THE CONTRACT BETWEEN THE KHALIFAH AND THE ZIMMIS:
We look into the contract between Muslims and zimmis under the Khilafah State.

The Reality on the Ground!

Before we start we must appreciate that their are four schools of thought on the subject of Usual and these are Maliki, Shafi, Humbalie and Abu Hanifah. A muslim must follow the mandab of one of these scholars or choose from one of these four. A Muslim is not to follow exclusively one of the schools only, however it is permissible for them to follow just one if they wish to do so.

The Malikis are very tough concerning the relationship between
the Muslims and the Zimmis and they see Zimmis as second class
citizens, according to Malikis they must work in different
places to where the Muslims work and travel on a different part
of the road where the animals walk. According to Malikis they
should also feel like animals or worse because Allah (swt)
describes them in the Qur'an as comparable to animals (in terms
of their misguidance). Ibn Hazim took this Ayah literally. Imam
Malik mentioned Al Masalih Al Mursalah in order to support his
opinion.

The Contract of Zimmah (Aqd Al Zimmah) between the Khalifah (or his representatives) and the Zimmis

The contract of zimmah has three pillars which are:

1. Al Aqidaan or the Two parties - whose conditions are
(i) The presence of the parties or their representatives and
(ii) The absence of divine preventions

2. Seighat al Aqd or The wording of contract i.e. The offer and Acceptance -
whose conditions are
(i) Clear wording related to the subject matter
(ii) The Presence during conduct of the two parties or their representatives
(iii) Matching the offer with the acceptance
(iv) The absence of any prevention

3. Al ma'qoud Alayh or The subject matter of the contract - whose conditions are
(i) The presence of the Goods
(ii) The specification of the goods or services
(iii) The absence of an defect
(iv) The nomination of the price or value

1. The Two parties
=======================
The first party is the Khalifah or one of his deputies and the
other party is the non-Muslim Zimmi. The non-Muslim can not have
representatives since they must represent themselves
individually, so a tribal leader cannot represent his tribe.
Allah (swt) says in the Qur'an: “whosoever comes to you to ask
for protection give him protection” this ayah is Aam i.e.
general and therefore any Muslim can give protection to anyone.

The Chapter of At-Taubah is the best reference on the topic of
Jizya. Here Allah (swt) says, “Kill the Arab Mushriks wherever
you meet them” [EMQ 9 : 5] and “if any one from the Mushrik who
comes to you and asks for refuge (security), give it to them.”
[EMQ 9 : 6]. In a hadith it is narrated that “the wife of Abu
Sufyan gave a person security and Rasoul Allah agreed to it”
therefore any person from overseas can get a visa from any
Muslim within the Islamic State. In another hadith a Kafir women
said I gave protection to my in law and he (saw) accepted it,
but the fuqaha differ as to whether a Zimmi can give protection
to another non-Muslim, for Imam Shafi they can do so except if
the person is Kafir Harbi i.e. from those at war with the
Islamic State. In [EMQ 9 : 6] Allah (swt) says “if anyone from
the Musrik asks for your protection (security and defence) give
them security in order to let them hear Islam (and see it
implemented)” therefore the purpose of this endeavour is to
invite them to Islam.

As far as Muslims or non Muslims not living with us, they do not
have citizenship. And everyone needs a permit to leave the state
but not to enter. The evidence for this is that no one could
leave Mecca without the permission of the Messenger Muhammad
(saw) and whosoever does so would violate his/her sanctity. The
Messenger Muhammad (saw) was the head of state at that time.
Hence a Zimmi must live permanently in Dar al Islam and either
he will be a resident when conquered or he can emigrate to Dar
al Islam.

