Can the Islamic State punish a non-Muslim citizen who commits offense against a Muslim? For example if a non-Muslim citizen steals a Muslim’s property, will the culprit’s hand be cut? Or if a non-Muslim citizen commits adultery with a Muslim citizen, will the non-Muslim culprit be sentenced to death (rajam) along with the Muslim culprit?
Answer
Salam
The shari’ah is silent on this issue.
In this regard, both ways can be adopted depending upon the terms of citizenship concluded with the non-Muslim minority: A Muslim state can enforce Islamic punishments on the non-Muslims citizens, and it can give them the leverage to follow their own code in a particular matter.
The bottom line is that non-Muslims citizens are not necessarily bound to face the punishments prescribed by the Islamic shari’ah.
Dr Shehzad Saleem (Urdu: شہزاد سلیم ), born in 1966, is an Islamic researcher. He has a Bachelors in Electrical Engineering from UET Lahore, Pakistan and holds a Ph.D. in the History of the Quran from the University of Wales, UK.
Dr Shehzad Saleem studied religion under the tutelage of Javed Ahmad Ghamidi. He remained Associate Fellow from 1992-2008 and Fellow from 2008 till date of Al-Mawrid, A Foundation for Islamic Research and Education, Lahore, Pakistan (www.al-mawrid.org).
Dr Shehzad Saleem has authored books on Islam, Quran, Hadith and Character Building. He has also translated some works of famous Islamic scholars and exegetes Amin Ahsan Islahi and Javed Ahmad Ghamidi into English.