al-Taayush ma Ghayr al-Muslimin fi al-Mujtama al-Muslim

al-Taayush ma Ghayr al-Muslimin fi al-Mujtama al-Muslim (Coexistence with Non-Muslims in Muslim Society) is a contemporary treatise on Islamic jurisprudence and social doctrine by Munqidh al-Saqqar, written to examine the legal status, rights, protections, and obligations of non-Muslims living under Islamic rule al-Taayush ma Ghayr al-Mu…+1. Completed in Mecca in Safar 1427 AH (March 2006 CE), the book addresses contemporary misconceptions surrounding Islamic governance and interreligious relations al-Taayush ma Ghayr al-Mu….

Background and Purpose

The author frames the work as an effort to dispel contemporary anxieties held by non-Muslim minority communities within the Muslim world amidst the resurgence of Islamic identity and religious practice al-Taayush ma Ghayr al-Mu…. The treatise also responds to Western critiques and polemics that characterize Islamic law as intolerant or coercive, as well as counter-arguments—such as those discussed by Count Henri de Castries—suggesting that excessive tolerance contributed to the eventual political decline of historical Muslim states al-Taayush ma Ghayr al-Mu…. Drawing upon the Quran, prophetic traditions, classical juristic rulings, and historical accounts, the work seeks to present the normative Islamic framework for interfaith coexistence al-Taayush ma Ghayr al-Mu…+1.

Structure and Contents

The book is structured into an introduction, a preliminary legal overview (tamhid), two main thematic chapters (mabhath), and a conclusion al-Taayush ma Ghayr al-Mu…+1:

Preliminary Overview (al-Tamhid)

This section defines doctrinal concepts and categorizes non-Muslims in Islamic jurisprudence al-Taayush ma Ghayr al-Mu…. It begins by examining the theological definition of kufr (disbelief) in the writings of scholars such as Ibn Taymiyyah, clarifying that non-Muslims of all denominations fall under this legal classification despite variations in Quranic forms of address al-Taayush ma Ghayr al-Mu…+1. It then sets out the classical legal categories of non-Muslims residing in or visiting Muslim lands, including non-Muslim permanent residents (ahl al-dhimma), individuals under peace treaties (mu'ahidun), temporary safe-conduct holders (musta'minun), and belligerents (harbiyyun), detailing the general legal provisions governing each group al-Taayush ma Ghayr al-Mu….

Rights and Guarantees (al-Mabhath al-Awwal)

The first chapter delineates the rights and legal protections accorded to non-Muslim residents in a Muslim society, alongside their historical applications:

• Freedom of Religion and Conscience: Non-Muslims cannot be coerced into accepting Islam al-Taayush ma Ghayr al-Mu….
• Sanctity of Places of Worship: The protection of existing churches, synagogues, and cloisters, referencing the Prophet Muhammad's pact with the Christians of Najran guaranteeing their places of worship and clergy al-Taayush ma Ghayr al-Mu….
• Freedom of Religious Practice and Personal Law: Guaranteeing non-Muslims the right to observe their Sabbath and religious rites without interference al-Taayush ma Ghayr al-Mu…. Classical authorities such as Abu Ja'far al-Tahawi and Malik ibn Anas are cited to demonstrate that non-Muslims possess autonomy regarding practices permitted in their religion—such as the private possession of wine and pork—provided these are not publicly displayed in Muslim communities to cause civil harm al-Taayush ma Ghayr al-Mu….
• Social Solidarity (al-Takaful al-Ijtima'i): The inclusion of non-Muslims in social assistance and welfare provisions within the Muslim polity, grounded in the Islamic principle of universal mercy al-Taayush ma Ghayr al-Mu….

The Ordinance of Jizya (al-Mabhath al-Thani)

The second chapter focuses on the jizya (poll tax) in Islamic jurisprudence al-Taayush ma Ghayr al-Mu…. Basing the discussion on Quran 9:29 and classical commentaries by scholars such as al-Qurtubi, Malik ibn Anas, and Ibn Hajar al-Asqalani, the author underscores that the jizya was mandated exclusively upon able-bodied, adult male combatants capable of bearing arms al-Taayush ma Ghayr al-Mu…. The text outlines broad categories of individuals exempt from payment, including women, children, the elderly, the chronically ill, the destitute, the insane, and monastics, framing the tax as an exemption fee for defense and state protection rather than a punitive levy al-Taayush ma Ghayr al-Mu….

Conclusion (al-Khatima)

The work concludes with a summary of its key findings, reiterating that classical Islamic law established an institutional framework for the protection and peaceful coexistence of religious minorities within Muslim society al-Taayush ma Ghayr al-Mu…+1.