Wathani (the idolater: his status, rights and obligations)

وَثَنِيّ

A wathan is an idol with a body of wood, stone or other material; the wathani is the worshipper of idols and one who follows that religion. ¹ The idolater differs from the associator (mushrik), the unbeliever (kafir), the apostate, the Zoroastrian and the atheist; idolatry is one kind of unbelief. ¹ ² ³ Scholars agree that the idolater is an unbeliever; Muslims must call him to Islam, and war is not declared before the call. ³ ⁴ Idolaters acknowledge the Creator but deny God's oneness; one who dies in idolatry is held to abide in the Fire with the unbelievers. ⁴ ⁵ In war, the fighting men may be killed after the call, while women, children, the insane and the hermaphrodite may not, by agreement; most jurists exempt the old. ⁵ The women and children of a conquered people may be enslaved. ⁶ Most jurists accept the jizya from a non-Arab idolater but not from an Arab. ⁵ On conversion, the profession of the two testimonies suffices in the four schools. ⁷ Marriages among idolaters are valid for most jurists, while a Muslim may not marry an idolatress. ⁸ The flesh of an idolater's slaughter is not lawful, nor his game, except fish and locusts. ⁹ ¹⁰

Summary

A wathan is an idol with a body of wood, stone or other material; the wathani is the worshipper of idols and one who follows that religion. ¹

Distinct notions

Idolatry is one kind of unbelief; the idolater differs from the associator, the unbeliever, the apostate, the Zoroastrian and the atheist. ¹ ² ³

Belief and the call

Scholars agree that the idolater is an unbeliever. Muslims must call him to Islam, and war is not declared on him before the call. ³ ⁴ Idolaters acknowledge the Creator but deny God's oneness; one who dies in idolatry is held to abide in the Fire. ⁴ ⁵

Rules in war and peace

In war, fighting men may be killed after the call; women, children and the insane may not, by agreement, and most jurists spare the old. ⁵ The women and children of a conquered people may be enslaved. ⁶ Most jurists accept the jizya from a non-Arab idolater but not from an Arab. ⁵

Conversion and marriage

On conversion, the two testimonies suffice in the four schools. ⁷ Marriages among idolaters are valid for most jurists, and a Muslim may not marry an idolatress. ⁸

Slaughter and game

The slaughter of an idolater is not lawful, nor his game, except fish and locusts. ⁹ ¹⁰

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16604

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16605

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16606

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16607

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16608

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16609

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16610

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16612

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16613

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16614

Hudna (truce with non-Muslims)

Hudna, in the lexical sense, is calm; as a technical term it is an agreement to refrain from fighting with the enemy for a period. The Hanafis call it a settlement for money or without money when the imam sees benefit; the Hanbalis define it as a contract by the imam or his deputy to cease fighting non-Muslims for a known period matching the need. It differs from aman, the lifting of the licence to kill a belligerent and take his property for a time, and from the dhimma contract, which is a permanent safe-conduct while hudna is temporary. Its legitimacy rests on the Qur'an (Surat al-Tawba, and Surat al-Anfal 61), on the Prophet's truce with Quraysh at Hudaybiyya for ten years, and on consensus that it is permitted in general, and may be obligatory in necessity.