The Silent Revolution – ހިމޭން އިންގިލާބު

Gaumahtakaa: The Concept of ‘Islamic State’
President Nasheed Should Know Better: 
When President Nasheed called religious scholars in Maldives regarding the Islamic position, or Shariah position, regarding freedom of worship of non-Muslims in Maldives, he should have known better. Our President as Head of State of Maldives also has Constitutional Responsibility to protect Islam and uphold the Constitution of Maldives. His call on scholars to give him an opinion is, no doubt, a clever attempt to create controversy on this issue so that Maldivian people will begin debate the issue. It is one of those clever tactics of softening the “Islamic Identity” of Maldives through debate and reflection on issues of religious freedom in Maldives. President Nasheed should stop this and focus on developing the country. For those who may want to know more here are some points to consider in this issue of providing freedom of non-Muslim worship in Maldives.
 
Concept of “Islamic State”
An Islamic state is essentially an ideological state. Maldives is an Islamic State because it is what the Constitution says. It is what Maldivians want. It is a democratic right of Maldivians to create an Islamic State in Maldives.
The differences between an Islamic State and a Secular State are:
 
An Islamic state is ideological. People who reside in it are divided into Muslims, who believe in its ideology and non-Muslims who do not believe.
 
Responsibility for policy and administration of such a state “should rest primarily with those who believe in the Islamic ideology.” Non-Muslims, therefore, cannot be asked to undertake or be entrusted with the responsibility of policymaking.
 
An Islamic state is bound to distinguish between Muslims and non-Muslims. However the Islamic law “Shari`a” guarantees to non-Muslims “certain specifically stated rights beyond which they are not permitted to meddle in the affairs of the state because they do not subscribe to its ideology.” Once they embrace the Islamic faith, they “become equal participants in all matters concerning the state and the government.”
 
The above view is the representative of all four schools of thought: the Hanifites, Malikites, the Hanbilites, and Shafi`ites. All four schools agree dogmatically on the basic creeds of Islam. Maldives is Shafi’ites as per our Constitution.
Classification of Non-Muslims:
 
In his article, “The Ordinances of the People of the Covenant and the Minorities in an Islamic State,” Sheikh Najih Ibrahim Ibn Abdullah remarks that legists classify non-Muslims or infidels into two categories: Dar-ul-Harb or the household of War, which refers to non-Muslims who are not bound by a peace treaty, or covenant, and whose blood and property are not protected by the law of vendetta or retaliation; and Dar-us-Salam or the household of Peace, which refers to those who fall into the following three classifications:

Zimmis (those in custody) are non-Muslim subjects who live in Muslim countries and agree to pay the Jizya (tribute) in exchange for protection and safety, and to be subject to Islamic law. These enjoy a permanent covenant. 
 
People of the Hudna (truce) are those who sign a peace treaty with Muslims after being defeated in war. They agree to reside in their own land, yet to be subject to the legal jurisprudence of Islam like Zimmis, provided they do not wage war against Muslims.
 
Musta’min (protected one) are persons who come to an Islamic country as messengers, merchants, visitors, or student wanting to learn about Islam. A Musta’min should not wage war against Muslims and he is not obliged to pay Jizya, but he would be urged to embrace Islam. If a Musta’min does not accept Islam, he is allowed to return safely to his own country. Muslims are forbidden to hurt him in any way. When he is back in his own homeland, he is treated as one who belongs to the Household of War.
Given that the Constitution of Maldives ensures that all Maldivians are Muslims, those non-Muslims who live among us in Maldives would be Zimmis. Then the question that President has placed in front of us (assuming he does not know the answer) is that such people among us should be given freedom to practice their religion. The answer is the following:
 
Zimmis and Religious Practices
Muslims believe that the Zimmis are Mushrikun (polytheists) for they see the belief in the Trinity as belief in three gods. Islam is the only true religion, they claim. Therefore, to protect Muslims from corruption, especially against the unforgivable sin of shirk (polytheism), its practice is forbidden among Muslims, because it is considered the greatest abomination. When Christians practice it publicly, it becomes an enticement and exhortation to apostasy. It is significant here to notice that according to Muraghi, Zimmis and infidels are polytheists and therefore, must have the same treatment.According to Muslim jurists, the following legal ordinances must be enforced on Zimmis (Christians and Jews alike) who reside among Muslims:
 
Zimmis are not allowed to build new churches, temples, or synagogues. They are allowed to renovate old churches or houses of worship provided they do not allow to add any new construction. “Old churches” are those which existed prior to Islamic conquests and are included in a peace accord by Muslims. Construction of any church, temple, or synagogue in the Arab Peninsula (Saudi Arabia) is prohibited. It is the land of the Prophet and only Islam should prevail there. Yet, Muslims, if they wish, are permitted to demolish all non-Muslim houses of worship in any land they conquer. There are no churches or places of non-Muslim worship in Maldives, and therefore, they cannot be allowed to build new churches, temples or synagogues.
 
Zimmis are not allowed to pray or read their sacred books out loud at home or in churches, lest Muslims hear their prayers.
 
Zimmis are not allowed to print their religious books or sell them in public places and markets. They are allowed to publish and sell them among their own people, in their churches and temples.
 
Zimmis are not allowed to install the cross on their houses or churches since it is a symbol of infidelity.
 
Zimmis are not permitted to broadcast or display their ceremonial religious rituals on radio or television or to use the media or to publish any picture of their religious ceremonies in newspaper and magazines.
 
Zimmis are not allowed to congregate in the streets during their religious festivals; rather, each must quietly make his way to his church or temple.
 
Zimmis are not allowed to join the army unless there is indispensable need for them in which case they are not allowed to assume leadership positions but are considered mercenaries.