Mairo
Maryama
A disbeliever who pays the jizyah is called a dhimmi. Dhimmi are those citizens of the Khilafah that hold different beliefs and values to the ideology of the state i.e. Islam. The word dhimmi is derived from the Arabic word dhimmah, which means pledge or covenant (‘ahd).
The state makes a pledge to treat the dhimmi in accordance with the specific terms of the peace treaty made with them (if applicable) and not to interfere in their beliefs, worships and those actions that contradict Islam but were permitted to the dhimmi by the Messenger of Allah (saw) such as drinking alcohol, for example. In all other areas they are viewed and treated in the same way as Muslims unless belief in Islam is a condition for the action.
The dhimmi are citizens of the Khilafah and enjoy all the rights of citizenship such as protection, guaranteed living and fair treatment. They also enjoy the right of being treated with kindness, leniency, justice and clemency. They can join the Islamic armed forces and fight alongside the Muslims if they choose to do so, but they are not obliged to fight as the Muslims are. They are viewed by the ruler and the judge in the same light as the Muslims are viewed without any discrimination in terms of managing their affairs and when implementing the rules of transactions (mu’amilat) and the penal code (hudud) upon them.
Therefore, the dhimmi enjoys all the rights, equally and exactly as those enjoyed by the Muslims except those rights which are specific to them because of their belief or specific to Muslims because of their belief. Muslim and dhimmi communities live together, side by side in the Khilafah. They are not persecuted, hated and forced to live in fear by the Muslims. The dhimmi neighbors have the same rights as Muslim neighbors with no distinction. Muslims and dhimmi will visit each other, be courteous and socialize together. The Messenger of Allah (saw) used to visit the poor from amongst the dhimmi. It is narrated that a Jewish valet who used to serve the Messenger of Allah (saw) was once taken ill, so the Messenger of Allah (saw) visited him. The Prophet (saw) said: “Jibril (Angel Gabriel) kept recommending treating neighbors with kindness until I thought he would assign them a share of inheritance.”
The classical scholars of Islam also detailed the rights of the Muslims towards the dhimmi. The famous Maliki jurist, Shaha al-Deen al-Qarafi states:
“The covenant of protection imposes upon us certain obligations toward the ahl al-dhimmah. They are our neighbors, under our shelter and protection upon the guarantee of Allah, His Messenger (saw), and the religion of Islam. Whoever violates these obligations against any one of them by so much as an abusive word, by slandering his reputation, or by doing him some injury or assisting in it, has breached the guarantee of Allah, His Messenger (saw), and the religion of Islam.”
The Jizya is taken from the men who are sane and mature. It is not taken from the youth, the insane or the women. The level of Jizya is not fixed but the amount is left to the opinion and Ijtihad of the Caliph. The Caliph takes in to consideration the aspect of prosperity and poverty in a way that does not overburden the dhimmi. It is forbidden for the Khilafah to overburden the dhimmi with heavy taxation.
In his message to the people of Al-Hirah, Khalid bin Walid is recorded as saying (in reference to the jizya), "When a person is too old to work or suffers a handicap, or when he falls into poverty, he is free from the dues of the poll tax; his sustenance is provided by the Muslim Exchequer."
It was related from the Messenger of Allah that he appointed Abdullah b. Arqam over the Jizya of the people of dhimmah and when he was leaving, he (saw) called him back and said (Narrated in the Hadith book of Abu Dawud): “Surely, whoever oppresses a person under covenant or imposes upon him more than he can afford and humiliates him or takes anything from him without his consent I will challenge him (i.e. the oppressor) on the day of judgment.”
‘Amr ibn Maymun said, “I saw ‘Umar four nights before he was assassinated sitting on top a camel, saying to Hudhayfa ibn al-Yaman and ‘Uthman ibn al-Hunayf, ‘Review the affairs under your charge. Do you think that you have burdened the tenants with what they cannot bear?” ‘Uthman replied, ‘I have levied on them an amount that I could double and they would still have the ability to pay.’ Hudhayfa said: ‘I have imposed on them an amount that leaves a large surplus.’
Abu Ubayd commenting on this said: this is the legal rule in our view for the imposition of jizya and kharaj; they are levied in accordance with the capacity of the dhimmis to pay, without burdening them and without adversely affecting the fay’ of the Muslims; however, no limit is imposed on it. When collecting the jizya this cannot be collected by abusing and torturing the dhimmi as some have claimed.
Jizya is not an oppressive tax, as compared to the taxes people pay in the West today like income tax and VAT. Financially, the dhimmi prospered under the Islamic State and set up many businesses and engaged in much trade.
