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The Rights of Non-Muslims in Islam (part 12 of 13): Social Security
 
Description: Poor and needy non-Muslims have the right to social security under
Islamic Law.  Examples from history where non-Muslims were provided from the
public treasury.

 
Modern welfare states provide social benefits to their poor citizens, but Islam
preceded all nations in establishing social security services.  Islamic law set
up financial provisions for needy Muslims through zakah (obligatory charity) and
sadaqa (voluntary charity).  Zakah was made obligatory on wealthy Muslims to
take care of the poor, whereas sadaqa was left on individual discretion to help
the needy.  Social security provided by Islam includes non-Muslims as well. 
Islamic Law requires the state to provide for its citizens with disabilities –
Muslim or non-Muslim - that prevent them from employment.  They are provided
for by the public treasury and the ruler is negligent if he does not do so. 
Many instances of Muslims providing social security to the non-Muslim citizens
are recorded in history.  Umar ibn al-Khattab the second caliph of Islam, once
passed by a old, blind man begging in front of a house.  Umar asked him which
religious
  community he belonged to.  The man said he was Jewish.  Umar then asked him,
‘What has brought you to this?’ The old man said, ‘Do not ask me; ask
…poverty, and old age.’  Umar took the man to his own home, helped him from
his personal money, and then ordered the head of the treasury, ‘You must look
after this man and others like him.  We have not treated him fairly.  He
should not have spent the best years of his life among us to find misery in his
old age.’  Umar also relieved him and others in his situation of paying the
jizya.[1]
 
Another example is found in Khalid ibn al-Walid’s letter to the people of the
Iraqi city of Hira.  It contains the terms of truce he offered them:
‘If God gives us victory, the people of the covenant will be protected.  They
have rights promised to them by God.  It is the strictest covenant God has made
incumbent on any of His prophets.  They are also held by the duties that it
places upon them and must not violate it.  If they are conquered, they will
live comfortably with everything due to them.  I am commanded to exempt from
jizya the elderly who cannot work, the disabled, or the poor who receive charity
from their own community.  The treasury will provide for them and their
dependants as long as they live in Muslim lands or in the communities of Muslim
emigrants.  If they move outside of Muslim lands, neither they nor their
dependants shall be entitled to any benefits.’[2]
 
In another instance, Umar ibn al-Khattab, the Muslim Caliph, was visiting
Damascus.  He passed by a group of Christian lepers.  He ordered that they be
given charity and regular stipends for food.[3]
Umar ibn Abdul-Aziz, another Muslim Caliph, wrote to his agent in Basra, Iraq,
‘Search for the people of the covenant in your area who may have grown old,
and are unable to earn, and provide them with regular stipends from the treasury
to take care of their needs.’[4]
 
Some of the early Muslims[5]  used to distribute part of their post-Ramadan
charity (zakat ul-fitr) to Christian monks, based on their understanding of the
verse of Quran:
“God does not forbid you from those who do not fight you because of religion
and do not expel you from your homes – from dealing kindly and justly with
them.  Indeed, God loves those who act justly.  God only forbids you from
those who fight you because of religion and expel you from your homes and aid in
your expulsion – (forbids) that you make allies of them.  And whoever makes
allies of them, then it is those who are the wrongdoers.”(Quran 60:8-9)
 
Finally, there are other rights that we have not discussed here, because of the
assumption that they are elementary and taken for granted, such as the right to
work, housing, transportation, education, and so forth.[6]  However, before
concluding, I would like to make the following observation.  Our discussion has
clarified how non-Muslims living in Muslim countries enjoy rights that they
might not be granted in non-Muslim countries.  Some readers may respond with
the objection that these rights might have existed in history, but the
experience of non-Muslims living in Muslim countries today is different.  The
author’s personal observation is that non-Muslims still enjoy many of these
same rights today, perhaps even more.  Allah Almighty has commanded us to be
truthful, in the verse:
“O you who believe!  Stand out firmly for justice, as witnesses to Allah,
even though it be against yourselves, or your parents, or your kin, be he rich
or poor, God is a Better Protector to both (than you).  So follow not the lusts
(of your hearts), lest you avoid justice; and if you distort your witness or
refuse to give it, verily, Allah is Ever Well-Acquainted with what you
do.”(Quran 4:135)
 
