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MINORITY
RIGHTS
Islamic Jurisprudence
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M inority Rights
Author: A.6. Amid Zanjani
Publisher: International Publishing Co.
P.0.Box: 141 55/6319
Tehran, Islamic Republic of Iran
Print: 1st edition 1997/l 418
All Rights Reserved
ISBN: 964-304-060-7
l\'1i11ul'icy Hii:,hts
Table of Contents
Page
1i-no0UC110NT0 THE nuRo Eomoi; .... ............... .................. 1
..
1101
dcOned
. I3
... 13
Dcli:r1c~lc:,~ Alic:11s .................................................. I J
Aliens 1'n 1J1c R8cis} and Relr~iOu$ Go1-em11u:11ls ... .... .. ...... ............. I 5
The Aliens in the ErA 0J"Gova111r11e'nt 1111d l11111................... .............. 21
lntcmation11J Problc1ns ofthe Minorities ................ ~................ 13
... 26
Acce.1,111ncr.."" of tht: Al1t.-"11; ............ ........... ........... .. .. ........ ...... ............ :!7
33
MtNORIT/E:S PJJ7'F:r71![ ) UJ IJl l; lTE:IW.. A (j/l}'f:.lfEN?'S...... ' ' .. .... .. .. ...... ' .. 33
GonemJitic; ........... ............ ............. .......... ....... ............... ... .. ......... ....
Comeotional Cidzcmh1p...................................... ..........................
Two Fundamental Points................................................................ ,.
71ic 011/y Leg./ Soured ..... .. .... ................. ............... .. ............ ...........
nu>R ole othcc Will in Lcgallef.tt1d1s: ..........................................
The Nturo oft/JC Ape~ment and its Effet:tf<:........ .......................
The Worth oftlx: Ag1'Cf1m<nts in Is!.m: ..........................................
33
J.5
J7
./I
./5
./6
JS
52
ii
Minority Rights
.. ........ .... .. 65
69
69
93
IOI
1(N
I05
I 09
113
iii
t\'!lnority
Right~
Unilnrernl Defenc< 'fh,11(y.......... ...... ........ .. .... ........ . ... ..... ... 161)
The Totalt in the Qw',ftJ........
.. .. .. .......... ................ ...... ..... 166
U1< Gospel iJ11/Jc Q1u'iln ........... .............. .. .. ................ ~.. .......
169
ln11iDfJ'on Md Propac111ion on 1/1<: Ba.~'1$ ofl~o.gi, ll/1(}
Re11son .. ..... ........... .
.. rn
Free Discu<;sioo ................,. .......... .. ,, .. ,, .......~ ~ .... ...... .... .. .. .. ...... 176
Tbt.: Forbidden Argurne111 ... ........................ ....... ........... ..., ............, J79
Fn:cdom of C/Jifdren ....................... ............... .... .............. .... ..... ... .. 181
FreedOIJJ -0J'Rcligiot1!i Rites and Ce1'Cfl)Onies ... ........ ..................... JIJJ
Minority Righi~
iv
225
:!:!8
)l
233
,111tl Ctuis11:111
138
lr1/u;r111111ct: /.It u....... . .......... ........ ....... ., ........ .......... ,. ... .... ........ ... ]39
1.JJ
Ob$ctvnncc ofSoot! /;'trqulleo'.,, .......... , .......... ....... ...... ......... ... ,, .. 2/.I
F~l'Ollr 11nli Hen~ o/cncc................................- .................. - .. ........ U6
An Jgno11111u"nus S"Janth;:r. .............. .... ............. ................... .... ..... .... 160
'/111.: Quri;n '.\ lagit tJn tlu.: Prin1..1j1/i. o f' Co-upc:ratio11 ..................... 265
Minority IUi:hlS
1. . . . . . . . . . . . . . . . .... . . . . .. . . .. _ , . .. . . .. . . . . . . . . . . . . . . .
18.J
P1;...,-w.,11.1ti<Jn visove1ciGJ1ty 1n
/11tt!1'f11Jtio1111/
300
Ct>11diu'ons uJ' tl1c 11-ibute Ag1ccn1cn1 ...... ....................... ... ...... ...... . JJ./
GLOSSARY-.................. 337
vi
.Minority Rights
R'FER.ENCS............---... 341
Cn111111C11t.tries 011 tile: Qurlln: ............. ............... ........................ .... J4 /
Shiite Jur1spn xkne.: ...................... ............................................. JJ/
Book.< on !he Aynf1 ofPttccpts .... ........... ... ..................... .............. 3./2
JJ2
Sunni ff~d1tb,-
M1S<.' .:l/Rniqus ... ............... ......... ................ ... ................... ... ............. 3JJ
lnlcn11J1ir>r1al Rig ht.< (fs/.vmlc;............ ..........
g;,
Introduction. to the
Third Edition
The question of religious minorities in
the plan for the big house of Islam
iucc tbc rise oflslam and organisalion of lhe Muslims
and !be appearance of the lsla mi<; soci~ljes, groups of
the followers of various religions lived alongside !he
Muslims in Islamic lands wi11Jou1 adopting Isl~m. Th~y preferred to live with 1he Muslims rather than to emigrate or be
converlcd.
Bui with lbe rapid spread of Islam among various oatioos
of !he world, and the ex1raordinary growth of Ille Islamic
ummab and expansion of lhe Llamic l and~, tbe religious mi-
Minority Rights
Minority Rights
The t\VO \Vo1ks: n 1c Gul11ds of' l'cNcc 11ntl Co-exis11111ce " and 77Jc
RiBlusofr/ie Minnrities ''have be-en wrilh;n fvr 1his purpose.
Minority Rights
ryoue:
In ihe Islamic republi.can 01der where, according to the
coustitutiooal law of the country, all. the laws and regulations
should be based oo lbc Islamic laws and principles, and the
position of the leadership of the Revolulion sbould be derived from religious guardianship and jurispnadeoce. No exC\IS~ is acceptable in neglecling inves1iga1ioo iu Ille lcga~
political and economic matters oflslam.
Tb is book of "Rights of Minorities" which bas been out of
stock for many years, is now offered lo 1he readers iu its lhi.rd
ed ition, and it may be considered as the first hu1J1ble step io
perfom:ting that grea1 !ask. As the book was wrillen 1wenly
years ago under the conditions of the taghut regime, many of
irs 1erms and expressions cannot be clear enough iu preseoliog tbe Islamic realities. But the book is based oo jurisprudeniial principles aod the views of rbe greal Islamic jurisprudenls, for the c.ompilation of which the author has spent several years of research and bard work, hoping that it will be
accepted and rewarded (by Allah).
\Vltilc apolagiziog for all rbc defects 1b~t Ibis book may
have, l invite all. rhc lslamic rbiukers and scholars in whose
heans the eternal flame of [slam is kindled aod rbiuk about
the future of Islam and Jsla1J1ic Revolt11iou, to look al this
book, 1101 wirb the eye of iodt1lgence, but with .a critical aniIUde as 1beir duty oeccssitatcs, aod with bener and more e.x planations make. more perfect this bumble step by a deeper
inves1iga1ion and discussion of its legal, J>olirical and economic mailers which the needs of !he time require.
Tllc views of rbe luxam Kbomeirti, expressed in Al- Wassila
Minority Rights
l.
~ /he
/t//le>
d$ IJIJ~.,~"'"4
(>/'' vt!//ah,
~he- .dk-rrf/'J,./
'' ... D
Minority Rights
c~re
and be ever
If you c,onclude an agreement with your .:nemy or uuderlalce an obligation, be faithfill to your pact and carry 0111 your
commitments in foll honesty, and make your life a guarantee
for the protection of yo11r obligatioos, for there is nothing
greater and highc.r tban loyalty lo a p ro mise aud agreemcnl
amoog hioding mauers of Allah about which there exists
unanimity. zeal and interest inspite of all the differences in
people's desires and views ...
J)o nol seek excuses. in your agreement, and do n01 allow
any treasc;m, plottor c.tLnning 10 enter your promise ancl pac.t.
Do uot miskad your coemy by deceit and slyness. Uudoub1edly ooly iguorau1 and miserable people show disobedience
to Allal1...
Allah has made prnmise and agcee1.11ent Ille means of securily and ba.~ granted ii lo 1he people because of his Favour
and Merey. He bas made ii a sanctuary in lhc sheller of
which they may live in c.asc aud tranq11ility, and with lhc aid
of which they may gain many benefits.
Therefore, uo fraud. deceit, 1emplatio n, doubt o r treason is
pe1missibk Never conclude a pact in which then~ is rnisin1crpNta1iou and aherration. a:nd afler co11cluding ii li rlnly au<l
giving your 11ssuraucc, do uot resor1 to 1nul1i-sidecl arguments.
The diflicu lly of lhe task in o bscrvi.ug Allah's pact shou ld
not lead you w <lemaud ils abrogation unjust ly; for, you fortitude in bearing the difficulties aud hardships which you hope
to have a good cud, i~ better than lbe slyness aud cunning Ille
Minority Righ!S
I
j
l
'
Chapter One
I
Chapter One
.J
1
J
14
Minority
Right~
majority.
lt goes without sayiog that in every country, a rulc.r or a
government follows a special racial or religious or Mtional
aud citizenship policy, aud makes the enjoyment of 1<!al aud
governmental protection conditional upoo the conformity of
th.: individuals with th.: ci tizenship system of tbat cbuntry.
T hi s point is ever truer io the case of past nations and conditions of former centuries where the system of racial and religious policy was carried out more violeully and faoatically by
their govcmmenls.
In most casl!S the execution of the policy n:sulled iu lb<!
privAtion or th<: .b'Toups which did not fall under that system,
and many difliculties and restrictions were oll<:o placed upon
them. They were treated unkindly or cvco cru.::lly by th.:: ruling ch1ss aod by th.: majority. and wer.: in some cases tortured most savagely. Conse4uen1ly tbc question or minoriti.:s
and the protection of their legitimate rights bavc, for long in
the polit ical history of tbc world. taken the form of an ioteroa11onal problem 10 be considered aud investigated.
Minority Rights
15
~I'
I-
:Ji'
16
Minorily Righl5
2.
T he peri(ld of the rule of lbc law (after the establishment of the UNO).
lo the countri<!S uuder racial or religious governments, aliens usually bad, au uu fort uua te position ~xccpl in rare cases,
and lucy were uul o nl y deprived of the sources and rights of
the o flicial r~ce and rdigion or the country, but they wo:r.:
also treated badly hy both the govemrncut and the people,
aud owi ng 10 this 1rca1n1cu1 lbi:rc often occurred incidents
which Jed 10 group 1onures, massacres aod tragic scenes.
J;:wisb governments, which before Christ wen: lbc most
JJowcrful aud th<:! oldest govemmt:nl oftbe 1i111c, owing lo the
special band bc1ween race and religion iu the Jewish faith
which bad given it an acute form, usually follow.:d a harsh
rncial and religious po licy and treated oon-fowisb gro ups as
animals 10 be used by tbc seh:cl jewish race.
T he Jewish government, which was chosen by the Jewish
11a1io n, and , li>r lltis 1c11.~on cou ld not adopt 1bc 1hcory of a
government formed of various rncial and religious groups, o r
th<! formalion of a world govemmcot for its goal, had but 10
adopt oue of the two following plans in relation 10 its policy
towards the extensive oun-jewis h masses:
Minority !lights
17
I)
18
Minority Rights
The Jews were massacred several times during the Christian govenimenl~ of the Roman Empire or banished in groups
from the Roman realms. Ou one occasion Cyrus, king of
1ran, g ranted asylum t<> tens of thousands of exciled and
homdess Jews. Io the 16th century A.D. the Muslim Ottoman governtn e1Jt received thousaods uf Jews who bad been
cn1elly driveu out of Spain and Port.uagal aod allowed thew
to selllc in the Islamic lands.
ill many Christian countries, tbc .Jews were deprived of all
civil rights and were not even allowed to keep slaves which
was free and common in lhos<! times.
Io this c.o nuection the Encyclopedia Britalluica, writes:
..The whole of western Europ.e was closed to the Jews in the
I 61h ceurnry, and 01Jly iu a pal'I of uoribern 11aly aud a small
parl of France and Germany were they allowed some freedom.''
Iu 1648 a law was passed in the British parliament condemning lo dealb a3yone who expressed an opioiou contrary
10 the principle. or trinity, and in 1688 the same parliament
decla red Pro1 cstautism as the official religion or the country,
aud stipulakd lbat no Catboli~ bad Ille right to perform bis
religious rites in the Aritish realm.
In Prance, uu1il the end of the 17th century in accordant.:
with special regula1ious eo~ctcd by Catholic governmeuis,
protestants were placed under severe restrictions. They were
no! even free to bu1y their dead except at special times, and
uo more than thirty people were allowed to escort the fuucral,
and oo more than twelve people could attend a weddiug or a
haptism.
In C hri stiau governments 1he subject of 1be eliens bad
I
I
Minority Righls
19
Ibid.
20
Minority
Right~
or
I hut., p. 2)5.
Minority Rights
21
I
I
'
l1
1.
Ar.tic.I.. I:
The governments should grant the particular rights to their
alien citizens which are necessary for each individual to continue his Ii fe.
Article Il:
The governments should recognise the acquired rights
I
Ibid., P 80.
Ibid., p . 8-081.
,.
2'2
Minority Rights
Art,iclc lll:.
TI1..: governments should observe rigbts for the alicus rcquisik for rcspec1ing 1bc personality of tbe individuals, including personal freedom, freedom of dwelling aud movcm.:nt.
J\ rticle
rv:
V:
Ibid.
Minority Righ ts
23
24
Minority llig.'lts
Minority Rights
25
I
I
26
Minority Rights
or are in favour of a policy, no voice is raised in a loudspeaker to condemn or blame them. On the contrary, they are
even confirmed and supported.
Minority Rights
world.
27
In later discussions we will deal with the system of 1be Islamic laws concerning the solution of this problem wiibout
noticing the smallest blind-alley in them.
First view:
Absolute freedom of accepting the aliens. The su11porters
of this view declare that the governments cannot at wi ll prevent the entra.nce and residenc~ of foreign nationals or limit
this right. Vittoria, a learned spanish jurist, says: "If we refer
to the history of the human heiugs, we SC1! that everything
was held in common between people al first, and there existed no limitation for individuals, and every person could
freely move about withoul aoy check, and later on, when
land and property changed from being communal into priva.te
ownership, there arose no need for cbeckiog peopk 's movement on the basis of1his cbange."2
S.ec!;mul..v.fow;
Limitation .in admitting the aliens. T he. upholders of this
view believe tbat the governments have absolute freedom in
drawing up regulatipns cooceroiog the euhy and .residence of
the alien.s in their territories. According to ibis view, if no
t
Respec1ed re.adc:rs. for further dctai1s in this respect 1na_x refer ro 1he
book "/slam.and l111cn1.11ionnl RiiJ/J1s ; under 1he tirle '' Is 1nHn capable of
fhdng la,v?"
..F!uquq-e 8Ayr1il Mi/HJ';. pp. 48-99.
Minority Rights
21)
or
cuse.
I
Ibid.
Ibid.
Minority Rights
29
This is tbc meaning of the law and the rights in the century
of progress, the era of the space and lhe travel to 1be moon.
Now we must see what the Islamic law hits offered to the
human society fourteen ceotuEies ago, and what plans and
just solutions did it present !pr those international problems.
.Chapter Two
Generalities
Minorities protected by bi-Lr1te.ral
agree.nunls
Chapter Two
Generalities
Minorities protected by bi-lateral
agree171ents
Generalities
Confederate allies
"Minorities" in the Islamic
Jttrisprudcncc
34
Minoril)' Rights
kgal meaning and Islam's vi<:w o f cili zenship.1 In lh~ Islamic un iversal law Md ideology, lb~ <1u.:s1 io n of cilix.cnship
and na1ionali1y docs uot depcod on blood, language, lc rritory
nor other material faclors. 11 is an oplional ma11cr related 10
the vie w and atlihJ\k of ihe individuals who form the Isla mic
society.
Every iudi vichrnl who hdi cve.~ in lhc Is lamic faith is con side red a member of 1he lslamic Soci ety r.::gardkss of his
race, language, rc;;idcocc, bisiorical backgn1und o r fomily.
True un ity in the societ y aod amoog vario us human groups
a:s scco by the Islamic law, can be realized only lhrough 1hc
unity of tho ught, will powe r and inte llo:!ctual inclinatio ns. For
1his reason au Islamic society or oaliou consis ts of di fl<:rcu l
g roups whid1, vn lhc basis o f a singk vie w and bdicf, have
adopted a common, lrnrmonious li fo a nd a si ngle law lo
regulate their pri.vatc aud social lives.
In this way, in the Islamic brotho.:rhood, o.:ac b individual
after voluntary acceplance of the covenant (faith) formally
beco mes a uicuibe( of 1bc organised Islamic society and ass umes its c iliz..:as hip, aod all acquire o:qual rcspons ibilities
and rights bdh rc lhe law in which h e hc lic.v cs. Privilegcs and
ot ho:r material d ilforeuccs disappear. Rich and poor, big and
s mall, black and wlute, red and yellow, ./\Jyan and Sc01i1c,
Arah and 11011-Arah, /\sia1ic ;ind European. Ame rican and
African all become l>rtilhers and responsihk m~mh..:rs oi' tho:
lsla mic socicly.1
1
Cbaptc:.r
'['\,o,
' "nle noble Prophcc o f lsla111 ~tn.:ss..:d upon rhi:\ fflcl in hi:s hisLoricnl
spi;..:ch J11s r:a n;\\i;ll Pil[;rlroage. He sA icl: "O p~opl~. your Lotd is One~
and your l'it1h~r is one . .+\IJ of yuu an: 1'ro1n J\d;11H, ;111d Adan1 i~ ( nuHI~)
Minority Rights
35
Convcnt.ional Citizenship
lo tbc Islamic society uoo-Musli.ms, too.. under certain
condiiioos, cao 1akc part, aud formally join t.bo;: Muslims and
by means o f a bi-lMeral ag:r ccmcnt with !hem Ibey b~co.m.,
united to fonn a single Ummah.
of dust. The 1110s' honoured of you in the -sigh1 of A.Jlah i:-. 1ht: 1uos.1 pious
of you. There is 110 supel'iol'hy fo((t Hn AJ'~1b over H nooAn1b, an<l lhr nll
oon../uab o ve 1 an An1b.. nor f<>r ~ Tt'tJ 1.)V.:r fl \vh1I...:, nc>r C
br ~ '"hih.~ 1,.lv..;r a
rc<l, except accul'dlng to hi:.-.: piccy. I "'''t: J <li:livl:-n::d {th.: n'\!S:.<tgi:)'! ()
1\ llali, be ,,,.i,n~:;sl { .et rhe prcsen1 inforni 1hc Hb:ten1 :
When A1ninJ) Mu'ninin (A.S.} \\as dividing th..: spo ils :unong lh~
l'v1usli1ns, ao Mb obj~c.t~d ,..,b~n he Sl'l\\ his share sin1il:~r to 1hal of n
nonArilb. rhe lsnii1u St1id: "I sec no merit in 1his spoil Jbr the children of
ls111ael over others.
(a.s.) stao<ls for '<1/1J.v!Jis-s.'t!.tn1{i.e. pcRcc be upon hiln).
1
..
"
36
Minority Rights
This kind of cirizcnship which is acquired through a bilateral convenlion is called Dbimma in the terminology of
Islamic jurisprudence, and the person coucludi.ng such an
agreement with the Muslims is called a 'Dhimmi '.
Iii such agreements Jews, Christians aud Magians (fireworsbippcrs) can participate, and after signing the agreement
rhey become meu1bers of rbe great Islamic society and arc
regarded among rbe lslamic conveutiooal ci1izcas, and as
Dhimmis, Ibey enjoy all tbe righrs, freedoms and security
through-our the lslamic realm. as granted to them iu accordance with the agreement they had accepted and s_igned.
A ckar example of this type of agreement was the national
uni1y agreemeot whicb was signed by the Prophet and the
Jews in tl1e early days of his migration to a.l-Medinah.
