The Rights and Duties of Those Who Enter The Lands of Non-Muslims in A Covenant and Security
The Rights and Duties of Those Who Enter The Lands of Non-Muslims in A Covenant and Security
The Rights and Duties of Those Who Enter The Lands of Non-Muslims in A Covenant and Security
CONTENTS
Preface
Chapter One
Introductions
First Introduction
Second Introduction
Third introduction
Fourth Introduction
Chapter Two
What Makes the Property and Blood of an
Unbeliever Fighter Protected
A) The Protection of Faith
B) The Protection of a Covenant and/or Peace
Treaty
Chapter Three
The Characteristics of a Covenant that Fulfils
Protection
Chapter Four
Clarifying the Ruling and the Deduced
Conclusion
Chapter Five
What Nullifies a Covenant and a Security
A-) What nullifies the covenant and security of
a Muslim in the lands of Non-Muslims
B) What nullifies the covenant and security of
an unbeliever while he is in the lands of
Muslims
Chapter Six
The Sacredness of the Blood and Possessions of
a Non-Muslim Tourist in the Lands of Muslims
1-The extent by which the security is granted to
an Unbeliever entering the lands of Muslims
2- Who is entitled to establish a security
covenant from the Muslim Community,
Ummah?
3- The Ruling of Treating a Non-Muslim Tourist
in the Lands of Muslims
Chapter Seven
Discussing the Proofs and Misconception
which those Opposing us Have
Glossary of Arabic Terms
PREFACE
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I ask Allah to accept this book, guide me, make this book a
facilitator of Right and an obstacle in the face of Falsehood,
and to make it a reason for guiding those who are ignorant
about this topic, amen.
I only desire (your) betterment to the best of my
power; and my success (in my task) can only come
from Allah. In Him I trust, and unto Him I turn.
[S.11, A., 88].2
CHAPTER ONE
It is unfeasible for the translation to fully capture the Arabic text.
Therefore, if the reader is concerned about anything in my book and
wishes to contact me, they must do so with reference to the original
Arabic version.
2
It is impotant to point out that the translators of this book have adopted
Abdullah Yousef Alis Transaltion of the Meaning of the Quran as their
main refernce.
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INTRODUCTIONS
As a preface to this book, we should mention some important
introductions -which many people are oblivious of- that may
help the reader understand the purpose and objective of this
book:
FIRST INTRODUCTION
The necessity of holding fast to the good morals that Islam
ordains
Be aware that Islam came to ordain the greatest and best of
morals, and to annihilate all bad morals. This was covered in a
wide range of Sharia texts, which urge this and make it clear.
Allah the Almighty, for example, says describing His Prophet
Mohammad (peace and blessings of Allah be upon him):
And surely you have sublime morals. [S.68, A., 4].
In the Hadeeth, Anas (may Allah be pleased with him) said:
The Messenger of Allah (p.b.b.u.h) was the best among
people in his good morals. [Bukhari & Muslim]
Annawwas bin Saman (may Allah be pleased with him)
said: I asked the Messenger of Allah (p.b.b.u.h) about
Virtue and Vice. The Messenger of Allah (p.b.b.u.h)
answered: Virtue is good morals; and; Vice is what rankles
in your heart and you hate that people would come to know
of. [Muslim]
Abdullah bin Amr bin AlAas (may Allah be pleased with both
of them) reported that the Prophet (peace and blessings of
Allah be upon him) was never obscene in his speech or
action. The Prohpet (p.b.b.u.h) used to say "The best among
you are those with good morals." [Bukhari & Muslim]
The Prophet (peace and blessings of Allah be upon him) also
said: There is nothing heavier than good morals put on the
scale of a believer on the Day of Judgment and Allah detests
the one who is obscene and foul in his speech or action.
[Tirmidhi, Hasan & Sahih]
Ibn Katheer said in Tafseer: Allah says that the worst among
those who are living on this earth are the non-believers who
always violate their covenants and break their sworn oaths!
Allah (SW) says:
And those who break the Covenant of Allah,
after having plighted their word thereto, and cut
asunder those things which Allah has
commanded to be joined, and work mischief in
the land; - on them is the Curse; for them is the
terrible Home! [S.13, A. 25]
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Ibn Katheer said in Tafseer: They are not like the hypocrites
when any one of them enters into a covenant, they betray it, if
they quarrel they act immorally, if they talk they lie and if they
are entrusted with something they betray the trust.