According to Muslim accounts of Umar, in his time some payers of the jizya were compensated if they had not been cared for properly. The accounts vary, but describe his meeting an old Jew begging, and assisting him; according to one version:
Umar said to him, "Old man! We have not done justice to you. In your youth we realized Jizyah from you and have left you to fend for yourself in your old age". Holding him by the hand, he led him to his own house, and preparing food with his own hands fed him and issued orders to the treasurer of the Bait-al-mal that that old man and all others like him, should be regularly doled out a daily allowance which should suffice for them and their dependents.
The protection of the dhimmi is the responsibility of the Muslims. The dhimmi are not obliged to join the army and fight to defend the Islamic State. Ibn Hazm said that one of the rights of the People of Covenant is that if Dar ul Islam is attacked and the People of the Covenant reside in that part of the land then Muslims have to die to defend them. Any leniency in this regard would be leniency in the rights of the People of Dhimma. If they choose to, non-Muslims can be part of the Islamic army and be paid a wage for this. But they are not allowed to hold positions of authority within the army.
A letter attributed to Khalid bin Walid said that "This is a letter of Khalid ibn al-Waleed to Saluba ibn Nastuna and his people; I agreed with you on al-jezyah and protection. As long as we protect you we have the right in al-jezyah, otherwise we have none.”
Abu Yusuf gives the following report:
After getting on peaceful terms with the people of Syria and collecting the dues of the Jizya and the Kharaj, news reached Abu ‘Ubeida that the Byzantines had amassed their troops to attack him. The effect of this was great on Abu ‘Ubeida and the Muslims. He sent messages to the rulers of cities with whose citizens he had made peace, asking them to return to their subjects the paid dues of the Jizya and Kharaj with an instruction to tell them: ‘We hereby return to you the money you have paid us, because of the news of the enemy troops amassed to attack us, but, if God grants us victory against the enemy, we will keep up to the promise and covenant between us.’ When this was delivered to the dhimmis and their money returned to them, they told the Muslims: ‘May God bring you back to us and grant you victory over them!’
It’s true that a dhimmi cannot hold any ruling position within the Khilafah. This is because the Shari’ah has restricted these positions to those who believe in the ideology of the state i.e. Islam. This is no different to any ideological state within the world today.
Muhammad Asad states:
One cannot escape the fact that no non-Muslim citizen – however great his personal integrity and his loyalty to the state – could, on psychological grounds, ever be supposed to work wholeheartedly for the ideological objectives of Islam; nor, in fairness, could such a demand be made of him. On the other hand, no ideological organization (whether based on religious or other doctrines) can afford to entrust the direction of its affairs to persons not professing its ideology. Is it, for instance, conceivable that a non-Communist could be given a political key position – not to speak of supreme leadership of the state – in Soviet Russia? Obviously not, and logically so: for as long as communism supplies the ideological basis of the state, only persons who identify themselves unreservedly with its aims can be relied upon to translate those aims into terms of administrative policy.
Having said this dhimmi can be civil servants and directors of the administrative government departments. Discrimination against dhimmi for civil service posts is forbidden. The evidence for this is from the Islamic rules on hiring (Ijara) where it is permitted to hire any person whether Muslim or non-Muslim. This is because the evidences for hiring came in a general form. The Messenger of Allah (saw) himself once hired a man from the tribe Banu Ad-Deel who was a non-Muslim, which indicates that it is permitted to hire a non-Muslim just as it is to hire a Muslim.
The Messenger of Allah (saw) said: “Allah (swt) said; I will challenge three people on the day of Judgment... and a man who employed a laborer, he received from him (the work) but did not give him his wage.”
Although dhimmi cannot hold ruling positions within the government this does not mean they cannot politically participate within the Khilafah. One of the pillars of the Islamic ruling system is consultation (shura). This function is institutionalized within an elected council called the Majlis al-Ummah (Council of the Ummah) that forms part of the Khilafah government.
The Majlis al-Ummah is an elected council whose members can be Muslim, non-Muslim, men or women. These members represent the interests of their constituencies within the state. The majlis has no powers of legislation like in a democratic parliament but it does have many powers that act as a counterbalance to the executive powers of the Khaleefah.
Members of the majlis can voice their political opinions freely without fear of imprisonment or rebuke. This makes the Majlis ul-Ummah a very powerful institution for accounting the Khaleefah and his government which the dhimmi can fully participate in.
