Saturday, February 02, 2008

Non-Muslim Subjects under Islamic Rule


Islamic Shari'ah also assures the basic material needs of the non-Muslim subjects of an Islamic State. The department of social security under his reign had not only opened its door to the Muslims but also for the non-Muslims also. As a matter, of fact, it was a complete system of social insurance. Once, seeing some non-Muslim lepers on his way back from a journey, Umar ibn al-Khattãb issued orders that all such kinds of people should be provided sustenance from the State funds. Stipends were given to the poor from the treasury without any distinction of religion. Instructions were sent to the treasury officer that in the Qur'anic injunctions Sadaqah were for the poor and the needy, the "poor" should be understood to mean the Muslim poor, and the "needy" the poor among the Jews and the Christians and others".

In another tradition the Prophet (S) is reported to have said: "The son of Adam has basic rights for three things: a house to live in, a piece of cloth to cover his body, a loaf of bread and water". In the above traditions there is no reference to a particular community. By referring to 'the son of Adam' any ambiguity in defining the scope of these traditions has been removed. Thus it is obvious that the Islamic State is bound to provide for the basic necessities of its people irrespective of their religion. The earliest instance of fulfillment of basic necessities of non-Muslims during the early period of Islam can be seen in one of the treaties concluded by the Muslim general Khalid ibn al-Walid during the days of Caliph Abu Bakr. The treaty reads:

"And I have granted the right that if an old person becomes incapable of working or is suffering from ill health or is a destitute after being rich, so much so that his co-religionists start giving him alms, then his jizyah will be remitted; he and his family will receive the allowance for maintenance from public treasury as long as he lives in the Islamic State". Explaining the legal importance of the dhimmi treaties, of which the above extract forms a part, Majid Khadduri says: "The dhimmi(Non-Muslim) treaties, it will be recalled, were in the form of constitutional guarantees from the moment dhimmi communities ceased to be separate entities. Finally Muslim authorities tended to regard their contractual understandings as religious obligations which should be strictly observed".

The Caliph 'Umar, on seeing an old Jew begging, brought him to his house. He gave him some cash and ordered the treasury officer that such people who could not earn their living should be granted stipends from the public treasury.
In a letter addressed to Adi ibn Artah, 'Umar ibn 'Abd al-'Aziz wrote: "Be kind towards dhimmis(Non-Muslim). If you find some of them old or helpless, give maintenance to them".

The above-mentioned instances bear clear evidence as to how Islamic Shari'ah assures thee basic material needs of the non-Muslim subjects of an Islamic State. The legal guarantees of the material requirements of the citizens, with which the West became acquainted only in the beginning of this century, were given by Islamic Shari'ah fourteen hundred years ago. This attitude towards religious minorities is of great importance in view of the fact that such minorities are deprived of even basic human rights in the so-called welfare states of the twentieth century.


Sense of Responsibility

As the head of State, 'Umar ibn al-Khattab was extremely vigilant about the social security of the citizens. Here are some of his statements, which show his sense of responsibility: "The Caliph is the supporter of him who has no supporter."
"Each and every individual Muslim has a right in the property of the state treasury whether he exercises it or not."
"I am very much anxious that whenever I come to know of some one's need, I should fulfil it immediately. As far as we can individually meet the needs of one another, we should do so, but when we cannot do so individually then we shall do collectively until the standard of living of all of us in equalized. Alas! You not know my sincere feelings about you. But I want to explain them only through practice. By Allah! I am not a ruler that I enslave you; caliphate is the trust of Allah.
It is my duty to follow you (for your service) till you sleep in your homes with your bellies full of meal. Thus, I shall be (really) successful in (concluding your affairs). But, if I compel you to follow me till you knock at my door for your needs, then I shall be condemned. I may make pleasant here for a few days, but thereafter, I shall have to worry for a long period. Then none will listen to me and none will respond, if I beg his pardon."

