Samahat al-Islam fi al-Taamul ma Ghayr al-Muslimin

Author died
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Editions
Ministry of Awqaf website (Saudi Arabia), published without metadata

Samahat al-Islam fi al-Ta‘amul ma‘ Ghayr al-Muslimin (The Tolerance of Islam in Dealing with Non-Muslims) is a contemporary treatise by Hikmat ibn Bashir Yasin, professor at the College of the Holy Quran and Islamic Studies at the Islamic University of Madinah, addressing the principles and historical precedents of Islamic tolerance toward non-Muslims and in legal practice.

Purpose and Scope

The author composed the treatise to clarify Islamic teachings and refute claims alleging that Islam promotes violence and extremism, grounding the discussion in texts from the Quran, the prophetic Sunnah, and Islamic history. The work defines tolerance (al-tasamuh and al-samaha) linguistically as leniency and facilitation (al-lin wa-l-tasahul), citing lexicographers such as Ibn al-Athir and al-Fayruzabadi, and presents it as a source of affection, coexistence, and the rejection of extremism.

Content and Themes

Treatment of Non-Muslims and Adversaries

The work highlights prophetic interactions with non-Muslims and opponents across several domains:

  • Treatment of religious communities: The Prophet Muhammad ﷺ instructed good treatment toward the Copts of Egypt, noting their entitlement to protection and kinship (dhimma wa rahim). In legal matters involving non-Muslims, such as the case of an unsolved murder at Khaybar, the Prophet accepted the oaths of the Jewish community regarding their innocence and disbursed the blood money himself rather than leaving the matter unresolved.
  • Treaties and charters: The text examines the Constitution of Medina (Dustur al-Madinah), quoting several of its clauses guaranteeing religious freedom and mutual assistance between Muslims and Jewish tribes, alongside analysis by the contemporary historian Akram Diya al-Umari.
  • Forbearance toward opponents: The author cites instances of the Prophet's pardoning and tolerance toward adversaries and hypocrites, such as Labid ibn al-A'sam and Abdullah ibn Ubayy ibn Salul.
  • Practices of the Companions: The work recounts precedents set by the early community, including Umar ibn al-Khattab sending a silk garment as a gift to his non-Muslim brother in Mecca, and the stance of Muslims during the era of Mu'awiyah in refusing to break covenants even when non-Muslim adversaries violated theirs.

Commercial Ethics and Legal Principles

The book extends the concept of tolerance beyond interfaith relations to commercial transactions and Islamic jurisprudence:

  • Economic dealings: The author cites prophetic hadiths urging ease and generosity when buying, selling, and collecting debts, referencing the commentary of Ibn Hajar al-Asqalani.
  • Penal laws (hudud): The work argues that warfare in Islam was restricted to combatants threatening the Muslim state, while peaceful non-Muslims were offered peaceful coexistence with the payment of jizya. It outlines the stringent evidentiary requirements for prescribed punishments, noting that their implementation is narrow, subject to judicial authority, and impeded by doubtful circumstances (dar' al-hudud bi-l-shubuhat), as expounded by jurists like Izz al-Din ibn Abd al-Salam.
  • The doctrine of necessity (darura): The treatise examines how Islamic law accommodates necessity in circumstances of duress, famine, and illness—drawing on legal studies by Wahbah al-Zuhayli and quoting Western legal comparative observations by the French jurist Édouard Lambert.

Publication

The treatise has been published digitally via the portal of the Saudi Ministry of Islamic Affairs, Endowments, Dawah and Guidance.

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