|Details of Fatwa|
|Title of Fatwa||Islamic Shari`ah Knows no Discrimination|
|Date of Reply||29/Mar/2005|
|Topic Of Fatwa||Misconceptions, Concepts & Term, Aims of Legislation|
|Question of Fatwa||Scholars of Islam, As-Salamu `alaykum wa Rahmatullah wa Barakatuh. A non-Muslims debated with me regarding equality in Islamic Law. He said that in the Islamic state if a Muslim commits a crime – such as murder, for instance - against a non-Muslim, he will not be punished in the same way as a non-Muslim will be if the latter commits a crime against a Muslim. I feel this is untrue. Can you clarify please? Jazakum Allah khayran.|
|Name of Mufti||`Abdul-Majeed Subh|
|Content of Reply|
|Wa`alykum As-Salamu Warahmatullahi Wabarakatuh.
In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner, it gives us pleasure to receive your question and to see Muslim youth showing great concern in defending the cause of Islam. Thanks for this interesting question, which reflects part of misconceptions that some people have about Islam and the way it deals with non-Muslims. We really commend your efforts in pursuit of truth. This is what is required of all people, to seek truth and not to give in to anything that may cloud their minds with fake ideas about Islam.
According to the teachings of Islam, Muslims and non-Muslims – who live in the Islamic state – are treated equally. Religion doesn’t make difference in applying the hudud or penalties and punishment in the Islamic state. If a Muslim, for example, kills a non-Muslim with no right, he has to be killed in retaliation, and vice versa.
Responding to the question, Sheikh `Abdul-Majeed Subh, a prominent Azharite scholar, states the following:
Brother, the claim that you referred to in your question is groundless and has no backing in the Islamic Law. All people, Muslims and non-Muslims, are equal before the Shari`ah with regard to penalties and punishments.
For more information, the eminent Sheikh goes further on this issue in his “Good Argumentation with the Doubters of Islam”, published by Dar Al-Manarah, Egypt:
Since the 2nd century of Hijrah, or even before that time, some eminent Muslim jurists as Imam Abu Hanifah have held the view that any Muslim who kills a non-Muslim (a citizen of the Islamic State, under the category of Ahl Adh-Dimmah or non-Muslims having covenant with Muslims) should be killed in retaliation for his crime.
In the light of the above Fatwa, it becomes crystal clear that the Shari`ah knows no discrimination. All people living in the Islamic state are equal before the Law.
Allah Almighty knows best.