We have seen the provisions of the Charter of freedom defining the rights of the Dhimmis, or non-Muslims, permanently granted to them by the Holy Prophet (sas). Let us, now, examine the rights that the Muslims enjoyed in order to determine if the non-Muslims were really given a fair deal under Islam. Referring to the fighting tribes, who were erstwhile enemies of the Muslims, the Holy Prophet (sas) said:
"I have been commanded to fight those who have violated the sacred right of religious freedom and have destroyed my right to live peacefully. But those who accept God as One, worship Him the way we do, adopt our Qiblah1 as their own and do not object to eating meat as prepared by us or in other words agree to become Muslims and give up fighting against us—all their former misdeeds shall be forgiven. Since Allah and His Prophet have taken upon themselves the duty of protecting them, it is incumbent on Muslims who hold the reigns of power to discharge this duty zealously and never underestimate its importance."2
This positive statement of the Holy Prophet (sas) clearly shows that he gave exactly the same rights to Dhimmi non-Muslims as were given to the combatant tribes who accepted Islam.
It is on the basis of this equality of the rights that Muslim jurists have defined the rights of non-Muslim citizens in a Muslim State, in the following words:
"If the non-Muslims chose to live under a Muslim State and agree to pay its taxes, they will enjoy the same rights and privileges as are enjoyed by Muslims at large. Similarly they will be asked to discharge same obligations as the Muslims are required to discharge."3
1 The Ka‘bah diversion or the direction to which Muslims face when saying their prayers.
2 Nasbur-Rayah li Ahadithul-Hadayah, Vol. III, p. 380. (Darul Mamun, 1938)
3 Hidayah, Vol. II, Kitabus-Siyar, p. 562. (Cairo 2008)