The Ruling on Aggressing Against Mustaa'min (Non-Muslims Granted Safe Conduct) Working in Muslim Lands
Machine translationRead the Arabic original
Question:
Sa'id was born. He asked us: What is the ruling on the errors of those who work in our lands? And are they considered among the people of Paradise, or what is the ruling on those who aggress against them among the Muslims?
Answer:
Yes, these people who work in our lands and have entered with the permission of the ruler are considered mustaa'min (non-Muslims granted safe conduct). They are not dhimmis (protected non-Muslims). Dhimmis pay the jizyah (tax on protected non-Muslims), whereas these people are considered mustaa'min who entered under safe conduct. It is obligatory for us to honor their safe conduct and not betray them. Aggressing against them is haram (forbidden). The Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2687Sahih (Darussalam). This is in the authentic collections. Therefore, it is obligatory to protect their safety and not to aggress against them.
If someone aggresses against them, he commits a sin and exposes himself to punishment from Allah (Mighty and Majestic). Also, it is obligatory for the ruler to punish him as he sees fit, to punish him as he sees fit. However, qisas (retaliation in kind) is not permissible between a Muslim and a disbeliever due to the lack of equivalence. But diyah (blood money) is obligatory, whether the killing was accidental or intentional. Diyah is obligatory. If the killing was accidental, such as being run over by a car or a car accident, if the killing was accidental, kaffarah (expiation) is obligatory, just as it is in the case of killing a believer.
Allah the Exalted said:[An-Nisa 4:92] He is [An-Nisa 4:92] [An-Nisa 4:92]. If it was accidental, blood money and expiation are obligatory. If it was intentional, blood money is obligatory, and discretionary punishment is obligatory from the one in authority, in whatever he sees as a deterrent for this aggressor.
And if this aggression includes terrifying the Muslims and destroying some of their property, this is considered among those who wage war against Allah and His Messenger, and among those who spread corruption in the land. Allah, Glorious and Exalted is He, says:[Al-Ma'idah 5:33] The one who undermines security in the lands of the Muslims, terrifies the Muslims, and aggresses against them, is considered among those who wage war against Allah and His Messenger, and among those who spread corruption in the land.
Sa'id was born. He asked us: What is the ruling on the errors of those who work in our lands? And are they considered among the people of Paradise, or what is the ruling on those who aggress against them among the Muslims?
Answer:
Yes, these people who work in our lands and have entered with the permission of the ruler are considered mustaa'min (non-Muslims granted safe conduct). They are not dhimmis (protected non-Muslims). Dhimmis pay the jizyah (tax on protected non-Muslims), whereas these people are considered mustaa'min who entered under safe conduct. It is obligatory for us to honor their safe conduct and not betray them. Aggressing against them is haram (forbidden). The Prophet (peace and blessings be upon him) said:
Whoever kills a Mu'ahid who has the protection of Allah and the protection of his Messenger, will not smell the fragrance of Paradise
مَنْ قَتَلَ مُعَاهِدًا لَهُ ذِمَّةُ اللَّهِ وَذِمَّةُ رَسُولِهِ لَمْ يَرَحْ رَائِحَةَ الْجَنَّةِIf someone aggresses against them, he commits a sin and exposes himself to punishment from Allah (Mighty and Majestic). Also, it is obligatory for the ruler to punish him as he sees fit, to punish him as he sees fit. However, qisas (retaliation in kind) is not permissible between a Muslim and a disbeliever due to the lack of equivalence. But diyah (blood money) is obligatory, whether the killing was accidental or intentional. Diyah is obligatory. If the killing was accidental, such as being run over by a car or a car accident, if the killing was accidental, kaffarah (expiation) is obligatory, just as it is in the case of killing a believer.
Allah the Exalted said:
And whoever kills a believer by mistake - then the freeing of a believing slave
وَمَن قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍa compensation payment presented to the deceased's family [is required] unless they give [up their right as] charity. But if the deceased was from a people at war with you and he was a believer - then [only] the freeing of a believing slave
وَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ إِلَّا أَن يَصَّدَّقُوا فَإِن كَانَ مِن قَوْمٍ عَدُوٍّ لَّكُمْ وَهُوَ مُؤْمِنٌ فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍand if he was from a people with whom you have a treaty - then a compensation payment presented to his family and the freeing of a believing slave. And whoever does not find [one or cannot afford to buy one] - then [instead], a fast for two months consecutively
وَإِن كَانَ مِن قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ فَدِيَةٌ مُّسَلَّمَةٌ إِلَىٰ أَهْلِهِ وَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِAnd if this aggression includes terrifying the Muslims and destroying some of their property, this is considered among those who wage war against Allah and His Messenger, and among those who spread corruption in the land. Allah, Glorious and Exalted is He, says:
Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet
إِنَّمَا جَزَاءُ الَّذِينَ يُحَارِبُونَ اللَّهَ وَرَسُولَهُ وَيَسْعَوْنَ فِي الْأَرْضِ فَسَادًا أَن يُقَتَّلُوا أَوْ يُصَلَّبُوا أَوْ تُقَطَّعَ أَيْدِيهِمْ وَأَرْجُلُهُم
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع باب المواقيت - 2 — islamhouse.com (55:10)
The Arabic text is a machine transcription of the audio recording.