Equality Before Law

The status of Muslims and Dhimmis was equal in the eyes of law. No distinction was ever made between a Dhimmi citizen or a Muslim in a judicial inquiry. No one can show a single instance of favouring a Muslim against a Dhimmi. They were treated alike and were given equal opportunities to defend themselves in case of a trial. It is a matter of record that a Muslim guilty of any offence against a Dhimmi never went unpunished. In short we see that the example of the Holy Prophet (sas) and his pious Successors shows clearly that under the law, civil and criminal, all are equal and must be treated alike, irrespective of their religious or social status.

Once during the days of the Holy Prophet (sas), a Muslim murdered a Dhimmi. The case was brought before the Holy Prophet (sas) for trial. The Holy Prophet (sas) decided that the Muslim being guilty of murdering another human being must be put to death. He further declared:

اَنَا اَحَقُّ مَنْ اَوْفٰی بِذِمَّتِہٖ

"To protect the rights of Dhimmis is my most important duty."1

Similarly, once a Muslim who had murdered a Dhimmi, was brought before Hazrat ‘Ali (ra). It was found that the accused was guilty. Accordingly, ‘Ali sentenced him to death. The relations of the culprit persuaded the heirs of the victim to pardon the crime on payment of blood money. When Hazrat ‘Ali (ra) came to know of this he sent for the brother of the deceased and said:

"Perhaps these people have tried to secure your consent under duress."

He replied:

"No I did it out of my own free will without any pressure. As putting the murderer to death cannot bring my brother back to life, the blood money they are giving me, will, to some extent, sustain the survivors and therefore, I have decided to pardon him."

Hazrat ‘Ali (ra) replied:

"It is all right if you really mean it, you know better. However, the policy of our government most emphatically is, that the blood of a Dhimmi citizen is as valuable as our own blood and his blood money is equal to ours."2

Once a son of ‘Amar bin al-‘As, the governor of Egypt, gave a beating to a Dhimmi citizen without any justification. The incident was reported to Hazrat ‘Umar (ra). Under his orders the governor’s son was publicly beaten by the Egyptian Dhimmi. ‘Umar (ra) also declared in his order to the governor:

مُنْذُکَمْ تَعَبَّدْتُّمُ النَّاسَ وَ قَدْ وَلَدَتُھُمْ اُمَّھَاتُھُمْ اَحْرَارًا

"Since when have you taken people as slaves although they are born free."3

The occasion on which the Quranic verse: وَلَا تَکُنۡ لِّلۡخَآئِنِیۡنَ خَصِیۡمًا i.e., "And be not thou a disputer for the faith less" (4:106) was revealed is the following:

Once a Muslim stole something from someone’s house. Fearing exposure, he threw away the stolen property in a Jew’s house, which was recovered on investigation. The Jew pleaded not guilty, but the culprit insisted that the Jew was the thief. Some other people seem to have supported the Muslim on the available evidence and denounced the Jew as being guilty. The Holy Prophet (sas), too, thought, may be the Jew was responsible for the theft. It was on this occasion that God revealed the above given verse and informed the Prophet (sas) of the true facts. The Muslim was accordingly punished because of the theft and for misstatement. The Holy Prophet (sas), further, forbade the Muslim from quarrelling with the Jew.4