21.9 Himoyalangan shaxs (al-mustamin)
21.9 The Protected Person (al-m'ustamin)
"Al-Musta'min" with a kasra on the meem is the one seeking security. He is the one entering the homeland of another with a security, i.e., the one who enters another's country with a security, whether he was a Muslim or a belligerent. If a Muslim enters the war homeland (Dar al-Harb) with a security, it is forbidden for him to oppose anything from them, as Muslims are bound by their conditions. If he leaves with anything of their property which he did not take by force, such as if he took it by guile or theft, his possession of these is a forbidden ownership and he must give them as sadaqa. Whereas if he seized it by force, it is returned to them, since seizure by force is guaranteed for the one seized from; it is returned to him whether he was a disbeliever or a Muslim. Just as a Muslim's entry into the land of kufr is allowed with a security, the belligerent is allowed to enter the Muslims' land with a security. The Messenger of Allah ﷺ did give security to the disbelievers on the day of the conquest of Makkah and said:
The “M'ustamin” with a “kasra” in the “meem” is the one seeking security. He is the one entering the homeland of another with a security i.e. the one who enters another’s country with a security whether he was a Muslim or belligerent. If the Muslim enters the war homeland (Dar al-Harb) with a security, it is forbidden for him to oppose anything from them as Muslims are bound by their conditions. If he leaves with anything of their property which he did not take by force such as he took by guile or theft, his possession of these is a forbidden ownership and he must give them as sadaqa. Whereas if he seizes by force, it is returned to them since seizure by force is ensured for the one seized from; it is returned to him whether he was a disbeliever or a Muslim. Just as a Muslim’s entry into the kufr land is allowed with a security, the belligerent is allowed to enter the Muslims’ land with a security. The Messenger of Allah (saw) did give security to the disbelievers on the day of the conquest of Makkah and said:
“Kimki eshigini yopsa, u omonda bo‘ladi” (Muslim rivoyat qilgan).
“Whoever closes his door is safe” (narrated by Muslim).
U'ka mushriklarning elchilariga xavfsizlik kafolatladi va xavfsizlik berilgan kishiga xiyonat qilishni man etdi. Abu Said rivoyat qiladi: Allohning Elchisi ﷺ aytdilar:
He guaranteed security to the envoys of the polytheists and forbade betrayal of the one given security. From Abu Said who said: The Messenger of Allah (saw) said:
Qiyomat kuni har bir xiyonatkor uchun uning xiyonatiga qarab bayroq ko‘tariladi. Xalq rahbaridan ko‘ra kattaroq xiyonat qiluvchi xiyonatkor yo‘qdir” (Muslim rivoyat qilgan).
“There is a flag for each betrayer on the Day of Judgement raised according to his betrayal. And there is no betrayer of greater betrayal than the leader of the masses” (narrated by Muslim).
Biroq, xavfsizlik berilgan harbiy kofirga musulmonlar yurtida yillab yashashga ruxsat berilmaydi. Unga bir oy yoki ikki oy yoki undan ko'proq muddatga xavfsizlik beriladi, lekin bir yildan ortiq muddatga berilmaydi. Agar unga muddati belgilanmagan cheklanmagan xavfsizlik berilgan bo'lsa, odat bo'yicha muddat bir yil hisoblanadi, chunki unga jizya to'lamasdan Islom davlatida yashashga ruxsat etilgan, shuning uchun unga bir yil beriladi. Agar u bundan oshib ketsa, unga ikki tanlov beriladi: yashash va jizya to'lashga majbur qilinish yoki Dor al-Islomni tark etish. Agar u bir yildan keyin ham qolsa, u jizyani qabul qilgan deb hisoblanadi va unga zimma yuklanadi, shunday qilib u zimmiy bo'ladi va undan jizya olinadi, chunki kofirning jizyasiz Islom yurtida qolishi joiz emas. Undan lozim bo'lgan jizya soqit bo'ladi va unga zimma majburiy qilinadi. Agar u yil oxirida yoki undan oldin chiqib ketsa, undan jizya lozim bo'lmaydi. Agar u chiqib ketsa, unga berilgan avvalgi xavfsizlik bekor bo'ladi, shuning uchun ikkinchi marta kirmoqchi bo'lsa, unga yangi xavfsizlik kerak bo'ladi.
