [5-48] “And Judge between them by what Allah has revealed.” T.M.Q. ; this general rule has been specified by Shari'ah, thus excluding the Aqeedah the embrace, the rules which are to them a matter of faith and the rules pertaining the actions which the Messenger of Allah (saw) has allowed them to perform. The Aqeedah as well as all of these rules have been made an exception by Islam through a host of clear texts. Allah (swt) says:[2 -256] “There is no compulsion in the Deen” T.M.Q. and the Messenger of Allah (saw) said: “He who has embraced Judaism and he who has embraced Christianity, they should not be coerced away from their faith.” Hence, any action, which to them is considered as a matter of faith, we should not interfere with them and we should allow them to practise what they believe, even if this were not in our Deen part of Aqeedah matters. Also any action which the Messenger of Allah (saw) allowed them to perform, such as drinking alcohol, and getting married, we should also not interfere with them in regard to these actions.
As for clause C of this article, Islam has decreed a host of rules pertaining the apostate, one of which is that he should be killed if he does not repent, for the Messenger of Allah (saw) said: “Kill the one who changes his Deen.” In the narration of Bukhari on the authority of Ikrimah who said: “A group of apostates were brought to the Amir of the believers Ali ® so he burnt them; Ibnu Abbas heard of this and said: If I had been him, I would not have burnt them because the Messenger of Allah (saw) has prohibited this by saying: “Do not punish with the punishment of Allah.” I would have killed them because the Messenger of Allah (saw) said: “He who changes his Deen must be killed.”:
Anas reported: “So I came to Omar® who said: O Anas, what happened to the six from Bakr Ibnu Wa’il? So I said: O Amir of the believers, they were killed in the battle. Upon this Omar ® recited Allah’s (swt) saying: “Inna Lillahi Wa Inna Ilayhi Raji’un.” So I said: “Could they have been dealt with by other than death? He said: “Yes, I would have invited them to Islam and had they refused, I would have thrown them in jail.” i.e. until they repented, and if they did not they would be killed. This is so because the apostate would be invited to Islam and all the means of repentance would be exhausted and if he still refused he would then be killed; an apostate should not be killed just for apostatising.
In the narration of Ahmed in his Masnad, on the authority of Abu Burdah, it was reported that Muath Ibnu Jabal joined Abu Moussa in Yemen. When he reached him, he noticed a man who was tied up; so he asked: “What is this.” Abu Moussa replied: “He had been a Jew, he then embraced Islam and then he Judaised again.” Upon this Muath said to him: “By Allah I shall not sit until his neck is struck. So his neck was struck and upon this Muath said: “The Messenger of Allah (saw) has decreed that: “He who revokes his Deen must be killed.” Or he (saw) said: “Kill the one who changes his Deen.”
This is as far as the apostate himself is concerned . As for his children who are born as non Muslims, in other words, if a Muslim were to apostate from Islam, escape capital punishment and continue to embrace the faith to which he apostatised, i.e. continue to be a Christian, or a Jew or a polytheist, and if he were then to have children while retaining this status, thus his children are born as Christians or as Jews or as polytheists, would his children be considered as apostates, and would they be treated as apostates, or would they be considered as being of the faith they had at birth?
The answer to this is that the children of the apostate who are born before their father’s apostasy are considered as Muslims without any doubt; and if they were to follow their father and apostate as well, they would treated as apostates. Whereas if they were born after he had apostatised, from a disbelieving or an apostate wife, these children would considered as Kuffar and not as apostates, thus they would be treated just like the people of the faith they inherited at birth are treated. Hence, every child born after his father’s apostasy from a disbelieving wife or an apostate wife, he or she would be judged as Kafir for he would be born from two disbelieving parents. Therefore, if the two parents became Jews or Christians, i.e. from the people of the book, he would treated as the people of the book would be treated, and if the two parents became polytheists, he would be treated as a polytheist. This is so because Ibnu Mas’ud reported that when the Messenger of Allah (saw) wanted to execute Uqbah Ibnu Abi Mu’it, the latter said: “What with the children?” He (saw) said: “Hell fire.” In another narration : “Hell fire to them and to their father.” Abu Dawood reported on the authority of Amru Ibnu Murrah on that of Ibrahim who said: “Al-Dhahhak Ibnu Qays wanted to appoint Masruq as Amil (governor), so Umarah Ibnu Uqbah said to him: “Do you want to appoint a man whose father was among the killers of Uthman?” Upon this Masruq said to him: “ Abdullah Ibnu Mas’ud, whose report is to us trustworthy, told us that when the Messenger of Allah (saw) wanted to execute your father who said: “What happens to the children?”, He (saw) said to him: “Hell fire.” Therefore, I have accepted for you the predicament that which the Messenger of Allah (saw) had accepted for you.” It was also authenticated in Sahih Bukahri, in the section of The people of the Household, in the book of Jihad, on the authority of Ubaydullah on that of Ibnu Abbas on that of Al-Sa’ab Ibnu Jathama ® who said: “The Messenger of Allah (saw) passed by Al-Abwa’ or by Waddan and he (saw) was asked about the people of the Household who used to be raided by the polytheists and take their women and children; he said: They are of them.” Therefore, every child born to two disbelieving parents is considered a Kafir and the rule pertaining Kuffar applies to him.
