The members of the community, especially Muslims, should lead a life of solidarity, where the rich among the community should give alms to the poor and where the non-Muslims also feel that kind of solidarity. Thus, if a rich non-Muslim wants to maintain a Muslim or establishes an orphanage, he may do so provided that it should be only done for the sake of doing good and no missionary or Christian purposes are behind such an activity.
Dr. `Ali As-Saratawi,head of the Jurisprudence Department at Najah University in Nablus, Palestine states the following: The maintenance meant here is supporting the needy financially. The non-Muslim is not to be forbidden from doing charitable contributions in the Islamic state. Thus, if a non-Muslim wants to support an orphan, there is no legal impediment for doing so. That is, we lead the same life and share the same interests along with our non-Muslim brethren in our Arab and Muslim countries. Moreover, we are to follow the Prophet’s saying as regards the non-Muslims: “They have the same rights we have and undertake the same duties we undertake.”
Such joint liability in society entails that every member should care for sustaining the orphans and the needy, as well as looking after their needs. This duty covers all individuals of a given country, and at the same time, all orphans should be sustained regardless of their religion.
Moreover, the late Sheikh Jadul-Haqq `Ali Jadul-Haqq, former grand Sheikh of Al-Azhar, also stated: Doing good, giving charity, showing cooperation, and helping one another in doing righteous acts are all recommended in Islam and also permissible to be done toward people of different religions. Ibn Abu Shaybah reported that Jabir ibn Zayd was asked about to whom charities should be given. Jabir answered, “Charities are to be given to the people of your religion (i.e., Muslims) and the Dhimmis (non-Muslims living in and under the protection of a Muslim state).” Jabir added, “The Messenger of Allah (peace and blessings be upon him) used to give the Dhimmis from the zakah and the khums (one-fifth of booty or spoils).”
Furthermore, Allah Almighty has permitted eating from the food of the People of the Book (Jews and Christians) and marrying their women. He Almighty says: (This day are (all) good things made lawful for you. The food of those who have received the Scripture is lawful for you, and your food is lawful for them. And so are the virtuous women of the believers and the virtuous women of those who received the Scripture before you (lawful for you) when ye give them their marriage portions and live with them in honor, not in fornication, nor taking them as secret concubines. Whoso denieth the faith, his work is vain and he will be among the losers in the Hereafter) (Al-Ma’idah 5: 5). According to this verse, it is allowable to deal with the People of the Book and to exchange benefits with them. It further guides us to the permissibility of eating from their food we buy or receive in their houses by way of hospitality, as well as being married to women from amongst them.
In Abu `Ubayd’s book Al-Amwal, it is narrated that Caliph `Umar ibn `Abdul-`Aziz (may Allah be pleased with him), who was also one of the righteous scholars, wrote a message to the governor he had appointed over Basra, which included the following:
“…and from among the People of the Book consider those who have grown old and feeble, and have no means of sustenance, and support them from the public treasury of Muslims (bayt al-mal) with what would be sufficient to meet their needs.”
this message indicates that the governor was asked to assign a regular salary for such people in order to keep them away from begging to maintain themselves.
Depending on these bases, Muslim jurists in the Maliki, Shafi`i, and Hanbali schools are of the opinion that it is permissible for a Muslim to accept the gift of the non-Muslim. They considered that such gifts are included in the donations which are accepted to be exchanged among people of different religions, as long as such donations are not granted for the sake of an act of disobedience.
Furthermore, there are plain texts in the Shafi`i school of jurisprudence asserting that it is permissible for a non-Muslim to determine by a will that a mosque should be built for Muslims. Since the bequest is legally considered among the contracts of donations, and since such donations are acceptable to be granted by a non-Muslim for building a mosque, then the direct donation by a non-Muslim for establishing a mosque or contributing in building it is also acceptable. Thus, any other charitable deed falls under this ruling.