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Jizya

Jizya (Arabic: جِزْيَة jizyah / ǧizyah [d͡ʒɪzjæ]) is a per capita yearly taxation historically levied in the form of financial charge on dhimmis, that is, permanent non-Muslim subjects of a state governed by Islamic law.[1][2][3] The Quran and hadiths mention jizya without specifying its rate or amount,[4] and the application of jizya varied in the course of Islamic history. However, scholars largely agree that early Muslim rulers adapted existing systems of taxation and tribute that were established under previous rulers of the conquered lands, such as those of the Byzantine and Sasanian empires.[5][6][7][8][9]

Historically, the jizya tax has been understood in Islam as a fee for protection provided by the Muslim ruler to non-Muslims, for the exemption from military service for non-Muslims, for the permission to practice a non-Muslim faith with some communal autonomy in a Muslim state, and as material proof of the non-Muslims' submission to the Muslim state and its laws.[10][11][12] Muslim jurists required adult, free, sane males among the dhimma community to pay the jizya,[13] while exempting women, children, elders, handicapped, the ill, the insane, monks, hermits, slaves,[14][15][16][17][18] and musta'mins—non-Muslim foreigners who only temporarily reside in Muslim lands.[14][5] Dhimmis who chose to join military service were also exempted from payment,[1][15][19][20][21][22] as were those who could not afford to pay.[15][23][24] According to Islamic law, elders, handicapped etc, must be given pensions, and they must not go into begging.

Together with kharāj, a term that was sometimes used interchangeably with jizya,[25][26][27] taxes levied on non-Muslim subjects were among the main sources of revenues collected by some Islamic polities, such as the Ottoman Empire and Indian Muslim Sultanates.[28] Jizya rate was usually a fixed annual amount depending on the financial capability of the payer.[29] Sources comparing taxes levied on Muslims and jizya differ as to their relative burden depending on time, place, specific taxes under consideration, and other factors.[1][30][31]

The term appears in the Quran referring to a tax or tribute from People of the Book, specifically Jews and Christians. Followers of other religions like Zoroastrians and Hindus too were later integrated into the category of dhimmis and required to pay jizya. In the Indian Subcontinent the practice was eradicated by the 18th century. It almost vanished during the 20th century with disappearance of Islamic states and spread of religious tolerance.[32] The tax is no longer imposed by nation states in the Islamic world,[33][34] although there are reported cases of organizations such as the Pakistani Taliban and ISIS attempting to revive the practice.[32][35][36]

Etymology and meaning

Commentators disagree on the definition and derivation of the word jizya. Ann Lambton writes that the origins of jizya are extremely complex, regarded by some jurists as "compensation paid by non-Muslims for being spared from death" and by others as "compensation for living in Muslim lands."[37]

Shakir's English translations of the Qur'an render jizya as 'tax', while Pickthall and Arberry translate it as "tribute". Yusuf Ali prefers to transliterate the term as jizyah. Yusuf Ali considered the root meaning of jizya to be "compensation,"[38][39] whereas Muhammad Asad considered it to be "satisfaction."[38]

Al-Raghib al-Isfahani (d. 1108), a classical Muslim lexicographer, writes that jizya is a "tax that is levied on Dhimmis, and it is so named because it is in return for the protection they are guaranteed."[40] He points out that derivatives of the word appear in some Qurʾānic verses as well, such as:[41]

  • "Such is the reward (jazāʾ) of those who purify themselves" (Q 20:76)
  • "While those who believed and did good deeds will have the best of rewards" (Q 18:88)
  • "And the retribution for an evil act is an evil one like it, but whoever pardons and makes reconciliation - his reward is [due] from God" (Q 42:40)
  • "And will reward them for what they patiently endured [with] a garden [in Paradise] and silk [garments]" (Q 76:12)
  • "and be repaid only according to your deeds (Q 37:39)

Muhammad Abdel-Haleem states that the term poll tax does not translate the Arabic word jizya, being also inaccurate in light of the exemptions granted to children, women, etc., unlike a poll tax, which by definition is levied on every individual (poll = head) regardless of gender, age, or ability to pay. He further adds that the root verb of jizya is j-z-y, which means 'to reward somebody for something', 'to pay what is due in return for something' and adds that it is in return for the protection of the Muslim state with all the accruing benefits and exemption from military service, and such taxes on Muslims as zakat.[42]

Historian al-Tabari and the hadith scholar al-Bayhaqi relate that some members of the Christian community asked ʿUmar ibn al-Khattab if they could refer to the jizya as sadaqah, literally 'charity', which he agreed to.[30][43][44] Based on this historical event, the majority of jurists from Shāfiʿīs, Ḥanafīs and Ḥanbalīs state that it is lawful to take the jizya from ahl al-dhimmah by name of zakāt or ṣadaqah, meaning it is not necessary to call the tax that is taken from them by jizya, and also based on the known legal maxim that states, "consideration is granted to objectives and meanings and not to terms and specific wordings."[45]

According to Lane's Lexicon, jizya is the tax that is taken from the free non-Muslim subjects of an Islamic government, whereby they ratify the pact that ensures them protection.[46][47]

Michael G. Morony states that:[48]

[The emergence of] protected status and the definition of jizya as the poll tax on non-Muslim subjects appears to have been achieved only by the early eighth century. This came as a result of growing suspicions about the loyalty of the non-Muslim population during the second civil war and of the literalist interpretation of the Quran by pious Muslims.

Jane Dammen McAuliffe states that jizya, in early Islamic texts, was an annual tribute expected from non-Muslims, and not a poll tax.[49] Similarly, Thomas Walker Arnold writes that jizya originally denoted tribute of any type paid by the non-Muslim subjects of the Arab empire, but that it came later on to be used for the capitation-tax, "as the fiscal system of the new rulers became fixed."[50]

Arthur Stanley Tritton states that both jizya in west, and kharaj in the east Arabia meant 'tribute'. It was also called jawali in Jerusalem.[51][52] Shemesh says that Abu Yusuf, Abu Ubayd ibn al-Sallām, Qudama ibn Jaʿfar, Khatib, and Yahya ibn Adam used the terms Jizya, Kharaj, Ushr and Tasq as synonyms.[53]

Rationale

Payment for protection

According to Abou Al-Fadl and other scholars, classical Muslim jurists and scholars regard the jizya as a special payment collected from certain non-Muslims in return for the responsibility of protection fulfilled by Muslims against any type of aggression,[2][13][11][12][47][54][55][56][57] as well as for non-Muslims being exempt from military service,[13][58][11][12][20][38][42][59][60] and in exchange for the aid provided to poor dhimmis.[31] In a treaty made by Khalid with some towns in the neighborhood of Hirah, he writes: "If we protect you, then jizya is due to us; but if we do not, then it is not due."[61][62][63][64][65] Early Hanafi jurist Abu Yusuf writes:

'After Abu ʿUbaydah concluded a peace treaty with the people of Syria and had collected from them the jizya and the tax for agrarian land (kharāj), he was informed that the Romans were readying for battle against him and that the situation had become critical for him and the Muslims. Abu ʿUbaydah then wrote to the governors of the cities with whom pacts had been concluded that they must return the sums collected from jizya and kharāj and say to their subjects: "We return to you your money because we have been informed that troops are being raised against us. In our agreement you stipulated that we protect you, but we are unable to do so. Therefore, we now return to you what we have taken from you, and we will abide by the stipulation and what has been written down, if God grants us victory over them."'[66][67][68][69]

In accordance with this order, enormous sums were paid back out of the state treasury,[67] and the Christians called down blessings on the heads of the Muslims, saying, "May God give you rule over us again and make you victorious over the Romans; had it been they, they would not have given us back anything, but would have taken all that remained with us."[67][68] Similarly, during the time of the Crusades, Saladin returned the jizya to the Christians of Syria when he was compelled to retract from it.[70] Moreover, the Christian tribe of al-Jurajima, in the neighborhood of Antioch, made peace with the Muslims, promising to be their allies and fight on their side in battle, on condition that they should not be called upon to pay jizya and should receive their proper share of the booty.[21][71] The orientalist Thomas Walker Arnold writes that even Muslims were made to pay a tax if they were exempted from military service, like non-Muslims.[72][73] Thus, the Shafi'i scholar al-Khaṭīb ash-Shirbīniy states: "Military service is not obligatory for non-Muslims – especially for dhimmis since they give jizya so that we protect and defend them, and not so that he defends us."[74] Ibn Hajar al-Asqalani states that there is a consensus amongst Islamic jurists that jizya is in exchange for military service.[75] In the case of war, jizya is seen as an option to end hostilities. According to Abu Kalam Azad, one of the main objectives of jizya was to facilitate a peaceful solution to hostility, since non-Muslims who engaged in fighting against Muslims were thereby given the option of making peace by agreeing to pay jizya. In this sense, jizya is seen as a means by which to legalize the cessation of war and military conflict with non-Muslims.[76] In a similar vein, Mahmud Shaltut states that "jizya was never intended as payment in return for one's life or retaining one's religion, it was intended as a symbol to signify yielding, an end of hostility and a participation in shouldering the burdens of the state."[77]

Other rationales

Modern scholars have also suggested other rationales for the Jizya, both in a historic context, and, among modern Islamist thinkers, as a justification for the use of Jizya in a modern context,[78][79] including:

Historic rationales
  • as a means of inclusion of a non-Muslim dhimmi in a land owned and ruled by a Muslim, where routine payment of jizya was a tool of social stratification and treasury's revenue.[10][not specific enough to verify]
  • as a financial and political incentive for dhimmis to convert to Islam.[10][need quotation to verify] The Muslim jurist and theologian Fakhr al-Din al-Razi suggested in his interpretation of Q.9:29 that jizya is an incentive to convert. Taking it is not intended to preserve the existence of disbelief (kufr) in the world. Rather, he argues, jizya allows the non-Muslim to live amongst Muslims and take part in Islamic civilization in the hope that the non-Muslim will convert to Islam.[80]
  • as a substantial source of revenue for at least some times and places (such as the Umayyad era) and as economically inconsequential in others.[81][82]
  • Asma Afsaruddin also writes that around the end of the 8th century CE, "payment of the jizyah began to be conceptualized by a number of influential jurists as a marker of inferior socio-legal status for the non-Muslim", as "earlier tolerant attitudes toward non-Muslims began to harden".[83]
Modern rationales
  • Sayyid Qutb saw it as punishment for "polytheism".
  • Modern Pakistani scholars have taking the stance of viewing the badge of humiliation or as a mercy for non-Muslims for the protection given to them by the Muslims.[a]
  • Abdul Rahman Doi has interpreted it as a counterpart of the zakat tax paid by Muslims.[78]

In the Qur'an

Jizya is sanctioned by the Qur'an based on the following verse:

1. "Fight those who believe not in God and the Last Day" (qātilū-lladhīna lā yuʾminūna bi-llāhi wa-lā bi-l-yawmi-l-ākhir)

Commenting on this verse, Muhammad Sa'id Ramadan al-Buti says:[86]

[T]he verse commands qitāl (قتال) and not qatl (قتل), and it is known that there is a big distinction between these two words ... For you say 'qataltu (قتلت) so-and-so' if you initiated the fighting, while you say 'qātaltu (قاتلت) him' if you resisted his effort to fight you by a reciprocal fight, or if you forestalled him in that so that he would not get at you unawares.

Muhammad Abdel-Haleem writes that there is nothing in the Qur'an to say that not believing in God and the Last Day is in itself grounds for fighting anyone.[87] Whereas Abū Ḥayyān states "they are so described because their way [of acting] is the way of those who do not believe in God,"[87] Ahmad Al-Maraghī comments:[88]

[F]ight those mentioned when the conditions which necessitate fighting are present, namely, aggression against you or your country, oppression and persecution against you on account of your faith, or threatening your safety and security, as was committed against you by the Byzantines, which was what led to Tabuk.

2. "Do not forbid what God and His Messenger have forbidden" (wa-lā yuḥarrimūna mā ḥarrama-llāhu wa-rasūluh)

The closest and most viable cause must relate to jizya, that is, unlawfully consuming what belongs to the Muslim state, which, al-Bayḍāwī explains, "it has been decided that they should give,"[87][89] since their own scriptures and prophets forbid breaking agreements and not paying what is due to others. His Messenger in this verse has been interpreted by exegetes as referring to Muḥammad or the People of the Book's own earlier messengers, Moses or Jesus. According to Abdel-Haleem, the latter must be the correct interpretation as it is already assumed that the People of the Book did not believe in Muḥammad or forbid what he forbade, so that they are condemned for not obeying their own prophet, who told them to honour their agreements.[87]

3. "Who do not embrace the true faith" or "behave according to the rule of justice" (wa-lā yadīnūna dīna'l-ḥaqq)

A number of translators have rendered the text as "those who do not embrace the true faith/follow the religion of truth" or some variation thereof.[90][91][92][93][94][95][96][97] Muhammad Abdel-Haleem argues against this translation, preferring instead to render dīna'l-ḥaqq as 'rule of justice'.

The main meaning of the Arabic dāna is 'he obeyed', and one of the many meanings of dīn is 'behaviour' (al-sīra wa'l-ʿāda).[87] The famous Arabic lexicographer Fayrūzabādī (d. 817/1415), gives more than twelve meanings for the word dīn, placing the meaning 'worship of God, religion' lower in the list.[87][98] Al-Muʿjam al-wasīṭ gives the following definition: "'dāna' is to be in the habit of doing something good or bad; 'dāna bi- something' is to take it as a religion and worship God through it." Thus, when the verb dāna is used in the sense of 'to believe' or 'to practise a religion', it takes the preposition bi- after it (e.g. dāna bi'l-Islām) and this is the only usage in which the word means religion.[87][99] The jizya verse does not say lā yadīnūna bi-dīni'l-ḥaqq, but rather lā yadīnūna dīna'l-ḥaqq.[87] Abdel-Haleem thus concludes that the meaning that fits the jizya verse is thus 'those who do not follow the way of justice (al-ḥaqq)', i.e. by breaking their agreement and refusing to pay what is due.[87]

4. "Until they pay jizya with their own hands" (ḥattā yu'ṭū-l-jizyata 'an yadin).

Here ʿan yad (from/for/at hand), is interpreted by some to mean that they should pay directly, without intermediary and without delay. Others say that it refers to its reception by Muslims and means "generously" as in "with an open hand," since the taking of the jizya is a form of munificence that averted a state of conflict.[100] al-Ṭabarī gives only one explanation: that 'it means "from their hands to the hands of the receiver" just as we say "I spoke to him mouth to mouth", we also say, "I gave it to him hand to hand"'.[24] M.J. Kister understands 'an yad to be a reference to the "ability and sufficient means" of the dhimmi.[101] Similarly, Rashid Rida takes the word Yad in a metaphorical sense and relates the phrase to the financial ability of the person liable to pay jizya.[38]

5. "While they are subdued" (wa-hum ṣāghirūn).

Mark R. Cohen writes that 'while they are subdued' was interpreted by many to mean the "humiliated state of the non-Muslims".[102] According to Ziauddin Ahmed, in the view of the majority of Fuqahā (Islamic jurists), the jizya was levied on non-Muslims in order to humiliate them for their unbelief.[103] In contrast, Abdel-Haleem writes that this notion of humiliation runs contrary to verses such as, Do not dispute with the People of the Book except in the best manner (Q 29:46), and the Prophetic ḥadīth,[104] 'May God have mercy on the man who is liberal and easy-going (samḥ) when he buys, when he sells, and when he demands what is due to him'.[24] Al-Shafi'i, the founder of the Shafi'i school of law, wrote that a number of scholars explained this last expression to mean that "Islamic rulings are enforced on them."[105][106][107] This understanding is reiterated by the Hanbali jurist Ibn Qayyim al-Jawziyya, who interprets wa-hum ṣāghirūn as making all subjects of the state obey the law and, in the case of the People of the Book, pay the jizya.[58]

In the classical era

Liability and exemptions

Rules for liability and exemptions of jizya formulated by jurists in the early Abbasid period appear to have remained generally valid thereafter.[108][109]

Islamic jurists required adult, free, sane, able-bodied males of military age with no religious functions among the dhimma community to pay the jizya,[13] while exempting women, children, elders, handicapped, monks, hermits, the poor, the ill, the insane, slaves,[13][14][15][16][17] as well as musta'mins (non-Muslim foreigners who only temporarily reside in Muslim lands)[14] and converts to Islam.[37] Dhimmis who chose to join military service were exempted from payment.[1][15][19][21][22] If anyone could not afford this tax, they would not have to pay anything.[15][58][24] Sometimes a dhimmi was exempted from jizya if he rendered some valuable services to the state.[73]

The Hanafi scholar Abu Yusuf wrote, "slaves, women, children, the old, the sick, monks, hermits, the insane, the blind and the poor, were exempt from the tax"[110] and states that jizya should not be collected from those who have neither income nor any property, but survive by begging and from alms.[110] The Hanbali jurist al-Qāḍī Abū Yaʿlā states, "there is no jizya upon the poor, the old, and the chronically ill".[111] Historical reports tell of exemptions granted by the second caliph 'Umar to an old blind Jew and others like him.[13][112][113][114][115][116][117] The Maliki scholar Al-Qurtubi writes that, "there is a consensus amongst Islamic scholars that jizya is to be taken only from heads of free men past puberty, who are the ones fighting, but not from women, the children, the slaves, the insane, and the dying old."[118] The 13th century Shafi'i scholar Al-Nawawī wrote that a "woman, a hermaphrodite, a slave even when partially enfranchised, a minor and a lunatic are exempt from jizya."[119][120] The 14th century Hanbali scholar Ibn Qayyim wrote, "And there is no Jizya upon the aged, one suffering from chronic disease, the blind, and the patient who has no hope of recovery and has despaired of his health, even if they have enough."[121] Ibn Qayyim adds, referring to the four Sunni maddhabs: "There is no Jizya on the kids, women and the insane. This is the view of the four imams and their followers. Ibn Mundhir said, 'I do not know anyone to have differed with them.' Ibn Qudama said in al-Mughni, 'We do not know of any difference of opinion among the learned on this issue."[122] In contrast, the Shāfi'ī jurist Al-Nawawī wrote: "Our school insists upon the payment of the poll-tax by sickly persons, old men, even if decrepit, blind men, monks, workmen, and poor persons incapable of exercising a trade. As for people who seem to be insolvent at the end of the year, the sum of the poll tax remained as debt to their account until they should become solvent."[119][120] Abu Hanifa, in one of his opinions, and Abu Yusuf held that monks were subject to jizya if they worked.[123] Ibn Qayyim stated that the dhahir opinion of Ibn Hanbal is that peasants and cultivators were also exempted from jizya.[124]

Though jizya was mandated initially for People of the Book (Judaism, Christianity, Sabianism), it was extended by Islamic jurists to all non-Muslims.[125][126] Thus Muslim rulers in India, with the exception of Akbar, collected jizya from Hindus, Buddhists, Jains and Sikhs under their rule.[127][not specific enough to verify][128][129] While early Islamic scholars like Abu Hanifa and Abu Yusuf stated that jizya should be imposed on all non-Muslims without distinction, some later and more extremist jurists do not permit jizya for idolators and instead only allowed the choice of conversion to avoid death.[130]

The sources of jizya and the practices varied significantly over Islamic history.[131][132] Shelomo Dov Goitein states that the exemptions for the indigent, the invalids and the old were no longer observed in the milieu reflected by the Cairo Geniza and were discarded even in theory by the Shāfi'ī jurists who were influential in Egypt at the time.[133] According to Kristen A. Stilt, historical sources indicate that in Mamluk Egypt, poverty did "not necessarily excuse" the dhimmi from paying the tax, and boys as young as nine years old could be considered adults for tax purposes, making the tax particularly burdensome for large, poor families.[134] Ashtor and Bornstein-Makovetsky infer from Geniza documents that jizya was also collected in Egypt from the age of nine in the 11th century.[135]

Rate of the jizya tax

The rates of jizya were not uniform,[83] as Islamic scripture gave no fixed limits to the tax.[136] By the time of Mohammed, the jiyza rate was one dinar per year imposed on male dhimmis in Medina, Mecca, Khaibar, Yemen, and Nejran.[137] According to Muhammad Hamidullah, the rate was ten dirhams per year "in the time of the Prophet", but this amounted to only "the expenses of an average family for ten days".[138] Abu Yusuf, the chief qadhi of the caliph Harun al-Rashid, states that there was no amount permanently fixed for the tax, though the payment usually depended on wealth: the Kitab al-Kharaj of Abu Yusuf sets the amounts at 48 dirhams for the richest (e.g. moneychangers), 24 for those of moderate wealth, and 12 for craftsmen and manual laborers.[139][140] Moreover, it could be paid in kind if desired;[58][141][142] cattle, merchandise, household effects, even needles were to be accepted in lieu of specie (coins),[143] but not pigs, wine, or dead animals.[142][143]

The jizya varied in accordance with the affluence of the people of the region and their ability to pay. In this regard, Abu Ubayd ibn Sallam comments that the Prophet imposed 1 dinar (then worth 10 or 12 dirhams) upon each adult in Yemen. This was less than what Umar imposed upon the people of Syria and Iraq, the higher rate being due to the Yemenis greater affluence and ability to pay.[144]

The rate of jizya that were fixed and implemented by the second caliph of the Rashidun Caliphate, namely 'Umar bin al-Khattab, during the period of his Khilafah, were small amounts: four dirhams from the rich, two dirhams from the middle class and only one dirham from the active poor who earned by working on wages, or by making or vending things.[145]

The 13th-century scholar Al-Nawawī writes, "The minimum amount of the jizya is one dinar per person per annum; but it is commendable to raise the amount, if it be possible to two dinars, for those possessed of moderate means, and to four for rich persons."[146] Abu 'Ubayd insists that the dhimmis must not be burdened beyond their capacity, nor must they be caused to suffer.[147]

Scholar Ibn Qudamah (1147 - 7 July 1223) narrates three views on what the rates of jizya should be.

  1. That it is a fixed amount that can't be changed, a view that is reportedly shared by scholars of fiqh Abu Hanifa and al-Shafi'i.
  2. That it is up to the Imam (Muslim ruler) to make ijtihād (independent reasoning) so as to decide whether to add or decrease. He gives the example of 'Umar making particular amounts for each class (the rich, the middle class and the active poor).
  3. That there should be a strict minimum to be one dinar, but there is no upper limit.[148]

Scholar Ibn Khaldun (1332 – 17 March 1406) states that jizya has fixed limits that cannot be exceeded.[149] In the classical manual of Shafi'i fiqh Reliance of the Traveller it is stated that, "[t]he minimum non-Muslim poll tax is one dinar (n: 4.235 grams of gold) per person (A: per year). The maximum is whatever both sides agree upon."[150][151]

Collection methods

Ann Lambton states that the jizya was to be paid "in humiliating conditions".[37] Ennaji and other scholars state that some jurists required the jizya to be paid by each in person, by presenting himself, arriving on foot not horseback, by hand, in order to confirm that he lowers himself to being a subjected one, and willingly pays.[152][153][154] According to Mark R. Cohen, the Quran itself does not prescribe humiliating treatment for the dhimmi when paying Jizya, but some later Muslims interpreted it to contain "an equivocal warrant for debasing the dhimmi (non-Muslim) through a degrading method of remission".[155] In contrast, the 13th century hadith scholar and Shafi'ite jurist Al-Nawawī, comments on those who would impose a humiliation along with the paying of the jizya, stating, "As for this aforementioned practice, I know of no sound support for it in this respect, and it is only mentioned by the scholars of Khurasan. The majority of scholars say that the jizya is to be taken with gentleness, as one would receive a debt. The reliably correct opinion is that this practice is invalid and those who devised it should be refuted. It is not related that the Prophet or any of the rightly-guided caliphs did any such thing when collecting the jizya."[112][156][157] Ibn Qudamah also rejected this practice and noted that Muhammad and the Rashidun caliphs encouraged that jizya be collected with gentleness and kindness.[112][158][159]

The Maliki scholar Al-Qurtubi states, "their punishment in case of non-payment [of jizya] while they were able [to do so] is permitted; however, if their inability to pay it was clear then it isn't lawful to punish them, since, if one isn't able to pay the jizya, then he is exempted".[160] According to Abu Yusuf, jurist of the fifth Abbasid Caliph Harun al-Rashid, those who didn't pay jizya should be imprisoned and not be let out of custody until payment; however, the collectors of the jizya were instructed to show leniency and avoid corporal punishment in case of non-payment.[140] If someone had agreed to pay jizya, leaving Muslim territory for enemy land was, in theory, punishable by enslavement if they were ever captured. This punishment did not apply if the person had suffered injustices from Muslims.[161]

Failure to pay the jizya was commonly punished by house arrest and some legal authorities allowed enslavement of dhimmis for non-payment of taxes.[162][163][164] In South Asia, for example, seizure of dhimmi families upon their failure to pay annual jizya was one of the two significant sources of slaves sold in the slave markets of Delhi Sultanate and Mughal era.[165]

Use of jizya tax

Jizya was considered one of the basic tax revenues for the early Islamic state along with zakat, kharaj, and others,[166] and was collected by the Bayt al-Mal (public treasury).[167] Holger Weiss states that four-fifths of the fay revenue, that is jizya and kharaj, goes to the public treasury according to the Shafi'i madhhab, whereas the Hanafi and Maliki madhhabs state that the entire fay goes to the public treasury.[168]

In theory, jizya funds were distributed as salaries for officials, pensions to the army and charity.[169] Cahen states, "But under this pretext it was often paid into the Prince's khass, "private" treasury."[169] In later times, jizya revenues were commonly allocated to Islamic scholars so that they would not have to accept money from sultans whose wealth came to be regarded as tainted.[37]

Sources disagree about expenditure of jizya funds on non-Muslims. Ann Lambton states that non-Muslims had no share in the benefits from the public treasury derived from jizya.[37] In contrast, according to several Muslim scholars, Islamic tradition records a number of episodes in which the second caliph Umar stipulated that needy and infirm dhimmis be supported from the Bayt al-Mal, which some authors hold to be representative of Islam.[112][114][115][117][170][171] Evidence of jizya benefitting non-residents and temporary residents of an Islamic state is found in the treaty Khalid bin al-Walid concluded with the people of Al-Hirah of Iraq, wherein any aged person who was weak, had lost his or her ability to work, fallen ill, or who had been rich but became poor, would be exempt from jiyza and his or livelihood and the livelihood of his or her dependents, who were not living permanently in the Islamic state, would be met by Bayt al-Mal.[172][173][174][175][176][177][178] Hasan Shah states that non-Muslim women, children, indigent, slaves, aren't only exempted from the payment of jizya, but they are also helped by stipends from the public treasury when necessary.[62]

At least in the early Islamic era of the Umayyad the levy of Jizya was sufficiently onerous for non-Muslims and its revenue sufficiently significant for rulers that there were more than a few accounts of non-Muslims seeking to convert to avoid paying it and revenue conscious authorities denying them this opportunity.[81] Robert Hoyland mentions repeated complaints by fiscal agents of revenues diminishing as conquered people converting to Islam, of peasants attempting to convert and join the military but being rounded up and sent back to the countryside to pay taxes, and governors circumventing the exemption on jizya for converts by requiring recitation of the Quran and circumcision.[81]

Patricia Seed describes the purpose of jizya as "a personal form of ritual humiliation directed at those defeated by a superior Islam" quoting the Quranic verse calling for jizya: "Fight those who believe not in Allah ... nor acknowledge the religion of truth ... until they pay the jizya with willing submission and feel themselves subdued" (noting that the word translated as "subdued" -- ṣāghirūn—comes from the root ṣ-gh-r (small, little, belittled, or humbled)).[179] Seed calls the idea that jizya was a contribution to help pay for the "military defense" of those who paid not a rationale but a rationalization, one often found in societies were the conquered paid tribute to conquerors.[180]

History

Origins

The history of the origins of the jizya is very complex for the following reasons:[181]

  • Abbasid-era authors who systematized earlier historical writings, where the term jizya was used with different meanings, interpreted it according to the usage common in their own time;
  • the system established by the Arab conquest was not uniform, but rather resulted from a variety of agreements or decisions;
  • the earlier systems of taxation on which it was based are still imperfectly understood.[181]

William Montgomery Watt traces its origin to a pre-Islamic practice among the Arabian nomads wherein a powerful tribe would agree to protect its weaker neighbors in exchange for a tribute, which would be refunded if the protection proved ineffectual.[182] Robert Hoyland describes it as a poll tax originally paid by "the conquered people" to the mostly Arab conquerors, but which later became a "religious tax, payable only by non-Muslims".[183]

Jews and Christians in some southern and eastern areas of the Arabian peninsula began to pay tribute, called jizya, to the Islamic state during Muhammad's lifetime.[184] It was not originally the poll tax it was to become later, but rather an annual percentage of produce and a fixed quantity of goods.[184]

During the Tabuk campaign of 630 Muhammad sent letters to four towns in the northern Hejaz and Palestine urging them to relinquish maintenance of a military force and rely on Muslims to ensure their security in return for payment of taxes.[185] Moshe Gil argues that these texts represent the paradigm of letters of security that would be issued by Muslim leaders during the subsequent early conquests, including the use of the word jizya, which would later take on the meaning of poll tax.[185]

Jizya received divine sanction in 630 when the term was mentioned in a Quranic verse (9:29).[184] Max Bravmann argues that the Quranic usage of the word jizya develops a pre-Islamic common-law principle which states that reward must necessarily follow a discretional good deed into a principle mandating that the life of all prisoners of war belonging to a certain category must be spared provided they grant the "reward" (jizya) to be expected for an act of pardon.[186]

In 632 jizya in the form of a poll tax was first mentioned in a document reportedly sent by Muhammad to Yemen.[184] W. Montgomery Watt has argued that this document was tampered with by early Muslim historians to reflect a later practice, while Norman Stillman holds it to be authentic.[184]

Emergence of classical taxation system

Taxes levied on local populations in the wake of early Islamic conquests could be of three types, based on whether they were levied on individuals, on the land, or as collective tribute.[181] During the first century of Islamic expansion, the words jizya and kharaj were used in all these three senses, with context distinguishing between individual and land taxes ("kharaj on the head," "jizya on land," and vice versa).[181][187] In the words of Dennett, "since we are talking in terms of history, not in terms of philology, the problem is not what the taxes were called, but what we know they were."[188] Regional variations in taxation at first reflected the diversity of previous systems.[189] The Sasanian Empire had a general tax on land and a poll tax having several rates based on wealth, with an exemption for aristocracy.[189] In Iraq, which was conquered mainly by force, Arabs controlled taxation through local administrators, keeping the graded poll tax, and likely increasing its rates to 1, 2 and 4 dinars.[189] The aristocracy exemption was assumed by the new Arab-Muslim elite and shared by local aristocracy by means of conversion.[189][190] The nature of Byzantine taxation remains partly unclear, but it appears to have involved taxes computed in proportion to agricultural production or number of working inhabitants in population centers.[189] In Syria and upper Mesopotamia, which largely surrendered under treaties, taxes were calculated in proportion to the number of inhabitants at a fixed rate (generally 1 dinar per head).[189] They were levied as collective tribute in population centers which preserved their autonomy and as a personal tax on large abandoned estates, often paid by peasants in produce.[189] In post-conquest Egypt, most communities were taxed using a system which combined a land tax with a poll tax of 2 dinars per head.[189] Collection of both was delegated to the community on the condition that the burden be divided among its members in the most equitable manner.[189] In most of Iran and Central Asia local rulers paid a fixed tribute and maintained their autonomy in tax collection, using the Sasanian dual tax system in regions like Khorasan.[189]

Difficulties in tax collection soon appeared.[189] Egyptian Copts, who had been skilled in tax evasion since Roman times, were able to avoid paying the taxes by entering monasteries, which were initially exempt from taxation, or simply by leaving the district where they were registered.[189] This prompted imposition of taxes on monks and introduction of movement controls.[189] In Iraq, many peasants who had fallen behind with their tax payments, converted to Islam and abandoned their land for Arab garrison cities in hope of escaping taxation.[189][191] Faced with a decline in agriculture and a treasury shortfall, the governor of Iraq al-Hajjaj forced peasant converts to return to their lands and subjected them to the taxes again, effectively forbidding peasants to convert to Islam.[192] In Khorasan, a similar phenomenon forced the native aristocracy to compensate for the shortfall in tax collection out of their own pockets, and they responded by persecuting peasant converts and imposing heavier taxes on poor Muslims.[192]

The situation where conversion to Islam was penalized in an Islamic state could not last, and the devout Umayyad caliph Umar II has been credited with changing the taxation system.[192] Modern historians doubt this account, although details of the transition to the system of taxation elaborated by Abbasid-era jurists are still unclear.[192] Umar II ordered governors to cease collection of taxes from Muslim converts,[193] but his successors obstructed this policy. Some governors sought to stem the tide of conversions by introducing additional requirements such as undergoing circumcision and the ability to recite passages from the Quran.[191] According to Hoyland, taxation-related grievances of non-Arab Muslims contributed to the opposition movements which resulted in the Abbasid revolution.[194] In contrast, Dennett states that it is incorrect to postulate an economic interpretation of the Abbasid revolution. The notion of an Iranian population staggering under a burden of taxation and ready to revolt at the first opportunity, as imagined by Gerlof van Vloten, "will not bear the light of careful investigation", he continues.[195]

Under the new system that was eventually established, kharaj came to be regarded as a tax levied on the land, regardless of the taxpayer's religion.[192] The poll-tax was no longer levied on Muslims, but treasury did not necessarily suffer and converts did not gain as a result, since they had to pay zakat, which was instituted as a compulsory tax on Muslims around 730.[192][196] The terminology became specialized during the Abbasid era, so that kharaj no longer meant anything more than land tax, while the term "jizya" was restricted to the poll-tax on dhimmis.[192]

India

 
Indian Emperor Aurangzeb, who re-introduced jizya

In India, Islamic rulers imposed jizya on non-Muslims starting with the 11th century.[197] The taxation practice included jizya and kharaj taxes. These terms were sometimes used interchangeably to mean poll tax and collective tribute, or just called kharaj-o-jizya.[198]

Jizya expanded with Delhi Sultanate. Alauddin Khilji, legalized the enslavement of the jizya and kharaj defaulters. His officials seized and sold these slaves in growing Sultanate cities where there was a great demand of slave labour.[199] The Muslim court historian Ziauddin Barani recorded that Qazi Mughisuddin of Bayanah advised Alā' al-Dīn that Islam requires imposition of jizya on Hindus, to show contempt and to humiliate the Hindus, and imposing jizya is a religious duty of the Sultan.[200]

During the early 14th century reign of Muhammad bin Tughlaq, expensive invasions across India and his order to attack China by sending a portion of his army over the Himalayas, emptied the precious metal in Sultanate's treasury.[201][202] He ordered minting of coins from base metals with face value of precious metals. This economic experiment failed because Hindus in his Sultanate minted counterfeit coins from base metal in their homes, which they then used for paying jizya.[201][203] In the late 14th century, mentions the memoir of Tughlaq dynasty's Sultan Firoz Shah Tughlaq, his predecessor taxed all Hindus but had exempted all Hindu Brahmins from jizya; Firoz Shah extended it to also include the Brahmins at a reduced rate.[204][205] He also announced that any Hindus who converted to Islam would become exempt from taxes and jizya as well as receive gifts from him.[204][206] On those who chose to remain Hindus, he raised jizya tax rate.[204]

In Kashmir, Sikandar Butshikan levied jizya on those who objected to the abolition of hereditary varnas, allegedly at the behest of his neo-convert minister Suhabhatta.[207][208] Ahmad Shah (1411-1442), a ruler of Gujarat, introduced the Jizyah in 1414 and collected it with such strictness that many people converted to Islam to evade it.[209]

Jizya was later abolished by the third Mughal emperor Akbar, in 1579.[210] However, in 1679, Aurangzeb chose to re-impose jizya on non-Muslim subjects in lieu of military service, a move that was sharply critiqued by many Hindu rulers and Mughal court-officials.[211][210][212][213] The specific amount varied with the socioeconomic status of a subject and tax-collection were often waived for regions hit by calamities; also, monks, musta'mins, women, children, elders, the handicapped, the unemployed, the ill, and the insane were all perpetually exempted.[214][212][215] The collectors were mandated to be Muslims.[210] In some areas revolts led to its periodic suspension such as the 1704 AD suspension of jizya in Deccan region of India by Aurangzeb.[216]

Southern Italy

After the Norman conquest of Sicily, taxes imposed on the Muslim minority were also called the jizya (locally spelled gisia).[217] This poll tax was a continuation of the jizya imposed on non-Muslims in the Emirate of Sicily and Bari by Islamic rulers of the southern Italy, before the Norman conquest.[217]

Ottoman Empire

 
A jizya document from 17th century Ottoman Empire.

