Appendix 9:

Sharia and the Muslim Subjectof

a non-Muslim State

الْعَصَبَاتِ

The Book of Dhihar

Glossary


Appendix 9: Sharia and the Muslim Subject of a non-Muslim State

The presence of large Muslim minorities in non-Muslim lands is not a recent phenomenon, but the concepts of nation-states and secular governments are relatively new. There is a pressing need to normalize and harmonize the relationship between those minorities and their respective countries. This effort is a major part of the needed ijtihâd-based tajdeed (renewal of the religion); we need an authentic and realistic formula to reconcile religious allegiance with national belonging.
Muslims in non-Muslim countries must not be, or even be seen to be by their compatriots, a Trojan horse or potential traitors. Islam instills in us aversion to treason, which is an ugly quality. Allah says:

{If you (O Muhammad) fear treachery from any people, throw back (their covenant) to them (so as to be) on equal terms (that there will be no more covenant between you and them). Certainly, Allah likes not the treacherous.} (al-Anfâl 8: 58)

وَإِمَّا تَخَافَنَّ مِن قَوْمٍ خِيَانَةً فَانبِذْ إِلَيْهِمْ عَلَىٰ سَوَاءٍ ۚ إِنَّ اللَّهَ لَا يُحِبُّ الْخَائِنِينَ

When some Muslims were unable to emigrate to Madinah, Allah told the believers in Madinah to support them if they were persecuted by their tribes because of their religion. He added an important contingency, though: that the tribe should not be party to a covenant with the Muslims in Madinah.

{And if they seek help of you for the religion, then you must help, except against a people between yourselves and whom is a treaty. And Allah is Seeing of what you do.} (al-Anfâl 8: 72)

وَإِنِ اسْتَنصَرُوكُمْ فِي الدِّينِ فَعَلَيْكُمُ النَّصْرُ إِلَّا عَلَىٰ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ ۗ وَاللَّهُ بِمَا تَعْمَلُونَ بَصِيرٌ

These verses mean that we Muslims who are citizens of non-Muslim majority countries should not betray the trust that comes with the covenant of citizenship, and the same applies to those who are granted visas to enter specific countries. Allah says:

{O you who believe! Fulfill (your) contracts…} (al-Mâ’idah 5: 1)

يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ

And:

{And fulfill the Covenant to Allah when you have covenanted and break not the oaths after you have confirmed them.} (an-Naḥl 16: 91)

وَأَوْفُوا بِعَهْدِ اللَّهِ إِذَا عَاهَدتُّمْ وَلَا تَنقُضُوا الْأَيْمَانَ بَعْدَ تَوْكِيدِهَا

They must, therefore, comply with the laws of their countries, albeit without disobeying the Divine imperatives. It is rare that such a conflict arises, since most of those secular laws only restrict mubâḥ (permissible) acts, which is also within the power of the authorities in Muslim countries as long as certain conditions are fulfilled. In non-Muslim countries, accepting to be a party to the social contract among the citizens of that country means giving up some of our freedoms. Also, when a true conflict arises, there is often a way out, particularly in countries that respect human freedoms and rights. For example, one may decline to partake in an unjust war on religious grounds.
Scholars have even extended some of those principles to the lands of sworn enemies when entered without covenants. Imam Muhammad ibn Ḥasan ash-Shaybâni said in as-Siyar (2/6):
If it happens that a company of Muslims pass through the enemy’s front lines by pretending to be messengers carrying official documents from the Muslim Caliph – or if they are just allowed to pass through the enemy lines – they are not allowed to engage in any hostilities with the enemy troops. Nor are they entitled to seize any of their money or properties as long as they are in the enemy’s area
of authority. This also applies if the Muslims are truly trusted by the other party.

Shaykh Salman al-‘Odeh, a contemporary Ḥanbali scholar, said: Muslims living in non-Muslim countries must comply with the laws and regulations of the country they have been entrusted, through valid visas, to enter. At the same time, they must avoid whatever contradicts Islamic teachings. If they are obliged by law to uphold something that is contrary to Islamic teachings, they must adhere to the minimum required by law. One of the best approaches for Muslims living in these countries is patience. As long as he agrees to live in a non-Muslim country, he is never to rebel against the people living in that area where he chose to reside, even it seems too hard for him to endure. 1820

Finally, the Sharia is what we live by in our individual worship and conduct, but it is not enforceable as a public law outside of the jurisdiction of Muslim states, wherein it would be enforceable by the authorized legislatures and judiciaries.

1820. From the shaykh’s website: Islamtoday.net.

Sharia and the Muslim Subject of a non-Muslim State

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