Rules on How to Interact with Non-Muslims english islamic book pdf

Rules on How to Interact with Non-Muslims english islamic book pdf

أحكام التعامل مع غير المسلمين
Rules on How to Interact with
Non-Muslims
Written by:
Dr. Khalid b. Muhammad al-Maajid.
Professor in Imam Muhammad b. Saud University
Translated by:
Abdurrahmaan Murad al-Kanadi
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Terminology used in this Book

  1. Rubb: Some prefer to translate the term ‘Rubb’ into
    ‘Lord.’ Beside the fact that the latter is a Biblical term
    referring to the alleged lordship of the slave of Allah,
    Prophet Jesus, the word ‘lord’ which is limited to
    ‘master’, ‘chief’, ‘proprietor’, or ‘ruler’, can never convey
    the conclusive signification of the term ‘Rubb’. Among
    other signification, the term ‘Rubb’ means, the Creator,
    the Fashioner, the Provider, the One upon Whom all
    creatures depend for their means of subsistence, and the
    One Who gives life and causes death.
  2. Deen: The word translated as religion is ‘Deen’, which
    in Arabic commonly refers to a way of life, which is both
    private and public. It is an inclusive term meaning: acts
    of worship, political practice, and a detailed code of
    conduct, including hygiene or etiquette matters.
  3. [] Sal’lal’laaho a’laihi wa sal’lam. Some translate it
    as peace be upon him. This translation is incorrect; the
    correct translation is, may Allah exalt his mention, and
    render him and his household safe and secure from every
    derogatory thing.
  4. [] Radi Allahu anhu. This means: ‘with whom
    Allah is pleased.’ It is said when the Companions name’s
    are mentioned.
    
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    I begin with the name of Allah, the Most Merciful, the
    Beneficent
    All praise is due to Allah, Rubb of the worlds, and may
    Allah exalt the mention of his Prophet, Muhammad, and
    render him and his household and companions safe from
    every derogatory thing.
    The aim of this booklet is to educate new Muslims
    about laws that pertain to non-Muslims in matters of
    Aqeedah (creed) and Fiqh (Jurisprudential Law) and the
    stance one should acquire from them, and how he should
    interact with non-Muslims in his country, and other
    related issues.
    I have written this in response to the request of the
    brothers from Sulai Da’wah Office in Riyadh who felt it
    was important to clarify these rulings to new Muslims in
    a concise and inclusive way.
    Who is a Non-Muslim?
    He is the one who disbelieves in the Message of our
    Prophet Muhammad  or does not believe in a pillar of
    the Deen or something known by necessity therein.
    Legally, they are called: ‘Kaafir’.
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    Types of non-Muslims
    First Type: A person who is non-Muslim openly and
    privately. They are known as ‘Obvious Kaafir’. Obvious
    Kaafirs can be categorized into two categories:
    First Category: Original Kaafirs. They are the ones
    who have not accepted Islam previously. This
    category includes People of the Book, Majians, and
    others. They have specific rules which vary according
    to their religions.

Second Category: Apostates. They are the ones who
accepted Islam, and then apostatized; whether they
accepted Islam after the age of puberty or were raised
as Muslims or their fathers were Muslims and then
later, they apostatized.
Second Type: Those who openly show that they are
Muslims, when in fact they conceal Kufr (disbelief) in
their hearts. They are called hypocrites (munafiq).
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Creedal Rulings

Rules on How to Interact with Non-Muslims english islamic book pdf

  1. Rulings pertinent to the Hereafter.
    The one who dies as a non-Muslim would be from either
    of the two types mentioned below:
    First Type: One who is not charged with religious
    duties, such as the insane, and child who has not reached
    the age of puberty. The scholars are at variance regarding
    their rule in the Hereafter. Some of them stated that Allah
    would judge them according to His knowledge…for He
    indeed knows who of them would accept Islam, and who
    of them would reject it had they been sane or had they
    reached the age of puberty. This opinion is weak, for
    Allah only holds the slave accountable for that which he
    actually did.
    Some scholars said that they would enter Jannah
    (Heavenly Abode) and would be treated similarly to
    insane Muslims and their children.
    Other scholars said that they would be tested by Allah
    similar to the ‘People of Fatrah’ who lived in the period
    wherein Allah did not send a Prophet1
    , neither was there
    a correct Deen. The last two opinions are more correct
    than the first opinion.
    Second Type: He has reached the age of puberty,
    wherewith the duties of Islam would be charged upon
    him. These non-Muslims are of two categories.
    1 This is the period between P
    .rophet Eesa (Jesus)  and Prophet Muhammad .
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    First Category: Those who heard about Islam in an
    appropriate manner, such that they understand it,
    know its basic beliefs, and laws, and then refuse to
    accept it. These would enter the Fire and dwell therein
    forever. Allah  says:
    Surely those who disbelieve from among the
    followers of the Book and the polytheists shall be
    in the Fire of Hell, abiding therein; they are the
    worst of men. (98:6)
    And He  says:
    And (as for) those who disbelieve, for them is the
    fire of Hell. Neither will it have a complete killing
    effect on them so that they die, nor shall its
    torment be lightened for them. Thus do We requite
    every disbeliever. (35:36)
    Second Category: He who has not heard of Islam or
    it was conveyed to him in an inappropriate manner,
    such that he could not discern truth from falsehood,
    nor could he search for the truth. These people are
    called ‘Ahlul-Fatrah’ (i.e. People of the Period). Allah
    would test them in the Hereafter, by creating for them
    what seems to be Fire, which is in fact Jannah. He
    would ask them to enter it, whoever obeys Him would
    certainly be a Muslim, and would enter Jannah.
    Whoever disobeys Him is a disbeliever and would
    enter Hell-Fire. The proof of this is in the words of
    Allah :
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    And We never punish until We have sent a
    Messenger (to give warning). (17:15)
    Even though every Kaafir would dwell in Hell-Fire,
    their punishments vary according to the level of their
    disbelief, and enmity towards the Truth. Whoever’s
    enmity and disbelief is more relentless would be
    punished more severely.
    The hypocrites would receive the most severe and
    painful torment in the Hereafter, due to the severity of
    their disbelief and their danger upon the Muslims. Allah
     says:
    Verily the hypocrites will be in the lowest depth of
    the Fire; no helper will you find for them. (4:145)
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  2. Rulings pertinent to this world
    1st Ruling: One must believe that every religion other
    than the Deen of Islam is Kufr (infidelity) and that only
    Islam would be accepted in the Hereafter. Allah  says:
    And whoever seeks a Deen other than Islam, it
    will never be accepted of him, and in the Hereafter
    he will be one of the losers. (3:85)
    One must believe that all non-Muslims are Kaafir, no
    matter what religion they adhere to, and that they are
    misguided. Allah  says:
    Is he then whose bosom Allah has opened for the
    acceptance of Islam, so that he possesses a light
    from his Rubb, like him who is groping in the
    darkness of disbelief? Woe, then to those whose
    hearts are hardened against the remembrance of
    Allah! They are in manifest error. (39:22)
    Muslims should apply what they can of the rules that
    are pertinent to non-Muslims.
    They should firmly believe that if non-Muslims die
    upon Kufr, while the Message of Islam reached them in
    an appropriate manner such that the evidence has been
    established against them, they are certainly from the
    People of the Fire even if they are People of the Book.
    The proof of this is in the Hadeeth of Abu Hurairah 
    that the Prophet  said:
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    ‘By the One in whose hands is my life, no one from
    this Ummah whether Jew or Christian who hears
    of me and does not believe in what I have been sent
    with, except that he is from the People of the Fire.’
    (Muslim)
    2nd Ruling: The incumbency of disowning and
    disavowing the disbelievers and their nations, and to
    show enmity to them both openly and privately without
    differentiating between them. The reason for this is that
    they have rejected the right of Allah which is to worship
    Him alone and not associating any partners to Him, and
    they have rejected the Message of our Prophet . Allah
     says:
    There is a good model for you in Ibraheem and
    those with him, when they said to their people, ‘We
    have nothing to do with you and with that which
    you worship beside Allah. We disbelieve all that
    you believe. There has arisen enmity and hatred
    between us and you forever, until you believe in
    Allah alone. (60:4)
    Allah  says:
    O you who believe! Take not those for friends
    who make a jest and sport of your religion from
    among those who were given the Book before you,
    and the disbelievers. And fear Allah if you are
    believers.
    (5:57)
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    Allah  says:
    O you who believe! Take not the Jews and the
    Christians for friends. They are friends one to
    another. And whoso among you takes them for
    friends is indeed one of them. Verily, Allah guides
    not the unjust people. (5:51)
    Hating and showing enmity to them should be done
    proportionately according to their disbelief and enmity to
    Islam.
