Question
What is the ruling regarding non-Muslim places of worship in an Islamic state?
Answer
In an Islamic state, it is not permissible for Muslims to build places of worship for non-Muslims, such as:
- Church (كَنِيسَة / جِرْجَة) – for Christians
- Synagogue (كِلِيسَا) – for Jews
- Fire Temple (آتَشْ كَدَه) – for Magians
- Mandir – for Hindus
- Gurdwara – for Sikhs
This is because doing so entails assisting disbelief. Similarly, shrines, domes, and mausoleums that lead to shirk are also impermissible and must be demolished in Muslim lands.
Different Scenarios
① If such temples already exist in conquered Muslim territories:
- If a pact (ʿahd) is made with the dhimmīs not to interfere, then they are allowed to remain, but no permission is given for reconstruction or expansion.
- If no pact exists and full Muslim control is established, the ruler may demolish them depending on circumstances. However, if demolition would cause greater harm to Muslims, they may be temporarily left standing.
② If a purely Muslim area is founded (like Basra or Baghdad historically):
- Non-Muslims who later reside there cannot build their temples.
- If they do, such structures are to be demolished.
- Activities like ringing church bells, selling alcohol, eating pork, or calling Muslims to shirk are not permitted.
Statements of Scholars
❀ Shaykh al-Islām Ibn Taymiyyah (رحمه الله, d. 728H) was asked about a Christian priest who rebuilt a ruined church in Syria. He replied:
ليس له أن يحدث ما ذكره من الكنيسة... وإنما تنازعوا فى وجوب تخريبها... وليس لأحد أن يعاونه على إحداث ذلك... وأما المحدث لذلك من أهل الذمة فإنه فى أحد قولى العلماء ينتقض عهده ويباح دمه وماله...
“He is not allowed to rebuild that church… Muslims are agreed on the permissibility of demolishing such places in conquered lands, though they differ whether demolition is obligatory. It is forbidden for anyone to assist him in this. If a dhimmī initiates such building, then according to one scholarly opinion, his covenant is void and his blood and wealth are permissible, because he violated the conditions imposed upon him.”
(Majmūʿ al-Fatāwā 28/647)
❀ Ibn al-Qayyim (رحمه الله, d. 751H):
إنه لو أراد الإمام عند فتحه هدم ذلك جاز بإجماع المسلمين، ولم يختلفوا فى جواز هدمه
“If the ruler, upon conquering a land, wishes to demolish such temples, it is permissible by consensus of Muslims. There is no disagreement regarding the permissibility of demolishing them.”
(Aḥkām Ahl al-Dhimmah 3/1192)
He further said:
يمنع أهل الذمة من ابتداء إحداث كنيسة فى دار الإسلام ولا يمنعون من استدامتها
“Dhimmīs are prevented from building new churches in Dār al-Islām, but they are not prevented from maintaining their old ones.”
(Iʿlām al-Muwaqqiʿīn 2/246)
Conclusion:- Non-Muslims cannot build new temples, churches, or shrines in Muslim lands.
- Existing ones in conquered areas may remain if a pact exists, otherwise the ruler has the discretion to demolish them.
- Dhimmīs are only allowed to maintain their old places of worship, not construct new ones.
