Harmony between Minority Rights and Shariah in Multicultural Islamic States

Abstract

The academic and practical importance of minority rights within multicultural Islamic states is a subject of considerable importance. As diversity increases in many Muslim majority countries, the question of how to reconcile the rights of non-Muslim minorities with the principles of Islamic Sharia becomes more urgent. Generally speaking, the rights of non-Muslims living under Muslim rule (literally dhimmis) were protected by Islamic law, as derived from the Quran, Sunnah and juristic interpretations. To enjoy these protections was the right to religious freedom, personal law, security of life and property and exemption from military service. This abstract investigates how minority rights can be accommodated by Islamic jurisprudence and how these principles can be reconciled with contemporary conceptions of human rights within multicultural societies. Examples of early Islamic governance such as during the time of the Islamic Prophet Muhammad ﷺ and the Rashidun Caliphate which displays Muslims coexisting and respecting each other with non-Muslims, are presented in the study. It also explores how modern legal challenges can be reconciled with and a framework for incorporating Shariah principles within international norms of minority rights offered without the sacrifice of either. This research analyses classical Islamic legal sources and modern constitutional practices in Muslim countries to show that there may exist an inclusive Islamic governance model that takes diversity and justice seriously. The paper finally points out that the protection and dignity of all citizens could genuinely be catered for by a genuine implementation of Islamic values.

Keywords: Minority Rights, Shariah, Multiculturalism, Islamic State, Religious Freedom, Dhimmi, Human Rights in Islam