    To disavow them means to be displeased with them and
    their nations and to be displeased with their residing on
    the falsehood. To hate them denotes hating them from a
    religious perspective or to love them without reason
    which would mean loving and being pleased with their
    disbelief or giving precedence to their love over the love
    of Allah. As for loving them for a worldly purpose or for
    a certain reason such as the love a person holds for his
    father or a husband for his wife or a colleague for his
    colleague who is well mannered, and the one who is kind
    for his kindness, there is no sin in this.
    To show enmity to them means hating them and not
    taking them as friends by helping them against the
    Muslims whether physically, monetarily, verbally or
    otherwise.
    3rd Ruling: It is prohibited to imitate any of them in their
    specific customs such as baptizing children in church, or
    celebrating their religious holidays, such as Christmas. It
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    is also prohibited for a person to imitate them in their
    manner of dress, and appearance and holding festivals
    similar to their festivals such as birthdays, and wedding
    anniversaries.
    Allah  says:
    Say, O People of the Book! Exceed not the limits
    in the matter of your religion unjustly, nor follow
    the evil inclinations of a people who went astray
    before and caused many to go astray, and who
    have strayed away from the Right Path. (5:77)
    Allah  also says:
    O you who believe! Be not like those who have
    disbelieved… (3:156)
    The Prophet  said:
    ‘Whoever imitates a people he is from them.
    (Abu Dawood)
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    Rulings Pertinent to Non-Muslims in Matters of
    Fiqh (Islamic Jurisprudence)
    1st Category: Rules that are pertinent to non-Muslims
    in acts of worship:
    All acts of worship are subject to a general rule …acts
    of worship would not be accepted from a non-Muslim.
    Allah  says:
    And nothing has deprived them of the acceptance
    of their contributions save that they disbelieve in
    Allah and His Messenger. And they come not to
    Prayer except lazily and they make no
    contribution save reluctantly. (9:54)
    Islam is the main condition for the acceptance of acts of
    worship…even though this is a prerequisite for the
    acceptance of good deeds, they are charged with the acts
    of worship, and would be punished for not doing them.
    Allah  says:
    What has brought you into the Fire of Hell? They
    will say, ‘We were not of those who offered
    prayers, nor did we feed the poor. (74:42-44)
    Therefore, the first thing a Muslim should call a Kaafir
    to, is to enter the folds of Islam, which is accomplished
    by uttering the two Testimonies of Faith. This is what the
    Prophet  advised Mu’aadth  with when he sent him to
    Yemen. He  said:
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    ‘You will be approaching People of the Book, so let
    the first thing you call them to be the Testimony,
    that there is no true god worthy of worship except
    Allah alone, and that Muhammad is the last
    Messenger…’(Agreed Upon)
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    Rules that are pertinent to non-Muslims in
    Taharah (cleanliness) and Salah (prayers):
    First of All: Allah  says:
    O you who believe! Surely, the idolaters are
    unclean. (9:28)
    The preponderant opinion is that the meaning of ‘filth’
    in this verse refers to spiritual filth which is acquired
    through disbelief in Allah, and not the actual filth. That is
    why it is lawful for a Muslim to marry women from the
    People of the Book who are Muhsanah2
    , and for men to
    shake the hands of their men if they greet us. It is also
    lawful to wear clothes that they have tailored, and even
    those that they have worn, as long as no filth has touched
    it, similar to the clothes of Muslims.
    Second of All: Using Non-Muslims’ utensils. These
    utensils can be categorized into two categories.
    First: Utensils which are made from unlawful material,
    such as dog or pig skin, or utensils made from gold or
    silver, or it is stolen or taken by force…it is not lawful to
    use these things. Had these items (made from such things
    and acquired in similar way) belonged to Muslims they
    would be unlawful to use as well, so by right, things that
    belong to non-Muslims are unlawful to use as well.
    2 i.e. a chaste woman who has not committed fornication nor does she
    approve of it.
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    Second: Utensils which are made from pure material
    such as rock, wood, other metals or glass. If a Muslim
    buys these things when new, using them is lawful. The
    ruling varies if non-Muslims use these items to cook, eat
    and drink from them.
    a. If it is considered that they do not use these
    utensils for unlawful drinks and food, then it is lawful to
    use directly without washing them. Jabir b. Abdullah 
    said:
    ‘We would accompany the Messenger of Allah 
    and acquire utensils of the polytheists, and we
    would use them, and he would not blame us for
    that.’ (Ahmed & Abu Dawood)
    b. If it is considered that they use these utensils to cook
    their meats and drink their unlawful beverages and a
    Muslim can get utensils besides these ones, then it is
    unlawful for him to use them. If he cannot find any other
    utensils, then he should purify them to remove the traces
    of filth, after that he can use them. The proof of this is in
    the Hadeeth of Abu Tha’labah al-Khushani  that he
    said: ‘O Messenger of Allah we live in a land of the (in
    which majority of people are) People of the
    Book…should we eat from their utensils? The Messenger
    of Allah said:
    ‘If you find other utensils then do not eat from
    their utensils. But if you cannot find any other
    utensils then wash them and use them.’ (Bukhari)
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    c. If a person is doubtful, he should wash the utensils.
    According to the above, it is lawful to perform prayers
    using their clothing and carpet which are pure and lawful.
    Third: When a person accepts Islam he should take a
    bath as in the Hadeeth of Qais b. Aa’sim. When he
    accepted Islam Prophet  ordered him to take a bath with
    water and Sidr (leaves from Lote tree).’ (Ahmed, Nasa’ee,
    Tirmidthi, Abu Dawood)
    A Muslim can force his Christian or Jewess wife to
    bathe after she becomes pure from her menstruation and
    post-natal bleeding, and to cleanse herself from urine in
    observance of his complete rights, even though she
    should take a bath in any case.
    Fourth: When a person enters the folds of Islam, he
    should be circumcised even if he is elderly, except if he
    fears that he would die or become terminally ill. In this
    case, it is not compulsory to circumcise in order to
    protect his body and self. Circumcision is a Sunnah
    which the Messengers adhered to. Ibraheem 
    circumcised himself when he was 80 years old.
    Fifth: It is not lawful to perform prayers in temples or
    places of worship which do not belong to Muslims, such
    as churches, synagogues, and Houses of Fire. It is only
    lawful to perform prayers in these places in dire
    situations, such that a Muslim cannot find any other place
    to pray, such that he is held captive therein. If he can
    remove the pictures and statues in front of him he should
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    do so. Otherwise, he should pray in the side of the temple
    where the fire or statues are not in front of him.
    Sixth: It is not lawful for non-Muslims to enter the
    Masjid al-Haraam (in Makkah) at all, even if they are
    given permission by Muslims or due to a dire need or to
    bring their hearts closer to Islam.
    As for other Masajid3
    , the scholars are at variance
    regarding it. The preponderant opinion is that it is lawful
    for them to enter the Masjid for a dire need. The proof of
    this; the Kuf’faar4 (non-Muslims) would enter the Masjid
    of the Prophet  in Madinah, and he did not prevent
    them from entering it. He even held Thumaamah b.
    Uthaal captive in his Masjid before he accepted Islam.
    Seventh: It is not lawful for a Muslim to give a Mushaf
    (Qur’an) sell it, or bequeath it or give it as collateral to a
    Kaafir, for they would possibly disrespect the Mushaf,
    and it is unlawful for them to touch it. Allah  says:
    O you who believe! Surely, the idolaters are
    unclean. (9:28)
    It is lawful to give them a translation of the meanings of
    the Qur’an if it is hoped that they would accept Islam.
    But, if it is feared that they would disrespect it or use it to
    3 Plural of Masjid (i.e. the prayer place of the Muslims).
    4 Plural of Kaafir.
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    attack Muslims and increase their enmity against them,
    then it is unlawful to give a copy to them.
    Eighth: It is not lawful for a Muslim to perform prayers
    in a place where non-Muslims perform prayers such as a
    Church. Likewise, it is not lawful for a Muslim to
    perform acts of worship at the times they do their acts of
    worship, such as the time when the sun rises a spear’s
    length in the sky, except if a specific proof specifies the
    legality of acts of worship during that time such as
    Jinaazah (Funeral) prayer. It is lawful to perform it
    before sunset and sunrise.
