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The Islamic Personality by Sheikh Taqīuddīn An-Nabahānī

22. Implementing Islam Is Obligatory Upon The Disbelievers

It is obligatory to implement the Islamic rules upon all those in Dar al-Islam under the rule of the Islamic State just like they are implemented upon the Muslims equally, whether he is a dhimmi or a mu’ahid or must’amin. The ruler is not given a choice in that; rather it is obligatory to implement the Islamic rules upon them without hesitation because Allah (swt) said in relation to the People of the Book:

“Judge between them with all that Allah revealed and do not follow their desires after the Truth came to you” [TMQ 5:48].

He also said in relation to them:

“Rule between them with all that Allah revealed and do not follow their desires. And beware that they do not seduce you from just some of what Allah revealed to you” [TMQ 5:49].

And He (swt) said:

“Verily We revealed to you the Book in truth so that you rule between the people with what Allah revealed” [TMQ 4:105].

This is a general rule covering the Muslims and non-Muslims since the word “nas” (people) is general:

“So that you rule between the people” [TMQ 4:105].

As for Allah’s statement:

“Listeners to falsehood, eaters of illicit wealth (suht). If they come to you then rule between them or turn away from them” [TMQ 5:42]

The meaning is that those who come to the Islamic State from outside it to arbitrate to the Muslims in their dispute with another disbeliever or disbelievers. The Muslims are given a choice between judging between them or turning away from them. The ayah was revealed about those whom the Messenger of Allah (saw) made a treaty with the Jews of Madinah and they were tribes considered as other States; accordingly there were treaties between him and them. Whereas if the disbelievers were submitting to the rule of Islam such as when they were dhimmis or they came as musta'min submitting to the rule of Islam i.e. consenting to enter Dar al-Islam together with submitting to the rule of Islam like mu’ahids or must’amins, it is not allowed to rule between them except with Islam. Whoever among them refuses to return to the rule of Islam, the ruler compels him and punishes him because of it since he entered into a pledge with the condition of being bound by the rules of Islam whether it was the pledge of dhimmah or treaty or security without distinction between them as long as he is in Dar al-Islam

The Messenger of Allah (saw) wrote to the people of Najran, and they were Christians:

“Whoever among you contracts with riba then there is a no pledge (dhimmah) for him.”

Ibn Umar narrated

“Two Jews, a man and woman who had committed adultery were brought to the Prophet (SAW) so he (saw) judged about them and they were stoned.”

Anas narrated

“A Jew killed a slave-girl for her silver jewellery with stones, so the Messenger of Allah (saw) killed him with two stones.”

These Jews were from the Muslims’ citizens, and what is apparent is that this was after the end of the Jewish entities and their being protected as citizens under the Muslims’ authority.

However if it is an action which enters into the category of creeds for them, even if for us it were not in the category of creeds, we do not oppose them in it but leave them in relation to it and what they believe about it. So if they believed in the permissibility of drinking alcohol, they are not punished over it because they do not believe in its illegality so they are not bound with its punishment like disbelief (kufr). We do not implement upon them what relates to creeds because at that point it would be considered compulsion in the deen while Allah (swt) says:

“There is no compulsion in the deen” [TMQ 2:256]

And because the Messenger (saw) said:

“Whoever is upon Judaism or Christianity, then he is not tempted from it” (narrated by Al-Bukhari).

Implementing upon them what contradicts their religion by force is temptation from their religion; so accordingly they are not forced upon the creeds and worships. Also because they were consented upon their disbelief (kufr) in relation to the creeds when and were not consented upon the rule of kufr, so punishing them over what enters into creeds is punishing them upon kufr which they believe in which is not allowed. Accordingly it is obligatory to implement the rules of Islam upon the disbelievers in Dar al-Islam just as they are implemented upon Muslims.

Reference: The Islamic Personality - Sheikh Taqīuddīn An-Nabahānī

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