In the light of the above-mentioned fact, it can easily be visualized, how much responsible should a head of State be for the social security of its citizens.


Department of Social Security

'Umar ibn al-Khattãb was the first ruler in the world who introduced the system of social security in his government. A department of social security was established. A careful census and registration of the citizens was done to ensure the provision of the basic necessities of the life to the destitute citizens of the State. The registration for providing social security had different categories.

Department of Public Treasury

State revenue is the most important tool for providing social security to a nation. During the Caliphate of 'Umar ibn al-Khattab, the income of the treasury department had immensely increased due to his wise and strict administrative policies. Zakah (religious obligation on a Muslim to pay 2½% from his/her wealth), 'ushr (religious tax on agricultural land), Sadaqah (spending for the pleasure of Allah), jizyah (tax on the non-Muslims for providing security) and khums (the one-fifth of the spoils of war) were credited to the treasury for the use of the Muslims at large. For example, after the battles of Yarmouk and Qãdisiyyah, the Muslims won heavy spoils. The coffers at Madinah al-Munawwarah became full to the brink.

The aim of the Islamic social security system is to fulfil every possible human need. These needs can broadly be classified into two categories: (1) Primary needs i.e., food, clothing, housing and necessary medical care, and (2) Secondary needs i.e., education, matrimony, old age benefits and social services etc.

Caliph 'Umar ibn al-Khattab used Social Security

· To provide Food during serious drought or famines to the people according to the family size.

· For the poor and disabled

· To provide education to the children

· To finance marriages of the unmarried poor or needy persons.

· To grant old age benefits and in old age investment

· To give loans for economic activity

· For granting Interest-free loans

· To pay off the debts of persons under obligation

· As Social Insurance to pay blood money of convicts in involuntary homicide

· To pay stipends to widows, married and unmarried women, young men and the immigrants.

During the rule of 'Umar ibn al-Khattãb, the social security system became so strong, that the people wanted to pay Zakah but there was no one to receive it.dirhams per annum, which was increased later on. For the unclaimed children a stipend of 100 dirhams was fixed. Expenses of nursing and breeding of the newborn were paid from the treasury, and parents were given allowance for the newborn child. In the beginning a child was given 100


Conclusion

The main features of the social security system during the reign of Caliph 'Umar ibn al-Khattãb can be enumerated as follows:

• Head of the State was conscious about the social security of the citizens.

• Social, economic, and political justice prevailed.

• State revenues were strong due to wise planning and strict administration.

• Institution of Zakah and Sadaqah was effectively used for social security.

. Social security system was implemented for all the citizens irrespective of

class and creed.

• Provision of food, clothing, shelter, necessary medical care, education, matrimonial aid, old age benefits, stipends, and interest-free loans to the needy citizens of the State.

• General social security for all the citizens of the state.


Social Solidarity & Social Security in Islam

Introduction

Social solidarity is one of the principles that Islam has established to enable man to lead a decent life. Thus, Islam has laid down many forms of religious donation to achieve social solidarity. Among them are Zakat (regular obligatory charity), (voluntary) charity, Al-Waqf (Religious endowment), expiation(2), vows(3), etc. Such forms do not reduce donation to meeting human basic needs. Instead, they are to reach the limit of financial independence and prosperity. As `Umar bin Al-Khattab, may God be pleased with him, stated: "When you make a donation, grant financial independence", which can be achieved through providing additional access to employment opportunities and assisting in starting, managing and growing small businesses. Scholars have stressed the fact that social solidarity can be categorized into two kinds: financial and molar solidarity. The latter is represented by many forms because human needs are not only financial ones, but they also include different forms such as consultation, advice, friendship, education, and other forms of donation. Therefore, time and in-kind donation is not less significant than financial donation. Moreover, it should be a human development-oriented means rather than a motive for dependence, the result of limiting donation to meet basic needs, which is considered as a palliative; ignoring the roots and rational solutions of the problem. So, each one should play a real effective role in society and take responsibility for putting an end to poverty and unemployment. Furthermore, one should offer even least assistance to one individual or family through providing them access to income or education, which can achieve their independence, the basis of social solidarity.