The Muslim on the other hand is automatically a citizen. A
bedouin came a long way just to get security and the Messenger
Muhammad (saw) encouraged this and said “call those Muslims to
come from Dar Al Muhajiroun to Dar Al Ansar”. Imam Shaafi said
that “Whosoever came from outside saying that he is a Muslim he
must have witnesses from Dar Al Islam but the hadith said that
if someone comes to the mosque he is Muslim so we could see if
he attends or not." We ask for witnesses because the Messenger
Muhammad said “IF, you accept his Islam”. However the Messenger
Muhammad (saw) also said “Whosoever asks for refuge give it to
him”

The other party is therefore the Khalifah or his deputy and the
baya' given to him will be a baya ata'ah i.e. a baya' of
obedience such as “I make oath to give the Khalifah my
allegiance to listen and obey and will not rise against him"
This happened at the time of Rasoul Allah (saw) and Ibn Hazim
and Imam Zuhri said “most of those who gave bayah at ta'ah were
those who were the Muhajiroun from Mecca”

In addition the two parties or their representatives must be
Mature and sane as well as capable and be present at the same
place. The Khalifah will of course have thousands of
representatives who will ensure that the other party is not
Kafir Harbi or unsuitable in any other way for citizenship e.g.
if he does not want to obey the law of the land. Note that for
Malikis the two parties must also sit as they used to Madina
(because they follow Ijma Ahl Al Madina) however this is not a
condition but a habit like shaking hands when a deal is done.

The conditions of the two Parties

Allah (swt) says in the Qur'an to kill the Arab Mushrik wherever
we meet them and Muhammad (saw) said “Allah ordered me to fight
people until they say La Ilaha Illala” ( The ayah la ikraha fid-
Deen i.e. that there is no compulsion in religion is unrestricted but the above ayah puts a restriction on it as far as the arab mushrik are concerned. Ibn Abbas (ra) said that the above hadith only applies to the Arab Mushrik).

In the Musnad of Imam ahmad it is narrated that the Messenger
Muhammad (saw) said to the Sahabah when he sent them to
Mecca “you are going to go to people who are very tough against
Islam you will call them and they will either accept Islam or
you will kill them” Here the Messenger Muhammad (saw) was
talking about the Arab Mushriks. Hence the condition for us to accept anyone as a Zimmi is that they must not be:

1. Arab Mushriks - Shaafis Hanbalis and Sheikh Taqi agree that
   Arab Mushriks cannot be Zimmis because they are restricted by
   the text.
    
2. Murtad - The Murtad has no sanctity, he is a Muslim apostate.
   According to the Hadith collected in Bukhari, Nisai, Tirmidhi
   and Imam Ahmad the Messenger Muhammad (saw) said: “Whosoever changes his Deen kill him” Al -Mustadil is the one who replaces his Deen (and Mustadil Murtad is a Muslim who becomes Kafir). This is agreed upon by all schools of thought.
    
3. Saa'il or Current Rulers - many of our leaders such as King
   Fahd are Murtad and all are involved in killing and oppressing
   the Muslims. The Shari'ah makes it clear that these people will
   be killed as soon as we have an Islamic state and this will be
   the case even if they repent because they violated Allah's
   commands concerning dealing with the lives of the people. The
   present rulers, prime ministers, ambassadors, kings and
   executive bodies are known Islamically as Saa’il because they
   violate peoples lives and property. However the current Muftis
   and Judges do not fall into this category because they do not
   have the same authority

Note: Those who are Murtad by birth such as the Qadianis will be treated as Kufar because the Messenger Muhammad (saw) said “when you meet the enemy first call them to Islam and if they do not accept then ask them to pay Jizyah”.