Jizya collected from Christian and Jewish communities was among the main sources of tax income of the Ottoman treasury.[28] In some regions, such as Lebanon and Egypt, jizya was payable collectively by the Christian or the Jewish community, and was referred to as maqtu—in these cases the individual rate of jizya tax would vary, as the community would pitch in for those who could not afford to pay.[218][219][page needed]

The Ottoman state also collected Jizya from Muslim and non-Muslim groups they registered as Gypsy (Kıpti), such as Roma in Western Anatolia and Balkans and Abdals, Doms and Loms in Kastamonu, Çankırı-Tosya, Ankara, Malatya, Harput, Antep, and Aleppo no later than late 17th century. Abdals and Tahtacıs in Teke (Antalya) were affiliated with another fiscal category, ifraz-ı zulkadriyye, until 1858, when the Ottoman reformers incorporated the fixed tax of relevant groups into the Gypsy poll tax [220]

Abolition

In Persia, jizya was paid by the Zoroastrian minority until 1884, when it was removed by pressure on the Qajar government from the Persian Zoroastrian Amelioration Fund.[221]

The jizya was eliminated in Algeria and Tunisia in the 19th century, but continued to be collected in Morocco until the first decade of the 20th century (these three dates of abolition coincide with the French colonization of these countries).[222]

The Ottoman Empire abolished the jizya in 1856. It was replaced with a new tax, which non-Muslims paid in lieu of military service. It was called baddal-askari (lit. 'military substitution'), a tax exempting Jews and Christians from military service. The Jews of Kurdistan, according to the scholar Mordechai Zaken, preferred to pay the "baddal" tax in order to redeem themselves from military service. Only those incapable of paying the tax were drafted into the army. Zaken says that paying the tax was possible to an extent also during the war and some Jews paid 50 gold liras every year during World War I. According to Zaken, "in spite of the forceful conscription campaigns, some of the Jews were able to buy their exemption from conscription duty." Zaken states that the payment of the baddal askari during the war was a form of bribe that bought them at most a one-year deferment."[223]

Recent times

The jizya is no longer imposed by Muslim states.[33][169] Nevertheless, there have been reports of non-Muslims in areas controlled by the Pakistani Taliban and ISIS being forced to pay the jizya.[32][36]

In 2009, officials in the Peshawar region of Pakistan claimed that members of the Taliban forced the payment of jizya from Pakistan's minority Sikh community after occupying some of their homes and kidnapping a Sikh leader.[224] In 2014, the Islamic State of Iraq and the Levant (ISIL) announced that it intended to extract jizya from Christians in the city of Raqqa, Syria, which it controlled.

In June, the Institute for the Study of War reported that ISIL claims to have collected the fay, i.e. jizya and kharaj.[225]

The late Islamic scholar Abul A'la Maududi, of Pakistan, said that Jizya should be re-imposed on non-Muslims in a Muslim nation.[79] Yusuf al-Qaradawi of Egypt also held that position in the mid-1980s;[226] however, he later reconsidered his legal opinion on this point, stating: "[n]owadays, after military conscription has become compulsory for all citizens—Muslims and non-Muslims—there is no longer room for any payment, whether by name of jizya or any other."[227] According to Khaled Abou El Fadl, moderate Muslims generally reject the dhimma system, which encompasses jizya, as inappropriate for the age of nation-states and democracies.[34]

Assessment and historical context

Some authors have characterized the complex of land and poll taxes in the pre-Abbasid era and implementation of the jizya poll tax in early modern South Asia as discriminatory and/or oppressive,[228][229][230][231][232] and the majority of Islamic scholars, amongst whom are Al-Nawawi and Ibn Qudamah, have criticized humiliating aspects of its collection as contrary to Islamic principles.[112][156][233][234] Discriminatory regulations were utilized by many pre-modern polities.[235] However, W. Cleveland and M. Bunton assert that dhimma status represented "an unusually tolerant attitude for the era and stood in marked contrast to the practices of the Byzantine Empire". They add that the change from the Byzantine and Persian rule to Arab rule lowered taxes and allowed dhimmis to enjoy a measure of communal autonomy.[236] According to Bernard Lewis, available evidence suggests that the change from Byzantine to Arab rule was "welcomed by many among the subject peoples, who found the new yoke far lighter than the old, both in taxation and in other matters".[237]

Ira Lapidus writes that the Arab-Muslim conquests followed a general pattern of nomadic conquests of settled regions, whereby conquering peoples became the new military elite and reached a compromise with the old elites by allowing them to retain local political, religious, and financial authority.[238] Peasants, workers, and merchants paid taxes, while members of the old and new elites collected them.[238] Payment of various taxes, the total of which for peasants often reached half of the value of their produce, was not only an economic burden, but also a mark of social inferiority.[238]

Norman Stillman writes that although the tax burden of the Jews under early Islamic rule was comparable to that under previous rulers, Christians of the Byzantine Empire (though not Christians of the Persian empire, whose status was similar to that of the Jews) and Zoroastrians of Iran shouldered a considerably heavier burden in the immediate aftermath of the Arab conquests.[229] He writes that escape from oppressive taxation and social inferiority was a "great inducement" to conversion and flight from villages to Arab garrison towns, and many converts to Islam "were sorely disappointed when they discovered that they were not to be permitted to go from being tribute bearers to pension receivers by the ruling Arab military elite," before their numbers forced an overhaul of the economic system in the 8th century.[229]

The influence of jizya on conversion has been a subject of scholarly debate.[239] Julius Wellhausen held that the poll tax amounted to so little that exemption from it did not constitute sufficient economic motive for conversion.[240] Similarly, Thomas Arnold states that jizya was "too moderate" to constitute a burden, "seeing that it released them from the compulsory military service that was incumbent on their Muslim fellow subjects." He further adds that converts escaping taxation would have to pay the legal alms, zakat, that is annually levied on most kinds of movable and immovable property.[241] Other early 20th century scholars suggested that non-Muslims converted to Islam en masse in order to escape the poll tax, but this theory has been challenged by more recent research.[239] Daniel Dennett has shown that other factors, such as desire to retain social status, had greater influence on this choice in the early Islamic period.[239] According to Halil İnalcık, the wish to avoid paying the jizya was an important incentive for conversion to Islam in the Balkans, though Anton Minkov has argued that it was only one among several motivating factors.[239]

Mark R. Cohen writes that despite the humiliating connotations and the financial burden, the jizya paid by Jews under Islamic rule provided a "surer guarantee of protection from non-Jewish hostility" than that possessed by Jews in the Latin West, where Jews "paid numerous and often unreasonably high and arbitrary taxes" in return for official protection, and where treatment of Jews was governed by charters which new rulers could alter at will upon accession or refuse to renew altogether.[242] The Pact of Umar, which stipulated that Muslims must "do battle to guard" the dhimmis and "put no burden on them greater than they can bear", was not always upheld, but it remained "a steadfast cornerstone of Islamic policy" into early modern times.[242]

Yaser Ellethy states that the "insignificant amount" of the jizya, as well as its progressive structure and exemptions leave no doubt that it was not imposed to persecute people or force them to convert.[15] Niaz A. Shah states that jizya is "partly symbolic and partly commutation for military service. As the amount is insignificant and exemptions are many, the symbolic nature predominates."[22] Muhammad Abdel-Haleem states, "[t]he jizya is a very clear example of the acceptance of a multiplicity of cultures within the Islamic system, which allowed people of different faiths to live according to their own faiths, all contributing to the well-being of the state, Muslims through zakāt, and the ahl al-dhimma through jizya."[243]

In 2016, Muslim scholars from more than 100 countries signed the Marrakesh Declaration, a document that called for a new Islamic jurisprudence based on modern nation-based notions of citizenship, the opposite of what is written in the Qur'an, recognizing that the dhimmī system is obsolete in the modern era.[83]

See also

References

Notes

  1. ^ In view of the general body of the Fuquha, it is imposed upon the non-Muslims as a badge of humiliation for their unbelief, or by way of mercy for protection given to them by the Muslims.[82]