    Ninth: It is lawful for a Muslim to visit a non-Muslim
    if he falls sick. The Prophet  visited his Jewish
    neighbor. He can ask Allah to cure him, but should not
    supplicate Allah to grant him reward and forgive him. It
    is also lawful for a Muslim doctor to tend to him, and try
    his best in that…he may even recite Qur’an upon him, as
    is mentioned in the Hadeeth of Abu Sa’eed al-Khudri
    which is agreed upon. Likewise, in the story of the
    Companion who recited Surah al-Fatihah to cure the
    chief of the tribe who was bitten by a scorpion. The
    Prophet  thereafter approved of his action.4F
    5
    Some scholars even mentioned that it is lawful to offer
    condolences to a non-Muslim if a relative of his passed
    away. He should say in his condolence to them, if the
    deceased is a non-Muslim, ‘May Allah replace you with
    better’ because they are not among those who deserve
    5 Muslim
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    reward and mercy. He should in any case seek to bring
    their hearts closer to Islam. A Muslim may also visit a
    non-Muslim’s grave to heed. He should not greet the
    dead, nor supplicate Allah for them, or seek forgiveness
    for them. The proof of this is in the Hadeeth of Abu
    Hurairah , in which the Prophet  said:
    ‘I sought permission from my Rubb to ask
    forgiveness for my mother, and He did not grant it
    to me. I then sought permission to visit her grave,
    and He allowed me (to visit her grave.)’ (Bukhari)
    It is not allowed for a Muslim to wash a non-Muslim’s
    body, or shroud him because the Messenger of Allah 
    tossed the bodies of the polytheists in the well at Badr
    without washing or shrouding them. Allah  says:
    And never pray for any of them that die, nor
    stand by his grave; for they disbelieved in Allah
    and his Messenger and died while they were
    disobedient. (9:84)
    It is not allowed to supplicate Allah to grant them
    mercy and forgiveness. Allah  says:
    It is not befitting for the Prophet and those who
    believe that they should ask Allah forgiveness for
    the idolaters, even though they may be kinsmen,
    after it has become plain to them that they are the
    people of Hell. (9:113)
    It is not lawful for a Muslim to take charge of burial
    procedures for a non-Muslim. If the non-Muslim has no
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    relative to bury him…a Muslim may bury the body in
    order to prevent people from being harmed by its stench.
    It is also unlawful for a Muslim to walk in the burial
    procession, carry it, or to attend the burial itself. Allah 
    says:

  3. nor stand by his grave. (9:84)
    It is not lawful for them to be buried in Muslim
    cemeteries. Rather, he should be buried in non-Muslim
    graveyard, for the Prophet  did this, and the scholars
    have unanimously agreed on this.
    If a woman from the People of the Book has passed
    away, while her husband is a Muslim and she is pregnant
    and the fetus is three months old, she should be buried in
    a Muslim cemetery. Her back should be faced to the
    Qiblah6 so that the fetus would face the Qiblah. The
    reason for this is that the fetus is a Muslim, because its
    father is a Muslim, and it is unlawful to bury a Muslim in
    a non-Muslim cemetery, so in observance of its right, the
    mother is buried in a Muslim cemetery.
    6 The direction a Muslim faces in prayers, which is the Ka’bah in
    Makkah.
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    Rules that are pertinent to non-Muslims in Zakah
    (Poor-due):
    First of all: It is unlawful to give Zakah of one’s wealth
    or that of Fitr7 to non-Muslims. The Prophet  said to
    Mu’aadth  when he sent him to Yemen:
    ‘Inform them that Allah has prescribed upon them
    Sadaqah (charity) –which is the Zakat- which is to
    be taken from their rich and given to their poor.’
    (Agreed Upon)
    In this Hadeeth the rich and poor refers to Muslims.
    Zakah may be given to non-Muslims if their conversion
    to Islam is imminent, or to those from whom goodness is
    hoped for when they are given or their evil is kept away
    from Muslims. Allah  says:
    And those whose hearts are to be reconciled. (9:60)
    Second of all: It is lawful for a Muslim to give charity to
    a non-Muslim as long as he is not a Harbi (non-Muslim
    who held arms against Muslims). Likewise, he may
    bequeath him a portion of his wealth, and give gifts to
    him. He may be generous to him, and reward him for the
    good that he does, for this is from the Birr (goodness)
    which a Muslim may offer to them. Allah  says:
    7 Zakat al-Fitr, this is a kind of Zakah that is due at the end of the month
    of Ramadhan. It is incumbent on every Muslim who owns an excess of
    food over his family’s need. It must be given out in food, such as barley,
    wheat, dates, rice, etc.
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    Allah forbids you not, respecting those who have
    not fought against you on account of your religion,
    and who have not driven you forth from your
    homes, that you be kind to them and act equitably
    towards them; surely Allah loves those who are
    equitable. (60:8)
    The Prophet  said:
    ‘One would receive reward for showing kindness
    to every living thing.’ (Agreed Upon)
    Asmaa bint Abi Bakr  said that her mother -who was
    a polytheist- visited her, and Asmaa  sought the
    permission of the Messenger of Allah  to give charity to
    her mother, and he allowed her. Umar  gave his
    polytheist brother a silk garment. Nevertheless, it is
    unlawful to give an unbeliever a gift if the occasion is
    inappropriate, such as giving a gift to them during their
    religious functions.
    It is lawful for a Muslim to accept the gift of an
    unbeliever as long as it is lawful. The Prophet  accepted
    the gift of al-Moqoqas and he was an unbeliever.
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    Rules that are pertinent to Non-Muslims in Jihad
    First of all: Non-Muslims can be categorized into two
    categories concerning legality of fighting them or not.
    First Category:
    Fighters: They are those with whom no treaty,
    agreement or truce exists between them and Muslims. It
    is appropriate to fight them according to capability. In
    some cases fighting them may be deemed Fard Ain
    (Individual Duty); this is the case when they invade a
    Muslim country to colonize it, and kill the Muslims and
    take their wealth. In this circumstance, it is a must for
    every able Muslim within that country to fight them. If
    they are in need of their brother’s help from other
    countries then all Muslims should help and support them
    with men, money and weapons until they are strong
    enough to face them. Allah  says:
    But if they seek your help in the matter of
    religion, then it is your duty to help them. (8:72)
    Fighting them may even be classified as Fard Kifayah
    (collective duty) if there are enough Muslims; in this case
    it is not compulsory upon other Muslims. This is the case
    when the unbelievers prevent their peoples from learning
    out about Islam and accepting it. If the Muslims are
    strong, it is a must upon a sufficient number to fight
    them. Allah  says:
    And fight them until there is no persecution, and
    religion is freely professed for Allah. But if they
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    24
    desist, then remember that no hostility is allowed
    except against the aggressors. (2:193)
    Thereafter, fighting unbelievers in this case is
    praiseworthy upon other Muslims. It is unlawful for
    Muslims to initiate fighting them, until they call them to
    accept Islam. If they refuse, they should call them to
    accept a truce and pay Jizyah8 to non-Muslims. If they
    refuse, it is lawful to fight them.
    Second Category:
    Civilians: These are people between them and Muslims
    are a peace accord or treaty, and they have not done
    anything to rescind it. This category includes three types
    of people:
    a. Ahludth-Dhim’mah: They are the unbelievers who
    reside in Muslim countries and are pleased with the laws
    of Islam concerning them. They pay Jizyah and abide by
    the laws pertaining to them. Majority of the scholars are
    agreed that this status can only be given to Jews,
    Christians and Majians. Any other unbeliever would have
    to accept Islam or be killed. Other scholars are of the
    opinion that any unbeliever living in Muslim lands is
    given this status, and this is the preponderant opinion.
    The proof of this are the words of Allah :
    There should be no compulsion in Deen. (2:256)
    8 It is a head tax imposed on all non-Muslims living under the protection
    of an Islamic government.
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    25
    b. Mu’aahid: They are the unbelievers who reside in
    non-Muslim countries between whom there is a treaty
    and peace accord.
    c. Mos’ta’man: They are citizens of non-Muslim
    countries which are at war with Muslims and the Imam
    or other Muslims have allowed them to take asylum in
    Muslim countries whether they are People of the Book or
    other unbelievers. There is only one rule regarding them
    …their lives and properties are to be safeguarded, it is
    unlawful to shed their blood, and take their property.
    Allah  says:
    Fight those from among the People of the Book
    who believe not in Allah, nor in the Last Day, nor
    hold as unlawful what Allah and His Messenger
    have declared to be unlawful, nor follow the true
    Deen, until they pay the tax with their own hand
    and acknowledge their subjection. (9:29)
    And He  says:
    And if anyone of the idolaters asks protection of
    you, grant him protection so that he may hear the
    word of Allah; then convey him to his place of
    security. That is because they are a people who
    have no knowledge. (9:6)
    It is praiseworthy to be kind and just to them, to bring
    them closer to Islam. It is a must that Muslims preserve
    their lives and properties, as long as they are under the
    protection of Muslims, from anyone who wants to harm
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    26
    them, regardless if the transgressor is a Muslim or nonMuslim. The proof of this is in the words of Ali :
    They have paid the Jizyah so their wealth must be
    treated similar to our wealth, and their lives to be
    valued as our lives.