2. The offer and acceptance
===============================
The offer and acceptance has the following conditions:

1. That the wording must be in the past Tense.
2. That the wording contains protection in return for the
acceptance of Zimmah.
3. That there must be no Shari'ah preventions.
The wording will include obeying the law of the land in return
for protection and security
3.The Subject Matter

The contract or security is permanent or until the day of
Judgment i.e. it is Aqd ul Muabad or a contract without a time
limit whether we have an Islamic State or not since it is up to
the Muslims and not the duty of the Kuffar living with us to
implement the Shari'ah. The Messenger Muhammad (saw) said “do
not dishonour me with Aqd Zhimmi, they have Zimmah until the day
of judgement”. Therefore all the fuqaha agree that the contract
of Zimmah has no time limit. The problem is that after 1924
there has been no Khalifah to fulfil their rights. The Jihaadis
say that they are Kafar harbi i.e. at war with us! But they
can’t so without the presence of the State to define them as
such. The contract therefore applies even to the progeny of the
Zhimmi.

The Fuquha have listed many Rights and Obligations concerning
the Zimmi, amongst those who have discussed this issue are Imam
Mawardi and Imam Ibn Qudama Maqdisi who counted many of them.
Acording to Imam Ibnu Qayum “The people of zimmah agree that
they will obey the Islamic rules in any matter even in a matter
to do with their own Deen and that they will pay Jizyah and in
return we will give them citizenship”. Imam Ibnu Qayum explains
that they obey the law of the land and pay Jizya and in return
they get citizenship. In fact the Zimmis have similar rights to
those of the Muslims. However there is some disagreement on the
Rights and Duties of the Zimmis according to the different
scholars but the five agreed rights and duties are listed below.
In chapter Al Tawba Allah (swt) says “fight them until they pay
Jizyah”. The Hanafis say that this is a form of humiliation for
them however Shaafis say that this is merely submission to the
law of the land. Imam Shaafi's opinion seems the stronger one
since Omar (ra) did not accept the collector to sit and collect
Jizya rather he said “Go and collect it” and in the court Ali
(ra) did not accept a Zimmi Jew to be treated differently
concerning a dispute over his shield. What is clear however is
that this is a very serious and sensitive topic since it deals
with the life and wealth of the people.

Undisputed Rights and Obligations Of Zimmis
==============================================

Commitment to the contract

This has two areas, the law and Jizyah. They must obey Islamic
law, there is however recognition of some aspects of their Deen
which do not manifest themselves in public life. They must all
pay Jizya except for women, children, the elderly, priests and
the disabled.

Payment of Jizya

Imam Zuhayli (a contemporary scholar) said that it is obligatory
for Jizya to be paid by every man who is mature, sane and free
from any disability, not priest nor old (only Imam Shaafi
disagrees with this from the classic schools of thought who said
that man can only become exempt when he becomes weak or
incapable of defending himself but not someone with only a
permanent sickness.) Note: Orientalist writers have written
extensively on how Christians had to pay Jizya and Kharaj during
the Islamic State.
However if we can’t protect the Zhimmi we can’t take Jizyah from
them, hence if we are under attack we will delay collecting
Jizyah because security is their right in return for the payment
of Jizyah. The Khalifah Omar Bin Abdul Aziz sent an army to
return the wealth of the Zimmis and he didn’t take any Jizyah
until their security and protection was established.

To refrain from what harms the Muslims

The Zhimmi must refrain from anything that harms the Muslims
whether in their life or health. The Zhimmis must not beat the
Muslims or steal from them. In return we cannot harm the Zhimmis
or steal from them. Neither can beat or swear at or exploit the
other.

The avoidance of anything that humiliates
Islam or the Muslims

The Zhimmis cannot humiliate Islam or the Muslims or anything
that is related to these. They cannot say 'Allah is stingy' for
example. The state may define a punishment for them and they
will be required to apologise publicly because they violated the
treaty. And the Zimmis cannot spy or deceive Muslims or they
will lose their Zimmah since this a matter of national security.
The Zimmis must not swear against any Prophet or Islamic rules
or Muslims. Ubaiy Ibn Ashraf was killed because he was swearing
at the Messenger Muhammad (saw). If a Kafir does this he can
escape being killing only if he becomes a Muslim whereas a
Muslim will be killed either way, even if he repents such as
Salman Rushdie because the Messenger Muhammad (saw)
said “Whoever swears at me kill him”

