Laws in Islam
I remembered that few months ago a friend wanted to talk to me urgently through my messenger. So, I met her to see what the big deal is. She told me that a friend,, a non-Muslim friend challenging her in a case in Islam about "Dhimma" or "people of Dhimma". She asked me to help her,,, well, I'm not an expert to help her or to give her a sufficient answer that satisfy her friend. But, I tried my best to see and answer her as a Muslim a normal Muslim. Finally, I gave her an advice that if her friend seeking an answer just for knowledge, it will be fine, otherwise he will not be satisfied no matter what she did for him.
Anyway, I want here to talk first about rules/laws in Islam in my point of view of course.
As I see and as I studied in school that the source of our rules and legislation "Sharee'a" comes from different sources:
First: The Holy Quran ,
, which means if the scholars and scientists couldn't find a base for a new rule/law, they can get together and put a new one by unanimous vote.
Also, there are other categories under these, but these are the main ones.
This is establish and show that rules in Islam are flexible and not rigorous or can't be changed. Each time has its own rules and laws; each community can find and make what finds it necessary for their lives and their time and place. This can called Fatwa, and Fatwa is not to create mess and create extremists, it's to make life easy for ordinary people and organize the society to be in the right direction and find no problems in their lives.
Yes, unfortunately, there are some irresponsible people who issue such ridiculous Fatwa which have no meanings or use except creating such mess for nothing and have no related to essence of Islam.
From the previous, I believe that some rules or "pacts" happened in the early time of Islam has no longer use. It is something can be discussed through different perspectives. Islam needed at that time to create pacts with other groups and non-Muslims, so each one will know his rights and duties as one community living together peacefully, but it should be clear to you that there was no aggression against anyone. It was so clear in Islam that it's not allowed to kill any person who is not a soldier or someone threats your life, it is not allowed to destroy buildings or houses, , it is not allowed to destroy a monastery or place of worship or hurt monks or priests, it is not allowed even to plucking out trees.
So, how can I believe in the opposite or something against this basic rule?
Besides, Omar prayed beside a church in Palestine and not inside it,,
Just to not give other people a reason to touch or change that church and say: Omar prayed inside it, so it must turn into a mosque.
So, how can such person thinks in such way will made unfair pact????
I don't know that much about "pact of Omar", but I have great belief that he was strong man with great faith and just inside his heart. Yet, No one is perfect,,, and I can't tell that much about this story, it's a historical event, yes could be right, but with not fully true details.
Again, as I said to a dear one lately, I don't read that much now, I'm not following all news and stories,,, my new commitment makes me busy all the time, but I'm trying my best to keep in touch with all of my dear friends.
Sorry, if I didn't give you a clear idea about it,, it needs a very deep study first, but as I said there are some rules or events happened during specific time and not longer use,, it ended with the end of its situations and times.
Maybe if someone has better information than me can help us both and clarify this topic more.
I forgot to add very important point about the idea of "Protection" or "The protected person". This term is very old one; it existed long before Islam in Arabic region. People at that time used to give their protection to anyone need their help, their powerful authority or tribe. This was so common thing in that time.
I remember once in a story about Muslims in their early time when they were few, weak and powerless, many of them were poor people or slaves who had no power or tribe to protect them from wronging of others. One of them "I can't remember who" was poor and powerless, so he went to a well-known man at that time who had power and authority and asked him to protect him. So, that rich man went out and declared that this Muslim under his protection, so no one has the right to hurt him in any way. The poor Muslim became in the safe side, he can go out and fear no wrong or aggression from others. He wasn't happy though, he saw other helpless Muslims being insult and beat by non-Muslims,, he felt so bad that he asked a human being to protect him and didn't ask GOD first. So, he made up his mind and went to that rich man and thanked him for the protection and said: thank you for your hospitality and protection, but I don't need any protection from anyone,, so please announce this. The rich man wasn't really convinced that someone in this Muslim position will think to face such hostility by himself without protection. Anyhow, he did announce to others that this Muslim man is not under his protection. The Muslim was happy that he is not under any human protection and only seek God protection and care. So, when he went out in the street, he was a new target and someone hit him and injured his eye. When the rich man knew that, he said: see what happened to you now? If you were under my protection, nothing of this will happen,,, the Muslim replied confidently: no, I'm more happy now, my other eye truly wishes to face same thing in the sake of God.