By mcaus of this agreement the Holy prophe t united varjous 1ribcs of al-Medinah and formed a single 11mm1tb consisting of Muslims, Jews and Arabs. It was sripulated in this
agreement that the allies formed a distinct Umm1th in which
the Jews preser_vecl their own creed and the Muslims kept
llleirs, and in case of any difference, 1hey had to refer to Allah and His Prophet (namely the law oflslam). 1
Thus non-Muslims are never considered ali ens and foreigners io <to lslamic realm and govenu:neu1, and 1he word
'ali en' cedes its place in th" Ts lamic law and jurisprudence to
'ally', which is more huniaae and mag11ificeot. As 1be
agreement is voluntarily concluded by both sides, ihe spiril of
unity and barn1ony -and spiritual bo nd wli ich have !heir
~ource in option and will power, spreads a shadow of kindness, justice and co-operation over the relations of the Muslims wilh their allies.
' Jbn llisham 's Simh, vol. I, p. 503
Minority Rights
37
..
....
40
Minority Rights
Minority Rights
41
J.,
42
Minority Rights
ily of the source of the International law and the convergence of the above principles oo that singularity which can
be nothing but the commi1meots and agreements mentioned
above.
If we rdlecl on the roo1 of lnteruatioual Traditions and
Cusloms and lbe factors lhat create and circulate them, we
will fi.nd their earlies1 forms 10 be a kh1d of limited agrcemt:nt by whicb individuals or some groups have bound lhemsdves. And then. other groups who have fell an inclinatiot1
to, or a need for, that agreement io tl1cir relationships, have
gradually joined it and undenaken its observance. Suhsequet11 .commi101euts have naturally extended lhe iu11ucncc of
such agreements and have eventually given 1hem the form of
International Tradition and Customs.
Why do nations consider tbcmsclvcs bound, in iutcma1ional fields. to observe tbe loternali<JOal Traditions, Customs. .Exigencies and Principles'! ls there a need for observiog them cvcu after realizing that they are no1 being respec1ed
by other governments? What is the philosQphy or the principle of reciprocity in such cases?
The answer to such questions is nothing but that the acceptance of the rules based on International Traditions and Customs hinds other nations because of an implied obliga1ion
and commitment to wbai the ma.iority have c.0 1nmitted themselves, and like other moral principles and olher aspects or
social lite, they acquire a binding force and respect l3u1 it
goes without saying that such au acccptanc~, inspite or its
incumbency, never loses its cooventional and contractual
nature aod is inseparable from iL
lu compari og 1hese two legal sources to show which of
Minority Rights
43
them is more i111po.rtao1 in international questions, some jurists have made the following statement: "Though the international Traditions and Customs arc not codified, yet they
possess this advantage, over other legal sources, that 1they are
older and more univer,~al, whereas agreements lack 11\ese two
features and cannot therefore be abs0lu1ely and generally
binding. "
George Sel, a famous juris1, and ProJessor Alvarez, on
American jurist. relying on the above s1atcu1e111, bavc pr~
fcrrcd the priority of the exigencies of ln1e.rnatio1rnl Trndi1ioos and Customs in international disputes. '
A tJumbcr of other jurists attach more importance and give
priority to commitments resulting from agreements since
they are better codi'fied aud more explicit, and the elemenL~
of option, resolution and indepeudcuce are more evident in
them, and tbcy consider the change in 1l1e l11terna1iooal Traditions aod Customs, which are gradually a11d actually replaced by agreement~, due to tbc said principle.1
ln view of tb<' common basis of ' the International Traditions aod Customs' and 'agre.emenls' in tbe facror of ob li~a
tion or commitment both of which are derived from tbis single principle, it must be said that the arguments offered in the
above eval~ation in support of each ol' tbe two said views
lack legal va)ue from the viewpoint of conclusion sioce nci1bcr the generality nor the uuconditioucd stale of tbe ohligatious resulting from the luternation8l Traditions and Customs, nor the explicitness and codificariou of.agr~emems, nor
historical precede.n ee can serve as a distinctive factor iu d.:' The Gener/ Jn/;:mtio11/ Rights, by Dr. ~afdori, Vol. I, pp. 162- 164,
fbid,
.l
11
44
Minorily Righls
terroiniog ti\eir hierarchy and legal value,~ . We can even suppose each of the apparent dislinctioos lo belong tc1 the otber
side, as in the general agreements which are approved and
signed by all natiops, or the codi fied commitmenls derived
from the recorded (nternational Traditions and Customs.
Initially, i1 should not be neglected Iii.al rule and principle
binding commitments must always stem from resolulion, oplioo aud uUer iudepeudcocc. Ou Ibis basis the cou1radiction
of ln1erna1ional Tradilioos aod Customs wi1h obligalions and
agreements can be conceivable on ly when the ohligalioos
arisiog from the lnteroational Traditions and Customs be in
conflict with both parties or one party io lhc agreemen1 and
lack 1he elemeDI of free will and deemed lo be ao impositiou. Clearly, witl1 such a supposilion, the Luternational Traditions and Cusloms in relation 10 the concem.:d goveromenls lose their legal value. The imposition of aoy undertaking, even if i1 takes the foro1 of tbe lnlcmational Traditions
and Cusloms. is considered a violal!on of the right of the related nations 10 freedom and independence.
Whcu a lradition and a custom arc approved, obligations
c.outrary to them are not possible. excepl through the breach
of the previous commitme~t. In Ibis case, too, the supposed
conflict between the obligations resulting from the luleroarioual Traditions and Customs, and obligations due 10 an
agreeme1JI is ioconceivahle, and a discussion of tbe priority
right of either is useless.
lt is surprising !hat Alvares, head of the New School of
Int(lrnational Law, considers the violation of the freedom aod
independence of oalions, io connection with the above point,
as a legitimale right for lite United Nations Organisation. Ue
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45
I
11,
lhod., p. 165
46
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M;,IOrity Rigltts
47
4fl
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49
these texts:
(Stirntul A~17:abll.5)
so
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one.
(Suratul Baqarah/177)
51
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.,,. , ,,,, . ,,,-.,,, ,..fl ,,. ... ~.~.,,
;.,~ p.' e ,.., :-j ""J.:il\
:;<'r-~-'~
-r -.- ,
52
Minority Rights
In the Islamic ideology, peace and co-existence arc conside red tbc most fu ndamental principles in ioten:1ationaJ relations. For this reason it is recommended to make use of suitabl e opportunities for ~trengtheniog and c.reatiog conditions
f()r peace-treaties iu the foreign relations
the 1.slamic ;;oci-
or
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53
ely.1
Io order to establish peace among nations and prevent the
rise of hostile relations a11d bloody dispufes, Islam bas nol
only given a greal legal value to it1lcrnll1iou-al pacls and
agreements, but if has also invited other oafioos and groups
to conclude such pacts and agreements and has recommended
tlie Isl amic s.ocicty to alw~ys be a pioneer in Ibis !ask and nol
to abstain from every effori to creafc aud expand a basis for i1
iu all human societies, and use every possibility to alfain 10
this humau and Islamic ldcal. In many cases this recommendation is made an incumben t duly and an obligation. and the
conclusion of peace-agreements is considered a duty of competenr and responsible Islamic governments. This duty is emphasised whcu inclination is shown by non-Muslim govenJmenls and groups for the conclusion of peace treaties.
It is on the basis of "the originality of peace in int.emational relations" that Islam considers 1bc duty of the legal
am11orities of the Islamic society is to welcome tbe proposals
for the cone lusion of peace treaties which are nol contrary to
the genuine ideological goals of Islam. Tb~ logic of the
Qu.r' an in this conneclion is as follows.
As Ibis subject has been fully di<eu<$ed "' our book "Islam and the
,bi1malional Rights'; there \\'as 'no need to repeat it.
54
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secure baveo.
/( :::.1 ~: ... ~ .}
,.)c .--re~l......_...-~..:.r.: , .
~u~ c~.f-..,~~Jr
..
_,,
,,~..:..;_.>
" / ;i': ::;/
/ ""-~{ /. 1\'.''-:<
"'-"t~~4U~,. ~
.. ..
Miaorily Rights
~~\~J\;~\J~~. -:.~~jl;~J\;~;~lJ
~'lV
-~
..._:_.,~_;.,..
'VJ-"'",
89-99.
to
Sb
Minority Rights
interpretations wilb the passage of time as well as lh.: occu rriug ah.erations or distonion in it.
Just now we come across long discussions on the subj.:ct of
the modern lnt.ematioual Laws called the 'inlt:rpretatioo of
agrccmenL~ ' related to their aoalysis and advisability.
But to prevent such difCicullies from arising in international agreements aod to avoid "xcuscs for their alteration
and interpretation. it is stipulated in Islamic law that the texts
of agreements must be wri uen in a perfectly clea r and explicit manner, and avoid every ambiguity or use of phrases
with double meanings, so that no problem would arise al the
lime of their execution.
In the treaties aud agreemc111s which the Holy Prophet
concluded wi th various groups, he (1hserved this principle
most carefu lly. and after .:ach negot iation ust:d to order his
wrilt'rs 10 register up the texts of the agreements. and even
lbc uames of the scribes were wrineo at the cud of the treaties.
The lmam Ali (A.S.) instr11c1s, in bis mnndatc. 1hc gnvc!rnor o f Egypt:
" Never coucl11de an agr<!.:mcu1 iu which there! is some l!Xcusc or olher, aud aller making your declaratiou solid in lhc
agreement. dn not follow ii by a phrase tbat would weaken
. .. 1
II.
Minority Righl
57
56
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Minorily Rights
S9
...
j~*..:::,_,~!;~'r'\:t..; ~~G.1!
~\
>it>r'z'-'"""""' ':?~
'*' / .
..
.. ,..
~~ <t~>-
~J..J-=--~>+W
..,.
11ea1i~s
wlJich are
I ,
60
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Minority Rights
61
parties jointly undertake the duty and responsibility of carrying out its terms.
This established Islamic principle, besides nol being contrary to the world view and the idea ofuniversi1l unity, which
is the ultimate goal of Islam, is also a means for exp~nsion of
the Islamic call, because Jslam desires tbe Islamic ideas be
propagated through peaceful and pacific ways and under
conditions where the principle of co-existence is dominant '
Io other words, in view of the existence of ideological, territorial and racial differences, the lslamic society is bound before such differences to take necessary steps through agreements for the establishment of security, peace and coexistence. Concurrent with the application of this doctrine,
the Islamic society is entrusted with the duty of propagating
for the Islamic beliefs to the extent of going beyond the territorial, racial and ideological boundaries which have produced
division among the single Ummah of mankind, taking the
Conn of a universal and international school of thought, aiJd
by peaceful means establishing itself over the whole of human society.2
It is surprising thal the wriler of 'Peace and War' should
err in this oonnection, an example or which is lhe following
statement
"As the general atti1ude of the Islamic legislation concerning the relations between Muslims and non-Muslims is not
pacific but rather warlike, therefore the duration of agreements is naturally temporary, and since Jihad (holy war) can1
For fmther details please refer to "ls/11D1 Rnd lntcmtional Rights: pp.
70-86.
1
70-86.
I.
ul
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/ 1111/uivl
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63
ll!mic society from the other side, and ihe enemy intends to
abuse the treaty of peace for bis own reinforcement and recovery of his fighting readiness, by exploiting the good will
ofibe Muslims or transgressing their legitimate rights.
In such a case the Qur'An commands as follows:
64
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65
I
Ii
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66
in
Chapkr Three
Chapter Three
70
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Minorfty Rights
71
"
72
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73
76
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77
and l-U.O\\'S our decrcos, lei lhen1 ACtep1 bhu AS ~o Arbi1er, as Titppolntcd
hhn as "- ruler over you. If he judged ~ccording to our judgetncnt and it
\Vas not Accepted fro1n h11n, lhey v.ould be belittling 1he judgc1ucnt of
Allah and rejecting us, and the one wbo rejecrs ~~ is ns if one .has re
Jected AUah. and this is equal to asso~ia.1i.ng a p~nner '"ith llitu."
Tahriro/ Wasi/ah, Vol. l, p. 463.
' Ibid., p..466,
7U
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uojust rulers and cali phs have acted as rulers and coocludcd
Tribute ./\greements with religious minorities, who lived
carefree in the Islamic lauds. So it has become traditioual for
Muslims and j urisprudents to respect sucb Tribute Agreements and to accept the said groups as committed minorities
iu their own society.
Ash-Shaykh as-Sad11q quotes the Imam arRi~a (A.S.)
sayi ng: "The Christiaos of Daoi-Taghlib re fused lo pay tribute aod asked Umar to exempt them from its payment.
Umar. fearing that they might joi n the Roman govemmcut,
agreed w forego tbe per-bead tribute but to increase other
rnxes on them." Then the Imam is reported to have sa id: "The
Christians of Bani-Taghlib can act according to this Agreement they have agreed upon, until 1he day 1be trulb is revcal~d. "'
T he rurporl of this quotati on shows that a T ribute Agreement concluded by an unqua lified ruler, too, may be valid
aud have legal value like that of tbe Lmam's and a right ful
ruler:'
The 'Fi rst Martyr say~. in bis valuable book of Dunis
rLcssonsJ: "In lbc time Of lhj;! lnlflm's occulation ii is lli:!CCS
sury 10 treat minorit ies according tu the agrcemeut 1hey have
concluded witb the l.:aders aud the rulers of lbc Muslims".
Tbc late author of Jawiihirul-Ka/am [Gems of S pccch j,
ton. says on 1he basis of tbe said tradition: ''The purport of
thi~ tradition means that the T ribute Agreement of tho? unjust
rulers is to be considcrt.-d correct and val id, and this verdict
also appli es to cas.:s lacking the basic conditi ons of' a Tribute
1
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79
2. Committed Allies
Non-Muslims can become committed all ies of the Muslims
1hrnugh the law of tribute agrecmcnls, and tb<:sc include 1brcc
groups of Jews, Christians and Zorostrians who are called in
Ibid., p. 276
Ibid. , p. 263.
l l-lb;biyy11h arrairs an; a series or dtuie:t or p11rlitular uopo11aucc:, rind
due ro their nece~sary intcresls, 1hey tire entrusted to the- r<ligil\u~
ttuthority, ttn<.I, in cttse of his ~bscnc c or unti\ffilflhility, other righ1cuu~
I
60
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81
no religioo, doubt
Ibid.
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kitab too. Namely, the Jews, the Christians and the Zoroastrians who may join lbe alliance treaiy (Tribute).
The late scholar al-I:lilli says in TadltJdra/Ul-Fuqabii':
"With the ex.ception of the Jews, the Christians and the Zoroastrians, no Tribute 4'l'eemenl may be concluded. The
only thing that can permit their admittance to the Islamic
society is adoptillg ls lam, even if they consider themselves
followers of a heavenly book Ii.kc those of Abraham, Adam.
Seth, ldris or the Zabur of David. This is one of the two dictums of ash-Sbafi' i abo111 this matter, since these books are
not considered among the books which have been descended
from heaven, but they have be~n sent as revelations to the
Prophets. Moreover, they consist of a series of se.r mons and
include TIO laws or verdicts. The second view of ash-Shafi ' i is
lhat the proposal of agreement' and tribute may be accepted
from the said groups on the basis of the Qur' an' s verse, saying:
"'Out of' those who ha.ve been given 1hc .Book. " (S1ir111iJtTawh'1h/29)
But the definite article 'lbe' in 'the Book' conveys the.
sense of promise aud this is specially related to the three
groups of the Jews, !lie Christians and the Zoroastrians."'
According to this view there is no diffcreucc between Arabs and non-Arabs, and the only measure of aptoess for a
Tribute Agreement is belief and creed_ The late Shaykh Tusi
' Tadlikiratul FuqahA , /(jfAbuJjihild, Cb. 5, question 5.
Minority RighL
83
2.
Vers~
29 of Si1nt1ul-B11ra'ah which makes rhc termi11a 1i1111 of th e $1ate ,.,,. WM conditional on "mcludin.g a Tri but..:
Agreement wi1h 1he grou11s of ah/11/ Kir11b. Thus th~ l1J.galisation of a T ribute Agreemenl with 1hc m 11~.:essitt<:s ils ilkgali1y iu 01her cas~s. On ibis basis 10 11rove the claim rclat~d
lo the said verse has oo need o f iute rprering lnl! sense ()f rhe
ve rse iu order to discuss ils meauing.2
84
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85
(The w()rd ' e.nuama' (in this quotation) io the Arabic language gives the sense of restriction. Therefore, on that account, the prohibition of the tribute in rhe case of other tlum
the Arab polytheists and idolaters is negated. Lo connection
with the above noble verse, if must be said thal stating ahlul
Kifiib is due to the fact that they are privileged groups, or that
the word .:,.. (out ot) in the verse refers to:
'They do not believe iJJ tbe true religion" (SuratufTawbah/29) and. that conjunction of this sentence and the
sentence:
''. ... Who do not believe in Allah oor in tbe After Day" as a
kind of conjunction of the special to the (same verse above)
gener.il
A more careftil scrutiny of the sense of the above narration, however, shows the inexactitude of this reasoning, for,
1
06
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the question whiclJ 1he Tmam was asked, was related to the
Zoroastrians, and for the people o f that time the Zoroastrians
were uou-Arab l'olytheists in the same way lhat the idolaters
of the Arabian peninsula were Arab polytheists. Consequently the seuse of restriction, which is obtained from the
word 'ennama' is related to the Zoroastrians and uou-Arab
polytheis1s, aud such a case is usually termed additional
limitation.'
Couceming tl!is verse, too, ir wdl thought over, it is clear
l\J al 1be conj unction of sentcuces, as ex11lica1ive apposition, is
to explain tbe word
~.l.JI
"those" which stated of
beginning oJ the verse.
1.
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2.
The joining of the Zoroastrians to 11h/11/ Kiub. as mentioned in some narrations, is an evidence thut the tribute
peace treaty is not limited to ablul Kitiih. siocc the Zoroastrians are included in the s.aid agreement inspite of nol being o f
ah/u/ Kit/lb.
Tire reason why the Zoro<fstrians are not considered o f
a.h/11/ Kitii.h is a narration in which they are placed on an
equal basis with the groups having divine books in their ap1ness for concluding Tribute Agreements, a narraiion which is
ann'bllted to the J>rophet,l denoting that the Zoroastrians do
not belong to ,1h/11/ Kiliib, but that they should he Lreat~d in a
similar manner.' Trcai them as you treat 11hlul Killil>.
' Ibid.
11
88
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Minority Righls
69
Correction of an Error
The exclusiveness of the Tribute Agreement to the three
groups of the Jews, the Christians alld the Zoroas1rians does
not signify that the conclllsion of pence trcati~'S in the Islamic
law is not legitimate with other groups, since in 1he Islamic
jurisprudeocc, the establishment of p<::ace is envisaged by
means of various agreements each of which may be concluded in certai n CJISe:i in accordance with a sp~ial Jaw.
The T ribute Agreement is one of such pcac~ 1reaties which
bas special conditions and a definite law in the Islamic law,
according 10 which tbe said agreement is envisaged for
groups with heavenly Boolcs and has legal value only for
them.
In the case of other groups there are other peace troalics
with certain laws and co nditions o n the basi~ of which 1 b~
Islamic society and non-Muslims cao conclude re~c..: agreements and Jive in full security and tranq uility.2
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91
Owfog to lhe >'plll:ial respect 1ha 1 Islam h<S for tbc great
d ivioc Propl11~1s. i1 oawrnlly feels respect. 100, for the indi
viduals and grnups who dt>'Clan; themselv~s followers of'llP~sc
exalted prophds, cvi::o ihough Ibey may go 111 excess in 11,cir
claims and disregard true faj 1hs.1
This respect, wbicb is io fact a rcspc~ I for the g~uuin~
ideo.l ogy of !heir prophet~, h as resu lted io the ir beneiiting
from special legal privileges and priorities in the Islamic jurisprudence, au example of which is seen in the law of the
Tribute Agreement.