Allah says:
And those who respect their trusts and
covenants. [S.70, A.32]
Ibn Katheer said in Tafseer: that is, when they are entrusted,
they do not betray; and when they make covenants, they do
not violate them. Surely, these are the characteristics of
Believers the opposite of which are those of the Believers.
The emphasis of Sunnah on the necessity of fulfilling
covenants and the unlawfulness of breaking them
Under the category of Conditions in Islam, Al-Bukhari
reported in his Sahih that, When the Prophet (p.b.b.u.h) made
a treaty with Suhail bin Amr; the latter stipulated "If anyone
from us (i.e. infidels) ever comes to you, though he has
embraced your religion, you should return him to us, and
should not interfere between us and him." The believers
disliked this condition, got disgusted with it, and argued about
it. As Suhail refused to conclude the truce with Allah's
Messenger (p.b.b.u.h) without that condition, Allah's
Messenger (p.b.b.u.h) accepted and concluded it. Accordingly,
Allah's Messenger then returned Abu Jandal bin Suhail to his
father, Suhail bin 'Amr, and returned every man coming to him
from them during that period even if he was a Muslim. The
Prophet (p.b.b.u.h) only did that because he was committed
and loyal to the treaty he signed with the unbelievers, and
because he did not want people to say that betrayal is an
aspect of Muhammads religion (peace and blessings of Allah
be upon him)
In another narration in the Sahih it was reported that Suhail
said: "We also stipulate that you should return to us whoever
comes to you from us, even if he embraced your religion." The
Muslims then said: Praise and Glory be to Allah! How will
such a person be returned to the pagans after he has become a
Muslim? While they were in this state Abu- Jandal bin Suhail
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bin 'Amr came from the valley of Makkah staggering with his
fetters and fell down amongst the Muslims. Suhail then said,
"O Muhammad! This is the very first term with which we
make peace with you, i.e. you shall return Abu Jandal to me."
Abu Jandal said, "O Muslims! Will I be returned to pagans
though I have come as a Muslim? Don't you see how much
suffering they have been inflicted upon me?" Abu Jandal had
been tortured severely in the Cause of Allah.
Ibn Hajar said in Al-Fatih, Volume 5, and Page. 407 that Ibn
Isaac added that The Prophet of Allah (p.b.b.u.h) said to Abu
Jandal: Oh Abu Jandal! Be patient. We do not violate our
covenants. Indeed Allah is going to grant you a way out of this
difficulty.
I say: think about how the Prophet (peace and blessings of
Allah be upon him) preferred returning Abu Jandal-with what
they may inflict on him of torture- to the infidels rather than
breaching the treaty he had concluded with them. This can
only highlight the paramount importance that Islam has given
to the state of loyalty to covenants, and the extreme
unlawfulness of breaking them, even though this may lead to
some infliction upon some of the Muslims.
Similarly it was reported in Sahih that the Prophet (peace and
blessings of Allah be upon him) ordered Aba Baseer to go
back to Quraish, and be handed over to the two infidels who
had come to return him. All of this was done by the Prophet
(p.b.b.u.h) as an act of being loyal to the covenant and treaty
he had signed with the infidles of Quraish in Hudaibyah.
Ibn Hajar said in Fatih, V.5, and P.411: In Ibn Isaacs
narration, the Prophet (p.b.b.u.h) said: Oh Aba Baseer, you
already know about the peace treaty we have signed with these
people. And indeed, we do not break our covenants. Therefore,
go back to them. Abu Baseer then said: Are you asking me
to go back to the infidels so that they torture me and put me to
trial in order that I abandon my religion? The Prophet
(p.b.b.u.h) then said: Be patient. Indeed Allah is going to get
you out of this difficult situation.
Glory be to Allah! To such extent the sacredness of covenants
is observed in our religion! No wonder, dear Muslim reader,
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him) and those who followed him from his Companions and
righteous earlier scholars because we were ordered to follow
their steps and learn from their morals rather than those who
came later who are liable to be subjected to trials and whose
indifference and base morals have crippled them to be up to
the high morality and dignity of this religion. Let us bear in
mind that we are living in a time that the Prophet (peace and
blessings of Allah be upon him) referred to as, People would
be doing their daily affairs but hardly will there be a
trustworthy person. It will be said, 'in such-and-such
community there is an honest man. And later, it will also be
said about some man, 'What a wise, polite, and strong man he
is although he will not have faith equal even to a mustard seed
in his heart." [Bukhari and Muslim]
We ask Allah the Almighty to keep us steadfast to His religion,
to forgive us, and to sustain our good health.
