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Controversial miscellaneous issues related to Islam
Right of Protection of Property
The Islamic state has to protect the non Muslims property. This principle has been unanimously agreed upon among all Muslims scholars throughout history. Thus a person who steals from a non Muslim will have his hand cut off and he who takes their property by violence is punished and obliged to return it to its owner. If a Muslim borrows money from a non Muslim, he is obliged to repay him. If the borrower I is rich and delays payment, he is to be put in prison until he pays his debt.
There is no difference between Muslim and non-Muslim citizen in respect of the civil or criminal law although the Islamic state will not interfere with the personal rights of non-Muslims. If any Muslim tries to curtail the rights of non-Muslims, the prophet says that he would be a complainant against such a Muslim on the Day of Judgment. Non-Muslims will enjoy all their rights of ownership, sale, transfer, grant and mortgage of their property like any Muslim, and no individual or state will interfere with it.
Ali, the fourth Caliph, once said about the rights of non-Muslims to their property: “They have accepted the position of Dhimmis on the explicit understanding that their properties and their lives will remain sacred like those of ours. (i.e. The Muslims)"
Examples:
1- In the prophet’s treaty with Najran it is stated: “Najran and its neighboring area are in the security of Almighty Allah and His messenger. The property, religion, churches of the inhabitants as well as their possessions, whether much or little, are under the protection of the prophet".
2- During the life of our Noble Prophet, peace and blessings be upon him, foreign traders came to Medina and Muslims purchased merchandises from them. Once an non-Muslim came with a herd of sheep and goats without securing any permission and Our Prophet, peace and blessings bought from him (Sahih Al-Bukhari, Book of trade).
3- The second righteous Caliph, Umar Ibn Elkhattab, may Allah be pleased with him, wrote to Abu Ubaidah Ibn Al-Jarrah saying: “Prevent Muslims from harming or oppressing them (non Muslims) or from taking their property illegally".
4- In the era of Caliph Umar Ibn ElKhattab, some Muslims had usurped a piece of land belonging to a Jew and then constructed a mosque on its site in their over enthusiasm for their religion. Such mosque cannot be a place of worship as the land was usurped from its owner. Umar ordered the demolition of the mosque and the restoration of the land to its owner the Jew. Dr. Hamidullah says that a Lebanese Christian scholar, Professor Cardahi wrote in 1933 about this land:" This house or the Bait al-Yahudi (The Jewish house), still exists and is well known."
5- The fourth righteous Caliph, Ali Ibn Abu Talib, may Allah be pleased with him, stated: “They pay capitation tax so that their blood and wealth may be like ours."
6- Islam defines the properties of non Muslims according to their religion. For example, Liquor and pork although they cannot be considered as money to Muslims; and if a Muslim squanders or spoils such property of another Muslim, he could not be called upon for compensation, if a Muslim spoils such assets belonging to a non-Muslim, he would be responsible for compensation, according to Imam Abu Hanifah.
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