Fatima Amenda
Junior Member
The Status of Non-Muslims In the Islamic State
By
Bassam Zawadi
This paper will discuss the status of non-Muslims in an Islamic state. This article will attempt to answer the following questions:
- What is a dhimmi?
- What is the Jizyah tax?
- Who is required to pay the Jizyah tax?
- Why are Non-Muslims made to pay it? Isn't this Tax Oppressive and Unjust? What benefits would Non-Muslims Get out of paying Jizyah?
- Why Don't Muslims Get to Pay the Jizyah? Doesn't This Show That There is Discrimination Against Non-Muslims?
- How Should The Jizyah Tax Be Taken From The Non-Muslims?
- How Should Muslims Treat Non-Muslims as People?
- Can Non-Muslims freely practice their faith in an Islamic state?
-Can Non-Muslims Prosper Under an Islamic State?
-Do Non-Muslims Have Rights To Social Justice?
What is a dhimmi?
When non Muslim citizens live under Islamic sovereignty, they enjoy a special status and are known along with other minorities as ahl adh dhimma or dhimmis. Dhimma is an Arabic word, which means safety, security, and contract. Hence, they are called dhimmis because they have agreed to a contract by Allah, His Messenger, and the Islamic community, which grants them security. This security granted to dhimmis is like the citizenship granted by a government to an alien who abides by the constitution, thereby earning all the rights of a natural citizen. Thus, upon the preceding basis, a dhimmi is a citizen of the Islamic state, as described by Muslim jurists (See the commentary on As-Sarakhi's As-Siyar Al-Kabir, Volume 1, p. 140; Al-Kasani's Al-Bada'i', Volume 5, p. 281 and Ibn Qudamah's Al-Mughni, Volume 5, p. 516) or a bearer of Islamic nationality, as described by contemporary writers. (See 'Awda, 'Abdul Qadir, Islamic Criminal Legislation, Volume 1, p. 307; Zaydan, 'Abdul Karim, "Ahkam Adh-Dhimmiyyin Wa Al-Musta'minin Fi Dar Al-Islam," pp. 49-51 and 63-66)
What is the Jizyah tax?
It is the duty that a non-Muslim has to pay in order to live in the Muslim land. (Ibn Qudamah, Al Mughni, Volume 12, p. 756)
Who is Required to Pay The Jizyah Tax?
The treaty of protection made by Khalid ibn Al-Walid with the Christians of Al-Hira in Iraq states:
Any aged non-Muslim who is unable to earn his livelihood, or is struck by disaster, or who becomes destitute and is helped by the charity of his fellow men will be exempted from the capitation taxand will be supplied with sustenance by the bait al-mal (the government treasury).(Abu Yusuf, Al-Kharaj, p. 144)
The obligation of paying this tax is also cancelled when non-Muslims participate with Muslims in defending the Islamic state against its enemies. Such conditions were clearly stated in contracts and other documents signed by Muslims and non-Muslims during the reign of Umar ibn Al Khattab.(See Zeidan, 'Abdul Karim, Ahkam-Dhimmiyin Wa Al-Musti'minin Fi Dar Al-Islam, p. 155 ff, and Al-Baladhuri, Futuh Al-Buldan, p. 217, where it is stated that the emissary of Abu 'Ubaida made a compromise with a party of the Christian Jarajima: if they would support the Muslims and keep an eye on their enemies, they would not have to pay the Jizyah)
Should the Islamic state become unable to abide by the contract, it may not collect the Jizyah. This rule was followed by Abu 'Ubaidah when he learned of the situation in several Syrian cities. Syria had fallen into the hands of the Muslims, but as the Romans were gathering troops to regain it, he decided not to undertake the protection of the non-Muslims. The Jizyah was, therefore, returned with the announcement:
We have returned your money to you because we have been informed of the gathering of the enemy troops. You people, according to the conditions stipulated in the contract, have obliged us to protect you. Since we are now unable to fulfill these conditions, we are returning your money to you. We will abide by the conditions as agreed upon if we overcome the enemy. (Related by Abu Yusuf in Al-Kharaj)
Thus, a huge amount was taken from the state treasury and returned to the Christians, making them very happy. They prayed for and blessed the Muslim commanders. They exclaimed,
"May Allah help you to overcome your enemies and return you to us safely. If the enemy were in your place, they would never have returned anything to us, but rather they would have taken all our remaining property. (Imam Tabari, Tarikh At-Tabari, Volume 1, p. 2050)
The Jizyah was also imposed on Muslim men who could afford to buy their way out of military service. If a Christian group elected to serve in the state's military forces, it was exempted from the Jizyah. Historical examples of this abound: the Jarajima, a Christian tribe living near Antioch (now in Turkey), by undertaking to support the Muslims and to fight on the battle front, did not have to pay the Jizyah and were entitled to a share of the captured booty. (Al-Baladhuri, p. 159) When the Islamic conquests reached northern Persia in 22 A.H., a similar covenant was established with a tribe living on the boundaries of those territories. They were consequently exempted from Jizyah in view of their military services. (Ibid.)
Other examples are to be found during the history of the Ottoman Empire: the Migaris, a group of Albanian Christians, were exempted from the Jizyah for undertaking to watch and guard the mountain ranges of Cithaeron and Geraned (which stretch to the Gulf of Corinth). Christians who served as the vanguard of the Turkish army for road repairs, bridge construction and so on were exempted from the kharaj. As a reward, they were also provided with some lands, free of all taxes. (Ibid.) The Christians of Hydra were exempted when they agreed to supply a group of 250 strong men for the (Muslim) naval fleet.(Marsigli, Militare dell'Imperio Ottomano, Volume 1, p. 86) The Armatolis, Christians from southern Romania, were also exempted from the tax, (Finlay, Volume 6, pp. 30-33) for they constituted a vital element in the Turkish armed forces during the sixteenth and seventeenth centuries. The Mirdites, an Albanian Catholic clan who lived in the mountains of northern Scutari, were exempted on the condition that they would offer an armored battalion in wartime. (Lazar, p. 56) The Jizyah was also not imposed on the Greek Christians who had supervised the building of viaducts, (De Lajanquiere, p. 14) which carried to water to Constantinople, (These bridges were built on pillars, to bring drinking water to the cities. This kind of bridge had been prevalent in the Roman Empire since the first century A.D.) nor on those who guarded the ammunition in that city, (Thomas Smith, p. 324) as just compensation for their services to the state. However, Egyptian Muslim peasants exempted from military services were still required to pay the Jizyah. (Dorostamus, p. 326)
So as we can see, not all non-Muslims are required to pay the Jizyah tax. There are conditions which may exempt non-Muslims from paying the Jizyah tax, which could be summarized as follows:
-Women and children are excused absolutely
-Handicapped, blind and old men, even if they are rich
-Needy and mad-men
-Day laborers, servants or wageworkers
-A chronically ill-man even if he is rich
-Religious people who keep themselves free for praying and worshipping, i.e. men of churches, cloisters and oratories
-If a non-Muslim voluntarily participates in military service for protecting the country.
-If the Islamic state becomes unable to protect non-Muslims, then they are legally exonerated from paying the tax.(See Ibnul Qayyim, Ahkam Ahlul Dhimma, Volume1, pp.8, 15 and al-Shafi', al-Umm¸ pp. 172-1)
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