    It is a must that the Muslims ransom the captives of the
    people of Dhimmah with money, for this is part of the
    pledge of safeguarding them.
    Whenever Muslims fear the Mu’aahid or Musta’min
    would breach the treaty, it is lawful to annul the treaty
    and inform them of that and then fight them. Allah 
    says:
    So if you catch them in war, then by routing them
    strike fear in those that are behind them, that they
    may be admonished. (8:58)
    Whenever they breach the treaty it is lawful to wage
    war against them, and it is not a must to annul the treaty,
    for the betrayal was on their part. The Prophet  fought
    the infidels of Quraish without informing them that the
    treaty was annulled, when they betrayed and breached it.
    This took place during the year of the Conquest of
    Makkah. As for the people of Dhim’mah their treaty
    should not be annulled until they actually do something
    which necessitates that; for they are subject to the rules
    of Islam. Furthermore, the damage that would be caused
    from their annulment of the treaty is less harmful. If they
    breach the treaty then those who breached it alone would
    Rules on how to interact with Non-Muslims_________
    27
    be punished and it is lawful for the Muslims to shed their
    blood and take their wealth as a penalty for the
    annulment of the treaty. The treaty is breached when they
    break one of its conditions agreed on. For example if they
    swear at Allah, or His Messenger  or the Deen of Allah
    or make fun of something therein, or fornicate with a
    Muslim woman, or help the infidels against the Muslims,
    or spy against them or the like.
    As for the apostates who apostatize from Islam, if their
    infidelity has been affirmed, they would be given the
    choice to return to Islam within three days…if they return
    to Islam it would be accepted from them, otherwise, they
    would be given the rule of apostates and killed.
    As for hypocrites whose hypocrisy relates to their
    belief9 they are treated as Muslims, but whoever openly
    declares his hypocrisy would be treated like an apostate.
    9 Hypocrisy is of two types; Creedal Hypocrisy. The one who upholds it
    displays Islam and conceals infidelity. This type condemns those who
    uphold it to the lowest level of Hell-Fire. The second type is Practical
    Hypocrisy, which is possessing a trait of the hypocrites while retaining
    Iman in his heart. A person who upholds it combines both Iman and
    hypocrisy. The traits of the hypocrites is mentioned in the following
    Hadeeth: The Prophet  said:
    ‘Four traits, whoever possesses them is a sheer hypocrite. And
    whoever possesses one of them would possess a trait of hypocrisy
    until he relinquishes it. When he is entrusted, he betrays the trust,
    and when he speaks, he lies, and when he enters into a treaty he
    behaves treacherously, and when he disputes with others he behaves
    immorally.’ (Bukhari)
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    Second of all: When Muslims fight non-Muslims for a
    valid reason, the warfare has certain rules which the
    Muslims should abide by, the most important of which
    are:
  4. Not killing women, children, elderly or monks who
    are in their places of worship, as long as they do not take
    part in the battle, then they are to be killed like the rest.
  5. Not to mutilate the dead or burn their bodies, except
    in retaliation to what they have done. Allah  says:
    And the recompense of an injury is an injury the
    like thereof; but whoso forgives and his act brings
    about reformation, his rewards is with Allah.
    Surely, He loves not the wrongdoers. (42:40)
  6. Being faithful to the treaty and not being treacherous.
    The Hadeeth of Buraidah  clearly exemplifies the
    conduct one should uphold. The Prophet  said:
    ‘Fight in the path of Allah, and do not go into
    excess. Do not breach the trust nor mutilate or kill
    a newborn.’ (Muslim)
    In the Hadeeth of Ibn Umar  the Prophet  saw a
    woman who was killed during one of the battles and he
    forbade killing woman and children. (Agreed Upon)
    Third of all: It is a must upon Muslims to migrate from
    the land of the infidels to the land of Islam under the
    following conditions:
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    29
    a. If a Muslim cannot openly practice the rites of his
    Deen in the land of Kufr, or he is fearful that he, his
    family or wealth would be subject to trials and
    tribulations.
    b. If a Muslim can afford the journey to the land of
    Islam and also the costs of Hijrah (migration).
    c. Accessibility to a Muslim country where he can
    live legitimately, and he can also openly practice
    the rites of his Deen.
    If one of the previous conditions are not present then
    Hijrah is not compulsory on him, rather it is
    praiseworthy or lawful.
    Fourth of all: The rule of living in a Kaafir country
    differs according to one’s association with that country.
    a. If he is a legitimate citizen of the Kaafir country, and
    he holds that country’s citizenship, it is lawful for him to
    stay in that country if one of the previously mentioned
    conditions is not met (mentioned in the previous point).
    b. If he is not a citizen of that country…rather he wants
    to live in it while leaving a Muslim country. It is not
    lawful in its original state. The Prophet  said:
    ‘I am innocent of a Muslim who lives among the
    infidels…their two fires should not be visible to
    each other.’ (Abu Dawood)
    A Muslim’s creed and mannerisms might be affected
    due to the danger of living in a Kaafir country which no
    sane man can deny.
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    30
    It is lawful to stay in a Kaafir country under the
    following circumstances:
    a. There is a valid reason to stay, such as the necessity of
    an appropriate Hijrah…If a Muslim fears for his Deen,
    life, wealth, honor, his children, and he cannot find any
    Muslim country to flee to…and the Kaafir country
    receives him, and he is safe and secure therein. Another
    valid reason is when a person goes there to receive
    medical attention, business relations or for further
    education, while these services are not found within
    Muslim countries…or he goes officially to represent a
    Muslim country.
    b. If a person goes with the intention of temporary
    stay…staying there permanently means that a person is
    migrating from the lands of Islam to the lands of Kufr
    and this is in direct conflict with the Shari’ah, which
    states the incumbency of migrating from the lands of
    Kufr to the lands of Islam.
    c. The non-Muslim country which one wants to stay in is
    not at war with Muslims.
    d. Freedom of religious practice in the land of Kufr, and
    sense of safety and security in that country, and a person
    can safeguard himself and his family from tribulations,
    and he can learn, teach and practice his Deen.
    Furthermore, he can practice the rites of his Deen
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    31
    openly…for this is more important than safeguarding
    one’s self and wealth.
    e. A Muslim should remain faithful to Islam and his
    brothers…he should not favor his relation to the Kaafirs
    over his Muslim brothers.
    If these conditions are prevalent, it is lawful for a
    Muslim to reside in a Kaafir country and acquire a
    residency permit therein. It is also lawful for him to take
    the citizenship of that country if he cannot reside in that
    country otherwise.
    Fifth of all: Fighting with non-Muslims differ according
    to those who are being fought.
    First:
    a. If Muslims are fought, whether they are individuals,
    groups or countries, and the non-Muslims initiated the
    war against them, then it is not lawful to fight with the
    non-Muslims as this is considered as befriending the
    Kaafir, which would cause one to exit the folds of Islam.
    It is a must upon Muslims to support the Muslims against
    them, or it is praiseworthy according to ones capability
    and condition.
    If the Muslims are the ones who initiate the war, and
    they were not oppressive in doing so, it is not lawful to
    fight alongside the non-Muslims…for it is not lawful to
    fight Muslims under any circumstance. Furthermore, it is
    not lawful for him to fight against the Kaafirs if there is a
    treaty between them. Allah  says:
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    32
    But if they seek your help in the matter of
    religion, then it is your duty to help them, except
    against a people between whom and yourselves
    there is a treaty. And Allah sees what you do. (8:72)
    If there is no treaty between Muslims and non-Muslims,
    it is appropriate for him to fight the Kaafirs alongside the
    Muslims. It may be incumbent upon him or praiseworthy
    according to his capability and situation.
    If the Muslims were the ones who started the
    aggression and he was able to stop their oppression, then
    he should do so. Otherwise, he should not fight either
    side, and it is not lawful for him to help or aide anyone.
    Second:
    If those who are fought are non-Muslims…the
    following circumstances would apply:
    a. There is a treaty between him and the side that is being
    fought. In this case it is not lawful to fight them, even if
    they had oppressed the others, for he must abide by the
    treaty.
    b. If there is no treaty between him and those being
    fought, and the war was waged wrongfully by the
    Kaafirs…it is not lawful for him to fight them, even if he
    has pledged to help them, since it is not lawful to support
    and aide the wrongdoers, even if they are Muslims!