Tbis kind o f .:valua1ion and granting legal privileges is a
peculiarily of the fslamic law, an example of whic h may 1101
be found in any other legal system even lbe commuaisl
countries which rcpreseul a single camp, regard 1hc cmnmunisi individuitls of other communist courtrics as aliens and
foreigners, and so long as they have 1101 bee-Om<: cilizens of
thal couutry, Ibey are nol admilled as allied m~ml>ers of the
communisl society of the country.
T he privileges ~ojoy~d by groups wi1h h~awnly books
through the law of lbe Tribute Agreement in ihc Islamic society are another evidence of the geucrnl pc acd'ul policy o l'
Islam aud a true wi1oess 10 the rcspcc1 and valu~ that I.shun
has for human beings, I.heir tho ughts and iilcologies.
This is t1'Ue of lhi: three groups. r1ic: rcHgions \Vhich 11r4.! no\v follO\vCd
by the Zoro('l,Stria.ns (fire V.'Offibippers). the Jc\\':.~ And 1hc Chri~ci~us Hrt:
nothing but a handful of legends fa bricated by the fanc ie. of numbor of
~he pscudon1eo of r~ligion. rncir originnl ht!<ivcnly book had been dis
tortcd <tnd their real be liefs. and priecepl.s lutV<: f<.lr long Jcfl 1hcrn.
II
l
I
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" In the name or Allith, the Beocficcot, the Merci fut. This is
a lcner wrin.:o by M uhammad son of Abd ullah, as a bearer
of good news and a warner, and, in respect of i\llab's trust,
eu trnstcd with all creatures, so that no pica would be made to
Allah a lier the prophets. A llah, almighty, is Wise.
Ile has written this to th ose who follow bis faith as a trea ty
with th.: groups of the cast aud west who are Chri stians. be
they near or far, Arab o r non-Arab, known or n11kuown. This
is a writ according to which a treaty is concluded with them,
and w hoever o pposes its articles will be considered a transgressor to him and other Muslims. Such a person would be
rejecting Allah' s promise 0 01 being honest nor humble in his
agreemenl, ridicule hi s own re ligion and so deserving damuari on, he he a king or au ordinary Muslim bdiever.
Wherever mouks or traveller~ gel together, and res ide in
tbc mou ntains o r in the descns, iu inbabit.:d places or in
plane. in synagogues or temples. we will be behind them to
preserve and protect them. aud I will defend their lives, properly and goods with my life and that of my friends. helpers
and nation, since 1bcy are my subjects aud united allir.:s.
With tbc exception of what they willingly pay as tribute
they will hy no means be compelled lo pay anylhing more or
bclcl responsible for ir.
Their judges, monks, hcrrnirs and travellers will no1 be
molested, and no synagogue or church will be destroycd and
nothing o f their property may enter the Muslims' dwellings.
Judges aud monks arc exempt fro m payi ng tribute. so arc
1hose engaged iu 1be task of worship.
'The weahhy and men o f commerce should not he re<1uircd 10 pay anything in excess or their triburc.
Minority Rights
95
'.
'/Jo noL argue with ahlul Kitiib except in /he best maOIJer. '
siiratul 'Ankahiit/46)
T hey may live in a safe environment which is full of kindness, and everything is to be done to check wbat may caHse
them annoyance and UDC8$iness, wherever they may be and
wherever tbey may reside."
"This agreemenl is signed by 1he Holy Prophet, and undersigned by a number of bis friends.as witnesses.'
The following treaty, too, was concluded between the
Prnphet and Yuhanna son of Rubab chief of 1he Christians of
Ila (al-Aqabah) :
"In the name of Allah, the Beneficent, the Merciful.
This is a guarantee on behalf of Allah and Muhammad, bis
Me.~senger given to Yuhanna- son of Ru'bah, chief of the
Christians of Ila (al-' Aqabah): "ln the name of Allah, lhe
Bcnefieient, the Merciful. Thi.s ia a guaran1ee on behalf of
Allah and Muhammad, bis Messenger given to .YubaouA-son
of-Ru'bah, _and the people of Ila, according to which their
ships aud travellers arc under the protection and security of
Allal1 and His Messenger, and all their companions from ash
Sham, Syria or on the coasL~ of the sea are immune and under
protection.
1
96
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97
98
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nesses.
According 10 some documents, its text is in the handwriting of the Imam Ali ibn Abi Talib.
Chapter Four
Chapter Four
102
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2. Couditions de.pending
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103
Article Two:
Respcc1 for the Islamic laws, observance of 1bcir execu rioo
and accepraocc of judicial, penal and social verdicts carried
our in lbc Islamic realm on 1be hasis of Islamic criteria.
According lo this arliclc, as 1bc Muslims must obey lbc
verdicts issu<!d by 1be competeo1 Islamic courls, the allies
(lributaries). 100 , must acr upon lb~ issued verdicls, when
1h~y arc rricd in these courts.'
l ilccwise. wb.mevcr a tribu1ary commits an ac1 forbidden
in 1hcir own religion aod condemned io Islam on 1ilc basis of
special regulations. the said regulatioos m ust iocvitahly be
enforced in bis case. For ~xamplc, if a triburary commits
adultery or lbcfl which are prohihiled in lbc relig io ns of 11h/11/
Kitllb, he will bt: puoisbed in accordance with the rules of
lslamic p~naocc. 2
As for lbc acls forbidden in lbe Islamic law bu1 permincd
in the religion of ablul kitAh, 1hey do 001 come under the
above rcgula1ioos unless affoc1a1ion to such deeds is not in
accord with 1be c riteria and exigencies of tltc agree ment
In view of lbc oa1u.re of a Trib111c Agreemenl which is
conc luded as a trea1y o f alliance and socia l solid arity, and
parlicipatioo iu a common social lite. lbe necessity of lhc ohservaocc oftbe above principle becomes evident
As an Islamic sociely rcspccls ils inle roal allic.<. ii also r<.'C
ogoises lheir laws and Cl!lcs in !heir mulual rela1ions. Tb..:
philosophy or Tribute Agreemen ls oo:ccssi1a1es a reciprocal
respecl 10 be shown by lbe allies 10 1bc Islamic social law~.
and 1beir abstcotiou from acts forbidden according 10 lb.: he1
1
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Conditions to be Stipulated
The second necessary part of lbc agreement consists o f tbe
following points:
The allies (tributaries) must abstafo from every hostile plot
and sabotage and military activities against their Muslim confederates.
They must also abstain from giving aid, reinforcement,
refuge or protection to the enemies of the Muslims, and must
avoid every kind of espionage for the enemies of Islam, or
guiding and supporting spies and enemies o f the Muslims.
The late Mubaqiq, in his Sbarliyc', the All:lmab al-Hilli in
Tadbkiratul-Fuqabli', and ash -Sbal1id a1h-Tbftni in al
Maslifil<, have considered 1be acts of espionage of tributaries
and supporting envoy spie.~ a violation of the agreement on
the condition that these mauers are stipu lated in the text of
the agreement But in view of the role of' espionage and hostile acts, it can be said that such a condition becomes willynilly a part of a precondition stipulation to the effect that the
tributaries sliould refrai n from hostile acts, plots of supporting the enemies against the Muslims. Most jurisprudents, in-
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105
Compatible Conditions
In addition to the above conditions, any other condition o r
106
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7.
108
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mal."
Obviously is article, like other previous recommendations,
can be binding if it is stipulated in the text of 1be agreement
with the consent of both parries and their signatur.;:s,
As the allies are not obliged to pay any voluntary mooetary
contri burion for any purpose, even if the allies foe! 1bey must
do so, it is invalid,' and so is any othec condition in this con nection. There.fore the ju.risprudents have excepted only a
si ugle case of this law, and that is in order to follow 1he ex.ample of the Prophet of Islam. 1 They say: " In case of expediency, it may be stipulated in the text of the agreement that
the allies should acr as hosts lo the Muslims wbco they or the
Muslim Mujabids pass through their quarters.''
Some j urisprudents think tbat 1be exp.:nditurcs for such
enlertaiumcots should be paid out o( tbe rrihutc, but mosl jurisprudeots aflirm thal 1he condition for entertainment should
be added to the miuimum sum of the tribute, since ii is possible that no Muslim may pass U1rougb their quarters, in
wl1icb case their Tribute Agreement will lose its financial
aspect. and wi ll thus lose its legal value willy-nilly on ac' In ,,/. W,;;;1 'if it is said, on the authority of Mu!Jnmnwd lbn Mu.<liim.
quoting th~ In1;inl ;tl-Baqir (.L\.S. ). concc;m1ng the 1ribu1ari,e:s, 3~kcd
'''hc1her ii can be lc\icd f'roiu tbern on their propcrtit:s Hnd cattle, olhcr
than the tribut.ry. he said: "No." A similr (!Rlfitli is rdotcd by .Sh
Sh~ykli al-Mulid, in his al-Muqni'nh, quoting Muoammd ibn Mushin.
Look
up
Was.i 'i/ush-Shi
11/J, Vol. 11, ch. 68 ofKitahul Jibah.
' In the tribute agreement concluded by the Messenger of Islam with
Christians of Najran. theno was stated tht the people Qf NajtRn must be
the h()Sl$ of the envoys of the Messen~er for a month or le$.,. According
to Sbaykh T~si in 11/- Mabsot, it was stated in the tribute grcemcnl with
the people of lylh that they m ust be the hosts of the Muslims passing
through their land, for three c!Ays.
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109
Illegitimate Conditions
The proposal of th.: conditions aod articles of tho: Tribute
Agreement, both qualilativcly and quantitatively, depends on
the view and interests of the competen t Islamic government.
Naturally these interests vary in conncctioo with !he exigencies of time and other special cooditions related to the oe~ls
of the Islamic society.
Therefore tbc said conditions which have ~n recommended by some jurisprudents depend oo the above princi1
lll-M.11>101, Vol. 2, p. 39 .
lbid.
110
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1.
Lt is
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111
uibute." 1
3.
1
2
t 1'.l
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l
Financial Undertaking in the Tribute
Agreement
The Tribute '
The frihute Uizyahj is a type of financial umkrtakiug by
lhe allies fdbimmisj in return for Muslim commitments. As
Muslim citizens act upon their social and religious du1ics hy
the payment of established taxes and by participation in
military and dcfooce duties for the purpose of the managemenl and defoucc of their uni1ed great socie1y composed of
Muslims and non-Muslims, lbe allies (non-M uslim c111zcns).
too, wbo benefit from the rights aud privileges of such "
g11arn11tccd sociely, must pay a special and 11illi11g lax as
tribute 10 the responsible Jslamic government instead of the
regular taxes, defence and mililary duties (uodc11ake11 hy lhe
Muslims).
The tribute. which is levied on non-Muslim allies, contrary
1
Our discussion in rc>pcct of jizya!t rcfors only 10 the legal p<Cl. A>
regards ics hi~tOJ'ical aspect, it is oul of our cor1cem. Rul in the lirsl p:5t 11
of 1his scrli;.s, the discussions concerning thi~ 10pic have bc(:n issued in 11
scpilmlc book untl1,11 the rttle "l~lltn1 11nd JJt.:11,~J'u/ Co-1..tx1:ucn'": 1n
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1.
2. The smallness oflhc amount of the. 1rihu1e, and consideral ion for the minimum financial ability of the allies ( 0011Muslim citizens).
3 . The exemption of the allies from all kinds of firn)ncial,
military and dd'e11sive dufres in 1he uuitcd Islamic society.
It is clear tba1 every orgaoised society is in ne.:d of a regular budge! in order 10 be able to meet its regui rcd cxpendi1ure
for con1inuing its life aud mauagiog iis affairs, order and
various relationships, as wdl as providing the governmeul
with the possibility to establish order. eoac1 1.be laws, and
maintai.n military and defensive fofce.5.
A considerable part of this budget must be provided
thro\lgh lhc taxes p~id .by 1he members of this society, and
these taxes are levied in proponiou lo tbc financial abili1y of
each individual and the b enefits he receives from social
privi leges, and then the du1ies of every individual is determined.
1n the grcal and un ited Tslamic society, in which the nonMusl im citizens (11h/ul kitilb) are considered as its members
according lo the Tribute Agrecmenl, the Muslims pay !heir
laxes in Ille form of zakiit, atonemen ls, kbwns to 1he compe1cn1 Islamic govcmmenl. The only 1ax Iha! the allies
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(dhimmis) are obl iged to pay according lo the 1J1utual agreeweot is lbe trihute which is levied in the way wh ich will be
explained later.
By paying the tribute, the allies become exe mpt from all
financial obligations, taxes, military and defence du1 ics. As
we said before, if t he Muslims fail to perform t.beir obligations, llieir alliei> will be exernpled from the paymeut of the
1ribute, aud if this tax bas already been paid to lbe responsible Islamic authority wholly or par1ly, it must be paid back to
them.
Jn Ibis case, loo, the Islamic law exbi.hits its brilliant humane visage and social equity, and places all measures o f
social, political aod ecooomic aspecls will1iu the. framework
ofhu1J1an values.
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minorities, or weak and defeated nations, was a sign of victory, power and superiority of the great and powerful governments, and was considered a kind of tax-collection and
exploitation.
But, while putting its signature to this system, Islam presented it in such a form which, besides showing 110 sign of
compulsion, prelensious superiority or exploitalion, as it
formerly used to show, 001 tu be seen in the Islamic jizyah
system, ii rather repres.:nts the most equitable way for peace,
solidarity and coexistence.
Bur that same apparent similari ty between 1be two systems
has led some ill-motive or ignorant people to consider the
Tribute Agreem~nt as a form of exploitation withoul payiug
11t1entioa 10 the conditions and special cooscqucoccs of the
Islamic Jizyah system.
The explanations given by some commentators abour the
vcrse No. 29 of surarul-Tawbah have not been witbou1 influence in creating the above error which was utilii..'<I by malicious people, and a means of deviation for the little informed
people.
Now we will first Slate what those commcuta1ors bad said
about the above verse, aod llren we will explain what 01bc.r
great jurisprudents and commentators have dechmxl aboul it.
The law of the Tribuh: Agrcemenl mentioned in the Qur'an
is as follows:
1 ' t /. ~ ~..:; c:Llil);.;
'</1'~ ,~,..:;- .
.a, --i'-
-,
11"' :::'.'!'' ,,,.-> -.,:;,,{ , ,,,,.
,,
Jll''I
/
.. -;:
!i'.J ~.:ii V:l<r''.:.t~~~::'! J .J.Al.)"'.).J..ill
(_,.,.."'ur~.J.r, ~.r.'fl.J~,~r~
~-
"Fight those who do not believe io Allah, nor i11 the l11s1
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I,
118
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the bead.
This strange view is attr.ibuted to asb-Sbafi' i.
1.
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t t9
2.
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yad in the iyab, which is used concerning the payment of the 1rihutc, refers lo the ability of ablu/
ldtAb in making the paymenl The word 'yad' somtJtimcs
means ' possibility' or ' power,' and sometimes 'superiority'.
The meaning of the last phrase of the 4yab is 1101 tbat hostili ties end on the payment of the tribute, since such hostilities
come 10 an end on signing the Tribute Agreement, where as
the payment is douc at the eud of the year.
Therefore in the last sentence the word 'yu ~o' meauiog
' they pay' signi fies their readiness to pay. 1 Obviously preparedness and promising to pay the tribute by hand, do not li t
in the context of the verse and the sense wo11ld mean notbiug
but that the readiness and the promise of a/Jiu/ killb for payment are based on their ability to pay. Further more by pay .:,.r.
an, it brings
ing more attention to the sense of
us to a clearer uuderstanding of lbc point. Had ii meant 1ha1
payment should bt: by band, the Arabic preposition should
have btlen used, and the word .i.. (band) should not have
~-1:!4
(ii!. by
come in singular, but in plural
'an
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121
their h1tods).
4. The last two words of the verse, ( ::.,,;.i- I""') (in suhmjs.
sion) shows the second conditions and rhe essentia l basis of
the T ribulc Agreement' which, as we said hcfore, i~ st ipulated in the following way in the Agreeme nt:
"Tbe All ies must bind themselvc.q 10 lhe verd icts issued by
the competent Is lamic courts. a nd submit to tbc <:xecution of
the Islamic laws."
Linguistically, the word ,l-' - (in submission) is used 10
Arabic to mean a person who aclrnowlcdg,;,s his submission.
and smallness. aud as this is. iu many ~ases, accompa nied by
a kind of abjectness, many phi lologisrs and in1crprc1crs rook
it 10 mean 'a person who is content with al~j ecrness nod subjection. '2 But ii goes without say ing rhat actually the word
does not signify abjectness and this meaning is a figurative
addition to it. Naturally submission before the court which
issues verdicts according 10 1bc Islamic laws, and as lhos
point is s1ipulatcd in a joinl treaty guaranteeiug the iotcresls
of bo lh parties, it by no means uecessi1a1cs subjection.
The use of 1he word
,;.o....
is meant to show rhat the
participacion of the Jews, the Christi tons and lhc Zoroastrians
in the jo iot treaty aod their acceptance of the o bligatio n for
tribute pay.meat, and sub mission before 1hc Islamic legal and
j udicial laws and pr~epls arc based on consent and 011 free.
formal acknowlcdgemen l. for, lhc word
.,tL.o
is used of
a person who admi1s his submission and smallness"
Thus, the baseless and extravagaol views mentioned before
become o bvious, as lbe last sentence of th~ verse
1
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( uJ.r''"'" ~ J)
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124
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by such great empires as Rome and Iran in their forcigo relations with wea.k nations and groups, yet, as we SRid before,
rhe si milari1y between tbe old and new order is only a superficial one. and they arc quite opposed in their nature and results. This bas already been sufficiently expanded upon.
2. The application of the legal terms of tbc law of the
Tribute Ai,'Teernent, respect of any agreement is possible only
when all the necessary conditions of the said law are Included
in the agreement. The mistake made by tbe above writer is
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3.
..
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126
ments, the tribute system is tbc fairest, and tbe most peaceful
and humane method in international relations.'
A survey of the internation.al treaties and joint military and
defensive pacts concluded with.in the framework of tbe western and eastern blocks with the Third World can serve to
clarify this uodeniablt: point.
From the viewpoint of international law and rights of aliens and minorities too, the tribute agreement bas special advantages and genuine superiorities witll which the reader bas
already been acquainted through previous discussions, and
they will be elaborated in the next chapters.
'
Minority Rights
1,27.
2. The view of the responsible Islamic government concerning the amount of the tribute is stipulated on the basis of
the consent of both parties io tbe text of the agreement. This
agreement may be reduced to the minimum financial ability
of the allies. For example, in the early days of Islam, in maoy
Tribute Agreeients, the annual amount fixed for each person
was one diniuwhich was the equivalent of 5 grams of gold in
price. Sirni.larly the kind of the tribute as to its being in cash
I
11
128
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129
vaots, and this condition can last only for a little time. Therefore if the tax-payers complain of such things as their heavy
obligations, or of plagues io their fields owing to being coveced with water or ruined because of the lack of water, you
should give them reduction to the extent of giving them the
hope of improving their conditions. Do not ever take ii bard
to make their burden li.gbt, for such ao extenuation will serve
as savings wbicb will be retum.e d to you in the form of subsequent r.esult in ma.king the country prosperous and your
rule beautiful. Moreover, you Cl.lo io this way win their appreciation aod gratitude, and feel happy and satisfied for
having enforced j ustice~ After such ao extenuation and mitigation, a situation may arise when you will need their aid,
and tbeo they will be quite willing to accept a heavy burden,
for then, the couulry can bear every type of responsibility. A
country is often ruined as. a result of people's indigence,
which is lo its tum caused by the eagerness of the rulers in
amassiug wealth, !heir doubting the durability of their rule,
iheir indifference to the councels of time, and their neglect .in
learning the lesson ofhisiory." 1
We have quoted this fine charter here to show that the
taxes about which such just instructions were given include
the tribufe which is levied oo minorities and tributaries. At
the same time the sp.irit of the Islamic justice ~lid indifference
to the wealth amassed in this way are inherent in th.is charter,
as well 8S' endeavour to achieve the prosperity of the country
and the amelioration of the tax-paying conditions of the taxpayers, and spending the funds to make the realm flourish, as
well as m11ny fine points about the coacttrient of taxation
1
130
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Ibid.
