Title: Regarding Non-Muslims and the Shari`ah ... Question/Comments: In your response to Omar Sarwar's question (15 December 2001) on my initial question you replied: "In view of this, generally accepted fact, all citizens of a Muslim state shall be subject to the laws of that state." I understand the need for any citizen of any state to adhere to the public laws. This is obviously needed to maintain some sort of order in the land. However, I get the feeling that the question by the brother (Omar) was about whether or not an Islamic state can enforce parts of the Shari`ah which are not part of the 'public laws', e.g. marriage, divorce, inheritance etc. Would the non-Muslim have to adhere to these laws as well? According to A. Rahman I. Doi, "[T]he non-Muslim [and Muslim] will be subject to same Law...with the exception of their Personal Law in respect of marriages, divorce, inheritance, selling of wine, eating of pork and trading in it." [A.R.I. Doi, "Non-Muslim under Shari'ah (Islamic Law), Kazi Publications, Lahore: 1981, pp. 50-51] It is interesting to note the Scholar has actually quoted contrary to your opinion that all non-Muslims must adhere to the 'social norms' of the Muslim Society (that is that they are not to be allowed to consume alcohol and pork). He also cites the opinion of Hasan al-Basri, who, when questioned by the Caliph `Umar bin `Abd al-Aziz as to why non-Muslims were permitted to do so by the former Caliphs, replied: "You have only to follow what your predecessors did (according to the Shari'ah ). You are not to deviate or innovate." Jazaakallah in advance for answering my question. salaam `alaykum Razwan Answer: In my referred response, I had made an exception to my cited statement with the following words: The only exception that can reasonably be considered in this respect, is where a law of a Muslim state either restricts the religious freedom of any of the denominations that reside in it or requires them to do something or act in a certain manner, which is clearly prohibited in their religion Through this statement, I had actually implied that even in case of personal laws, if any religion prescribes a method for its followers, then those non-Muslims should be allowed the freedom to act upon that particular aspect of law in a manner which is in keeping with the directives of his/her religion. However, if, on the contrary, the individual is not prescribed by his/her religion to act in a particular manner in the particular case, then that non-Muslim creed may be subjected to the law of the land. Nevertheless, I would submit that in the stated cases, the legislature of a Muslim state may, through a decision based on mutual consultation, allow its non-Muslim citizens the freedom to act as they may deem fit. The issue, as should be clear, falls within the scope of laws, which are to be implemented through the Ijtehad and consultation of the collectivity. I hope this helps. Regards, Moiz Amjad January 8, 2002