“If a man like Muhammad were to assume the dictatorship of the modern world, he would succeed in solving its problems that would bring it the much needed peace and happiness. I have prophesized about the faith of Muhammad that it would be acceptable to the Europe of tomorrow as it is beginning to be acceptable to the Europe of Today.” – George Bernard Shaw

Before we start:
Before you start reading this research I have to express my greatest gratitude to Sheikh Qardawi for his valuable book “Non-Muslims in the Islamic Society” on which this research is based also Prof. Abdur Rahman I. Doi for his valuable book “Non-Muslims under Shariah”.

What is a religion?
Imagine that you are in total darkness, ahead of you is a forest and you know nothing about what you can face there. While you are struggling with your own fear and bewilderment an old wise man carrying a lantern comes to you with such a comforting smile and tells you that he can guide you to the other side where you can finally find light, safety and peace. He reminds you that you better follow his advices but assures you that you have the choice of going along on your own or follow him. Through the way, you face all sorts of tough and peaceful moments till you reach your destination. This guide is the religion you choose. It guides you to your target but can not force to follow it. If you choose at any moment to go astray it can not stop you, only it’s dictates guide you. That is simply what a religion is.

We all love God and want to please Him. Not a single religion states otherwise. Different religions are like different paths from which we all have to choose ours. If you choose your guide but do not listen to him, which is your right for you are free to choose, do not blame the guide but blame yourself. If you miss choose your guide and hence go astray, blame only yourself for you are the one who preferred this guide over others and accepted his malicious advices because it pleased you or was easier to follow.

This simple representation of a crucial case can lead us to conclude few things:
1- Your religion is the way you chose to reach out to God, your choice is NOT the only choice, there are other paths which may be better or worse than yours but it is not for you to judge Allah only has that right. The Holy Quran says: ” Verily, those who believe (in Allah and in His Messenger Muhammad), and those who are Jews, and the Sabians, and the Christians, and the Magians, and those who worship others besides Allah, truly, Allah will judge between them on the Day of Resurrection. Verily! Allah is Witness over all thing” (Surah AlHajj:17)

2- Your attitude on the road must reflect the guidelines given to you by your guide (religion) if you truly believe him. If your behaviour and attitude doesn’t reflect that then know for sure that deep inside you, you do not really believe in your guide. This case we often meet, people who lecture us about religion and the true path to God but when we deal with them we see only hypocrisy and lies. These are called hypocrites. They cling to the outer surface of religion like a parasite and try to use religion to get to their malicious means but deep inside you will find only emptiness.

3- Imagine yourself on that road doing nothing but looking at people who you can hardly see (as we can’t actually see the depths of each other) and criticize them. You don’t focus on your own difficult road and hence sooner or later go astray.

Religion not only gives us peace but also wisdom and maturity. It makes you mature enough to accept the other without criticism but at the same time makes you wise enough to know that you are not perfect and see the defects in your own self before the others.

4- A good guide doesn’t force people to follow him; they choose to follow him voluntarily. Religion can not push itself inside the hearts by force. People have to believe in it by their own free will.

Why am I writing this study?
Not to defend Islam definitely because it does need my defense. Actually this study is written for two types of people:
a- Non-Muslims who read to saw or heard lots of allegations against Islam. Read what Islam truly dictates and do not judge Islam by the deeds of some hypocrites who claim to be Muslims but know nothing about the glory of the real Islam. Hypocrites only want to fulfill their desire to be noticed even if it is at the expense of their religion Islam.

b- Muslims who want to enjoy the beauty and justice of their religion and how brilliantly it raises human freedom of choice above all other even above the desire to spread Islam everywhere.

Who am I not interested in?
Fanatics whose hearts are deaf and blind. They do not want to hear or see or change or even think. They live and die blinded by anger and undeserved self esteem. If you are not ready to read with open mind then please don’t waste your time reading.

Justice in Islam
Islam’s message is simply mercy and justice for all man kind regardless of religion, gender, nationality…etc. The Holy Quran says: “Verily! Allah commands that you should render back the trusts to those, to whom they are due; and that when you judge between men, you judge with justice. Verily, how excellent is the teaching which He (Allah) gives you! Truly, Allah is Ever AllHearer, AllSeer.” (Surah Al-Nisaa: 58)

Even animals have rights in Islam. It was narrated in the hadith from ‘Abd-Allaah ibn ‘Umar that the Messenger of Allah, peace and blessings of Allah be upon him, said: “A woman was punished for a cat which she imprisoned until it died, and she entered Hell because of that. She did not feed it or give it water when she imprisoned it, and she did not leave it free to eat of the vermin of the earth.” (Narrated by al-Bukhaari, 2236; Muslim, 2242). Al-Nawawi said: the apparent meaning of the hadeeth is that she went to Hell only because of this sin.

Justice is granted even for enemies. The Holy Quran says:” O you who believe! Stand out firmly for Allah and be just witnesses and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety, and fear Allah. Verily, Allah is Well Acquainted with what you do.” (Surah Al-Ma'idah: 8)

In Islam the integrity of each person in society and his loyalty to the country concerned which in tern makes it the duty of the society to provide equally for each person's pursuit of happiness. This is the reason why things unlawful for Muslims but lawful for non-Muslims will not be made forbidden for them in the Muslim country.

