The debate over whether Islamic laws will or ought to apply to non-Muslims in an Islamic state misses the very nature of the principle of the Islamic state.

While in theory, Islamic laws should apply only to Muslims and not non-Muslims, this in a sense is already a discrimination between the two groups.

But who decides when and how the dividing line will be for Muslims and non-Muslims? The singular point I am trying to make, is that in an Islamic state, its laws will inevitably apply to non-Muslims. This is simply intrinsic to the way an Islamic state is premised.

Islamic law actually stipulates how a non-Muslim in an Islamic state should be treated, does it not? This in itself is subjecting non-Muslims to Islamic rule. The real question is who or what tells the Islamic state administrators how non-Muslims should be treated.

Is it the national constitution?

No.

Is it the secular laws of the land?

No.

Is it the laws drawn up by Parliament or an assembly of the people of the land?

No.

So, who?

The answer is Islamic law or the syariah. Therefore, logically, Islamic law will apply to non-Muslims, because it is the application of Islamic law that requires that non-Muslims be treated one way or another.

Those who contend that Islamic law will not apply to non-Muslims in an Islamic state are confused by the fact that Muslims are to be treated differently from non-Muslims but this is not the same as saying that Islamic law will not apply to non-Muslims.

Because it is Islamic law that stipulates non-Muslims will not have to pay zakat (taxes for Muslims), but only kharaj (taxes for non-Muslims). This is already imposing Islamic law on non-Muslims.

Therefore, the question whether hudud will apply to non-Muslims is really a secondary question. The truth is that hudud will apply if Islamic laws (or in reality, whoever administers the law in an Islamic state) say so.

The question is not so much if hudud will apply to non-Muslims, but when Islamic laws (which, in turn, will determine whether hudud shall apply) are applicable to them.

Whether this is good, desirable and fair or otherwise is another debate entirely.