Citations

  1. ^ a b c d Abdel-Haleem, Muhammad (2010). Understanding the Qur'ān: Themes and Style. I. B. Tauris & Co Ltd. pp. 70, 79. ISBN 978-1845117894.
  2. ^ a b Abou Al-Fadl 2002, p. 21. "When the Qur'an was revealed, it was common inside and outside of Arabia to levy poll taxes against alien groups. Building upon the historical practice, classical Muslim jurists argued that the poll tax is money collected by the Islamic polity from non-Muslims in return for the protection of the Muslim state. If the Muslim state was incapable of extending such protection to non-Muslims, it was not supposed to levy a poll tax."
  3. ^ Jizyah The Oxford Dictionary of Islam (2010), Oxford University Press, Quote: Jizyah: Compensation. Poll tax levied on non-Muslims, such as Jews and Christians, as a form of tribute and in exchange for an exemption from military service, based on Quran 9:29.
  4. ^ Sabet, Amr (2006), The American Journal of Islamic Social Sciences 24:4, Oxford; pp. 99–100.
  5. ^ a b Bowering, Gerhard; Crone, Patricia; Mirza, Mahan; et al., eds. (2013). The Princeton encyclopedia of Islamic political thought. Princeton, N.J.: Princeton University Press. p. 283. ISBN 978-0691134840. Free adult males who were not afflicted by any physical or mental illness were required to pay the jizya. Women, children, handicapped, the mentally ill, the elderly, and slaves were exempt, as were all travelers and foreigners who did not settle in Muslim lands. [...] As Islam spread, previous structures of taxation were replaced by the Islamic system, but Muslim leaders often adopted practices of the previous regimes in the application and collection of taxes.
  6. ^ Bravmann 2009, pp. 199–201, 204–5, 207–12.
  7. ^ Mohammad, Gharipour (2014). Sacred Precincts: The Religious Architecture of Non-Muslim Communities Across the Islamic World. BRILL. p. XV. ISBN 978-9004280229. Sources indicate that the taxation system of early Islam was not necessarily an innovation of Muslims; it appears that 'Umar adopted the same tax system as was common at the time of the conquest of that territory. The land tax or kharaj was an adapted version of the tax system used in Sassanid Persia. In Syria, 'Umar followed the Byzantine system of collecting two taxes based on the account of lands and heads.
  8. ^ Shah 2008, p. 20. "Jizia was not a specific Islamic invention but was the norm of the time. "Several of the early caliphs made peace treaties with the Byzantine Empire some of which even required them to pay tribute [Jizia] to the Byzantines" (Streusand, 1997)."
  9. ^ Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. p. 59 ff. There is evidence to show that the Arab conquerors left unchanged the fiscal system that they found prevailing in the lands they conquered from the Byzantines, and that the explanation of jizyah as a capitation-tax is an invention of later jurists, ignorant of the true condition of affairs in the early days of Islam. (Caetani, vol. iv. p. 610 (§ 231); vol. v. p. 449.) H.Lammens: Ziād ibn Abīhi. (Rivista degli Studi Orientali, vol. iv. p. 215.) (online)
  10. ^ a b c Anver M. Emon (26 July 2012). Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law. Oxford University Press. pp. 99–109. ISBN 978-0199661633.
  11. ^ a b c Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. pp. 60–1. This tax was not imposed on the Christians, as some would have us think, as a penalty for their refusal to accept the Muslim faith, but was paid by them in common with the other dhimmīs or non-Muslim subjects of the state whose religion precluded them from serving in the army, in return for the protection secured for them by the arms of the Musalmans. (online) Non-Muslims Paying Jizyah In a State of Humiliation by Bassam Zawadi https://www.call-to-monotheism.com/non_muslims_paying_jizyah_in_a_state_of_humiliation
  12. ^ a b c Esposito 1998, p. 34. "They replaced the conquered countries, indigenous rulers and armies, but preserved much of their government, bureaucracy, and culture. For many in the conquered territories, it was no more than an exchange of masters, one that brought peace to peoples demoralized and disaffected by the casualties and heavy taxation that resulted from the years of Byzantine-Persian warfare. Local communities were free to continue to follow their own way of life in internal, domestic affairs. In many ways, local populations found Muslim rule more flexible and tolerant than that of Byzantium and Persia. Religious communities were free to practice their faith to worship and be governed by their religious leaders and laws in such areas as marriage, divorce, and inheritance. In exchange, they were required to pay tribute, a poll tax (jizya) that entitled them to Muslim protection from outside aggression and exempted them from military service. Thus, they were called the "protected ones" (dhimmi). In effect, this often meant lower taxes, greater local autonomy, rule by fellow Semites with closer linguistic and cultural ties than the hellenized, Greco-Roman élites of Byzantium, and greater religious freedom for Jews and indigenous Christians."
  13. ^ a b c d e f M. Zawati, Hilmi (2002). Is Jihād a Just War?: War, Peace, and Human Rights Under Islamic and Public International Law (Studies in religion & society). Edwin Mellen Press. pp. 63–4. ISBN 978-0773473041.
  14. ^ a b c d Wael, B. Hallaq (2009). Sharī'a: Theory, Practice and Transformations. Cambridge University Press. pp. 332–3. ISBN 978-0-521-86147-2.
  15. ^ a b c d e f g Ellethy 2014, p. 181. "[...] the insignificant amount of this yearly tax, the fact that it was progressive, that elders, poor people, handicapped, women, children, monks and hermits were exempted, leave no doubt about exploitation or persecution of those who did not accept Islam. Comparing its amount to the obligatory zaka which an ex-dhimmi should give to the Muslim state in case he converts to Islam dismisses the claim that its aim was forced conversions to Islam."
  16. ^ a b Alshech, Eli (2003). "Islamic Law, Practice, and Legal Doctrine: Exempting the Poor from the Jizya under the Ayyubids (1171-1250)". Islamic Law and Society. 10 (3): 348–375. doi:10.1163/156851903770227584. ...jurists divided the dhimma community into two major groups. The first group consists of all adult, free, sane males among the dhimma community, while the second includes all other dhimmas (i.e., women, slaves, minors, and the insane). Jurists generally agree that members of the second group are to be granted a "blanket" exemption from jizya payment.
  17. ^ a b Rispler-Chaim, Vardit (2007). Disability in Islamic law. Dordrecht, the Netherlands: Springer. p. 44. ISBN 978-1402050527. The Hanbali position is that boys, women, the mentally insane, the zamin, and the blind are exempt from paying jizya. This view is supposedly shared by the Hanafis, Shafi'is, and Malikis.
  18. ^ Majid Khadduri, War and Peace in the Law of Islam, pp. 192-3.
  19. ^ a b Mapel, D.R. and Nardin, T., eds. (1999), International Society: Diverse Ethical Perspectives, p. 231. Princeton University Press. ISBN 9780691049724. Quote: "Jizya was levied upon dhimmis in compensation for their exemption from military service in the Muslim forces. If dhimmis joined Muslims in their mutual defense against an outside aggressor, the jizya was not levied."
  20. ^ a b ʿImāra, Muhammad (2003). al-Islām wa'l-ʿaqalliyyāt الاسلام والأقليات (in Arabic). Cairo: Maktabat al-Shurūk al-Dawliyya. p. 15. Quote: «ولأن (الجزية) هي (بدل جندية)، لا تُؤخذ إلا من القادرين ماليًا، الذين يستطيعون حمل السلاح وأداء ضريبة القتال دفاعًا عن الوطن، وليست (بدلاً من الإيمان بالإسلام) وإلا لفرضت على الرهبان و رجال الدين .. وبدليل أن الذين اختاروا أداء ضريبة الجندية في صفوف المسلمين، ضد الفرس والروم، وهم على دياناتهم غير الإسلامية - فى الشام .. والعراق .. ومصر - لم تفرض عليهم الجزية، وإنما اقتسموا مع المسلمين الغنائم على قدم المساواة..» Translation: "And since the jizya is in exchange for military service, it is taken only from those who are financially capable, and those who are able to take arms and do military service in defense of a country, and it isn't in exchange for not embracing Islam otherwise [the jizya] would have been taken from monks and the clergy .. and also since those who did volunteer to fight with the Muslims, against the Persians and Byzantines, and who professed a religion other than Islam – in the Levant, Iraq and Egypt – were exempted from the jizya and shared equally the battle gains with the Muslims..." (online)
  21. ^ a b c Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. pp. 61–2. ... the jizyah was levied on the able-bodied males, in lieu of the military service they would have been called upon to perform had they been Musalmans; and it is very noticeable that when any Christian people served in the Muslim army, they were exempted from the payment of this tax. Such was the case with the tribe of al-Jurājima, a Christian tribe in the neighborhood of Antioch who made peace with the Muslims, promising to be their allies and fight on their side in battle, on condition that they should not be called upon to pay jizyah and should receive their proper share of the booty. (online)
  22. ^ a b c Shah 2008, pp. 19–20.
  23. ^ Ghazi, Kalin & Kamali 2013, pp. 240–1.
  24. ^ a b c d Abdel-Haleem 2012, pp. 75–6, 77.
  25. ^ Morony, Michael (2005). Iraq after the Muslim conquest. NJ, USA: Gorgias Press. pp. 109, 99–134. ISBN 978-1-59333-315-7.
  26. ^ Levy, Reuben (2002). The social structure of Islam. London New York: Routledge. pp. 310–1. ISBN 978-0-415-20910-6. "There is little doubt that in origin kharaj and jizya were interchangeable terms. In the Arabic papyri of the first century AH only jizya is mentioned, with the general meaning of tribute, while later the poll tax could be called kharaj ala ru'us ahl al-dhimma, i.e. a tax on the heads of protected peoples. The narrower meaning of the word is brought out by Abu Hanifa, "No individual can be liable at the same time to the zakat and to kharaj." [emphasis added]
  27. ^ Satish Chandra (1969), Jizyah and the State in India during the 17th Century, Journal of the Economic and Social History of the Orient, Vol. 12, No. 3, pp. 322–40, quote="Although kharaj and jizyah were sometimes treated as synonyms, a number of fourteenth century theological tracts treat them as separate"
  28. ^ a b Peri, Oded (1990). "The Muslim waqf and the collection of jizya in late eighteenth-century Jerusalem". In Gilbar, Gad (ed.). Ottoman Palestine, 1800-1914 : Studies in economic and social history. Leiden: E.J. Brill. p. 287. ISBN 978-90-04-07785-0. the jizya was one of the main sources of revenue accruing to the Ottoman state treasury as a whole.
  29. ^ Abu Khalil, Shawkiy (2006). al-Islām fī Qafaṣ al-ʾIttihām الإسلام في قفص الإتهام (in Arabic). Dār al-Fikr. p. 149. ISBN 978-1575470047. Quote: و يعين مقدار الجزية إعتبارا لحالتهم الإقتصادية، فيؤخد من الموسرين أكثر و من الوسط أقل منه و من الفقراء شيء قليل جدا. و على الدين لا معاش لهم أو هم عالة على غيرهم يعفون من أداء الجزية. Translation: "The amount of jizya is determined in consideration of their economic status, so that more is taken from the prosperous, less from the middle [class], and a very small amount from the poor (fuqaraʾ). Those who do not have any means of livelihood or depend on support of others are exempted from paying the jizya." (online)
  30. ^ a b Ghazi, Kalin & Kamali 2013, pp. 82–3.
  31. ^ a b Abu Zahra, Muhammad. Zahrat al-Tafāsīr زهرة التفاسير (in Arabic). Cairo: Dār al-Fikr al-ʿArabī. pp. 3277–8. Quote: و ما يعطيه الذمي من المال يسمى جزية؛ [...] و لأنها جزاء لأن يدفع الإسلام عنهم، و يكفيهم مئونة القتال، و لأنها جزاء لما ينفق على فقراء أهل الذمة كما كان يفعل الإمام عمر، [...] و الإسلام قام بحق التساوي بين جميع من يكونون في طاعته، فإن الجزية التي تكون على الذمي تقابل ما يكون على المسلم من تكليفات مالية، فعليه زكاة المال، و عليه صدقات و نذور، و عليه كفارات، و غير ذلك، و لو أحصى كل ما يؤخد من المسلم لتبين أنه لا يقل عما يؤخد من جزية إن لم يزد. و إن الدولة كما ذكرنا تنفق على فقراء أهل الذمة، و لقد روى أن عمر - رضي الله تعالى عنه - وجد شيخا يهوديا يتكفف، فسأله: من أنت يا شيخ؟ قال رجل من أهل الذمة، فقال له: ما أنصفناك أكلنا شبيبتك و ضيعناك في شيخوختك، و أجرى عليه رزقا مستمرا من بيت المال، و قال لخادمه: ابحت عن هذا و ضربائه، و أَجْرِ عليهم رزقا من بيت المال. Translation: "And the money that the dhimmī gives is called jizya: [...] and [it is so named] because it is in return for the protection that they are guaranteed by the Islamic [community], and instead of rendering military service, and since it is [also] in return for what is spent on the poor amongst the dhimmī community (ahl al-dhimma) as ʾImām ʿUmar used to do. [...] and Islam gave the right of equality between all of those who are under its rule, indeed, the jizya that is demanded from the dhimmī corresponds to the financial obligations that are compulsory on the Muslim, so he is obliged [to purify] his wealth [through] zakat, and he is required to pay sadaqat and nudhur, and he is duty-bound to give kaffarat, as well as other things. And if all that is taken from the Muslim was calculated, it would become clear that it isn't less than what is taken by way of jizya, if it isn't more. And as we have mentioned earlier, the state spends on the poor amongst the dhimmī community, and it is narrated that ʿUmar - May God Almighty be pleased with him - found an elderly Jew begging, so he asked him: 'Who are you, old man (shaykh)?' He said, 'I am a man from the dhimma community.' So ʿUmar said to him: 'We have not done justice to you in taking from you when you were young and forsaking you in your old age', so ʿUmar gave him a regular pension from the public treasury (Bayt al-Māl), and he then said to his servant: "Search for him and those like him, and give them out from the public treasury.""
  32. ^ a b c Long, Matthew (2012). "Jizya". The Princeton Encyclopedia of Islamic Political Thought. Princeton University Press. pp. 283–4. ISBN 978-0691134840.
  33. ^ a b Werner Ende; Udo Steinbach (2010). Islam in the World Today. Cornell University Press. p. 738. ISBN 978-0801445712.
  34. ^ a b Abou El Fadl, Khaled (2007). The Great Theft: Wrestling Islam from the Extremists. HarperOne. p. 214. ISBN 978-0061189036.
  35. ^ Coming home to Orakzai ABDUL SAMI PARACHA, Dawn.com (JAN 05, 2010). "In December 2008, Tehrik-e-Taliban Pakistan enforced a strict version of Islamic law in divergence of enviously guarded distinctive tribal culture in Orakzai Agency. Less than a month a later, a decree for jizya was imposed and had to be paid by all minorities if they want protection against local criminal gangs or that they had to convert to Islam."
  36. ^ a b Aryn Baker (Feb 28, 2014). "Al-Qaeda Rebels in Syria Tell Christians to Pay Up or Die". Time. In a statement posted to Jihadi websites and signed by Abu Bakr al-Baghdadi, the self-designated emir of the future Islamic caliphate of Raqqa, as well as the founder of the Islamic State of Iraq and Syria [ISIS] rebel brigade, Christians are urged to pay a tax in order to continue living under ISIS's protection.
  37. ^ a b c d e Lambton 2013, pp. 204–205.
  38. ^ a b c d Shah 2008, p. 19.
  39. ^ Yusuf Ali (1991 Reprint), Notes 1281 and 1282 to verse 9:29, p. 507
  40. ^ al-ʾIsfahānī, al-Rāghib. Ṣafwān ʿAdnān Dāwūdī (ed.). Mufradāt ] ʾal-Faẓ al-Qurʾān مفردات ألفاظ القرآن (in Arabic). Damascus: Dār al-Qalam. p. 195. 4th edition. Quote: «.والجزية: ما يؤخَذ من أهل الذمّة، وتسميتها بذلك للاجتزاء بها عن حقن دمهم» Translation: "A tax that is levied on Dhimmis, and it is so named because it is in return for the protection they are guaranteed." (online)
  41. ^ al-ʾIsfahānī, al-Rāghib (2009). Ṣafwān ʿAdnān Dāwūdī (ed.). Mufradāt ʾal-Faẓ al-Qurʾān مفردات ألفاظ القرآن (in Arabic). Damascus: Dār al-Qalam. p. 195. 4th edition. (online)
  42. ^ a b Abdel-Haleem 2012, pp. 75–6.
  43. ^ Ramadan al-Buti, Muhammad Saʿid (2005). Al-Jihād fī'l-Islām الجهاد في الإسلام (in Arabic). Damascus: Dār al-Fikr. pp. 135–136. Quote: «فقد صح أن نصارى تغلب تضايقوا من كلمة (الجزية) و (الجزاء) و عرضوا على أمير المؤمنين عمر بن الخطاب، أن تؤخد منهم الجزية بإسم الصدقة، و إن إقتضى ذلك مضاعفة القدر عليهم، و قالوا له: خد منا ما شئت، و لا تسمها جزاء .. فشاور عمر الصحابة في ذلك، فأشار عليه علي رضي الله عنه أن يقبلها منهم مضاعفة بإسم الصدقة. رواه الطبري في تاريخه.» Translation: "It is true that the Christians of Taghlab didn't feel at ease with the words (Jizya) and (Compensation) and they proposed to the leader of the believers ʿUmar ibn al-Khaṭṭāb, that jizya be taken from them in the name of charity, even if that meant that they would have to pay twice as much, and they said to him: 'Take from us whatever you want, but don't call it a compensation' .. So ʿUmar consulted the companions on this [matter], and ʿAli - May God be pleased with him - advised him to accept it from them with a double amount by the name of charity. This was related by al-Ṭabarī in his history." (online)
  44. ^ Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. pp. 49–50. They were called upon to pay the jizyah or tax imposed on the non-Muslim subjects, but they felt it to be humiliating to their pride to pay a tax that was levied in return for protection of life and property, and petitioned the caliph to be allowed to make the same kind of contribution as the Muslims did. So in lieu of the jizyah they paid a double Sadaqah or alms,—which was a poor tax levied on the fields and cattle, etc., of the Muslims. (online)
  45. ^ Ramadan al-Buti, Muhammad Saʿid (2005). Al-Jihād fī'l-Islām الجهاد في الإسلام (in Arabic). Damascus: Dār al-Fikr. p. 136. Quote: «إستدلالاً بهذا، ذهب جمهور الفقهاء من الشافعية والحنفية والحنابلة إلى أنه يجوز أن تؤخد الجزية من أهل الذمة باسم الزكاة مضاعفة. أي فليس ثمة ما يلزم بتسمية المال الذي يؤخد منهم (جزية)، ومن القواعد الفقهية المعروفة إن العبرة بالمقاصد والمعاني لا بالألفاظ والمباني. [...] ولعلك تسأل: فهل يجب إذا تحول إسم هذا المال من الجزية إلى الصداقة أو الزكاة، أن يضاعف المبلغ عن القدر المطلوب زكاةً؟ والجواب أن هذا من أحكام الإمامة، فالأمر في تحويل الاسم، وفي تحديد المبلغ منوط بما يراه إمام المسلمين في كل عصر.» Translation: "Based on this (event), the majority of jurists from Shāfiʿīs, Ḥanafīs and Ḥanbalīs state that it is lawful to take the jizya from ahl al-dhimmah by name of double zakat. Meaning it isn't necessary to call the tax that is taken from them by (jizya), and among the known legal maxim is that consideration is granted to objectives and meanings and not to terms and specific wordings. [...] And you may ask: Is it necessary when the name of this tax is transformed from jizya to zakāt or ṣadaqah that the requested amount be doubled? The answer is that this falls under the laws of the ruler (ʾaḥkām al-ʾimāmah), so the command to change the name, and to define the respective amount is exclusive to what the ruler sees most fit according to each time." (online)
  46. ^ Edward William Lane, An Arabic-English Lexicon. Book 1, p. 422. (Citing al-Nihaya fi Gharib al-Hadith by Majd al-Din ibn Athir (d. 1210), and others.)
  47. ^ a b Muhibbu-Din, M. A. (2000-04-01). "Ahl Al-Kitab and Religious Minorities in the Islamic State: Historical Context and Contemporary Challenges". Journal of Muslim Minority Affairs. 20 (1): 119. doi:10.1080/13602000050008933. ISSN 1360-2004. S2CID 143224068.
  48. ^ Morony, Michael (2005). Iraq after the Muslim conquest. NJ, USA: Gorgias Press. p. 110. ISBN 978-1-59333-315-7.
  49. ^ Jane Dammen McAuliffe (2011), Encyclopedia of the Qur'an, Brill Academic, Vol. 4, pp. 152-153; Vol. 5, pp. 192–3, ISBN 978-9-00412-35-64.
  50. ^ Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. p. 59. jizyah — a word which originally denoted tribute of any kind paid by the non-Muslim subjects of the Arab empire, but came later on to be used for the capitation-tax as the fiscal system of the new rulers became fixed. (online)
  51. ^ Tritton 2008, pp. 197–198.
  52. ^ Tritton 2008, p. 223.
  53. ^ A Ben Shemesh (1967), Taxation in Islam, Vol. 1, Netherlands: Brill Academic, p. 6
  54. ^ Davutoglu, Ahmet (1993). Alternative paradigms : the impact of Islamic and Western Weltanschauungs on political theory. Lanham, MD: University Press of America. p. 160. ISBN 978-0819190475.
  55. ^ Abou El Fadl, Khaled (2007). The Great Theft: Wrestling Islam from the Extremists. HarperOne. p. 204. ISBN 978-0061189036. According to the dhimma status system, non-Muslims must pay a poll tax in return for Muslim protection and the privilege of living in Muslim territory. Per this system, non-Muslims are exempt from military service, but they are excluded from occupying high positions that involve dealing with high state interests, like being the president or prime minister of the country. In Islamic history, non-Muslims did occupy high positions, especially in matters that related to fiscal policies or tax collection.
  56. ^ A.C. Brown, Jonathan (2011). Muhammad: A Very Short Introduction. Oxford: Oxford University Press. p. 48. ISBN 9780199559282.
  57. ^
    • Ramadan al-Buti, Muhammad Saʿid (2005). Al-Jihād fī'l-Islām الجهاد في الإسلام (in Arabic). Damascus: Dār al-Fikr. p. 134. Quote: «كلمة (الجزية) ... تطلق على المال الذي يؤخد من الكتابي، فيجزئ عن ضرورة تحمل مسؤلية رعايته وحمايته، وإعتباره عضواً في المجتمع الإسلامي بحيث ينال سائر الحقوق التي يقتضيها مبدأ التكافل الإجتماعي.» Translation: "The word (jizya) ... is defined as the monetary amount that is taken from the People of the Book, and it is taken in exchange of guaranteeing their protection and safety, and considering them to be part of the Islamic society, such that they receive all the rights that are required by the principle of social insurance." (online)
    • Sābiq, al-Sayyid. Fiqh al-Sunnah فقه السنة (in Arabic). Vol. 3. Cairo: al-Fatḥ lil-ʾIʿlām al-ʿArabī. p. 49. Quote: «حكمة مشروعيتها: وقد فرض الإسلام الجزية على الذميين في مقابل فرض الزكاة على المسلمين، حتى يتساوى الفريقان، لأن المسلمين والذميين يستظلون براية واحدة ويتمتعون بجميع الحقوق وينتفعون بمرافق الدولة بنسبة واحدة، ... نظير قيامهم بالدفاع عن الذميين، وحمايتهم في البلاد الإسلامية التي يقيمون فيها.» Translation: "Its justification: And Islām obligated jizya on dhimmīs in parallel with the obligation of zakāt on Muslims, so that the two groups be equal, since Muslims and dhimmīs are under the shade of the same banner and they enjoy all of the same rights and they benefit from the state facilities in an equal proportion, ... (also) in exchange for defending the dhimmīs, and guaranteeing their safety in the Muslim country they live in." (online)
    • Riḍā, Rashīd. Majallat al-Manār مجلة المنار (in Arabic). Vol. 12. Cairo. p. 433. n°6. Quote: «جرى الصحابة في فتوحاتهم على جعل الجزية التي يفرضونها على أهل الذمة جزاء على حمايتهم والدفاع عنهم وعدم تكليفهم منع أنفسهم وبلادهم أي حمايتها والدفاع عنها ولذلك كانو يفرضونها على من هم أهل للدفاع دون غيرهم كالشيوخ والنساء فكان ذلك منهم تفسيرا وبيانا لمراد الكتاب العزيز منها. وكأن العثمانيين سموها لأجل ذلك بدل عسكرية.» Translation: "The Companions were in their openings (futūḥāt) making the jizya that they put on the ahl al-dhimmah in exchange for their protection and safety, and for not making them having to defend themselves and their country by themselves, and that's why they were taking it from those who can participate in military service other than those who can't such as the old and women, and so this was from them an explanation and illustration of the intended meaning (behind this word) in the Noble Book. And the Ottomans were calling it for that reason 'Tax in exchange for not participating in military service'."
    (online)
    • Ḥassan, Ḥassan ʾIbrāhīm; Ḥassan, ʿAlī ʾIbrāhīm (1999). al-Nuẓum al-ʾIslāmiyyah النظم الإسلامية (in Arabic). Cairo: al-Nahḍah al-Miṣriyyah. p. 230. Quote: «نظير قيامهم بالدفاع عن الذميين وحمايتهم في الاقاليم الإسلامية التي يقيمون فيها.» Translation: "In exchange for (Muslims) defending dhimmis and protecting them in the Muslim lands where they live." (online)
    • al-Qaraḍāwī, Yūsuf (2009). Fiqh al-Jihād: Dirāsah Muqāranah li-Aḥkāmih wa Falsafatih fī Ḍawʾ al-Qurʾān wa al-Sunnah فقه الجهاد: دراسة مقارنة لأحكامه وفلسفته في ضوء القرآن والسنة (in Arabic). Vol. 2. Cairo: Maktabat Wahbah. p. 850. ISBN 978-977-225-246-6. 3rd Ed. Quote: «إن الجزية كما بينا بدل عن الحماية العسكرية التي تقوم بها الدولة الإسلامية لأهل ذمتها، في المرتبة الأولى. فإذا لم تستطع الدولة أن تقوم بهذه الحماية لم يعود لها حق في أخد هذه الجزية أو هذه الضريبة.» Translation: "The jizya is as we've shown, in its primary sense, in exchange for the military protection that the Muslim country guarantees to the ahl al-dhimmah. That's why if this country was incapable of extending such protection to non-Muslims, it will have no right in taking this jizya or this tax." (online)
  58. ^ a b c d Kalin 2013, pp. 240–1.
  59. ^ Nuʻmānī, Shiblī (2004). Umar: Makers of Islamic Civilization. London: I.B. Tauris. p. 101. ISBN 9781850436706.
  60. ^
    • Riḍā, Rashīd. Majallat al-Manār مجلة المنار (in Arabic). Vol. 12. Cairo. p. 433. n°6. Quote: «جرى الصحابة في فتوحاتهم على جعل الجزية التي يفرضونها على أهل الذمة جزاء على حمايتهم والدفاع عنهم وعدم تكليفهم منع أنفسهم وبلادهم أي حمايتها والدفاع عنها ولذلك كانو يفرضونها على من هم أهل للدفاع دون غيرهم كالشيوخ والنساء فكان ذلك منهم تفسيرا وبيانا لمراد الكتاب العزيز منها. وكأن العثمانيين سموها لأجل ذلك بدل عسكرية.» Translation: "The Companions were in their openings (futūḥāt) making the jizya that they put on the ahl al-dhimmah in exchange for their protection and safety, and for not making them having to defend themselves and their country by themselves, and that's why they were taking it from those who can participate in military service other than those who can't such as the old and women, and so this was from them an explanation and illustration of the intended meaning (behind this word) in the Noble Book. And the Ottomans were calling it for that reason 'Tax in exchange for not participating in military service'."
    (online)
    • al-Zuḥaylī, Wahbah (1998). ʾĀthar al-ḥarb fī l-fiqh al-Islāmī : dirāsah muqārinah آثار الحرب في الفقه الإسلامي : دراسة مقارنة (in Arabic). Damascus: Dār al-Fikr. pp. 691–692. ISBN 978-1-57547-453-3. Quote: «وتؤخد الجزية نظير حمايتهم والمحافظة عليهم وبدل عدم قيامهم بواجب الدفاع الوطني عن كيان الدولة وحماية المواطنين.» Translation: "The jizya is taken in exchange for guaranteeing their protection and safety, and in exchange for not participating in military service in defence of the nation and in protecting its citizens." (online)
    • Salīm al-ʿAwā, Moḥammed (2006). Fī al-Niẓām al-Siyāsā lil-dawlah al-ʾIslāmiyyah في النظام السياسي للدولة الإسلامية (in Arabic). Cairo: Dār al-Shurūq. p. 247. Quote: «وأصح أقوال الفقهاء في تعليلها - أنها بدل عن إشترك غير المسلمين في الدفاع عن دار الإسلام، لذلك أسقطها الصحابة والتابعون عاماً قبل منهم الإشتراك في الدفاع عنها» Translation: "And the most correct sayings of the jurists in its (jizya) justification - is that it is in exchange for non-Muslims defending the nation, and that's why the Companions and Successors exempted those who joined them in its defense."
    • Durant, Will. The Story of Civilization: The Age of Faith. Vol. 4. p. 218. This tax fell only upon non-Moslems capable of military service; it was not levied upon monks, women, adolescents, slaves, the old, crippled, blind or very poor. In return the dhimmis were excused (or excluded) from military service, were exempted from the two and a half per cent tax for community charity, and received the protection of the government.
  61. ^ Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. pp. 61. Again, in the treaty made by Khālid with some towns in the neighborhood of Hīrah, he writes: "If we protect you, then jizyah is due to us; but if we do not, then it is not due." (online)
  62. ^ a b Shah, Nasim Hasan (1988). "The concept of Al‐Dhimmah and the rights and duties of Dhimmis in an Islamic state". Journal of Muslim Minority Affairs. 9 (2): 220. doi:10.1080/02666958808716075. ISSN 0266-6952.
  63. ^ Zaydān, ʿAbd al-Karīm (1982). ʾAḥkām al-Dhimmiyīn wa-l-mustaʾminīn fī dār al-Islām أحكام الذميين والمستأمنين في دار الإسلام (in Arabic). Damascus: Dār al-Quds - Muʾassassat al-Risālah. p. 154. Quote: «جاء في صلح خالد بن الوليد ... في منطقة الحيرة، ما يأتي: "... فإن منعناكم فلنا الجزية و إلا فلا ..."» Translation: "It was stated in the peace treaty made by Khālid b. al-Walīd ... in the neighborhood of al-Ḥīrah, what follows: «... If we protect you, then jizya is due to us; but if we do not, then it is not due...»" (online)
  64. ^ Nuʿmānī, Shiblī (Entry Author), Rashīd Riḍā (ed.). Majallat al-Manār مجلة المنار [Al-Manar] (in Arabic). Vol. 1. Cairo. p. 873. n°45. Quote: «هذا كتاب من خالد بن الوليد ... ما منعناكم (أي حميناكم) فلنا الجزية وإلا فلا. كتب سنة اثنتي عشرة في صفر.» Translation: "This is a treaty made by Khālid b. al-Walīd ... If we protect you, then jizya is due to us; but if we do not, then it is not due. This was written in the year twelve in Safar." (online)
  65. ^ al-Qaraḍāwī, Yūsuf (1992). Ghayr al-Muslimīn fī al-Mujtamaʿ al-ʾIslāmī غير المسلمين في المجتمع الاسلامي (in Arabic). Cairo: Maktabat Wahbah. p. 62. ISBN 978-977-7236-55-3. 3rd Ed. Quote: «سجّل خالد في المعاهدة التي أبرمها مع بعض أهالي المدن المجاورة للحيرة قوله: "فإن منعناكم فلا الجزية وإلا فلا".» Translation: "Khālid wrote in the treaty that he concluded with some towns in the neighborhood of al-Ḥīrah that: «If we protect you, then jizya is due to us; but if we do not, then it is not due»." (online)
  66. ^ Shaltut 2013, pp. 428–9.
  67. ^ a b c Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. pp. 60–1. The Emperor Heraclius had raised an enormous army with which to drive back the invading forces of the Muslims, who had in consequence to concentrate all their energies on the impending encounter. The Arab general, Abū ʻUbaydah, accordingly wrote to the governors of the conquered cities of Syria, ordering them to pay back all the jizyah that had been collected from the cities, and wrote to the people, saying, "We give you back the money that we took from you, as we have received news that a strong force is advancing against us. The agreement between us was that we should protect you, and as this is not now in our power, we return you all that we took. But if we are victorious we shall consider ourselves bound to you by the old terms of our agreement." In accordance with this order, enormous sums were paid back out of the state treasury, and the Christians called down blessings on the heads of the Muslims, saying, "May God give you rule over us again and make you victorious over the Romans; had it been they, they would not have given us back anything, but would have taken all that remained with us." (online)
  68. ^ a b al-Zuḥaylī, Wahbah (1998). ʾĀthar al-ḥarb fī l-fiqh al-Islāmī : dirāsah muqārinah آثار الحرب في الفقه الإسلامي : دراسة مقارنة (in Arabic). Damascus: Dār al-Fikr. pp. 692–693. ISBN 978-1-57547-453-3. Quote: «أبي عبيدة بن الجراح، حينما حشد الروم جموعهم على حدود البلاد الإسلامية الشمالية، فكتب أبو عبيدة إلى كل وال ممن خلفه في المدن التي صلاح أهلها يأمرهم أن يردوا عليهم ما جبي منهم من الجزية والخراج، وكتب إليهم أن يقول لهم : « إنما رددنا عليكم أموالكم لأنه قد بلغنا ما جمع لنا من الجموع، وانكم إشترطم عليها أن نمنعكم، وإنا لا نقدر على ذلك، وقد رددنا عليكم ما أخدنا منكم ونحن لكم على الشرط، وما كتبنا بيننا وبينكم إن نصرنا الله عليهم ». فلما قالو ذلك لهم، وردوا عليهم الأموال التي جبوها منهم، قالو: « ردكم الله علينا ونصركم عليهم (أي على الروم). فلو كانو هم لم يردوا علينا شيئاً وأخذوا كل شيء بقي لنا حتى لا يدعو لنا شيئاً ».» Translation: "Abu ʿUbaydah b. al-Jarāḥ, when he was informed that the Romans were readying for battle against him in the boundaries of the Islamic State in the north, Abu ʿUbaydah then wrote to the governors of the cities with whom pacts had been concluded that they must return the sums collected from jizya and kharāj and say to their subjects: "We return to you your money because we have been informed that troops are being raised against us. In our agreement you stipulated that we protect you, but we are unable to do so. Therefore, we now return to you what we have taken from you, and we will abide by the stipulation and what has been written down, if God grants us victory over them." And when they stated that to them, and they returned the sums that they took from them, they (the Christians) said: "May God give you rule over us again and make you victorious over [the Romans]; had it been they, they would not have given us back anything, but would have taken all that remained with us."" (online)
  69. ^ Zaydān, ʿAbd al-Karīm (1982). ʾAḥkām al-Dhimmiyīn wa-l-mustaʾminīn fī dār al-Islām أحكام الذميين والمستأمنين في دار الإسلام (in Arabic). Damascus: Dār al-Quds - Muʾassassat al-Risālah. p. 155. Quote: «ان أبا عبيدة بن الجراح عندما اعلمه نوابه على مدن الشام بتجمع الروم كتب اليهم: أن ردوا الجزية على من اخذتموها منه. وأمرهم أن يقول لهم: انما رددنا عليكم أموالكم لانه قد بلغنا ما جمع لنا من الجموع وانكم اشترطم علينا أن نمنعكم وانا لا نقدر على ذلك وقد رددنا عليكم ما أخذنا منكم ونحن لكم على الشروط وما كتبنا بيننا وبينكم إن نصرنا الله عليهم.» Translation: "Abu ʿUbaydah b. al-Jarāḥ, when he was informed by his governors that the Romans were readying for battle against him, he then wrote to them that they must return the jizya that they took from them. And he ordered them to say to their subjects: "We return to you your money because we have been informed that troops are being raised against us. In our agreement you stipulated that we protect you, but we are unable to do so. Therefore, we now return to you what we have taken from you, and we will abide by the stipulation and what has been written down, if God grants us victory over them." (online)
  70. ^ al-Zuḥaylī, Wahbah (1998). ʾĀthar al-ḥarb fī l-fiqh al-Islāmī : dirāsah muqārinah آثار الحرب في الفقه الإسلامي : دراسة مقارنة (in Arabic). Damascus: Dār al-Fikr. p. 693. ISBN 978-1-57547-453-3. Quote: «ولهذا نظير في الحروب الصليبية، فقد رد صلاح الدين الأيوبي الجزية إلى نصارى الشام حين إضطر إلى الإنسحاب منها.» Translation: "And this (historical precedents for the jizya being returned when the state couldn't protect ahl al-dhimma) has an equivalent [during the times] of the Crusades, as such Ṣalāḥ ad-Dīn al-Ayyūbī returned the jizya to the Christians of Syria when he was compelled to retract from it." (online)
  71. ^ al-Qaraḍāwī, Yūsuf (1992). Ghayr al-Muslimīn fī al-Mujtamaʿ al-ʾIslāmī غير المسلمين في المجتمع الاسلامي (in Arabic). Cairo: Maktabat Wahbah. p. 63. ISBN 978-977-7236-55-3. 3rd Ed. Quote: «ومن الواضح أن أي جماعة مسيحية كانت تعفى من أداء هذه الضريبة إذا ما دخلت في خدمة الجيش الإسلامي. وكانت الحال على هذا النحو مع قبيلة «الجراجمة» وهي مسيحية كانت تقيم بجوار أنطاكية، سالمت المسلمين وتعهدت أن تكون عوناً لهم، وأن تقاتل معهم في مغازيهم، على شريطة ألا تؤخد بالجزية، وأن تعطى نصيبها من الغنائم.» Translation: "It is very clear that any Christian group who joined the service of the Muslim army was exempted from this tax, just as is the case with the tribe of «al-Jurājima», a Christian tribe near Antioch, who made peace with the Muslims, promising to be their allies, and fight on their side in battle, on condition that they should be exempted from [the payment of] the jizya, and should receive their proper share of the booty." (online)
  72. ^ Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. pp. 62–3. On the other hand, when the Egyptian peasants, although Muslim in faith, were made exempt from military service, a tax was imposed upon them as on the Christians, in lieu thereof. (online)
  73. ^ a b Shah, Nasim Hasan (1988). "The concept of Al‐Dhimmah and the rights and duties of Dhimmis in an Islamic state". Journal of Muslim Minority Affairs. 9 (2): 221. doi:10.1080/02666958808716075. ISSN 0266-6952.
  74. ^ al-Zuḥaylī, Wahbah (1998). ʾĀthar al-ḥarb fī l-fiqh al-Islāmī : dirāsah muqārinah آثار الحرب في الفقه الإسلامي : دراسة مقارنة (in Arabic). Damascus: Dār al-Fikr. p. 692. ISBN 978-1-57547-453-3. Quote: «قال الخطيب الشربيني الشافعي: "ولا يجب الجهاد على الكافر ولو ذمياً لأنه يبذل الجزية لنذب عنه لا ليذب عنا."» Translation: "The Shafi'i scholar al-Khaṭīb ash-Shirbīniy stated: «Military service is not obligatory for non-Muslims -- especially for a dhimmi since he gives the jizya so that we protect and defend him, and not so that he defends us.»" (online)
  75. ^ Al-Awa, Mohammad Salim (2005-07-13). "Nidhām ʾAhl al-Dhimma, Ruʾyah Islāmiyah Muʿāssira" نظام أهل الذمة: رؤية إسلامية معاصرة (in Arabic). from the original on 2009-06-04. Retrieved 2019-10-13. «الجزية بدل عن الجهاد، و لقد أسقطها الصحابة و التابعون عمن قبل من غير أهل الإسلام مشاركة المسلمين في الدفاع عن الوطن، كما يقرر الإمام إبن حجر في شرحه للبخاري، فتح الباري ج٦ ص٣٨. و ينسب ذلك - و هو صحيح صائب - إلى جمهور الفقهاء، ...» Translation: "Jizya is in exchange for military service, and the companions and successors exempted it from non-Muslims who joined Muslims in defending the nation, just as the Imam Ibn Hajar pointed in his commentary on al-Bukhari, Fath al-Bari, and he relates that [opinion] - and indeed this is correct - to the majority of jurists."
  76. ^ Mun'im Sirry (2014), Scriptural Polemics: The Qur'an and Other Religions, p. 178. Oxford University Press. ISBN 978-0199359363.
  77. ^ Shaltut 2013, pp. 14–5.
  78. ^ a b Vincent J. Cornell (2009). "Jizyah". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. ISBN 9780195305135.
  79. ^ a b John Esposito and Emad El-Din Shahin (2013). The Oxford handbook of Islam and politics. Oxford, UK: Oxford University Press. pp. 149–50. ISBN 978-0-19-539589-1. One of Mawdudi's most significant legacies was the reintroduction into the modern world - and into modern language - of an idealized vision of the Islamic community. [...] Non-Muslims in the Muslim state would be categorized, in classical terms, as dhimmis, a protected class; would be restricted from holding high political office; would have to pay the jizyah poll tax; ...
  80. ^ Jane Dammen McAuliffe, "Fakhr al-Din al-Razi on Ayat al-Jizya and Ayat al-Sayf," in Conversion and Continuity: Indigenous Christian Communities in Islamic Lands, Eight to Eighteenth Centuries, eds. Michael Gervers and Ramzi Jibran Bikhazi (Toronto: Pontifical Institute of Mediaeval Studies, 1990), pp. 103–19.
  81. ^ a b c Hoyland, In God's Path, 2015: p.199
  82. ^ a b Ahmed 1975.
  83. ^ a b c Afsaruddin, Asma. "jizyah, Islamic tax". Britannica. Retrieved 10 November 2021. The rate of taxation and methods of collection varied greatly from province to province and were influenced by local pre-Islamic customs.
  84. ^ Nasr, Seyyed Hossein; Dagli, Caner K.; Dakake, Maria Massi; Lumbard, Joseph E.B.; Rustom, Mohammed (2015). The Study Quran: A New Translation and Commentary. HarperCollins.
  85. ^ See alternative translation via Abdel-Haleem 2012, p. 83: "Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizya with willing submission, and feel themselves subdued. "
  86. ^ Ramadan al-Buti, Muhammad Saʿid (2005). Al-Jihād fī'l-Islām الجهاد في الإسلام (in Arabic). Damascus: Dār al-Fikr. pp. 101–102. Quote: «الآية أمرت بالقتال لا بالقتل، وقد علمت الفرق الكبير بين الكلمتين ... فأنت تقول: قتلت فلاناً، إن بدأته بالقتل، وتقول: قاتلته، إذا قاومت سعيه إلى قتلك بقتل مثله، أو سابقته إلى ذلك كي لا ينال منك غرة.» Translation: "The verse commands qitāl (قتال) and not qatl (قتل), and it is known that there is a big distinction between these two words ... For you say qataltu (قتلت) so-and-so if you initiated the fighting, while you say qātaltu (قاتلت) him if you resisted his effort to fight you by a reciprocal fight, or if you forestalled him in that so that he would not get at you unawares." (online)
  87. ^ a b c d e f g h i Abdel-Haleem 2012, pp. 72–4.
  88. ^ Ahmad b. Muṣṭafā, Al-Maraghī. Tafsīr Al-Maraghī تفسير المراغي (in Arabic). Vol. 10. p. 95. Quote: «أي قاتلوا من ذكروا حين وجود ما يقتضى القتال كالاعتداء عليكم أو على بلادكم أو اضطهادكم وفتنتكم عن دينكم أو تهديد منكم وسلامتكم كما فعل بكم الروم وكان ذلك سببا لغزوة تبوك» Translation: "That is, fight those mentioned when the conditions which necessitate fighting are present, namely, aggression against you or your country, oppression and persecution against you on account of your faith, or threatening your safety and security, as was committed against you by the Byzantines, which was what led to Tabuk."
  89. ^ Al-Bayḍawī, Tafsīr (2 vols. Beirut: Dār al-Kutub al-ʿIlmiyya, 1988), vol. 1, p. 401.
  90. ^ Dawood 1990, p. 136.
  91. ^ Jones 2007.
  92. ^ Nasr et al 2015.
  93. ^ Arberry 1955.
  94. ^ Pickthall 1930.
  95. ^ Yusuf Ali 1938.
  96. ^ Shakir 2000.
  97. ^ Muhammad Sarwar 1982.
  98. ^ Fayrūzabādī, al-Qamūs al-muḥīṭ, reprint (4 vols. Beirut: Dār al-Jīl, 1952), vol. 4, p. 227.
  99. ^ Al-Muʿjam al-wasīṭ (Cairo: Majmaʿ al-Lugha al-ʿArabiyya, 1972); al-Rāzī, al-Tafsīr al-kabīr, vol. 8, p. 29.
  100. ^ Seyyed Hossein Nasr (2015), The Study Quran: A New Translation and Commentary, ISBN 0061125865. Quote: "Here with a willing hand renders ʿan yad (lit. "from/for/at hand"), which some interpret to mean that they should pay directly, without intermediary and without delay (R). Others say that it refers to its reception by Muslims and means "generously" as in "with an open hand," since the taking of the jizyah is a form of munificence that averted a state of conflict (Q, R, Z)."
  101. ^ M.J. Kister "'An yadin (Qur'an IX/29): An Attempt at Interpretation," Arabica 11 (1964):272-278.
  102. ^ Cohen 2008, p. 56.
  103. ^ Ahmed 1975, p. 293.
  104. ^ "Sahih al-Bukhari 2076 - Sales and Trade - Sunnah.com - Sayings and Teachings of Prophet Muhammad (صلى الله عليه و سلم)". sunnah.com.
  105. ^ Al-Shafi'i, Kitabul Umm, 4/219. Quote: «.وَسَمِعْت عَدَدًا مِنْ أَهْلِ الْعِلْمِ يَقُولُونَ الصَّغَارُ أَنْ يَجْرِيَ عَلَيْهِمْ حُكْمُ الْإِسْلَامِ» Translation: "And I heard a number of the people of knowledge state that al-sighar means that Islamic rulings are enforced on them."
  106. ^ al-Zuḥaylī, Wahbah (1998). ʾĀthar al-ḥarb fī l-fiqh al-Islāmī : dirāsah muqārinah آثار الحرب في الفقه الإسلامي : دراسة مقارنة (in Arabic). Damascus: Dār al-Fikr. p. 705. ISBN 978-1-57547-453-3. Quote: «لا أن يضربوا و لا يؤذوا قال الشافعي: [...] و الصغار : أن يجري عليهم الحكم» Translation: "al-Shafi'i said: [...] And aṣ-Ṣaghār means that rulings are enforced on them, it does not mean that they should be beaten or be harmed." (online)
  107. ^ al-Qaraḍāwī, Yūsuf (2009). Fiqh al-Jihād: Dirāsah Muqāranah li-Aḥkāmih wa Falsafatih fī Ḍawʾ al-Qurʾān wa al-Sunnah فقه الجهاد: دراسة مقارنة لأحكامه وفلسفته في ضوء القرآن والسنة (in Arabic). Vol. 2 (3 ed.). Cairo: Maktabat Wahbah. p. 831. ISBN 978-977-225-246-6. Quote: «وليس معنى:  وَهُمْ صَاغِرُونَ  إذلالهم، وإشعارهم بالهوان، كما قد يفهم بعضهم، بل ما فسّر به الإمام الشافعي (الصّغار) بإجراء حكم الإسلام عليهم، ونقل ذلك عن العلماء فقد قال: (سمعت رجالاً من أهل العلم يقولون: الصّغار أن يجري عليهم حكم الإسلام...)» Translation: "And it is not the case that the meaning of: "... while they are ṣāghirūn" is to humiliate them, and making them feel shame, like some may misunderstand, but [the meaning] is as Imām Shāfiʿī explained, that (aṣ-Ṣaghār) means that Islamic rulings are enforced on them, and he narrated this from the scholars, so he stated: (I heard a number of the people of knowledge state: aṣ-Ṣaghār means that Islamic rulings are enforced on them...)" (online)
