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Islam forbids Muslims to kill any human being (unless for murder or creating mischief in the land), and regards it as killing of the whole of humankind (Al-Qur’an 5:32); more so killing a person who has been granted asylum is surely a greater sin.
Moreover, Islam requires Muslims in an Islamic state to give asylum and security to those non-Muslims who seek protection and to prevent any transgression or assault on anyone who has thus been granted asylum. People covered by such a Covenant have a right to protection of lives and properties. The Prophet (Pbuh) is reported to have said: “The asylum (pledge of protection) granted by any Muslim is one and the same, is to be secured and respected by all the other Muslims, and whoever betrays a Muslim in this respect (by violating the pledge) will incur the curse of Allah, the angels, and all the people, and Allah will not accept his compulsory or optional good deeds.” (Sahih Bukhari, Vol. 9, Hadith no. 403)
In yet another Hadith the Prophet (Pbuh) is reported to have said: “Whoever killed a person having a treaty with the Muslims, shall not smell the smell of Paradise though its smell is perceived from a distance of forty years.” (Sahih Bukhari, vol.4, Hadith no. 391)
Not only does Islam protect the lives of the people of Covenant but also grants protection to their properties. Khalid ibn Al-Walid (ra) reported that the messenger of Allah (Pbuh) said: “You must know that it is not lawful for you to take the property of the people of the Covenant unless it is (in payment) for something.” (Musnad-Ahmad, Vol. 4, p. 89)
The study of the History of Islam and the Muslims reveals many incidents that emphasise the rights given to non-Muslims. In the sixth year of Hijra, there was a peace treaty called as ‘The Treaty of Hudaibiyah’ between the Muslims of Madinah and the non-Muslims of Makkah, which was violated by the non-Muslims. A period of four months was given to these non-Muslims to make amends, or they were warned of declaration of war. Inspite of this declaration of war, in the scenario of war, the aspect of non-Muslims seeking asylum was not ignored. Allah revealed the following verse:
“If one amongst the pagans ask thee for asylum, grant it to him, so that he may hear the word of Allah; and then escort him to where he can be secure that is because they are men without knowledge.” [Al-Qur’an 9:6]
The Qur’an not only says that a non-Muslim seeking asylum during the battle should be granted refuge, but also that he should be escorted to a secure place. In the present international scenario, even a kind, peace-loving army General, during a battle, may let the enemy soldiers go free, if they want peace. But which army General will ever tell his soldiers, that if the enemy soldiers want peace during a battle, don’t just let them go free, but also escort them to a place of security?
Gustav LeBon says in the book ‘The Civilization of Arabs’, p.605:
“The Arabs could have easily been blinded by their first conquests, and committed the injustices that are usually committed by conquerors; they could have mistreated their defeated opponents or forced them to embrace their religion, which they wished to spread over all the world.
“But the Arabs avoided that. The early khalifahs, who had a political genius that was rare in proponents of new religions, realized that religions and systems are not imposed by force. So they treated the people of Syria, Egypt, Spain, and every country they took over with great kindness, as we have seen. They left their laws regulations and beliefs intact, and only imposed on them the Jizyah, which was paltry when compared to what they had been paying in taxes previously, in exchange for maintaining their security. The truth is that nations had never known conquerors more tolerant than the Muslims, or a religion more tolerant than Islam.”
(Also refer to ‘Religious Minorities: The Islamic Solution’, p. 54)
(Footnote: Jizyah is the tax that non-Muslims in an Islamic State have to pay the government in return for military protection and security against internal and external aggression)
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