Hence the one who swears against Allah will be punished Ta'zir
whereas the one that swears at Muhammad (saw) will be killed. In
The time of Muhammad (saw) a jew said that Allah is stingy and
doesn’t give a lot but takes a lot. Abu Bakr (ra) punched him in
the face and the said that he didn’t think he was stingy anymore
to which the Messenger Muhammad (saw) agreed. Muslims on the
other hand can swear at the idols but if it is likely to lead
others to curse Allah or his Messengers it becomes haram since
whatever leads to haram is itself haram. Note: In addition in
Islam you are not allowed to swear against the cockerel or a
tree or even a rock.

Obligation to refrain from munkar in public areas

The Zimmis will be obliged to refrain from munkar in public areas
The Zimmis will be obliged to refrain from Munkar in the public
places, they will not be able to do anything against the
Shari'ah publicly e.g. to drink alcohol or to eat pork etc…
Although the Zimmis will not be obliged to stop the Munkar with
their hands they must call the police if they see it. In
addition they will not be allowed to show their crosses or ring
their Bells publicly since it is symbolic of their kufr
sovereignty and against the sovereignty of Islam.

Distinction of the Zimmi

The Zimmi must be distinguished by certain signs to know that
they are citizens but not Muslims. It is narrated in a Hadith
that the Messenger Muhammad

The Zimmi must be distinguished by certain signs to know that
they are citizens but not Muslims. It is narrated in a Hadith
that the Messenger Muhammad (saw) said “Allah (swt)
distinguished you from non Muslims, do not look like them or let
them look like you”. The distinction is a matter of flexibility
for the Khalifah, in the Awami era it was a special belt, in the
Abassid era it was an arm band and in the Othmani era it was a
blue turban (with a red turban for the Muslims). Nowadays the
way they are distinguished from us could be by ID cards or
through finger prints or we could issue scarves and a khimar to
Kufaar that are a certain colour. Note: In Islam we do not have
many different uniforms such as that of nuns, doctors, priests,
we only distinguish between Muslims and Kufaar. The Khalifah
will need to adopt something.

The distinction between Muslims and the Kufaar is in the area of
citizenship i.e. in rights or huquuq and not one of appearance
but in addition we are required to be able to distinguish
ourselves from them. The evidence for this distinction in the
Islamic state is the above hadith and the hadith Maoquf narrated
from Omar (ra) that “Allah ordered us to treat the Zimmi with
justice and to distinguish ourselves from them and this is what
the Messenger Muhammad told us”.
Hence Muslims distinguish between themselves and the Kufaar in
their Aqeedah all the time and in their appearance when there is
Dar al Islam.

The Disputed Obligations and Duties of Zimmis
===============================================

To receive Muslims as guests

According to some fuqaha the Zhimmis are obliged to receive
Muslims as guests for three days when they are travellers (one
day being the minimum). The Muslims should accept Zhimis as
guests as well according to Hanafis and Malikis but Shaafis and
Hanbalis disagree. The Hanafis and Malikis say that they can
accept Zimmis because Muslims usually build guest houses as part
of their houses. Imam Shaafi said that the trustworthy Muslim
will not ask the Kufar to be a guest at his house because it
would be oppression on them. The stronger opinion therefore is
that the right of the Guest is only between the Muslims, Muslims
are obliged to give Muslims the right to stay as guests and this
is not for the Khalifah to decide but a matter of divine right
(however the guest must be a traveller). There is no obligation
on the Kufar but if the Khalifah does adopt this opinion the
Zimmis must obey him as part of their treaty.