THIRD INTRODUCTION
Demonstrating the high morals of this religion regarding
the non-Muslims does not contradict with the creed tenet
of Walaa and Baraa in Islam.
Unfortunately, some ignorant and amoral people would
suppose that it goes in line with the creed of Walaa and
Baraa to deal with unbelievers-even those in whose covenant
they themselves have entered- in a repulsive manner that is
characterised by harming them, cursing them, extorting from
them, cheating them, and lying to them; and the list goes on
with such abominable acts. According to these peoples bizarre
understanding, treating those unbelievers with morals other
than these listed means only one thing which is completely
giving Walaa to these unbelievers!
I say: this is a grave mistake that was not done by anyone of
those whose religious commitment is far from being
questioned! Dealing with unbelievers according to the
teachings and high morals of this religion is one thing, and
taking them as allies and helping them fight the Islam and
Muslims is another. And one of them does not necessarily lead
to the other; and here is a deeper analysis of this very thing in
details:
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Asmaa bint Abi Bakr (may Allah be pleased with her) said:
My mother came to see me while she was still an unbeliever.
I then inquired with the Propet (peace and blessings of Allah
be upon him) saying: My mother has come to see me
expecting something from me. May I oblige her? He then
replied: Yes, be kind to your mother. [Abu Dawood, Sahih
AlTargheeb, No. 2500]
FOURTH INTRODUCTION
Acknowledging the favours and kind acts and thanking
who did them is an Islamic Sharia characteristic.
It is saddening to say that one of the bizarre things about those
ignorant people who are ill-mannered and with bad morals is
that some of them find it difficult to acknowledge favours or
be thankful for them, if they were done on the part of a nonbeliever because they think that this goes against the teachings
of our religion, and specifically the doctrine of Walaa and
Baraa!
Unfortunately, this leads them to being ungrateful for those
who do them good turns. It also leads them to repay good
deeds by bad ones, the beneficence with insolence, and the
security and fidelity with treachery. What is worse is that they
would tell you after all of this that this is part of our religion,
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CHAPTER TWO
WHAT MAKES THE PROPERTY AND BLOOD OF AN
UNBELIEVER FIGHTER PROTECTED
There are two rules that protect the property and blood of a
fighting unbeliever: the protection of faith, and the protection
of covenant and peace treaty.
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swear by Allah that were it not that messengers and envoys are
not to be killed, I would cut your heads off. [Sahih Sunan Abi
Dawud, No. 2398] Noting that they did not have a previous
verbal agreement for protection; but since it was and still is an
old tradition and an implied agreement established by all
peoples, Islam has endorsed it. Moreover, envoys of whatever
religions or parties are given security and protection in Islam.
The Prophet (peace and blessings of Allah be upon him) also
said: I neither break a covenant nor imprison messengers.
[Sahih Sunan Abi Dawud, No. 2396] This means that, it is not of the
Prophets morals to imprison messengers, whatever their
religions may be, or prevent them from returning to their
places of residence safe.
5- The Protection of a Muslim in a Non Muslim
Land:
As a matter of fact, this is my main concern in this book. This
one is done when a Muslim goes to the lands of Non-Muslims
for work, trade, visit, medical treatment, or because of
coercive political circumstances in his own homeland; he goes
there asking for their protection, security, and asylum. Then,
they allow him to enter their lands, give him security and
protection as long as he is peacefull and loyal to their
protection agreement.
Ibn Hazm said in Al-Muhallah, V.12, P.125 As for whoever
escapes to the lands of Non-Muslims because of a tyranny he
might be exposed to and because he does not find any Muslim
to protect him; as long as he does not go to fight the Muslims
or aid the unbelievers to fight them, there is no blame on him
because he is obliged to do so.
We have also mentioned that Az-Zuhri Mohammad bin
Muslim bin Shihab was determined to escape to the lands of
the Byzantines once Hisham bin Abdel Malek is dead, because
his successor, Al Waleed bin Yazid, declared he was going to
kill Zuhri the minute he captures him. Whose case is similar to
this, is by all means blameless.