    Therefore, by right it is not lawful to do so when they are
    Kaafir.
    Rules on how to interact with Non-Muslims_________
    33
    If the oppression is from the opposing party of Kaafirs,
    he should fight with them against them if he has agreed
    to do so, for it is incumbent to fulfill treaties, and it is
    lawful if the Muslims would benefit…and it is unlawful
    if there is no benefit to be gained nor is there a treaty
    between him and the Kaafirs. It is not lawful to fight
    unless in the case of fulfilling vows and treaties or to
    benefit the Deen, or Muslims, and this is not the case
    here.
    Sixth of all: It is lawful for a Muslim to work in public
    offices and in the parliament under three conditions:
    a. The work that a person does there is lawful; for it is
    not lawful for a Muslim to work in unlawful fields in a
    Muslim country, so to do so in a non-Muslim country, by
    right is unlawful as well…so it is unlawful for a person to
    work in a wine factory, bank or pub.
    b. Muslims would not be harmed by this work. It is
    lawful to work for a non-Muslim as long as that work
    would not harm him or his Deen or the Muslims such as
    working as a spy against Muslims whether they are
    individuals or governments, or working on weapons
    development for the non-Muslims…except if the Muslim
    studies in this field to gain experience to benefit the
    Muslims. Similarly it is unlawful to learn how to wage
    war ‘electronically’ against Islamic websites, and to learn
    the basics of warfare to harm the Muslims. If he would
    be able to benefit Muslims with this knowledge or
    position it would be lawful, such as being appointed as a
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    34
    minister over religious affairs, or in charge of migration
    or a member of municipal affairs. He would be able to
    benefit Muslims through his position in this case.
    c. That the position he has maintained does not require
    of him to do things which conflict with the Shari’ah,
    whether it be a thing which pertains to Aqeedah (creedal
    issues) such as taking part in polytheistic celebrations; or
    they pertain to acts of worship such as not performing
    prayer in the Masjid under the pretext of not being
    tolerant of other religions…whether or not they pertain to
    transactions such as approving of usury based
    transactions or in the field of mannerisms such as forcing
    Muslim women to remove their hijaab10 during work.
    Seventh of all: Taking part in elections is lawful whether
    or not these elections are federal, municipal or local. It
    may even be compulsory upon Muslims to take part,
    whenever a benefit is sought from these elections or an
    evil would be waived. This is considered from ordering
    with the good and forbidding evil.
    Eighth of all: To abide by the laws of non-Muslim
    countries…this differs according to the type of law.
    a. If the law does not conflict with Shari’ah, such as the
    laws that relate to traffic order, issuing permits,
    respecting the rights of others and their properties, a
    10 Hijab is the women’s head cover.
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    35
    Muslim must abide by these, for he resides in a country,
    and he must abide by these things. Allah  says:
    O you who believe! Fulfill your compacts. (5:1)
    b. They conflict with the laws of Shari’ah…if he can
    avoid them, such as unlawful transactions, he should
    avoid them…he would not be harmed for the fact that
    they are present in his community. Allah  says:
    O you who believe! Be heedful of your own selves.
    He who goes astray cannot harm you when you
    yourselves are rightly guided. (5:105)
    If he cannot avoid these things…he should look at the
    reason that brought him to the Kaafir country. If he chose
    to move to the Kaafir country, then it is not lawful for
    him to remain there…and he must migrate from it. If he
    is forced and has no other way, he should fear Allah as
    much he can and avoid these transactions. Thereafter,
    whatever he falls into would be considered a necessity,
    and dire needs legalize unlawful things.
    Ninth of all: The scholars are at variance regarding
    seeking the help of Kaafirs in Jihad. Majority of the
    people of knowledge stated that it is not lawful. Their
    proof is the Hadeeth of A’ishah  in which a polytheist
    said to the Prophet : ‘I want to fight with you and get
    the booty.’ The Prophet  said to him:
    ‘Do you believe in Allah and His Messenger?’ He
    said: ‘No’ so the Prophet  said to him: ‘Go back,
    for I will not use the help of a polytheist.’ (Muslim)
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    36
    In another Hadeeth narrated by Ahmed11 the Prophet 
    said:
    ‘We do not seek the help of polytheists against
    polytheists.’
    Other scholars stated that it was lawful for Muslims to
    seek the help of polytheists in this regard under three
    conditions:
    a. The necessity of seeking help from others.
    b. The one whom Muslims seek help from are not a
    people of treachery, such that they would not
    betray the Muslims or spy on them.
    c. The Muslims are more in number and possess
    more weapons than those they seek help from. The
    proof of this is that the Prophet  sought the help
    of Safwaan b. Umay’yah in the Battle of Hunain
    and he was a polytheist. He borrowed his armor
    and took him along with him.
    11 i.e. Imam Ahmed b. Hanbal, may Allah have mercy on him. He was a
    great scholar and compiler of Hadeeth.
    Rules on how to interact with Non-Muslims_________
    37
    Rules that are Pertinent to Non-Muslims in
    Money Transactions
    First of all: It is lawful for Muslims to do business with
    non-Muslims, such as bartering, and all other
    transactions. The laws applicable to Muslims in this
    regard are also applicable to non-Muslims as well.
    Second of all: It is lawful for a Muslim to open a
    company with Dhimmi, Mu’aahd or Mosta’min as a
    business partner…under the condition that the Muslim
    can ensure that Shari’ah is upheld, and that all dealings
    are done accordingly. He should not allow his nonMuslim partner to use the money as he wishes unless
    close supervision is maintained, so that he would not use
    the money in an unlawful manner.
    Third of all: It is not lawful for a Muslim to engage in
    un- Islamic transactions such as usury and gambling. Nor
    should he deal with him in unlawful things such as drugs
    and the like, for this would lead to spreading evil on
    earth, and Allah does not like evil.
    Fourth of all: People of knowledge have differed
    whether it is lawful for a Muslim to overbid after the sale
    has been concluded to a non-Muslim, such that the nonMuslim and the seller have agreed on a certain price, and
    before taking the money, someone offers a higher price.
    They also differed regarding the case where an individual
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    38
    sells an item at a bargain to a certain individual;
    thereafter another seller comes and agrees with the seller
    to buy it.
    The preponderant opinion is that it is lawful regardless if
    the non-Muslim is a Dhimmi or otherwise; for the
    original state in this is that it is lawful. The prohibition
    mentioned12 relates to Muslims overbidding and
    outselling their brothers…A Kaafir cannot be considered
    a brother to a Muslim, since the meaning of brotherhood
    in this instance is the brotherhood of Islam.
    Fifth of all: It is lawful to loan a non-Muslim and to take
    loans from them. It has been authentically affirmed that
    the Companions during the Prophet’s life used to take
    loans from the Jews in Madinah and the Prophet 
    agreed with them…In order for this to be correct, the
    following conditions are to be met:
    a. The loan is usury free.
    b. The Muslims would not be harmed by this.
    c. The Muslim would most likely retrieve his loan, if
    the Muslim is the one who is loaning.
    Sixth of all: It is lawful for a Muslim to deputize a nonMuslim as long as the following conditions are met:
    a. Deputizing a non-Muslim would not be tantamount
    to giving him authority over a Muslim, such as
    deputizing a non-Muslim to divorce his wife on his
    12 Abu Hurairah  said that the Messenger of Allah  forbade that one
    should urge somebody to return the goods to his brother so as to sell him
    his own goods. (Bukhari)
    Rules on how to interact with Non-Muslims_________
    39
    behalf, or taking care of his children, or to have authority
    over an Islamic endowment, or to execute his will, or to
    divide his inheritance, or to appoint him as a judge
    among Muslims. Allah  says:
    And never will Allah allow those who deny the
    truth to harm the believers. (4:141)
    b. He should not deputize him to perform acts of
    worship on his behalf (wherein deputization is lawful);
    such as slaughtering a sacrificial animal, to lead prayers,
    call adthan (call to prayer) or offer the Friday Sermon.
    These acts of worship are not accepted from a nonMuslim. Allah  says:
    And nothing hinders their spending being
    accepted from them, except that they disbelieve in
    Allah and in His Messenger. (9:54)
    c. A Muslim should not deputize a non-Muslim to do
    unlawful things on his behalf…such as ratifying a
    contract of usury, or to do something unlawful such as to
    buy liquor for him. Also one should not deputize a nonMuslim in things a Muslim can solely do, such as
    officiating his marriage or buying a Muslim slave.