  108. ^ Cahen, p. 561. "A certain number of rules formulated during the 'Abbasid period appear to be generally valid from that time onwards. Jizya is only levied on those who are male, adult, free, capable and able-bodied, so that children, old men, women, invalids, slaves, beggars, the sick and the mentally deranged are excluded. Foreigners are exempt from it on condition that they do not settle permanently in the country. Inhabitants of frontier districts who at certain times could be enrolled in military expeditions even if not Muslim (Mardaites, Amenians, etc.), were released from jizya for the year in question."
  109. ^ Lambton 2013, p. 205. "These rules, formulated by the jurists in the early 'Abbasid period, appear to have remained generally valid thereafter."
  110. ^ a b Stillman 1979, pp. 159–161.
  111. ^ al-Qāḍī Abū Yaʿlā, al-Aḥkām al-Sulṭāniyyah, p. 160. Quote: «وتسقط الجزية عن الفقير وعن الشيخ وعن الزَمِن [أي صاحب العاهة]» Translation: "There is no jizya upon the poor, the old, and the chronically ill."
  112. ^ a b c d e Dagli 2013, pp. 82–3.
  113. ^ Ṭaʿīmah, Ṣābir (2008). al-Islām wa'l-ʿĀkhar — Dirāsah ʿan Waḍʿiyat Ghayr al-Muslimīn fī Mujtamaʿāt al-Muslimīn الإسلام والآخر — دراسة عن وضعية غير المسلمين في مجتمعات المسلمين. Riyadh: Maktabat al-Rushd. p. 499. Quote: «وقصته رضي الله عنه مشهورة مع اليهودي الذي رآه على باب متسولاً، وهو يقول: شيخ كبير ضرير البصر، فضرب عضده من خلفه وقال: من أي أهل الكتاب أنت؟ قال: يهودي، قال: فما ألجأك إلي ما أرى؟ قال: أسأل الجزية والحاجة والسن، قال: فأخذ عمر بيده وذهب به إلى منزله فرضخ له بشيء من المنزل، ثم أرسل إلى خازن بيت المال فقال: انظر هذا وضرباءه فوالله ما أنصفناه، أن أكلنا شبيبته ثم نخذله عند الهرم، وقرأ الآية الكريمة:  إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ وَالْعَامِلِينَ عَلَيْهَا وَالْمُؤَلَّفَةِ قُلُوبُهُمْ وَفِي الرِّقَابِ وَالْغَارِمِينَ وَفِي سَبِيلِ اللَّهِ وَابْنِ السَّبِيلِ ۖ فَرِيضَةً مِّنَ اللَّهِ ۗ وَاللَّهُ عَلِيمٌ حَكِيمٌ  [التوبة : ٦٠] والفقراء هم المسلمون، وهذا من المساكين من أهل الكتاب، ووضع عنه الجزية وعن ضربائه» Translation: "And his [ʿUmar b. al-Khaṭṭāb] - May God be pleased with him - famous story with the Jew that he saw by a door begging, while stating: 'An old man, blind sight'. ʿUmar then asked him, 'So why are you begging?' 'I am begging for money', the man said, 'so I can pay the jizya and fulfill my needs'. ʿUmar took him by the hand and led him to his home and gave him gifts and money, then he sent him to the treasurer of the public treasury (Bayt al-Mal) and said, 'Take care of him and those like him, for by God, we have not treated him fairly if we benefited from him in his younger days but left him helpless in his old age! Then he recited the verse, "Alms are meant only for the poor, the needy, those who administer them, those whose hearts need winning over, to free slaves and help those in debt, for God's cause, and for travellers in need. This is ordained by God; God is allknowing and wise." [Quran 9:60] and the poor are amongst the Muslims and this one is from the needy amongst the People of the Book.' So ʿUmar exempted him and those like him from payment of the jizya." (online)
  114. ^ a b Abdel-Haleem 2012, p. 80.
  115. ^ a b Tahir-ul-Qadri, Muhammad (2011). Fatwa on Terrorism and Suicide Bombings. London: Minhaj-ul-Quran. pp. 150–2. ISBN 978-0-9551888-9-3.
  116. ^ al-Zuḥaylī, Wahbah (1998). ʾĀthar al-ḥarb fī l-fiqh al-Islāmī : dirāsah muqārinah آثار الحرب في الفقه الإسلامي : دراسة مقارنة (in Arabic). Damascus: Dār al-Fikr. p. 700. ISBN 978-1-57547-453-3. Quote: «ما روي عن سيدنا عمر رضي الله عنه: أنه مر بشيخ من أهل الذمة يسأل على أبواب المساجد بسبب الجزية و الحاجة و السن، فقال: ما أنصفناك كنا أخذنا منك الجزية في شبيبتك ثم ضيعناك في كبرك، ثم أجرى عليه من بيت المال ما يصلحه، و وضع عنه الجزية و عن ضربائه.» Translation: "What was narrated from Sayyiduna ʿUmar b. al-Khaṭṭāb - May God be pleased with him - : That he passed by an old man from the dhimma community who was begging in front of the doors of the mosques because of [the need to pay] jizya and fulfill his needs and his old age, so he [ʿUmar] said: 'We have not done justice to you in taking from you when you were young and forsaking you in your old age', so he gave him a regular pension from the Bayt al-Māl (Public Treasury), and he exempted him and his likes from the jizya." (online)
  117. ^ a b Iḥsān, Al-Hindī (1993). Aḥkām al-Ḥarb wa al-Salām fī Dawlat al-Islām أحكام الحرب والسلام في دولة الإسلام (in Arabic). Damascus: Dār al-Numayr. p. 15.
  118. ^ Al-Qurtubi, Al-Jami' li Ahkam al-Qur'an, vol.8, p. 72. Quote: «قال علماؤنا: الذي دل عليه القرآن أن الجزية تؤخذ من المقاتلين... وهذا إجماع من العلماء على أن الجزية إنما توضع على جماجم الرجال الأحرار البالغين، وهم الذين يقاتلون دون النساء والذرية والعبيد والمجانين المغلوبين على عقولهم والشيخ الفاني» Translation: "Our scholars have said: that which the Qurʾān has indicated is that the jizya is taken from fighters ... and there is a consensus amongst scholars that the jizya be only placed on the heads of free men who have reached puberty, who are the ones fighting with the exclusion of women and children and slaves and the crazy insane and the dying old man."
  119. ^ a b Al-Nawawī, Minhaj al-Talibin, 3:277.
  120. ^ a b Al-Nawawī (Translated by E.C. Howard) (2005). Minhaj et talibin: a manual of Muhammadan law. Adam Publishers. pp. 337–8. ISBN 978-81-7435-249-1.
  121. ^ Ibn Qayyim al-Jawziyya, Ahkam Ahl al-Dhimma, 1/16. Quote: «ولا جزية على شيخ فان ولا زمن ولا أعمى ولا مريض لا يرجى برؤه، بل قد أيس من صحته، وإن كانوا موسرين: وهذا مذهب أحمد وأصحابه، وأبي حنيفة، ومالك، والشافعي في أحد أمواله، لأن هؤلاء لا يقتلون ولا يقاتلون، فلا تجب عليهم الجزية كالنساء والذرية.» Translation: "And there is no Jizya upon the aged, one suffering from chronic disease, the blind, and the patient who has no hope of recovery and has despaired of his health, even if they have enough: And this is the opinion of Ahmad and his followers, and Abū Ḥanīfah, Malik, and al-Shafi'i in one narration, since those do not fight and aren't fought, and so the jizya is exempted from them such as women and children."
  122. ^ Ibn Qayyim al-Jawziyya, Ahkam Ahl Al-Dhimma, 1/14. Quote: «ولا جزية على صبي ولا امرأة ولا مجنون: هذا مذهب الأئمة الأربعة وأتباعهم. قال ابن المنذر: ولا أعلم عن غيرهم خلافهم. وقال أبو محمد ابن قدامة في " المغنى " : (لا نعلم بين أهل العلم خلافا في هذا) .» Translation: "There is no Jizya on the kids, women and the insane: This is the view of the four imams and their followers. Ibn Mundhir said, 'I do not know anyone to have differed with them.' Abu Muhammad Ibn Qudama said in 'al-Mughni', 'We do not know of any difference of opinion among the learned on this issue.'"
  123. ^ Lambton 2013, p. 205. "Monks were exempted according to some jurists, but Abu Hanifa and Abu Yusuf hold that they paid jizya if they worked."
  124. ^ Ibn Qayyim al-Jawziyya, Ahkam Ahl Al-Dhimma, 1/17. Quote: «وأما الفلاحون الذين لا يقاتلون والحراثون [...] وظاهر كلام أحمد أنه لا جزية عليهم» Translation: "As for peasants who do not fight ... the dhahir from the writings of Ahmad [ibn Hanbal] is that there is no jizya [on them]."
  125. ^ Seed, Patricia. Ceremonies of Possession in Europe's Conquest of the New World, 1492–1640, Cambridge University Press, Oct 27, 1995, pp. 79–80.
  126. ^ Al-Yaqoubi, Muhammad (2015). Refuting ISIS: A Rebuttal Of Its Religious And Ideological Foundations. Sacred Knowledge. pp. 54–5. ISBN 978-1908224125.
  127. ^ Markovits, C. (Ed.). (2002). A History of Modern India: 1480–1950. Anthem Press; pages 28-39, 89–127
  128. ^ Jackson, Peter (2003). The Delhi Sultanate : a political and military history. Cambridge: Cambridge University Press. pp. 282–9. ISBN 978-0-521-54329-3.
  129. ^ Eraly, Abraham (2000). Emperors of the peacock throne : the saga of the great Mughals. New York: Penguin Books. pp. 401–6. ISBN 978-0-14-100143-2.
  130. ^ Kishori Saran Lal. "Political conditions of the Hindus under the Khaljis". Proceedings of the Indian History Congress. 9: 232.
  131. ^ Gerber, Jane (1995). Sephardic studies in the university. London: Fairleigh Dickinson University Press. pp. 54–74. ISBN 978-0-8386-3542-1.
  132. ^ Daniel Dennett (1950). Conversion and the Poll Tax in Early Islam. Harvard University Press. pp. 107–10, 116–28. ISBN 978-0-674-33158-7.
  133. ^ Goiten, S.D., "Evidence on the Muslim Poll Tax from Non-Muslim Sources", Journal of the Economic and Social History of the Orient 1963, Vol. 6, pp. 278–9, quote - "The provisions of ancient Islamic law which exempted the indigent, the invalids and the old, were no longer observed in the Geniza period and had been discarded by the Shāfi'ī School of Law, which prevailed in Egypt, also in theory."
  134. ^ Stilt, Kristen (12 January 2012). "Case5.4". Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt. OUP Oxford. ISBN 9780191629822. Retrieved 19 January 2016.
  135. ^ Eliyahu Ashtor and Leah Bornstein-Makovetsky (2008), Encyclopaedia Judaica, 2nd Edition, Volume 12, Thomson Gale, Article: Kharaj and Jizya, Quote: "...Many extant *Genizah letters state that the collectors imposed the tax on children and demanded it for the dead. As the family was held responsible for the payment of the jizya by all its members, it sometimes became a burden and many went into hiding in order to escape imprisonment. For example there is a Responsum by *Maimonides from another document, written in 1095, about a father paying the jizya for his two sons, 13 and 17 years old. From another document, written around 1095, it seems that the tax was due from the age of nine."
  136. ^ Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. p. 60. The rates of jizyah levied by the early conquerors were not uniform (online)
  137. ^ Tritton 2008, p. 204.
  138. ^ Hamidullah, Muhammad (1970). Introduction to Islam. International Islamic Federation of Student Organizations. p. 173. In the time of the Prophet, the jizyah amounted to ten dirhams annually, which represented the expenses of an average family for ten days.
  139. ^ Hunter, Malik and Senturk, p. 77
  140. ^ a b Stillman 1979, pp. 159–160.
  141. ^ Shah, Nasim Hasan (1988). "The concept of Al‐Dhimmah and the rights and duties of Dhimmis in an Islamic state". Journal of Muslim Minority Affairs. 9 (2): 219. doi:10.1080/02666958808716075. ISSN 0266-6952. Instead of cash, jizya may be paid in kind.
  142. ^ a b al-Qaraḍāwī, Yūsuf (1992). Ghayr al-Muslimīn fī al-Mujtamaʿ al-ʾIslāmī غير المسلمين في المجتمع الاسلامي (in Arabic). Cairo: Maktabat Wahbah. p. 39. ISBN 978-977-7236-55-3. 3rd Ed. Quote: «وكان يسمح بدفع الجزية نقداً أو عيناً، لكن لا يسمح بتقديم الميتة أو الخنزير أو الخمر بدلاً من الجزية.» Translation: "And it was accepted to pay it in cash or in kind, but it wasn't permitted to [pay] the jizya by means of dead [animals], pigs or wine." (online)
  143. ^ a b Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. p. 60. This tax could be paid in kind if desired; cattle, merchandise, household effects, even needles were to be accepted in lieu of specie, but not pigs, wine, or dead animals. (online)
  144. ^ The Spread of Islam Throughout the World, edited by Idris El Hareir, Ravane Mbaye, p. 200.
  145. ^ Mufti Muhammad Shafi, Ma'ārifu'l-Qur'ān 4, p. 364.
  146. ^ Al-Nawawī (Translated by E.C. Howard) (2005). Minhaj et talibin: a manual of Muhammadan law. Adam Publishers. pp. 339-340. ISBN 978-81-7435-249-1.
  147. ^ Ahmet Davutoğlu (1994), Alternative paradigms: the impact of Islamic and Western Weltanschauungs on political theory, p. 160. University Press of America.
  148. ^ Ibn Qudamah, Al-Mughni, 13/209-10. Quote: «وفي مقدار الجزية ثلاث روايات: 1 - أنها مقدرة بمقدار لا يزيد عليه ولا ينقص منه، وهذا قول أبي حنيفة والشافعي؛ [...] 2 - أنها غير مقدرة بل يرجع فيها إلى اجتهاد الإمام في الزيادة والنقصان، قال الأشرم: قيل لأبي عبد الله: فيزداد اليوم فيه وينقص؟ يعني من الجزية، قال: نعم، يزاد فيه وينقص على قدر طاقتهم، على ما يرى الإمام، [...] وعمر جعل الجزية على ثلاث طبقات: - على الغني ثمانية وأربعين درهمًا. - وعلى المتوسط أربعة وعشرين درهما. - وعلى الفقير اثني عشر درهما. [...] وهذا يدل على أنها إلى رأي الإمام. [...] قال البخاري في صحيحه (4/ 117)، قال ابن عيينة: عن ابن أبي نجيح، قلت لمجاهد: ما شأن أهل الشام عليهم أربعة دنانير، وأهل اليمن عليهم دينار؟ قال: جعل ذلك من أجل اليسار، ولأنها عوض فلم تتقدر كالأجرة. 3 - أن أقلها مقدر بدينار، وأكثرها غير مقدر، وهو اختيار أبي بكر، فتجوز الزيادة ولا يجوز النقصان؛» Translation:(incomplete) "Concerning the rate of jizya, [we can discern between] three opinions: 1. That it is a fixed amount that can't be augmented, nor abated, and this is the opinion [as narrated from] Abu Hanifa and al-Shafi'i; [...] 2. That it isn't fixed, but it is up to the Imam (Muslim ruler) to make ijtihad (independent reasoning) in [determining whether to make] additions or subtractions, al-Ashram said: It was said to Abi 'Abd Allah: So we add or reduce it? Meaning from jizya. He said: "Yes, it is added or subtracted according to their (dhimmis) capability, [and] according to what the Imam sees [most fitting] [...] And 'Umar made the jizya into three different layers: 48 dirhams from the rich, 24 dirhams from the middle class and 12 dirhams from the [working] poor. [...] And this indicates that it goes to the opinion of the Imam. [...] al-Bukhari said in his Sahih (4:117): Ibn 'Uyaynah said: From Ibn Abi Najih: I said to Mujahid: What is the matter with the people of al-Sham who are required to pay 4 dinars, whereas the people of Yemen [only] pay one dinar? He said: It was made so for easing things (depending on the capacity of each), and since it is in exchange for something so its [amount] wasn't fixed like employment. [...] 3. That its minimum is rated at one dinar, but its maximum isn't fixed, and this is the choice of Abu Bakr, so it is permitted to add, and it wouldn't be lawful to reduce."
  149. ^ Ibn Khaldun, translation: Franz Rosenthal, N. J. Dawood (1969), The Muqaddimah : an introduction to history ; in three volumes 1, p. 230. Princeton University Press.
  150. ^ Ahmad ibn Naqib al-Misri, Nuh Ha Mim Keller (1368). "Reliance of the Traveller" (PDF). Amana Publications. p. 608. Retrieved 14 May 2020.
  151. ^ Ahmad ibn Naqib al-Misri, Nuh Ha Mim Keller (1368). "A Classic Manual of Islamic Scared Law" (PDF). Shafiifiqh.com. Retrieved 14 May 2020.
  152. ^ Ennaji, Mohammed (2013). Slavery, the state, and Islam. Cambridge University Press. pp. 60–4. ISBN 978-0521119627.
  153. ^ Aghnides, Nicolas (2005). Islamic theories of finance : with an introduction to Islamic law and a bibliography. Gorgias Press. pp. 398–408. ISBN 978-1-59333-311-9.
  154. ^ Tsadik, Daniel (2007). Between foreigners and Shi'is : nineteenth-century Iran and its Jewish minority. Stanford, USA: Stanford University Press. pp. 25–30. ISBN 978-0-8047-5458-3.
  155. ^ Cohen 2008, pp. 56, 64, 69.
  156. ^ a b Al-Nawawī, Rawḍat al-Ṭālibīn wa ‛Umdat al-Muftīn, vol. 10, pp. 315–6. al-Maktab al-Islamiy. Ed. Zuhayr al-Chawich. Quote: « قُلْتُ: هَذِهِ الْهَيْئَةُ الْمَذْكُورَةُ أَوَّلًا: لَا نَعْلَمُ لَهَا عَلَى هَذَا الْوَجْهِ أَصْلًا مُعْتَمَدًا، وَإِنَّمَا ذَكَرَهَا طَائِفَةٌ مِنْ أَصْحَابِنَا الخراسَانِيِّينَ، وَقَالَ جُمْهُورٌ الْأَصْحَابِ: تُؤْخَذُ الْجِزْيَةُ بِرِفْقٍ ، كَأَخْذِ الدُّيُونِ . فَالصَّوَابُ الْجَزْمُ بِأَنَّ هَذِهِ الْهَيْئَةَ بَاطِلَةٌ مَرْدُودَةٌ عَلَى مَنِ اخْتَرَعَهَا، وَلَمْ يُنْقَلْ أَنَّ النَّبِيَّ وَلَا أَحَدًا مِنَ الْخُلَفَاءِ الرَّاشِدِينَ فَعَلَ شَيْئًا مِنْهَا ، مَعَ أَخْذِهِمِ الْجِزْيَةَ.» Translation: "As for this aforementioned practice (hay'ah), I know of no sound support for it in this respect, and it is only mentioned by the scholars of Khurasan. The majority (jumhūr) of scholars say that the jizya is to be taken with gentleness, as one would receive a debt (dayn). The reliably correct opinion is that this practice is invalid and those who devised it should be refuted. It is not related that the Prophet or any of the rightly-guided caliphs did any such thing when collecting the jizya." (Translation by Dr. Caner Dagli, taken from: H.R.H. Prince Ghazi Muhammad, Ibrahim Kalin and Mohammad Hashim Kamali (Editors) (2013), War and Peace in Islam: The Uses and Abuses of Jihad 2017-07-09 at the Wayback Machine, pp. 82–3. The Islamic Texts Society Cambridge. ISBN 978-1-903682-83-8.)
  157. ^ Ramadan al-Buti, Muhammad Sa'id (2005). Al-Jihād fī'l-Islām. Damascus: Dār al-Fikr. p. 133. Quote: «الإمام النووي [...] قال في كتابه روضة الطالبين [...]: «قلْت: هذه الْهيئَة الْمذكورة أَولا: لا نعلَم لها علَى هذا الْوجه أَصلا معتمدا، وإِنما ذكرها طائِفة من أَصحابنا الخراسانيين، وقال جمهور الأَصحاب: تؤْخذ الجزية برفق، كأَخذ الديون. فالصواب الجزم بأَن هذه الْهيئَة باطلة مردودة على من اخترعها، ولم ينقل أَن النبي ولا أَحدا من الخلَفاء الراشدين فعل شيئَا منها، مع أَخذهم الْجزية.» وقد كرر هذا التحذير وهذا النكير على هؤلاء المخترعين، في كتابه المشهور المنهاج.» Translation: "The Imām al-Nawawī [...] said in his book Rawḍat al-Ṭālibīn [...] : «I said: As for this aforementioned practice, I know of no sound support for it in this respect, and it is only mentioned by the scholars of Khurasan. The majority (jumhūr) of scholars say that the jizya is to be taken with gentleness, as one would receive a debt (dayn). The reliably correct opinion is that this practice is invalid and those who devised it should be refuted. It is not related that the Prophet or any of the rightly-guided caliphs did any such thing when collecting the jizya.» And he repeated this warning and this negation on those innovators, in his famous book al-Minhāj." (online)
  158. ^ Ramadan al-Buti, Muhammad Sa'id (2005). Al-Jihād fī'l-Islām. Damascus: Dār al-Fikr. p. 133. Quote: «ونقل إبن قدامة في مغنيه بعض هذه المخترعات الباطلة، ثم أوضح أن عمل رسول الله ﷺ وأصحابه والخلفاء الراشدين كان على خلاف ذلك، وأنهم كانوا يتواصون باستحصال هذا الحق بالرفق وإتباع اللطف في ذلك.» Translation: "And Ibn Qudāmah mentioned in his Mughni (encyclopedic book on fiqh) some of these flawed innovations [in the collection of this tax], and he clarified that the way of the Prophet of God - Peace be upon him -, his companions, and the rightly-guided caliphs was contrary to that, and that they encouraged that jizya be collected with gentleness and kindness." (online)
  159. ^ Ibn Qudamah, Al-Mughni, 4:250.
  160. ^ Al-Qurtubi, Ahkam al-Qur'an, vol. 8, p. 49. Quote: «وأما عقوبتهم إذا امتنعوا عن أدائها مع التمكين فجائز، فأما مع تبين عجزهم فلا تحل عقوبتهم، لأن من عجز عن الجزية سقطت عنه» Translation: "Their punishment in case of non-payment [of jizya] while they were able [to do so] is permitted; however, if their inability to pay it was clear, then it isn't lawful to punish them, since, if one isn't able to pay the jizya, then he is exempted."
  161. ^ Humphrey Fisher (2001), Slavery in the History of Muslim Black Africa. NYU Press. p. 47.
  162. ^ Lewis, Bernard (1992). Race and Slavery in the Middle East: An Historical Enquiry. Oxford University Press. pp. 7. ISBN 978-0195053265. [...] those who remained faithful to their old religions and lived as protected persons (dhimmis) under Muslim rule could not, if free, be legally enclaved unless they had violated the terms of the dhimma, the contract governing their status, as for example by rebelling against Muslim rule or helping the enemies of the Muslim state or, according to some authorities, by withholding payment of the Kharaj or the Jizya, the taxes due from dhimmis to the Muslim state.
  163. ^ Mark R. Cohen (2005), Poverty and Charity in the Jewish Community of Medieval Egypt, Princeton University Press, ISBN 978-0691092720, pp. 120–3; 130–8, Quotes: "Family members were held responsible for individual's poll tax (mahbus min al-jizya)"; "Imprisonment for failure to pay (poll tax) debt was very common"; "This imprisonment often meant house arrest... which was known as tarsim"
  164. ^ I. P. Petrushevsky (1995), Islam in Iran, SUNY Press, ISBN 978-0-88706-070-0, pp 155, Quote - "The law does not contemplate slavery for debt in the case of Muslims, but it allows the enslavement of Dhimmis for non-payment of jizya and kharaj.(...) "
  165. ^ Scott C. Levi (2002), "Hindu Beyond Hindu Kush: Indians in the Central Asian Slave Trade." Journal of the Royal Asiatic Society, 12, Part 3 (November 2002): p. 282
  166. ^ Çizakça, Murat (2011). Islamic Capitalism and Finance: Origins, Evolution and the Future. p. 20.
  167. ^ Weiss, Holger. Social Welfare in Muslim Societies in Africa. p. 18.
  168. ^ Holger Weiss, Social Welfare in Muslim Societies in Africa, p. 17.
  169. ^ a b c Cahen, p. 562.
  170. ^ Kamaruddin Sharif; Wang Yong Bao (2013-08-05). Iqbal, Zamir; Mirakhor, Abbas (eds.). Economic Development and Islamic Finance. p. 239. ISBN 978-0-8213-9953-8. As these examples show, the responsibility for social safety and security that the Islamic state has undertaken has not been restricted to its citizens, but has also included all residents.
  171. ^ 'Umar bin 'Abd al-'Aziz Qurchi, Samahat al-Islam. pp. 278-9. Maktabat al-'Adib.
  172. ^ Kamaruddin Sharif; Wang Yong Bao. Iqbal, Zamir; Mirakhor, Abbas (eds.). Economic Development and Islamic Finance. p. 239.
  173. ^ Nuʻmānī, Shiblī (2004). Umar: Makers of Islamic Civilization. London: I.B. Tauris. p. 131. ISBN 9781850436706.
  174. ^ Hamidullah, Muhammad (1998). Le Prophète de l'Islam : Sa vie, Son œuvre (in French). Vol. 2. Paris: El-Najah. pp. 877–8. Rappelons ici la pratique du Calife Abû Bakr : après la conquête de la ville de Hîrah, le commandant Khâlid, au nom du calife, conclut un traité, où il dit : "... en outre, je leur accorde que tout vieillard qui deviendrait inapte au travail, ou qu'aurait frappé un malheur, ou bien qui, de riche deviendrait pauvre, se mettant ainsi à la merci de la charité de ses coreligionnaires, sera exonéré par moi de la jizya (capitation), et recevra l'aide du Trésor Public des Musulmans, lui et les personnes dont il a la charge, et ce, pour aussi longtemps qu'il demeurera en terre d'Islam (dâr al-Islam). Translation: "Let us recall here the practice of the Caliph Abu Bakr : After the conquest of the city of Hirah, the commandant Khalid, by the name of the Caliph, concluded a treaty, where he states : "... I assured them that any [non-Muslim] person 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 jizya and he and his family will be supplied with sustenance by the Bayt al-Mal (public treasury), and this, as long as he's staying in the abode of Islam (dar al-Islam)."
  175. ^ al-Zuḥaylī, Wahbah (1998). ʾĀthar al-ḥarb fī l-fiqh al-Islāmī : dirāsah muqārinah آثار الحرب في الفقه الإسلامي : دراسة مقارنة (in Arabic). Damascus: Dār al-Fikr. p. 700. ISBN 978-1-57547-453-3. Quote: «و جاء في كتاب خالد بن الوليد لأهل الحيرة: و جعلت لهم أيما شيخ ضعف عن العمل، أو أصابته آفة من الآفات، أو كان غنياً فافتقر و سار أهل دينه يتصدقون عليه، طرحت جزيته و عيل من بيت مال المسلمين و عياله.» Translation: "And it was stated in the treaty of Khalid b. al-Walid with the people of al-Hirah: I assured them that any [non-Muslim] person 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 jizya and he and his family will be supplied with sustenance by the Bayt al-Mal (public treasury)." (online)
  176. ^ Abu Yusuf. Kitāb al-Kharāj كتاب الخراج (in Arabic). Beirut: Dār al-Maʿrifah. pp. 143–4. Quote: «هذا كتاب من خالد بن الوليد لاهل الحيرة [...] وأيما شخص ضعف عن العمل أو أصابته آفة من الآفات أو كان غنيا فافتقر وصار أهل دينه يتصدقون عليه، طرحت جزيته وأعيل من بيت مال المسلمين و عياله» Translation: "This is a treaty of Khalid b. al-Walid to the people of al-Hirah [...] Any [non-Muslim] person 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 jizya and he and his family will be supplied with sustenance by the Bayt al-Mal (public treasury)."
  177. ^ Iḥsān, Al-Hindī (1993). Aḥkām al-Ḥarb wa al-Salām fī Dawlat al-Islām أحكام الحرب والسلام في دولة الإسلام (in Arabic). Damascus: Dār al-Numayr. p. 15. Quote: «و كان للذميين كذلك نوع من التأمين الاجتماعي ضد العوز و الشيخوخه و المرض، و الدليل على ذلك أن خالداً بن الوليد كتب في عهده لأهل الحيرة المسيحيين بعد فتحها: 《 و جعلت لهم أيما شيخ ضعف عن العمل، أو أصابته آفة من الآفات، أو كان غنياً فافتقر و سار أهل دينه يتصدقون عليه، طرحت جزيته و عيل من بيت مال المسلمين و عياله 》» Translation: "And dhimmis had also a kind of social insurance in case of destitution or advanced age or sickness, and the justification for that is the treaty of Khalid b. al-Walid that he wrote with the people of al-Hirah [who were] Christians after its fath: 《Any [non-Muslim] person 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 jizya and he and his family will be supplied with sustenance by the Bayt al-Mal (public treasury).》"
  178. ^ al-Qaraḍāwī, Yūsuf (1992). Ghayr al-Muslimīn fī al-Mujtamaʿ al-ʾIslāmī غير المسلمين في المجتمع الاسلامي (in Arabic). Cairo: Maktabat Wahbah. pp. 16–7. ISBN 978-977-7236-55-3. 3rd Ed. (online); al-Qaraḍāwī, Yūsuf (2009). Fiqh al-Jihād: Dirāsah Muqāranah li-Aḥkāmih wa Falsafatih fī Ḍawʾ al-Qurʾān wa al-Sunnah فقه الجهاد: دراسة مقارنة لأحكامه وفلسفته في ضوء القرآن والسنة (in Arabic). Vol. 2. Cairo: Maktabat Wahbah. p. 1005. ISBN 978-977-225-246-6. 3rd Ed. Quote: «قال رسول الله ﷺ: «كُلُّكُمْ رَاعٍ، وَكُلُّكُمْ مَسْئُولٌ عَنْ رَعِيَّتِهِ، فَالإِمَامُ رَاعٍ وَهْوَ مَسْئُولٌ عَنْ رَعِيَّتِهِ ...» وهذا ما مضت به سنة الراشدين ومن بعدهم. ففي عقد الذمة اللذي كتبه خالد إبن الوليد لأهل الحيرة بالعراق، وكانوا من النصارى: (وجعلت لهم: أيما شيخ ضعف عن العمل، أو اصابته آفة من الآفات، أو كان غنياً فافتقر وصار أهل دينه يتصدقون عليه: طرحت جزيته، وعيل من بيت مال المسلمين هو وعياله). وكان هذا في عهد أبي بكر الصديق، وبحضرة عدد كبير من الصحابة، وقد كتب خالد به إلى أبي بكر الصديق خليفة رسول الله، ولم ينكر عليه أحد، ومثل هذا يعد إجماعاً.» Translation: "The Prophet of God ﷺ said: «Everyone of you is a guardian, and everyone of you is responsible for his charges: The ruler (Imām) is a guardian and is responsible for his subjects ...» And that is how things went in the (period) of the Rāshidūn and those after them. So we find in the treaty of protection between Khālid b. al-Walīd and the town of al-Ḥīrah in ʿIrāq, who were Christians: (I assured them that any [non-Muslim] person 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 jizya and he and his family will be supplied with sustenance by the public treasury). And this was in the era of Abū Bakr al-Ṣiddīq, with the presence of a large number of companions, and this was (also) written by Khālid to Abū Bakr al-Ṣiddīq the successor of the Prophet of God, and no one disagreed with him (on this matter), and (so) things like this are considered to be a consensus." (online)
  179. ^ Seed, Patricia (1995). Ceremonies of Possession in Europe's Conquest of the New World, 1492-1640. Cambridge University Press. p. 79. ISBN 978-0-521-49757-2. Retrieved 21 February 2020.
  180. ^ Seed, Patricia (1995). Ceremonies of Possession in Europe's Conquest of the New World, 1492-1640. Cambridge University Press. p. 82. ISBN 978-0-521-49757-2. Retrieved 21 February 2020. Payment of tribute was often rationalized, as jizya had been, as a contribution by indigenous peoples to their military defense.
  181. ^ a b c d Cahen, p. 559.
  182. ^ William Montgomery Watt (1980), pp. 49–50.
  183. ^ Hoyland, In God's Path, 2015: p.198
  184. ^ a b c d e Stillman 1979, pp. 17–18.
  185. ^ a b Gil, Moshe (1997). A History of Palestine: 634–1099. Cambridge University Press. pp. 28–30.
  186. ^ Bravmann 2009, p. 204. "Whereas in the (non-Islamic) examples mentioned by us above the good deed consists in the pardon granted by an individual according to his discretion to an individual who has been vanquished and taken captive by him, in the Qur'an verse discussed by us the good deed, and hence also the "reward" (jizya = jaza' = tawab) necessarily following it according to ancient Arab common law have become a practice normally occurring and that must be performed: the life of all prisoners of war belonging to a certain privileged category of non-believers must, as a rule, be spared. All must be subject to pardon - provided they grant the "reward" (jizya) to be expected for an act of pardon (sparing of life)."
  187. ^ Anver M. Emon, Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law, p. 98, note 3. Oxford University Press, ISBN 978-0199661633. Quote: "Some studies question the nearly synonymous use of the terms kharaj and jizya in the historical sources. The general view suggests that while the terms kharaj and jizya seem to have been used interchangeably in early historical sources, what they referred to in any given case depended on the linguistic context. If one finds references to "a kharaj on their heads," the reference was to a poll tax, despite the use of the term kharaj, which later became the term of art for land tax. Likewise, if one fins the phrase "jizya on their land," this referred to a land tax, despite the use of jizya which later come to refer to the poll tax. Early history therefore shows that although each term did not have a determinate technical meaning at first, the concepts of poll tax and land tax existed early in Islamic history." Denner, Conversion and the Poll Tax, 3–10; Ajiaz Hassan Qureshi, "The Terms Kharaj and Jizya and Their Implication," Journal of the Punjab University Historical Society 12 (1961): 27–38; Hossein Modarressi Rabatab'i, Kharaj in Islamic Law (London: Anchor Press Ltd, 1983).
  188. ^ Dennett 1950, p. 11.
  189. ^ a b c d e f g h i j k l m n Cahen, p. 560.
  190. ^ Hoyland 2014, p. 99.
  191. ^ a b Hoyland 2014, p. 199.
  192. ^ a b c d e f g Cahen, p. 561.
  193. ^ Dennett 1950, p. 103. "ʿUmar II, however ordered all converts to be exempt from the poll tax. They paid their land tax as always."
  194. ^ Hoyland 2014, pp. 201–202.
  195. ^ Dennett 1950, p. 113.
  196. ^ Hoyland 2014, p. 200.
  197. ^ Jackson, Peter (2003). The Delhi Sultanate: A Political and Military History. Cambridge University Press. pp. 284–6. ISBN 978-0521543293.
  198. ^ Irfan Habib, Economic History of Medieval India, 1200-1500, Vol VIII, part 1, pp. 78–80. ISBN 978-81-317-2791-1.
  199. ^ Fouzia Ahmed (2009), The Delhi Sultanate: A Slave Society or A Society with Slaves?, Pakistan Journal of History and Culture, 30(1): 8-9
  200. ^ Elliot, H. M. (Henry Miers), Sir; John Dowson (1867). "15. Táríkh-i Fíroz Sháhí, of Ziauddin Barani". The History of India, as Told by Its Own Historians. The Muhammadan Period (Vol 3.). London, Trübner & Co. p. 184. Quote - The Sultan then asked, "How are Hindus designated in the law, as payers of tributes or givers of tribute? The Qazi replied, "They are called payers of tribute, and when the revenue officer demands silver from them, they should tender gold. If the officer throws dirt into their mouths, they must without reluctance open their mouths to receive it. The due subordination of the zimmi is exhibited in this humble payment and by this throwing of dirt in their mouths. The glorification of Islam is a duty. God holds them in contempt, for he says, "keep them under in subjection". To keep the Hindus in abasement is especially a religious duty, because they are the most inveterate enemies of the Prophet, and because the Prophet has commanded us to slay them, plunder them, enslave them and spoil their wealth and property. No doctor but the great doctor (Hanafi), to whose school we belong, has assented to the imposition of the jizya (poll tax) on Hindus. Doctors of other schools allow no other alternative but Death or Islam.
  201. ^ a b Vincent A Smith, The Oxford History of India: From the Earliest Times to the End of 1911 at Google Books, Chapter 2, pp 236–42, Oxford University Press
  202. ^ William Hunter (1903), A Brief History of the Indian Peoples, p. 124, at Google Books, 23rd Edition, pp. 124–8
  203. ^ Muḥammad ibn Tughluq Encyclopedia Britannica (2009)
  204. ^ a b c Vincent A Smith, The Oxford History of India: From the Earliest Times to the End of 1911 at Google Books, Chapter 2, pp. 249–51, Oxford University Press.
  205. ^ Futuhat-i Firoz Shahi Autobiography of Firoz Shah Tughlaq, Translated y Elliot and Dawson, Volume 3 - The History of India, Cornell University, pp 374–83
  206. ^ Annemarie Schimmel (1997). Islam in the Indian Subcontinent. Brill Academic. pp. 20–23. ISBN 978-9004061170.
  207. ^ Kingship in Kaśmīr (AD 1148‒1459); From the Pen of Jonarāja, Court Paṇḍit to Sulṭān Zayn al-‛Ābidīn. Edited by Walter Slaje. With an Annotated Translation, Indexes and Maps. [Studia Indologica Universitatis Halensis. 7.] Halle 2014. ISBN 978-3-86977-088-8
  208. ^ Slaje, Walter (2019). "What Does it Mean to Smash an Idol? Iconoclasm in Medieval Kashmir as Reflected by Contemporaneous Sanskrit Sources". Brahma's Curse : Facets of Political and Social Violence in Premodern Kashmir. Studia Indologica Universitatis Halensis - 13. p. 36. ISBN 978-3-86977-199-1.
  209. ^ Satish C. Misra, The Rise of Muslim Power in Gujarat (Bombay, 1963), p.175.
  210. ^ a b c Truschke, Audrey (2020-07-20). "5. Moral Man and Leader". Aurangzeb : The Life and Legacy of India's Most Controversial King. Stanford University Press. pp. 66–77. doi:10.1515/9781503602595-009. ISBN 978-1-5036-0259-5. S2CID 243691670.
  211. ^ Lal, Vinay. "Aurangzeb, Akbar, and the Communalization of History". Manas.
  212. ^ a b Lal, Vinay. "Aurangzeb's Fatwa on Jizya". MANAS. Retrieved 2021-02-05.
  213. ^ Chandra, Satish (1969). "Jizyah and the State in India during the 17th Century". Journal of the Economic and Social History of the Orient. 12 (3): 322–340. doi:10.2307/3596130. ISSN 0022-4995. JSTOR 3596130.
  214. ^ Aurangzeb, Emperor of Hindustan; Jamshedji Hormasji Bilimoriya (1908). Ruka'at-i-Alamgiri; or, Letters of Aurungzebe, with historical and explanatory notes;. University of California Libraries. London : Luzac [etc., etc.]
  215. ^ Truschke, Audrey (2017-01-01). "7. Later Years". Aurangzeb: The Life and Legacy of India's Most Controversial King. Stanford University Press. pp. 89–100. doi:10.1515/9781503602595-011. ISBN 978-1-5036-0259-5. S2CID 242351847.
  216. ^ Markovits, C. (Ed.). (2002). A History of Modern India: 1480–1950, Anthem Press. pp. 109-12.
  217. ^ a b Shlomo Simonsohn, Between Scylla and Charybdis: The Jews in Sicily, Brill, ISBN 978-9004192454, pp 24, 163
  218. ^ Stefan Winter (2012), The Shiites of Lebanon under Ottoman Rule, 1516–1788, Cambridge University Press, ISBN 978-1107411432, p. 64.
  219. ^ Encyclopaedia of Islam, 2nd Edition. Edited by: P. Bearman et al (1960), ISBN 9789004161214, Jizya
  220. ^ Egemen Yılgür|2023|the 1858 Tax Reform and the Other Nomads in Ottoman Asia |url=https://www.tandfonline.com/doi/full/10.1080/00263206.2023.2185882 |journal=Middle Eastern Studies|pages=1–20 |doi= https://doi.org/10.1080/00263206.2023.2185882
  221. ^ "The Zoroastrians who remained in Persia (modern Iran) after the Arab–Muslim conquest (7th century AD) had a long history as outcasts. Although they purchased some toleration by paying the jizya (poll tax), not abolished until 1882, they were treated as an inferior race, had to wear distinctive garb, and were not allowed to ride horses or bear arms." Gabars, Encyclopædia Britannica. 2007. Britannica Concise Encyclopedia. 29 May 2007.[full citation needed]
  222. ^ "Though in Tunisia and Algeria the jizya/kharaj practice was eliminated during the 19th century, Moroccan Jewry still paid these taxes as late as the first decade of the twentieth century." Michael M. Laskier, North African Jewry in the Twentieth Century: Jews of Morocco, Tunisia and Algeria, NYU Press, 1994, p. 12.
  223. ^ Mordechai Zaken, Jewish Subjects and their Tribal Chieftains in Kurdistan: A Study in Survival, Brill, 2007, pp. 280–284–71.
  224. ^ "Sikhs pay Rs 20 million as 'tax' to Taliban". Tribuneindia.com. 16 April 2009. Retrieved 30 October 2015.
  225. ^ Caris, Charlie. "The Islamic State Announces Caliphate". Institute for the Study of War. Retrieved 1 July 2014.
  226. ^ Scott, Rachel (2010). The challenge of political Islam non-Muslims and the Egyptian state. Stanford, Calif: Stanford University Press. p. 101. ISBN 978-0-8047-6906-8. In the mid-1980s Yusuf al-Qaradawi argued that non-Muslims should not serve in the army and should pay the jizya on the basis that the Islamic state is best protected by those who believe in it.
  227. ^ al-Qaraḍāwī, Yūsuf (2007). al-Dīn wa-al-siyāsah : taʼṣīl wa-radd shubuhāt الدين والسياسة : تأصيل ورد شبهات. Dublin: European Council for Fatwa and Research. p. 157. Quote: «و اليوم بعد أن أصبح التجنيد الإجباري مفروضا على كل المواطنين − مسلمين و غير مسلمين − لم يعد هناك مجال لدفع أي مال، لا باسم جزية، و لا غيرها.» Translation: "Nowadays, after military conscription has become compulsory for all citizens — Muslims and non-Muslims — there is no longer room for any payment, whether by name of jizya, or any other." (online)
  228. ^ Hoyland 2014, p. 198. "The most contentious aspect of this discriminatory policy was taxation. Initially, as one would expect, the Arabs, as conquerors and soldiers/rulers, did not pay any taxes. The (adult male) conquered people, on the other hand, all paid tax, irrespective of their religion or ethnicity, unless they were granted an exemption in return for providing military service or spying or the like."
  229. ^ a b c Stillman 1979, p. 28.
  230. ^ Malik, Jamal (2008). Islam in South Asia a short history. Leiden, Netherlands: Brill. p. 69. ISBN 978-90-04-16859-6. It is to be noted that this tax was collected in lieu of military service, but the problem gets compounded when we learn that so many Hindus fought in Muslim armies. It was only with expanding Muslim rule by the later half of the fourteenth century, that jizya was levied on non-Muslims as a discriminatory tax, but was relaxed here and there.
  231. ^ Chandra, S. (1969), Jizyah and the State in India during the 17th Century, Journal de l'histoire economique et sociale de l'Orient, p. 339. Quote: "Politically, the greatest objection to jizyah was that it harassed and alienated some of the most influential sections of the Hindus, namely the urban masses [...] These people were subjected to great harassment and oppression by the collectors of jizyah, and in retaliation resorted on a number of occasions to hartal and public demonstrations."
  232. ^ Markovits, Claude (2004). A history of modern India, 1480-1950. London: Anthem. p. 30. ISBN 978-1-84331-152-2. the jizya [was] the symbol par excellence of the superiority of Muslims over non-Muslims: it is highly doubtful that it was in reality levied as a tax distinct from the land tax; the terms jizya and kharaj are interchangeable in the texts dating from this time. The extremely theoretical nature of this discrimination must be kept in mind when there is reference to its abolition or its restoration under the Moguls.
  233. ^ Takim, L. (2007), Holy Peace or Holy War: Tolerance and Co-existence in the Islamic Juridical Tradition, Islam and Muslim Societies, 4(2). pp. 14-6
  234. ^ Ramadan al-Buti, Muhammad Sa'id (2005). Al-Jihād fī'l-Islām. Damascus: Dār al-Fikr. pp. 132–3. Quote: «تزيدات مبتدعة في طريقة استحصال الرسم أو الضريبة التي تسمى الجزية. و في معاملة الكتابيين عموماً، لم نقرأها في القرآن، و لم نجد دليلاً عليها في سنَّة عن رسول الله ﷺ، و إنما ذكرها بعض متأخري الفقهاء. [...] و قد أنكر محققو الفقهاء على إختلاف مذاهبهم، هده التزايدات المبتدعة، و المقحمة في أحكام الشرع و مبادئه، و حذروا من اعتمادها و الأخذ بها.» Translation: "Heretical additions in the collection methods of the tax that is called the jizya, and in the common behavior with the People of the Book in general, that we didn't read in the Qur'an, and that we didn't find evidence for in the Sunnah of the Prophet of God - Peace be upon him, but that was mentioned by some later jurists (fuqahā). [...] In point of fact, leading scholars (muḥaqqiqū) of jurisprudence, despite their differences in their respective schools of jurisprudence (madhāhib), have denied and refuted these heretical innovations, that were intrusive in the rules and principles of the Law, and they warned against following and taking them."
  235. ^ Emon, Anver (2012). Religious pluralism and Islamic law. Oxford, United Kingdom: Oxford University Press. p. 98. ISBN 978-0-19-966163-3. Imposing poll-taxes and other regulatory measures on minority religious communities was not unique to the Islamic tradition. Rather, discriminatory regulations were utilized by many polities throughout antiquity, late antiquity, and the medieval period.
  236. ^ Victoria, William L. Cleveland, late of Simon Fraser University, Martin Bunton, University of (2013). A history of the modern Middle East (Fifth ed.). New York: Westview Press. p. 13. ISBN 978-0813348346.
  237. ^ Lewis, Bernard (2002). Arabs in History. p. 57. ISBN 978-0-19280-31-08.
  238. ^ a b c Lapidus, Ira M. (2014). A History of Islamic societes. Cambridge University Press. p. 53. ISBN 9780521514309.
  239. ^ a b c d Tramontana, Felicita (2013). "The Poll Tax and the Decline of the Christian Presence in the Palestinian Countryside in the 17th Century". Journal of the Economic and Social History of the Orient. 56 (4–5): 631–652. doi:10.1163/15685209-12341337. The (cor)relation between the payment of the poll-tax and conversion to Islam, has long been the subject of scholarly debate. At the beginning of the twentieth century scholars suggested that after the Muslim conquest the local populations converted en masse to evade the payment of the poll tax. This assumption has been challenged by subsequent research. Indeed Dennett's study clearly showed that the payment of the poll tax was not a sufficient reason to convert after the Muslim conquest and that other factors—such as the wish to retain social status—had greater influence. According to Inalcik the wish to evade payment of the jizya was an important incentive for conversion to Islam in the Balkans, but Anton Minkov has recently argued that taxation was only one of a number of motivations.
  240. ^ Dennett 1950, p. 10. "Wellhausen makes the assumption that the poll tax amounted to so little that exemption from it did not constitute sufficient economic motive for conversion."
  241. ^ Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. pp. 59. ... but this jizyah was too moderate to constitute a burden, seeing that it released them from the compulsory military service that was incumbent on their Muslim fellow-subjects. Conversion to Islam was certainly attended by a certain pecuniary advantage, but his former religion could have had but little hold on a convert who abandoned it merely to gain exemption from the jizyah; and now, instead of jizyah, the convert had to pay the legal alms, zakāt, annually levied on most kinds of movable and immovable property. (online)
  242. ^ a b Cohen 2008, pp. 72–73.
  243. ^ Abdel-Haleem 2012, p. 86.

