Question:
Can a Muslim Country Prevent Non-Muslims From Building New Places of Worship?
Answer:
Wa ‘alaykum assalam wa rahmatullah wa barakatuh.
I pray you are well.
The Classical Ruling
Yes, according to the Hanafi school, a Muslim state can prevent Non-Muslims from building new places of worship in a city established by Muslims and in a place that was conquered by Muslims. However, if there was a treaty stating that the land remained the property on Non-Muslims but the Muslims would have a right to the crops grown there, then establishing new places of worship is permissible for them (al Mawsu’a al Kuwaitiyya).
Contextualizing This Historically
Historically, people lived with those who shared their faith and values, in general. The idea of nation-states, which is the dominant form of social contract in countries, is a relatively new one.
This is why invasion and establishing empires is not a concern of countries today. The world sees things as being inherently different.
In the past, the idea was the Muslims would live amongst themselves and establish just societies to promote justice and a way of life according to the standards of Islam. This was not due to the notion that a particular political system was superior. It was rooted in the reality of this life being a test, and the Afterlife being the true life.
Muslims wanted to live in a way that promoted the best standard of living for them in this life and the next. So, if a Non-Muslim wanted to benefit from the amenities of such a place and enjoy the freedom of practicing their own religion at the cost of a tax, they were free to do so.
For Non- muslims to establish new places of worship in that place would undermine the purpose of such a country. Therefore, the classical ruling made sense. You will see the same understanding in the Vatican and in other places. Democratic countries don’t usually accept the promotion of Fascism for the same principle.
Contextual Applications
Can a modern Muslim country choose to apply the same ruling now? The simple answer is: yes. They are free to establish any laws they see fit for the promotion of the wellbeing in their country. Every state has that right – as long as it doesn’t involve compromising basic human rights.
Could a Muslim country allow the establishment of these places of worship? This could be argued, but I feel it is something that a legal body, such as a Fiqh Council should decide, and consider its wider implications.
I hope that helps.
[Shaykh] Abdul-Rahim
Checked and Approved by Shaykh Faraz Rabbani