Citizenship of Islamic State
Non-Muslim Citizen
Traditional Muslim Scholars divided
two categories of citizenships:
i. Muslim citizen
ii. Non-Muslim citizen
Muslim Citizen
- How to acquire Muslim citizenship?
Based on Quranic verse:-
Surah al-Anfal 8:72
Indeed, those who have believed and
emigrated and fought with their wealth
and lives in the cause of Allah and those
who gave shelter and aided - they are
allies of one another. But those who
believed and did not emigrate - for you
there is no guardianship of them until
they emigrate. And if they seek help of
you for the religion, then you must help,
except against a people between
yourselves and whom is a treaty. And
Allah is Seeing of what you do.
This ayah relates to the situation during
Prohet period:
i. must be a Muslim and profess the
Islamic religion
ii. acquire domicile in the Islam
state. Only those migrate to Madinah
become citizen.
Surah al-Anfal 8:75
And those who believed after [the initial
emigration] and emigrated and fought
with you - they are of you. But those of
[blood] relationship are more entitled [to
inheritance] in the decree of Allah .
Indeed, Allah is Knowing of all things.
Any person who subsequently convert
Islam and migrated to Madinah, they also
constitute as a citizenship, therefore
resume the protection.
SHA1311 Islamic Legal System II
Traditional Muslim scholar divided iii. Harbi
non-Muslim citizen into two categories. term har mean war or people of
war
Non-Muslim no agreement of protection with
Citizen Islamic State
Islamic State has the duty to fight the
enemy of war
Dhimmi Murtamin Harbi
Rasullah Quraish of Mecca is the
Harbi
i. Dhimmi (Singular)
Dhimmah (plural) ahl al- Right of the Dhimmi
dhimmah
is a political terms refer to Jews and a. Right of Protection and
Christian Security
religious perspective people of the Three types of protection and
book secutiry:
i. life
Definition: ii. property
Literal meaning of dhimmah are iii. dignity
Islamic State has the obligation to
pledge or guarantee, or safety
give full protection and security either
They are called zhimmah
They are under pledge of Allah, internal or external for dhimmi.
pledge of Rasullah, and pledge of
Muslim community. Hadith:
1. one who hurts a dhimmi, he
With this pledge the dhimmah are
given protection by the Islamic State. hurts me, one who hurts me, hurts
Allah.
Technically, dhimmah mean they
this guarantee of protection
are permanent residents of the Islamic
State who have affirmed to remain loyal
and obedience to the Islamic State since 2. Who ever hurt the dhimmi, I
shall be his complainant and for who so
they have acquire citizenship in return,
Islamic State has the obligation for ever I am, I shall ask his right on the day
of resurrection / judgment.
protection, they have the right to enjoy
equivalent status like the Muslim.
3. if any one kill a dhimmi or
mustamin, he will not smell the fragrant
ii. Mustamin
mean asking for protection and of paradise
security
saying of the prophet companion:
they are the non-Muslim who are not
1. Saidina Umar their life and
the permanent resident of the Islamic
property shall be defended even if it
State, but they entered in Islamic State
require to go to war with the oppressor,
for particular purposes such as social
they should not be tax beyond their
visit, education, business, diplomatic
capacity
purposes.
2. Ibn Hazm if enemies of war come to
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 they stayed in the Islamic State our country aiming at certain dhimmi, it
temporary for certain time is essential for us that we have to come
they received protection and only last out to fight them with all our strength
until they left the Islamic State and they and weapon. Since he is under the
are no longer enjoy the protection once protection of Allah and his Messenger, if
they departed from the Islamic State. we did anything less than this it means
we have failed in our agreement for the
protection.
These show that Islamic State has full
obligation to the protection and security
towards dhimmi.