Sources

External links

  • Jizya – Encyclopædia Britannica

jizya, this, article, about, head, land, kharaj, arabic, jizyah, ǧizyah, ʒɪzjæ, capita, yearly, taxation, historically, levied, form, financial, charge, dhimmis, that, permanent, muslim, subjects, state, governed, islamic, quran, hadiths, mention, jizya, witho. This article is about the Tax per head For the land tax see Kharaj Jizya Arabic ج ز ي ة jizyah ǧizyah d ʒɪzjae is a per capita yearly taxation historically levied in the form of financial charge on dhimmis that is permanent non Muslim subjects of a state governed by Islamic law 1 2 3 The Quran and hadiths mention jizya without specifying its rate or amount 4 and the application of jizya varied in the course of Islamic history However scholars largely agree that early Muslim rulers adapted existing systems of taxation and tribute that were established under previous rulers of the conquered lands such as those of the Byzantine and Sasanian empires 5 6 7 8 9 Historically the jizya tax has been understood in Islam as a fee for protection provided by the Muslim ruler to non Muslims for the exemption from military service for non Muslims for the permission to practice a non Muslim faith with some communal autonomy in a Muslim state and as material proof of the non Muslims submission to the Muslim state and its laws 10 11 12 Muslim jurists required adult free sane males among the dhimma community to pay the jizya 13 while exempting women children elders handicapped the ill the insane monks hermits slaves 14 15 16 17 18 and musta mins non Muslim foreigners who only temporarily reside in Muslim lands 14 5 Dhimmis who chose to join military service were also exempted from payment 1 15 19 20 21 22 as were those who could not afford to pay 15 23 24 According to Islamic law elders handicapped etc must be given pensions and they must not go into begging Together with kharaj a term that was sometimes used interchangeably with jizya 25 26 27 taxes levied on non Muslim subjects were among the main sources of revenues collected by some Islamic polities such as the Ottoman Empire and Indian Muslim Sultanates 28 Jizya rate was usually a fixed annual amount depending on the financial capability of the payer 29 Sources comparing taxes levied on Muslims and jizya differ as to their relative burden depending on time place specific taxes under consideration and other factors 1 30 31 The term appears in the Quran referring to a tax or tribute from People of the Book specifically Jews and Christians Followers of other religions like Zoroastrians and Hindus too were later integrated into the category of dhimmis and required to pay jizya In the Indian Subcontinent the practice was eradicated by the 18th century It almost vanished during the 20th century with disappearance of Islamic states and spread of religious tolerance 32 The tax is no longer imposed by nation states in the Islamic world 33 34 although there are reported cases of organizations such as the Pakistani Taliban and ISIS attempting to revive the practice 32 35 36 Contents 1 Etymology and meaning 2 Rationale 2 1 Payment for protection 2 2 Other rationales 3 In the Qur an 4 In the classical era 4 1 Liability and exemptions 4 2 Rate of the jizya tax 4 3 Collection methods 4 4 Use of jizya tax 5 History 5 1 Origins 5 2 Emergence of classical taxation system 5 3 India 5 4 Southern Italy 5 5 Ottoman Empire 5 6 Abolition 5 7 Recent times 6 Assessment and historical context 7 See also 8 References 8 1 Notes 8 2 Citations 8 3 Sources 9 External linksEtymology and meaning EditCommentators disagree on the definition and derivation of the word jizya Ann Lambton writes that the origins of jizya are extremely complex regarded by some jurists as compensation paid by non Muslims for being spared from death and by others as compensation for living in Muslim lands 37 Shakir s English translations of the Qur an render jizya as tax while Pickthall and Arberry translate it as tribute Yusuf Ali prefers to transliterate the term as jizyah Yusuf Ali considered the root meaning of jizya to be compensation 38 39 whereas Muhammad Asad considered it to be satisfaction 38 Al Raghib al Isfahani d 1108 a classical Muslim lexicographer writes that jizya is a tax that is levied on Dhimmis and it is so named because it is in return for the protection they are guaranteed 40 He points out that derivatives of the word appear in some Qurʾanic verses as well such as 41 Such is the reward jazaʾ of those who purify themselves Q 20 76 While those who believed and did good deeds will have the best of rewards Q 18 88 And the retribution for an evil act is an evil one like it but whoever pardons and makes reconciliation his reward is due from God Q 42 40 And will reward them for what they patiently endured with a garden in Paradise and silk garments Q 76 12 and be repaid only according to your deeds Q 37 39 Muhammad Abdel Haleem states that the term poll tax does not translate the Arabic word jizya being also inaccurate in light of the exemptions granted to children women etc unlike a poll tax which by definition is levied on every individual poll head regardless of gender age or ability to pay He further adds that the root verb of jizya is j z y which means to reward somebody for something to pay what is due in return for something and adds that it is in return for the protection of the Muslim state with all the accruing benefits and exemption from military service and such taxes on Muslims as zakat 42 Historian al Tabari and the hadith scholar al Bayhaqi relate that some members of the Christian community asked ʿUmar ibn al Khattab if they could refer to the jizya as sadaqah literally charity which he agreed to 30 43 44 Based on this historical event the majority of jurists from Shafiʿis Ḥanafis and Ḥanbalis state that it is lawful to take the jizya from ahl al dhimmah by name of zakat or ṣadaqah meaning it is not necessary to call the tax that is taken from them by jizya and also based on the known legal maxim that states consideration is granted to objectives and meanings and not to terms and specific wordings 45 According to Lane s Lexicon jizya is the tax that is taken from the free non Muslim subjects of an Islamic government whereby they ratify the pact that ensures them protection 46 47 Michael G Morony states that 48 The emergence of protected status and the definition of jizya as the poll tax on non Muslim subjects appears to have been achieved only by the early eighth century This came as a result of growing suspicions about the loyalty of the non Muslim population during the second civil war and of the literalist interpretation of the Quran by pious Muslims Jane Dammen McAuliffe states that jizya in early Islamic texts was an annual tribute expected from non Muslims and not a poll tax 49 Similarly Thomas Walker Arnold writes that jizya originally denoted tribute of any type paid by the non Muslim subjects of the Arab empire but that it came later on to be used for the capitation tax as the fiscal system of the new rulers became fixed 50 Arthur Stanley Tritton states that both jizya in west and kharaj in the east Arabia meant tribute It was also called jawali in Jerusalem 51 52 Shemesh says that Abu Yusuf Abu Ubayd ibn al Sallam Qudama ibn Jaʿfar Khatib and Yahya ibn Adam used the terms Jizya Kharaj Ushr and Tasq as synonyms 53 Rationale EditSee also Dhimmi Payment for protection Edit According to Abou Al Fadl and other scholars classical Muslim jurists and scholars regard the jizya as a special payment collected from certain non Muslims in return for the responsibility of protection fulfilled by Muslims against any type of aggression 2 13 11 12 47 54 55 56 57 as well as for non Muslims being exempt from military service 13 58 11 12 20 38 42 59 60 and in exchange for the aid provided to poor dhimmis 31 In a treaty made by Khalid with some towns in the neighborhood of Hirah he writes If we protect you then jizya is due to us but if we do not then it is not due 61 62 63 64 65 Early Hanafi jurist Abu Yusuf writes After Abu ʿUbaydah concluded a peace treaty with the people of Syria and had collected from them the jizya and the tax for agrarian land kharaj he was informed that the Romans were readying for battle against him and that the situation had become critical for him and the Muslims Abu ʿUbaydah then wrote to the governors of the cities with whom pacts had been concluded that they must return the sums collected from jizya and kharaj and say to their subjects We return to you your money because we have been informed that troops are being raised against us In our agreement you stipulated that we protect you but we are unable to do so Therefore we now return to you what we have taken from you and we will abide by the stipulation and what has been written down if God grants us victory over them 66 67 68 69 In accordance with this order enormous sums were paid back out of the state treasury 67 and the Christians called down blessings on the heads of the Muslims saying May God give you rule over us again and make you victorious over the Romans had it been they they would not have given us back anything but would have taken all that remained with us 67 68 Similarly during the time of the Crusades Saladin returned the jizya to the Christians of Syria when he was compelled to retract from it 70 Moreover the Christian tribe of al Jurajima in the neighborhood of Antioch made peace with the Muslims promising to be their allies and fight on their side in battle on condition that they should not be called upon to pay jizya and should receive their proper share of the booty 21 71 The orientalist Thomas Walker Arnold writes that even Muslims were made to pay a tax if they were exempted from military service like non Muslims 72 73 Thus the Shafi i scholar al Khaṭib ash Shirbiniy states Military service is not obligatory for non Muslims especially for dhimmis since they give jizya so that we protect and defend them and not so that he defends us 74 Ibn Hajar al Asqalani states that there is a consensus amongst Islamic jurists that jizya is in exchange for military service 75 In the case of war jizya is seen as an option to end hostilities According to Abu Kalam Azad one of the main objectives of jizya was to facilitate a peaceful solution to hostility since non Muslims who engaged in fighting against Muslims were thereby given the option of making peace by agreeing to pay jizya In this sense jizya is seen as a means by which to legalize the cessation of war and military conflict with non Muslims 76 In a similar vein Mahmud Shaltut states that jizya was never intended as payment in return for one s life or retaining one s religion it was intended as a symbol to signify yielding an end of hostility and a participation in shouldering the burdens of the state 77 Other rationales Edit Modern scholars have also suggested other rationales for the Jizya both in a historic context and among modern Islamist thinkers as a justification for the use of Jizya in a modern context 78 79 including Historic rationalesas a means of inclusion of a non Muslim dhimmi in a land owned and ruled by a Muslim where routine payment of jizya was a tool of social stratification and treasury s revenue 10 not specific enough to verify as a financial and political incentive for dhimmis to convert to Islam 10 need quotation to verify The Muslim jurist and theologian Fakhr al Din al Razi suggested in his interpretation of Q 9 29 that jizya is an incentive to convert Taking it is not intended to preserve the existence of disbelief kufr in the world Rather he argues jizya allows the non Muslim to live amongst Muslims and take part in Islamic civilization in the hope that the non Muslim will convert to Islam 80 as a substantial source of revenue for at least some times and places such as the Umayyad era and as economically inconsequential in others 81 82 Asma Afsaruddin also writes that around the end of the 8th century CE payment of the jizyah began to be conceptualized by a number of influential jurists as a marker of inferior socio legal status for the non Muslim as earlier tolerant attitudes toward non Muslims began to harden 83 Modern rationalesSayyid Qutb saw it as punishment for polytheism Modern Pakistani scholars have taking the stance of viewing the badge of humiliation or as a mercy for non Muslims for the protection given to them by the Muslims a Abdul Rahman Doi has interpreted it as a counterpart of the zakat tax paid by Muslims 78 In the Qur an EditJizya is sanctioned by the Qur an based on the following verse qatilu lladhina la yuʾminuna bi llahi wa la bi l yawmi l akhir wa la yuḥarrimuna ma ḥarrama llahu wa rasuluh wa la yadinuna dina l ḥaqq ḥatta yu ṭu l jizyata an yadin wa hum ṣaghirun Fight those who believe not in God and in the Last Day and who do not forbid what God and His Messenger have forbidden and who follow not the Religion of Truth among those who were given the Book till they pay the jizyah with a willing hand being humbled Quran 9 29 translated via The Study Quran 84 85 1 Fight those who believe not in God and the Last Day qatilu lladhina la yuʾminuna bi llahi wa la bi l yawmi l akhir Commenting on this verse Muhammad Sa id Ramadan al Buti says 86 T he verse commands qital قتال and not qatl قتل and it is known that there is a big distinction between these two words For you say qataltu قتلت so and so if you initiated the fighting while you say qataltu قاتلت him if you resisted his effort to fight you by a reciprocal fight or if you forestalled him in that so that he would not get at you unawares Muhammad Abdel Haleem writes that there is nothing in the Qur an to say that not believing in God and the Last Day is in itself grounds for fighting anyone 87 Whereas Abu Ḥayyan states they are so described because their way of acting is the way of those who do not believe in God 87 Ahmad Al Maraghi comments 88 F ight those mentioned when the conditions which necessitate fighting are present namely aggression against you or your country oppression and persecution against you on account of your faith or threatening your safety and security as was committed against you by the Byzantines which was what led to Tabuk 2 Do not forbid what God and His Messenger have forbidden wa la yuḥarrimuna ma ḥarrama llahu wa rasuluh The closest and most viable cause must relate to jizya that is unlawfully consuming what belongs to the Muslim state which al Bayḍawi explains it has been decided that they should give 87 89 since their own scriptures and prophets forbid breaking agreements and not paying what is due to others His Messenger in this verse has been interpreted by exegetes as referring to Muḥammad or the People of the Book s own earlier messengers Moses or Jesus According to Abdel Haleem the latter must be the correct interpretation as it is already assumed that the People of the Book did not believe in Muḥammad or forbid what he forbade so that they are condemned for not obeying their own prophet who told them to honour their agreements 87 3 Who do not embrace the true faith or behave according to the rule of justice wa la yadinuna dina l ḥaqq A number of translators have rendered the text as those who do not embrace the true faith follow the religion of truth or some variation thereof 90 91 92 93 94 95 96 97 Muhammad Abdel Haleem argues against this translation preferring instead to render dina l ḥaqq as rule of justice The main meaning of the Arabic dana is he obeyed and one of the many meanings of din is behaviour al sira wa l ʿada 87 The famous Arabic lexicographer Fayruzabadi d 817 1415 gives more than twelve meanings for the word din placing the meaning worship of God religion lower in the list 87 98 Al Muʿjam al wasiṭ gives the following definition dana is to be in the habit of doing something good or bad dana bi something is to take it as a religion and worship God through it Thus when the verb dana is used in the sense of to believe or to practise a religion it takes the preposition bi after it e g dana bi l Islam and this is the only usage in which the word means religion 87 99 The jizya verse does not say la yadinuna bi dini l ḥaqq but rather la yadinuna dina l ḥaqq 87 Abdel Haleem thus concludes that the meaning that fits the jizya verse is thus those who do not follow the way of justice al ḥaqq i e by breaking their agreement and refusing to pay what is due 87 4 Until they pay jizya with their own hands ḥatta yu ṭu l jizyata an yadin Here ʿan yad from for at hand is interpreted by some to mean that they should pay directly without intermediary and without delay Others say that it refers to its reception by Muslims and means generously as in with an open hand since the taking of the jizya is a form of munificence that averted a state of conflict 100 al Ṭabari gives only one explanation that it means from their hands to the hands of the receiver just as we say I spoke to him mouth to mouth we also say I gave it to him hand to hand 24 M J Kister understands an yad to be a reference to the ability and sufficient means of the dhimmi 101 Similarly Rashid Rida takes the word Yad in a metaphorical sense and relates the phrase to the financial ability of the person liable to pay jizya 38 5 While they are subdued wa hum ṣaghirun Mark R Cohen writes that while they are subdued was interpreted by many to mean the humiliated state of the non Muslims 102 According to Ziauddin Ahmed in the view of the majority of Fuqaha Islamic jurists the jizya was levied on non Muslims in order to humiliate them for their unbelief 103 In contrast Abdel Haleem writes that this notion of humiliation runs contrary to verses such as Do not dispute with the People of the Book except in the best manner Q 29 46 and the Prophetic ḥadith 104 May God have mercy on the man who is liberal and easy going samḥ when he buys when he sells and when he demands what is due to him 24 Al Shafi i the founder of the Shafi i school of law wrote that a number of scholars explained this last expression to mean that Islamic rulings are enforced on them 105 106 107 This understanding is reiterated by the Hanbali jurist Ibn Qayyim al Jawziyya who interprets wa hum ṣaghirun as making all subjects of the state obey the law and in the case of the People of the Book pay the jizya 58 In the classical era EditLiability and exemptions Edit Rules for liability and exemptions of jizya formulated by jurists in the early Abbasid period appear to have remained generally valid thereafter 108 109 Islamic jurists required adult free sane able bodied males of military age with no religious functions among the dhimma community to pay the jizya 13 while exempting women children elders handicapped monks hermits the poor the ill the insane slaves 13 14 15 16 17 as well as musta mins non Muslim foreigners who only temporarily reside in Muslim lands 14 and converts to Islam 37 Dhimmis who chose to join military service were exempted from payment 1 15 19 21 22 If anyone could not afford this tax they would not have to pay anything 15 58 24 Sometimes a dhimmi was exempted from jizya if he rendered some valuable services to the state 73 The Hanafi scholar Abu Yusuf wrote slaves women children the old the sick monks hermits the insane the blind and the poor were exempt from the tax 110 and states that jizya should not be collected from those who have neither income nor any property but survive by begging and from alms 110 The Hanbali jurist al Qaḍi Abu Yaʿla states there is no jizya upon the poor the old and the chronically ill 111 Historical reports tell of exemptions granted by the second caliph Umar to an old blind Jew and others like him 13 112 113 114 115 116 117 The Maliki scholar Al Qurtubi writes that there is a consensus amongst Islamic scholars that jizya is to be taken only from heads of free men past puberty who are the ones fighting but not from women the children the slaves the insane and the dying old 118 The 13th century Shafi i scholar Al Nawawi wrote that a woman a hermaphrodite a slave even when partially enfranchised a minor and a lunatic are exempt from jizya 119 120 The 14th century Hanbali scholar Ibn Qayyim wrote And there is no Jizya upon the aged one suffering from chronic disease the blind and the patient who has no hope of recovery and has despaired of his health even if they have enough 121 Ibn Qayyim adds referring to the four Sunni maddhabs There is no Jizya on the kids women and the insane This is the view of the four imams and their followers Ibn Mundhir said I do not know anyone to have differed with them Ibn Qudama said in al Mughni We do not know of any difference of opinion among the learned on this issue 122 In contrast the Shafi i jurist Al Nawawi wrote Our school insists upon the payment of the poll tax by sickly persons old men even if decrepit blind men monks workmen and poor persons incapable of exercising a trade As for people who seem to be insolvent at the end of the year the sum of the poll tax remained as debt to their account until they should become solvent 119 120 Abu Hanifa in one of his opinions and Abu Yusuf held that monks were subject to jizya if they worked 123 Ibn Qayyim stated that the dhahir opinion of Ibn Hanbal is that peasants and cultivators were also exempted from jizya 124 Though jizya was mandated initially for People of the Book Judaism Christianity Sabianism it was extended by Islamic jurists to all non Muslims 125 126 Thus Muslim rulers in India with the exception of Akbar collected jizya from Hindus Buddhists Jains and Sikhs under their rule 127 not specific enough to verify 128 129 While early Islamic scholars like Abu Hanifa and Abu Yusuf stated that jizya should be imposed on all non Muslims without distinction some later and more extremist jurists do not permit jizya for idolators and instead only allowed the choice of conversion to avoid death 130 The sources of jizya and the practices varied significantly over Islamic history 131 132 Shelomo Dov Goitein states that the exemptions for the indigent the invalids and the old were no longer observed in the milieu reflected by the Cairo Geniza and were discarded even in theory by the Shafi i jurists who were influential in Egypt at the time 133 According to Kristen A Stilt historical sources indicate that in Mamluk Egypt poverty did not necessarily excuse the dhimmi from paying the tax and boys as young as nine years old could be considered adults for tax purposes making the tax particularly burdensome for large poor families 134 Ashtor and Bornstein Makovetsky infer from Geniza documents that jizya was also collected in Egypt from the age of nine in the 11th century 135 Rate of the jizya tax Edit The rates of jizya were not uniform 83 as Islamic scripture gave no fixed limits to the tax 136 By the time of Mohammed the jiyza rate was one dinar per year imposed on male dhimmis in Medina Mecca Khaibar Yemen and Nejran 137 According to Muhammad Hamidullah the rate was ten dirhams per year in the time of the Prophet but this amounted to only the expenses of an average family for ten days 138 Abu Yusuf the chief qadhi of the caliph Harun al Rashid states that there was no amount permanently fixed for the tax though the payment usually depended on wealth the Kitab al Kharaj of Abu Yusuf sets the amounts at 48 dirhams for the richest e g moneychangers 24 for those of moderate wealth and 12 for craftsmen and manual laborers 139 140 Moreover it could be paid in kind if desired 58 141 142 cattle merchandise household effects even needles were to be accepted in lieu of specie coins 143 but not pigs wine or dead animals 142 143 The jizya varied in accordance with the affluence of the people of the region and their ability to pay In this regard Abu Ubayd ibn Sallam comments that the Prophet imposed 1 dinar then worth 10 or 12 dirhams upon each adult in Yemen This was less than what Umar imposed upon the people of Syria and Iraq the higher rate being due to the Yemenis greater affluence and ability to pay 144 The rate of jizya that were fixed and implemented by the second caliph of the Rashidun Caliphate namely Umar bin al Khattab during the period of his Khilafah were small amounts four dirhams from the rich two dirhams from the middle class and only one dirham from the active poor who earned by working on wages or by making or vending things 145 The 13th century scholar Al Nawawi writes The minimum amount of the jizya is one dinar per person per annum but it is commendable to raise the amount if it be possible to two dinars for those possessed of moderate means and to four for rich persons 146 Abu Ubayd insists that the dhimmis must not be burdened beyond their capacity nor must they be caused to suffer 147 Scholar Ibn Qudamah 1147 7 July 1223 narrates three views on what the rates of jizya should be That it is a fixed amount that can t be changed a view that is reportedly shared by scholars of fiqh Abu Hanifa and al Shafi i That it is up to the Imam Muslim ruler to make ijtihad independent reasoning so as to decide whether to add or decrease He gives the example of Umar making particular amounts for each class the rich the middle class and the active poor That there should be a strict minimum to be one dinar but there is no upper limit 148 Scholar Ibn Khaldun 1332 17 March 1406 states that jizya has fixed limits that cannot be exceeded 149 In the classical manual of Shafi i fiqh Reliance of the Traveller it is stated that t he minimum non Muslim poll tax is one dinar n 4 235 grams of gold per person A per year The maximum is whatever both sides agree upon 150 151 Collection methods Edit Ann Lambton states that the jizya was to be paid in humiliating conditions 37 Ennaji and other scholars state that some jurists required the jizya to be paid by each in person by presenting himself arriving on foot not horseback by hand in order to confirm that he lowers himself to being a subjected one and willingly pays 152 153 154 According to Mark R Cohen the Quran itself does not prescribe humiliating treatment for the dhimmi when paying Jizya but some later Muslims interpreted it to contain an equivocal warrant for debasing the dhimmi non Muslim through a degrading method of remission 155 In contrast the 13th century hadith scholar and Shafi ite jurist Al Nawawi comments on those who would impose a humiliation along with the paying of the jizya stating As for this aforementioned practice I know of no sound support for it in this respect and it is only mentioned by the scholars of Khurasan The majority of scholars say that the jizya is to be taken with gentleness as one would receive a debt The reliably correct opinion is that this practice is invalid and those who devised it should be refuted It is not related that the Prophet or any of the rightly guided caliphs did any such thing when collecting the jizya 112 156 157 Ibn Qudamah also rejected this practice and noted that Muhammad and the Rashidun caliphs encouraged that jizya be collected with gentleness and kindness 112 158 159 The Maliki scholar Al Qurtubi states their punishment in case of non payment of jizya while they were able to do so is permitted however if their inability to pay it was clear then it isn t lawful to punish them since if one isn t able to pay the jizya then he is exempted 160 According to Abu Yusuf jurist of the fifth Abbasid Caliph Harun al Rashid those who didn t pay jizya should be imprisoned and not be let out of custody until payment however the collectors of the jizya were instructed to show leniency and avoid corporal punishment in case of non payment 140 If someone had agreed to pay jizya leaving Muslim territory for enemy land was in theory punishable by enslavement if they were ever captured This punishment did not apply if the person had suffered injustices from Muslims 161 Failure to pay the jizya was commonly punished by house arrest and some legal authorities allowed enslavement of dhimmis for non payment of taxes 162 163 164 In South Asia for example seizure of dhimmi families upon their failure to pay annual jizya was one of the two significant sources of slaves sold in the slave markets of Delhi Sultanate and Mughal era 165 Use of jizya tax Edit Jizya was considered one of the basic tax revenues for the early Islamic state along with zakat kharaj and others 166 and was collected by the Bayt al Mal public treasury 167 Holger Weiss states that four fifths of the fay revenue that is jizya and kharaj goes to the public treasury according to the Shafi i madhhab whereas the Hanafi and Maliki madhhabs state that the entire fay goes to the public treasury 168 In theory jizya funds were distributed as salaries for officials pensions to the army and charity 169 Cahen states But under this pretext it was often paid into the Prince s khass private treasury 169 In later times jizya revenues were commonly allocated to Islamic scholars so that they would not have to accept money from sultans whose wealth came to be regarded as tainted 37 Sources disagree about expenditure of jizya funds on non Muslims Ann Lambton states that non Muslims had no share in the benefits from the public treasury derived from jizya 37 In contrast according to several Muslim scholars Islamic tradition records a number of episodes in which the second caliph Umar stipulated that needy and infirm dhimmis be supported from the Bayt al Mal which some authors hold to be representative of Islam 112 114 115 117 170 171 Evidence of jizya benefitting non residents and temporary residents of an Islamic state is found in the treaty Khalid bin al Walid concluded with the people of Al Hirah of Iraq wherein any aged person who was weak had lost his or her ability to work fallen ill or who had been rich but became poor would be exempt from jiyza and his or livelihood and the livelihood of his or her dependents who were not living permanently in the Islamic state would be met by Bayt al Mal 172 173 174 175 176 177 178 Hasan Shah states that non Muslim women children indigent slaves aren t only exempted from the payment of jizya but they are also helped by stipends from the public treasury when necessary 62 At least in the early Islamic era of the Umayyad the levy of Jizya was sufficiently onerous for non Muslims and its revenue sufficiently significant for rulers that there were more than a few accounts of non Muslims seeking to convert to avoid paying it and revenue conscious authorities denying them this opportunity 81 Robert Hoyland mentions repeated complaints by fiscal agents of revenues diminishing as conquered people converting to Islam of peasants attempting to convert and join the military but being rounded up and sent back to the countryside to pay taxes and governors circumventing the exemption on jizya for converts by requiring recitation of the Quran and circumcision 81 Patricia Seed describes the purpose of jizya as a personal form of ritual humiliation directed at those defeated by a superior Islam quoting the Quranic verse calling for jizya Fight those who believe not in Allah nor acknowledge the religion of truth until they pay the jizya with willing submission and feel themselves subdued noting that the word translated as subdued ṣaghirun comes from the root ṣ gh r small little belittled or humbled 179 Seed calls the idea that jizya was a contribution to help pay for the military defense of those who paid not a rationale but a rationalization one often found in societies were the conquered paid tribute to conquerors 180 History EditOrigins Edit The history of the origins of the jizya is very complex for the following reasons 181 Abbasid era authors who systematized earlier historical writings where the term jizya was used with different meanings interpreted it according to the usage common in their own time the system established by the Arab conquest was not uniform but rather resulted from a variety of agreements or decisions the earlier systems of taxation on which it was based are still imperfectly understood 181 William Montgomery Watt traces its origin to a pre Islamic practice among the Arabian nomads wherein a powerful tribe would agree to protect its weaker neighbors in exchange for a tribute which would be refunded if the protection proved ineffectual 182 Robert Hoyland describes it as a poll tax originally paid by the conquered people to the mostly Arab conquerors but which later became a religious tax payable only by non Muslims 183 Jews and Christians in some southern and eastern areas of the Arabian peninsula began to pay tribute called jizya to the Islamic state during Muhammad s lifetime 184 It was not originally the poll tax it was to become later but rather an annual percentage of produce and a fixed quantity of goods 184 During the Tabuk campaign of 630 Muhammad sent letters to four towns in the northern Hejaz and Palestine urging them to relinquish maintenance of a military force and rely on Muslims to ensure their security in return for payment of taxes 185 Moshe Gil argues that these texts represent the paradigm of letters of security that would be issued by Muslim leaders during the subsequent early conquests including the use of the word jizya which would later take on the meaning of poll tax 185 Jizya received divine sanction in 630 when the term was mentioned in a Quranic verse 9 29 184 Max Bravmann argues that the Quranic usage of the word jizya develops a pre Islamic common law principle which states that reward must necessarily follow a discretional good deed into a principle mandating that the life of all prisoners of war belonging to a certain category must be spared provided they grant the reward jizya to be expected for an act of pardon 186 In 632 jizya in the form of a poll tax was first mentioned in a document reportedly sent by Muhammad to Yemen 184 W Montgomery Watt has argued that this document was tampered with by early Muslim historians to reflect a later