10 % Export Tax

In the Abbasid era the Zimmis paid 10 % of what they traded
outside the state (i.e. an import /export tax). The stronger
opinion however is that the Zhimmis are not obliged to do so
because they have the same rights as any other citizen. In a
Hadith collected by Bayhaqi it is reported that the Messenger
Muhammad (saw) said “The one who takes one tenth from the people
is not one of us” because the Kufar used to charge outside
traders 10% and this hadith forbade this practice. However
Shaafis and some Hanafis follow this opinion. The Messenger
Mohammed (saw) however did charge traders 10% in response to the
situation in their own countries and He (saw) did it only after
they did it to the Muslims, therefore if they do not initiate it
we cannot do it and this emanates from the principle of trading
with people equally. Hence Imam Malik and Imam Ahmed Ibn Hanbal
are correct here in not charging Zimmis 10% of their trade
automatically.

In any case the Abbasids made a mistake and charged the citizens
100th as opposed to 10th. In his time Omar (ra) said “Do not
take 100th of the trade and oppress the Zimmi” Some even took as
much as ¼ in order to make them become Muslim by Al Masalih al
Mursalah. But the Messenger Muhammad (saw) said “Allah did not
send me as a tax collector but as a man who carries dawa and
guides the people” and when the Kufaar came to him Allah (swt)
revealed “Judge and rule by whatever Allah has revealed”
therefore we must judge by Islam even upon the non Muslims i.e.
treat them equally as far as tax is concerned unless there is
evidence to suggest otherwise as in the case of Jizya.

The building and repair of Churches

According to some scholars Zimmis are not allowed to build or to
repair churches or places of worship. Some say they are not to
repair churches or to build them where many Muslims populate.
The stronger opinion however is that the Zimmis are allowed to
build churches. The argument against the construction and repair
of churches relies on the Al Masalih Al Mursala i.e. unmentioned
public interest. But Omar (ra) allowed the Kafur to repair their
churches. However they will not be able to have signs of Kufr
(i.e. to do with their belief) in public because there is hadith
to prohibit this. The third Khalifah Othman (ra) even let them
build churchs in the Islamic State in Cyprus and Greece. Imam
Shaafi says that there is no evidence to prevent them against
which the Hanafis use Istihsan i.e. juristic preference. But
where is the evidence to prevent them! Rather there is evidence
that they were allowed to build them and repair them from the
era of the Khulafah Ar Rashidah. Mohammed Al Fateh let them
build churches even at the time of Ibn Hazim Andalousi and he
did not speak up against it. Those that say it is not allowed
have a rational argument for the Deen to be dominant and not to
let them spread too much but in answer to this we there is
nothing to restrict the construction of churches to a certain
number by the Khalifah.

It is narrated in Baihaqi that the Messenger Muhammad (saw)
said: “Do not participate in building their churches” hence
people take this to say we can limit the number of churches they
can build and they can maintain the old ones. The strongest
opinion is that they can maintain old churches but not build new
ones. We can allow them to construct or repair churches but the
Muslims will not sell them stones to do so. What they do on
their own land however will generally be allowed.

Imam Malik wanted them to finish slowly without harming them (by
restricting the growth of Churches) so that they become Muslims
or die out. Sheikh Taqi believed that the Khalifah has the right
to let them build or repair churches and according to Imam Sibqi
(another Shaafi scholar) and Imam Uzai they can build churches.

Riding expensive horses or mules

According to Ibn Hazim the Zimmis must not ride horses or
expensive mules or unique donkeys in order to distinguish them
from us. This is unacceptable however the opinion was also
mentioned by Imam Malik because they say it will give them
dignity and pride and for their interest they should feel
humiliated without humiliating them directly. However the
Messenger Muhammad (saw) said “whatever harms a Zimmi harms
Rasool Allah” and this constitutes a general rule which would
prevent this. Moreover 'Saghar’ in the Arabic language doesn’t
just mean humiliation but also submission which we can enforce
without harming them?

