Citizenship within the New Religious Address

[Muslimah]

Citizenship within the New Religious Address


An Islamic Perspective


Shiekh Fawzi Al Zefzaf


Head of the Al Azhar Permanent Committee for the dialogue of monotheistic religions and former deputy of Grand Imam of Al Azhar


Aboul O`ala Mady


Head of the International Center for Studies and Board member of Egypt’s Association for Culture and Dialogue


A paper presented to the Egyptian German dialogue forum


Held in the Evangelical Academy – Hanover- Lecome – Germany


9 – 13 April 2003


Ideology, methodology and performance of the Religious address, in general, is governed by the religious belief and the relevant rules in addressing its followers on one hand and the non followers on the other.


Although the religious belief takes a one general title for identifying its followers such as in the case of monotheistic religions (Judaism, Christianity and Islam), yet each given religion includes different sects and schools. Due to this, a difference of the method of religious address occurred among people from the same belief according to the school’s relevant ideology.


Religious address as a general concept includes the system of relations between mankind and Allah -The Creator – (belief and worship) and with other human beings (dealings).


Islam in this regard is more comprehensive compared to other religions as it regulates as well the relation between a Muslim and the components of the universe in general: water, animals, plants and the environment as a whole.


Each of the previously mentioned areas requires an in depth explanation in order to properly highlight Islam, which drew the correct path for the well being of mankind. Islam that aims for people to live under feelings of brotherhood, love, peace and security, construction, progress and flourishing. But unfortunately, enemies of Islam deliberately managed to distort the beautiful image of Islam while a number of Muslims due to lack of knowledge did the same.


However, the size of this research is not sufficient to tackle all the areas, but we will rather focus on its topic (citizenship in the new religious address – an Islamic vision).


We must stress here that the concept of citizenship, determination of rights and duties of state citizens is governed in Islam by the religious provisions and legislative regulations. It is also subject to covenants and agreements issued in the Muslim State regulating the life and dealing system among citizens or even the interrelation system with other countries (constitution).


Citizenship in the Islamic history:


Citizenship, as a term, expresses the link between two elements “the citizen” which is the person who belongs and “homeland” or the location, which creates mutual rights and duties for both the citizen and homeland.


According to this meaning, citizenship is seen to be the relation creating human rights and mutual duties was known in history before the Islamic openings and liberation. It was recognized with the establishment of the first Islamic state by the Messenger of Allah (peace and prayer be upon him) in Medina (Yathreb). In this state he developed the prophetic document known as “The Medina Document” or “The Medina Constitution”. It was a document to regulate life in Medina between Muslims, Jews and a few number of non-believers. As a document, it is considered to be the first system regulating the relation among citizens of the same state based on the belonging to the state rather than the religious belief, tribal, color or ethnic racism.


An advice was contained in the document that: “The believers and Muslims of both Quraish and Yathreb along with whoever followed them and fought with them are one nation apart from people. Whoever followed them from among the Jews are entitled for support and help without any unjust or support against them. The Jews with the believers are one nation. They have their religion while the Muslims have theirs. Both are mutually entitled for support in case a war was initiated against people who are governed by this document. They are also entitled for advice, consult, and help among each other without offense. Furthermore, people governed by this document are prohibited to commit any criminal or illegal acts inside Yathreb, a neighbor enjoys same rights as the person. He should not be offended. and so forth”.


The Medina document signed by the Messenger of Allah (prayer and peace be upon him) which is considered an unprecedented constitution of a state determined the following:


1. Identify the meaning of citizenship in the state, which is established upon belonging.


2. Difference of belief does not merit the followers of one religion any advantages over followers of another religion.


3. Citizens of state are equal in terms of rights and duties. Each citizen enjoys such rights as long as he did not betray the state.


4. Whoever violates the citizenship convention through cooperating with enemies of the state will bring to him and his family members’ destruction and harm.


The Messenger of Allah together with the Muslims in Medina (prayer and peace be upon him) continued maintaining the enforcement of this document until it was violated by the Jews. They breached the agreement, annulled the covenant and made a plot in coalition with the non-believers of Mecca and other Arab tribes who did not embrace Islam against the Messenger of Allah (prayer and peace be upon him). The Jews urged the enemy to launch war against Muslims in order to exterminate them. In history, the incident is known as the battle of Ahzab (Parties) which ended with the defeat of the Ahzab army.