    Seventh of all: It is lawful for a Muslim to borrow things
    from a non-Muslim and to loan him things, such as books
    etc, as long as he is not a warring infidel. This is
    considered from Ihsaan (kindness and generosity) and is
    lawful to be shown to them. A condition on the item that
    Rules on how to interact with Non-Muslims_________
    40
    is lent to the non-Muslim must be present, such that it is
    lawful for a non-Muslim to benefit from it, such as a car,
    and a computer. On the other hand, if the item is not
    among those things that are lawful to be lent to nonMuslims, then it is unlawful…such as a Mushaf (Qur’an)
    and a Muslim slave.
    Eighth of all: It is lawful for a Muslim to accept the
    trust-items of non-Muslims, and to entrust them with
    Muslims trust items. If non-Muslims are given trust
    items; besides the condition of being non-warring infidels
    they must be trustworthy, and it is almost certainly
    thought they would not betray the trust.
    Ninth of all: It is lawful for a Muslim to accept and
    exchange gifts with non-Muslims. The Prophet 
    accepted the gift of al-Moqoqas, King of Egypt, which
    included the slave girl Maariyah, the Coptic. Umar 
    gave his polytheist brother a silk garment, which the
    Prophet  had given him.
    Tenth of all: The wealth of non-warring infidels which
    Islamic law has approved of are considered respectable
    property which is unlawful to destroy, even if it is among
    those things a Muslim is not allowed to hoard or keep
    under his possession like liquor. As for the wealth of the
    warring infidels, it is lawful for Muslims to destroy it as
    long as this is a beneficial course of action. Allah
    approved of the Prophet’s actions and that of his
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    41
    Companions when they cut down the date-palms of Bani
    Nadheer during the Battle of Khaibar. Allah  says:
    Whatever palm-tree you cut down or leave
    standing upon its roots, it is by Allah’s command,
    and that He may abase the transgressors. (59:5)
    Eleventh of all: The foundling of a non-Muslim has a
    right on the Muslims who found him…that is, to take
    care of him in similar manner as the foundling of a
    Muslim. Allah  says:
    And surely We have honored the children of
    Adam. (17:70)
    He is considered a Muslim when he utters the two
    Shahaadah (Testimonies of Faith) after he reaches the
    age of discretion, which is usually at seven years.
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    Rules that are pertinent to non-Muslims in
    Inheritance
    First of all: The preponderant opinion is that a Muslim
    cannot inherit a non-Muslim even if he is related to him
    through lineage, marriage, or emancipation. The proof of
    this is the words of the Prophet :
    ‘A Muslim cannot inherit a Kaafir, and a Kaafir
    cannot inherit a Muslim.’ (Bukhari)
    Second of all: If non-Muslims ask us to judge between
    them in matters pertaining to inheritance, we should
    divide their inheritances and estates according to the laws
    of Islam. In this circumstance non-Muslims who come to
    Muslims to settle their disputes in this regard are from
    one of the following categories:
    a. The deceased and the heir adhere to the same
    religion…in this case; the inheritance is to be
    divided as it is divided amongst Muslims.
    b. The deceased and the heir do not adhere to the
    same religion. For example, the deceased is a
    Christian, and the heir is a Jew. The scholars in this
    matter have differed and hold three opinions:
    First Opinion: Non-Muslims who are adherents of
    different religions do not inherit from each other.
    The proof of this is the words of the Prophet :
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    43
    ‘No two adherents of different religions would
    inherit (from each other).’ (Ahmed, Abu Dawood,
    Nasa’ee)
    Second Opinion: They would inherit from each
    other regardless of the difference of religion, as
    long as they reside in countries whose relationship
    is friendly, for the Kufr is one nation. Allah 
    says:
    And (as for) those who disbelieve, some of them
    are the guardians of others. (8:73)
    Third Opinion: People of the Book would inherit
    from each other (i.e. Jews and Christians) since
    they are people who received a Divine Scripture.
    Non-Muslims who are not from the People of the
    Book would not inherit from those who are since
    this common factor is missing.
    Any of the above three opinions may be put into
    application since there is no decisive proof to determine
    the preponderancy of one of these opinions.
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    Rules that pertain to non-Muslims in Family
    Relations:
    First of all: It is not lawful for a Muslim to look at a nonMuslim woman unless he is considered her male
    Mahram13; the proof of this is taken from the generality
    of the words of Allah:
    Say to the believing men that they cast down their
    looks and guard their private parts; that is purer
    for them; surely Allah is aware of what they do. (24:30)
    It is not lawful for a Muslim to touch or shake the hand
    of a non-Muslim woman (or even a Muslim woman), for
    the Prophet  said:
    ‘It is better for a man to have an iron nail stabbed
    into his head than touch a woman who is not
    lawful for him.’ (Tabraani –authentic as stated by Sheik Al-Albani,
    may Allah have mercy on him)
    It is lawful to look at a woman under certain
    circumstances, such as looking at a woman before
    marriage, or for a judge or witness, or a doctor.
    As for a Muslim woman, it is lawful for her to look at a
    non-Muslim woman and vice versa. Some scholars are of
    the opinion that a Muslim woman should not display her
    adornment to a non-Muslim woman.
    13 Mahram: a male escort such as a husband, or one of the woman’s male
    siblings who are not lawful for her to marry.
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    Second of all: A non-Muslim has no guardianship over
    his female relative in terms of marriage. Allah  says:
    And never will Allah allow those who deny the
    truth to harm the believers. (4:141)
    Her guardian in this condition is her Muslim relative, and
    if she has no Muslim relative then the Muslim ruler or his
    representative such as a judge or head of a Muslim
    community, would be considered her guardian. If this is
    not possible then she should deputize a good Muslim as
    her guardian in this regard.
    Third of all: It is not lawful for a non-Muslim to marry a
    Muslim woman…regardless if he is from the People of
    the Book or not. Allah  says:
    If you find them to be believing women, do not
    send them back to the unbelievers; neither are
    these (women) lawful for them, nor are those (men)
    lawful for them. (60:10)
    Allah  says:
    And do not give (believing women) in marriage to
    idolaters until they believe. (2:221)
    Fourth of all: It is not lawful for a Muslim to marry an
    infidel who is not from the People of the Book. Allah 
    says:
    And do not marry idolatresses until they believe.
    (2:221)
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    A Muslim should avoid marrying a woman from the
    People of the Book, due to the dangers that ensue from it;
    yet if he wants to marry from them, it is lawful. Allah 
    says:
    This day (all) the good things are allowed to you;
    and food of those who have been given the Book is
    lawful for you and your food is lawful for them;
    and the chaste from among the believing women
    and the chaste from among those who have been
    given the Book before you (are lawful for you
    when you have given them their dowries, taking
    (them) in marriage, not fornicating nor taking
    them as mistresses in secret. (4:5)
    There are five conditions which must be met in order for
    it to be lawful for a Muslim to marry a woman from the
    People of the Book:
    a. She must be Muhsanah (i.e. chaste).
    b. The marriage is concordant to Shari’ah law.
    c. The father must not fear non-Islamic things to arise
    from this contract, such that the children would be
    under the jurisdiction of the mother, or the mother
    adheres staunchly to her religion, and teaches her
    children, or she takes her children to the church or
    synagogue…this is a great danger which the
    children would suffer from…such that they would
    be satisfied with disbelief after belief.
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    d. The conditions pertinent to the marriage contract
    must be met, which are:
  7. Both husband and wife are happy with the
    marriage…the wife must be aware that this
    is an actual marriage and not an illicit
    relationship.
  8. The guardian of the wife must be present.
  9. Dowry must be offered by husband to the
    wife.
  10. Two witnesses must be present to attest to
    the marriage.
  11. The approval of the wife’s guardian, such
    that he says: ‘I have married you so and so
    who is under my guardianship.’ And the
    approval of the husband, such that he says: ‘I
    agree to this marriage.’
    e. No debarment of marriage should be
    present…such that she is in her waiting period. A
    Muslim who is marrying a non-Muslim matron
    should make sure that she has waited the
    appropriate period. If she was divorced her waiting
    period (if she is pregnant) ends with delivery of the
    baby. If she is not pregnant then she should wait
    for three menstrual periods. If her husband died,
    then she should wait for four months and ten days.
    Fifth of all: The Muslim husband should live with his
    wife righteously. He should be just and kind to her as he
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    would behave with his Muslim wife. It is permissible for
    him to love her the way a husband would love his wife.
    This love is not considered love for her Deen…He should
    call her to Islam, since this is considered as ordering with
    the good and forbidding evil, and is incumbent upon all
    Muslims, each according to their ability. He can order her
    to purify herself, and can ask her to remove extra hair. He
    may also order her to take a bath, for this would give him
    complete pleasure, and it is a right she owes him, and she
    must obey him in this matter.