To become a Muslim one has to believe in the one and only God which negates any other deity other than Allah who created all human beings as equal irrespective of their tribes or clans. It was this teaching which made the tribe of Quraish, the Prophet's own tribe, angry when he helped liberate the slaves and destitute like Bilal, the noble disciple who was a black slave.

Characteristics of the Islamic Jurisprudence (Sharah)

• Islamic Jurisprudence regulated not only the conduct of the Muslim state with other states but also the relationship of non-Muslim states and non-Muslim individuals living in the Muslim state.

• The larger interest of society takes precedence over the interest of the individual.

• Although ‘relieving hardship’ and ‘promoting benefit’ are both among the prime objectives of the Shariah, the former takes precedence over the latter.

• A bigger loss cannot be inflicted to relieve a smaller loss or a bigger benefit cannot be sacrificed for a smaller one. Conversely, a smaller harm can be inflicted to avoid bigger harm or a smaller benefit can be sacrificed for a larger benefit.

• In the shariah, no distinction of race, religion, citizenship, economic status or personal capabilities can even obliterate the human rights of a non Muslim. If any Muslim tries to do so, the Shariah will prescribe redress and the Muslim, if found guilty, will be punished.

• The most distinctive feature of the Shariah from any other legal system in the world is that human rights in Shariah have been granted by Allah and not by any legislative assembly or any king or emperor. The rights of non-Muslims granted in the Shariah, therefore, cannot be withdrawn, simply because they are not given by man. No one in the world has the right to abrogate them or withdraw them.

• Islam has forbidden party spirit, nepotism and favouring one’s tribesman or even a fellow-Muslim when he is doing wrong. Our Noble prophet, peace and blessing be upon him was once asked by Wathilahbin al-asqa:”What the Paty-spirit was?” He replied:”that you help your people in wrong doing”-(Reported By: Abu Daud).

• In the English Law, the right of mercy and pardon goes to the head of a government, but it is quite the contrary in Islam. Only the person wronged or oppressed can forgive as Allah himself delegates the power of forgiveness to the oppressed.

• Preventing crime by prescribing harsh punishments

• Islam does not prescribe monetary fines or penalties. Had this been the case the wealthy can easily get away with their crimes and hence the criminal mentality will be promoted among the wealthy.

• Imprisonment is a disapproved form of punishments. It isolates the offender from the society besides its proven disadvantages in the modern world like the fact that prisons now are considered as 'A university for crime' where inmates learn more about crime besides the fact that prisons now are considered a financial burden on any country.

• Islamic penal code sternly prohibits the dual disability for an ex-convict. Once the official punishment ends, the convict is a dignified citizen of the state enjoying civil rights in its totality. He need not carry any appendage of conviction with his name. No hurdles would be placed in his economic or social progress on the basis of his conviction. Our noble Prophet strictly admonished his friends from giving any bad names to Ma'izz Bin Aslami and Ghamiddiya who confessed the sin of adultery and were stoned to death. The Prophet called their confession as the most courageous and noblest act.

Non Muslims are classified into the following types:

• The Dhimmis: The people of the book (whose religions are based on divine books) i.e. Christians and Jews.
• The conquered people: non-Muslims who fought against Muslims until they were defeated and were overpowered.
• Non-Muslims who clearly happen to be residing in the Muslim state as its citizens
• Non-Muslims residing temporarily in a Muslim country e.g. tourists or temporary sojourners.
• Resident aliens who have opted voluntarily to live in a Muslim state.

The above verse is the general rule by which Muslims should treat Non Muslims whether in an Islamic or non Islamic state.
“Made lawful to you this day are AtTayyibat [all kinds of Halal (lawful) foods, which Allah has made lawful (meat of slaughtered eatable animals, etc., milk products, fats, vegetables and fruits, etc.). The food (slaughtered cattle, eatable animals, etc.) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them. (Lawful to you in marriage) are chaste women from the believers and chaste women from those who were given the Scripture (Jews and Christians) before your time, when you have given their due Mahr (bridal money given by the husband to his wife at the time of marriage), desiring chastity (i.e. taking them in legal wedlock) not committing illegal sexual intercourse, nor taking them as girl-friends. And whosoever disbelieves in the Oneness of Allah and in all the other Articles of Faith [i.e. His (Allah's), Angels, His Holy Books, His Messengers, the Day of Resurrection and AlQadar (Divine Preordainments)], then fruitless is his work, and in the Hereafter he will be among the losers. “(AlMaidah: 5)

The previous verse applies to the people of the book whether they are living in an Islamic or non Islamic state. When people of the book live in an Islamic state they are called (Ahl Aldhimmah or Dhimmis). Muslims are permitted to take meals with them and to eat their slaughtered animals if invited. Muslims are also allowed to marry their chaste women.

Giving other excellent examples of toleration, the Holy Qur’an explains that no matter what the circumstance, you are not to abandon tolerance. Irrespective of the cruelties inflicted on you, you are not to act other than with justice and take revenge by being just as cruel. If you do that, you are misguided. To call you a Muslim would be meaningless. The Holy Qur’an states: "…and let not a people’s enmity incite you to act otherwise than with justice. Be always just, that is nearer to righteousness." (Surah5:9)