The jizyah will remain in effect until the time when Isa returns (Bukhari Volume 3, Book 34, Number 425 states that Isa/Jesus will abolish the jizya, as does Volume 4, Book 55, Number 657)
Allahu Alam
http://www.caliphate.eu/2007/10/dhim...caliphate.html
http://www.bismikaallahuma.org/archi...izya-in-islam/
The state makes a pledge to treat the dhimmi in accordance with the specific terms of the peace treaty made with them (if applicable) and not to interfere in their beliefs, worships and those actions that contradict Islam but were permitted to the dhimmi by the Messenger of Allah (saw) such as drinking alcohol, for example. In all other areas they are viewed and treated in the same way as Muslims unless belief in Islam is a condition for the action.
The dhimmi are citizens of the Khilafah and enjoy all the rights of citizenship such as protection, guaranteed living and fair treatment. They also enjoy the right of being treated with kindness, leniency, justice and clemency. They can join the Islamic armed forces and fight alongside the Muslims if they choose to do so, but they are not obliged to fight as the Muslims are. They are viewed by the ruler and the judge in the same light as the Muslims are viewed without any discrimination in terms of managing their affairs and when implementing the rules of transactions (mu’amilat) and the penal code (hudud) upon them.
Therefore, the dhimmi enjoys all the rights, equally and exactly as those enjoyed by the Muslims except those rights which are specific to them because of their belief or specific to Muslims because of their belief. Muslim and dhimmi communities live together, side by side in the Khilafah. They are not persecuted, hated and forced to live in fear by the Muslims. The dhimmi neighbors have the same rights as Muslim neighbors with no distinction. Muslims and dhimmi will visit each other, be courteous and socialize together. The Messenger of Allah (saw) used to visit the poor from amongst the dhimmi. It is narrated that a Jewish valet who used to serve the Messenger of Allah (saw) was once taken ill, so the Messenger of Allah (saw) visited him. The Prophet (saw) said: “Jibril (Angel Gabriel) kept recommending treating neighbors with kindness until I thought he would assign them a share of inheritance.”
The classical scholars of Islam also detailed the rights of the Muslims towards the dhimmi. The famous Maliki jurist, Shaha al-Deen al-Qarafi states:
“The covenant of protection imposes upon us certain obligations toward the ahl al-dhimmah. They are our neighbors, under our shelter and protection upon the guarantee of Allah, His Messenger (saw), and the religion of Islam. Whoever violates these obligations against any one of them by so much as an abusive word, by slandering his reputation, or by doing him some injury or assisting in it, has breached the guarantee of Allah, His Messenger (saw), and the religion of Islam.”
The Jizya is taken from the men who are sane and mature. It is not taken from the youth, the insane or the women. The level of Jizya is not fixed but the amount is left to the opinion and Ijtihad of the Caliph. The Caliph takes in to consideration the aspect of prosperity and poverty in a way that does not overburden the dhimmi. It is forbidden for the Khilafah to overburden the dhimmi with heavy taxation.
In his message to the people of Al-Hirah, Khalid bin Walid is recorded as saying (in reference to the jizya), "When a person is too old to work or suffers a handicap, or when he falls into poverty, he is free from the dues of the poll tax; his sustenance is provided by the Muslim Exchequer."
It was related from the Messenger of Allah that he appointed Abdullah b. Arqam over the Jizya of the people of dhimmah and when he was leaving, he (saw) called him back and said (Narrated in the Hadith book of Abu Dawud): “Surely, whoever oppresses a person under covenant or imposes upon him more than he can afford and humiliates him or takes anything from him without his consent I will challenge him (i.e. the oppressor) on the day of judgment.”
‘Amr ibn Maymun said, “I saw ‘Umar four nights before he was assassinated sitting on top a camel, saying to Hudhayfa ibn al-Yaman and ‘Uthman ibn al-Hunayf, ‘Review the affairs under your charge. Do you think that you have burdened the tenants with what they cannot bear?” ‘Uthman replied, ‘I have levied on them an amount that I could double and they would still have the ability to pay.’ Hudhayfa said: ‘I have imposed on them an amount that leaves a large surplus.’
Abu Ubayd commenting on this said: this is the legal rule in our view for the imposition of jizya and kharaj; they are levied in accordance with the capacity of the dhimmis to pay, without burdening them and without adversely affecting the fay’ of the Muslims; however, no limit is imposed on it. When collecting the jizya this cannot be collected by abusing and torturing the dhimmi as some have claimed.
Jizya is not an oppressive tax, as compared to the taxes people pay in the West today like income tax and VAT. Financially, the dhimmi prospered under the Islamic State and set up many businesses and engaged in much trade.