practice while Norman Stillman holds it to be authentic 184 Emergence of classical taxation system Edit Taxes levied on local populations in the wake of early Islamic conquests could be of three types based on whether they were levied on individuals on the land or as collective tribute 181 During the first century of Islamic expansion the words jizya and kharaj were used in all these three senses with context distinguishing between individual and land taxes kharaj on the head jizya on land and vice versa 181 187 In the words of Dennett since we are talking in terms of history not in terms of philology the problem is not what the taxes were called but what we know they were 188 Regional variations in taxation at first reflected the diversity of previous systems 189 The Sasanian Empire had a general tax on land and a poll tax having several rates based on wealth with an exemption for aristocracy 189 In Iraq which was conquered mainly by force Arabs controlled taxation through local administrators keeping the graded poll tax and likely increasing its rates to 1 2 and 4 dinars 189 The aristocracy exemption was assumed by the new Arab Muslim elite and shared by local aristocracy by means of conversion 189 190 The nature of Byzantine taxation remains partly unclear but it appears to have involved taxes computed in proportion to agricultural production or number of working inhabitants in population centers 189 In Syria and upper Mesopotamia which largely surrendered under treaties taxes were calculated in proportion to the number of inhabitants at a fixed rate generally 1 dinar per head 189 They were levied as collective tribute in population centers which preserved their autonomy and as a personal tax on large abandoned estates often paid by peasants in produce 189 In post conquest Egypt most communities were taxed using a system which combined a land tax with a poll tax of 2 dinars per head 189 Collection of both was delegated to the community on the condition that the burden be divided among its members in the most equitable manner 189 In most of Iran and Central Asia local rulers paid a fixed tribute and maintained their autonomy in tax collection using the Sasanian dual tax system in regions like Khorasan 189 Difficulties in tax collection soon appeared 189 Egyptian Copts who had been skilled in tax evasion since Roman times were able to avoid paying the taxes by entering monasteries which were initially exempt from taxation or simply by leaving the district where they were registered 189 This prompted imposition of taxes on monks and introduction of movement controls 189 In Iraq many peasants who had fallen behind with their tax payments converted to Islam and abandoned their land for Arab garrison cities in hope of escaping taxation 189 191 Faced with a decline in agriculture and a treasury shortfall the governor of Iraq al Hajjaj forced peasant converts to return to their lands and subjected them to the taxes again effectively forbidding peasants to convert to Islam 192 In Khorasan a similar phenomenon forced the native aristocracy to compensate for the shortfall in tax collection out of their own pockets and they responded by persecuting peasant converts and imposing heavier taxes on poor Muslims 192 The situation where conversion to Islam was penalized in an Islamic state could not last and the devout Umayyad caliph Umar II has been credited with changing the taxation system 192 Modern historians doubt this account although details of the transition to the system of taxation elaborated by Abbasid era jurists are still unclear 192 Umar II ordered governors to cease collection of taxes from Muslim converts 193 but his successors obstructed this policy Some governors sought to stem the tide of conversions by introducing additional requirements such as undergoing circumcision and the ability to recite passages from the Quran 191 According to Hoyland taxation related grievances of non Arab Muslims contributed to the opposition movements which resulted in the Abbasid revolution 194 In contrast Dennett states that it is incorrect to postulate an economic interpretation of the Abbasid revolution The notion of an Iranian population staggering under a burden of taxation and ready to revolt at the first opportunity as imagined by Gerlof van Vloten will not bear the light of careful investigation he continues 195 Under the new system that was eventually established kharaj came to be regarded as a tax levied on the land regardless of the taxpayer s religion 192 The poll tax was no longer levied on Muslims but treasury did not necessarily suffer and converts did not gain as a result since they had to pay zakat which was instituted as a compulsory tax on Muslims around 730 192 196 The terminology became specialized during the Abbasid era so that kharaj no longer meant anything more than land tax while the term jizya was restricted to the poll tax on dhimmis 192 India Edit Indian Emperor Aurangzeb who re introduced jizya In India Islamic rulers imposed jizya on non Muslims starting with the 11th century 197 The taxation practice included jizya and kharaj taxes These terms were sometimes used interchangeably to mean poll tax and collective tribute or just called kharaj o jizya 198 Jizya expanded with Delhi Sultanate Alauddin Khilji legalized the enslavement of the jizya and kharaj defaulters His officials seized and sold these slaves in growing Sultanate cities where there was a great demand of slave labour 199 The Muslim court historian Ziauddin Barani recorded that Qazi Mughisuddin of Bayanah advised Ala al Din that Islam requires imposition of jizya on Hindus to show contempt and to humiliate the Hindus and imposing jizya is a religious duty of the Sultan 200 During the early 14th century reign of Muhammad bin Tughlaq expensive invasions across India and his order to attack China by sending a portion of his army over the Himalayas emptied the precious metal in Sultanate s treasury 201 202 He ordered minting of coins from base metals with face value of precious metals This economic experiment failed because Hindus in his Sultanate minted counterfeit coins from base metal in their homes which they then used for paying jizya 201 203 In the late 14th century mentions the memoir of Tughlaq dynasty s Sultan Firoz Shah Tughlaq his predecessor taxed all Hindus but had exempted all Hindu Brahmins from jizya Firoz Shah extended it to also include the Brahmins at a reduced rate 204 205 He also announced that any Hindus who converted to Islam would become exempt from taxes and jizya as well as receive gifts from him 204 206 On those who chose to remain Hindus he raised jizya tax rate 204 In Kashmir Sikandar Butshikan levied jizya on those who objected to the abolition of hereditary varnas allegedly at the behest of his neo convert minister Suhabhatta 207 208 Ahmad Shah 1411 1442 a ruler of Gujarat introduced the Jizyah in 1414 and collected it with such strictness that many people converted to Islam to evade it 209 Jizya was later abolished by the third Mughal emperor Akbar in 1579 210 However in 1679 Aurangzeb chose to re impose jizya on non Muslim subjects in lieu of military service a move that was sharply critiqued by many Hindu rulers and Mughal court officials 211 210 212 213 The specific amount varied with the socioeconomic status of a subject and tax collection were often waived for regions hit by calamities also monks musta mins women children elders the handicapped the unemployed the ill and the insane were all perpetually exempted 214 212 215 The collectors were mandated to be Muslims 210 In some areas revolts led to its periodic suspension such as the 1704 AD suspension of jizya in Deccan region of India by Aurangzeb 216 Southern Italy Edit After the Norman conquest of Sicily taxes imposed on the Muslim minority were also called the jizya locally spelled gisia 217 This poll tax was a continuation of the jizya imposed on non Muslims in the Emirate of Sicily and Bari by Islamic rulers of the southern Italy before the Norman conquest 217 Ottoman Empire Edit See also Devshirme A jizya document from 17th century Ottoman Empire Jizya collected from Christian and Jewish communities was among the main sources of tax income of the Ottoman treasury 28 In some regions such as Lebanon and Egypt jizya was payable collectively by the Christian or the Jewish community and was referred to as maqtu in these cases the individual rate of jizya tax would vary as the community would pitch in for those who could not afford to pay 218 219 page needed The Ottoman state also collected Jizya from Muslim and non Muslim groups they registered as Gypsy Kipti such as Roma in Western Anatolia and Balkans and Abdals Doms and Loms in Kastamonu Cankiri Tosya Ankara Malatya Harput Antep and Aleppo no later than late 17th century Abdals and Tahtacis in Teke Antalya were affiliated with another fiscal category ifraz i zulkadriyye until 1858 when the Ottoman reformers incorporated the fixed tax of relevant groups into the Gypsy poll tax 220 Abolition Edit In Persia jizya was paid by the Zoroastrian minority until 1884 when it was removed by pressure on the Qajar government from the Persian Zoroastrian Amelioration Fund 221 The jizya was eliminated in Algeria and Tunisia in the 19th century but continued to be collected in Morocco until the first decade of the 20th century these three dates of abolition coincide with the French colonization of these countries 222 The Ottoman Empire abolished the jizya in 1856 It was replaced with a new tax which non Muslims paid in lieu of military service It was called baddal askari lit military substitution a tax exempting Jews and Christians from military service The Jews of Kurdistan according to the scholar Mordechai Zaken preferred to pay the baddal tax in order to redeem themselves from military service Only those incapable of paying the tax were drafted into the army Zaken says that paying the tax was possible to an extent also during the war and some Jews paid 50 gold liras every year during World War I According to Zaken in spite of the forceful conscription campaigns some of the Jews were able to buy their exemption from conscription duty Zaken states that the payment of the baddal askari during the war was a form of bribe that bought them at most a one year deferment 223 Recent times Edit The jizya is no longer imposed by Muslim states 33 169 Nevertheless there have been reports of non Muslims in areas controlled by the Pakistani Taliban and ISIS being forced to pay the jizya 32 36 In 2009 officials in the Peshawar region of Pakistan claimed that members of the Taliban forced the payment of jizya from Pakistan s minority Sikh community after occupying some of their homes and kidnapping a Sikh leader 224 In 2014 the Islamic State of Iraq and the Levant ISIL announced that it intended to extract jizya from Christians in the city of Raqqa Syria which it controlled In June the Institute for the Study of War reported that ISIL claims to have collected the fay i e jizya and kharaj 225 The late Islamic scholar Abul A la Maududi of Pakistan said that Jizya should be re imposed on non Muslims in a Muslim nation 79 Yusuf al Qaradawi of Egypt also held that position in the mid 1980s 226 however he later reconsidered his legal opinion on this point stating n owadays after military conscription has become compulsory for all citizens Muslims and non Muslims there is no longer room for any payment whether by name of jizya or any other 227 According to Khaled Abou El Fadl moderate Muslims generally reject the dhimma system which encompasses jizya as inappropriate for the age of nation states and democracies 34 Assessment and historical context EditSee also Taxation of the Jews in Europe Some authors have characterized the complex of land and poll taxes in the pre Abbasid era and implementation of the jizya poll tax in early modern South Asia as discriminatory and or oppressive 228 229 230 231 232 and the majority of Islamic scholars amongst whom are Al Nawawi and Ibn Qudamah have criticized humiliating aspects of its collection as contrary to Islamic principles 112 156 233 234 Discriminatory regulations were utilized by many pre modern polities 235 However W Cleveland and M Bunton assert that dhimma status represented an unusually tolerant attitude for the era and stood in marked contrast to the practices of the Byzantine Empire They add that the change from the Byzantine and Persian rule to Arab rule lowered taxes and allowed dhimmis to enjoy a measure of communal autonomy 236 According to Bernard Lewis available evidence suggests that the change from Byzantine to Arab rule was welcomed by many among the subject peoples who found the new yoke far lighter than the old both in taxation and in other matters 237 Ira Lapidus writes that the Arab Muslim conquests followed a general pattern of nomadic conquests of settled regions whereby conquering peoples became the new military elite and reached a compromise with the old elites by allowing them to retain local political religious and financial authority 238 Peasants workers and merchants paid taxes while members of the old and new elites collected them 238 Payment of various taxes the total of which for peasants often reached half of the value of their produce was not only an economic burden but also a mark of social inferiority 238 Norman Stillman writes that although the tax burden of the Jews under early Islamic rule was comparable to that under previous rulers Christians of the Byzantine Empire though not Christians of the Persian empire whose status was similar to that of the Jews and Zoroastrians of Iran shouldered a considerably heavier burden in the immediate aftermath of the Arab conquests 229 He writes that escape from oppressive taxation and social inferiority was a great inducement to conversion and flight from villages to Arab garrison towns and many converts to Islam were sorely disappointed when they discovered that they were not to be permitted to go from being tribute bearers to pension receivers by the ruling Arab military elite before their numbers forced an overhaul of the economic system in the 8th century 229 The influence of jizya on conversion has been a subject of scholarly debate 239 Julius Wellhausen held that the poll tax amounted to so little that exemption from it did not constitute sufficient economic motive for conversion 240 Similarly Thomas Arnold states that jizya was too moderate to constitute a burden seeing that it released them from the compulsory military service that was incumbent on their Muslim fellow subjects He further adds that converts escaping taxation would have to pay the legal alms zakat that is annually levied on most kinds of movable and immovable property 241 Other early 20th century scholars suggested that non Muslims converted to Islam en masse in order to escape the poll tax but this theory has been challenged by more recent research 239 Daniel Dennett has shown that other factors such as desire to retain social status had greater influence on this choice in the early Islamic period 239 According to Halil Inalcik the wish to avoid paying the jizya was an important incentive for conversion to Islam in the Balkans though Anton Minkov has argued that it was only one among several motivating factors 239 Mark R Cohen writes that despite the humiliating connotations and the financial burden the jizya paid by Jews under Islamic rule provided a surer guarantee of protection from non Jewish hostility than that possessed by Jews in the Latin West where Jews paid numerous and often unreasonably high and arbitrary taxes in return for official protection and where treatment of Jews was governed by charters which new rulers could alter at will upon accession or refuse to renew altogether 242 The Pact of Umar which stipulated that Muslims must do battle to guard the dhimmis and put no burden on them greater than they can bear was not always upheld but it remained a steadfast cornerstone of Islamic policy into early modern times 242 Yaser Ellethy states that the insignificant amount of the jizya as well as its progressive structure and exemptions leave no doubt that it was not imposed to persecute people or force them to convert 15 Niaz A Shah states that jizya is partly symbolic and partly commutation for military service As the amount is insignificant and exemptions are many the symbolic nature predominates 22 Muhammad Abdel Haleem states t he jizya is a very clear example of the acceptance of a multiplicity of cultures within the Islamic system which allowed people of different faiths to live according to their own faiths all contributing to the well being of the state Muslims through zakat and the ahl al dhimma through jizya 243 In 2016 Muslim scholars from more than 100 countries signed the Marrakesh Declaration a document that called for a new Islamic jurisprudence based on modern nation based notions of citizenship the opposite of what is written in the Qur an recognizing that the dhimmi system is obsolete in the modern era 83 See also EditDhimmi Kharaj Leibzoll Ottoman Millet system Rav akcesi Taxation of the Jews in Europe Tolerance tax Al KaffarahReferences EditNotes Edit In view of the general body of the Fuquha it is imposed upon the non Muslims as a badge of humiliation for their unbelief or by way of mercy for protection given to them by the Muslims 82 Citations Edit a b c d Abdel Haleem Muhammad 2010 Understanding the Qur an Themes and Style I B Tauris amp Co Ltd pp 70 79 ISBN 978 1845117894 a b Abou Al Fadl 2002 p 21 When the Qur an was revealed it was common inside and outside of Arabia to levy poll taxes against alien groups Building upon the historical practice classical Muslim jurists argued that the poll tax is money collected by the Islamic polity from non Muslims in return for the protection of the Muslim state If the Muslim state was incapable of extending such protection to non Muslims it was not supposed to levy a poll tax Jizyah The Oxford Dictionary of Islam 2010 Oxford University Press Quote Jizyah Compensation Poll tax levied on non Muslims such as Jews and Christians as a form of tribute and in exchange for an exemption from military service based on Quran 9 29 Sabet Amr 2006 The American Journal of Islamic Social Sciences 24 4 Oxford pp 99 100 a b Bowering Gerhard Crone Patricia Mirza Mahan et al eds 2013 The Princeton encyclopedia of Islamic political thought Princeton N J Princeton University Press p 283 ISBN 978 0691134840 Free adult males who were not afflicted by any physical or mental illness were required to pay the jizya Women children handicapped the mentally ill the elderly and slaves were exempt as were all travelers and foreigners who did not settle in Muslim lands As Islam spread previous structures of taxation were replaced by the Islamic system but Muslim leaders often adopted practices of the previous regimes in the application and collection of taxes Bravmann 2009 pp 199 201 204 5 207 12 Mohammad Gharipour 2014 Sacred Precincts The Religious Architecture of Non Muslim Communities Across the Islamic World BRILL p XV ISBN 978 9004280229 Sources indicate that the taxation system of early Islam was not necessarily an innovation of Muslims it appears that Umar adopted the same tax system as was common at the time of the conquest of that territory The land tax or kharaj was an adapted version of the tax system used in Sassanid Persia In Syria Umar followed the Byzantine system of collecting two taxes based on the account of lands and heads Shah 2008 p 20 Jizia was not a specific Islamic invention but was the norm of the time Several of the early caliphs made peace treaties with the Byzantine Empire some of which even required them to pay tribute Jizia to the Byzantines Streusand 1997 Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd p 59 ff There is evidence to show that the Arab conquerors left unchanged the fiscal system that they found prevailing in the lands they conquered from the Byzantines and that the explanation of jizyah as a capitation tax is an invention of later jurists ignorant of the true condition of affairs in the early days of Islam Caetani vol iv p 610 231 vol v p 449 H Lammens Ziad ibn Abihi Rivista degli Studi Orientali vol iv p 215 online a b c Anver M Emon 26 July 2012 Religious Pluralism and Islamic Law Dhimmis and Others in the Empire of Law Oxford University Press pp 99 109 ISBN 978 0199661633 a b c Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd pp 60 1 This tax was not imposed on the Christians as some would have us think as a penalty for their refusal to accept the Muslim faith but was paid by them in common with the other dhimmis or non Muslim subjects of the state whose religion precluded them from serving in the army in return for the protection secured for them by the arms of the Musalmans online Non Muslims Paying Jizyah In a State of Humiliation by Bassam Zawadi https www call to monotheism com non muslims paying jizyah in a state of humiliation a b c Esposito 1998 p 34 They replaced the conquered countries indigenous rulers and armies but preserved much of their government bureaucracy and culture For many in the conquered territories it was no more than an exchange of masters one that brought peace to peoples demoralized and disaffected by the casualties and heavy taxation that resulted from the years of Byzantine Persian warfare Local communities were free to continue to follow their own way of life in internal domestic affairs In many ways local populations found Muslim rule more flexible and tolerant than that of Byzantium and Persia Religious communities were free to practice their faith to worship and be governed by their religious leaders and laws in such areas as marriage divorce and inheritance In exchange they were required to pay tribute a poll tax jizya that entitled them to Muslim protection from outside aggression and exempted them from military service Thus they were called the protected ones dhimmi In effect this often meant lower taxes greater local autonomy rule by fellow Semites with closer linguistic and cultural ties than the hellenized Greco Roman elites of Byzantium and greater religious freedom for Jews and indigenous Christians a b c d e f M Zawati Hilmi 2002 Is Jihad a Just War War Peace and Human Rights Under Islamic and Public International Law Studies in religion amp society Edwin Mellen Press pp 63 4 ISBN 978 0773473041 a b c d Wael B Hallaq 2009 Shari a Theory Practice and Transformations Cambridge University Press pp 332 3 ISBN 978 0 521 86147 2 a b c d e f g Ellethy 2014 p 181 the insignificant amount of this yearly tax the fact that it was progressive that elders poor people handicapped women children monks and hermits were exempted leave no doubt about exploitation or persecution of those who did not accept Islam Comparing its amount to the obligatory zaka which an ex dhimmi should give to the Muslim state in case he converts to Islam dismisses the claim that its aim was forced conversions to Islam a b Alshech Eli 2003 Islamic Law Practice and Legal Doctrine Exempting the Poor from the Jizya under the Ayyubids 1171 1250 Islamic Law and Society 10 3 348 375 doi 10 1163 156851903770227584 jurists divided the dhimma community into two major groups The first group consists of all adult free sane males among the dhimma community while the second includes all other dhimmas i e women slaves minors and the insane Jurists generally agree that members of the second group are to be granted a blanket exemption from jizya payment a b Rispler Chaim Vardit 2007 Disability in Islamic law Dordrecht the Netherlands Springer p 44 ISBN 978 1402050527 The Hanbali position is that boys women the mentally insane the zamin and the blind are exempt from paying jizya This view is supposedly shared by the Hanafis Shafi is and Malikis Majid Khadduri War and Peace in the Law of Islam pp 192 3 a b Mapel D R and Nardin T eds 1999 International Society Diverse Ethical Perspectives p 231 Princeton University Press ISBN 9780691049724 Quote Jizya was levied upon dhimmis in compensation for their exemption from military service in the Muslim forces If dhimmis joined Muslims in their mutual defense against an outside aggressor the jizya was not levied a b ʿImara Muhammad 2003 al Islam wa l ʿaqalliyyat الاسلام والأقليات in Arabic Cairo Maktabat al Shuruk al Dawliyya p 15 Quote ولأن الجزية هي بدل جندية لا ت ؤخذ إلا من القادرين مالي ا الذين يستطيعون حمل السلاح وأداء ضريبة القتال دفاع ا عن الوطن وليست بدلا من الإيمان بالإسلام وإلا لفرضت على الرهبان و رجال الدين وبدليل أن الذين اختاروا أداء ضريبة الجندية في صفوف المسلمين ضد الفرس والروم وهم على دياناتهم غير الإسلامية فى الشام والعراق ومصر لم تفرض عليهم الجزية وإنما اقتسموا مع المسلمين الغنائم على قدم المساواة Translation And since the jizya is in exchange for military service it is taken only from those who are financially capable and those who are able to take arms and do military service in defense of a country and it isn t in exchange for not embracing Islam otherwise the jizya would have been taken from monks and the clergy and also since those who did volunteer to fight with the Muslims against the Persians and Byzantines and who professed a religion other than Islam in the Levant Iraq and Egypt were exempted from the jizya and shared equally the battle gains with the Muslims online a b c Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd pp 61 2 the jizyah was levied on the able bodied males in lieu of the military service they would have been called upon to perform had they been Musalmans and it is very noticeable that when any Christian people served in the Muslim army they were exempted from the payment of this tax Such was the case with the tribe of al Jurajima a Christian tribe in the neighborhood of Antioch who made peace with the Muslims promising to be their allies and fight on their side in battle on condition that they should not be called upon to pay jizyah and should receive their proper share of the booty online a b c Shah 2008 pp 19 20 Ghazi Kalin amp Kamali 2013 pp 240 1 a b c d Abdel Haleem 2012 pp 75 6 77 Morony Michael 2005 Iraq after the Muslim conquest NJ USA Gorgias Press pp 109 99 134 ISBN 978 1 59333 315 7 Levy Reuben 2002 The social structure of Islam London New York Routledge pp 310 1 ISBN 978 0 415 20910 6 There is little doubt that in origin kharaj and jizya were interchangeable terms In the Arabic papyri of the first century AH only jizya is mentioned with the general meaning of tribute while later the poll tax could be called kharaj ala ru us ahl al dhimma i e a tax on the heads of protected peoples The narrower meaning of the word is brought out by Abu Hanifa No individual can be liable at the same time to the zakat and to kharaj emphasis added Satish Chandra 1969 Jizyah and the State in India during the 17th Century Journal of the Economic and Social History of the Orient Vol 12 No 3 pp 322 40 quote Although kharaj and jizyah were sometimes treated as synonyms a number of fourteenth century theological tracts treat them as separate a b Peri Oded 1990 The Muslim waqf and the collection of jizya in late eighteenth century Jerusalem In Gilbar Gad ed Ottoman Palestine 1800 1914 Studies in economic and social history Leiden E J Brill p 287 ISBN 978 90 04 07785 0 the jizya was one of the main sources of revenue accruing to the Ottoman state treasury as a whole Abu Khalil Shawkiy 2006 al Islam fi Qafaṣ al ʾIttiham الإسلام في قفص الإتهام in Arabic Dar al Fikr p 149 ISBN 978 1575470047 Quote و يعين مقدار الجزية إعتبارا لحالتهم الإقتصادية فيؤخد من الموسرين أكثر و من الوسط أقل منه و من الفقراء شيء قليل جدا و على الدين لا معاش لهم أو هم عالة على غيرهم يعفون من أداء الجزية Translation The amount of jizya is determined in consideration of their economic status so that more is taken from the prosperous less from the middle class and a very small amount from the poor fuqaraʾ Those who do not have any means of livelihood or depend on support of others are exempted from paying the jizya online a b Ghazi Kalin amp Kamali 2013 pp 82 3 a b Abu Zahra Muhammad Zahrat al Tafasir زهرة التفاسير in Arabic Cairo Dar al Fikr al ʿArabi pp 3277 8 Quote و ما يعطيه الذمي من المال يسمى جزية و لأنها جزاء لأن يدفع الإسلام عنهم و يكفيهم مئونة القتال و لأنها جزاء لما ينفق على فقراء أهل الذمة كما كان يفعل الإمام عمر و الإسلام قام بحق التساوي بين جميع من يكونون في طاعته فإن الجزية التي تكون على الذمي تقابل ما يكون على المسلم من تكليفات مالية فعليه زكاة المال و عليه صدقات و نذور و عليه كفارات و غير ذلك و لو أحصى كل ما يؤخد من المسلم لتبين أنه لا يقل عما يؤخد من جزية إن لم يزد و إن الدولة كما ذكرنا تنفق على فقراء أهل الذمة و لقد روى أن عمر رضي الله تعالى عنه وجد شيخا يهوديا يتكفف فسأله من أنت يا شيخ قال رجل من أهل الذمة فقال له ما أنصفناك أكلنا شبيبتك و ضيعناك في شيخوختك و أجرى عليه رزقا مستمرا من بيت المال و قال لخادمه ابحت عن هذا و ضربائه و أ ج ر عليهم رزقا من بيت المال Translation And the money that the dhimmi gives is called jizya and it is so named because it is in return for the protection that they are guaranteed by the Islamic community and instead of rendering military service and since it is also in return for what is spent on the poor amongst the dhimmi community ahl al dhimma as ʾImam ʿUmar used to do and Islam gave the right of equality between all of those who are under its rule indeed the jizya that is demanded from the dhimmi corresponds to the financial obligations that are compulsory on the Muslim so he is obliged to purify his wealth through zakat and he is required to pay sadaqat and nudhur and he is duty bound to give kaffarat as well as other things And if all that is taken from the Muslim was calculated it would become clear that it isn t less than what is taken by way of jizya if it isn t more And as we have mentioned earlier the state spends on the poor amongst the dhimmi community and it is narrated that ʿUmar May God Almighty be pleased with him found an elderly Jew begging so he asked him Who are you old man shaykh He said I am a man from the dhimma community So ʿUmar said to him We have not done justice to you in taking from you when you were young and forsaking you in your old age so ʿUmar gave him a regular pension from the public treasury Bayt al Mal and he then said to his servant Search for him and those like him and give them out from the public treasury a b c Long Matthew 2012 Jizya The Princeton Encyclopedia of Islamic Political Thought Princeton University Press pp 283 4 ISBN 978 0691134840 a b Werner Ende Udo Steinbach 2010 Islam in the World Today Cornell University Press p 738 ISBN 978 0801445712 a b Abou El Fadl Khaled 2007 The Great Theft Wrestling Islam from the Extremists HarperOne p 214 ISBN 978 0061189036 Coming home to Orakzai ABDUL SAMI PARACHA Dawn com JAN 05 2010 In December 2008 Tehrik e Taliban Pakistan enforced a strict version of Islamic law in divergence of enviously guarded distinctive tribal culture in Orakzai Agency Less than a month a later a decree for jizya was imposed and had to be paid by all minorities if they want protection against local criminal gangs or that they had to convert to Islam a b Aryn Baker Feb 28 2014 Al Qaeda Rebels in Syria Tell Christians to Pay Up or Die Time In a statement posted to Jihadi websites and signed by Abu Bakr al Baghdadi the self designated emir of the future Islamic caliphate of Raqqa as well as the founder of the Islamic State of Iraq and Syria ISIS rebel brigade Christians are urged to pay a tax in order to continue living under ISIS s protection a b c d e Lambton 2013 pp 204 205 a b c d Shah 2008 p 19 Yusuf Ali 1991 Reprint Notes 1281 and 1282 to verse 9 29 p 507 al ʾIsfahani al Raghib Ṣafwan ʿAdnan Dawudi ed Mufradat ʾal Faẓ al Qurʾan مفردات ألفاظ القرآن in Arabic Damascus Dar al Qalam p 195 4th edition Quote والجزية ما يؤخ ذ من أهل الذم ة وتسميتها بذلك للاجتزاء بها عن حقن دمهم Translation A tax that is levied on Dhimmis and it is so named because it is in return for the protection they are guaranteed online al ʾIsfahani al Raghib 2009 Ṣafwan ʿAdnan Dawudi ed Mufradat ʾal Faẓ al Qurʾan مفردات ألفاظ القرآن in Arabic Damascus Dar al Qalam p 195 4th edition online a b Abdel Haleem 2012 pp 75 6 Ramadan al Buti Muhammad Saʿid 2005 Al Jihad fi l Islam الجهاد في الإسلام in Arabic Damascus Dar al Fikr pp 135 136 Quote فقد صح أن نصارى تغلب تضايقوا من كلمة الجزية و الجزاء و عرضوا على أمير المؤمنين عمر بن الخطاب أن تؤخد منهم الجزية بإسم الصدقة و إن إقتضى ذلك مضاعفة القدر عليهم و قالوا له خد منا ما شئت و لا تسمها جزاء فشاور عمر الصحابة في ذلك فأشار عليه علي رضي الله عنه أن يقبلها منهم مضاعفة بإسم الصدقة رواه الطبري في تاريخه Translation It is true that the Christians of Taghlab didn t feel at ease with the words Jizya and Compensation and they proposed to the leader of the believers ʿUmar ibn al Khaṭṭab that jizya be taken from them in the name of charity even if that meant that they would have to pay twice as much and they said to him Take from us whatever you want but don t call it a compensation So ʿUmar consulted the companions on this matter and ʿAli May God be pleased with him advised him to accept it from them with a double amount by the name of charity This was related by al Ṭabari in his history online Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd pp 49 50 They were called upon to pay the jizyah or tax imposed on the non Muslim subjects but they felt it to be humiliating to their pride to pay a tax that was levied in return for protection of life and property and petitioned the caliph to be allowed to make the same kind of contribution as the Muslims did So in lieu of the jizyah they paid a double Sadaqah or alms which was a poor tax levied on the fields and cattle etc of the Muslims online Ramadan al Buti Muhammad Saʿid 2005 Al Jihad fi l Islam الجهاد في الإسلام in Arabic Damascus Dar al Fikr p 136 Quote إستدلالا بهذا ذهب جمهور الفقهاء من الشافعية والحنفية والحنابلة