    Sixth of all: If a Muslim divorces his wife who is from
    the People of the Book, she must observe a waiting
    period of three menstrual bleedings. If she is pregnant
    then the waiting period ends with child-birth. She must
    observe this period before marrying anyone else similar
    to a Muslim woman. She must also observe ihdaad
    (avoid all means of beautification) after his death, if she
    is still married to him. Both observance of the waiting
    period and ihdaad are exclusive rights the wife owes to
    the husband.
    Seventh of all: Upon divorce or separation of any kind
    between husband and wife, custody of children is given
    to the father since they are Muslims and he is a Muslim
    as well. Allah  says:
    And never will Allah allow those who deny the
    truth to harm the believers. (4:141)
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    Eighth of all: Islam acknowledges marriage contracts of
    non-Muslims…and they are not requested to renew them
    if they accept Islam, for the Prophet  approved and
    acknowledged of marital contracts of non-Muslims
    whether or not they were from the People of the Book
    upon accepting Islam, and he did not render them null
    and void.
    If they accept Islam together, their marriage is correct
    and they may continue their marital life together. If the
    man accepts Islam before the woman, and she is from the
    People of the Book, their marriage is correct and they can
    continue their marital life. But if they are not from the
    People of the Book, and he did not have an intercourse
    with her, their marriage would be rendered null and void,
    without any need to utter the divorce. If one of them
    accepts Islam after the consummation of the marriage,
    the marital condition would depend on the waiting
    period, whether it is by child birth (in case the wife is
    pregnant) or three menstrual periods. If she accepts Islam
    during that period, she would remain his wife, and the
    contract would not have to be renewed. If the waiting
    period has passed, and she has not accepted Islam, their
    marriage would be rendered null and void…the period is
    considered from the time the husband accepts Islam.
    Allah  says:
    And hold not your matrimonial ties with the
    disbelieving women. (60:10)
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    And Allah  says:
    And marry not idolatrous women until they
    believe. (2:221)
    If the wife accepts Islam before the husband, whether
    she is from the People of the Book or not, the ruling
    previously mentioned regarding a man who accepts Islam
    and his wife is not from the People of the Book is
    applicable here, with the same detail. Allah  says:
    Then if you find them true believers, send them
    not back to the disbelievers. These women are not
    lawful for them, nor are they lawful for these
    women. (60:10)
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    Rules that are pertinent to non-Muslims in
    Castigations, retaliatory and normal punishments
    First of all: If a non-Muslim (who is legally in a Muslim
    country) does an action which necessitates a retaliatory
    punishment the choice is given to those who have been
    harmed, to demand the punishment, ask for bloodmoney, or pardon the individual. If the non-Muslim
    killed a Muslim, the guardians of that individual would
    be given the choice (from the above choices). If a nonMuslim harms a Muslim by amputating one of his limbs
    such as his leg or poking his eye out, the one harmed
    would be given the previous choices. If a person is
    harmed in such a way that no retaliation of same nature
    can be instituted, then the individual who is harmed
    would be given the choice between the blood-money and
    pardoning the individual. In this matter the non-Muslim
    is treated like a Muslim. Allah  says:
    And therein We prescribed for them: A life for a
    life, and an eye for an eye, and a nose for a nose,
    and an ear for an ear, and a tooth for a tooth, and
    for other injuries equitable retaliation. And whoso
    waives the right thereto, it shall be an expiation for
    his sins. (5:45)
    And Allah  says:
    O you who believe! Equitable retaliation in the
    matter of the slain is prescribed for you: the free
    man for the free man and the slave for the slave,
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    and the female for the female. But if one is granted
    any remission by one’s brother, then pursuing the
    matter for the realization of the blood-money shall
    be done with fairness and the murderer shall pay
    him the blood-money in a handsome manner. (2:178)
    Second of all: If a Muslim harms a non-Muslim whether
    he be a Dhimmi, or a Mosta’man by either wounding or
    killing him, he would have certainly accumulated a grave
    sin. The Messenger of Allah  said:
    ‘Whoever kills a Dhimmi or Mu’aahid would not
    smell the scent of Jannah.’ (Bukhari)
    This individual would also be deserving of punishment,
    and he must pay the blood-money to him…but he is not
    to be killed or wounded. The Messenger of Allah  said:
    ‘A Muslim is not to be killed for a Kaafir (in
    retaliatory punishment).’ (Bukhari)
    Similarly, if a Dhimmi kills a warring infidel, who
    deserves a castigatory punishment, he would not be
    punished, and he does not have to pay blood-money, nor
    atonement, for he killed a warring infidel whose life is
    not respected.
    Third of all: The preponderant opinion is that the diyah
    (blood-money) of an inviolable person from the People
    of the Book who is killed unintentionally is half the diyah
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    of a Muslim. If a man is killed, then the blood-money
    would equal to half of a male’s…and if a female is killed,
    then the blood-money is equal to half of a female
    Muslim’s. The proof of this is in the Hadeeth of the
    Prophet  which is narrated by Amr b. Shu’aib on the
    authority of his father on the authority of his grandfather
    that the Prophet  set the blood-money of a person from
    the People of the Book as being half of a Muslim’s. (Ahmed)
    If a person from the People of the Book is murdered
    and it was premeditated and the murderer is a
    Muslim…Imam Ahmed was of the opinion that the
    blood-money would be doubled and thus would equal
    that of a Muslim’s. This also has been mentioned on the
    authority of Uthman b. Af’fan …Majority of the people
    of knowledge are of the opinion that it should not be
    doubled.
    Fourth of all: If a non-Muslim, Dhimmi or Mu’aahid,
    committed a crime in a Muslim land which necessitates a
    castigatory punishment -first of all- the nature of the
    crime has to be assessed; if it is something that Islam
    acknowledges for them in their religion such that they
    can practice it privately, such as consuming liquor, they
    would not be punished. On the other hand, if the
    individual openly displays this sin, it is lawful to punish
    him with an appropriate punishment which would
    prevent him from doing it again. If the sin is a thing
    which Islam has not acknowledged for them, such as
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    fornication, he would be punished with the castigatory
    punishment of fornication. Allah  says:
    The fornicatress and fornicator –flog each one of
    them with a hundred lashes. (24:2)
    In the Hadeeth of Ibn Umar  the Prophet  stoned
    two Jews (to death) who had engaged in adultery in
    Madinah when they raised the issue to the Prophet . (Agreed Upon)
    Similar to this crime is, is the crime of theft and
    slandering chaste woman of illicit relations.
    It is necessary to clarify here that some scholars do not
    necessitate establishing any castigatory punishment upon
    them, except if they raise their issue to Muslim courts, or
    the one who is harmed by them is a Muslim. If the matter
    is between them, and no Muslim is involved, and they
    did not raise their issue to us…judging between them in
    this instance is not a must, nor is establishing any
    castigatory punishment against them.
    Fifth of all: If a Muslim harms non-Muslims whether he
    is a Dhimmi or Mo’aahid with a thing that necessitates a
    castigatory punishment, such as fornicating with a
    woman from the People of the Book or sodomizing one
    of them, or stealing their respected property; the Muslim
    would be punished with a castigatory punishment. He
    would receive similar punishment were it to be
    committed against a Muslim. If he blames their chaste
    women of committing fornication, engaging in illicit
    relations or sodomy, it would not be necessary to punish
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    the Muslim with castigation; but he should be disciplined
    to stop him from talking about them and harming them.
    Sixth of all: No castigatory or retaliatory punishment can
    be established upon a Muslim while he is living in a nonMuslim country, whether or not this country is at war
    with Muslims or not. Although, the punishment would
    not be waived in that case…rather it would be delayed
    until he comes to a Muslim country and there he would
    be punished accordingly, as long as all the conditions are
    observed. This is the preponderant opinion. The proof of
    this if it occurs in a country which is at war with Muslims
    is the Hadeeth of Bishr b. Abi Ar’ta’ah that a man was
    brought who had stolen during the battle, and he said:
    ‘Had it not been for the fact that I heard the Messenger of
    Allah  saying: ‘Do not cut hands-off during battle.’ I
    would have chopped your hand off. (Abu Dawood)
    Sa’eed b. Mansoor narrated that al-Ahwas b. Hakeem
    said that his father said that Umar instructed the head of
    the army and battalion to not lash anyone therein while
    they are fighting, so that he would not be affected by
    Satanic desires and join the infidels. Abud Dardaa  and
    Hudhaifah b. al-Yamaan  also narrated similar to this
    Hadeeth.
    So if this is the ruling that pertains to Muslims who are
    in battle while they are under Muslim control…then by
    right this ruling should be put into effect regarding the
    Muslims who live in a Kaafir country which is at war
    with Muslims.