I say: he is indeed blameless in spite of the presence of an
Islamic State and a greater Caliph who is to be protected by
and fought under his banner. Since the case is so, it is more
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CHAPTER THREE
THE CHARACTERISTICS OF A COVENANT THAT
FULFILS PROTECTION
If I am asked: how can the above-mentioned Protection be
fulfilled?
I answer: it is fulfilled through two forms both of which are
binding to the parties on what they agree and make covenant a
about.
The First form: it is represented through the verbal or written
expression of asking security and asylum, or the desire to enter
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the lands of the other party; and this is usually what happens
with those who seek political asylum to the host country
where he takes himself to the place where asylum is requested,
and then he goes on to tell them about the oppression he has
been suffering on the hands of his people in his own home
country, and that he wishes or rather needs to get into the
protection and security of the host country.
What usually happens is that the host party, as it is the case
with many of the European countries, gives him protection,
shelter, and many advantages he would not have got whilst he
was still amongst his own people in his own homeland. All of
this, he is granted until his application and situation are
considered.10
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To be fair, I say: one of the things that the a refugee gets as soon
as he is in the West, a free home, enough money to spend on himself and
his own family, and all of the medical and schooling services for free, in
addition to a full protection to them against any aggression. He also has
the full right to travel inside the country, and he gets many other facilities.
Then, within a five-year period of time, he gets the citizenship of the
country he got asylum in, which entitles him to compete with the native
citizens on the leadership of the country itself!
However, if it happens once that the people of the country commit a
mistake against one of these refugees; you will see him asking rudely for
his rights as though he is one of the natives or of the countrys founding
fathers!
After all of these privileges they get, we see many of them pretending to
have what they do not; and would tell you rudely and meanly that he is a
fighting party [which means, it is lawful for him to kill the unbelievers he
is living with or seize their property, according to his sick logic], and that
there is no covenant between him and the host country to abide by!
You will see him acting in a cocky manner as if he is living in the palaces
of Harun ar-Rachid; whereas, he is living in the homes and mooching off
the other party! The Messenger of Allah [peace and blessings of Allah be
upon him) perfectly described this when he said: if you are not ashamed,
do whatever you want! And he also said, He who claims to have what
he does not is like someone wearing two garments claiming they were his;
but in truth, they are not!
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CHAPTER FOUR
CLARIFYING THE RULING AND THE DEDUCED
CONCLUSION
According to what was mentioned above, we reach the next
Sharia consistent conclusion: Whoever enters the lands of the
non-Muslims through visas or asylum, there is a security
covenant between him and the host country that makes it
unlawful for him to terrorize its people, or harm them, or steal
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and do not abandon them for what the ignorant say about this
matter, those who have low morals and behaviour. Otherwise,
you will be led astray and lose in this world and the hearafter.
CHAPTER FIVE
WHAT NULLIFIES A COVENANT AND A SECURITY
For the sake of accuracy, there should be a distinction between
what nullifies the covenant of a Muslim while he is still in the
lands of Non-Mulsims, and what nullifies the covenant of an
unbeliever in the lands of Muslims.
A-) What nullifies the covenant and security of a Muslim
in the lands of Non-Muslims
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Those were that Abu Bakr should only pray inside his house not
publicly or even in his house yard.
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Imam Shafii (may Allah bless his soul) said in his Al-Umm,
V.4, P.263: If a group of Muslims enter the lands of fighting
unbelievers on a security covenant, the enemy is to be safe
from them until they leave or the covenant expires; and those
Muslims are not to mistreat or betray them. And if the enemy
imprisons Muslim children and women, I do not approve of
Muslims betraying the enemy. What I prefer that Muslims
should ask the unbelievers to revoke their protection and
covenant; and once they have done that, it is lawful for
Muslims to fight unbelievers in order to free imprisoned
Muslim children and women.
