Protection of the Rights of Dhimmis

Bilal (ra), who handled the domestic expenses of the Holy Prophet (sas), borrowed some money from a Dhimmi, for use in the Prophet’s (sas) house. The day on which the loan was to be repaid was approaching fast but there was no money. Bilal (ra) was afraid that the creditor would press his demand and make things awkward for him. He conveyed his fears to the Prophet (sas) and begged leave to go out of Medina for a few days to escape from the clutches of the creditor. Under the law of the time a money-lender could even put the borrower under house arrest. Bilal (ra) was afraid that this too might happen. Accordingly, he went to his house and made preparations to go out of the city early in the morning. Early next morning, Bilal (ra) received word from the Prophet (sas) that he need not worry as arrangements for payment had been made.1

This happened sometime after seventh year of Hijra when Islam was at the heyday of its power. World history is incapable of furnishing a similar example of the protection of rights of an ordinary citizen against the head of a state.

Soon after the Fall of Mecca, a deputation of Banu Thaqif from Ta’if waited on the Holy Prophet (sas), who made arrangements for their stay in the Mosque, where tents were pitched for them. Some people approached the Prophet (sas) and objected to their staying in the mosque on the ground that the guests were idolaters and an impure lot. The Prophet (sas) replied that the Quranic verse إِنَّمَا الْمُشْرِكُونَ نَجَسٌ i.e., "The idolaters are impure" refers to a condition of heart and not to that of the body. Nor for that matter is any human being impure in this sense. Bodily speaking all human beings are pure and have the right to free access to the holiest of holy places.2

Muhayyisah (ra), one of the companions of the Prophet (sas), was killed in Khaiber. His heirs filed a suit for blood money before the Holy Prophet (sas). The Holy Prophet (sas) asked them if they could swear to the identity of the murderer. They replied:

"O Prophet (sas) of Allah, we did not happen to be present at the time of murder, how can we testify on oath."

The Prophet (sas) replied:

"You cannot claim damages without proof. The only alternative that remains under the law is that the Jews of Khaiber whom you suspect, should fifty times plead not guilty to the charge to clear their position."

The heirs of the late companion said:

"The Jews are not reliable, they can easily make false statements and swear to their truth."

The Holy Prophet (sas) declared:

"Then I can’t do more than this, because the Quranic law does not allow any discrimination."

It is interesting to note that the Prophet (sas) paid the damages to the heirs of Muhayyisah (ra) out of his own pocket.3

Once some Muslims, who were fed up with the machinations of the Jews of Khaiber, misappropriated some of their fruits and animals. The Prophet (sas) was furious when he came to learn of this and said:

"Allah does not allow you to enter the houses of the People of the Book without their permission. Similarly it is absolutely illegal to pluck fruits from their orchards."4

An Ansari reports:

"Once I accompanied the Prophet (sas) on a journey. I was hungry and had nothing to eat. I spotted some goats belonging to some non-Muslims, which I captured, killed and put the cauldron on fire. Meanwhile the Holy Prophet (sas) arrived and came to know of what I had done. He had a bow in his hand, with which he struck at the cauldron and threw it away, and declared, 'loot is as illegal as a dead carrion.'"5

It is reported in the Musnad Imam Ahmad bin Hanbal that once some children were overtaken by the rush of battle and were trampled to death. The Prophet (sas) was shocked at this, to console him one of the companions submitted:

"O Prophet (sas) of Allah, after all they were only children of the idolaters."

The Prophet (sas) said:

"The Children of idolaters are also humans like you, and have the inherent capacities to become the best of men. As a matter of fact every child is born a Muslim, it is after his birth that his parents make him a Jew, a Christian or something else. Beware! do not kill children. Beware! do not kill children."6