Citizenship of Islamic State SHA1311 Islamic Legal System II

b. Right of Equality - After that, he visited one of the e. Right of Protection of

they enjoy the same right like Muslim biggest church in the Juruselam with Property
equal protection and secutiry the company of Priest, when he
should not discriminated against arrived the church, it was the time for Islamic State has the obligation to
religion, ethnics prayer. The priest then asked him to give full protection and security either
Even though they do not subscribe perform his prayer in the church. internal or external for dhimmi.
the belief of Islam, since they have entered Saidina Umar refused and said: if I do Islam State is under obligation to give
into the agreement, they are entitled to pray in the church, Im afraid the protection to the property of the dhimmi
enjoy right like the Muslim. Muslim will one day make an excuse
Article 16 Sahifah al-Madinah to take over the church from you. Hadith:
to the Jews should be treated i. one who hurts a dhimmi, he
equally iii. The Covenant made between hurts me, one who hurts me, hurts
Khalid bin al-Walid with the People Allah.
c. Right to freedom of Religion of Anat this guarantee of protection
give the right to follow, to profess, to - They are allowed to ring the bell at
practice, propagate their religion any time of day of night except during ii. Who ever hurt the dhimmi, I
Dhimmi are allowed to perform their the Muslim prayer time. They are shall be his complainant and for who so
allowed to carry their crosses during ever I am, I shall ask his right on the
ritual and worship
their festival day of resurrection / judgment.
Islamic State has to protect their
worship places
iv. During Prophet period, Historical evidence:
they have the right to celebrate
- when the Christian delegate from i. During Prophet time, when Muslim
religion ceremony Najran went to Medina for negotiation. entered a contract with the People of
Prophet allowed them to perform Najran (somewhere in Yemen) the
Quranic Verses: prayer inside his own Mosque.
i. Surah al-Baqarah 2:256 contents of the agreement that the
- A group of delegate from bani Thaqil property, religion and churches of
" " came to Medina to meet Prophet. the inhabitance as well as all
Let there be no compulsion in Prophet allowed them to built up ten possession whether much or little
religion Khemah or tents within the Mosque. are under the protection of
- These showed that there were Rasullah (s.a.w.)
ii. Surah al-Kafirun :6 religion tolerance and good examples ii. Saidina Umar saying of the prophet
" " from the past. companion that their life and
for you is your religion, and for me is property shall be defended even if
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 my religion
iii. Article 25 35 of the Sahifah al-
Madinah the Jews have their
religion and the Muslim have theirs
History Evidence on Freedom of
Religion
i. The covenant / pledge made
between Saidina Umar and
Christian of Juruselam
- contents of this covenant is that
their churches are not to be occupy,
demolish or damage, nor are their
crosses or anything belong to them to
be touch
ii. During period of Saidina Umar
- When Saidina Umar visited Juruselam,
upon entering Juruselam, he went to
a temple name of David and he offer
his prayer there.
Citizenship of Islamic State
f. Right to do or conduct iii.
economic activities or to do business.
Non-Muslim are allowed to engage or
enter any business that they like
They can become partner with the
Muslim
Observe from the past during Prophet
and Sahabah period, there were business
such money exchange, jewelries
However, dhimmi have observe 1. Duty to Pay Jizyah
certain limitation when they do business,
i. prohibited from involving in any
transaction in riba because riba
oppress partners and against the
business ethics.
ii. prohibited from selling certain item
to Muslim such as pork, liquor.
Exception allowed among their
community.
g. Right to Receive Financial
Support or Help and Social Security or
Welfare from the Islamic state
d. Right to Enjoy Their Own it require to go to war with the
Personal Law oppressor, they should not be tax
In respect of certain matters such as beyond their capacity
family matters pertaining to marriage or iii. Saidina Umar wrote to one of his
divorce, custody of children and Governor stated that Prevent
inheritance. Muslim from harming or
The dhimmi, they have the right to oppressing the non-Muslim or from
follow their own law. If the dhimmi have taking their property illegally.
any dispute in this matters, they can refer
it to their own dhimmi judges. This judges These show that Islamic State has full
will refer their own personal law. They also obligation to the protection of property
are free to refer their matters to Muslim towards dhimmi.