Further, when we compare the conditions of non-Muslims living in Muslim
countries to the status of Muslim minorities living in non-Muslim countries,
whether now or in history, we see a profound difference.  What happened to
Muslims during the Crusades, under the Spanish Inquisition, in Communist China,
or the Soviet Union? What is happening to them today in the Balkans, Russia,
Palestine, and India? It would be worthwhile to reflect in order to give an
answer based on fairness and declaration of truth and justice.  Allah is the
best of Judges, and He states:
“O you who believe!  Stand out firmly for God as just witnesses; and let not
the enmity hatred of others make you avoid justice.  Be just: that is nearer to
piety; and fear God.  Verily, God is Well-Acquainted with what you do.”(Quran
5:8)




Footnotes:

[1] Abu Yusuf, Kitab al-Kharaj, p. 136

[2] Abu Yusuf, Kitab al-Kharaj, p. 155-156

[3] Qaradawi, Yusuf, ‘Ghayr al-Muslimeen fil-Mujtama’ al-Islami,’ p. 17

[4] Abu Ubayd, al-Amwaal, p. 805

[5] Sarkhasi, ‘al-Mabsut,’ vol 2, p. 202
   Jassas, ‘al-Ahkam ul-Quran,’ vol. 3, p. 215

[6] Public Regulations Relevant to non-Muslims, p. 43-58.




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The Rights of Non-Muslims in Islam (part 11 of 13): Good Treatment
 
The Quran instructs Muslims to treat non-Muslims courteously in a spirit of
kindness and generosity, given they are not hostile towards Muslims.  God says:
 
“God does not forbid you from those who do not fight you because of religion
and do not expel you from your homes – from dealing kindly and justly with
them.  Indeed, God loves those who act justly.  God only forbids you from
those who fight you because of religion and expel you from your homes and aid in
your expulsion – (forbids) that you make allies of them.  And whoever makes
allies of them, then it is those who are the wrongdoers.” (Quran 60:8-9)
 
Al-Qarafi, a classical Muslim scholar, describes the depth of the meaning of
“dealing kindly” referred to in the above verse.  He explains the term:
‘…gentleness towards the weak, providing clothing to cover them, and soft
speech.  This must be done with affection and mercy, not by intimidation or
degradation.  Furthermore, tolerating the fact that they may be bothersome
neighbors whom you could force to move, but you do not out of kindness towards
them, not out of fear or financial reasons.  Also, praying they receive
guidance and [thus] join the ranks of the blessed with external reward, advising
them in all wordily and spiritual matters, protecting their reputation if they
are exposed to slander, and defending their property, families, rights, and
concerns.  Assisting them against oppression and getting them their
rights.’[1]
 
Divine commandments to treat non-Muslims in this manner were taken seriously by
Muslims.  They were not just verses to be recited, but Divine Will to be acted
upon.  The Prophet, may the mercy and blessings of God be upon him, himself was
the first person to put the divine commands into practice, followed by his
caliphs and the general population of believers.  The life-story of the Prophet
of Islam gives many instances of his kind, tolerant co-existence with
non-Muslims.  Some of his neighbors were non-Muslims and the Prophet would be
generous towards them and exchange gifts.  The Prophet of Islam would visit
them when they fell sick and do business with them.  There was a Jewish family
he regularly gave charity to and the Muslims after his death maintained his
charity towards them.[2]
 
When a Christian delegation from Ethiopian churches came to Medina, the Prophet
opened up his mosque for them to stay in, hosted them generously, and personally
served them meals.  He said:
“They were generous to our companions, so I wish to be generous to them in
person…”
 
