Minorities in an Islamic State

by Malik Saif-ur-Rahman

Page 44 of 93

Minorities in an Islamic State — Page 44

44 dwellings, and all movable property; and they retained also, the right of sale. " 53 These facts bear out that even after the days of the pious Caliphate the Muslim governments ’ attitude towards their non-Muslim citizens, to say the least, was full of affection and regard and was based on the principles of equality and Justice. They, in fact, paid scant respect to these legalistic innovations of jurists. It is not, however, denied that when a corrupt ruler was guilty of trespass against the rights of Dhimm i citizens, in order to fulfil his ulterior designs, he tried to justify his excesses by basing them on such juridical monstrosities, and gave excesses by basing them on such juridical monstrosities, and gave the non-Muslim critics an opportunity to criticize Islam. Are these restrictions based on any clear Islamic Injunctions? Let us at this stage try to find out what after all, if any, is the ultimate sanction under Islamic law which could justify these restrictions. Does the Holy Quran deal with these restrictions? Or can they be traced back to Sunna and the practice of the Holy Prophet sa ? The answer to these questions had better be given in the words of these jurists themselves. "If the right to impose these restrictions against the Dhimm i s is challenged on the ground that in the days of the Holy Prophet sa such restrictions