I
~
Minority Right~
131
,Al BIAUlluri says: "A land llRble 10 jizynh of 1hc non-Arnb land"
Abu Yusuf. in his alKhirii;; says: "'J11e khirnj per capi1a", 01hcrs l>O
sid: "Jizyh on 1he land."
134
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135
"
136
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137
"I swear by Allah lha1 I (as a ruler of the lime) love to sec
411 people converted to !slam, so that you and I eugagc io 1j/.
legc and get our bread by our labour."
Concerning land taxes in the fonn of rent s1ipulated by llw
oompetc nt Islamic government, we must point out that this
kind o f tax bas no connection witb the tribute and the T ribute
Agreement, and when the tenant o f such lands is a oo nMuslim. bis conversion to Islam does 001 exempl him fro m
land tax unless be transfers the laud to someone else.
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The...Secon.!l Group:
Women have no tinaocial responsibility, and by depending
oo their husbands they benefit from the privileges of T ribute
Agrccmcot. Wo.men and girls who are have no husbands may
take part in the Tribute Agreement and benefit from RU its
advantages without having a financial rcsponsibili1y. The
Muslims cannot exact anytlliog as tribute from them. and
every agreement involving financial commilment for women
has no legal validity.
The late scholar al-Hilli. afler explaining 1be above poinl
in TadhkiJatul-Fuqahli, says:
"Wh..:n women offer to pay the tribute, they should b~ informed 1bal t hey have no obligalion in llLis rcspccl. nnd if,
inspite of knowing that women are exempt from the paymcut
of the tribute, they desire to pay i1, the Muslims may accept
the payment as a gifl. not as a tribute. lo any case they w ill
have no obligation whatsoever, and if Ibey change their mind
before payment, Ibey w ill not be compelled to pay.'''
T.h~.. Third
Gu1up;
T he poor and the needy, 100, are exempt from tribute payment according to a number of jurisprudents includ ing asbS baykh al-Mufid and l bu Junayd, since tribute is like the
:t11kiil which becomes obligatory at the beginning o f every
ye&r. Thus a poor man who bas no ability to pay bas no obligation.
Some jurisprudents have considered the poor of 11h/ul
}(j/iib liable to tribu1e payment io accordance wilh 1be Tribute Agreement. Tbcy argue 1ba1 lbe tribute is paid in rc111ro
1
10
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139
1.
the amount
of tbe tribute is determined ou the basis of the measure of
individual wealth and abilily to pay.1 Therefore, bow can
those who lack financial ability be in a posiliou to pay, since
their ol)ligation to pay even a trifling sum is beyond what
they can afford'!
Here ii must be pointed oul th~t it rarely happe ns for person to pay a tri!ling sum annually, and if in accordance wilh
lhe secood view the poor are obliged to pay lhe tribute, its
amount will be in proportionate to the ir minimum ability to
pay.
I
2
Ibid.. P 38.
WnSii'ilushShi'ah, Vol. 11, Ch. 68.
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Minority Rights
The aged and the feeble among the minorities are exempt
from tribute payment on account oflheir willy-nilly for being
under protection. But there is no unanimity among jurisprudents on this question., and although these groups of the aged
and the crippled are secured on the part of the Muslims if
they do 001 engage in fighting and carrying weapons, yet this
is 001 an adequ11tc reason for being exempted form tribute
payment, and they a.re considered liable 10 pay it according to
their financial ability.
Thus even if these persons are feeble and uoable to work.
there is no reason to exempt them from payment since they
benefit from all the rights and privileges of the Tribute
Agreement like other tributaries, and the Muslims undertake
certain obligations towards them. Therefore they are liable to
payment in propor1iou to their financial ability. But if they
are so poor as to be unable to pay, they fall under group
three. lo such case they may even benefit from a share of the
Muslims' public fund.
History illustrates this manifestation of human justice io
the following example:
"On his way the Tmam A li saw a distressed old man who
was begging from people for aid. He al once inquired about
his condition. They said be was a Christian. The lmam Ali
cried 0111 a.ogri ly:
"O' Muslims, you have imposed so much labour on this
man until be has become old a1Jd feeble and then you left him
to his helplessness and privation'. He then ordered to pay bis
allowance out of ibe public fund." 1
I
Ibid. p. 49.
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141
Ffth.G.ro.UP.:
The priests, clergy, mooks and the others engaged in Lelig
ious services are included in the Tribute Agreement without
bearing any financial obligation. But some jurisprudents
doubt about this matter and con.~ider those of them who have
financial ability Liable to pay the tribute.
In view of the immunity enjoyed by this group, even if
they do not participate io the T ribute Agreement, and owing
lo the undeniable and explicit fact which is mentioned in the
Prophet's 1reaty with the Christians of Sinai, they arc indeed
exempted from tribute payment
The sentence wriuen in the Sinai treaty is as follows:
"Judges and monks are exempt from ld1irAj so are those
engaged in worship.''
What is meanl by khiraj here is undoubtedly the '1ributo:'
since khiraj in the sense of "rent" the lands committed to the
tributaries related to monks and religious men is no11sc::nse.
Moreover, the .said treaty has uot used the word in the taller
sense and in many cases of its use it always means the
' tribute'. 1
The late Sbaykb TUsi, in Al-Mabsut, iaspi le of weakeni ng
the view concerning tbe exemption of tbe lancr two groups
from tribute payment, has confessed that there is a narration
concerning their exemption.2
Tl!.~...S.ii;;O:t.G:r9.YP;
Tbe lunatics and those who have lost their senses or aro: n::gardcd among the s1\1pid or those who bear no obligation and
are exempied from tribute payment.
: !,oak up 1be 1ex1 oftbe Mid lreaty.
Al-M~bsof, Vol. 2, p. 42.
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142
The Imam a~-$Adiq was quoted to have said: "lslam's tendency is that no tribute is to be levied from the madmen and
those who have lost their reason and the ability lo understand."'
1. In conditions where the interests o f !slam and the Muslim society necessitate a closer and friendlier relalioos with
the Jews, the Christians or the Zoroastriaos, as binding them
to trib\1te payment may cause them to take sides with the
enemies of Islam, or exempting them from the tribute may
augment their interest iff Islam and their conversion to lsla.m
and join the rank of Muslims.
2. Whenever the Muslims fail 10 perform the duties stipulated in the Tri bute Agreement, the obligatioo of tribute
paymen1 will automatically be removed from the tribularies
since in sucb cases the Tribute Agreement becomes automatically null and void.2
3. When lhe Mu.slims are in need of the milifary assistance
of lhe tributaries, the laner may be exempted from tribute
payment tlHougb a joint treaty of de(euce. 3
4.
1
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143
144
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145
"
p. 198 ..
148
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149
case of eog.agiog in comme.rce in the Islamic zones are required to pay tbe prescribed tax every time they leave 111c
country since their right of stay in an Islamic. counlry is a
temporary, and there is a possibility of their 001 retuming to
the Islamic land after leaving it.'
The !ale 'Alliimab al-Hilli, after relaliog Abu Hanifab 's
theory about "recipmcal treatment", by way of refuting it,
says:
"Wheo the lraosgressive tributaries are ncalcd iu the same
way as their corcligiooists treat the Muslims io forci gu countries, as reciprocal, ii will. iii fact, be as if an innocent persoo
is punished in leiu of the criminal. If the Muslims, howev~r.
were lo apply the reciprocal method. tbey must, as the others
do, kill their confederate tributaries wbo live under their
protection. "2
Chapler Five
Muslims' Commitments
A Survey of the Rights and Privileges
ofthe Minorities in the United
Islamic Society
I.
Reciprocal Responsibilities
and
The Duties ofthe Islamic Society
Towards its Allies
'
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154
'j
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155
stipulating them would be veid of any legal value, concerning two types of the above conditions, it must be said that the
first group of duties must be stipulated in tbc text of the
Tribute Agreement, and its non-stipulation in the agreemcnl
would never absolve the Muslims for the responsibility wi1h
regard 10 those conditions.
T he secoud group- bec.o mcs binding only if it is o;:x.plicitly
stipulated in the text of the agreement and agreed upon by
both parties. In that case all Muslims must observe tbe s11.id
obligations and the competent Islamic government must
guarantee its execution and uodcrtakc it to the limit o f its
power.
Now we will deal with the manner and deta ils of fhe tl1rec
above duties aud cooditioos in so far as the size of the hook
permits.
...
..
Part one:
Unavoidable commitments of the
Muslims
nee lhe unity and the solidarity a:re established be1ween lhe [slamic society and the .society of lhe
followers of 1be heavenly religions ( ablul ldtlib)
tbrougb the conclusion of a Tribute Agrccmen1, a number of
duties and responsibilities will be imposed on lbe autliorities
of the Islamic society wbicb must be accepled. These duties
will be discussed here under lhe title of unavoidable commitments of Muslims.
L An Overall Immunity
The first duty of the Muslims the Tribu1e Agreement imposes upon them is to o!Ier an absolute a.nd overall immunity
to the tributary allies on the basis of which the life, property
and honour of the allies are completely protected by the re.sponsihle Muslim govemmenl, and they arc allowed io enjoy
these privileges like olher Muslims.
This guarantee is bolb inlernal and exlernal. Internally, all
lhe 1ribu1ary allies throughout the Muslim realm are protecled
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agai11s1 every transgression upon lbeir life, property and houour and other legilimate and legal rights. 13xtcmally, the
Muslims undertake the defence against the aggression o f
outside enemies from beyond the Muslim borders, directed at
the allies, as to be defending the Islamic society wi lh all 1heir
migbl and possibili ties.
As we said in the analysis of the verse 29 of suratulTawbah, the Tribule Agreement is considert:d by the Qur'~n
to be the end of hostilities, and tbus every hostile act by the
Muslims against tbc li fe, property or honour of the allies, is
condemned and punishable.
Therefore every Muslim or non-Muslim who commits
murder or injury or molestation against an ally is punished
according to tbc judicial and pena l laws of Islam and th.: Islamic courts and responsible executive organisations are
duty-bound to investigate such matters and carry out the enacted puoishme1.J1.
Similarly if theli or trausgress ioo is committed upon tbc
prop.:rty or financial rights of the tributaries, tb.:ir complaints
are investigated like those of the Muslims according to the
Islamic laws and regulations, and the guilty is puuisbcd. In
the samo way, any offense agains l the honour of tbc: tri bu'inry
allies is legally deal! with and the guilty is puoish~d.
A narration of the Holy Prophet says: Beware that if anyone treats an ally (a confederate) unjustly or viola1es bis 1iact,
or forces him to work beyond bis eapabilily and possibility,
or takes something from him contrary to his wi llingness. 1
will call him to account on the Day o f Judgment"'
Tbc Prophet is also quoted as sayi ng: "I le who molests any
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159
160
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Rights
161
162
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augmented.
If yesterday's coloni:t..ation has made ils exit through lhe
door, today' s colonization bas surely entered through the
window. Even if it is closed by the exigencies of the time on
colonizers, they will enter through another inlet with a fresh
mask fitting the spirit of lhe era of space conquests to plunder
the wealth of the nations.
"
2. Religious Freedom
slam coosiders the .acknowlegemeot of the rc~lity of the
heavenly religions au<l the chosen divine propbets and
the respect for thdr creeds and laws as a part of its basic
bcliefa. The Qur'an has in many of its chapters and verses
drawn the aneolion of the people to this p1'iucipk aud has
explicitly declared .a belief iJJ former prophets- 10 be coordio.atc witb the belief in the Prophet of Islam.
The Qur' an Says:
lc , ''" \t-.i.c.';;,) ..
~~~~,,i.l"! ~J':';:' ~,
..1~...t~.r~J
..,_,.,,.....
~..,
...:. _.:.~.s;:;
.,..-).......,,
~ >1 >-:'.S~~~
..
"Say: We believe in A/Mb rwd (in) tlwt which h11s been n:vealed to 11s, and (in) thal which w11s revealed 10 lbrah1i11 1wd
Jsmil'il and lshoq and Ya 'qilb and the tribes, and (io) what
was given to Musil and 'l~ii, and ir1 1ba1 which was given to
the prophets by their Lord; making no distinc1ion ,1mong
tbc:m, aod 10 him we aresubn1itting". (silr11t11I B11qarab I J36)
1,1 says also:
164
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165
Minority Rights
"0 you who have been given the Book, believe tbal which
we have revealed, veriiying what you have." (silra/un - Nisa'
1 47)
The Qur'lln spares not11i11g in praising the. true followers of
the prophcls and lhe divine religions in so far as they have
been worthy of ii, 1 and bas elevated and sanctified lhe lofty
position of the past messengers over the above what their
followers believe, an bas considered them free from every
error and pollution.
Similarly, contrary to wbal is in the bands of their believers, and said to b<: of these heavenly creeds, rbe Qur' an consid..:rs these religions free from all charges. of false and im-
'166
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prop<:r mattcIS concerni ng the divine propbc1s.1 and in general the religion of Moses and Christ are introduced as
something of a high spiritual level filling the sanctity of divine revelation, and it can by no means be compared with the
misinterpret.e d creeds of the Torah and the Bible.
This io itself speaks of an undeniable fact th.at Islam has
shown a deep, fair aod actual respect for heavenly creeds and
their mcsscngeis, and regarded believing in ii a part of 1he
belief of every individual Muslim.
It goes without saying that this respect for. and belief in,
the freedorn o f religions and their followers can b..: valuable
on ly when they are combined with an admission of the truth
fulncss of 1hose religions, howevet proportional it may be.
We see this respect and freedo m in Islam with respect 10 rhe
three well-known creeds aud their followers. especially so.
siucc Islam considers its spiritual bond inseparable from 1bc
actuality of the divine religious.
The Qur'iin says:
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167
1"~1:~1(~~
Sil''""~~
-.Ji\'C">
f"'"'r.!
~
~ ~ -~
"And how can they choose you as a judge wbcu tbcy have
the Torah wherein is Allah'sjudgment?"
In ayah 111 of Sf)r11r11l-Tawbah, the Torah, 1be Gospel and
the Qur'iin are 1akeo to be on the same footing:
"Whom they fiod wrillen down wirh !hem in the Tora/I aod
the Gospel (.5uratul A 'rilf1 157)
In refuting those who denied 1be revelation of 1he Qur'an,
it speaks of the Torah of Moses as ~ living testimony:
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168
1; .,.xf ~>-:~1:11.11.<,::~
'.,.,_,
~~~ ~~!>'.J~~
~~Zit
.:;6~.Jit ,<~:J-:'<~t..r'r~1!.l.t At-j
~ ...... :..:.11"1.J . , .. ..U"-'Jn
\iio' ...""ii
,,
J
. .. .
!,
'!
1 .. . ~
. :;-: I/
..........~
r- '~.~....... 1.......,...,
i :,..
J.J
' Ali ' lnir~1J t~7. Al-Twbah/9. An-Nahl/05. Al Da<tarhi'.''), ~CJ. 174
170
Minority Rights
"Aud iftbey had kepi up !he Towrat and the lnjt..:! 11od 11Ja1
which was revealed 10 lhem from their Lord, Ibey would
certainly have calen Ji-om above them and from bcne111h !heir
feel; there ;~- a p11r1y of lbcw keeping to tbc moderate course.
and as lbr mos/ oftbcm, evil is that which they do." (sumwl
MA 'idah I 66)
T he Qur'iin considers polytheism and trinity as deviation
from the teachings of the 13ihle of Jesus Ch ris t, and pr.:scnts
Christianity as a crc..'d of munutheism.
Minority Righ ts
171
.. ,, _.~~ ''\"'>-!
..~~ .,....:;,,,.,.
........J ~ .........,.." ~>!
--~.
;t,ft<;...sr--.)
:-.i,) ~
-.:.,J~ I.JI
f"f. .;,~l
-- > , ..,
.I
,)"'"'
'-". v-;'_,.
...
,,,,.. , ,J ..i.;;;
J.... >
~~
. ....
~
... \..U, .:,
....
... ;.. 1,,,,1'..:...J,.u\
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, v,,,.
.
..
..
,,.
5'
(''~-~i ~ :'". ..(,1, ! ~ ~,~ ~1.or-~
~ -rs-'-':'-'-'r-r...
. ,('"""' '-'='-"
7-:.
l-
"Woe, lhen, to those who write the book with their bands
ad then say: This is from A/lab, so th111 they may take for it
small pn'ce; so. woe 10 them for what their hands ha1re
rillen and woe to them for what they eam. " (siiratul
aqttrah I 79)
'
Minority Rights
Minority Rights
173
''CIJ// w the way o/your Lord with wisdom 1md good~y exhorlaJion, and 11rgue with them i11 I/Jc best mmwer.." (sfJrn/110
- N11{11 1 !25)
174
Minority Rights
ji~1\i !.-~~_;
<
: ~,'-,:.:ii-~'~!,
l'(;J1j.
"; '1~:..1~-<d
u"'_y,.;J
,----..,.. J~'-'
~b.iititi:
,
"And do not argue witb ablul kita.b, save in the best, m11n11cr except those of them who act unjustly. a11d s11y. We believe in what .has been .revealed to us and J'cv1mled to you,
and our ,11hlh 1111d your /lllah is One. and to Him do we
s ubmit." (s1ira111 J411kahfTll./6)
"!I nd if'your Lord had ple11sed. s urely HJl tbo~e wbo arc i
the earth would b11vc bc:Jieved, a// of tbem: will you then
fore;, m en to b~omc believers?" (silralU Yn1111s I !19)
T he Qur' ao recommends gcullcoess and Hffallilily nnd
peaceableness iu religious ~rgumenls and in ~alling people I
Minority Rights
175
the religion of Allah, because it considers such a call aod religious disputation the only worthy' way for man in seeking
truth and discovering facts. Moreover, since the creed of Islam in based on undeniable truths and is supported by iotellect, reasoning and logic and on man's pure disposition, it is
in need of no illogical means.
This method is followed more clearly and humanely by the
Qur'an wirb regard 10 ihe followers of heavenly hooks who
are closer 10 truth. It resorts to a br-0ader and deeper vision in
acquainting tbe01 with greater truths related 10 rbcir ioherent
belief in the Creator of the universe, about which all th~ followers of the prophets arc unanimous, and using it as a lurning110iot in incliuiug to Allab.
The following heavenly and e1erual call clarities this fact:
176
Minority Rights
Free Discussion
Islam docs not only respect the beliefs of the followers of
heavculy Rooks, but it has also prest:rvcd for 1 h~m tile rigl\I
10 djscuss religious beliefs with Muslims witlliu the framework of intellect aod r~asoniog, anti defcud tbdr own conviction> freely and wit hout prejudice, and engage in arguments concerning lbc Islamic belief's.
The lloly Prophet s howed much respect w the envoys,
scllolars 1111d dcrgy of non -Muslim groups who visited alMedi ua, and pcanith:d them lo express tb.:ir idc11s, criticism
and prnhlcms fredy. He himself' engaged iu rca~ooing aud
discussion wi1b them, provi ng the truth and the rightfulness
ofTslam 's divine mission.
')101ilarly the Imam Ali repeatedly anractcd those who
came 10 him 10 argu..: o n rdigiou~ ma11ers by hi s logic and
lu fty Jl(ISition as a spiritual man of lea rning, and couvinc..:d
1bcm or conv.:rsiou lo Islam.
During the time of other religious leaders, too, great scholars and clergymen of ahlu/ Kitltb came lo discuss religious
1
Minority Rights
177
178
Minnrity Rights
other way for ihc fultilmeot' of ibe aims of Islam but this aud
10 make i1 worthy of the universal ideology of Ibis divioe religioo.
Obviousl:y I.be righl o f free discussion do<;s nol mean 1ba1 a
lribule agreement may be used as an excuse for anli-lslamic
propaganda and for causing doubt in people's minds or for
poisoning public tho11ght. Since ihe Muslims cannot engage
in religious discussions with their opponents except through
in1cllcc1, logic and reason, Islam, loo, recommends tbe followers of' other religi.o os uol 10 use illogic1,1l methods, to
criticise Muslim belielS in the name of religious freedom, and
in Ibis way mislead lbe public who may Lack the power of
menial analysis, or quench the llame-of hatred and prejudice
by seditious propaganda.