إلى أنه يجوز أن تؤخد الجزية من أهل الذمة باسم الزكاة مضاعفة أي فليس ثمة ما يلزم بتسمية المال الذي يؤخد منهم جزية ومن القواعد الفقهية المعروفة إن العبرة بالمقاصد والمعاني لا بالألفاظ والمباني ولعلك تسأل فهل يجب إذا تحول إسم هذا المال من الجزية إلى الصداقة أو الزكاة أن يضاعف المبلغ عن القدر المطلوب زكاة والجواب أن هذا من أحكام الإمامة فالأمر في تحويل الاسم وفي تحديد المبلغ منوط بما يراه إمام المسلمين في كل عصر Translation Based on this event the majority of jurists from Shafiʿis Ḥanafis and Ḥanbalis state that it is lawful to take the jizya from ahl al dhimmah by name of double zakat Meaning it isn t necessary to call the tax that is taken from them by jizya and among the known legal maxim is that consideration is granted to objectives and meanings and not to terms and specific wordings And you may ask Is it necessary when the name of this tax is transformed from jizya to zakat or ṣadaqah that the requested amount be doubled The answer is that this falls under the laws of the ruler ʾaḥkam al ʾimamah so the command to change the name and to define the respective amount is exclusive to what the ruler sees most fit according to each time online Edward William Lane An Arabic English Lexicon Book 1 p 422 Citing al Nihaya fi Gharib al Hadith by Majd al Din ibn Athir d 1210 and others a b Muhibbu Din M A 2000 04 01 Ahl Al Kitab and Religious Minorities in the Islamic State Historical Context and Contemporary Challenges Journal of Muslim Minority Affairs 20 1 119 doi 10 1080 13602000050008933 ISSN 1360 2004 S2CID 143224068 Morony Michael 2005 Iraq after the Muslim conquest NJ USA Gorgias Press p 110 ISBN 978 1 59333 315 7 Jane Dammen McAuliffe 2011 Encyclopedia of the Qur an Brill Academic Vol 4 pp 152 153 Vol 5 pp 192 3 ISBN 978 9 00412 35 64 Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd p 59 jizyah a word which originally denoted tribute of any kind paid by the non Muslim subjects of the Arab empire but came later on to be used for the capitation tax as the fiscal system of the new rulers became fixed online Tritton 2008 pp 197 198 Tritton 2008 p 223 A Ben Shemesh 1967 Taxation in Islam Vol 1 Netherlands Brill Academic p 6 Davutoglu Ahmet 1993 Alternative paradigms the impact of Islamic and Western Weltanschauungs on political theory Lanham MD University Press of America p 160 ISBN 978 0819190475 Abou El Fadl Khaled 2007 The Great Theft Wrestling Islam from the Extremists HarperOne p 204 ISBN 978 0061189036 According to the dhimma status system non Muslims must pay a poll tax in return for Muslim protection and the privilege of living in Muslim territory Per this system non Muslims are exempt from military service but they are excluded from occupying high positions that involve dealing with high state interests like being the president or prime minister of the country In Islamic history non Muslims did occupy high positions especially in matters that related to fiscal policies or tax collection A C Brown Jonathan 2011 Muhammad A Very Short Introduction Oxford Oxford University Press p 48 ISBN 9780199559282 Ramadan al Buti Muhammad Saʿid 2005 Al Jihad fi l Islam الجهاد في الإسلام in Arabic Damascus Dar al Fikr p 134 Quote كلمة الجزية تطلق على المال الذي يؤخد من الكتابي فيجزئ عن ضرورة تحمل مسؤلية رعايته وحمايته وإعتباره عضوا في المجتمع الإسلامي بحيث ينال سائر الحقوق التي يقتضيها مبدأ التكافل الإجتماعي Translation The word jizya is defined as the monetary amount that is taken from the People of the Book and it is taken in exchange of guaranteeing their protection and safety and considering them to be part of the Islamic society such that they receive all the rights that are required by the principle of social insurance online Sabiq al Sayyid Fiqh al Sunnah فقه السنة in Arabic Vol 3 Cairo al Fatḥ lil ʾIʿlam al ʿArabi p 49 Quote حكمة مشروعيتها وقد فرض الإسلام الجزية على الذميين في مقابل فرض الزكاة على المسلمين حتى يتساوى الفريقان لأن المسلمين والذميين يستظلون براية واحدة ويتمتعون بجميع الحقوق وينتفعون بمرافق الدولة بنسبة واحدة نظير قيامهم بالدفاع عن الذميين وحمايتهم في البلاد الإسلامية التي يقيمون فيها Translation Its justification And Islam obligated jizya on dhimmis in parallel with the obligation of zakat on Muslims so that the two groups be equal since Muslims and dhimmis are under the shade of the same banner and they enjoy all of the same rights and they benefit from the state facilities in an equal proportion also in exchange for defending the dhimmis and guaranteeing their safety in the Muslim country they live in online Riḍa Rashid Majallat al Manar مجلة المنار in Arabic Vol 12 Cairo p 433 n 6 Quote جرى الصحابة في فتوحاتهم على جعل الجزية التي يفرضونها على أهل الذمة جزاء على حمايتهم والدفاع عنهم وعدم تكليفهم منع أنفسهم وبلادهم أي حمايتها والدفاع عنها ولذلك كانو يفرضونها على من هم أهل للدفاع دون غيرهم كالشيوخ والنساء فكان ذلك منهم تفسيرا وبيانا لمراد الكتاب العزيز منها وكأن العثمانيين سموها لأجل ذلك بدل عسكرية Translation The Companions were in their openings futuḥat making the jizya that they put on the ahl al dhimmah in exchange for their protection and safety and for not making them having to defend themselves and their country by themselves and that s why they were taking it from those who can participate in military service other than those who can t such as the old and women and so this was from them an explanation and illustration of the intended meaning behind this word in the Noble Book And the Ottomans were calling it for that reason Tax in exchange for not participating in military service online Ḥassan Ḥassan ʾIbrahim Ḥassan ʿAli ʾIbrahim 1999 al Nuẓum al ʾIslamiyyah النظم الإسلامية in Arabic Cairo al Nahḍah al Miṣriyyah p 230 Quote نظير قيامهم بالدفاع عن الذميين وحمايتهم في الاقاليم الإسلامية التي يقيمون فيها Translation In exchange for Muslims defending dhimmis and protecting them in the Muslim lands where they live online al Qaraḍawi Yusuf 2009 Fiqh al Jihad Dirasah Muqaranah li Aḥkamih wa Falsafatih fi Ḍawʾ al Qurʾan wa al Sunnah فقه الجهاد دراسة مقارنة لأحكامه وفلسفته في ضوء القرآن والسنة in Arabic Vol 2 Cairo Maktabat Wahbah p 850 ISBN 978 977 225 246 6 3rd Ed Quote إن الجزية كما بينا بدل عن الحماية العسكرية التي تقوم بها الدولة الإسلامية لأهل ذمتها في المرتبة الأولى فإذا لم تستطع الدولة أن تقوم بهذه الحماية لم يعود لها حق في أخد هذه الجزية أو هذه الضريبة Translation The jizya is as we ve shown in its primary sense in exchange for the military protection that the Muslim country guarantees to the ahl al dhimmah That s why if this country was incapable of extending such protection to non Muslims it will have no right in taking this jizya or this tax online a b c d Kalin 2013 pp 240 1 Nuʻmani Shibli 2004 Umar Makers of Islamic Civilization London I B Tauris p 101 ISBN 9781850436706 Riḍa Rashid Majallat al Manar مجلة المنار in Arabic Vol 12 Cairo p 433 n 6 Quote جرى الصحابة في فتوحاتهم على جعل الجزية التي يفرضونها على أهل الذمة جزاء على حمايتهم والدفاع عنهم وعدم تكليفهم منع أنفسهم وبلادهم أي حمايتها والدفاع عنها ولذلك كانو يفرضونها على من هم أهل للدفاع دون غيرهم كالشيوخ والنساء فكان ذلك منهم تفسيرا وبيانا لمراد الكتاب العزيز منها وكأن العثمانيين سموها لأجل ذلك بدل عسكرية Translation The Companions were in their openings futuḥat making the jizya that they put on the ahl al dhimmah in exchange for their protection and safety and for not making them having to defend themselves and their country by themselves and that s why they were taking it from those who can participate in military service other than those who can t such as the old and women and so this was from them an explanation and illustration of the intended meaning behind this word in the Noble Book And the Ottomans were calling it for that reason Tax in exchange for not participating in military service online al Zuḥayli Wahbah 1998 ʾAthar al ḥarb fi l fiqh al Islami dirasah muqarinah آثار الحرب في الفقه الإسلامي دراسة مقارنة in Arabic Damascus Dar al Fikr pp 691 692 ISBN 978 1 57547 453 3 Quote وتؤخد الجزية نظير حمايتهم والمحافظة عليهم وبدل عدم قيامهم بواجب الدفاع الوطني عن كيان الدولة وحماية المواطنين Translation The jizya is taken in exchange for guaranteeing their protection and safety and in exchange for not participating in military service in defence of the nation and in protecting its citizens online Salim al ʿAwa Moḥammed 2006 Fi al Niẓam al Siyasa lil dawlah al ʾIslamiyyah في النظام السياسي للدولة الإسلامية in Arabic Cairo Dar al Shuruq p 247 Quote وأصح أقوال الفقهاء في تعليلها أنها بدل عن إشترك غير المسلمين في الدفاع عن دار الإسلام لذلك أسقطها الصحابة والتابعون عاما قبل منهم الإشتراك في الدفاع عنها Translation And the most correct sayings of the jurists in its jizya justification is that it is in exchange for non Muslims defending the nation and that s why the Companions and Successors exempted those who joined them in its defense Durant Will The Story of Civilization The Age of Faith Vol 4 p 218 This tax fell only upon non Moslems capable of military service it was not levied upon monks women adolescents slaves the old crippled blind or very poor In return the dhimmis were excused or excluded from military service were exempted from the two and a half per cent tax for community charity and received the protection of the government Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd pp 61 Again in the treaty made by Khalid with some towns in the neighborhood of Hirah he writes If we protect you then jizyah is due to us but if we do not then it is not due online a b Shah Nasim Hasan 1988 The concept of Al Dhimmah and the rights and duties of Dhimmis in an Islamic state Journal of Muslim Minority Affairs 9 2 220 doi 10 1080 02666958808716075 ISSN 0266 6952 Zaydan ʿAbd al Karim 1982 ʾAḥkam al Dhimmiyin wa l mustaʾminin fi dar al Islam أحكام الذميين والمستأمنين في دار الإسلام in Arabic Damascus Dar al Quds Muʾassassat al Risalah p 154 Quote جاء في صلح خالد بن الوليد في منطقة الحيرة ما يأتي فإن منعناكم فلنا الجزية و إلا فلا Translation It was stated in the peace treaty made by Khalid b al Walid in the neighborhood of al Ḥirah what follows If we protect you then jizya is due to us but if we do not then it is not due online Nuʿmani Shibli Entry Author Rashid Riḍa ed Majallat al Manar مجلة المنار Al Manar in Arabic Vol 1 Cairo p 873 n 45 Quote هذا كتاب من خالد بن الوليد ما منعناكم أي حميناكم فلنا الجزية وإلا فلا كتب سنة اثنتي عشرة في صفر Translation This is a treaty made by Khalid b al Walid If we protect you then jizya is due to us but if we do not then it is not due This was written in the year twelve in Safar online al Qaraḍawi Yusuf 1992 Ghayr al Muslimin fi al Mujtamaʿ al ʾIslami غير المسلمين في المجتمع الاسلامي in Arabic Cairo Maktabat Wahbah p 62 ISBN 978 977 7236 55 3 3rd Ed Quote سج ل خالد في المعاهدة التي أبرمها مع بعض أهالي المدن المجاورة للحيرة قوله فإن منعناكم فلا الجزية وإلا فلا Translation Khalid wrote in the treaty that he concluded with some towns in the neighborhood of al Ḥirah that If we protect you then jizya is due to us but if we do not then it is not due online Shaltut 2013 pp 428 9 a b c Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd pp 60 1 The Emperor Heraclius had raised an enormous army with which to drive back the invading forces of the Muslims who had in consequence to concentrate all their energies on the impending encounter The Arab general Abu ʻUbaydah accordingly wrote to the governors of the conquered cities of Syria ordering them to pay back all the jizyah that had been collected from the cities and wrote to the people saying We give you back the money that we took from you as we have received news that a strong force is advancing against us The agreement between us was that we should protect you and as this is not now in our power we return you all that we took But if we are victorious we shall consider ourselves bound to you by the old terms of our agreement In accordance with this order enormous sums were paid back out of the state treasury and the Christians called down blessings on the heads of the Muslims saying May God give you rule over us again and make you victorious over the Romans had it been they they would not have given us back anything but would have taken all that remained with us online a b al Zuḥayli Wahbah 1998 ʾAthar al ḥarb fi l fiqh al Islami dirasah muqarinah آثار الحرب في الفقه الإسلامي دراسة مقارنة in Arabic Damascus Dar al Fikr pp 692 693 ISBN 978 1 57547 453 3 Quote أبي عبيدة بن الجراح حينما حشد الروم جموعهم على حدود البلاد الإسلامية الشمالية فكتب أبو عبيدة إلى كل وال ممن خلفه في المدن التي صلاح أهلها يأمرهم أن يردوا عليهم ما جبي منهم من الجزية والخراج وكتب إليهم أن يقول لهم إنما رددنا عليكم أموالكم لأنه قد بلغنا ما جمع لنا من الجموع وانكم إشترطم عليها أن نمنعكم وإنا لا نقدر على ذلك وقد رددنا عليكم ما أخدنا منكم ونحن لكم على الشرط وما كتبنا بيننا وبينكم إن نصرنا الله عليهم فلما قالو ذلك لهم وردوا عليهم الأموال التي جبوها منهم قالو ردكم الله علينا ونصركم عليهم أي على الروم فلو كانو هم لم يردوا علينا شيئا وأخذوا كل شيء بقي لنا حتى لا يدعو لنا شيئا Translation Abu ʿUbaydah b al Jaraḥ when he was informed that the Romans were readying for battle against him in the boundaries of the Islamic State in the north Abu ʿUbaydah then wrote to the governors of the cities with whom pacts had been concluded that they must return the sums collected from jizya and kharaj and say to their subjects We return to you your money because we have been informed that troops are being raised against us In our agreement you stipulated that we protect you but we are unable to do so Therefore we now return to you what we have taken from you and we will abide by the stipulation and what has been written down if God grants us victory over them And when they stated that to them and they returned the sums that they took from them they the Christians said May God give you rule over us again and make you victorious over the Romans had it been they they would not have given us back anything but would have taken all that remained with us online Zaydan ʿAbd al Karim 1982 ʾAḥkam al Dhimmiyin wa l mustaʾminin fi dar al Islam أحكام الذميين والمستأمنين في دار الإسلام in Arabic Damascus Dar al Quds Muʾassassat al Risalah p 155 Quote ان أبا عبيدة بن الجراح عندما اعلمه نوابه على مدن الشام بتجمع الروم كتب اليهم أن ردوا الجزية على من اخذتموها منه وأمرهم أن يقول لهم انما رددنا عليكم أموالكم لانه قد بلغنا ما جمع لنا من الجموع وانكم اشترطم علينا أن نمنعكم وانا لا نقدر على ذلك وقد رددنا عليكم ما أخذنا منكم ونحن لكم على الشروط وما كتبنا بيننا وبينكم إن نصرنا الله عليهم Translation Abu ʿUbaydah b al Jaraḥ when he was informed by his governors that the Romans were readying for battle against him he then wrote to them that they must return the jizya that they took from them And he ordered them to say to their subjects We return to you your money because we have been informed that troops are being raised against us In our agreement you stipulated that we protect you but we are unable to do so Therefore we now return to you what we have taken from you and we will abide by the stipulation and what has been written down if God grants us victory over them online al Zuḥayli Wahbah 1998 ʾAthar al ḥarb fi l fiqh al Islami dirasah muqarinah آثار الحرب في الفقه الإسلامي دراسة مقارنة in Arabic Damascus Dar al Fikr p 693 ISBN 978 1 57547 453 3 Quote ولهذا نظير في الحروب الصليبية فقد رد صلاح الدين الأيوبي الجزية إلى نصارى الشام حين إضطر إلى الإنسحاب منها Translation And this historical precedents for the jizya being returned when the state couldn t protect ahl al dhimma has an equivalent during the times of the Crusades as such Ṣalaḥ ad Din al Ayyubi returned the jizya to the Christians of Syria when he was compelled to retract from it online al Qaraḍawi Yusuf 1992 Ghayr al Muslimin fi al Mujtamaʿ al ʾIslami غير المسلمين في المجتمع الاسلامي in Arabic Cairo Maktabat Wahbah p 63 ISBN 978 977 7236 55 3 3rd Ed Quote ومن الواضح أن أي جماعة مسيحية كانت تعفى من أداء هذه الضريبة إذا ما دخلت في خدمة الجيش الإسلامي وكانت الحال على هذا النحو مع قبيلة الجراجمة وهي مسيحية كانت تقيم بجوار أنطاكية سالمت المسلمين وتعهدت أن تكون عونا لهم وأن تقاتل معهم في مغازيهم على شريطة ألا تؤخد بالجزية وأن تعطى نصيبها من الغنائم Translation It is very clear that any Christian group who joined the service of the Muslim army was exempted from this tax just as is the case with the tribe of al Jurajima a Christian tribe near Antioch who made peace with the Muslims promising to be their allies and fight on their side in battle on condition that they should be exempted from the payment of the jizya and should receive their proper share of the booty online Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd pp 62 3 On the other hand when the Egyptian peasants although Muslim in faith were made exempt from military service a tax was imposed upon them as on the Christians in lieu thereof online a b Shah Nasim Hasan 1988 The concept of Al Dhimmah and the rights and duties of Dhimmis in an Islamic state Journal of Muslim Minority Affairs 9 2 221 doi 10 1080 02666958808716075 ISSN 0266 6952 al Zuḥayli Wahbah 1998 ʾAthar al ḥarb fi l fiqh al Islami dirasah muqarinah آثار الحرب في الفقه الإسلامي دراسة مقارنة in Arabic Damascus Dar al Fikr p 692 ISBN 978 1 57547 453 3 Quote قال الخطيب الشربيني الشافعي ولا يجب الجهاد على الكافر ولو ذميا لأنه يبذل الجزية لنذب عنه لا ليذب عنا Translation The Shafi i scholar al Khaṭib ash Shirbiniy stated Military service is not obligatory for non Muslims especially for a dhimmi since he gives the jizya so that we protect and defend him and not so that he defends us online Al Awa Mohammad Salim 2005 07 13 Nidham ʾAhl al Dhimma Ruʾyah Islamiyah Muʿassira نظام أهل الذمة رؤية إسلامية معاصرة in Arabic Archived from the original on 2009 06 04 Retrieved 2019 10 13 الجزية بدل عن الجهاد و لقد أسقطها الصحابة و التابعون عمن قبل من غير أهل الإسلام مشاركة المسلمين في الدفاع عن الوطن كما يقرر الإمام إبن حجر في شرحه للبخاري فتح الباري ج٦ ص٣٨ و ينسب ذلك و هو صحيح صائب إلى جمهور الفقهاء Translation Jizya is in exchange for military service and the companions and successors exempted it from non Muslims who joined Muslims in defending the nation just as the Imam Ibn Hajar pointed in his commentary on al Bukhari Fath al Bari and he relates that opinion and indeed this is correct to the majority of jurists Mun im Sirry 2014 Scriptural Polemics The Qur an and Other Religions p 178 Oxford University Press ISBN 978 0199359363 Shaltut 2013 pp 14 5 a b Vincent J Cornell 2009 Jizyah In John L Esposito ed The Oxford Encyclopedia of the Islamic World Oxford Oxford University Press ISBN 9780195305135 a b John Esposito and Emad El Din Shahin 2013 The Oxford handbook of Islam and politics Oxford UK Oxford University Press pp 149 50 ISBN 978 0 19 539589 1 One of Mawdudi s most significant legacies was the reintroduction into the modern world and into modern language of an idealized vision of the Islamic community Non Muslims in the Muslim state would be categorized in classical terms as dhimmis a protected class would be restricted from holding high political office would have to pay the jizyah poll tax Jane Dammen McAuliffe Fakhr al Din al Razi on Ayat al Jizya and Ayat al Sayf in Conversion and Continuity Indigenous Christian Communities in Islamic Lands Eight to Eighteenth Centuries eds Michael Gervers and Ramzi Jibran Bikhazi Toronto Pontifical Institute of Mediaeval Studies 1990 pp 103 19 a b c Hoyland In God s Path 2015 p 199 a b Ahmed 1975 a b c Afsaruddin Asma jizyah Islamic tax Britannica Retrieved 10 November 2021 The rate of taxation and methods of collection varied greatly from province to province and were influenced by local pre Islamic customs Nasr Seyyed Hossein Dagli Caner K Dakake Maria Massi Lumbard Joseph E B Rustom Mohammed 2015 The Study Quran A New Translation and Commentary HarperCollins See alternative translation via Abdel Haleem 2012 p 83 Fight those who believe not in Allah nor the Last Day nor hold that forbidden which hath been forbidden by Allah and His Messenger nor acknowledge the religion of Truth even if they are of the People of the Book until they pay the Jizya with willing submission and feel themselves subdued Ramadan al Buti Muhammad Saʿid 2005 Al Jihad fi l Islam الجهاد في الإسلام in Arabic Damascus Dar al Fikr pp 101 102 Quote الآية أمرت بالقتال لا بالقتل وقد علمت الفرق الكبير بين الكلمتين فأنت تقول قتلت فلانا إن بدأته بالقتل وتقول قاتلته إذا قاومت سعيه إلى قتلك بقتل مثله أو سابقته إلى ذلك كي لا ينال منك غرة Translation The verse commands qital قتال and not qatl قتل and it is known that there is a big distinction between these two words For you say qataltu قتلت so and so if you initiated the fighting while you say qataltu قاتلت him if you resisted his effort to fight you by a reciprocal fight or if you forestalled him in that so that he would not get at you unawares online a b c d e f g h i Abdel Haleem 2012 pp 72 4 Ahmad b Muṣṭafa Al Maraghi Tafsir Al Maraghi تفسير المراغي in Arabic Vol 10 p 95 Quote أي قاتلوا من ذكروا حين وجود ما يقتضى القتال كالاعتداء عليكم أو على بلادكم أو اضطهادكم وفتنتكم عن دينكم أو تهديد منكم وسلامتكم كما فعل بكم الروم وكان ذلك سببا لغزوة تبوك Translation That is fight those mentioned when the conditions which necessitate fighting are present namely aggression against you or your country oppression and persecution against you on account of your faith or threatening your safety and security as was committed against you by the Byzantines which was what led to Tabuk Al Bayḍawi Tafsir 2 vols Beirut Dar al Kutub al ʿIlmiyya 1988 vol 1 p 401 Dawood 1990 p 136 sfn error no target CITEREFDawood1990 help Jones 2007 sfn error no target CITEREFJones2007 help Nasr et al 2015 sfn error no target CITEREFNasr et al2015 help Arberry 1955 sfn error no target CITEREFArberry1955 help Pickthall 1930 sfn error no target CITEREFPickthall1930 help Yusuf Ali 1938 sfn error no target CITEREFYusuf Ali1938 help Shakir 2000 sfn error no target CITEREFShakir2000 help Muhammad Sarwar 1982 sfn error no target CITEREFMuhammad Sarwar1982 help Fayruzabadi al Qamus al muḥiṭ reprint 4 vols Beirut Dar al Jil 1952 vol 4 p 227 Al Muʿjam al wasiṭ Cairo Majmaʿ al Lugha al ʿArabiyya 1972 al Razi al Tafsir al kabir vol 8 p 29 Seyyed Hossein Nasr 2015 The Study Quran A New Translation and Commentary ISBN 0061125865 Quote Here with a willing hand renders ʿan yad lit from for at hand which some interpret to mean that they should pay directly without intermediary and without delay R Others say that it refers to its reception by Muslims and means generously as in with an open hand since the taking of the jizyah is a form of munificence that averted a state of conflict Q R Z M J Kister An yadin Qur an IX 29 An Attempt at Interpretation Arabica 11 1964 272 278 Cohen 2008 p 56 Ahmed 1975 p 293 Sahih al Bukhari 2076 Sales and Trade Sunnah com Sayings and Teachings of Prophet Muhammad صلى الله عليه و سلم sunnah com Al Shafi i Kitabul Umm 4 219 Quote و س م ع ت ع د د ا م ن أ ه ل ال ع ل م ي ق ول ون الص غ ار أ ن ي ج ر ي ع ل ي ه م ح ك م ال إ س ل ام Translation And I heard a number of the people of knowledge state that al sighar means that Islamic rulings are enforced on them al Zuḥayli Wahbah 1998 ʾAthar al ḥarb fi l fiqh al Islami dirasah muqarinah آثار الحرب في الفقه الإسلامي دراسة مقارنة in Arabic Damascus Dar al Fikr p 705 ISBN 978 1 57547 453 3 Quote لا أن يضربوا و لا يؤذوا قال الشافعي و الصغار أن يجري عليهم الحكم Translation al Shafi i said And aṣ Ṣaghar means that rulings are enforced on them it does not mean that they should be beaten or be harmed online al Qaraḍawi Yusuf 2009 Fiqh al Jihad Dirasah Muqaranah li Aḥkamih wa Falsafatih fi Ḍawʾ al Qurʾan wa al Sunnah فقه الجهاد دراسة مقارنة لأحكامه وفلسفته في ضوء القرآن والسنة in Arabic Vol 2 3 ed Cairo Maktabat Wahbah p 831 ISBN 978 977 225 246 6 Quote وليس معنى و ه م ص اغ ر ون إذلالهم وإشعارهم بالهوان كما قد يفهم بعضهم بل ما فس ر به الإمام الشافعي الص غار بإجراء حكم الإسلام عليهم ونقل ذلك عن العلماء فقد قال سمعت رجالا من أهل العلم يقولون الص غار أن يجري عليهم حكم الإسلام Translation And it is not the case that the meaning of while they are ṣaghirun is to humiliate them and making them feel shame like some may misunderstand but the meaning is as Imam Shafiʿi explained that aṣ Ṣaghar means that Islamic rulings are enforced on them and he narrated this from the scholars so he stated I heard a number of the people of knowledge state aṣ Ṣaghar means that Islamic rulings are enforced on them online Cahen p 561 A certain number of rules formulated during the Abbasid period appear to be generally valid from that time onwards Jizya is only levied on those who are male adult free capable and able bodied so that children old men women invalids slaves beggars the sick and the mentally deranged are excluded Foreigners are exempt from it on condition that they do not settle permanently in the country Inhabitants of frontier districts who at certain times could be enrolled in military expeditions even if not Muslim Mardaites Amenians etc were released from jizya for the year in question Lambton 2013 p 205 These rules formulated by the jurists in the early Abbasid period appear to have remained generally valid thereafter a b Stillman 1979 pp 159 161 al Qaḍi Abu Yaʿla al Aḥkam al Sulṭaniyyah p 160 Quote وتسقط الجزية عن الفقير وعن الشيخ وعن الز م ن أي صاحب العاهة Translation There is no jizya upon the poor the old and the chronically ill a b c d e Dagli 2013 pp 82 3 Ṭaʿimah Ṣabir 2008 al Islam wa l ʿAkhar Dirasah ʿan Waḍʿiyat Ghayr al Muslimin fi Mujtamaʿat al Muslimin الإسلام والآخر دراسة عن وضعية غير المسلمين في مجتمعات المسلمين Riyadh Maktabat al Rushd p 499 Quote وقصته رضي الله عنه مشهورة مع اليهودي الذي رآه على باب متسولا وهو يقول شيخ كبير ضرير البصر فضرب عضده من خلفه وقال من أي أهل الكتاب أنت قال يهودي قال فما ألجأك إلي ما أرى قال أسأل الجزية والحاجة والسن قال فأخذ عمر بيده وذهب به إلى منزله فرضخ له بشيء من المنزل ثم أرسل إلى خازن بيت المال فقال انظر هذا وضرباءه فوالله ما أنصفناه أن أكلنا شبيبته ثم نخذله عند الهرم وقرأ الآية الكريمة إ ن م ا الص د ق ات ل ل ف ق ر اء و ال م س اك ين و ال ع ام ل ين ع ل ي ه ا و ال م ؤ ل ف ة ق ل وب ه م و ف ي الر ق اب و ال غ ار م ين و ف ي س ب يل الل ه و اب ن الس ب يل ف ر يض ة م ن الل ه و الل ه ع ل يم ح ك يم التوبة ٦٠ والفقراء هم المسلمون وهذا من المساكين من أهل الكتاب ووضع عنه الجزية وعن ضربائه Translation And his ʿUmar b al Khaṭṭab May God be pleased with him famous story with the Jew that he saw by a door begging while stating An old man blind sight ʿUmar then asked him So why are you begging I am begging for money the man said so I can pay the jizya and fulfill my needs ʿUmar took him by the hand and led him to his home and gave him gifts and money then he sent him to the treasurer of the public treasury Bayt al Mal and said Take care of him and those like him for by God we have not treated him fairly if we benefited from him in his younger days but left him helpless in his old age Then he recited the verse Alms are meant only for the poor the needy those who administer them those whose hearts need winning over to free slaves and help those in debt for God s cause and for travellers in need This is ordained by God God is allknowing and wise Quran 9 60 and the poor are amongst the Muslims and this one is from the needy amongst the People of the Book So ʿUmar exempted him and those like him from payment of the jizya online a b Abdel Haleem 2012 p 80 a b Tahir ul Qadri Muhammad 2011 Fatwa on Terrorism and Suicide Bombings London Minhaj ul Quran pp 150 2 ISBN 978 0 9551888 9 3 al Zuḥayli Wahbah 1998 ʾAthar al ḥarb fi l fiqh al Islami dirasah muqarinah آثار الحرب في الفقه الإسلامي دراسة مقارنة in Arabic Damascus Dar al Fikr p 700 ISBN 978 1 57547 453 3 Quote ما روي عن سيدنا عمر رضي الله عنه أنه مر بشيخ من أهل الذمة يسأل على أبواب المساجد بسبب الجزية و الحاجة و السن فقال ما أنصفناك كنا أخذنا منك الجزية في شبيبتك ثم ضيعناك في كبرك ثم أجرى عليه من بيت المال ما يصلحه و وضع عنه الجزية و عن ضربائه Translation What was narrated from Sayyiduna ʿUmar b al Khaṭṭab May God be pleased with him That he passed by an old man from the dhimma community who was begging in front of the doors of the mosques because of the need to pay jizya and fulfill his needs and his old age so he ʿUmar said We have not done justice to you in taking from you when you were young and forsaking you in your old age so he gave him a regular pension from the Bayt al Mal Public Treasury and he exempted him and his likes from the jizya online a b Iḥsan Al Hindi 1993 Aḥkam al Ḥarb wa al Salam fi Dawlat al Islam أحكام الحرب والسلام في دولة الإسلام in Arabic Damascus Dar al Numayr p 15 Al Qurtubi Al Jami li Ahkam al Qur an vol 8 p 72 Quote قال علماؤنا الذي دل عليه القرآن أن الجزية تؤخذ من المقاتلين وهذا إجماع من العلماء على أن الجزية إنما توضع على جماجم الرجال الأحرار البالغين وهم الذين يقاتلون دون النساء والذرية والعبيد والمجانين المغلوبين على عقولهم والشيخ الفاني Translation Our scholars have said that which the Qurʾan has indicated is that the jizya is taken from fighters and there is a consensus amongst scholars that the jizya be only placed on the heads of free men who have reached puberty who are the ones fighting with the exclusion of women and children and slaves and the crazy insane and the dying old man a b Al Nawawi Minhaj al Talibin 3 277 a b Al Nawawi Translated by E C Howard 2005 Minhaj et talibin a manual of Muhammadan law Adam Publishers pp 337 8 ISBN 978 81 7435 249 1 Ibn Qayyim al Jawziyya Ahkam Ahl al Dhimma 1 16 Quote ولا جزية على شيخ فان ولا زمن ولا أعمى ولا مريض لا يرجى برؤه بل قد أيس من صحته وإن كانوا موسرين وهذا مذهب أحمد وأصحابه وأبي حنيفة ومالك والشافعي في أحد أمواله لأن هؤلاء لا يقتلون ولا يقاتلون فلا تجب عليهم الجزية كالنساء والذرية Translation And there is no Jizya upon the aged one suffering from chronic disease the blind and the patient who has no hope of recovery and has despaired of his health even if they have enough And this is the opinion of Ahmad and his followers and Abu Ḥanifah Malik and al Shafi i in one narration since those do not fight and aren t fought and so the jizya is exempted from them such as women and children Ibn Qayyim al Jawziyya Ahkam Ahl Al Dhimma 1 14 Quote ولا جزية على صبي ولا امرأة ولا مجنون هذا مذهب الأئمة الأربعة وأتباعهم قال ابن المنذر ولا أعلم عن غيرهم خلافهم وقال أبو محمد ابن قدامة في المغنى لا نعلم بين أهل العلم خلافا في هذا Translation There is no Jizya on the kids women and the insane This is the view of the four imams and their followers Ibn Mundhir said I do not know anyone to have differed with them Abu Muhammad Ibn Qudama said in al Mughni We do not know of any difference of opinion among the learned on this issue Lambton 2013 p 205 Monks were exempted according to some jurists but Abu Hanifa and Abu Yusuf hold that they paid jizya if they worked Ibn Qayyim al Jawziyya Ahkam Ahl Al Dhimma 1 17 Quote وأما الفلاحون الذين لا يقاتلون والحراثون وظاهر كلام أحمد أنه لا جزية عليهم Translation As for peasants who do not fight the dhahir from the writings of Ahmad ibn Hanbal is that there is no jizya on them Seed Patricia Ceremonies of Possession in Europe s Conquest of the New World 1492 1640 Cambridge University Press Oct 27 1995 pp 79 80 Al Yaqoubi Muhammad 2015 Refuting ISIS A Rebuttal Of Its Religious And Ideological Foundations Sacred Knowledge pp 54 5 ISBN 978 1908224125 Markovits C Ed 2002 A History of Modern India 1480 1950 Anthem Press pages 28 39 89 127 Jackson Peter 2003 The Delhi Sultanate a political and military history Cambridge Cambridge University Press pp 282 9 ISBN 978 0 521 54329 3 Eraly Abraham 2000 Emperors of the peacock throne the saga of the great Mughals New York Penguin Books pp 401 6 ISBN 978 0 14 100143 2 Kishori Saran Lal Political conditions of the Hindus under the Khaljis Proceedings of the Indian History Congress 9 232 Gerber Jane 1995 Sephardic studies in the university London Fairleigh Dickinson University Press pp 54 74 ISBN 978 0 8386 3542 1 Daniel Dennett 1950 Conversion and the Poll Tax in Early Islam Harvard University Press pp 107 10 116 28 ISBN 978 0 674 33158 7 Goiten S D Evidence on the Muslim Poll Tax from Non Muslim Sources Journal of the Economic and Social History of the Orient 1963 Vol 6 pp 278 9 quote The provisions of ancient Islamic law which exempted the indigent the invalids and the old were no longer observed in the Geniza period and had been discarded by the Shafi i School of Law which prevailed in Egypt also in theory Stilt Kristen 12 January 2012 Case5 4 Islamic Law in Action Authority Discretion and Everyday Experiences in Mamluk Egypt OUP Oxford ISBN 9780191629822 Retrieved 19 January 2016 Eliyahu Ashtor and Leah Bornstein Makovetsky 2008 Encyclopaedia Judaica 2nd Edition Volume 12 Thomson Gale Article Kharaj and Jizya Quote Many extant Genizah letters state that the collectors imposed the tax on children and demanded it for the dead As the family was held responsible for the payment of the jizya by all its members it sometimes became a burden and many went into hiding in order to escape imprisonment For example there is a Responsum by Maimonides from another document written in 1095 about a father paying the jizya for his two sons 13 and 17 years old From another document written around 1095 it seems that the tax was due from the age of nine Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd p 60 The rates of jizyah levied by the early conquerors were not uniform online Tritton 2008 p 204 Hamidullah Muhammad 1970 Introduction to Islam International Islamic Federation of Student Organizations p 173 In the time of the Prophet the jizyah amounted to ten dirhams annually which represented the expenses of an average family for ten days Hunter Malik and Senturk p 77 a b Stillman 1979 pp 159 160 Shah Nasim Hasan 1988 The concept of Al Dhimmah and the rights and duties of Dhimmis in an Islamic state Journal of Muslim Minority Affairs 9 2 219 doi 10 1080 02666958808716075 ISSN 0266 6952 Instead of cash jizya may be paid in kind a b al Qaraḍawi Yusuf 1992 Ghayr al Muslimin fi al Mujtamaʿ al ʾIslami غير المسلمين في المجتمع الاسلامي in Arabic Cairo Maktabat Wahbah p 39 ISBN 