According to Muslim accounts of Umar, in his time some payers of the jizya were compensated if they had not been cared for properly. The accounts vary, but describe his meeting an old Jew begging, and assisting him; according to one version:
Umar said to him, "Old man! We have not done justice to you. In your youth we realized Jizyah from you and have left you to fend for yourself in your old age". Holding him by the hand, he led him to his own house, and preparing food with his own hands fed him and issued orders to the treasurer of the Bait-al-mal that that old man and all others like him, should be regularly doled out a daily allowance which should suffice for them and their dependents.
The protection of the dhimmi is the responsibility of the Muslims. The dhimmi are not obliged to join the army and fight to defend the Islamic State. Ibn Hazm said that one of the rights of the People of Covenant is that if Dar ul Islam is attacked and the People of the Covenant reside in that part of the land then Muslims have to die to defend them. Any leniency in this regard would be leniency in the rights of the People of Dhimma. If they choose to, non-Muslims can be part of the Islamic army and be paid a wage for this. But they are not allowed to hold positions of authority within the army.
A letter attributed to Khalid bin Walid said that "This is a letter of Khalid ibn al-Waleed to Saluba ibn Nastuna and his people; I agreed with you on al-jezyah and protection. As long as we protect you we have the right in al-jezyah, otherwise we have none.”
Abu Yusuf gives the following report:
After getting on peaceful terms with the people of Syria and collecting the dues of the Jizya and the Kharaj, news reached Abu ‘Ubeida that the Byzantines had amassed their troops to attack him. The effect of this was great on Abu ‘Ubeida and the Muslims. He sent messages to the rulers of cities with whose citizens he had made peace, asking them to return to their subjects the paid dues of the Jizya and Kharaj with an instruction to tell them: ‘We hereby return to you the money you have paid us, because of the news of the enemy troops amassed to attack us, but, if God grants us victory against the enemy, we will keep up to the promise and covenant between us.’ When this was delivered to the dhimmis and their money returned to them, they told the Muslims: ‘May God bring you back to us and grant you victory over them!’
It’s true that a dhimmi cannot hold any ruling position within the Khilafah. This is because the Shari’ah has restricted these positions to those who believe in the ideology of the state i.e. Islam. This is no different to any ideological state within the world today.
Muhammad Asad states:
One cannot escape the fact that no non-Muslim citizen – however great his personal integrity and his loyalty to the state – could, on psychological grounds, ever be supposed to work wholeheartedly for the ideological objectives of Islam; nor, in fairness, could such a demand be made of him. On the other hand, no ideological organization (whether based on religious or other doctrines) can afford to entrust the direction of its affairs to persons not professing its ideology. Is it, for instance, conceivable that a non-Communist could be given a political key position – not to speak of supreme leadership of the state – in Soviet Russia? Obviously not, and logically so: for as long as communism supplies the ideological basis of the state, only persons who identify themselves unreservedly with its aims can be relied upon to translate those aims into terms of administrative policy.
Having said this dhimmi can be civil servants and directors of the administrative government departments. Discrimination against dhimmi for civil service posts is forbidden. The evidence for this is from the Islamic rules on hiring (Ijara) where it is permitted to hire any person whether Muslim or non-Muslim. This is because the evidences for hiring came in a general form. The Messenger of Allah (saw) himself once hired a man from the tribe Banu Ad-Deel who was a non-Muslim, which indicates that it is permitted to hire a non-Muslim just as it is to hire a Muslim.
The Messenger of Allah (saw) said: “Allah (swt) said; I will challenge three people on the day of Judgment... and a man who employed a laborer, he received from him (the work) but did not give him his wage.”
Although dhimmi cannot hold ruling positions within the government this does not mean they cannot politically participate within the Khilafah. One of the pillars of the Islamic ruling system is consultation (shura). This function is institutionalized within an elected council called the Majlis al-Ummah (Council of the Ummah) that forms part of the Khilafah government.
The Majlis al-Ummah is an elected council whose members can be Muslim, non-Muslim, men or women. These members represent the interests of their constituencies within the state. The majlis has no powers of legislation like in a democratic parliament but it does have many powers that act as a counterbalance to the executive powers of the Khaleefah.
Members of the majlis can voice their political opinions freely without fear of imprisonment or rebuke. This makes the Majlis ul-Ummah a very powerful institution for accounting the Khaleefah and his government which the dhimmi can fully participate in.
The jizyah will remain in effect until the time when Isa returns (Bukhari Volume 3, Book 34, Number 425 states that Isa/Jesus will abolish the jizya, as does Volume 4, Book 55, Number 657)
Allahu Alam
http://www.caliphate.eu/2007/10/dhim...caliphate.html
http://www.bismikaallahuma.org/archi...izya-in-islam/