Financial solidarity includes financial assistant, aiming at making the poor reach the limits of "financial independence" or "prosperity" . In this sense, Ali bin Abi Talib, may God be pleased with him, said: "God imposes a duty on the rich to donate as much money as adequate for the poor in their society." On the other hand, molar solidarity is represented by many forms because human needs are not only financial ones, but they also include different forms, such as consultation, advice, friendship, goodwill, education, consolation, and other many forms of donation.


Definition of Social Secrutiy in Islam:

Scholars have made clear the fact that there is a difference between the two terms, "social solidarity" and "social security" although they seem alike. Social Security is a ruler's duty to citizens or, in a more contemporary language, a government's duty to its people as it has an obligation to enable them , at least ,to lead the minimum standard of life and to offer assistance to all who need it.


Social Solidarity in Islam as a means of prosperity of society

The concept of "Social Solidarity" is stated explicitly in many Quranic verses and Hadith(4) reports. God says in the Holy Quran what means: "The believers are but brothers." (49:10). Also, He says in the Holy Quran what means: "The Believers, men and women, are protectors, one of another." (9:71). Prophet Mohummed Hadith promote fraternity and altruism.Prophet Muhammad, peace be upon him, said: "A believer to another believer is like a building whose different parts enforce each other." He, peace be upon him also said: "The similitude of believers in regard to mutual love, affection, fellow-feeling is that of one body; when any limb of it aches, the whole body aches, because of sleeplessness and fever."‏ Allah's Messenger, peace be upon him, also said: "None of you will have faith till he wishes for his brother what he likes for himself."

Islam has made clear that money God grants us is not ours, but His. Thus, a Moslem is not to spend such money according to one's vain desires, but rather, according to God's instructions. Moreover, Islam has stressed the fact that this universe and all what is in is God's, not man's. Allah (=God) says in the Holy Quran what means: "To Allah belongs the dominion of the heavens and the earth" (48:14). Also, He says in the Holy Quran what means: "… and bestow upon them of the wealth of Allah which He hath bestowed upon you"(24:33). As money is God's, people are just its stewards; He entrusts them with it and, on Qiyamah (the Day of Judgment), He will ask them what they used it for. Among the parameters laid down by God in His Messages is spending (in charity) in the cause of God. God says in the Holy Quran what means: "Behold, ye are those invited to spend (of your substance) in the Way of Allah: but among you are some that are niggardly. But any who are niggardly are so at the expense of their own souls. But Allah is free of all wants, and it is ye that are needy. If ye turn back (from the Path), He will substitute in your stead another people; then they would not be like you"(38:47). He also says in the Holy Quran what means: "And let not those who covetously withhold of the gifts which Allah hath given them of His Grace, think that it is good for them: nay, it will be the worse for them; soon shall the things which they covetously withheld be tied to their necks like a twisted collar, on the Day of Judgment" (3:180). Furthermore, Islam obliges a Moslem to help the poor ; even if obligatory charity (Zakat) and (voluntary) charity are not adequate, subsistence available should be common to all the members of society, as God says in the Holy Quran what means: "… Whatever Allah has given to His Messenger as spoils from the people of the towns, it is for Allah and for the Messenger and for the near of kin and the orphans and the needy and the wayfarer, in order that it may not circulate only among those of you who are rich. " (59:8). The Prophet Muhammad, peace be upon him, said: "He is not a believer who goes to bed having eaten his fill while his neighbour remains hungry and he is aware of that fact." Also, he, peace be upon him, said: "If someone grows hungry among residences of a town, God and His Messenger will reject them." Moreove, `Umar bin Al-Khattab, may God be pleased with him, said: "I am keen on not leaving a need unmet as long as we can help each other. When we cannot do so, we should lead similar lives of subsistence."