However the belligerent with a security is not enabled to dwell in the Muslims’ land for years. He is given security for a month or two or more but is not given for more than one year. If he is given an unrestricted security without a determined period, the convention is a year as it is allowed for him to reside in the Islamic State without jizyah so he is given a year. If he exceeds this, he is given a choice between residence and being compelled with the jizyah or leaving Dar al Islam. If he stays after a year, it is considered that he accepted the jizyah and the dhimmah is imposed upon him so he becomes a dhimmi and jizyah is taken from him because it is not permitted for a disbeliever to remain in the Islamic land without jizyah. The jizyah due falls from him and the dhimmah becomes compelled upon him. If he leaves at the end of the year or before it, jizyah does not fall due from him. If he leaves, his previous security is invalidated so if he wishes to enter a second time he requires a new security.
Musta’minni qo‘llab-quvvatlash Xalifa zimmasiga yuklatilgan majburiyat bo‘lib, u Dor al-Islomda bo‘lguncha shunday davom etadi. Shu sababli uning huquqi zimmiylar huquqi kabidir. Agar musta’min jazo talab qiladigan jinoyat sodir etsa, zimmiylarga nisbatan qo‘llanilganidek, unga nisbatan ham barcha jazolar qo‘llaniladi, faqat aroq ichganlik uchun belgilangan majburiy jazo bundan mustasno. Chunki Dor al-Islom Shariat hukmlari amalga oshiriladigan joy bo‘lib, undagi barcha kishilarga, musulmonlar, zimmiylar yoki musta’minlardan qat’i nazar, Shariat hukmlari tatbiq etiladi. Allohning Elchisi ﷺ Najron ahdiga xat yozganlar, ular nasroniy edilar, deb yozgan.
Supporting the musta’min is obliged upon the Khalifah as long as he is in Dar al-Islam, so his rule is like the rule of the people of dhimmah. If the musta’min commits what obliges a punishment, all punishments are undertaken against him like the people of dhimmah except the obligatory punishment of alcohol as the Dar al-Islam is the place for enforcing the Shari’ah rules so the Shari’ah rules are enforced upon everyone within it among Muslims, dhimmis or musta’mineen. The Messenger of Allah (saw) wrote to the pledge of Najran and they were Christians:
"Darhaqiqat, sizga riboga asoslanib bay'at bergan kishining uchun hech qanday zimmah (himoya) yo'qdir."
“Verily whoever pledges allegiance to you upon riba, there is no dhimmah for him.”
Riboning Islomiy hukmlaridan ekanligi uchun, Payg'ambarning ﷺ zimmiylardan riboga oid garovni (pledge) qabul qilmagani hukmlarga amal qilishga buyurilganligining dalilidir va musta'min bilan zimmiy kabi muomala qilinadi.
Riba is from the Islamic rules so the Messenger’s implementation of no pledge upon riba from the people of dhimmah is an evidence for commanding with the rules, and the musta’min is dealt with the dealing of the dhimmi.