B) What nullifies the covenant and security of an
unbeliever while he is in the lands of Muslims
What nullifies the covenant and security of an unbeliever
while he is in the lands of Muslims comes about in the
following situations:
1- The protection and security of an unbeliever in the
lands of Muslims is cancelled when the period of the security
covenant is expired; in this case, he should be accompanied to
his own homeland safely, and he is not to be harmed. Allah
(SW) says:
If one amongst the Pagans ask you for asylum,
grant it to him, so that he may hear the Word of
Allah; and then escort him to where he can be
secure, that is because they are men without
knowledge. [S.9, A.6]
2-The security and covenant of an unbeliever are
nullified when he commits betrayal and changes into a
fighting unbeliever. An example would be, if he comes to the
lands of Muslims as a spy for their enemies, then he is
discovered. By this, his security covenant is actually breached
because security cannot be granted to a party who is spying on
and secretly fighting the party who has given him security!
3- An unbelievers covenant and security are nullified
when he is charged of committing mischief in the lands of
Muslims, like: transgressing over the honours of Muslims and
their sacred things, circulating drugs amongst them, or trying
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CHAPTER SIX
THE SACREDNESS OF THE BLOOD AND
POSSESSIONS OF A NON-MUSLIM TOURIST IN THE
LANDS OF MUSLIMS
This is an issue I find myself obliged to discuss and show the
Sharia ruling in it because it is related to this research on the
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kill him [the unbeliever]. If the unbeliever does draw near the
Muslim [misinterpreting the gesture], he [the unbeliver] is
now under security and must not be killed. After this, I say, if
the Muslim gestures or signals in a manner that might be
interpreted as guaranteeing security and protection to the
unbeliever -who is not aware of the meaning of the gesture-,
he [the unbeliever] is indeed secured.
As-Sarkhasi in his Explanation of Siyar said:This unbeliever
is safe and secured because when the Muslim signals to him to
get closer; and this is done only to someone who is granted
security. Moreover, what the Muslim says if you [the
unbeliever] come, I am going to kill you cannot be fathomed
by the Unbeliever without actually getting closer to the
Muslim to check what it is. Therefore, the ruling is that the
security is established by this mere gesture, and other
intentions [on the Muslims side] are not taken into
consideration for the sake of avoiding treachery because his
signal might be interpreted by the unbeleiver as guaranteeing
security. Additionally, the Muslims saying if you come, I am
going to kill you is a statement revoking the security; but
since the unbeliever is not aware of it, he will still be under
security because Allah says: throw back their covenant to
them so as to be on equal terms i.e. equal terms regarding
your awareness and theirs about the revoking of the security
covenant of whatever form. Allah also says: Surely Allah
likes not the treacherous. In fact, security can be established
in various manners, including what might be interpreted from
speech or gesture.
The example of this is the incident of Hurmuzan; when he was
captured and brought to Omar bin al-Khattab (may Allah be
pleased with him), Omar asked him to talk. Hurmuzan said:
Do I talk in a manner of one who is living or dying? Omar
said: In a manner of one who is living. So he said, We
-Persians- and you -Arabs- were two peoples living in
ignorance without religion. We used to consider you as dogs.
And even when Allah gave you glory by this religion and sent
His Messenger from among you, we shall not submit to you!
Omar then retorted How dare you say such things whilst you
are a prisoner in our hands? Guards! Kill him! Hurmuzan
then said, Was it the teachings of your Prophet to guarantee a
prisoner security and then kill him? Omar said, When did I
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In this case, the Muslims have two choices, either they refuse
to deal in such a manner, and consequently, hindering the
Dawa calling to Allah and preventing others to enter their
lands in order to hear Quran and know about Iman.
Apparently, this is an unwise choice.
Or, they can deal with such a manner as an implied security
whereby they guarantee the unbelievers entering this way
security until they can hear the Word of Allah. This is what we
think of as right and appropriate because it goes in line with
the teachings of Sharia, and Allah knows best.
As a matter of fact, we have heard and read about many cases
where a large number of unbelieving people embraced Islam
because of what they saw and experienced in the Muslims
lands. Indeed, this is a great interest in the advantage of Islam
that must be taken into account and not overlooked.
It was reported in a Sahih hadeeth that the Prophet (peace and
blessings of Allah be upon him) said to Ali bin Abi Taleb (may
Allah be pleased with him): By Allah! If a single person
embraces Islam through you that will be better for you than
the red camels."
Some of Muslim scholars went as far as deeming as an
unbeliever any Muslim who delays an unbeliever who comes
to him to learn how to embrace Islam whilst he [the Muslim]
is on a pulpit delivering Friday oration. This is because he is
actually extending the states of unbelief and and infidelity for
a period of time until he finishes the oration!