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    Furthermore, if a Muslim commits a crime that is
    punishable in Islam with castigatory punishment in a
    non-Muslim country which is friendly to Muslims…and
    they have no authority to establish any such punishment
    or to rule by the laws of Allah…or the non-Muslim
    country considers establishing these punishments outside
    of its judicial courts a crime; then in this case, a Muslim
    should no do things which would make them liable for
    punishment. Therefore, these necessary castigations
    should not be implemented in a non-Muslim country due
    to the fact that Muslims are incapable of establishing
    them.
    The proof that the castigation is to be established upon
    the criminal when he enters a Muslim country is from the
    general proofs that necessitate establishing castigations
    against criminals. In this case, the castigation was
    delayed due to a circumstance, similar to delaying some
    duties (incumbent) upon a Muslim due to sickness.
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    Rules that are pertinent to animals slaughtered by
    non-Muslims and their foods
    First of all: Non-Muslims foods other than meat
    products which must be slaughtered according to
    Shari’ah are Halal (lawful)…such as fish, vegetables,
    fruits and things that are processed and made from these
    products. The prime condition here is the same condition
    that is considered in Muslim foods, such that it is lawful
    and pure. Since there are no proofs which point to its
    prohibition, these foods remain in their original state of
    purity and lawfulness. Allah  says:
    He it is Who created for you all that is in the
    earth; then He turned towards the heavens, and
    He perfected them as seven heavens; and He
    knows all things. (2:29)
    Second of all: It is unlawful to eat animals that are
    slaughtered by non-Muslims. Allah  says:
    And eat not of that on which the name of Allah
    has not been pronounced, for surely that is
    disobedience. (6:121)
    Animals slaughtered by Jews and Christians are
    excluded from this ruling. It is lawful to eat of what they
    slaughter under the condition that they slaughter
    according to Islamic Shari’ah if the animal has to be
    slaughtered, such as a sheep, such that they cut its throat
    with a knife and sever the animal’s windpipe, food-tract,
    and two jugular veins. If the sacrificial animal is a camel
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    it should be killed with a spear, until the blood flows out
    of it. Allah  says:
    This day all good things have been made lawful
    for you. And the food of the People of the Book is
    lawful for you, and your food is lawful for them. (5:5)

If the animal is killed in any other way it is considered a
Mai’tah14 and is unlawful to consume. Similarly, if a
Muslim slaughters in a way other than what the Shari’ah
specifies, it is unlawful. On the contrary, the illegality of
a non-Muslim’s animal which is killed in this method is
more intense than the Muslim’s, as he kills an animal in a
non-Islamic method, so this is a non-Muslim’s maitah.
A Muslim would be categorized in one of three
categories according to his knowledge of how animals
are slaughtered by non-Muslims.
a. If he is sure or almost certain that the animal was
slaughtered in a non-Islamic manner, it is not lawful
to eat from it.
b. If he is sure or almost certain that the animal was
slaughtered in an Islamic manner, it is lawful to eat
from it.
c. If he is doubtful and uncertain regarding this…he
may eat from it, since the original state in this matter
is that they are lawful to eat, but it is an act of piety to
avoid consuming this.
14 Maitah: A dead animal. i.e. the animal which has not been slaughtered
in the manner prescribed by the Islamic Law.
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Rules that are pertinent to non-Muslims in
Judicial laws and Evidences
First of all: It is not lawful for a non-Muslim to assume a
vital post in a Muslim country such as ruler, minister, or
judge. Similarly, it is not lawful for a non-Muslim to
assume a lesser position such as head of an
administration, whether this post is a civil or military
one. Allah  says:
And never will Allah allow those who deny the
truth to harm the believers. (4:141)
Furthermore, these positions require the individual who
assumes them to be strong and trustworthy. A nonMuslim is not trustworthy when he is put in charge of
Muslims interests. This matter has been unanimously
agreed upon by the People of Knowledge. As for normal
jobs, it is lawful to hire them, as long as it serves the best
interest of the Muslims, and they would not be
harmed…whether or not this job has no authority such as
a doctor, architect, engineer, hard laborer or the like…or
jobs that have a certain degree of authority such as a
trainer in the private sector or for the military.
Second of all: If a non-Muslim raises a complaint against
a Muslim it would be accepted and listened to. It is a
must upon the judge who judges between them to rule
with justice, as he would between Muslims in general.
Allah  says:
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And if you judge, judge between them with
justice. Surely, Allah loves those who are just. (5:42)
Third of all: The testimony of a non-Muslim against a
Muslim is not accepted in a judicial court of law…since
the condition for its acceptance is that the individual be
trustworthy. A non-Muslim is not trustworthy…as for
their testimonies against each other, the scholars are at
variance regarding this…possibly the preponderant
opinion in this issue is that it is accepted, regardless
whether the one giving the testimony is from the same
religion as the one who he is testified against or not.
Furthermore, it may be difficult to find a Muslim who
would attest and testify for them in their disputes due to
the limited interaction with Muslims. If their testimony is
not accepted among them, this would lead them to losing
their rights, which is unlike the Muslims who would
easily find someone to testify for or against him from the
Muslims.
Fourth of all: When a non-Muslim takes an oath in a
dispute, it would be accepted from him. The proof of this
is in the Hadeeth of Ibn Abbas :
‘The Prophet  had given the verdict that the
defendant had to take an oath.’ (Bukhari)
In the Hadeeth of al-Ash’ath b. Qais, that a dispute
occurred between him and a Jew, regarding a piece of
land, and this matter was taken to the Prophet , and he
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said to al-Ash’ath: ‘Do you have a piece of evidence?’
He said: ‘No’ so the Prophet  told the Jew: “Swear an
oath.” (Bukhari)
But the non-Muslim should only swear an oath by
Allah…the Prophet  said:
‘Whoever swears an oath let him do so by invoking
Allah or keep quiet.’ (Agreed Upon)
The Judge should ask a Jew to take an oath by saying:
‘I swear by the One who has revealed the Torah to
Moses’ and the Christian should say: ‘I swear by the one
who has revealed the Gospel to Jesus.’
The judge may be critical of the oath taken by a nonMuslim such as to force him to take an oath in a specific
time and place which they magnify.
Finally, we praise Allah the Rubb of the Worlds, and
may Allah exalt the mention of our Prophet and render
him, his household, and Companions safe from every
derogatory thing.
Khalid b. Muhammad al-Majid
23/4/1425H
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Glossary

  1. Aqeedah: Creed.
  2. Bid’ah: An innovation; in this book it refers to
    religious innovations.
  3. Fitnah: Trial, strife and tribulation.
  4. Hadeeth: Prophetic Tradition.
  5. Hudood: Castigatory punishments in Islam.
  6. Hukum: Ruling.
  7. Ijtihaad: In general, it is the exertion of effort. In this
    book it refers to exertion of one’s effort to reach a ruling
    in an issue. Ijtihaad is specific for the scholars; since
    issuing rulings and verdicts in Islam is not the duty of
    every individual.
  8. Iman: Belief.
  9. Jannah: This is the heavenly abode which Allah
    grants the pious slaves in the Hereafter. It is
    mistranslated as ‘Paradise’.
  10. Kaafir: pl. Kuf’faar, a disbeliever.
  11. Kufr: Disbelief.
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  12. Mahram: a male escort such as a husband, or one of
    the woman’s male siblings who are not lawful for her to
    marry.
  13. Maitah: A dead animal. i.e. the animal which has not
    been slaughtered in the manner prescribed by the Islamic
    Law.
  14. Shari’ah: Islamic Jurisprudential Law.
  15. Shirk: Associating partners with Allah.
  16. Sunnah: Has more than one meaning. It may refer to:
    a. Prophetic Traditions.
    b. Rulings; i.e. it would then mean that the act is an
    act endorsed by the Sunnah.
    c. or to signify that an act is praiseworthy.
  17. Taqwah: Piety.
  18. Ummah: Nation.
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    Table of Contents
  19. Terminology used in this book 2
  20. Introduction 3
  21. Who is a non-Muslim? 4
  22. Types of non-Muslims 4
  23. Creedal Rulings 5
  24. Rulings pertinent to the Hereafter 5
  25. Rulings pertinent to this world 8
  26. Rulings pertinent to non-Muslims in matters of Fiqh 11
  27. Rules pertinent to Taharah and Salah 14
  28. Rules pertinent to Zakah 21
  29. Rules pertinent to Jihad 23
  30. Rules pertinent to money transactions 37
  31. Rules pertinent to Inheritance 42
  32. Rules pertinent to family relations 44
  33. Rules pertinent to castigations and punishments 51
  34. Rules pertinent to foods 57
  35. Rules pertinent to Judicial laws 59