…referring to the event when they provided asylum to a number of his
companions after they fled persecution in Arabia and took asylum in
Abyssinia.[3]  In another instance, a Jewish man named Zayd bin Sana came to
the Prophet of Islam to reclaim a debt.  He grabbed the Prophet by his robe and
cloak, pulled the Prophet close to his face, and said, ‘Muhammad, are you not
going to give me my due?  You and your clan Banu Muttalib never pay debts on
time!’  Umar, one of the companions of the Prophet, got agitated and said,
‘Enemy of God, am I really hearing what you just said to God’s Prophet.  I
swear by the One who sent him with truth, if I were not afraid that he would
blame me, I would have taken my sword and cut your head off!’  The Prophet
looked calmly at Umar and censured him gently:
“Umar, that is not what we needed to hear from you.  You should have
counseled me to pay my debts in time and asked him to seek repayment in a
respectful manner.  Now take him, repay him his debt from my money and give him
an extra twenty measures of date.”
The Jewish man was so pleasantly surprised by the Prophet’s behavior that he
immediately declared his acceptance of Islam![4]
 
The companions of Prophet Muhammad followed his example in how they treated
non-Muslims.  Umar set-up a permanent stipend for the Jewish family the Prophet
used to take care of in his lifetime.[5]
 
 He found justification for allotting funds for the People of the Scripture in
the following verse of the Quran:
“Alms are only for the poor and for the needy and for those employed to
collect (the funds) and for bringing hearts together, and for freeing captives
(or slaves) and for those in debt and for the cause of God, and for the
(stranded) traveler – an obligation (imposed) by God.  And God is Knowing and
Wise.” (Quran 9:60)
 
Abdullah ibn ‘Amr, a famous companion of the Prophet Muhammad, would regularly
give charity to his neighbors.  He would send his servant to take portions of
meat on religious occasions to his Jewish neighbor.  The surprised servant
asked about Abdullah’s concern for his Jewish neighbor.  Abdullah told him
the saying of Prophet Muhammad:
“The angel Gabriel was so adamant in reminding me to be charitable with my
neighbor that I thought he might make him my heir.”[6]
 
Turning to the pages of history, we find a marvelous example of how a Muslim
ruler expected his governors to treat the Jewish populace.  The Sultan of
Morocco, Muhammad ibn Abdullah, issued an edict on February 5th, 1864 CE:
‘To our civil servants and agents who perform their duties as authorized
representatives in our territories, we issue the following edict:
‘They must deal with the Jewish residents of our territories according to the
absolute standard of justice established by God.  The Jews must be dealt with
by the law on an equal basis with others so that none suffers the least
injustice, oppression, or abuse.  Nobody from their own community or outside
shall be permitted to commit any offense against them or their property.  Their
artisans and craftsmen may not be scripted into service against their will, and
must be paid full wages for serving the state.  Any oppression will cause the
oppressor to be in darkness on Judgment Day and we will not approve of any such
wrongdoing.  Everyone is equal in the sight of our law, and we will punish
anyone who wrongs or commits aggression against the Jews with divine aid.  This
order which we have stated here is the same law that has always been known,
established, and stated.  We have issued this edict simply to affirm and warn
anyone who may wish to
  wrong them, so the Jews may have a greater sense of security and those
intending harm may be deterred by greater sense of fear.’[7]
 
Renault is one of the unbiased Western historians who has acknowledged the kind
and fair treatment of Muslims towards the non-Muslim minorities.  He comments:
‘The Muslims in the cities of Islamic Spain treated the non-Muslims in the
best possible way.  In return, the non-Muslims showed respect to the
sensibilities of the Muslims and would circumcise their own children and refrain
from eating pork.’[8]




Footnotes:

[1] Al-Qarafi, ‘al-Furooq,’ vol 3, p. 15

[2] Abu Ubayd, al-Amwaal, p. 613

[3] Ibn Hamdun, ‘at-Tazkira al-Hamduniyya,’ vol. 2, p. 95
    Siba’i, Mustafa, ‘Min Rawai Hadaratina,’ p. 134

[4] Ibn Kathir, ‘al-Bidaya wal-Nihaya,’ vol 2, p. 310

[5] Abu Yusuf, Kitab al-Kharaj, p. 86

[6] Saheeh Al-Bukhari

[7] Qaradawi, Yusuf, ‘al-Aqaliyyat ad-Diniyya wa-Hal al-Islami,’ p. 58-59

[8] Quoted by Siba’i, Mustafa, ‘Min Rawai Hadaratina,’ p. 147




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