Tbe kind of free discussion Iba! Islam considers lcgi1ima1e
in a tribute agreement, for its opponents is a discussion which
is devoid of every kind of obstinacy, haired, l'ancour, demagogy. unfairness. fanaticism and every other self.-iuterested
motive, aud is based on intellect aud reasooiDg l!nd seeking
of truth.
Thus all misleading propaganda, demagogic dispu tes. and
seditious arguments are nol only considered an ofle.nse and
forbidden by the lribule agreements, but Tslam is also fundamentally opposed to such illogical activities leading 10 rio1
and sedition, and considers tl1em a crime bigger than murder.
The Qm" l'ln says:
179
Minority Rij;hls
191)
()oe o f the real aims of lhe Islamic jihlld is 10 eombat such
seditious and treacherous acts and all Muslims have 1be tluly
to guell tbe seditions.
The Qur'iin Says:
~ ~ ~t.i\/~
,A .... ~.-:--y-:; .:, -: ... .. .-) -; ..
,4llVJJ
, - 0 . ~~v_,,v.1.)::....~
,
" I
,"Lt .
is
wisdom and goodly exl10rlntion and.tJig1111 with /hem in the best mlim1<~1'. "(S1ln111111N,101JIJ26)
The other ou.c which lacks logic and reasoning and is based
ou wrong and selfish motives, is considered an unforgivable
sin.
We come across many verses iu 1be Qur' an each of which
condemns such an illogical argument in a particular rnann~.r
and severely criticizes those who engage in it.
In one verse i1 reproaches those whQ in Ihe ir ignorance engage in arguroeots without any logic or reasoning. 11 says:
"Calf to
Minority Righ-15
180
,.
,,,
..
..,.
~~..Ji
7L;l~~(EC:
:i.ll~i"''1:
<ci)(.J:.,,'
,~
>-. ~(.r
..
,
~ .:.!:.. ~
..;
"And if' they argued with you. say: Allah kno ws beaer
whnt you do" (Stirntu/ /iP.fi I 68)
':'.'-<!~.
T:::J{..,11 ~ > , , ....-:'. t ;' f 1\' (
i'"',., . -~ .J .:;.urr.~ .;
"And the Satans s11gges1 to their !Tiend.\ that tl;ey should
conteot with You." (Sura Ill/ !lu 'iim I 122)
Then ii speaks of'lhe ('al e ofsucb uusu~cessful individuals:
Minority Rights
181
"They argue wi1h you about thr: lmlh afler it has become
clear, 11s if they are driveJJ to dc11rb wbik they ;ww it."
(Soraw! An/iii 1 6)
Freedom of Children
We have already said that compelling otb<!rs 10 acce pl a
faith is condemned in l-~lam which considers thi s ii v io lation
of the freedom of Lhought and belie f. Now we must also say
thal [slam docs not only forbid such a 1ransgression. hu1 it
also condemos every step taken in lbis direc1io n hy other religious groups.
Therefore, as the und~aged childre n are not suffi cicu ly
mature, fhcy lack the readiness 10 accepl a faith lh rnugh intellect .and reaso11ing. The religious freedom of commi11ed minoritie,s is not a reasoo for them 10 impose their own faith on
their immature children, since, 8$ we l1avc sa id be fore, s uch
an act is a transgression againsl righl of freedom o f' 11Jought
and be.lief of the others.
Commitled minorities s hould absiaia from ~very illogical
compu lsion and propaganda as far as !heir children are con-
Minority Rights
ccrucd and they should lei them choose a fai th after their
coming of age 1brougb intcllcc1 and reasoning.
T here is no doubt that a human being whose iuna1coess is
pure and free from me ntal pollution wi ll hi mself !ind tl1e
right palb and faith. Therefore, if a child is not subject to
de viating ideas and suggestions and if his character is allowed to develop freely and naturally, and he does not lose
his Sffunduc,~s and steadfastness, upon allaining maturity and
growth, his inualc nature, will reflect bis true and proper faith
and lead him towards l(uth.
This fact has clearly been slated in some verses of the
Qur'an 1md in Islamic na-n'ations and ulleTances of the rcligiou~ lit11de rs:
;tr#~&~1~5~ ;8r;_bJr~r~~
"The natuml disposition cre11ted by Allllh. There
ch11nge in A llah 's cieation. " (Suratur - Rum I 30)
1s
no
T he fmarn a~-~adiq, explaiag the above, s ays: ' This unchangeable natural disposi1ion is mono theism and Jslam." 1
T he lmam al-Bi\qir quetes the Prophet saying: "Every
ucwborn child is bMn with that natural disposition." 1
Another narntioo tells us: "Every new c hild is bo.m with
the na111ral disposition. but its pare nts make a Jew OT a Christian OT a Magian of it."3
According 10 thi~ fact, Jslaru considers ii a great sin for religious groups hl d eviate aud mislead innocent and pure childre n.
1
2
Minority Rights
183
184
Minority Rights
, a:.
Minority Rights
>
, ,,.
:-:!1
~"':". >-:-"".,~\'\~\":"'~:i"
~_,.:..:,i.;:._,cr,,&-~r-'.,,..~ 9
~ ,,. ..;.jr..,U\.._!..tli1~.:,.0
't.~\"''..-,.t ,,, > ""'!\~A,;:
. ?"'~.. c
..r;r
AM '-,!..> -:.J 1~,,.
e ..,._,
, ..,, rr~.~~:'
~ r- ~~
186
Minority Rights
Minority Rights
187
Ibid.
~ Ibid.
Miaori Ly Rights
188
, ._,r.;l.i ~~ J~ .:,.. ..
'Tk wbo changes his reli,s>ion sho uld Ile killed. "'
~ome
1
Minorily Rights
1119
when aposrasy results acnong the three religious such as conversion from Jewism 10 Christianity. They hase their opinion
on 1be idea that infidels arc ~oosidered as one oat ion aud are
regarded equal by the tribute law in lslam.1
We will discuss this matter further iu chapter six of this
book under th~ title, "The Lodir~cl Violation or tlie Tribu1c
Agrcemco t. "
Ibid.
3. Freedom of Dwelling
192
Minority Rights
2.
T hc res idence for an acquired citizen (co mmitted religious minori1ies) may be several.
3 . The residence for the said groups is 001 a pcrmancnl
math.:r, and they C<tn al any time cbauge 1hdr residence or
leave Muslim lands.'
In view of wbal bas been said concerning the freedom of
dwdling. ii becomes dear lhat lbc commillcd rdigio us minorities ar" free to mov" about withi n tile Muslim realm and
lo i.:nl.:r in, or tlcpart from, the lslarnic counl ry. llowcv.:r entering lite couniry depends on lbc conclusion of 1he Tribute
A6'T<:emcn1 .
lier.: we musl 1ioi n1 ou t chat whal is cousidcrcd as freedom
of d wd ling and a necessary and iucviiahle part of 1h.: Tri hut.:
i\grccmcnt, wbicb must be obscrved by thc Islamic socicty.
is the ngh1 of residence which , in some ca~cs. may b.: limil..:d
and restric1cd.
Prohibited Zones
Jn 1hrcc cases the freedom of dwelling is restricted in respect o r !he religious minorities.
lbi<l . I" l 98
wbcr~
Minority High ts
193
Ibid., p. 47 .
11
194
Minorily Rights
mosque nor aUow 1he m to stay there.' The Shaykh Tosi, although approves of such an act, adds in the end tbal the
Muslims bad belier abstain from it.
Some jurisprndcnts,, supporling lhe former view aUowiog
non-Muslims; e ntry into the mosque by means of official
permissions, say: "Tbe Holy l'rophel had aclually in some
cases allowed non-Muslim religious groups to enter the
Mo~quc. for example, be received the depu1ie~ of T baqif iu
lhc mosq_uc aod pennitted lhe m 10 stay there. He also order.M
Thumamah ibn Aihal to be tied to a pillar in the mosque, and
allowed Ranil Qurayzah and Danil Nacjir captives to stay for
some lime io tbe mosque.
3.
Miaority Rights
195
196
Minorily R:ights
Minority Rights
197
.,
judicial Independence
1.
Muslim.
3.
200
Minority Rights
-:~~; ~
.,.. '
or
-:s;1J:fr:.,
>'." -<--, i. \'
./ ,.r-r.::
~ I:/"
''. . .judge hwwccn !hem by 1vh11t A llah has n:: ve:iled, "This
' lbi<l., vol. 2, p. 652.
' Ayillul A &~<f!ll, p. J92 (hthgrnphic c<l.)
Minority Rights
201
.::,. b
.. ,..,..
~~ii.~ ~;.1\.)1
.
... ..
6 - '.;.~~
;jt ,.~ ., t--~ \;~.)1.:-J'
$.;
202
Min!)rity,Rights
"A nd how do /hey make you a Judge while /hey have /he
Torah wherein is Al/Rb s judgem enl ? Yet /urn back nl/er 1h111.
nnd /hey 11/'e 1101 believers. "
Thus the Qur' au expresses surprise at the Jews for appealing to the Pro phet for justice, whereas they have the T orah,
their religious book, in hand, and can see the verdict of Allah
in ii coocerniug their differences; but since Htcse verdicts do
not correspond with their desires, they come lo lhe Prophet
for justice though they have no faith in revelation and bis divine Book and his propbetbood. Whal kind of an appeal is
this?
T hey would even tum aside from lhe Prophet's verdict if
they found it contrary to their desires. They have no bdief in
their heavenly Book, the Propbel of ]slam, his judgment and
verdict, nor in anything at all. Accordingly the Qur' ao has
Jell it 10 the Isl amic courts to decide whether to accept the
minorities' appeal or not, so !bat Ibey would accept the appeal if they fell that the verdict given hy the court would be
considered binding by the liligaut parlies. Rut if they realise
that there exists evil in1e11tion, disbelief and plots against 1he
203
Mino1ity Rights
Fair Judgement
11.1 any case, the Islamic CO\lrts have the duty to judge fai rly
1
in 1be di.splltes and differences betwecn Lhe non-Mus.li01
gfoups, as they do i.n 1be case of 1he Muslims, and avoid
every unjust d iscriininatian and partial judgement.
T he Qur'an gives an empbalic command 10 the Propbel of
]slam in Ibis connection.
eq11i~y; $11rcly
1\/!a!t
"And when yo11 j11dge be/ween pepplc, you judge .wir/J justice. " (S11rat11n-Nis11 ' 1 58)
(Surawl
,\J$'id11b 148)
':'>o judge l>ctwcc11 men with jusrice ,wd do nor fo/!o w the
wbim. " (Siiraru Slid 1 26)
Thus religious minorities can with assurance refer
10
1.he
204
Mi no rity Rights
Third View
Another vi<"w is expressed concerning the appea l of the
non-Musli m groups lo Islamic coUJ1s according to which Is
lamic courts arc bound 10 accept the appeal of the commillt!d
rcligio11s groups for justice, whereas they can refuse tbe ap11e11I of the uueommint:d ullicd groups.'
Tbc supporters of this view resort lo tb.e fo llowing argumcot:
The T ribute Agreement and joint treaty which is concluded
between we the Muslims and the three religious minorit ies,
m Rke it necessary for the Muslims to take the requin.:d step in
removi ng every inj ustice aud redress their legitimate rights uf
Ii fo, prnpcr1y and bvnonr.
Undouh ted ly, the performance o f such a duly in the case of
1
Minorily Rights
205
206
Minority Right!<
207
Minority Rights
heari ng them.
Some of tbc Sunni j urisprudents believe th 111 wbeo the li tigant parlics beloog to different creeds, the Muslim judg~s ttre
duty-bound lo judge betweeo them for I.be litiganl parties du
001 recognise their own religious courts, and arc 001 wi lling
lo be tried iu a court opposed to their religion. In s uch a case
the dispute between lbem may produce mischief and injus-
tice.
But considering the Cltplicit purport o f the verse No. 42 of
sOralul MA' idab, it must be said 1ba1 in b01ll cases I.be vcrdic1
o f the verse is the same, and 1be above rea~oning could be
correct if 1bc view which is op posed 10 the acc<1plance of tbc
minoriti es' appeal is rcjcc1ed, whereas acco rdi ng 10 1be view
of option, in cases where the refusal o f litigant parties to be
tri ed in !heir own courls may produce disturhances, mischie fs
or inj os1ice, the Islamic courts wi ll accept !hei r app.:11! for the
sake of social expediency. The above reasoning is 00 1 the n:fore incompatible wi1h !he view of !he Islamic courts' <>pt ion
with regards to !lie minoritjcs' appeal, and is in pcrfecl
agrolemcot witli it.
This option is also tru~ in a case where o ne sid.: uf 1bc li tiganl parties is a tributary aud the o ther side, an ally or a
member o f uocommined !,>Toups. Similarly if bulb sides a re
optio n for the
a llied, or immune or uncommiu ed, the righ1
reasons mentioned befor~ is preserved, a1ld in nu e ase rhe Islamic judges are forced to accepl any appeal without the need
o f an expediency.
or
201)
Minority Rights
209
Capitulation
Capitulation is a lemi used for treaties aaccording to w l11ch
a foreign government is granted some rights of sovereignty in
auother count1y , lhc mos t impor1an1 o f w hich is Che righc o f
judge me nt and e nforcement (If punis hmcn c from whic h the
citizl!n~ of the foreign govcromcot benefit. Capi1ula1iuu is an
unusual s tate o f affairs which is iocompacib le with iudependcnce and national prestige and contrary to tbc principl es
prevalent among civilised. 111dcpcndcnt nnd fr~ nations.
In view o f w hat Islam has resolved concerning the judi~ial
independence o f the religious minorities {who ar<.' noc formal
citizens of 1hc couutry), the legal value of lhe sys1em or c u' SpeciNI lnlcmtionl !Ng/its, pp. 9 1-94.
210
Minority Rights
or
Minority Rights
211
~~1)i.;~'.:h; :..-:'it1f;:.1Jt~~;li(
t.1
<
,,, '""'6':.~1. ~ t-~'.<,W "'i.\'t-.r.J Gii
~ ~'"' -u:.z.~~ ..... u1.':l!..i..Jl ,,.,.,..,.u...,.;.
"Surely 11/lah col1l/JJ1wds you to hund over the tmsts to
their owoers 1111d tb11t when you judge between people, you
judge witb j ustice, surely Allah admooisbcs yoJJ wilh wb11t is
excel/cot; surely Allah is Seeing, HeMiog." (Siiratun - Nisli
158)
ll1c Qur' an rejects the arbi1ra1io n of incompetent and un 1
The dc1Ailcd discussion cont<: ming 1h.: 1n1terniHional ubitral ion :i.ysh:111
in the Islfunic h''v is oul of 111<: or'iginAI 1li111 of 1h1s book. An expanded
discussion of :uune \.\1ill :>cpan1tely be pl'CSCntcd later to 1ht conc~rncd
readers.
Mi nori ly Rights
fair pe rsons and forbids !>leading by such (alsc judges:
Another Privilege
The religi011s groups living io au Islamic rea lm uodcr a
Trihule Agreemt!UI aud having differences wilh Mus lims, can
in so far as lbe condilions of lbc Trlbulc Agree111e111 and reciprocal commitments permil , beueli1 from lhe law of arhi lration: This is possible if a demand lbr arbi1rn1io11 is mad.;
before applying to judicial cou.r1s of the Muslims. Bui once
the verdict of 1be competent Islamic cour1 is issued co11ceming the dispute in question, the coofcdcratcs must respect a11d
obey it according to their undertak ing in 1hc Trihu1c Agrecorco1. For as we. stated in dJap1er four, lbc acc<::p1'mce 01: and
rcsp~cl for, lhe Islamic laws and regula1ions of Muslim
cour1s is a delin ite duty o f the committed religious groups
and tbcy cao1101 disregafd 1his Jespoosibility. la personal dispules, too, cvc.n when on~ of the parties is a Muslim. 1hcy
may agree upon Mu.~l im courts and choose a pc rsoo or persons to arbitrate and settle their differences.
214
Minority Righg
Minorities
Tbc general order of the Islamic economy is based ou
(bid., ch, 28, b,1dJi/r. J.
Ibid., {IRclillr. 2.
' Ibid., (Ind/lit. 3.
1b~
Mincnily Rights
215
Freedom of Conuncrec
Io tbc secure eovironmcnl which is crcakc.l th rough th"
conclusion ofth.e tribute agreement belw.:.:n thi;: Muslim~ and
the other religious gro11ps, lslam permits every kind o f ctonnmic activity including commerce for these' 1iliuorilies and
guarantee their freedom in this field.
Whal is worthy of nolic.e is that the meaning of freedom o f
comm<:rce is not thal religious minorities have the right to
engage in every ly.pe of coinmercial ac1iviti<:s. It rather means
2 16
Minority Rights
Usury is Forbjddcn
It is sl ipulatcd in some of the trea1ies 1ba1 the Prophe1 had
concluded with lhe religious groups of his lime tbal the alli es
01us1 abslain from usury. Though lhis condition which wa~
agreed upon hy hotb sides seems 10 place a limital ion on the
r1hsolutc freedom of trad ers and merchants of religious
groups. ycl it m usl be remembered 1ba1 lbc imporiancc of this
mailer is due 10 its being a part of the decisive policy of
comba11iog usury adoplcd by Islam in the economic sys1em
of the Islamic sociely.
The dang~rs aud evi ls or the system of usury are 1<>0 clear
IO need fu n her explaoa1ion, since 1his ruinous ccouomi c mischie f: which is dragging lhc deadly feveri sh world economy
towards dca1h, is lbe cruclcsl type of coloniu1iou and lhc
Minority Rights
217
218
Minority Right~
Minority Rights
219
of
220
Minority Righls
Holy Pmphel in bis relations with lhe allied Jews and Cbrislia!ls is a good example of Ibis economic, social and political
scheme of the tributary law a! an international level. Th~
Prophet camoo on transactions with lhc Jews of al-Medina
and received loans from them. The Imam Ali bad similar
dealings with the tr ibutaries 10 the extent of hiring himself
out 10 them in fanning as a wager. He mad<: no distinction a
Musliin and tributary in this respect
111e question of c ustom duties anti iaxe.s etc., are out of this book. The
co1n1nercial obligations of the tributaries follO\V the general cconontic
policy of the .Islamic stale.
Minority Right$
221
turary zone. As for the o ther parls of ibis zone, tbey may not
enter them without an ollicial permit. If they do, 1hey will be
liable to punishment. But this punishment should not end in
death o r captivity due tn their conclusion of a joiol 1rea1y
with the Muslims. When they enter al-t]ijaz with an ollki~J
permit, their intcntioo is suh.iecl to inquiry. If' 1heir entry is
for the purpose of such mauers that are in accord wilh Musl im interesls ~ucb as the delivery of a messag.: or acling iis
depu1y for concluding tribute agreements, or carryi.ng provisions needed ~y the Muslims. they may enter al-J:!ijilZ without paying duties. But if their entry has nothing to do witb
lhe Muslim interests, or if they intend to engage in commerce
in al-l:Iijaz, they may not do ~o wi1bo ut paying en1rauce durie.~.
Jf the tributaries enter al-l.;lijiiz without a pcnni1 and without the paymeot o f duties, they will he requ.ir.:d by the Muslim leader to pay 1he duly as is 1be case with those who have
a permit Some jurisprmlents are of the opioioo tbat it1 such
cases the tributaries are exempt from the paymeot of obligatory duties. This view bas won a strong suppon and the reason given i.s tb81 since they have had no commitm~nt in this
mauer, they are not liable lo such payments. It is als.o said
that they are lo be lrealed in the same way as the Muslims arc
in non-M uslim counlries.
If tbe tributaries engage in trade in al-l~ijaz zone, they
have to pay an annual tax accordi ng lo the terms of 1be commercial treaty concluded by them, and there is uo dilforcncc
of opinion among j urisprudents concerning this matter. But if
ll1e uncommined minorities who have 110 pacl wi th 1he Muslims engage in trade, ii is advisable to require th~m to pay
222
Minority Rights
as
Minority Rights
223
224
Minority Rights
authority.
