Slavery does not exist today and a future Caliphate would not attempt to re-introduce it as some misguided people have claimed. Prophet Muhammad ﷺ came to free human beings from slavery to other human beings, to becoming slaves of Allah alone. The Prophet ﷺ said: “Whichever man frees a Muslim man, Allah ta’ala will liberate for each of his organ an organ from the Fire” (Agreed Upon).
We have taken up this issue for the purpose of presenting the point of view of Ash-Sheikh Muhammad Abi Zahrah (Rahimahullah) in regards to generalising or extending the Fareedah (obligation) of Az-Zakaah upon non-Muslims in the same way that it is obligatory upon Muslims. This is as a substitute for the Jizyah that is obligatory upon them.
Before I respond to this question it is necessary to mention the consequences of some hasty answers to this subject. These answers can lead to dangerous or serious ramifications that cause Muslims problems that they are not ready to face at the present time. I say: Those who give Shar’iyah Fatawaa (verdicts) in relation to the Ahlu-dh-Dhimmah today and even those who take up arms towards the Muslims, are obliged to the think on the consequences of giving hasty answers. They must think long and hard about the present reality and think long and hard about the Nusoos (texts) that relate to our current time and the compatibility of these texts upon the reality that we are suffering. The Fatwaa (verdict) follows this process and then the issuing of the Hukm.
In answer to this they remain upon the status of being Ahlu-dh-Dhimmah even if the Islamic State is no longer present and there is no Imaam for the Muslims in existence. This is because the ‘Aqd (contract) of the Dhimmah that was contracted with their predecessors is a permanent contract that applies upon them and those that came after them as long as a Dhimmi remains and however much time passes.
The definition of Ahlu-dh-Dhimmah Ibn ul-Qayyim defined the Ahlu-dh-Dhimmah in his presentation of the different categories of Kuffaar (disbelievers) just as he defined each of those who have an ‘Ahd (covenant) from amongst the disbelievers and this was so as to distinguish the Ahlu-dh-Dhimmah from other than them. He said:
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّـهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنكُمْ ۖ فَإِن تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّـهِ وَالرَّسُولِ إِن كُنتُمْ تُؤْمِنُونَ بِاللَّـهِ وَالْيَوْمِ الْآخِرِ ۚ ذَٰلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلًا “O you who have believed, obey Allah and obey the Messenger and those in authority among you. And if you disagree over anything, refer it to Allah and the Messenger, if you should believe in Allah and the Last Day. That is the best [way] and best in result.” (An-Nisaa, 4:59)
The Caliphate’s judiciary is responsible for issuing judgments that are enforced by the state. It settles disputes between people, prevents whatever may harm the rights of the community and also settles disputes between people and any person who is part of the government whether this is the Caliph, his cabinet, civil servants or any other official.1