Hence, those who apostatised from Islam and became non Islamic sects, such as the Druze, the Bahai’, the Qadiani and the like, they are not treated as apostates because they are not so; thus they are judged as Kuffar and will be treated as such. Also, since they have not apostatised to a faith from among the people of the book, i.e. they have not apostatised to Christianity or to Judaism, they will be therefore treated as polytheists. Hence, their slaughtered meat will not be eaten and their women will not be wedded. This is so because the Messenger of Allah (saw) said about the Magi of Hajar: “Treat them like the people of the book, but do not eat their slaughtered meat and do not wed their women.” Imam Malik reported in Al-Muwatta’ on the authority of Ja’afar Ibnu Ali on that of his father that Omar Ibnul-Khattab ® mentioned the Magi and said: “I do not know how to deal with them.” Upon this Abdul-Rahman Ibn Auf said: “I bear witness that I heard the Messenger of Allah (saw) say: “Treat them as you treat the people of the book.”
As for those who apostatised from Islam and became Christians, as is the case in Lebanon with the family of Shihab, this family’s forefathers were Muslims and they apostatised to Christianity, and their children were born as Christians, these people and their like will be treated as people of the book.
As for clauses D and E, their evidence is derived from the fact that the Messenger of Allah (saw) allowed the Jews and the Christians to drink alcohol and accepted their marriages and divorces proceedings; thus his acceptance (saw) serves as a specification of the general rule. However, the approval of the Messenger of Allah (saw) with regard to the Kuffar’s marriage is given only when the two spouses are Kuffar; but if the husband were Muslim, and if the wife were either Christian or Jewish, the rules of Shari'ah would then be applied upon both of them. It is not feasible for the wife to be Muslim and the husband to be Kafir, for this is unlawful. Allah (swt) says: [60-10] “Then do not send them back to the Kuffar, they are not lawful wives for them nor are the Kuffar lawful husbands for them.” T.M.Q.
Therefore, it is forbidden for a Muslim woman to marry a non-Muslim, and if she did, her marriage would be unlawful.
As for clause F, the evidence pertaining the implementation of all the rules of Islam is derived from the fact that the Kafir is obligated to abide by the foundations and the branches, thus he is commanded to submit to all the rules of Islam. This is general, and it includes the Thimmi and the non Thimmi from among those who live under the authority of Islam. Hence, all the Kuffar who enter Dar-al-Islam must be subjected to the rules of Islam, apart from the Aqeedah matters and the rules related to Aqeedah matters, as well as any action which the Messenger of Allah (saw) allowed them, whether these Kuffar were Thimmi, covenantors or asylum seeker, (i.e. refugees).
The ambassadors and their likes are excluded from this and the rules of Islam would not be implemented upon them, for they would be given diplomatic immunity. This is so because Ahmed reported on the authority of Abu Wa’il who said: “Abdullah said when Ibnul Nawwaha was killed: “This one and Ibnu Uthal had once come to the Messenger of Allah (saw) as envoys of Musaylima the liar and the Messenger of Allah (saw) said to them: “Do you bear witness that I am the Messenger of Allah?” They said: “We bear witness that Musaylima is the Messenger of Allah.” Upon this the Messenger of Allah (saw): “If I were to kill an envoy I would strike your necks.” Since then, a tradition has been established stipulating that the envoy does not get killed. As for Ibnu Uthal, Allah (swt) has taken care of him, as for this one he remained immune until Allah enabled us to slay him now.” This Hadith indicates that it is forbidden to kill the envoys who are dispatched by the Kuffar, and likewise all the other rules. However, this is exclusively applicable upon those who have the capacity of an envoy, such as the ambassador and the “ChargĂ© d'affaires” and the like. As for those upon whom the capacity of an envoy does not apply, such as the Consul and the Commercial AttachĂ© and the like, they would not have any immunity, for they do not have the capacity of an envoy. This matter should be referred to the convention, because it is a terminological expression whose reality should be perceived by way of looking into the convention, and it is part of establishing the Manat (reality) i.e. establishing whether they fit the description of envoys or not.

2 comments:

What is the truth? said...

What do you mean when you say that the children of apostates(after their apostasy) will be considered as Kaafirs and the ruling of apostasy will not be applied to them? Does it mean that they will live peacefully in the Khilafah state while distorting Islam i.e holding the belief that there is a prophet after Muhammad(saws) like Qadianis?

ArkAn udDin YaSin said...

May Allah (SWT) reward you for this effort Ikhwan. A truly rich resource Sh. Abu Ishmael.
Jzk!
ArkAn