Freedom of Jobs
Ill addition 10 commercial and economic activ ities, religious minorities are free to choose any job or profosslon which
is 1101 contrary to lbc tribute agreement and does 110 1 CHusc
mischief and disorder in the social system of 1bc gr..:a1 Islamic allied society. The 1ypcs of jobs aud professions fo r the
commined religious minorities include productive aod industrial occupa1ioos, Medicine. teaching and the Like Ahhougb
the right of engaging in these professions is a pHrt of the
1ribu1c agreement which 1he Muslims must guaran1cc, ye1 its
details and cases arc subject to changes to be agreed upon in
the 1cx1 of lhc agreement.
T hus this right is preserved for the Muslims iu c11scs of expediency and accordfog to the judgment of the leader of the
Muslims 10 close the door of some of these professions to the
c;ommittcd religious minorities. Such an excep1ion and limi1atioo may also be made iu commercial and economic matters, to be stipulated in the 1ext o f the agreement in the interest of the Muslims and the Islamic society with regards lo
tributary individuals or groups in their economic or commercial activ ities. Aul wbcu such maHers are not stipulated in
the agreement , 1hc relig ious minorities will have full freedom
in these activities and io 1bc choice of professions.
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Minority Rights
liefs, have diviscd certain rules for marriage which they follow.
Islam's realistic attin1de always regards such facts and
evaluates them and consequently to this ease it has, witbout
any prejudice, recognised the laws and traditions of various
gr011ps and creeds which are accepted by them conccmiug
marriage c-ontracts.
TlJe Allamah al-llilti says iu tlJis connection: "The mar.riage of the iu.fidels is legally right, and their status remains
intact on the basis of that marriage eveo when Ibey are converted to Islam or when they appe11l to an Islamic cour1 for
justice. 1
lo the Qur' au, in the sOrah of Abu Lahab, where AbuLahab and his wife are berated for their hostile acts, v.crse 4
says: "A.od his wife, the bCMc1 of kindling. " In this verse
there is an implied recognition of the propriety of the marriage between Abu-Labab and his wifo, in the same way what
is stated in another silrah 1he legality of marriage of Pharaoh
is recognised.
We may say io support of the al>ove view that the nonMuslim men and women who appeal to the Islamic courts in
their marrfagc problems, are lried according to 1be marriage
laws of ibeir own creeds since such a marriage is legally acceptable. If both of the noo-Muslimscouplc convert to Islam,
their marriage will be considered legitimate as bdore, since
if it had n ol beeo legitimate before convcrsiou, JlO change
would be legitimate after 1beir conversion.
Some Sunni jurisprudeuts, such as Miilik. say: T be marriage of infidels is not valid shice they have nol observed reI
Minority Rights
22'7
228
Minority RigJ>ts
to the Islamic cpurls or courts of arbitration 1 are settled according to the laws of their own creeds:2
book.
2
Ibid.
229
Minority Rights
position anc1: the like do no1 determine the equality of a husband and wife. The only criterion for the equality o f the
couple in Islam is faith aod belief, and this pri nciple makes a
man wo11by of. and equal to.' a Muslim wom:111, and vice
versa.2
This fact should not be forgotten that in married life a
woman is subordinate to a man's will owing to a number of
psychological and social rcasoos. Even if we do not acc.ep1
this fac.t as something natural, we cannot deny it as customary in many marriages in most social environments.
Naturally Islam cannot i!,.'DOrc this fact and be indifferent
to ifs consequences. Allowiug the marriage o f a Muslim
woman with a non-Muslim means being indifferent to the
Muslim woman belief in the fa~ of the daog.:r that threatens her. It also opens the way for her deviation towards iofi.dclity aod thus a large number of Muslims would fac.e apostasy. Obviously this bitter fact is wholly contrary to the
authentic goals of Islam and cannot be accepted by a religion
which claims to have u niversal mission.
:s
The Qur'an re fe1'S 10 this question by saying: ..And ~ed not (believing.
\Votnen) to idolfltors until they believe; for cenainly a believing slave is
better than an idolater,. evenclhough he should please you." (2c22)
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Minority Rights
-111e sai<l period, according to Lhc iJrditli and 1h..: jurists sH1teu)eo1.s, is
tho SHn1c .as 1ha1 for divorce grace.
l Sliar:i i''u/ AJ1k,1J11, 111e book of mrnge, ch. 4,
1
WnSii '11ush-S/li 'oli, Vol. 14, p. 420.
Minority Rights
231
enly books and all those who have a lribute agreemenl wilh
ihc Muslims remains legal if one of the couple is converted
to Islam. Bui lhe husband bas no right to take his Muslim
wife out of the Islamic realm, and Ibey cannot sleep together
at night, though in daytime they are allowed to. resume tbeit
common life. But in the case of the polytheists such as the
Arab idolaters etc., U1eir marriage is suspeudcd uotil tbe
termination of the grace period. If by that time lbe husband
bas convetted to Islam, his Muslim espose will remain bis
wife. But ifbo bas uot, or if conv~rted after the ~xpiry of the
time limit, lhey must separalc and husband will lrnvc 110
claim on his Muslim w ife."'
Most jurisprudents have weakened this view and have expressed do11b1 about bolb the .above (jadiths owiog 10 the fact
that they bad been quoled as "mw:~al'; (111di//1.5, some of
wliom arc unknown. To prove 1heir view, they have relied on
the following ayahs of the Qur'aa and other Tradi1ioas 10
show the identical verdict issued on lhe trihulary cou1>le.~. and
011
non-tributary .couples:
232
Minority Right~
Minority Rights
233
lO
Islam
234
Minority Rights
to Islam.
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235
"And the c/Jnste from amnog the believing women 1111d 1.be
chaste from among those who have bet:n given 1bc Book b<>
fore you. .
As for lbc narratives, some of them d"nole an Ahsolute
pcm1ission, while olhers l\lrbic.l it. In some oarrnlives ii is allowed in case of exigency' and in otber 11Arra1ives it i~ pcrmined with the s imple-minded women o f ahlul kitatl and in
1
1
236
Minority Rights
01bers, as a 1einporacy marriage, t and lastly when the husband converts 10 Islam while the wife remains a Jews or a
Christian, their marriage remains intact. 2 In several o1her
nacra1ives, the marriage of a Muslim with a Jews or a Cbrisllan woman is allowed in case he has no Muslim wife. 3 In
another narrative the probihi1iou is conditioned 1ha1 bis Muslim wi fe would nol permit him to marry a Jewess or a C hristian womau."
The supporters of the prohibition view base lhdr argumenl
on 1bc above 1wo ayabs 5 forbidding marriage wi1b tbe poly1heis1ic and infidel women, and concerning 1bc llyahs which
is depended upou by the believers in the permissibilily of lh<!
marriage, 6 is relied on for believing ci1e a numb~r of oarra1ivcs1 to believe that the two said iiytdi.~ have abroga1~-d the
ayah No. 5 of s1iratul Ma'idah, and they support lht"ir argument by lhe purport of lhc said narratives.
But those wlto supporl the view of absol.ute p.:rmissibility,
have rejected the subject basing lheir argument 011 the fact
lbal soratu/ M1t 'id,,f1 w11s tbe last revealed silrah of the
Qur' lin, consequeo1ly, this sorah may abrogate earlier s1lral1s,
but not i1se_lf. Moreover the Prophet bad ordered the Muslims
lo consider what is )la/iii in this sorab is IJ11Jiil and wlrn1 is
bar/Im in i 1 is (111rii01.8
1
Ibid., p. 415.
' Ibid., p. 416.
'lbid., p.418.
' Jbid., p. 415.
l SOrffflll Bil(jP(iJ!i22 l ~nd Sorntul Mumta.(111m11hl I 0.
Sor,11u/ U1 'id,1/115.
7
WnsA )'/ush-Slli'ah, Vol, 14, p. 410.
' The Prophet is quoted lo have said: ''SQrHtul Ms 'ido/twas the las1 re vclcd of the Q ur'An. So, allow i1s /)n/ltl and forbid i~< [wniru." Al-
Minority
Right~
237
of
.J':'. ,
"'-' U!,
'
.. !"""'7 rr:
Tod11y (It!/) the good things 111e allowed to. you, 11od the
food oftlwse who hove beeo given the book is /nwliil for you
andyour food is lawful for th~m; and the chttsfe from ilmoog
the believing women ..... "(sor.110/ Mli'ida/J ./ 5) Shows this
matter 001 to be abrogatable.'
Another point is tltat if we consider the term "polytheist" to
cover ahlul kitii.b, the said ayahs will not contradict each
other, and so the iiyab of sorttfu/ M11 'id11b will act as a confirmalion, whereas according to the prohibition theory one
Tbrasi, quoting al-' AyyasJ1i according to bis authorities, and 'Isa ibn
Abdullah, quoting hi< father on the uthority of hi.s grandfather. quoting
some of its
touched the ground, nd the Prophet (S.A.) fainted. pulling ht> hn<I M
Shybah ibn Wahab ibn l-Jumal)i. Then the Messenger of Allh (S.A.)
c11n1c to and roecilcd 10 us .~01~11u/ M11 'id,1ll. S.o , he acted accordingly, and
\\.'\)did, too..
1
l3y observing 1he \Votd "this day0 v.hich JJUttchcs 1bc s.11111..: as in thi:
previous Ayah, the subject v.iII he exrlaincd.
238
Minority Rights
I
priority.
Ahhougb this discussion requires further elabornlion, here
lbe size of the book compels us to refer the reader to our
1rcarise, Ilisiilalul-Wnjiza which discusses 1he mau.:r at
length.
lb11i. princ1plc is a basic 1'Ulc: \Vhich hsd been so 1nuch di:i;cussed. For
I
Minority Rights
239
Cao a man divorce bis wife for any reason'/ Jesus answered!
Have you oot read tbat He who created first. created a mao
aod a woman. for this reason a mao leaves bis father and
mo1her and joins bis wife and both make a sioglc being.
Therefore, after this unity, they are oo longer two, and man
cannot separate what God had unilod." Tbey asked: "Why
then did Moses will that a woman should be rdeascd by
means of divorce'?" Jesus answered: "Moses allowed this because of your bard hearts, bu1 it was nol so at lirs1. I tell you
now, whoever divorces his wife, for other tbao adultery, then
marries another woman is an adulterer.' According to these
lexts, lhe Christians believe 1he man who divorces his wife is
not allowed lo remarry, and the divorced wife cannot remarry. Oivorc.: is only allowed in case of adult.:!)'.
As a matter of fact such questions have been s1udied by
some of 1bo Christiao leaders for 1h~ purpose of modifying
these laws, which are still among the problems facing 1h~
Coun of the Vatican.
In any case, the divorce. regula1ions lik.: the law of marriage, is carried out according 10 1he belief and creed of the
minorities, aod whatever is done in Ibis cou11ec1ion wi ll be
legally valid. In cases of any diffcrcoces in these matters, the
problems are settled in the minoritie~ couns, and as we said
before, they can also refer to the I.shunic couns to settk their
disputes.
Inheritance Law
Religious minorities, owing 10 their relationship 1hrough
lineage and 01arriage, act according 10 1bcir own law in mat1
240
Minority Rights
Tabdhibul AhkP11<
Ibid.
' Lineage rolativc are those who have blood rcl'lionship, and the Other
poup are re!Ativcs by marrlgC.
According to this opinion, if the heir is a rela11vc by bolh lineage ond
marriage, inherits on this basis. similar to lhc Magion Law eooccm1ng
the man who marries bis mother, if the wife dies. he will inherit her as a
son and as husband. For further details refer to Jawahiru/ Klllm Md
T.1hdhibul l1(1kllm, Vol. 2, p. 438.
242
Minority Rights
Minority Rights
243
bricatiug grease for the social machine, resulting in tbe accclaratioo, propriety and right production of the whole system of the allied Islamic community.
A Muslim is benevolent, kind and sympathetic in bis social
re!atious, possessing the quality of fine demeanor, gentleness,
pity, flexibility, purity, sympathy, chivalry, optimism, honesty, sincerity and love for serving his (ellow-crea1t1res. He
sbo ws no trace of violence, oppression, injustice, cruelly.
quarrelsomeness, ambition, ingratitude, unmanlir1ess or being
a time-server. He is not only so with his co-religionist, but
this is a oarur~I revolutionary result of h~viog been educated
by the moral aod educatiooal school oflslam. 1
Social Customs
Jn their relations with the commiued religious minorities,
Muslims do not only -act according to moral principles -and
human duties, bm also expand good relationship to the extent
of respectiog the customs aod traditious of miooritic.~. As
they visit tJ1eir co-religionisLs in time of illness aod help them
in ditlic11lties, th~y bebav in a similar maoo~r towards minorities, tJ01 ouly towards tlte living but also towards their
dead, and do oot ahslai.o from payiog the custo1J1a1y tributes.
TIJe holy Prophet whose words aod acts arc models aud
examples for all Muslims and criteria for the Islamic injunctions and duties, acted iu 1he following manner with the religious minorities who were 1mder Muslims protection: He visite.d the sick, took part in the funernl ceremonies of their
1
1'<.1 b1: brief v.e refrain fronr slitting the llya.hs and .na1TI1tivcs c;;onc..:1ning tho dcfai1s of lhC Isla1nic ethics. The reader n1ay rcfCr to the relevant
books on ethics aild elhical (111d11h:..
244
Minority Rights
Minority Rights
245
say 1ha1 you were going 10 Kufa-r' Ills comr amon answcrod
it1 n friendly manner: "Yes". The man. who wa, 110 1 sati<Jkd
wi!h 11!!$ answer, asked again: "Wh:; lhcu arc you commg
this way? The road to Kufa is the 01bcr one."
Tbe Imam l\.li, with a friendly toue, said: "1 want to escort
you for a part of the way. Our Prophet has said that when two
people become travelling companions. they will have a claim
upon each ot11cr. Now. you bavc a claim upon me. a.od for
Minority Rights
246
that re11son I will o:scort you a few steps and will then resume
my own way."
The man who was either a Jew or a Christian, moved like
the one who has discnvered truth, said: "Ob! II must have
been your Piophet's generous nature which enabled him 10
win such an influence and power among the people lo spread
his faith so quickly in the world."
Thal man's amazement reached its height when be discovered later that his travelling companion had beeo none but the
powerful caliph of the time, Ali-Tbn-Abi-TAlib. He wa.~ so
overcome with deep emotions that eventually he hocan1c oue
of the most loyal and devoted friends oftbe tmam Ali. 1
J;.J);'t~(_j~)~rJ~.j~~-1
Z,.L
;'jf.e.......,
.! .Oi!)'
..J1H '~' ?..:-"= .~.~,., .
., ,, l'J;"~J....-..1~.:.i ...,r.,.:.=
"God does not forbid you respecting those who h11 ve not
made w11r against you oo accouut ofyour religion. 11nd have
/Jot driven you out otyour homes. that you sbow kindness
1
''
Minority Rights
247
,..
246
Minority Rights
f./;.1~~Yrs;: .- .1..:.:;( t-'' ~:,\~{ ' :I : ~- L~
~' ,. -"... -~~.> V'J ~ - ~-.....:..r~ '.J
111(;.~-i'
< ( i'
~t:::i1.,t:<.,1;:_.:;;;.'-le..
.;, ;:,-.~ '> ~ ._,... !"*' ~ . ;:,:~ - .:.:
,,
'-~u
J.~;i.r~~ ~ ~;,t:.~;,
"MatJy of ahlul kilii.b wish they could turu you h11(:k into
disbelieves afler that y ou arc belie ving out ol envy from
thomse/ves, CVCIJ Hiler that the truth had becom" n11wi/Cs t to
tbem; ncverthe/es~; pardoo and forgive (them) until A llah
brings about His comm11od: Allah is capable of(doing) everything" (Sura1u/ /Jaqar11h I 109)
And in another ayah it gives a general instruction, preforring pardon and remission 10 ro:vcngc:
"AtJd i f you punish, tbco p unish the same RS you bad been
puoished, but ifyou be11r pHtiently, it will certainly be best
for the pa1icnt. (S11ratun-Na'1f I 126)
Many fine e1tamplcs of pardon and connivance arc reponed from the Prophet towards the Jews of al-Medi na,
showing bis deep interest in preseiving good rdat ions with
lbc allies of the Muslim,5. Once an auempt was made by a
Jews on the Propltet's li fo in the House of the Jews, hy off~r
ing poisoned food disregarding 1beir joint agreement. 1he
Prophet did not allow the slightest puuisbmeot for this serious crime.'
On another occasioo. A 'isbab. tbc Prophet's cooson, was
si ning by him when a Jew entered and instead of the custom
ary s11l u1a1iou of "as-sa!Amu 'a/aykum" he said: "as.~llmu
't1lnykum" (death to you). Soon after another Jew arri ved
1
U~Mul-KA!i,
Minorily Rights
249
using the same expr~sion. This showed Iha! ibere wa.~ a plot
by the Jews io hurt the Prophet 'A' is!rnb cried in 11ager;
"Dea1b upon you and ...." But the Prophet advised her 10 ke.:p
silence and said:
"O 'A'isbah, Refrain from abuse, since abuse, ifemh-.xfo:d.
assumes an ugly shape, whereas ge11llencss and fortitllde
make lhings beautiful and embellish !hem, while t11eir absence diminishes their be~uly. Why was you angry?"
'A'ishah, who was surprised al the J>rophe1's forli1ude.
said: "O Messenger of Allah, you not see wilh whal impudence and shamelessness they abuse you insl~-ad of gr..:~ling
you?" TI1e Propl1et answered: "Just wn'111Rykuni' (and lo
you) is enough."1
[o some cases. the imJ>Udcnce and shamelessness of some
mi11ori1ies who enjoy privileges under ibe Muslims pmti;:ction, bad gone beyond the lin1it, and this insolenc~ was 001
only shown to ordinary Muslims but also towards Muslim
leRders. But this rancour did not prcvcnl the Muslims from
acting upon their du1ies on 1he basis of !heir joint greemenl
and conniving al hos1ilc behaviour.
You have Iead two examples of lbis connivance by 1he
Prophet. Now we offer you another example of lhis conduct
in an encounter between a non-Muslim and lne lmam Muhammad al-Baqir (A.SJ, the tifib Imam of the Shiiles. In order to insult lhe Imam, the man said: you are 1be Baqar (a
2
cow). The Imam very calmly replied: "I am no!;; Baqr, my
' W.1.<5 'Hus/J-S/Ji'a/J, Vol. 2, I'- 2 I 2 (quo1ing Dilstan-c Rlistiw, Vol. I, p.
ll 1.
.
1
The c: hristinn u1isused the \\1ord ''Bilqlr", iwh1t.:h is dcrivc,;d tion1
"baqar... which 1ucans: ..to cle.ave", !;}$ he use its othl;!r 1ucaning, i.e.
~C'!)\\'" ,
250
Minority Rights
oah I 7).
1
Minority Kight.s
251
1 / -:.... ......-..
~~t
. .. ,,, -~ ... jn~1:
&.ili
,
,. ......-~~~:... . :::11ii1L;
... , . .. - ~;:;
.r ~..~,
,,,< ,
' ~ " l-:
! ......... "'' """ ~ -. ... t f ~ ~.;
-..;..>~JI;_;.:. <.;./).11, >,.:f;.11r-' .J.~iJ:..S....;131....:.u~
---T> J
.:,.G..:;. ..~'j
"~ f"i! , , , ., .. /
-
\J.J. .
- ...-+' J ~.)J ~
~
First Fact o r:
Some o f .the Christians are priests who arc the clergymen
and !he theologiao of Christianity. The presence of such
people among the Christians is the gr~ factor in elTcctiog
closer 1ies of friendship between the Chris1ians and the MusJiJns, since as clergymen they are wcll awRrC oftbe mallers of
religion and ils facts and trntbs. blam, which relies ooly oo
intellect and reasoni ng, cao bcocfi1 grc111ly by thes~ learned
men of religion, whereas those wlJo lack spiriluality. know!-
252
Minority Riglits
edge mnd perception c11naot m1dersU.nd tlae tr11tl1 of the ls!Amic fui1h ms ii is.