Islomiy shaxsiyat 2-jild 193
The Islamic Personality Vol 2 193
Agar musta’min o‘zi uchun aman olsa, bu aman uning yonidagi mol-mulki uchun ham aman bo‘ladi, garchi u mol-mulk uchun aman olmagan bo‘lsa ham. Shunday ekan, uning mol-mulki xuddi tanasi kabi himoyalangan bo‘ladi va agar musulmon uning spirtli ichimligini yoki cho‘chqasini yo‘q qilsa, ularning qiymatini to‘laydi. Agar u tasodifan o‘ldirsa, unga diyat majburiy bo‘ladi, agar ataylab o‘ldirsa, uning evaziga o‘ldiriladi. Musta’minga zarar yetkazishdan saqlanish vojibdir, uning orqasidan g‘iybat qilish esa harom, chunki u zimmiy bilan qanday muomala qilinsa, shunday muomala qilinadi. Agar musta’min Dor al-Islomda vafot etsa va uning merosxo‘rlari Dor al-Harbda bo‘lsa, uning mol-mulki saqlanadi va u musulmonlardan yoki zimmiylardan bo‘lsin, dalil olinadi, chunki u himoyalangan mol bo‘lib, uni meros qolgan egalariga topshiriladi. Qisqasi, musulmonlardan aman so‘ragan barcha kishilarga aman berish musulmonlarga joizdir, Allohning quyidagi so‘zi sababli:
If the musta’min takes a security for himself, this security is (also) a security for his property with him even if he did not take a security for it. So his property is protected as is his body and the Muslim ensures the value of his alcohol and pig if he destroyed them. Blood money is obliged upon him if he kills accidentally and he is killed for him if he kills him deliberately. It is obligatory to abstain from harming the musta’min and backbiting behind him is forbidden since he is dealt with like the dhimmi is dealt with. If the musta’min dies in Dar al-Islam and his heirs are in Dar al-Harb, his property is preserved and the evidence is taken whether from the Muslims or the people of dhimmah as it is protected property so it is handed over to its owners who inherit him. In short all who request security y from Muslims, it is allowed for the Muslims to give them security due to Allah’s statement:
"Agar mushriklardan biri sendan panoh so'rasa, u Allohning kalomini eshitguncha unga panoh ber, so'ngra uni xavfsiz joyiga yetkaz" — bu oyatning ma'nosi. [TMQ 9:6]
“If any one of the polytheists seek protection then protect him until he hears the speech of Allah then lead him to his place of safety” [TMQ 9:6]
Va xavfsizlik zimmat va ahd berganligi uchun, Payg'ambar ﷺ esa shunday deydilar:
And because the security is giving the dhimmah and covenant and the Messenger (saw) says:
"Musulmonlarning qoni teng, ular boshqalarga qarshi bir qo'l kabidirlar. Ulardan eng quyi mavqeda turgan kishi bergan panoh ularning barchasiga taalluqlidir" (Ibn Moja rivoyat qilgan).
“The blood of every Muslims is equal, they are one hand against others. The asylum offered by the lowest of them in status applies to them (all)” (Narrated by ibn Majah)
Biroq bu xavfsizlik ularning Islom qoidalariga bo'ysunishi va jizya to'lashi sharti bilan cheklanadi, chunki jizya ularga vujub bo'lganda uni to'lashlari kerak, Allohning quyidagi so'zi sababli:
However this security is restricted to their submission to the rules of Islam and by their giving the jizyah when it becomes due from them due to Allah’s statement:
"Ular xorlangan holda qo'llari bilan jizya to'lamaguncha" (Ular xorlangan holda qo'llari bilan jizya to'lamaguncha) [TMQ 9:29]
“Until they pay jizyah by their hands while they are humbled” [TMQ 9:29]
Ya'ni, ulardan o'ldirish olib tashlanmaydi va ular o'ldirilishdan xavfsizlikka ega bo'lmaydi, faqat jizya to'lasa va Islom qoidalariga bo'ysunsa bundan mustasno. Ularning Islom qoidalariga bo'ysunishni qabul qilishi Dor al-Islomda yashab turgan holda ularga xavfsizlik ta'minlash uchun yetarlidir. Agar ular jihod ular zimmasiga vojib bo'ladigan muddat, ya'ni bir yil yashasalar, ulardan chiqib ketish so'raladi. Agar ular rad etsalar, ularga jizya solinadi va ular zimmiylarga aylanadi.
I.e. killing is not lifted from them nor is they given security from killing except if they give the jizyah and submit to the rules of Islam. Their accepting submission to the rules of Islam while residing in Dar al-Islam is sufficient to provide them security. If they dwell a period for which jihad becomes due from them which is a year, they are requested to leave. If they refuse then jizyah is imposed upon them and they become dhimmis.