I would ask, how about those who -in one way or another- say
to the unbeliever who is asking about Islam and seeking the
truth, Wait until we finish our struggle with the ruling tyrant
taghut, which may take years and years, then we shall allow
you to enter our country and explain Islam and monotheism
tawheed to you.!
6- Come to think of it, a tourist is an envoy of his own
people, and we have seen that envoys are guaranteed security
and not to be killed. This is because when he returns to his
own country after visiting a Muslim country, he tells his own
people and friends about what he saw in that country, the
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things he heard from its people, the things they heard from
him, and about the things which caught his eyes and charmed
him in that country.
In this case, he is actually reporting what he saw and
experienced; therefore, if he sees Islam on its bright true
image and nature, then he will report a side of the truth, no
matter how much he tries to lie or distort the truth. For Islam,
this is an important goal to be achieved.
Allah (SW) said:
O mankind! We have created you from a single
(pair) of a male and a female, and made you
into nations and tribes, that you may know each
other. (Not that you may despise each other).
Verily, the most honoured of you in the sight of
Allah is (he who is) the most righteous of you.
And Allah has full knowledge and is well
acquainted (with all things). [S. 49, A.13]
This getting to know each other amongst nations and peoples
is one of the purposes of existence and which cannot be done
unless within a certain amount of safety. Otherwise, how are
the peoples of the world going to know one anothers cultures,
civilizations, and sciences if they are not safe about one
another, and if everyone is afraid of everyone?!
Hence, whoever permanently cancels the implementation of
security is not faithful to covenants and security, and goes on
to breach the Muslims protection of others is actually
suspending one purpose of the human existence and diversity.
Also, he is blatantly opposing Allahs saying so that you may
know each another!
7- Some statistics maintain that the number of Muslims
in Europe alone is more than forty million most of whom are
there because of their hard circumstances and the persecution
they suffered back home. Now, is it wise, fair, and reasonable
to say to the Europeans [with whom these Muslims are living],
if anyone of your tourists enters our lands, he is to be
terrorized, robbed, kidnapped, or even killed? However, if
anyone of our tourists enters your lands, he is to be safe,
secured, and protected?!!
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CHAPTER SEVEN
DISCUSSING THE PROOFS AND MISCONCEPTION
WHICH THOSE OPPOSING US HAVE
Having very carefully considered the sayings and proofs of
those opposing us in this matter, I have found out that their
proofs or arguments do not reach the level of a marjouh
proof, left-out for other stronger proofs that is can not be
accepted. They are merely a number of misconceptions they
think of as proofs in addition to other feeble baseless
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However, if they say, the rulings and laws of unbelief, they are
right.
So I ask them, what makes you breach your covenants and
security? What is the use of doing it if nothing of what you
want has been accomplished?
Then, what is more sinful, to abide by their rules, while you
have no other choice and while you are full of hate towards
them, without breaching the security covenant, or to abide by
their rules while you are actually breaking their security
covenants on which you both agreed?
No doubt, a wise person would say, the combination of the
two bad things on a person is way worse than him being
obliged to abide by one bad thing!
Therefore, if we look at the whole thing from this angle, those
people would be choosing the worst of the bad things, and the
biggest of offences, without any of this being repaid by any
sort of gain or interest, except the little things they steal under
the night cover; if these things obtained through unlawful
means can be considered as gain in the first place!
Suppose they claim, It is coercion what forces us to breach
the covenant and security whilst still living under and
submitting -outwardly- to their control, protection, and laws.
My reply would be, if this supposed coercion is a reason for
you to justify your breaking the covenants which is unlawful
and that leads only to harm without any benefit gained, why
do not you make this coercion motivate you to do what is
lawful and of Sharia law, which is being faithful towards
covenants and security which can lead to welfare?
Why do you see coercion as a justification for you to commit
sins and not a justification to do good-deeds and what is
dictated by Sharia Law?
Fourthly, all of the Muslim scholars who talked about the
security of a Muslim in the lands of the enemy know that the
unbelievers laws will be the ones under which that Muslim is
going to be living. Nevertheless, they did not consider this as a
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Alhamdulilahi
Alkhawarij
Quran
Sahih
Sunnah
Surah
SW
Tawheed
Thimmah
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