Who can live under Islamic rule?

Question

Are only Dhimmi religions allowed to exist under Shariah rule while following their religion? What if a non-Dhimmi religion is to live under Islamic rule?

Answer 1

Only a Muslim or a Dhimmi can live permanently under Islamic rule. A non-Dhimmi can visit and stay temporarily (less than one year) if he is a Musta’min - meaning he is given permission and assurance of safety, as per the verse:

وإن أحد من المشركين استجارك فأجره حتى يسمع كلام الله ثم أبلغه مأمنه ذلك بأنهم قوم لا يعلمون

And if any one of the polytheists seeks your protection, then grant him protection so that he may hear the words of Allah. Then deliver him to his place of safety. That is because they are a people who do not know.

^{— Quran 9:6}

The basis for not allowing them to stay permanently is that allowing them to stay forever in the Islamic state is contrary to fighting them. However, the verses (Quran 9:5 and Quran 9:29) and ahadith (Bukhari 25 and Muslim 1731) on Jihad state that fighting must be carried out until the disbeliever accepts Islam or becomes Dhimmi (pays Jizyah). Before that is achieved the fighting can not conclude. However it can be paused temporarily if there is a need or an interest served by it, and 'Aman is a type of situation where it is paused temporarily.

As for whether the followers of a religion can become Dhimmi or not then this is disagreed upon. See Can polytheists pay jizya? as those from whom Jizyah can be accepted can become Dhimmis while others can not.

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Ref:

الأصل أن غير المسلم الذي لم يحصل على الذمة لا يمكن من الإقامة الدائمة في دار الإسلام

The rule is that a non-Muslim who is not a Dhimmi can not stay permanently in the Dar al-Islam

^{— Mawsoo’ah al-Fiqhiyyah}

اتفق الفقهاء على جواز عقد الذمة لأهل الكتاب والمجوس، كما اتفقوا على عدم جوازه للمرتد. أما فيما عدا ذلك فقد اختلفوا

The jurists are agreed that it is permitted to make a pact of Dhimma with the People of the Book and the Zoroastrians and they are also agreed that it is not permitted to make it with an apostate. As for those other than them there is disagreement on it.

^{— Mawsoo’ah al-Fiqhiyyah}