Pa.~1 !~isf()>!"y. too, tes6iliies to 6bis fmcl. The irs1 groups
winicb were OO!!Ver'loo to llliam. roilowing their survey lll!ld
i.nw~uig!!i1ions, were. Cb.ds1ian l'riests and meu of learnicig,
1md lheir i.:ouve:r,;inll WllS quali1111ively of great value to lslam
wl1icl1 is a religion of i111cilcc1 mid r~-asoning.
Oct tlile other hnnd iGis cieiir 1ila1 when 1tiem exists a greKter
dt!gree of knowledge and spirituality, lhcrc will be k ss
pre_ji1dice, eomily, rancour, violence, a111i-human and nntilogica! behaviour. Thus file presence of sucll men of religim1
and knowledge proves very lieoelicial in 1he estahiisilm<!aJI of
good friendly rela1ions. Natllfl!llly, p~eudoclergymen &fl! oul
of our discussion.
Second Factor:
Ano!ber factor for closer frieodship helwel!n lh.: Mus lim$
amd 'the Christians is tbe group
monlks ;iid as.:l.!~ics wl:o
have given up worldly motives a11d mu11d~m: iMcr.:sts foi Ilic
sake of devotion aod s.ervice 10 God. The n::ason for lhis 1s
ctei1r since they are very close lo erutllr. and are bcticr prer aroo
lo ccicournge Gbe spirit of frie1111lship mod lhc elimina1io11 of
rAHlicoll!r and e11mily. Knowledge 11111d practice arc 1wo s1n1ng
pillars of the happinL>sS and progress of cYery soci~1y.
,,f
Third f actor:
Having no pride, arrogance or obstinacy againsl ltuth undoubtedly manifests 11 greater readiness 10 accepl lhe truth
and reality and cause flexibility of co-existence Wi th others.
2. Wb'at is meant by affection and friendship here is uol a
253
Minority Rights
254
"M11oy of' 11.blul k it1ib wish th11t they could tum you back
into disbeliever.; aflcr y our faith. (silra111l IJ11q1m1h 1 109)
(""""~..la#
-~-e>,1,. ..>,
, ' Jr'UV.Jr-t'"~
. : ~.-- . ; 'f:.
r-J,...t.....
255
Minority Rights
"0 you wbo believe do not tllkc my t:nemy .and your coemy for friends: Would you offer them love while they dc11y
whar bas come to you oftbe 1ruth?" (soratul Mum1a/linalt 1 1)
"If Ibey find you, rhey will be your enemies. and will
strc1cb fortb 1ow1uds you 1beir b1111ds and their lnngues with
evil, find they ardently desire I/ta/ you may disbelieve."
(lbid /2)
I., .
. ~'-'>-'
/ ~ -: --~!~"'" ~,...:.i.
>>, -~~ .. ~..... '':l ~- ,..,,.(.: ...:, ..
.....,_,_,...,.,, (""!
J~j> r--"_,..;..r. .... , >J
"How can ii be while if they overcome you, will rhey honour any pact or obligalion with you?; they please you wirh
their mouths wbilc rbeir hearts refuse to and most ofchem llrC
transgressors. "
In other flyah.f the Muslims are reminded that th~ir o nly
guardian, helper, friend prote(;tor, suppor1 and refuge is Allah, and if the stretch their friend ly lrnnds tQwards the non -
Minority Rights
(silraru/
Pf'
"L :J(J' \"".t':<-j'
'.Y'-"' . ,
~J 'J
1 "'
_L11.......
r---
" What do rheu those who disbelieve think that ibey c11n
tllk1;: My servanrs ro be g111udians besides Me? Surcly We
/Jave prepan..'<i Hell as 11 lodging for ibe disbelievers. "
Minority Rights
'f.5 7
M11slims:
"Only Allah 1:~ your (}u11rd1;w find Hi,- Messc:ngc:r 11nd 1/wsc
wbu believe, those who keep up the $fl/lit and pny the zaknt
w/Ji/e bowing. " (sor11tu/ 111n 'idah I S5)
Io another ayah ii considers re.al friends and guardians
!hose Muslim men and wome11 who support one another:
"'.:>\"'1"'" > _: -";('
~..:..::..O.J-'.J..:>_,;..,;..'.J
,,~
.~>. ~-:-\t /" 11 \;"
~ ifLJ_,o.ft-,,J~--- ~~.Jv"' . ....~
,.l > . , f
-,,.b.j
).J
"Aod ,ts .for the . believing men and wom'n, th"'Y are
guardians of each otlnr; t/Jey bid the good a11d forbid the
bad " (Silratul Tnwb11/J I 71)
~..Jf't"';" !J-""1";y
:.r-- - ..,,
.. "':.'"11 ">! .,. t.;\1i-'.> '~~ t '"1; ~ j\'" ~t
~ '?;)~ . ~ !J..r.4'J~J ~ .. '-' ..
!J
Minority Rights
258
'"'"i""'".J_
- :-".J."\ ,,;'1"';
',,.,
=
~.)J~.ul ..:ft.)
.,LJ!}l
._
.. ,-,,,-1~{'
."}..
..... .. (""";~.
~\k.Y.J
"You will not find anypeople wbo believe in Allah and the
L.'ist Day showjog affection far the one who acted in opposition to Al/Rh and llis Mcsscngc1; even though Ibey were their
own filthr.:m,; their sons, their bro/hers or their kinsfo/.k; these
are they into whose heaJ'/s Hc has inscribed faith, 11od suppoJ'led them witb 11 spiril iiirm Him." (siiratu/ Mujiidi/;ih I
22)
r:~:;roJ1~:,"Jit;;~1h~1t;;,:~JrC::tr;
~I
---
.1
7T:
u.~"'
'J-'.,<.r.>~ _,,
"O you who believe, do not Mke the Jews 110d. tbe loristinns fJS guardians; they arc gi1111di11ns of each other; and
whocvc1 11a10ngs1 you makes JJiends witb them is of them.
Allah does 001 guide the wrongdoing people." (s1i1a111/
J\l/ii'id11h I 51)
iJ.JGJt,;Q';~~~!f.li!~Ji\/~~i,;:;1; [(i1.'~
'
1'..H:'~~
Mintirfty Rights
2S9
57)
"0 you who believe do oot take your litthers .1nd your
brothers /Or guardians if They prefer disbel/el to belief, .wd
whoever oryou take Them for guardians, .m 1 wrongdoers. "
(sllrtUul-Tawbllh./ 23)
/ ,,.A,
:>i' >
-,
'<'.
,~.,
> .-. ,
.ff
.:;_,~ji&_.;.~l.;.f,,n~~j&~l\/1:-~.1 i~l~Zi:Jliili;
U~"<
:-~..1'1_;1"{.,'\
.:..
\
. .. , .
"O you who believe do ooT take llie disbelievers as guardians iostca<I of the believers. Do you wanT w gfre A l!a/J 11
clear auiborily ,1gainsl you: " (Ibid I 144)
; .- 1~~1,
< c'.1.t-~~11~-1:~ J1(~b:
~ J' 'J'.J-' """ ~- '1:
/W._:#~:~~~i
~Cf;Ai~~lL..::~
""'"'
i..r-~~
.., ,,_r ~--
.,'.r ~.
"
Minority Rights
2.60
I'
An Ignominious Slander
Some purpos.eful writers aod so-called naliooalists wbo
have Cimsideted theiT forefathers' conversion to Islam as
conuary lo the spirit of nationality and race, make lhe following judgement i11 their study of the expansion oflslam among
various groups and nations of different n:ligions <:sp~'<:ially
with rcgltrds 10 the Jews and lhe Chrisliaos:
"Jslam bas based Muslims' relations with tl1c followers of
otlicr religions oo the expression of enmity, hatred and insuh,
aod bas s1rictly forbidden making friends wilh them."
The evidences !hey offer for this ignominio us accusation
and judgement are the ayah which we !Jave quoted cooceru1
ing the friendship with dishelie.vefs and ahlulkiUib.
Suuh sophjstry and distortion are shocking' T hey have
wholly ignored the tribute agre<:ment which was fully discussed in the previous chapters and 1hc acceptance or gr..:al
responsibilities hy the Muslims in return for trifling obligalious ou the pan o f the committed allies and all 1hnsc rights
a1.rd privileges enjoyed by the 1ribu1aries. T hey have relied Oil
a li:w llyahs which they have misinterpreted, whereas lhesc
iiyalts give no indication al all of insull. enmity and hatr<XI
towards ahlul kifllb.
We have already discussed i.n detail the manner of good
relaliooships between the Muslims aud ahlul kit/lb the endeavour o f Islam 10 establish good conditions
coexistence. peace and friendship in the social rclalions of the
1wo allied groups, tbe way adopted by the holy Propbcl of
Islam and the religious leaders towards the tributaries. and
the latter's insults and hostilities towards the Muslims. Whal
or
J':;JnHtiti.11111
261
'I
262
Minority Rights
I.
264
Minorlty Rights
extcnsioo of ibis society and its relationship, tbe social organisations of the Muslirils fiod a greater scope, covering the
whole of the great united Islamic society.
We can, therefore, say that the need for the expaosion of
co--0peralion and its spirit is the inevitable and na111ral cesuh
of the joiot tribute agreemenL
The matter which must be coosidered here is: Wllat
method and what goals should be adopted for co-operation?
We mus! returu oucc more lo the study of the role of the cooperation in the establishment and evolution of the society in
order to answer the said que.<;tion. Without a doubt, cooperation in a society, no matler in whal course aod for what
rurposc. will re,~uJI in the strenglhening and growth of that
society towards that goal. ff the individuals and lhe groups
which form the society adopt the way of social welfare and
honorable living at a higb buOlan level and make use of coO)letation for that objective, the prngTess and evolution of
that sociely will oa1urally be toward.s lhat goal. Bui iI' lh..: individuals join hands for the purpose o f gaining 11ro!i1 and cooperate iu leading society towards deviation, misery and rerversion, this co-operalion will result ill a downward retrogress, pollution and corruption of ihe society.
Similarly in a society where the spirii of cooperation is
used for a greater gra1ificatiou of material desires and physical rleasures,. and 1bc indi vidual and social forces are employed to attaining Ibis objeclivc, such a society will devdor
and grow towards that very goal (lDly. But if an organised
mass create a society where alongside legitima.te material
cnjoymenls and goals lhcy adopt genuine spiritual and ideological objectives to satisfy the moral needs of man, establish
Minority Rights
265
..
266
Minority Riglits
Z&i;';"p~~~:H~~~ ~jJ~l_;.:J
"it is 11ot beIJevolence to tum your faces towuds tbe East
a.ad the Wes~ but benevo/eoce is that ooe should believe io
All11h Rod /be L11St Day and tbe 11Dge/s 11Dd tbe Book ll11d tbe
prophets. " (Soratul Baqarab I 177)
Thus benevolence is not paying attention 10 the appear-
Minority Rights
267
' ''
268
Minority Rights
we realise the extent of Islamic co-operation at an intematiooal !eve! and greater human society.
Therefore, we may surom!lrize lhe authentic geals of universal co-opemtion as viewed by Islam i1110 the following
genera! iai111-cipies:
1. Intellectual co-operalion concerning 1be philosophy of
creation of Ube u11iverse and the discovery of the facts of tbe
world of existence.
2. Co-operation in the solulion of the ideological differem;es aud difficulties.
3. Gener.al co-opcraiion in the teaching of religious and
intellcc1ual facts and educating human beings 011 t!iis basis.
4. lnlernational co-oper111ion concerning clu1ritablc purposes aud activities.
S. Establishing intemational organisations for corobatting
poverty and ptotecling the needy 1111d the helpless.
6. Co-operatio111 in &iding the !tomele.~s and 1be wayfare.
7. Worldwide struggle against imperialism 10 liberate the
individuals aad the nations from i<ervitude and csp1ivi1y.
8. Co-operation in the proper worship of Ibo Creator and
onserva!lce of submission before heavenly injunctions.
9. Co-operation in tbe expansion of the ethical principles
and uiversal commilment of loyally towards treaties aod
every legitimate undenalcing.
1-0. International co-operation in the solution of world economic and political di'fliculties in order to do away with !he
causes and factors of these problems, unpleasant events, war
and bloodshed.
11. World wide co-o.peration in combattiog disease and its
causes.
M;nority Rights
269
Further 'Yllbs stal'tiog with "W.boevcr bo/iow:d and did good deeds ..or
"0 t/Joso who believed 11od did g()Od doods ; MC used to refer to.
,,
270
Minority Rights
Minority Rights
271
I.
.,
I
...........-..., -
Part Two
Committable Responsibilities
t the beginning of the chapter oo "Muslims' Responsibilities 011 tbe basis of the Tribute Agreement," we divided the commi101cot of the Isl3mic
society into three distioct pans: the first part of which we
discussed adequately under the title "Inevitable Commitment". Now, we will deal with the second pan, namely
"committable responsibilities," and discuss it from both the
qualitative and quantitative vicwpoiors.
The tirst point to mention is the limits and measures of the
rights, privileges, options and freedoms which we fully discussed in part one. Though these rights and freedoms are
considered the necessary conditions of the. tribute agreements, wliich must be observed inevitably by rhe Muslims, it
does not mean that they come under such a verdict with all
their details and minor points and in the wide seose described
before so as to make it binding on the Islamic society.
We explained in those discussions that the limit~ and
measures of the above rights and freedoms, both quantitatively and qualitatively, are predictable io the tribute agreement, aud Muslims may take into c.onsideration in the text of
2 74
Minority Rights
Minority Rights
275
of
276
Minority Rights
Part Three
lllegal Commitments
b~
278
Minority Rights
1n fact it is the law of Islam which for the first time and for
lbc sake of peace bas ignored the principle of equality and
balance of reciprocal obligations in the treaties. It has not
only connived at exploiting inte.ruational pacts in its own interest, but bas preferred the establishment of peace to the
p.rcscrvation oftbe rights and interests of the Islamic society.
But inspite of all its Oexib.ility and self-sacrifice in the way
of peace, it has never oeglccled the following principle which
bas- been stated in one of the Imam Ali's charters:
"Do not rejecLany peace which the enemy proposes to you
and wbicb is to Allah's satisfaction . But I warn you that after
making peace you should beware of 1be enemy's cunning and
lreason. T be enemy may often approach you in order 10 Luke
you by surprise. You should always take the ini1ia1ivc in 1bc
events and never abandon caution nor be deceived by your
imagination or ignore your feeling of suspicion."'
Moreover, Islam bas never ignored 1he goal~ aud the essential principles on wb icb the universal call of Islam is
based, and bas with being perfectly realis1ic and with forsigtbedness considered fundameulal goals inviolable under
all conditions of peace and war.
Thus in a survey of the law of the tribute agreement, w e
come across cases where Islam considers some of the responsibilities inacceptahle and their commitments illegal. Jn
th.is way 1be authority of the Islamic society and
its rulers
bas been l.imiled in committing themselves to certain undertakings which will be explained here under the tiile of
"Tilegal colllJllitmeots,"
In general lbe limitation of the Muslims' commitments in
or
Jhid.
Minority R.ights
279
.I
282
Minority Rights
with realities, yet their doubt is due to the fact that they consider it contrary to the formation of intemaiional organisation, to their authority and to iotcrnational law.
Thus the limited sovereignty which is accepted, means that
the sovereignty of the governments depends on the rules and
decisions of the United Nations Organisation and the international law, for, the social solidarity of nations and ~)(igeu
cies o f the iuteroational society necessitate the limitation of
sovereignty of governments.
Article 14 of the declaration of the rights and the duties of
the governments which has bee.n drawn up by the Comminee
of Intematioual Law, stipulates that "every government must
act in its relatjons with oth.:r governments according to the
International Law and to the observance of this principle that
the sovereignty of a government is subordinate to international law." 1
Here the theory of Alvare7~ the USA jurist, is quite op
posed to lhll opinion o f absolute sovereignty, and according
to him, even maners related to national interests should be
determined by competent international autborities, such as
the Security Council, tbc General J\sscmbly of tbe United
Nations Organisation, and the [ntcrualional Court ofJustice.
Jean Jacque Rousseau, io his Social Coatfac~ while defending abSolute sovereignty and its indivisibility, says of the
source of sovereignty and the power which possesses this
political quality, thai sovereignty is absolutely a monopoly of
the nation .
If we consider the government and its power as something
derived from the will aod desire of the nation, sovereignty
1
Minority Rights
283
Minority Righls
284
cypc of colonisation, in tt:e same wr.y t!iat absolute sovereignty, too. air.rooc be 1tnaglnable iD view of the necessity of
11cce11ting oblig-111im:is.
A$ we bavo now become f&maliar with the meaning of soveireignty on t mnde:rn legal basis. we muse draw the 11Ueo!ioui
of lhe reader lo ll s~nrvcy of sovereignly from rhc viewpoicu
of lidamic lor.w and its logic.
001
to b<!
Minurify Rights
28.$
fo1mi1y of the law of lsl!!m and the exp&nsion of social juslict? l!CC4l1di111g w diviille lnw aod will, 1110 Islamic law an<l
ideology ml!\y be considered as d:le main element i.n lhe for-
286
Minority
Right~
Minority Rights
267
'I
I.
288
Minority Rights
A.i the question of the independence of the lslsniic sockty. from the
education I od ell1icttl spccts l<ss ~ lrcMly h<:en discussod in thh book.
logelher v.ith the relcv11nl lly.1/Js.. there will be no need 10 rli!p-:ac s.cuuc,.
289
Minari!)' Rights
0:~ijt\;:01;
.,. t . > .. _'L'i.1 ...... ,,,~,..#t'-;-..-:r
..;,.:....>~ J ~+Q_j ~,Ul9J'~,_--VJJ._:.,\r--/.
''And d" 001 depend on tlJ().~e who ue uojust. lest the Hrc:
should toucb you. and you have no guardians besides All11h,
tbco you shall not he sopportcd.
If we rc:collcct that this liy11b is addressed 10 the Prophe1
and hi s followers, and the matters related 10 him and his
Ummab arc rcligiolL~ facls and teachings as wdl as queslioos
of social life. governing and leadership oflhe Islamic society,
lhc prohibi tion of dependence, in the above ay11h m~ans a
hcAJIY inclination to rely ou tbc unjust in matters of religion,
its facts and lifo affairs.
Reliance in religious matters takes shape io this way 1ha1
those religious facts which could be exploited by 1he unjusl
would be propagated. whereas those parts 1he revealing of
which might be incoovcoicnt to them, would be connived al.
ln matters of social li fe, 100, reliance on the unjust would
mean permitting them to in1ervcoc io the social mailers and
assume the role of rulers o r exerting au innuo:nc" which
would alter thl! religious and worldly asp~cts of the Muslim
.
I
society.
Such a rl!liaoce would ccnainly mcao divcs1ing 1he Islamic
society of its religious aod political independence, follow.;(!
by foreign intertcrcnce and innucocc, and subord ination 10
their will and wislJ. T11e prohi biti on by the Qur'ao io h is
' A l-Mir.nn, Vol. 11, p. 53.
Minority Right~
290
t..;!"""' ~r'~
1
..~- !) .. ~ ..n:-~
'0 you wbo believe, d<1 oof take my enemy aod your enemy .1s friends, oflering them afl'ection, while they disbelic11e
in wh;u has come to you. " (So.iaf11/ 1\!fumrli})in11h I I)
291
Minority Rights
--~"G\.t1i~'<"'-n~:- .JI
'-'~- ~.~..,,
r~r:f~ "
1 ~-; il'>-_d.t':.11-1
~>!<':Ii ~ -- :~it
~.Y~'..Vv- ~
,.., ,,. , ,
., ,
-'r
..;.,i_,;\-:,1~.:,...;.:n,;._,,;r,~,,,U1.:t~1,:,_, ~- '!~
.....,.
>=..