Thus, social solidarity is one of the essential human rights guaranteed by God fourteen centuries ago. The human right to decent life is one of the parameters laid down by Islam; it is not a result of human experiences gained through development of the political and economical systems, which has taken place only in the West in the 20th century. There are suggestions made by some intellectuals which we can follow at this stage. Among them is the family solidarity; each clan should establish social solidarity fund to help poor relatives. Such help can take the form of giving them a monthly salary, giving them an amount of money to start a project, or helping the sick. There is also a suggestion that social solidarity committees should be formed in districts so that the rich can regularly help the poor, the wretched, and the orphan. It is necessary to bequeath the principles of social solidarity to future generations.

Zakat as a means of "Social Security"

Zakat has a great role in enhancing "Social Security." Many scholars consider Zakat the social security establishment as it is obligatory, has specific recipients, and is of a predetermined amount (Nisab). In previous Islamic eras, Zakat, represented in the Public Treasury, one of the charges of a ruler, was actually able to encourage economic development. In his book Social Solidarity in Islam, Dr. Naseh Ulwan stressed that "it is obvious that when the principle of Zakat used to be applied in previous Islamic eras, it succeeded in combating poverty, enhancing social solidarity, beating envy and grudge felt by the poor towards the rich,… making believers accustomed to generosity and donation, and paving the way for the broke to find jobs." Thus, Zakat was not just giving money to feed the poor, but also it was a means for beating poverty through providing additional access to employment opportunities. For example, a poor young man can be given a capital of a business with which he can buy a machine for a craft at which he is skillful. So, Zakat is a means of development and actual beating of poverty.

Caliphs, `Umar bin Al-Khattab and `Umar bin Al-Aziz, may God be pleased with them, set the most wonderful examples which stressed the fact that a righteous ruler is able to dispense justice and prosperity to his nation through typical adhering to honesty and justice while distributing money of the nation. In the Year of the Dearth, `Umar bin Al-Khattab, may God be pleased with him, said: "By Allah, which there is no god but Him, each one has due share of this money, which I may pay or not. No one deserves it more than another one, and I am but one among you… By God, if I live more, a herdsman on the Mountain of Sanaa will receive his share while he is pasturing his animals."

Islam stressed that a ruler must dispense justice to his people and to enhance social solidarity and social security. On the authority of Abu Hurarira, the Prophet Muhammad, peace be upon him, says: "Each chieftain will come, on the Day of Judgment, with his hands tightened. Nothing could free him unless he used to dispense justice (to his people)." Also he said: "Whenever he whom God, exalted be He, made a president of some people dies, while he is unjust to his people, God would deprive him from going to Paradise."

A woman is the most important asset in a Muslim society because she is the first line of defence. She is responsible for the upbringing of the next generations. Hence, she needs to be well protected in every aspects of her life so that she can discharge her responsibility without interruptions. In Islam the divorced and unmarried woman and the widow must be looked after by her male family members in the event she cannot provide for herself.

In Islam parents are legally responsible for the education and maintenance of children and in turn the children are legally responsible for taking care of their parents. Both children and their parents inherit from each other according to a prescribed law of inheritance. This law must be adhered to unless there is mutual agreement among those affected to vary it. Otherwise, neither of them can deprive the other of their respective shares in the legacy.

According to some scholars, every poor or handicapped relative, especially if she is a woman, must be cared for by relatives who have the means to do so.

There are many injunctions in the Quran and the Hadith that call for provision of maintenance for one's parents, grandparents and poor relatives.

To sum up, each male and female Moslem should take into consideration the fact that the whole Moslem Nation, both individuals and governments, have responsibility for solving the crisis of poverty, corruption, and iniquity suffered by millions of people allover the Islamic World. We should take the initiative and encourage one another to enhance social solidarity. Thus, we would be able to be absolved by God on the Day of Judgment as we exert every effort to enhance donation and justice, which is the least of faith.