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     Islam does not consider religious belief to consist of dogmatic knowledge or a conviction whose function ends with a confession. For this reason, it envisages the recognition of freedom of religion with all its expansions.

There are no restrictions on the right of individuals to express their beliefs in different ways, practice their faith, and worship individually or collectively.

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     In addition, non-Muslims have the right to proclaim their faith and use religious symbols. In the covenant that Khalid bin Walid, one of the Companions of the Prophet Muhammad (PBUH), made with the people of Hira, has been noted the following:

     - None of the temples, churches, and sanctuaries they took refuge in during the enemy attack would be destroyed.

     - They will not be prevented from ringing their bells and wearing up their crosses during their holydays.[1]

     Islam also guarantees the collective dimension of religious freedom. In this dimension, there are freedoms of each religion and sect to express themselves in different ways, bring their demands to the public sphere, discuss, make a statement, and invite and broadcast. The rights of Muslims to criticize other religions will be granted to non-Muslims in terms of criticism of Islam, provided that they remain at the level of thought and not insult or provoke. The 61st verse of Al-i Imran was revealed in the discussion of the Christian Najran delegation with the Prophet of Islam about tawhid and the nature of Jesus (PBUH).[2] In this regard, the function of political power is to ensure that members of various sects and religions do not put pressure on other communities and do not violate the law while criticizing others.[3]

     The freedom of non-Muslims to assemble, think, learn about their own religion, and primarily teach their children is not clearly and directly expressed in the two primary sources of Islam. However, all these activities have always been seen within the scope of religious freedom in the Muslim mentality. Since the state provides no compulsory education in the Muslim tradition, religious education is a fundamental right that has not been subject to restrictions. The Jews had an educational institution called 'Baytu'l-Midras (beth midrash ; בית מדרש)' on Madina during the time of The Prophet.[4] It can be called Baytu'l-Midras, the first example of non-Muslims establishing institutions to provide religious education for their children.

In Islam, a certain autonomy is given to religious communities, and their temples and clergy are not interfered with. Muslims' tolerance in this context is embodied in the exemplary life of the Prophet. Muhammad (PBUH). As a result of a need, the Prophet Muhammad allowed the Christian Najran delegation to perform their prayer in the Prophet's Mosque.[5] Throughout history, it has been seen that both a mosque and a church are located in the same neighborhood in Islamic countries. In the treaty that the Messenger of Allah (PBUH) made with the Christian people of Najran, it was recorded that their current status and rights would be protected and that no one from the clergy would be changed or removed from their current position.[6]

Another consequence of the autonomy that Islam gives to different religious and ethnic groups is that the dispositions and transactions permitted by their religions are considered valid, even if they are contrary to the requirements of Islam.

In the Islamic civilization, one of the guarantees of religious freedom and social pluralism has been poly-legality exclusive to private life and legal autonomy. Non-Muslim citizens, in the traditional understanding, are the same as Muslims in matters concerning public order, except for the religious obligations, private life, and family law to which Muslims are bound. In other words, there is judicial autonomy for non-Muslims in matters.  (Such as civil and personal law, family law, and inheritance law directly related to religious belief.

     The basis of the understanding of legal autonomy exclusive to the field of Personal status is that subjecting people to regulations contrary to their beliefs in matters directly related to their beliefs will restrict their freedom of religion. According to Imam Malik, an agreement (of the dhimma/guarantee) was made with them to leave them alone with their own beliefs and cultures. Their freedoms include every item of their belief and culture; interference in this means compulsion in religion.[7] Therefore, non-Muslims can act according to the necessities of their religion and preserve their cultural characteristics in matters such as marriage, divorce, alimony, and inheritance, which are called personal status (ahval-i shahsiyyah). However, in this matter, it is necessary to act following the concept of maruf to not cause a social conflict.[8]

     The limit of legal autonomy is also freedom of religion. This means that autonomy, religious or ethnic identity should not come to the point of ignoring the freedoms of the individual. Because this autonomy, with all its requirements, is aimed at securing freedom of religion. For this reason, it cannot reach a dimension that violates individuals' rights and interferes with their private life. For example, people belonging to communities with legal autonomy within the specified framework will be able to choose the law they will be subject to without the community's pressure.[9] In short, the principle that determines the purpose, scope, and limits of this legal autonomy is the individual's freedom of religion.

     Therefore, legal autonomy or poly-legalism is a solution to protect the religious freedom of non-Muslims. It guarantees the full scope of freedom of religion in matters not related to the public. Otherwise, it is not a very legal system to be interpreted as legal inequality. It cannot be applied contrary to the universal principles of law, such as equality and freedom. The Messenger of Allah (PBUH) abolished the unequal structure between Bani Quraidha and Bani Nadir in the matter of ransom.[10]

In summary, Islamic law, in order to protect the religious freedoms of non-Muslims,

     - It exempts non-Muslims from the religious obligations of Muslims.

     - recognizes and guarantees for non-Muslims the rights and freedoms granted to Muslims in front of the law.

     - It also resolves the disputes between the individual community or communities with the principles of rights and freedom.

 

[1] Turnagil, İslâmiyet ve Milletler Hukuku, 245-246.

[2] Balâdhurî, Futûhu'l-Buldân, 75; See Zamahsherî, al-Kashshaf, I, 434.

[3] See Maududi, Islamic Law, 318.

[4] Hamidullah, İslâm Peygamberi, I, 187, 571.

[5] Ibn Qayyim, Zad al-Ma'ad, IV, 1534.

[6] Al-Balâdhurî, Kitab al-Futuh al-Buldan, 76; Abu Yusuf, Kitab al-Kharaj, 72-73; Ibn Sallam, Kitab al-Amwal, 182, etc.

[7] al-Ghannushi, Hukuku'l –Muvatanah, 110; Sabiq, Fiqhu's-Sunna, 604.

[8] See Fazlur Rahman, İslâmî Yenilenme, 111.

[9] Ha­mi­dullah, İslâm Peygamberi, II, 918-919.

[10] See Abu Dawud, Aqdiye, 10; Nesai, Qasame, 7-9.