judges
Al-Quran Surah al-Maidah 5:52
provided that if non-Muslim come to you
asking for any judgment, you refrain
yourself from judging them. If you
refrained is no harm for you. If you heard
you have to judge
SHA1311 Islamic Legal System II
Umar bin Abd Aziz (Umayyah Exception for Non-Muslim to pay jizyah :
Empire) where he wrote to his officer Adi i. if non-Muslim converted to
bin Artat in Basra stated that look after Muslim
the affair of the dhimmi particularly those ii. if non-Muslim decided to
who are old and weak, and have no mean participated in military service
of income. They should be given iii. when Islamic state failed to
maintenance from the Baitulmal. protect the dhimmi rights
Historical evidence:
Duties of the Dhimmis a. When Khalid bin al-Walid
return the jizyah to the Christian of
Jizyah root word of jaza Emesa because he failed to protect
Jaza means to give what is due in them from their Christian enemy from
return for something given. Byzantine. He said We accepted the
Technically means a reasonable tax jizyah as a token of your good will and
that a non-Muslim citizen is required to in return for defending you, but we
pay in return for the protection given by have failed you
the Islamic State. b. Onec Sallahuddin al-Ayubi
In short, jizyah is a protection tax. failed to protect the Christian dhimmi
Imam Shafi`i Jizyah is at tax which in Syria, he then return back their
is imposed by the Islamic tax on non- jizyah.
Muslim citizen in return for their iv. if the dhimmi render a
complete safety and protection both significant service to the Islamic State.
from external and internal threat. Historical evidence:
A non-Muslim he had clear up a canal for
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 For those non-Muslim who are poor,
disable, old age, restitute handicap will
give some financial help from fund of
Baitulmal
Histrocial evidence:
i. Saidina Umar wondering around
and one particular day he came across
a old and blind Jew begging on the
street. He was very concerned and
asked the old Jew, the old Jew said it
was due to my old age and inability to
work that force me to beg on the
street. Saidina Umar immediately took
this old Jew back to his house and fed
him. Later, He took the old Jew to the
treasurer of Baitulmal and instructed
the treasurer to issue an order of
maintenance to that old Jew. Saidina
Umar said: It is no justice that we
collect jizyah from themwhen they are
young and abandoned them when they
become old.
ii. Treaty of protection made
between Khalid bin al-Walid with the
Christian in Iraq. The Contents of the
treaty: Any old non-Muslim who is
unable to earn his livelihood or is struct
by disaster, or who become destitute
and is help by charity of his fellow man
will be exempted from jizyah and will be
supply with sustenance by the
Baitulmal.
unlike the Muslim citizen, they have
render their service in jihad or military
service.
Payment of jizyah is prescribe in the
Quran
Surah al-Taubah :29 command the
prophet
Who are suppose to pay jizyah?
Jizyah is to pay by the adult sound
male who is physically fit.
Who are not oblige to pay jizyah?
Woman, unsound person, children,
old age person, physically unfit person,
priest or monk
Method of payments?
Either by cash or payment in kinds
(by giving goods ot item which can be
live stocks, grain rice or clothing).
Prohibited item is not allowed such as
pork, liquor.
When jizyah have to be paid?
Jizyah is to be pay at the end of Hijrah
year.
Amoutn of jizyah
the ship to sail in that canal which
benefited to all.
2. Second duty of dhimmi Duty to pay
Kharaj
Kharaj is land tax
particularly refer to the conquer land
where the Islamic State decided not to be
divided among their soldier but this land
left to the origin, as a result they have to
pay kharaj (land tax).
unlike jizyah is rescribe in al-Quran
Kharaj is institute or ijtihad based on
the Muslim scholars.
Non-Muslim who decided to convert t
Muslim no need to pay jizyah because
they need to pay zakah, but for kharaj,
they still have to pay even though they
converted to Muslim.
3. Others duty
Duty to respect Muslim they cannot
provoke or making noise during prayer
Duty to obedience and become a
loyal citizen to the Islamic State
Duty to contribute to the welfare of
the country.