Ruling:
In Islamic law, every Muslim—whether male or female, free or enslaved—has the authority to grant protection (amān) to a non-Muslim. Once such protection is granted, that person is legally considered safe and must not be harmed.
1. Evidence from the Sunnah
❖ Hadith of ʿAlī رضي الله عنه:
The Messenger of Allah ﷺ said:
Arabic:
وذمة المسلمين واحدة يسعى بها أدناهم
Translation:
“The covenant of protection (amān) given by Muslims is one; even the lowest among them (such as a woman or a slave) can grant protection to a non-Muslim. Whoever breaks the covenant made by a Muslim, upon him is the curse of Allah, the angels, and all mankind. None of his obligatory or voluntary acts will be accepted.”
📚 (Ṣaḥīḥ al-Bukhārī: 3179 – Kitāb al-Jizyah wal-Muwādaʿah; Ṣaḥīḥ Muslim: 1370; Aḥmad: 1/122; Abū Dāwūd: 4530; Al-Nasā’ī: 8/24; Ḥākim: 2/141; Al-Dāraquṭnī: 3/98)
❖ Hadith of ʿAmr ibn Shuʿayb, from his father, from his grandfather:
The Messenger of Allah ﷺ said:
Arabic:
المسلمون تتكافأ دماؤهم يسعى بذمتهم أدناهم
Translation:
“The lives of all Muslims are equal, and the protection (amān) given by even the lowest among them is binding upon all.”
📚 (Ḥasan Ṣaḥīḥ: Ṣaḥīḥ Abī Dāwūd: 2390 – Kitāb al-Jihād; Abū Dāwūd: 2751; Aḥmad: 2/191; Ibn Mājah: 2685)
Explanation:
- These authentic ḥadīths establish that any Muslim has the right to offer safety or protection to a non-Muslim individual or group, whether on the battlefield or in peaceful circumstances.
- Once granted, this amān becomes legally binding on the entire Muslim community, and violating it is a major sin.
- The Prophet ﷺ strongly warned against betraying or breaking such covenants, making it clear that doing so incurs the curse of Allah, the angels, and all people.
Summary:
- Every Muslim, regardless of rank, has the right to grant protection (amān) to non-Muslims.
- Once given, that protection becomes legally valid and must be honored by all Muslims.
- Breaking a Muslim’s granted covenant is a severe transgression in Islam.
