State is an ideological state. Keeping in view its specific ideology, its
citizens can be classified into two categories:
1) Those who
become its citizens after accepting its ideological basis.
2) Those who
assume its citizenship as a consequence of a treaty.
has specified three conditions for persons eligible for this category:
should profess faith in the oneness of Allah and the prophethood of Muhammad
(sws) and give up every belief and deed against Islam.
testimony of their faith, they should offer prayers according to the way
prescribed by the Prophet (sws).
3) For the
functioning of the state system, they should pay zakāt to the public treasury
repent [from all un-Islamic beliefs and deeds], establish regular prayers, and
pay zakāt, they are your brethren in religion. (9:11)
fulfils these three conditions, will be considered a Muslim in the eyes of the
law and will be granted this type of citizenship in an Islamic State. As far
as his rights and duties in a state are concerned, there will be no difference
between him and those who are the founders of the state. The Qur’ān has used
the word fa ikhwānukum fi’l dīn (they are your brothers in religion) to convey
this meaning. From the word al-dīn, Islam is implied and by the words fa
ikhwānukum, those who professed faith in the Prophet (sws) in the early stages
and those who laid the foundations of the Islamic state in Madīnah have been
addressed and told that people who fulfil these conditions are equal to them
and will have the same political and collective rights.
(sws) has explained this Qur’ānic directive in the following words:
I have been
ordained to wage war with these
people until they testify to the oneness of Allah and the prophethood of
Muhammad, establish regular prayers and pay zakāt. If they accept these
conditions, their lives and wealth shall be given protection except if they
are deprived from this protection on the grounds of some offence they may
commit. As far as their inner account is concerned, it rests with Allah.
(Muslim: Kitābu’l Imān)
statement is attributed to the Caliph Abū Bakr, while he was launching an
attack against those who were desisting to pay zakāt:
waged war on three conditions: on testifying to the oneness of Allah, on the
establishment of regular prayers and on the payment of zakāt and the Almighty
has said: `Therefore, if they repent, establish regular prayers and pay zakāt,
spare their lives'. By God! I shall neither ask for more nor less.
(Ahkāmu’l Qur’ān, Jassās, Vol 3, Pg 82)
has alluded to this type of citizenship in the words `with whom you have
concluded a treaty’ (8:56). The Jews of Madīnah are implied here. This treaty
was concluded with them by the Prophet (sws) when he became the ruler of
Madīnah after migration. Historians refer to it as the Mīthāq-i-Madīnah. Later
on, similar treaties were concluded by the Muslims with other nations as well.
Such treaties, of course, can be concluded upon different conditions depending
upon the circumstances. In the Mīthāq-i-Madīnah, it was clearly stated that
after accepting Muhammad (sws) as the ruler of Madīnah, the Jews and the
Muslims would be one nation. Their rights will be the same as the rights of
the Muslim citizens of Madīnah:
according to this treaty stand accepted as one nation with the Muslims. As far
as their religion is concerned, the Jews will remain on theirs’ and the
Muslims and their allies on theirs’. (al-sīrah al-nabawiyyah, Ibn
Hishām, Vol 2, Pg 107)
non-Muslim citizens of an Islamic State belong to this category.
from Ghamidi’s “Mīzān”)