_,.... ,,
'..J!!1.',,1<'-'
'f:r
.,,
_,
.. , , . ; # ,,,,.,
~'' ""
'Those wbo tak e disbelie11en as friends other than the believers, do they seek might with them? Might rests entirely
with A llah" (Siiraum-Nisll ' I /39)
~.,). :;;.q-.....:;s::j( .,, : I '~'<"',.,.. ~i~"i;
~-,~
j.
~~~~1J ~
..
~~'
' J':-1
,-,!-'.J.:~U! I t= :1
~
:,....,.;,,'
4
--
292
Minority Rigllts
~I
"Other than Allah you ba.vc no guardi;w ;md no helper. "
(Scinlful Baqarab I IO 7)
Minbrity Rights
293
294
Minority Rights
Principle of Non-Interference
Minority Right
295
'
f!
298
Minority Rights
Munafiqon I 8)
The reason for the hypocrites' iguorancc is that they seek
mighr and leadership by means of the foreigners, and. as they
have nor followed the truth of Islam, they do not un~erstand
its leadership and the might of its prophet and the !Islamic
society, as if they are seeking these among 1be fordgnt!rs and
accept the latter's leadership. Tbus they carry rhis heav.y load
since they are hypocrites and 1101 true Muslims.
Minority Rights
299
lims and the Jslamic govemrocut roust endeavour for 1be sake
of the honour and the sovereignty of the Islamic society before other societies, government~ and 0011-Musliw groups, it
is for the sake of showing the sovereit,rnty and the hooour of
Islam to the people of the world.
Consequently the Islamic Society must be a model and a
witness over the nalions. The Qur' an, addressing !he Muslims says:
300
Minority Rights
Preservation of sovereignty in
International Commitments
Thus the preservation of 11Jc Islamic sovereignty is one of
the general du!ies and !he Islamic necessities, the violation of
which is outside the au thority of the Muslims. aod international commitments cannot cancel it.
Therefore, the pri.ocipk of sovereignty must be observed
as sometbi11g constaot io all the international treaties which
Muslims conclude, sign and ratify. Whatever terms are contJary to tbe s11id priociple io these agreemt!nts will have uo
legal validity (com tl.te viewpoint of'Tslam.
I bis law is true, also, of the tribute agreements without
any except ion, aod consequently granting any political. economic, military, j udical and social privileges to the three religious groups of tributaries, which may injure tbc sovereignty of" Islam an.d the Mu~lim society, are wo.rtbless and
invalid.
O n this basis a number of j urisprudents have considered it
a duty of the tributaries lo abstain from constructing build-
301
Minority Rights
~\~~
~t.q-~.
.. t\1..i;IJ>i.o.~~11>.'1:&ili'~lr;
~.,,...
C""":"-'"., LJ!.
...
,,....
..... '1: ..
302
Minority Rights
umny. Nevertheless, 1heir bcaris will remain fill~d with hatred, enmi1y, satanic plans and ill-will, wha1 would be the
consequence of th~ir sovereignty over the Muslims if they
were in charge of governmeutal, political, military and economic posts'?
As the Qur'ao does not advise personal aud iul imutc
friendship of 1bc Musl ims with the non-Muslims in view of
i1s consequences, and explicitly forbids it, ii is undoubtctlly
more vehement iu opposing tbc entrusting of posi tions and
ranks to ooo-Muslio1s which would rob the Muslims of tbdr
sovereignty and subordinate the interest and destiny of the
Islamic society to non-Muslims.
n legal discussions ii is customary to cousidcr the subordination of the governments' forci{:o policy to the iu
temal laws as one of tbc priuciples of modern international law, so that the principle o f external sovereignty is regarded as somclhiog derived from iu1cmal sovereignty, and
the! lancr is oothing but the! sovereignty of law.
In any case from the viewpoint of the Islamic law, 1bc
connection and dt:pendcncc of fordgn policy o n the lws and
decrees of Islam is somc1hing inevitable and inviolable. The
necessity of this principle becomes more evidenl wl1eo we
sec lhat the ul1ima1c goal nf Islam is to expand lh~ Islami c
ideo logy and law iJJ the world.
Obviously every system which is dependent o n a par1iculu
go al aud rules and its o bject ive is summed up in the dcvdopment of that system and its rules. can not, lor the sake of
temporary interests or evc!n for the anainment of its goal. disregard its distillc1 ive qualities ftnd decre.:s, since such a tim<J
serving policy mean$ 1he violHtioo of its own goal Rud prin ciples, or a kind. suicide.
Consequ ently the commi1meuts of an Islamic socicly l<I
or
'
304
Minority Rights
306
Minority Rights
What is certain is !hat cooditioos coo1rary 10 the rcg11lations of all agreements are not binding, and this is true of
tribute agreemen1 and other international 1reaties, too. For
example, carrying out the judicial verdicts of Islam in the
case of the committed religious groups when one of the par1ics in 1be case is a Muslim. and financial obligations of the
tributaties are among the inevi1able regulations of lb<! 1ribu1e
agreement
Accordingly, if the Muslims undertake io a tribute agreement not lo carry our the verdicls issued hy lhe judicial Islamic courts, or guarantee the rigb1 of referring 10 the tributaries' speci.al courts (of Jews, Cbris1ians or Zoroastrians)
even when one of the parties is a Muslim. and at1ribu1e oo
compeience to try 1he said religious groups in the Islamic
courts and consider it only within 1hc authority of 1be courts
formed and managed by the minority grnups, such undertakings have no validity and arc ou1side the competence of 1he
Islamic goverum\!DI and every other authority, and are null
and void.
The modern jnrisls, too, have considered 1his case. which
is called 'capi1ula1ioti'. a clear example of inequality aud
viola1ion of the sovereignty of ibe commiucd government.
Consequenlly 1he said antina1ional and imperialislic syslern
which had been set up after the Cirst world war in some Asiaric and African couo1ries owing 10 the establislHneu1 of imposed governments by force recognized by the international
rclalioos, was nullified after 1he gradual awakening of rbe
na1ions and people of'tlmse countries and lh~ commencement
Minority Rights
307
'I
I
~
..
:!10
Minority Rights
Integrity
he terms realm', 'land', or 'territory. which arc a
basis of the formation of a society aod government
as used by l.l)odem law, are not synonymous with
their senses in the Islamic law. Their basic differences which
produce differcut results in many legal questions should not
be neglectod.1
The difference between the two, like many other legal
terms which assume a special form ~n Islam Od bave their
root in the Islamic ideology. is that an Islamic realm is a
territory the i1Jhabi1ants of which have accepted the faith and
law oflslam aud obey tbe domination of its inj unctions.
In other words, the frontiers of an Islamic country and its
territorial realm are where the law and faith of Islam cxis4
and thus with the expansion of this faith, the frontiers or an
Islamic land extend automatically, and with tbe conversion of
the people of a region to Islam and obedience to the domination of its law, they automatically joio the Islamic society.
Under such conditions the Islamic govcrumeu4 using its
312
Minority Rights
potentials and beiog aided by the people 0f tbe uewlycouverted region, defend$ its indepe11deoce aud the leadership of the oewly formed Islamic society, blocking the way
o f influence and fotecference of foreign governments. The
people of the new real01, loo, owing to lbe faith which Ibey
have accepted, cannot accept the rule and leadership of oonMuslims, as tbe Qur' au says:
''And those who believed 11nd did ool migp1te, you owe
tbem no guardianship until they migrate and it they seek 11id
/Iom you io the mill/er of religion, you bave to t1id {1hcm),
313
Qur'lln says:
ljnjj I 39)
Therefore tile Muslims would ocvcr agree to the viola1i,iu
of the lcrritorial integrity of Islamic realms. and any co mmitmeu1 which would iovo lvc this violalion of their sovereignly and 1crri1orial inlegriry is 1rcasoo and transgnissiou
against lbc rights of all Muslims aud musl be condemn~ and
considered invalid.
This principle does not apply 10 uninhahincd lands which
beloug 10 the Islamic govcmm~nl or lo Muslim individual~.
' .l1twilhin1/KIA111, Vol. 21. p. 270.
Minority Rights
Chapter Six
I
'I
318
Minorily Rights
Undoubtedly, the first lyt1e of the annulments, can he legally cffec1ive, siocc a trib1uc agreement, like auy other p1ict
which has been concluded wi th the agreemen t of holb iutcrcstcd parties, can also b.: considered null and void upon a
fresh agreement by both sides.
Di-lateral annulment bas been accepted in ls lao1ic jurisprudence (under the term "!qi/ab") as an accepted principle:, and
religious nainorilies 10 dv.ell '-''ithin the: hmits of the 1.shunic 1ca.hn. Afr.
regards other tribute agrec1nents v.hich an;: concludecd as 1nto 111atinn~I
pCIS w11h a state fottowfog the three nfliciI religions, will b di>cuss.:d
in
fl
C('Hrting occasion.
Minority Rights
3 19
tion - whicb ha.$ not been predicted at the conc;lusion of 1he agre.:1ncn1
- ~ penn1$$inn for unilateral annuln1cn1 of lhc intcm.ariooal agr~e111cn1s.
~c,.use v. hen rhere appears a contradiction bct,vi.:c-n a c..urrent soe:utl and
polillcul situAtion, and the agrccn1c nt 1n <1u~slloo, H <:11nn(H re1r11n 11$
conslsh:ncy ond finnne~s su1c(! ii docs nol go 10 ltltn uvny \Vhh 1hc 11.::
ruAli1tes. l'herefore, tbe sl1Hc \vhich is h11niH:d by 1ht: vRlid 11y o f 1hc :-.nid
agrt:i.:1ncnt i.s ll lll)\\>'Ctt to an11ul ii rl'Oll l its i.idc, So, lhc C(lUTil l'IC~ \\'hich
rcsorl 10 the unilateral annuln1en1 nf the in1cn1a1ional flgrtc1ocn1:... c:l1.:.thc s.11id principle, using it to tO\'er 1hc1r hcuaya.I 3nd 'iohH1on of "
1
CO\"\!tUHU .
or
dents, they did not aLJo\v', cvc::n the next lc11dcr. on the p rctl.!iU lhhl It \\flS
concluded by JOn11t:r lcAde.r , 10 annul or viuhtlc it. {J1111'Ahi111/ Khlllltl,
Vol. 2 1, p. ~13).
-
320
Minority Rights
Minority Rights
311
requil'es 8 ucw agreement without which they cannot cootiuue 10 settle iJJ the Islamic realm and enjoy polilical immunity, securily and observance of their rights there. Thus, if
they do not agree to ou a new a.greemen1 , they must leavt:: the
Islamic realm immediate ly, aud the Islamic governi,neut has
to guide them lo a safe land of their choice, and guarantee
their safety during th is period.
~'hen the annulment is unilateral and il!.:gitimate. it must
be considered invalid, and ii has no cfkct on 1h~ 11gr..:..:ment,
and the other committ~d side can 1101 annual i i ou th~ grounds
of its annnlme111 by the otb"r parly.1 This may be mAde Legal
by means of a bilateral agreemen1.
Tbis is possible if the aunulmeot of the treaty du<:s not lead
lo the actual violfftion of the agreemeut, sincc a violation of
one side of the treaty may rrovidc th~ grounds for ils violaciou by 1.he o rbcr side.
322
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or
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323
says follows:
"TI1e reason for the probibilion of violation in the above
case is that the tribute agreement l\SSumes the li\rm of n obligation on the proposal of a non-Muslim&. and so it is not
violable for fear of tt eason, because a lrca.on hy lhe tributaries is reparable as they are obedient to the Muslim ruk. The
iiy;th 58 of sruatul Anfrll says:
.,
324
Minority Rights
325
shelte ring spie<;, ins ulling lhe Holy Prophel of Is lam and
other Muslim leaders, llagranl ifTectation Towards The forbidden acTs in !slam, building n-ew centers of worship and, mis leading their own children, if 1bey are s tipulated in 1hc lex.1 o t
1he agreement 1hc s aid om~use will mcau viola1ing 1be tribulc
agreement. But if no stipulation is made aboul avoiding $uch
offenses, commitling 1hcm does not result in the viola1ion of
the agreeme nl, and Ibey will only be liable 10 1he re levant
punishments .'
111 some of tbe above cases, jurisprudcn1s' views di ffcr. For
example. Sbaykb Tusi cons iders that the open prac tise of the
forbiddco acts by the tributaries, e ven if this o lfonsc: is s ripu la1ed in 1he Lexi of 1he agreeme nt, will not b~ a vi0Ja1ioo o f
1he tribute agreement, and it is li~bk only to penal 1>unis.hm ent.
,,
J26
Minority Ri!lhts
Minority Righls
J27
Ibid.
' Ibid.
328
Minority Rights
Minority Rights
329
Pa cl
We <aid that hy violating the tribute agrccm~nt the committed minorities arc deprived of thdr rights and privikg~.
and they arc treat<!<! acconhng to the offens>! which has lh.-..,n
commined.
Hut if in ~uch cases tb~y formally conve rt 1.0 l~l"m. they
will enjoy equal legal and mora l rigbts aml pnv ikgcs w1 1h
other MusliUlS. sod can settle, like them, in the Islamic realm
and bene fit hy rbc social advntages.
nut be11e fillit1g hy such II kgaJ righl d Cp C11cls llll th<.: t1H1diliOa that no verdict has yet been issued about their violarioo
by the Muslim leader and the Islamic courts. If a violating
tributary bas been coodcmn.:d to imprisonment. ex>!Cution or
payment of damages, 11.tc Stt id punisbmcu r wi ll be cnrricd o ut
io his case, and no pardon is pem1issiblc.
The above rule of exemption is applicable only if the violating tnlrntary is converted 10 Islam b~fore the issue of the
verdict. and s uc h a co.ovvrsion mus t he io gc>od fairh i11 order
to negate the verdict.
Nevertheless if bis violat ion is of a kind of offense which.
170.
330
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on the judgement of the [slamic courts and judges, necessitates retaliation or penance or bail, bis conversion cannot affect the execution of the verdict.
Clearly the first and third cases arc related to the public
rights, but priva~c right cannot be disregarded except with the
constmt of the claimant. As for the secoud case, all jurisprudents are unanimous about its being a private riglll which
does not prevent tile execution of the punishment due to con version to Islam.
Sbaykb Tusi says in this CQnnection:
"Our companions have 11auated that a tributary 's conversion to Islam does not ouUilY his legal punishment" .1 This
shows that the related narrations have reached the stage of
being renouned or unanimity by the jurisprudents.
''
I.
Minority Ri&hts
Every non-Muslim individual or grour who follow heavenly books, will be accepted and no tesrimony is required for
this claim.
Women aod children are exempt from 1bc payment of the
1ribu1e. The needy Rre allowed a period or grace to make
lhdr paymenl if' they cao afford it.
If a coodi1iou is stipulated io the 1ex1 of the tribute agreement for women lo pay the tribute, it will be null and void,
and women 's dcmaud 10 pay tribute will 001 he accepted.
If after the conclusion of the tribute agreement, rhc lullowcrs of hea venly books refrain from the paym..:111 of the lribut c. th..:y will be despatched to a safe spot without any mokstation or surprise.
There is no lixcd amount for tbc tribute, as ils amount is
d<!h:rmiued by the Islamic government, depending on the
conditions and expediencies. T he manner of 1hc paymcnl will
he d..:cided by 1he Is lamic guveromcn1 wirb 1hc agrc..:mc111 of
l!Oth parties.
The tribute is colli:x:ted annually like the z1tkli1. if no ddinite date is lixcd for paym.,nl. it will be colli.:ctcd at th.: end
o f the year. Out if 1bc tributary is couvened 10 Islam be for"
1hc eodB,f th<:: year, no 1ribu1.: will be demaudcd from him.
The lrihulc agr~~meul is coucludt:d by the impcccalilc
lruam. and in his absence, by his deputy. A 1rib1111:: agrccm~nl
concluded by the uujust rulers may be considt:rcd proper. The
rcvcDUC from the tribute, like other Islamic laxes is us..:d in
tb..: interests oflslam and Musl ims.
Minority Rights
335
336
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Glossary
Ahlul Bayl:
'A llacr1ab:
A.S. :
dhimmi :
Mu~lin1 Slate.
di oar:
dirharn :
nu
Minority Rights
ghusl:
1,iadith:
).lalal:
rdigiously lawful.
).larAm:
bi.iAb:
janAbah:
jihad:
jizyab:
Ka'hah:
Minori ty Rights
339
$Rlilfs.
Khin!j:
Kbums:
Kur:
mutanajjis:
oajasab:
najis:
qil>lab:
Re. Ka 'b,1h
~alai:
340
suub:
Minority Rights
Um mah:
ZakAt:
References
Commentaries on the Qur'an:
Talsir M~ima 'ul JJay,10
Tafsir al-1\1ixlin
Tat.Sir 11J-M1mlir
Ta fsir al-Tabari
Shiite Jurisprudence
A l-Mabsfli Ii fiqhil-lmiimiyyah
Asb-ShRrayi '.
Al-Qnwll'idby al-allau:rnb al-Hi lli.
lir/11b11/ Fa wli 'id.
T11dbkir1111J/ Fuqa/IA'
Ad-Duros by a.~b-Sbabidul Awwal
A 1-1,/aql/ 'iq11n-Na.yiriyy11b.
Jawabiivl Kallim
Al-Masalikby ash-Shahid a1h-ThAoi.
Millabul Karamab
Ta(lrirul Wasilah
142
Minority Righ ts
Sunni Jurisprudent
Al-Kbiraj, by Yabya ihn Ada m and Abu Yosuf
Biday11rul Mujtahid wa Nihayarul Muqta~id. by the Imam
ash-SAfi' i.
Al-Ashhah w1111-N11Ziir'ir Iii F11n1', by As-Suyuti
A l-A hklfm11s-S11/Jiioiyy.11J, by al-1' arra'
Al-Ahkiim11s-S11l/ti11iyyNh, by al-Mawardi
Al-M11ghni, by Ibo Qudamab
AJ-Turuq al-Hulaniyyab lis-Siyasab ash-Sha 'iyyah, by lbu
Qayyim al-Jawziyyab
Abkamu Ablidll-Dhimmab. by the above author
KirAhul Jihad wal Jizyah wa Abkamil Mu}JAribio, by aJTabari
History
Al-Tahari's Tarikh
Murujudh-Dhahab by al -Mas'udi
As-!>i'rah by Ibo Hisbiim.
As-Sirab by al-!Jalabi
Furubusb-Sham by a/-Wlqidi
Al-lmam11h was-Siyasab, by lbn Qutaybab
FulO but Buldau, by al-Baladhuri
Rusu/11/ 1'111/uk, by !bu al-Farrii'
.litw11mi'us-Sirah by Ibn Hazm
Minority Rights
Shiite f:iadiths
NalJjul Baliigbllh
Al-Klli
Tabdblbul Abkiim
Wasl'ilusb-Sbi'llh
Must11drakul Wasl'il
Al-Wlfi
Sunni f:iadiths
Al-Bukhiri's '$11flip
Muslim's $ai;Iip
Ibo Mijah's Suoan
Ad-Darqutoi's Suoan
Al-Bayhaqi's Sunan
Sbub Muslim, by ao-Nawa wi
Shub $$'1 al-BukbKri, by al-' Ayoi
NayJul A wtAr by ash-Sbawkaoi
Miscellanious
Dl'iratul Ma'iirilil Js/11miyyab by Farid Wajdi
Ri$'8/ltul Islam, Magazine
343
344
Minority Rights
., .
II I'
iI
I~
I!
.1
MINORITY RJGHTS
The writc1; considering the conccptli of
the International Ltw from an Islamic viewpoint, thoroughly deals with the q\Jestion of
religious minorities from two aspects:
He,. firstly, tries to bring abour a better
understanding of minority right,~ by
describing tl1c rights ai1d libert:ies granted by
Islam to th.e m, and tl1en refuts the uiijust
accu~arion of rhe West regarding the religious
compulsion.
It is explicitly discussed in this book tlut
tl1e attraction of Islam, and its logical
mei:hods of conversion, rbe negation of
imposition of religion, and tlle' spirit of
cocxistcncc as well as peacefulness granted is
in a way mat there has not been so much
conflict berween the Mus.Jim people and
minorirjes in the Islamic lands.
ISBN 964-304-060-7