As an unprecedented act, The “Medina document” was the first recorded constitution in history until the British, after the 1215 revolution, developed their document titled as “The Greatest Covenant”.


Dhema and Jezzya covenant:


Both titles usually raise a major controversy to the extend that they underwent a deliberate distortion as being a factor of diminishing citizenship rights. They were also perceived as discrimination against non-Muslim citizens living in the Islamic states which is absolutely incorrect. Therefore, we need to clearly explain each of the two items.


Dhema covenant:


It is a covenant created by Muslims after opening the countries for the purpose of regulating the relation with non-Muslims who are living among them and not in a state of war. Basically, Muslims were committed to the protection of people living in the country maintaining their own religion. They were also responsible to protect their places of worship, avoid intervention in selecting their religious leader, protection of their rights in general, in return, the non Muslims shall pay an extra amount of money over the usual tax which came to between two Dirham – Two Dinar. The amount was imposed on each individual capable of carrying a weapon (fighting). However, this amount of money must be excessive of his and his family’s needs (the so-called Jizzya).


An old man, a monk, priest, woman, child are not obliged to pay Jizzay, since these categories are incapable of fighting.


Islam actually gave people of the countries, where it entered, a choice to embrace Islam but on basis of full conviction and full freedom. Or to maintain their own religion. As such, whoever chose to willingly embrace Islam became a Muslim governed through its provisions. Other wise whoever retained his religion, shall be granted this right by Islam, however, must pay the Jizzya. The Jizzya is nothing but a public tax of the previously mentioned amount a Dhemi pays to the state.


Jizzya:


Established by the Persians, it is a system, which was enforced even before Islam called “Kreet”. Persians, Arabs, Christians and Muslims all employed this system.


Jizzya is not an Islamic innovation; even the Greeks imposed it on the population of Asia during the fifth century BC In other words, a 1000 years before Islam. Similarly, was imposed by the Romans, Byzantine and Persians on nations where they ruled. The amount was even much larger that what was enforced during the Islamic State era. The Jizzya within the Roman, Byzantine and Persian states, which exceeded the capacity of the subjected countries, was collected by force in the form of taxes paid to the central state. It was collected three times per year. The historian Man in his book “Egypt’s history during the Roman era” stated: They imposed taxes on the heads of the Copts which means on each living soul, animal and house. More than this, they imposed taxes on the furniture of the house in addition to the regular taxes on agriculture and trade. Anti sentiments against the Roman state grew when they even imposed taxes on the dead. In this regard, a dead person will not be buried until a dead tax is paid.


The new religious address:


A group of people thinks that the modern religious address or modernizing the religious address implies the change of the features and objectives of Islam. Or even overlooking some of the rulings or prohibitions which means ignoring to address some of the Islamic provisions at certain positions such as Jihad in Islam or the interrelation between Muslims and other faiths.


However, this implication is absolutely wrong. The meaning of modernization, though, is that in the Sharia`a (Islamic legislation) and doctrine there exist fixed rulings that are established by virtue of permanent provisions. This is called the permanents, which is basically associated with the belief in addition to other rulings that are also definitely established and evident. While there is a space in rulings of Islamic legislation that are changeable. In other words the “Fatwa” which changes according to scholars by virtue of place, time and person. Therefore, the Islamic religious thinking in such issue entails thorough revision and constant Ijtihad (search and efforts) in order to issue rulings, Fatwa and legislation which best suit the place, time and change of people’s status. This is called the concept of Ijtihad which nobody is capable of eliminating. However, Ijtihad must be conducted through specialized Islamic scholars and thinkers who own the required tools including the Islamic legal knowledge in all areas.


Therefore, when the term the modern religious address is used, it implies the issue of Ijtihad in our present time, revision of provisions, Fatwas and legal opinion needing to be revised and changed within the correct scientific rules of Ijtihad. Actually, a number of people who are not qualified for Ijtihad started calling for it. The situation ended with them falling into grave mistakes when they intended to seek the truth.


