Idolatry Under the Shariah

[Saadet]

I have a question. Would idolaters be allowed to built their temples in a country under Shariah, or is the construction of religious buildings limited to Muslims, Jews and Christians?

For instance, say, for instance, that Malaysia declared Shariah law. Would the Hindus, Confucians and Buddhists still be allowed to built their places of worship in their own communities, seeing as how they would invariably contain idols?

[nopah]

India was governed by Islam, and we allowed Hinduism. They were majority and are still majority now. I dont think there is compulsion in religion. We may disagree to what they are doing but we must respect their worship.

[al-ghazalli]

As Salam Alukum

In the Name of Allah the Most Merciful, the Most Compassionate

Bismillah wal Hamdulilah was Salatu was Salam 'ala Sayyidina Rasul Allah.


Would idolaters be allowed to built their temples in a country under Shariah

Their is a difference of opinion. Those who forbade it state;

Allah says in the Qur’an:

ْﺟﺎَﻓ ِنﺎَﻄْﻴﱠﺸﻟا ِﻞَﻤَﻋ ْﻦﱢﻣ ٌﺲْﺟِر ُمَﻻْزَﻷاَو ُبﺎَﺼﻧَﻷا َو ُﺮِﺴْﻴَﻤْﻟاَو ُﺮْﻤَﺨْﻟا ﺎَﻤﱠﻧِإ ْاﻮُﻨَﻣﺁ َﻦﻳِﺬﱠﻟا ﺎَﻬﱡﻳَأ ﺎَﻳ َنﻮُﺤِﻠْﻔُﺗ ْﻢُﻜﱠﻠَﻌَﻟ ُﻩﻮُﺒِﻨَﺘ

“O you who believe, intoxicants, gambling, idols (al-Ansaab), and divining of arrows are the filth of Shaytan’s handiwork; So avoid them if you hope to be successful.”[al-Qur’aan, Surat al-Maa’idah, 5:90]

About the word “al-Ansaab” in this verse, Imam al-Qurtubi records in his “Jaami` li-Ahkaam al-Qur’aan” from Ibn `Atiyah: “…and regarding al-Ansaab these are idols (asnaam)”. There is a minority opinion supported by two companions, Ibn `Abbas and Ibn Jurayj ( ﻨﻋ ﷲا ﻲﺿر ﻢﻬ ), which attributes this to be specifically the altar of stone upon which sacrifices were made to the idols.

Allah also says in the Qur’an:

“..ِنﺎَﺛْوَﺄْﻟا َﻦِﻣ َﺲْﺟﱢﺮﻟا اﻮُﺒِﻨَﺘْﺟﺎَﻓ..” meaning “..So shun the filth of idols..” [al-Qur’an, Surat al-Hajj, 22:30]

From the Sunnah:

"I dispatch you with what the Messenger of Allah (ﻢﻠﺳو ﻪﻟﺁو ﻪﻴﻠﻋ ﻪﱠﻠﻟا ﻰﻠﺻ) dispatched me and ordered me that I should level every grave and destroy every statue" ["ﻢﻨﺻ ﻞآ ﺲﻤﻃأو ﺮﺒﻗ ﻞآ يﻮﺳأ نأ" Musnad Imaam Ahmad, from the Musnad of `Ali]

"The Messenger of Allah (ﻢﻠﺳو ﻪﻟﺁو ﻪﻴﻠﻋ ﻪﱠﻠﻟا ﻰﻠﺻ) deputed men from the Ansaar to level every graveand destroy every statue.."["ﻢﻨﺻ ﻞآ ﺦﻄﻠﻳ نأو ﺮﺒﻗ ﻞآ يﻮﺴﻳ نأ", Musnad Imaam Ahmad, from the Musnad of Ali]

Upon this, Ali (مﻼّﺴﻟا ﻪﻴﻠﻋ) wished to weigh "Maslaha" as these people are doing against the order of the Prophet (ﻢﻠﺳو ﻪﻟﺁو ﻪﻴﻠﻋ ﻪﱠﻠﻟا ﻰﻠﺻ) in the following narration from Imaam Ahmad's Musnad: "I do hate to enter the homes of my people, so send me if you come across any (idols)"

To this "Maslaha” approach of Ali, the Prophet (ﻢﻠﺳو ﻪﻟﺁو ﻪﻴﻠﻋ ﻪﱠﻠﻟا ﻰﻠﺻ) replied, "O Ali, do not try to be comely, nor vain, and do not trade in other than trade which is good. For these (aforementioned) are the ones who procrastinate in their acts." [“ﻞﻤﻌﻟا ﻲﻓ نﻮﻓﻮﺴﻣ ﻚﺌﻟوأ نﺈﻓ ﺮﻴﺧ ﺮﺟﺎﺗ ﻻإ اﺮﺟﺎﺗ ﻻو ﻻﺎﺘﺨﻣ ﻻو ﺎﻧﺎﺘﻓ ﻦﻧﻮﻜﺗ ﻻ ﻲﻠﻋ ﺎﻳ” Musnad Imaam Ahmad, from the Musnad of Ali bin Abi Talib]

Some Ulema state that if their is a contract between an Islamic government and idolators and they pay the Jizyah were under a contract of "Ahl al-Thimma" with their Muslim rulers, then violating their private places of worship would
be forbidden by Shari`ah according to certain of the Jurisprudents. Some believe this extends only to the People of the Book (Christians, Jews and Sabaeans), whereas others believe this extends to all.

And Allah Knows Best.