978 977 7236 55 3 3rd Ed Quote وكان يسمح بدفع الجزية نقدا أو عينا لكن لا يسمح بتقديم الميتة أو الخنزير أو الخمر بدلا من الجزية Translation And it was accepted to pay it in cash or in kind but it wasn t permitted to pay the jizya by means of dead animals pigs or wine online a b Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd p 60 This tax could be paid in kind if desired cattle merchandise household effects even needles were to be accepted in lieu of specie but not pigs wine or dead animals online The Spread of Islam Throughout the World edited by Idris El Hareir Ravane Mbaye p 200 Mufti Muhammad Shafi Ma arifu l Qur an 4 p 364 Al Nawawi Translated by E C Howard 2005 Minhaj et talibin a manual of Muhammadan law Adam Publishers pp 339 340 ISBN 978 81 7435 249 1 Ahmet Davutoglu 1994 Alternative paradigms the impact of Islamic and Western Weltanschauungs on political theory p 160 University Press of America Ibn Qudamah Al Mughni 13 209 10 Quote وفي مقدار الجزية ثلاث روايات 1 أنها مقدرة بمقدار لا يزيد عليه ولا ينقص منه وهذا قول أبي حنيفة والشافعي 2 أنها غير مقدرة بل يرجع فيها إلى اجتهاد الإمام في الزيادة والنقصان قال الأشرم قيل لأبي عبد الله فيزداد اليوم فيه وينقص يعني من الجزية قال نعم يزاد فيه وينقص على قدر طاقتهم على ما يرى الإمام وعمر جعل الجزية على ثلاث طبقات على الغني ثمانية وأربعين درهم ا وعلى المتوسط أربعة وعشرين درهما وعلى الفقير اثني عشر درهما وهذا يدل على أنها إلى رأي الإمام قال البخاري في صحيحه 4 117 قال ابن عيينة عن ابن أبي نجيح قلت لمجاهد ما شأن أهل الشام عليهم أربعة دنانير وأهل اليمن عليهم دينار قال جعل ذلك من أجل اليسار ولأنها عوض فلم تتقدر كالأجرة 3 أن أقلها مقدر بدينار وأكثرها غير مقدر وهو اختيار أبي بكر فتجوز الزيادة ولا يجوز النقصان Translation incomplete Concerning the rate of jizya we can discern between three opinions 1 That it is a fixed amount that can t be augmented nor abated and this is the opinion as narrated from Abu Hanifa and al Shafi i 2 That it isn t fixed but it is up to the Imam Muslim ruler to make ijtihad independent reasoning in determining whether to make additions or subtractions al Ashram said It was said to Abi Abd Allah So we add or reduce it Meaning from jizya He said Yes it is added or subtracted according to their dhimmis capability and according to what the Imam sees most fitting And Umar made the jizya into three different layers 48 dirhams from the rich 24 dirhams from the middle class and 12 dirhams from the working poor And this indicates that it goes to the opinion of the Imam al Bukhari said in his Sahih 4 117 Ibn Uyaynah said From Ibn Abi Najih I said to Mujahid What is the matter with the people of al Sham who are required to pay 4 dinars whereas the people of Yemen only pay one dinar He said It was made so for easing things depending on the capacity of each and since it is in exchange for something so its amount wasn t fixed like employment 3 That its minimum is rated at one dinar but its maximum isn t fixed and this is the choice of Abu Bakr so it is permitted to add and it wouldn t be lawful to reduce Ibn Khaldun translation Franz Rosenthal N J Dawood 1969 The Muqaddimah an introduction to history in three volumes 1 p 230 Princeton University Press Ahmad ibn Naqib al Misri Nuh Ha Mim Keller 1368 Reliance of the Traveller PDF Amana Publications p 608 Retrieved 14 May 2020 Ahmad ibn Naqib al Misri Nuh Ha Mim Keller 1368 A Classic Manual of Islamic Scared Law PDF Shafiifiqh com Retrieved 14 May 2020 Ennaji Mohammed 2013 Slavery the state and Islam Cambridge University Press pp 60 4 ISBN 978 0521119627 Aghnides Nicolas 2005 Islamic theories of finance with an introduction to Islamic law and a bibliography Gorgias Press pp 398 408 ISBN 978 1 59333 311 9 Tsadik Daniel 2007 Between foreigners and Shi is nineteenth century Iran and its Jewish minority Stanford USA Stanford University Press pp 25 30 ISBN 978 0 8047 5458 3 Cohen 2008 pp 56 64 69 a b Al Nawawi Rawḍat al Ṭalibin wa Umdat al Muftin vol 10 pp 315 6 al Maktab al Islamiy Ed Zuhayr al Chawich Quote ق ل ت ه ذ ه ال ه ي ئ ة ال م ذ ك ور ة أ و ل ا ل ا ن ع ل م ل ه ا ع ل ى ه ذ ا ال و ج ه أ ص ل ا م ع ت م د ا و إ ن م ا ذ ك ر ه ا ط ائ ف ة م ن أ ص ح اب ن ا الخراس ان ي ين و ق ال ج م ه ور ال أ ص ح اب ت ؤ خ ذ ال ج ز ي ة ب ر ف ق ك أ خ ذ الد ي ون ف الص و اب ال ج ز م ب أ ن ه ذ ه ال ه ي ئ ة ب اط ل ة م ر د ود ة ع ل ى م ن اخ ت ر ع ه ا و ل م ي ن ق ل أ ن الن ب ي و ل ا أ ح د ا م ن ال خ ل ف اء الر اش د ين ف ع ل ش ي ئ ا م ن ه ا م ع أ خ ذ ه م ال ج ز ي ة Translation As for this aforementioned practice hay ah I know of no sound support for it in this respect and it is only mentioned by the scholars of Khurasan The majority jumhur of scholars say that the jizya is to be taken with gentleness as one would receive a debt dayn The reliably correct opinion is that this practice is invalid and those who devised it should be refuted It is not related that the Prophet or any of the rightly guided caliphs did any such thing when collecting the jizya Translation by Dr Caner Dagli taken from H R H Prince Ghazi Muhammad Ibrahim Kalin and Mohammad Hashim Kamali Editors 2013 War and Peace in Islam The Uses and Abuses of Jihad Archived 2017 07 09 at the Wayback Machine pp 82 3 The Islamic Texts Society Cambridge ISBN 978 1 903682 83 8 Ramadan al Buti Muhammad Sa id 2005 Al Jihad fi l Islam Damascus Dar al Fikr p 133 Quote الإمام النووي قال في كتابه روضة الطالبين قل ت هذه ال هيئ ة ال مذكورة أ ولا لا نعل م لها عل ى هذا ال وجه أ صلا معتمدا وإ نما ذكرها طائ فة من أ صحابنا الخراسانيين وقال جمهور الأ صحاب تؤ خذ الجزية برفق كأ خذ الديون فالصواب الجزم بأ ن هذه ال هيئ ة باطلة مردودة على من اخترعها ولم ينقل أ ن النبي ولا أ حدا من الخل فاء الراشدين فعل شيئ ا منها مع أ خذهم ال جزية وقد كرر هذا التحذير وهذا النكير على هؤلاء المخترعين في كتابه المشهور المنهاج Translation The Imam al Nawawi said in his book Rawḍat al Ṭalibin I said As for this aforementioned practice I know of no sound support for it in this respect and it is only mentioned by the scholars of Khurasan The majority jumhur of scholars say that the jizya is to be taken with gentleness as one would receive a debt dayn The reliably correct opinion is that this practice is invalid and those who devised it should be refuted It is not related that the Prophet or any of the rightly guided caliphs did any such thing when collecting the jizya And he repeated this warning and this negation on those innovators in his famous book al Minhaj online Ramadan al Buti Muhammad Sa id 2005 Al Jihad fi l Islam Damascus Dar al Fikr p 133 Quote ونقل إبن قدامة في مغنيه بعض هذه المخترعات الباطلة ثم أوضح أن عمل رسول الله ﷺ وأصحابه والخلفاء الراشدين كان على خلاف ذلك وأنهم كانوا يتواصون باستحصال هذا الحق بالرفق وإتباع اللطف في ذلك Translation And Ibn Qudamah mentioned in his Mughni encyclopedic book on fiqh some of these flawed innovations in the collection of this tax and he clarified that the way of the Prophet of God Peace be upon him his companions and the rightly guided caliphs was contrary to that and that they encouraged that jizya be collected with gentleness and kindness online Ibn Qudamah Al Mughni 4 250 Al Qurtubi Ahkam al Qur an vol 8 p 49 Quote وأما عقوبتهم إذا امتنعوا عن أدائها مع التمكين فجائز فأما مع تبين عجزهم فلا تحل عقوبتهم لأن من عجز عن الجزية سقطت عنه Translation Their punishment in case of non payment of jizya while they were able to do so is permitted however if their inability to pay it was clear then it isn t lawful to punish them since if one isn t able to pay the jizya then he is exempted Humphrey Fisher 2001 Slavery in the History of Muslim Black Africa NYU Press p 47 Lewis Bernard 1992 Race and Slavery in the Middle East An Historical Enquiry Oxford University Press pp 7 ISBN 978 0195053265 those who remained faithful to their old religions and lived as protected persons dhimmis under Muslim rule could not if free be legally enclaved unless they had violated the terms of the dhimma the contract governing their status as for example by rebelling against Muslim rule or helping the enemies of the Muslim state or according to some authorities by withholding payment of the Kharaj or the Jizya the taxes due from dhimmis to the Muslim state Mark R Cohen 2005 Poverty and Charity in the Jewish Community of Medieval Egypt Princeton University Press ISBN 978 0691092720 pp 120 3 130 8 Quotes Family members were held responsible for individual s poll tax mahbus min al jizya Imprisonment for failure to pay poll tax debt was very common This imprisonment often meant house arrest which was known as tarsim I P Petrushevsky 1995 Islam in Iran SUNY Press ISBN 978 0 88706 070 0 pp 155 Quote The law does not contemplate slavery for debt in the case of Muslims but it allows the enslavement of Dhimmis for non payment of jizya and kharaj Scott C Levi 2002 Hindu Beyond Hindu Kush Indians in the Central Asian Slave Trade Journal of the Royal Asiatic Society 12 Part 3 November 2002 p 282 Cizakca Murat 2011 Islamic Capitalism and Finance Origins Evolution and the Future p 20 Weiss Holger Social Welfare in Muslim Societies in Africa p 18 Holger Weiss Social Welfare in Muslim Societies in Africa p 17 a b c Cahen p 562 Kamaruddin Sharif Wang Yong Bao 2013 08 05 Iqbal Zamir Mirakhor Abbas eds Economic Development and Islamic Finance p 239 ISBN 978 0 8213 9953 8 As these examples show the responsibility for social safety and security that the Islamic state has undertaken has not been restricted to its citizens but has also included all residents Umar bin Abd al Aziz Qurchi Samahat al Islam pp 278 9 Maktabat al Adib Kamaruddin Sharif Wang Yong Bao Iqbal Zamir Mirakhor Abbas eds Economic Development and Islamic Finance p 239 Nuʻmani Shibli 2004 Umar Makers of Islamic Civilization London I B Tauris p 131 ISBN 9781850436706 Hamidullah Muhammad 1998 Le Prophete de l Islam Sa vie Son œuvre in French Vol 2 Paris El Najah pp 877 8 Rappelons ici la pratique du Calife Abu Bakr apres la conquete de la ville de Hirah le commandant Khalid au nom du calife conclut un traite ou il dit en outre je leur accorde que tout vieillard qui deviendrait inapte au travail ou qu aurait frappe un malheur ou bien qui de riche deviendrait pauvre se mettant ainsi a la merci de la charite de ses coreligionnaires sera exonere par moi de la jizya capitation et recevra l aide du Tresor Public des Musulmans lui et les personnes dont il a la charge et ce pour aussi longtemps qu il demeurera en terre d Islam dar al Islam Translation Let us recall here the practice of the Caliph Abu Bakr After the conquest of the city of Hirah the commandant Khalid by the name of the Caliph concluded a treaty where he states I assured them that any non Muslim person 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 jizya and he and his family will be supplied with sustenance by the Bayt al Mal public treasury and this as long as he s staying in the abode of Islam dar al Islam al Zuḥayli Wahbah 1998 ʾAthar al ḥarb fi l fiqh al Islami dirasah muqarinah آثار الحرب في الفقه الإسلامي دراسة مقارنة in Arabic Damascus Dar al Fikr p 700 ISBN 978 1 57547 453 3 Quote و جاء في كتاب خالد بن الوليد لأهل الحيرة و جعلت لهم أيما شيخ ضعف عن العمل أو أصابته آفة من الآفات أو كان غنيا فافتقر و سار أهل دينه يتصدقون عليه طرحت جزيته و عيل من بيت مال المسلمين و عياله Translation And it was stated in the treaty of Khalid b al Walid with the people of al Hirah I assured them that any non Muslim person 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 jizya and he and his family will be supplied with sustenance by the Bayt al Mal public treasury online Abu Yusuf Kitab al Kharaj كتاب الخراج in Arabic Beirut Dar al Maʿrifah pp 143 4 Quote هذا كتاب من خالد بن الوليد لاهل الحيرة وأيما شخص ضعف عن العمل أو أصابته آفة من الآفات أو كان غنيا فافتقر وصار أهل دينه يتصدقون عليه طرحت جزيته وأعيل من بيت مال المسلمين و عياله Translation This is a treaty of Khalid b al Walid to the people of al Hirah Any non Muslim person 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 jizya and he and his family will be supplied with sustenance by the Bayt al Mal public treasury Iḥsan Al Hindi 1993 Aḥkam al Ḥarb wa al Salam fi Dawlat al Islam أحكام الحرب والسلام في دولة الإسلام in Arabic Damascus Dar al Numayr p 15 Quote و كان للذميين كذلك نوع من التأمين الاجتماعي ضد العوز و الشيخوخه و المرض و الدليل على ذلك أن خالدا بن الوليد كتب في عهده لأهل الحيرة المسيحيين بعد فتحها و جعلت لهم أيما شيخ ضعف عن العمل أو أصابته آفة من الآفات أو كان غنيا فافتقر و سار أهل دينه يتصدقون عليه طرحت جزيته و عيل من بيت مال المسلمين و عياله Translation And dhimmis had also a kind of social insurance in case of destitution or advanced age or sickness and the justification for that is the treaty of Khalid b al Walid that he wrote with the people of al Hirah who were Christians after its fath Any non Muslim person 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 jizya and he and his family will be supplied with sustenance by the Bayt al Mal public treasury al Qaraḍawi Yusuf 1992 Ghayr al Muslimin fi al Mujtamaʿ al ʾIslami غير المسلمين في المجتمع الاسلامي in Arabic Cairo Maktabat Wahbah pp 16 7 ISBN 978 977 7236 55 3 3rd Ed online al Qaraḍawi Yusuf 2009 Fiqh al Jihad Dirasah Muqaranah li Aḥkamih wa Falsafatih fi Ḍawʾ al Qurʾan wa al Sunnah فقه الجهاد دراسة مقارنة لأحكامه وفلسفته في ضوء القرآن والسنة in Arabic Vol 2 Cairo Maktabat Wahbah p 1005 ISBN 978 977 225 246 6 3rd Ed Quote قال رسول الله ﷺ ك ل ك م ر اع و ك ل ك م م س ئ ول ع ن ر ع ي ت ه ف الإ م ام ر اع و ه و م س ئ ول ع ن ر ع ي ت ه وهذا ما مضت به سنة الراشدين ومن بعدهم ففي عقد الذمة اللذي كتبه خالد إبن الوليد لأهل الحيرة بالعراق وكانوا من النصارى وجعلت لهم أيما شيخ ضعف عن العمل أو اصابته آفة من الآفات أو كان غنيا فافتقر وصار أهل دينه يتصدقون عليه طرحت جزيته وعيل من بيت مال المسلمين هو وعياله وكان هذا في عهد أبي بكر الصديق وبحضرة عدد كبير من الصحابة وقد كتب خالد به إلى أبي بكر الصديق خليفة رسول الله ولم ينكر عليه أحد ومثل هذا يعد إجماعا Translation The Prophet of God ﷺ said Everyone of you is a guardian and everyone of you is responsible for his charges The ruler Imam is a guardian and is responsible for his subjects And that is how things went in the period of the Rashidun and those after them So we find in the treaty of protection between Khalid b al Walid and the town of al Ḥirah in ʿIraq who were Christians I assured them that any non Muslim person 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 jizya and he and his family will be supplied with sustenance by the public treasury And this was in the era of Abu Bakr al Ṣiddiq with the presence of a large number of companions and this was also written by Khalid to Abu Bakr al Ṣiddiq the successor of the Prophet of God and no one disagreed with him on this matter and so things like this are considered to be a consensus online Seed Patricia 1995 Ceremonies of Possession in Europe s Conquest of the New World 1492 1640 Cambridge University Press p 79 ISBN 978 0 521 49757 2 Retrieved 21 February 2020 Seed Patricia 1995 Ceremonies of Possession in Europe s Conquest of the New World 1492 1640 Cambridge University Press p 82 ISBN 978 0 521 49757 2 Retrieved 21 February 2020 Payment of tribute was often rationalized as jizya had been as a contribution by indigenous peoples to their military defense a b c d Cahen p 559 William Montgomery Watt 1980 pp 49 50 Hoyland In God s Path 2015 p 198 a b c d e Stillman 1979 pp 17 18 a b Gil Moshe 1997 A History of Palestine 634 1099 Cambridge University Press pp 28 30 Bravmann 2009 p 204 Whereas in the non Islamic examples mentioned by us above the good deed consists in the pardon granted by an individual according to his discretion to an individual who has been vanquished and taken captive by him in the Qur an verse discussed by us the good deed and hence also the reward jizya jaza tawab necessarily following it according to ancient Arab common law have become a practice normally occurring and that must be performed the life of all prisoners of war belonging to a certain privileged category of non believers must as a rule be spared All must be subject to pardon provided they grant the reward jizya to be expected for an act of pardon sparing of life Anver M Emon Religious Pluralism and Islamic Law Dhimmis and Others in the Empire of Law p 98 note 3 Oxford University Press ISBN 978 0199661633 Quote Some studies question the nearly synonymous use of the terms kharaj and jizya in the historical sources The general view suggests that while the terms kharaj and jizya seem to have been used interchangeably in early historical sources what they referred to in any given case depended on the linguistic context If one finds references to a kharaj on their heads the reference was to a poll tax despite the use of the term kharaj which later became the term of art for land tax Likewise if one fins the phrase jizya on their land this referred to a land tax despite the use of jizya which later come to refer to the poll tax Early history therefore shows that although each term did not have a determinate technical meaning at first the concepts of poll tax and land tax existed early in Islamic history Denner Conversion and the Poll Tax 3 10 Ajiaz Hassan Qureshi The Terms Kharaj and Jizya and Their Implication Journal of the Punjab University Historical Society 12 1961 27 38 Hossein Modarressi Rabatab i Kharaj in Islamic Law London Anchor Press Ltd 1983 Dennett 1950 p 11 a b c d e f g h i j k l m n Cahen p 560 Hoyland 2014 p 99 a b Hoyland 2014 p 199 a b c d e f g Cahen p 561 Dennett 1950 p 103 ʿUmar II however ordered all converts to be exempt from the poll tax They paid their land tax as always Hoyland 2014 pp 201 202 Dennett 1950 p 113 Hoyland 2014 p 200 Jackson Peter 2003 The Delhi Sultanate A Political and Military History Cambridge University Press pp 284 6 ISBN 978 0521543293 Irfan Habib Economic History of Medieval India 1200 1500 Vol VIII part 1 pp 78 80 ISBN 978 81 317 2791 1 Fouzia Ahmed 2009 The Delhi Sultanate A Slave Society or A Society with Slaves Pakistan Journal of History and Culture 30 1 8 9 Elliot H M Henry Miers Sir John Dowson 1867 15 Tarikh i Firoz Shahi of Ziauddin Barani The History of India as Told by Its Own Historians The Muhammadan Period Vol 3 London Trubner amp Co p 184 Quote The Sultan then asked How are Hindus designated in the law as payers of tributes or givers of tribute The Qazi replied They are called payers of tribute and when the revenue officer demands silver from them they should tender gold If the officer throws dirt into their mouths they must without reluctance open their mouths to receive it The due subordination of the zimmi is exhibited in this humble payment and by this throwing of dirt in their mouths The glorification of Islam is a duty God holds them in contempt for he says keep them under in subjection To keep the Hindus in abasement is especially a religious duty because they are the most inveterate enemies of the Prophet and because the Prophet has commanded us to slay them plunder them enslave them and spoil their wealth and property No doctor but the great doctor Hanafi to whose school we belong has assented to the imposition of the jizya poll tax on Hindus Doctors of other schools allow no other alternative but Death or Islam a b Vincent A Smith The Oxford History of India From the Earliest Times to the End of 1911 at Google Books Chapter 2 pp 236 42 Oxford University Press William Hunter 1903 A Brief History of the Indian Peoples p 124 at Google Books 23rd Edition pp 124 8 Muḥammad ibn Tughluq Encyclopedia Britannica 2009 a b c Vincent A Smith The Oxford History of India From the Earliest Times to the End of 1911 at Google Books Chapter 2 pp 249 51 Oxford University Press Futuhat i Firoz Shahi Autobiography of Firoz Shah Tughlaq Translated y Elliot and Dawson Volume 3 The History of India Cornell University pp 374 83 Annemarie Schimmel 1997 Islam in the Indian Subcontinent Brill Academic pp 20 23 ISBN 978 9004061170 Kingship in Kasmir AD 1148 1459 From the Pen of Jonaraja Court Paṇḍit to Sulṭan Zayn al Abidin Edited by Walter Slaje With an Annotated Translation Indexes and Maps Studia Indologica Universitatis Halensis 7 Halle 2014 ISBN 978 3 86977 088 8 Slaje Walter 2019 What Does it Mean to Smash an Idol Iconoclasm in Medieval Kashmir as Reflected by Contemporaneous Sanskrit Sources Brahma s Curse Facets of Political and Social Violence in Premodern Kashmir Studia Indologica Universitatis Halensis 13 p 36 ISBN 978 3 86977 199 1 Satish C Misra The Rise of Muslim Power in Gujarat Bombay 1963 p 175 a b c Truschke Audrey 2020 07 20 5 Moral Man and Leader Aurangzeb The Life and Legacy of India s Most Controversial King Stanford University Press pp 66 77 doi 10 1515 9781503602595 009 ISBN 978 1 5036 0259 5 S2CID 243691670 Lal Vinay Aurangzeb Akbar and the Communalization of History Manas a b Lal Vinay Aurangzeb s Fatwa on Jizya MANAS Retrieved 2021 02 05 Chandra Satish 1969 Jizyah and the State in India during the 17th Century Journal of the Economic and Social History of the Orient 12 3 322 340 doi 10 2307 3596130 ISSN 0022 4995 JSTOR 3596130 Aurangzeb Emperor of Hindustan Jamshedji Hormasji Bilimoriya 1908 Ruka at i Alamgiri or Letters of Aurungzebe with historical and explanatory notes University of California Libraries London Luzac etc etc Truschke Audrey 2017 01 01 7 Later Years Aurangzeb The Life and Legacy of India s Most Controversial King Stanford University Press pp 89 100 doi 10 1515 9781503602595 011 ISBN 978 1 5036 0259 5 S2CID 242351847 Markovits C Ed 2002 A History of Modern India 1480 1950 Anthem Press pp 109 12 a b Shlomo Simonsohn Between Scylla and Charybdis The Jews in Sicily Brill ISBN 978 9004192454 pp 24 163 Stefan Winter 2012 The Shiites of Lebanon under Ottoman Rule 1516 1788 Cambridge University Press ISBN 978 1107411432 p 64 Encyclopaedia of Islam 2nd Edition Edited by P Bearman et al 1960 ISBN 9789004161214 Jizya Egemen Yilgur 2023 the 1858 Tax Reform and the Other Nomads in Ottoman Asia url https www tandfonline com doi full 10 1080 00263206 2023 2185882 journal Middle Eastern Studies pages 1 20 doi https doi org 10 1080 00263206 2023 2185882 The Zoroastrians who remained in Persia modern Iran after the Arab Muslim conquest 7th century AD had a long history as outcasts Although they purchased some toleration by paying the jizya poll tax not abolished until 1882 they were treated as an inferior race had to wear distinctive garb and were not allowed to ride horses or bear arms Gabars Encyclopaedia Britannica 2007 Britannica Concise Encyclopedia 29 May 2007 full citation needed Though in Tunisia and Algeria the jizya kharaj practice was eliminated during the 19th century Moroccan Jewry still paid these taxes as late as the first decade of the twentieth century Michael M Laskier North African Jewry in the Twentieth Century Jews of Morocco Tunisia and Algeria NYU Press 1994 p 12 Mordechai Zaken Jewish Subjects and their Tribal Chieftains in Kurdistan A Study in Survival Brill 2007 pp 280 284 71 Sikhs pay Rs 20 million as tax to Taliban Tribuneindia com 16 April 2009 Retrieved 30 October 2015 Caris Charlie The Islamic State Announces Caliphate Institute for the Study of War Retrieved 1 July 2014 Scott Rachel 2010 The challenge of political Islam non Muslims and the Egyptian state Stanford Calif Stanford University Press p 101 ISBN 978 0 8047 6906 8 In the mid 1980s Yusuf al Qaradawi argued that non Muslims should not serve in the army and should pay the jizya on the basis that the Islamic state is best protected by those who believe in it al Qaraḍawi Yusuf 2007 al Din wa al siyasah taʼṣil wa radd shubuhat الدين والسياسة تأصيل ورد شبهات Dublin European Council for Fatwa and Research p 157 Quote و اليوم بعد أن أصبح التجنيد الإجباري مفروضا على كل المواطنين مسلمين و غير مسلمين لم يعد هناك مجال لدفع أي مال لا باسم جزية و لا غيرها Translation Nowadays after military conscription has become compulsory for all citizens Muslims and non Muslims there is no longer room for any payment whether by name of jizya or any other online Hoyland 2014 p 198 The most contentious aspect of this discriminatory policy was taxation Initially as one would expect the Arabs as conquerors and soldiers rulers did not pay any taxes The adult male conquered people on the other hand all paid tax irrespective of their religion or ethnicity unless they were granted an exemption in return for providing military service or spying or the like a b c Stillman 1979 p 28 Malik Jamal 2008 Islam in South Asia a short history Leiden Netherlands Brill p 69 ISBN 978 90 04 16859 6 It is to be noted that this tax was collected in lieu of military service but the problem gets compounded when we learn that so many Hindus fought in Muslim armies It was only with expanding Muslim rule by the later half of the fourteenth century that jizya was levied on non Muslims as a discriminatory tax but was relaxed here and there Chandra S 1969 Jizyah and the State in India during the 17th Century Journal de l histoire economique et sociale de l Orient p 339 Quote Politically the greatest objection to jizyah was that it harassed and alienated some of the most influential sections of the Hindus namely the urban masses These people were subjected to great harassment and oppression by the collectors of jizyah and in retaliation resorted on a number of occasions to hartal and public demonstrations Markovits Claude 2004 A history of modern India 1480 1950 London Anthem p 30 ISBN 978 1 84331 152 2 the jizya was the symbol par excellence of the superiority of Muslims over non Muslims it is highly doubtful that it was in reality levied as a tax distinct from the land tax the terms jizya and kharaj are interchangeable in the texts dating from this time The extremely theoretical nature of this discrimination must be kept in mind when there is reference to its abolition or its restoration under the Moguls Takim L 2007 Holy Peace or Holy War Tolerance and Co existence in the Islamic Juridical Tradition Islam and Muslim Societies 4 2 pp 14 6 Ramadan al Buti Muhammad Sa id 2005 Al Jihad fi l Islam Damascus Dar al Fikr pp 132 3 Quote تزيدات مبتدعة في طريقة استحصال الرسم أو الضريبة التي تسمى الجزية و في معاملة الكتابيين عموما لم نقرأها في القرآن و لم نجد دليلا عليها في سن ة عن رسول الله ﷺ و إنما ذكرها بعض متأخري الفقهاء و قد أنكر محققو الفقهاء على إختلاف مذاهبهم هده التزايدات المبتدعة و المقحمة في أحكام الشرع و مبادئه و حذروا من اعتمادها و الأخذ بها Translation Heretical additions in the collection methods of the tax that is called the jizya and in the common behavior with the People of the Book in general that we didn t read in the Qur an and that we didn t find evidence for in the Sunnah of the Prophet of God Peace be upon him but that was mentioned by some later jurists fuqaha In point of fact leading scholars muḥaqqiqu of jurisprudence despite their differences in their respective schools of jurisprudence madhahib have denied and refuted these heretical innovations that were intrusive in the rules and principles of the Law and they warned against following and taking them Emon Anver 2012 Religious pluralism and Islamic law Oxford United Kingdom Oxford University Press p 98 ISBN 978 0 19 966163 3 Imposing poll taxes and other regulatory measures on minority religious communities was not unique to the Islamic tradition Rather discriminatory regulations were utilized by many polities throughout antiquity late antiquity and the medieval period Victoria William L Cleveland late of Simon Fraser University Martin Bunton University of 2013 A history of the modern Middle East Fifth ed New York Westview Press p 13 ISBN 978 0813348346 Lewis Bernard 2002 Arabs in History p 57 ISBN 978 0 19280 31 08 a b c Lapidus Ira M 2014 A History of Islamic societes Cambridge University Press p 53 ISBN 9780521514309 a b c d Tramontana Felicita 2013 The Poll Tax and the Decline of the Christian Presence in the Palestinian Countryside in the 17th Century Journal of the Economic and Social History of the Orient 56 4 5 631 652 doi 10 1163 15685209 12341337 The cor relation between the payment of the poll tax and conversion to Islam has long been the subject of scholarly debate At the beginning of the twentieth century scholars suggested that after the Muslim conquest the local populations converted en masse to evade the payment of the poll tax This assumption has been challenged by subsequent research Indeed Dennett s study clearly showed that the payment of the poll tax was not a sufficient reason to convert after the Muslim conquest and that other factors such as the wish to retain social status had greater influence According to Inalcik the wish to evade payment of the jizya was an important incentive for conversion to Islam in the Balkans but Anton Minkov has recently argued that taxation was only one of a number of motivations Dennett 1950 p 10 Wellhausen makes the assumption that the poll tax amounted to so little that exemption from it did not constitute sufficient economic motive for conversion Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd pp 59 but this jizyah was too moderate to constitute a burden seeing that it released them from the compulsory military service that was incumbent on their Muslim fellow subjects Conversion to Islam was certainly attended by a certain pecuniary advantage but his former religion could have had but little hold on a convert who abandoned it merely to gain exemption from the jizyah and now instead of jizyah the convert had to pay the legal alms zakat annually levied on most kinds of movable and immovable property online a b Cohen 2008 pp 72 73 Abdel Haleem 2012 p 86 Sources Edit Ali Abdullah Yusuf 1991 The Holy Quran Medina King Fahd Holy Qur an Printing Complex Abou Al Fadl Khaled 2002 The Place of Tolerance in Islam Beacon Press ISBN 978 0 8070 0229 2 Abdel Haleem Muhammad 2012 The jizya Verse Q 9 29 Tax Enforcement on Non Muslims in the First Muslim State Journal of Qur anic Studies 14 2 72 89 doi 10 3366 jqs 2012 0056 ISSN 1465 3591 Ahmed Ziauddin 1975 The concept of Jizya in early Islam Islamic Studies 14 4 293 305 JSTOR 20846971 Aisha Y Musa jizya Towards a Qur anically based understanding of a Historically Problematic Term in Transcendental Thought November 2011 Lambton Ann 2013 State and Government in Medieval Islam Hoboken Taylor and Francis ISBN 978 1 136 60521 5 Cahen Claude Ḏj izzya Encyclopaedia of Islam Vol 2 2nd ed Brill Bravmann M M 2009 The spiritual background of early Islam studies in ancient Arab concepts Leiden Boston Brill ISBN 978 90 04 17200 5 Cleveland William L A History of the Modern Middle East Westview Press Nov 1 1999 ISBN 0 8133 3489 6 Choudhury Masudul Alam Abdul Malik Uzir 1992 The Foundations of Islamic Political Economy Hampshire The Macmillan Press ISBN 0312068549 Dennett Daniel Clement 1950 Conversion and the Poll Tax in Early Islam Harvard University Press ISBN 9780674331594 Ellethy Yaser 2014 Islam Context Pluralism and Democracy Classical and Modern Interpretations Islamic Studies Series Routledge ISBN 978 1138800304 Donner Fred McGraw 1981 The Early Islamic Conquests Princeton University Press Hoyland Robert G 2014 In Gods Path The Arab Conquests and the Creation of an Islamic Empire Oxford University Press ISBN 9780190209650 Narain Harsh 1990 Jizyah and the spread of Islam New Delhi Voice of India Hunter Shireen Malik Huma Senturk Recep 2005 Islam and Human Rights Advancing a U S Muslim Dialogue Center for Strategic and International Studies H R H Prince Ghazi Muhammad Ibrahim Kalin Mohammad Hashim Kamali 2013 War and Peace in Islam The Uses and Abuses of Jihad PDF The Islamic Texts Society Cambridge ISBN 978 1 903682 83 8 Archived from the original PDF on 2017 07 09 Retrieved 2015 12 11 Shaltut Mahmoud 2013 Prince Ghazi bin Muhammad Ibrahim Kalin Mohammad Hashim Kamali eds The Qur an and Combat PDF Vol War and Peace in Islam The Uses and Abuses of Jihad The Islamic Texts Society Cambridge ISBN 978 1 903682 83 8 Archived from the original PDF on 2017 07 09 Retrieved 2015 12 11 Kalin Ibrahim 2013 Prince Ghazi bin Muhammad Ibrahim Kalin Mohammad Hashim Kamali eds Islam and Peace A Survey of the Sources of Peace in the Islamic Tradition PDF Vol War and Peace in Islam The Uses and Abuses of Jihad The Islamic Texts Society Cambridge ISBN 978 1 903682 83 8 Archived from the original PDF on 2017 07 09 Retrieved 2015 12 11 Dagli Caner 2013 Prince Ghazi bin Muhammad Ibrahim Kalin Mohammad Hashim Kamali eds Jihad and the Islamic Law of War PDF Vol War and Peace in Islam The Uses and Abuses of Jihad The Islamic Texts Society Cambridge ISBN 978 1 903682 83 8 Archived from the original PDF on 2017 07 09 Retrieved 2015 12 11 Esposito John L 1998 Islam The Straight Path Oxford University Press ISBN 978 0 19 511233 7 Stillman Norman 1979 The Jews of Arab lands a history and source book Philadelphia Jewish Publication Society of America ISBN 978 0 8276 0198 7 Shah Niaz A 2008 Self Defense in Islamic and International Law Assessing Al Qaeda and the Invasion of Iraq Palgrave Macmillan ISBN 978 0230606180 Goiten S D Evidence on the Muslim Poll Tax from Non Muslim Sources Journal of the Economic and Social History of the Orient 1963 Vol 6 Walker Arnold Thomas 1913 Preaching of Islam A History of the Propagation of the Muslim Faith Constable amp Robinson Ltd Cohen Mark R 2008 Under crescent and cross the Jews in the Middle Ages Princeton Princeton University Press ISBN 978 0 691 13931 9 Seed Patricia Ceremonies of Possession in Europe s Conquest of the New World 1492 1640 Cambridge University Press Oct 27 1995 ISBN 0 521 49757 4 Tritton A S 2008 Caliphs and their non Muslim subjects a critical study of the covenant of ʻUmar London New York Routledge ISBN 978 0 415 61181 7 Watt William Montgomery 1980 Islamic Political Thought The Basic Concepts Edinburgh Edinburgh University Press External links Edit Wikiquote has quotations related to Jizya Jizya Encyclopaedia Britannica Retrieved from https en wikipedia org w index php title Jizya amp oldid 1149825620, wikipedia, wiki, book, books, library,

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