Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

poor). Property owned by more than one people may be rented
out collectively by the co-owners. It will be fâsid if they rent it out
independently of each other; and it will be bâtil if one of the
shareholders rents out his share.
INSURANCE: Ibni ’Âbidîn ‘rahmatullâhi ta’âlâ ’alaih’, states
as follows in his discourse on a disbeliever’s coming to a Muslim
country with a permission called emân: A disbeliever who enters
another country with their permission is called muste’min kâfir
(alien disbeliever). A disbeliever who comes to the Dâr-ul-islâm as
an alien will live here safely like a dhimmî, i.e. a non-Muslim fellow
countryman, who lives here. He will enjoy the same rights as a
dhimmî’s. His property will have the same inviolalibility, so that it
will not be permissible for us to take it without an agreement
(made with him). A Muslim who does not repay his debt to that
alien, or to a dhimmî, will be imprisoned. The only difference is
that, (if he is murdered,) his murderer will not be punished with
qisâs; instead, he will be chastised only with the blood-money
payment called diyat (or diyet). Ibni ’Âbidîn states as follows in his
explanation of istilâd: “On the day of Judgment exoneration from
rights of dhimmîs and animals will be more difficult than
exoneration from rights of Muslims. A Muslim who extorts or
steals a dhimmî’s property will suffer torment for it on the
Judgment day.”
A muste’min Muslim being in the Dâr-ul-harb; e.g. a Muslim
who has gone to France from Turkey for business, may take
possession of disbelievers’ property by way of an agreement
termed ‘fâsid’. For, it is permissible for an alien in the dâr-ul-harb
to obtain disbelievers’ property as long as they consent to his doing
so. For instance, it is permissible to take interest from them by
lending them money or to earn money from them by way of
gambling. For, their property is halâl for us. However, ghadr, i.e.
not to keep one’s promise, and treachery are felonies that are
harâm regardless of the place being lived in. To take someone’s
property with his consent is not ghadr. Yet it is a sin called ghadr
to impinge on their property or to assault their wives or daughters;
these are harâm acts. On the other hand, it will be ghadr to take
possession of property belonging to a muste’min disbeliever living
in a Muslim country by any way that is not permissible in Islam, be
it with their own consent. For, an Islamic country is where Islam’s
commandments must be observed with exactitude. In an Islamic
country the agreements to be made with muste’min disbelievers
are subject to the same principles of permissibility as those made
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