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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Applying Islamic Shari'ah to Disbelievers in Muslim Lands

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Question:
Islamic Shari'ah is suitable for all times and places. If we apply Shari'ah in a country where the majority are Muslim, and there are numbers of People of the Book and non-religious people, what is the ruling on applying Islamic Shari'ah to them? And if a male or female Person of the Book commits a crime subject to a fixed punishment (hadd), and all the conditions for establishing the punishment are met, is the punishment prevented from being applied to them due to the difference in religion? And what is the ruling if the perpetrator of the crime is a non-religious person, i.e., a disbeliever?

Answer:
This is a matter clarified for the people of knowledge and made clear to the people of knowledge. If there are Christians, or Jews, or other people from among the disbelievers in the state; then they must adhere to the limits of Shari'ah, and the state must execute the ruling of Allah (Mighty and Majestic) upon them if they pay the jizyah and adhere to the rulings of the state—the rulings of Islam—among themselves. The state must protect them from injustice, not allow anyone to oppress them, give them the rights of nationals that pertain to their like, and establish the command of Allah among them if they contravene the law of Allah. They must not display their religion and their evil among the Muslims; rather, it should be within their homes and within their establishments, so that they do not display their evil to the Muslims, nor their religion to the Muslims.

So the conclusion: That these have rulings in Islamic governance. It is obligatory upon the rulers to apply the Islamic rulings that the scholars mentioned regarding the Jews, the Christians in their lands, the Zoroastrians in their lands, the Buddhists in their lands, and others whom the Shari'ah has permitted to remain.
As for those whom the Shari'ah has not permitted to remain, these are dealt with as the Shari'ah requires. If the Shari'ah requires their expulsion, they are expelled; if it requires their killing, they are killed. The command of Allah (Exalted and Majestic is He) must be applied to them in what is obligatory from their side. They must be protected from injustice and given their rights that were agreed upon in the conditions between them and the one in authority. And if the conditions between them and the one in authority are not executed for them, these are matters not to be neglected; rather, they have clear rulings in the contract of dhimmah and the rulings of the People of Dhimmah.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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