The use of highways

According to some fuqaha the Zimmis must be prevented from using
highways and should only use the smaller side streets. However
again this is unacceptable which has been made clear in the
letter of Abu Yussuf in his address to the Amir Al Mu’mineen.
Abu Yusuf said “Oh Ami

According to some fuqaha the Zimmis must be prevented from using
highways and should only use the smaller side streets. However
again this is unacceptable which has been made clear in the
letter of Abu Yussuf in his address to the Amir Al Mu’mineen.
Abu Yusuf said “Oh Amir Al Mu’mineen remember that Messenger
Muhammad (saw) said “If anyone oppresses a Zimmi or requests him
anything above his limit then I will be the plaintiff against
him on the day of judgement”.

Sleeping in their churches

Some fuqaha say that the Zimmis shouldn’t prevent Muslims from
sleeping in their churches in the day or at night or whenever
there is a need. However this is not acceptable although
Malikis, Hanbalis and Hanafis agree on this. Imam Shaafi
disagrees and this is the strongest opinion because it would
cause hardship or harm to the Zimmis which is unacceptable.
Churches and synagogues are places of worship and this will
cause fitnah in their deen. We should take the example of Omar
al Farouq (ra) who said that it is allowed to pray in the church
but he didn’t do so because he did not want it to become Sunnah
and seen as more rewardable. Malikis on the other believe
churches should be open 24hrs for the Muslims. Islam however
recognises the sanctity of the church and we are not allowed to
destroy them.

They should not have Muslims serving them.

Respect for Muslims is by not beating them or swearing at them
or exploiting them but not by not serving them since Muslims can
work for the Kufaar and vice versa. The Messenger Muhammad (saw)
permitted the sahabah working for the Kufaar. Imam Ali (ra)
worked in the garden of a Jew and even Abu Bakr (ra) worked for
a Jew. However all fuqaha agree that a Zimmi cannot have a
Muslim as a slave. What if a Slave becomes Muslim, can he be
bought by a Zimmi or kept as a salve? The fuqaha differ, but
this area is understandable unlike employment which is different.

The Rights of The people of Zimmah
===================================
The Zimmis have many Haquq similar to the Muslims and sometimes
they have extra Haquq that are different from ours e.g. if the
enemy hurts them we pay them compensation because we didn’t
protect them. The Zimmi have similar rights to us and can for
example use certain land for their own benefit if it remains un-
used for 3 years. They will not however need to do national
service. In addition since the Messenger Muhammad (saw)
said “whoever deceives a Zimmi deceives me” if you kill Zimmi
you will be killed and if you steal from one your hand will be
cut by higher analogy (Qiyas A'la) because life is worth more.
For Imam Shaafi blood money is payable if a Zimmi is killed and
the Muslim's life is not taken but we do cut his hand if valid
wealth (i.e. Mal Mutaqawwam and not alcohol or pork etc…) is
stolen.

In the time of Khulafa Rashidah the Zimmi lived separately from
the Muslims and even traded separately.
In the time of Omar (ra) he passed by a man who was begging and
Omar (ra) asked him “from which type of people are you?”, “Im
jewish" he replied and added “I beg in order to pay the Jizyah,
to survive and because I can’t work since I’m so old." Omar took
him to his house, fed him and he called the finance minister and
said “look at him, Allah will curse us because we did not do
justice to him. We ate from him as a young man and left him now
that he's old. The sadaqah is for the poor and misqeen. The poor
are Muslims and the Miqeen are people of the book. Do not charge
Jizya to anyone old or incapable and spend for them from the
Bait al Maal." The sahabah agreed with him hence it became Ijma.
Old age is usually about 60 but according to Imam Shaafi it may
not be old even if he is 100 as long as he is still strong!
However the Zimmi will lose his Citizenship if any of the
following occur:

1 He becomes Muslim
2 He Leaves Dar al Islam or
3 He refuses to pay jizya.

In addition if the Zimmi joins the Muslim army we do not take
Jizya from them and Hanafis, most Shaafis, Malikis, Imam
Shaybani and Abu Yusuf agree on this. Omar (ra) ordered his
governors on this basis. However Ahmad Bin Hanbal says we take
Jizya even if they fight.
Unike the Zimmi the Mustaminn is not a citizen of the state but
after one year he can become citizen and if he leaves he will
lose citizenship.
In the Ahkam Al Sultaniyyah of Imam Mawardi it is reported upon
the authority of Nafi Ibn Omar that Abdullah Ibn Omar (ra)
said “The last thing that the prophet (saw) said before he died
was “Honour me with the people of covenant”, and the Messenger
Muhammad (saw) did not restrict the Zimmis only to Dar Al Islam
although we can not ensure all their rights and duties are
fulfilled without the Islamic State.
Imam Mawardi said that the people of covenant have two
fundamental rights:
1 Al Kaffu Anham - that they have secure from any attack whether
physical or verbal.
2 Al Himaya tu lahum - that they be protected from attack
We should however note that the conditions of the treaty between
the Zimmis and the Khalifah are a matter of decision for the
Khalifah and in certain areas we can have Shart ju’li (i.e. man
made conditions) but other conditions are unchangeable.
Therefore the Khalifah could adopt that the Kuffar cannot build
churchs depending on the opinion he adopts. Many decisions of
previous Khulafah were based on Istihsaan and Al Masalih Al
Mursalah.
In Kitab Al Kharaj Abu Yusuf, a student of Imam Abu Hanafah,
wrote in his letter to Haroun Al Rashid, the then
Khalifah: “Remember to treat kindly the people of the covenant
of the Messenger Mohammed (saw) and that means not to oppress
them or to allow anyone to oppress them and not hurt them and
not to allow anyone to hurt them and not to request from them
anything over their limit”

Mulhakat Al Aqd or The Supplimentary Conditions
==================================================
The supplements of the contract will not invalidate the contract
and these are the following
1 The time limit
2 The witnesses
3 Guardianship
4 Promises
5 Other supplimentary conditions

Unlike the time limit of the conditions of the pillar this time
limit of the suppliments applies until the day of judgment even
if one passes away and there is no Dar al Islam.

As far as leaving Dar al Islam or to coming into Dar al Islam is
concerned people only need exit permission and not permission
for entrance. The one entering will get exit permission from
whichever country he is coming from and can be a visitor in the
state for less than a year ( after 1 year he will be given
citizenship). In Surah Al Tauba Allah (swt) says “Let them enter
and witness Islam (i.e. invite them to it)" and elsewhere Allah
(swt) says "if you kill Muslims living amongst kafir by mistake
there is no blood money” hence the problem is not people coming
into the state but people leaving it.
Hence if someone asks us for refuge from the Kufaar a visa will
be granted and he will be called mustaminn i.e. a kafir who
enters Muslim land with a special permission for protection.
Every individual who leaves the state to go to an area which the
Khalifah has an agreement must be treated well (as if he is Amir
Al-Mu’mineen i.e. as if the contract was made with him). The
state will give permission to the best daies to leave Dar al
Islam

Hence if someone asks us for refuge from the Kufaar a visa will
be granted and he will be called mustaminn i.e. a kafir who
enters Muslim land with a special permission for protection.
Every individual who leaves the state to go to an area which the
Khalifah has an agreement must be treated well (as if he is Amir
Al-Mu’mineen i.e. as if the contract was made with him). The
state will give permission to the best daies to leave Dar al
Islam and they will represent us.

If the state is established anywhere in the world the leader
will give other Muslim leaders an ultimatum (as abu Bakr Sidique
(ra) did i.e. either accept or we will fight you as Baghi. But
some people must be killed anyway like when the Messenger
Muhammad (saw) entered Mecca he said "kill 4 people when you
enter Mecca even if they are holding onto the Kabah" In the
Hadith of Buraida it is narrated that the Messenger Muhammad
(saw) said “If they came from Dar ul harb (al-Muhajireen) to Dar
ul Islam they will be protected otherwise they will be treated
like everyone else.

Source: THE CULTURAL COMMITTEE OF AL-MUHAJIROUN

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