Moreover, modernization or renewal is a call targeting those who are undertaking Da`awa (calling for Islam) activities in order to reevaluate themselves and method of performance, ability to tackle the relevant issue in terms of time and place. Such issues are usually of major concern to the Muslims. They must also ensure a proper level of capability to comprehend the correct and sound religious information, rulings and opinion that are associated with the topic subject to the address.


Citizenship in the modern religious address:


Citizenship as a concept in the Islamic world, underwent several developments as we referred before until the time when non Muslims were allowed to join the state army by virtue of which Jizziya was canceled. As we indicated before, Jizziya is a tax in return for not participating in the army. This took place in Egypt in 1856 during the reign of Said Pasha when he announced the cancellation of Jizziya payment for non-Muslims who were allowed to join the army. The entire population, Muslims and Christians, struggled and scarified their blood against the foreign occupation. They also participated in the national movements leading the struggle until liberation was achieved. When they succeeded in doing so, they sat covenants to regulate the life in such countries “constitutions” based on equality among citizens. The term constitution was unfamiliar to our Arabic legal or jurisprudence vocabulary before the establishment of these countries. Yet the meaning was known. Most of the constitutions stipulated to prevent any discrimination against citizens due to religious belief.


Muslims and non-Muslims accepted this. They lived under the ruling of the constitutions when they were properly enforced. Under times of tyrant regimes which actually outlawed the constitutions, still Muslims and non Muslims never experienced in their relations any sign of discrimination unless what is related to the direct religious leadership, marriage and the like.


As the signs of the current Islamic awakening appeared, when its leaders and scholars called for applying the Islamic law (Sharia`a) in a more comprehensive manner, a non Muslim group expressed concerned. They feared about the annulment of what has been legally and factually established including right to equality with their fellow Muslims in one homeland. A group of anti Islam, yet carry Muslim names, publicly declared that this call aims at returning to the Dhema era. They declared it a diminishing factor to the rights of non-Muslims, jeopardy to their places of worship, disregard to their personal or family affair codes. In brief they announced it a return to the era of Dhema which is absolutely innocent of all their allegations.


Muslims were able to provide the adequate arguments for all such allegations. They stated that Dhema is a contract rather than a status quo which ended by virtue of the elimination of its both parties or at least one party, the Islamic state, from existence. It disappeared along with other Islamic succession (Khelafa) states until the end of the Ottoman one. The modern state is never a succession to the first Islamic state, by which, the contract may continue to be valid. Furthermore, the non-Muslims who concluded and accepted the Dhema contract including not joining the Muslims in fighting already left this world. While the group who is currently present are different people who shared our struggle against the enemy. They are actually soldiers and officers serving with the state army. To establish such armies they contributed their blood and money. On the day when the Islamic state fell before the invading Western armies, no one stated that the Dhema contract covering the rights and duties is still valid. They advised that the first Islamic state, at the time of the Prophet prayer and peace be upon him, treated the non-Muslim residences at the time of its establishment as citizens. The Prophet’s document stipulated that “the Jews are one nation with the believers” and that “the Jews are in agreement with the believers as long as they are fighting” and that “the Jews in case of any aggression against them are entitled from the Muslims for support and equality with the believers” and many other similar protective stipulations.


In this Prophetic action is a guidance which must be followed. We are not to be blamed if we copy what the Messenger of Allah peace and prayer be upon him did. No but Insh a Allah we are absolutely correct.


They also argued that the constitution is the contract based on which the modern state was established and accepted by Muslims and non-Muslims.


A Muslim, by virtue of the Islamic law, is obliged to fulfill covenants and contracts. Violation of them is harm to non-Muslims. Our Prophet prayer and peace be upon him said:’ Whoever harms a Dhemi then he harmed me” and he also said:” One who fights with a covenant beneficiary (Mua`hed) then I will be his opponent”. To this effect, a Dhemi is a non-Muslim who is permanently residing in the Islamic state while the covenant beneficiary is one who is one who is temporarily residing.


In regard to citizenship rights, Muslims and non-Muslims enjoy equal rights. Their relations in the Islamic countries today are regulated through the relevant constitutions, which must be applied as long as it does not stipulate a haram, or prohibit a halal