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Therefore, one cannot say the idea of citizenship is a new concept, which did not exist before, in its current meaning. This is not correct.
2. The fact that the West considers the criteria of birth and marriage for granting citizenship does not change the reality of citizenship, because it is a result of residing in the country or a Dar (land). It is acquired by the way mentioned and by other means. But residence is the basis of citizenship. That is why such criteria have no consideration or effect on the reality of citizenship, and nor they have an effect on the ahkaam that result from citizenship.
3. Their saying: "The old world did not know something called international law or diplomatic relations, which oblige every state to protect the citizens of other states residing in its lands and treating them the same was as the original citizens are treated" is a statement that contradicts with the facts and history of Islam. This is because - the principle of: 'compliance with the covenant and observance of (good) neighbourhood' dominated the 'old world', as they call it. This principle was known and used by the Arabs in Jahiliyyah and others like the Abyssinians. The best illustration of this is the example of interaction of the Najashi with the Muhajireen.
As for Islam, it has legislated the principle of al-'ahd wal-jiwaar. It has explained this principle in a manner that befits its position and legislated rules for citizenship and tabi'iyyah. It has laid down its details and rules. The proof for this is many of texts in the Quran and the Sunnah and the practical examples of its implementation in the Islamic society throughout history. It was narrated from the Messenger of Allah (saw) that he said: "The one who oppresses a person under (our) covenant or degrades him, gives him work beyond his ability or takes something from him without right, I shall be a complainant against him on the Day of Judgement." [Reported by Abu Dawud and al-Bayhaqi] And the following was mentioned in the constitution of Madinah: "Anyone from the Jews who comes under our authority he shall have our support and good example (of treatment)....And the Jews of Bani 'Awf are a community with the believers." Ibn Janjawayh reported in Kitab al-Amwal that "Umar saw an old man begging from the people of Zimmah so he said: what is the matter? The man said: I have no money and the Jizya is taken from me. Umar replied: we have not treated you fairly. We have eaten your shaybah (old age) and then we take Jizya from you. Umar then wrote to his Amileen (governors) instructing them not to take Jizya from the elderly."
4. The view regarding the right of citizenship cannot serve as a justification for participation in the political life or for anything else. This is because citizenship is, in reality, an attribute of the one who shares a place of residence with others. Even though it requires that the Muslim naturally submits to the rules and laws of that place, it can not, however, judge over the Shariah or restrict its absolute (mutlaq) text, specify its general ('amm) text, or clarify its ambivalent (mujmal) text etc. If participation in kufr is allowed, for example, because of the right of citizenship, then it would be allowed to fight the Muslim based on the same right, which is false.
Making citizenship a justification means making citizenship a source of legislation, which permits the Haraam and forbids the halal. This contradicts Islam completely.
[Extracted from the book ‘Fiqh al Aqaliyaat (Fiqh of Minorities) - A Jurisprudence to Assimilation’ by Asif Khan]
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