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Jizya

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Jizya(Arabic:جِزْيَة,romanized:jizya), or jizyah,[1]is a type of taxation historically levied on non-Muslim subjects of a state governed byIslamic law.[2]TheQuranandhadithsmention jizya without specifying its rate or amount,[3]and the application of jizya varied in the course ofIslamic history.However, scholars largely agree that early Muslim rulers adapted some of the existing systems of taxation and modified them according to Islamic religious law.[4][5][6][7][8]

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' allegiance to the Muslim state and its laws.[9][10][11]Muslim jurists required adult, free, sanemalesamong the dhimma community to pay the jizya,[12]while exempting women, children,elders,handicapped,the ill,the insane,monks,hermits,slaves,[13][14][15][16][17]andmusta'mins—non-Muslim foreigners who only temporarily reside in Muslim lands.[13][4]In regimes that allowed dhimmis to serve in Muslim armies those who chose to join military service were also exempted from payment,[2][14][18][19][20][21]some Muslim scholars claim that some Islamic rulers exempted those who could not afford to pay from the Jizya.[14][22][23]

Together withkharāj,a term that was sometimes used interchangeably with jizya,[24][25][26]taxes levied onnon-Muslimsubjects were among the main sources of revenues collected by some Islamic polities, such as theOttoman EmpireandIndian Muslim Sultanates.[27]Jizya rate was usually a fixed annual amount depending on the financial capability of the payer.[28]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.[2][29][30]

The term appears in the Quran referring to a tax or tribute fromPeople of the Book,specifically Jews and Christians. Followers of other religions likeZoroastriansandHindustoo were later integrated into the category ofdhimmisand required to pay jizya. In theIndian Subcontinentthe practice stopped by the 18th century with Muslim rulers losing their kingdoms to the Maratha Empire and British East India Company. It almost vanished during the 20th century with the disappearance of Islamic states and the spread ofreligious tolerance.[31]The tax is no longer imposed by nation states in the Islamic world,[32][33]although there are reported cases of organizations such as thePakistani TalibanandISISattempting to revive the practice.[31][34][35]

Etymology and meaning

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Commentators disagree on the definition and derivation of the wordjizya.Ann Lambtonwrites that the origins ofjizyaare 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."[36]

According inEncyclopedia Iranica,the Arabic wordjizyais most likely derived fromMiddle Persiangazītak,which denoted a tax levied on the lower classes of society inSasanian Persia,from which the nobles, clergy, landowners (dehqāns), and scribes (or civil servants, dabirān) were exempted. Muslim Arab conquerors largely retained the taxation systems of the Sasanian and Byzantine empires they had conquered.[37]

Shakir's English translations of theQur'anrenderjizyaas 'tax', whilePickthallandArberrytranslate it as "tribute".Yusuf Aliprefers totransliteratethe term asjizyah.Yusuf Ali considered the root meaning ofjizyato be "compensation,"[38][39]whereasMuhammad Asadconsidered it to be "satisfaction."[38]

Al-Raghib al-Isfahani(d. 1108), a classical Muslimlexicographer,writes thatjizyais 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-Haleemstates that the termpoll taxdoes not translate theArabicwordjizya,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 ofjizyais 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 aszakat.[42]

The historianal-Tabariand thehadith scholaral-Bayhaqirelate that some members of the Christian community askedʿUmar ibn al-Khattabif they could refer to thejizyaassadaqah,literally 'charity', which he allowed.[29][43][44]Based on this historical event, the majority of jurists from Shāfiʿīs, Ḥanafīs and Ḥanbalīs state that it is lawful to take thejizyafromahl al-dhimmahby name ofzakātorṣadaqah,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 toLane's Lexicon,jizyais 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. Moronystates that:[48]

[The emergence of] protected status and the definition ofjizyaas 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 McAuliffestates thatjizya,in early Islamic texts, was an annual tribute expected from non-Muslims, and not a poll tax.[49]Similarly,Thomas Walker Arnoldwrites thatjizyaoriginally 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 Trittonstates that bothjizyain west, andkharajin the east Arabia meant 'tribute'. It was also calledjawaliin Jerusalem.[51][52]Shemesh says thatAbu Yusuf,Abu Ubayd ibn al-Sallām, Qudama ibn Jaʿfar, Khatib, and Yahya ibn Adam used the termsJizya,Kharaj,UshrandTasqas synonyms.[53]

The Arabic lexicographerEdward William Lane,after a careful analysis of the etymology of the term "Jizya", says: "The tax that is taken from the free non-Muslim subjects of a Muslim government whereby they ratify the compact that assures them protection, as though it were compensation for not being slain".[54]

Rationale

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Payment for protection

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According to Abou Al-Fadl and other scholars, classical Muslim jurists andscholarsregard 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,[55][12][10][11][47][56][57][58][59]as well as for non-Muslims being exempt from military service,[12][60][10][11][19][38][42][61][62]and in exchange for the aid provided to poor dhimmis.[30]In a treaty made byKhalidwith 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."[63][64][65][66][67]EarlyHanafijuristAbu Yusufwrites:

'AfterAbu ʿUbaydahconcluded a peace treaty with the people ofSyriaand had collected from them the jizya and the tax for agrarian land (kharāj), he was informed that theRomanswere 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." '[68][69][70][71]

In accordance with this order, enormous sums were paid back out of the state treasury,[69]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."[69][70]Similarly, during the time of theCrusades,Saladinreturned the jizya to the Christians ofSyriawhen he was compelled to retract from it.[72]The Christian tribe of al-Jurajima, in the neighborhood ofAntioch,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.[20][73]TheorientalistThomas Walker Arnoldwrites that even Muslims were made to pay a tax if they were exempted from military service, like non-Muslims.[74][75]Thus, theShafi'ischolaral-Khaṭīb ash-Shirbīniystates: "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."[76]Ibn Hajar al-Asqalanistates that there is a consensus amongst Islamic jurists that jizya is in exchange for military service.[77]In the case of war, jizya is seen as an option to endhostilities.According toAbu Kalam Azad,one of the main objectives of jizya was to facilitate apeacefulsolution 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.[78]In a similar vein,Mahmud Shaltutstates 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."[79]

Other rationales

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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,[80][81]including:

  • as a symbol of humiliation to remind dhimmis of their status as a conquered people and their subjection to Islamic laws[82]
  • as a financial and political incentive fordhimmisto convert to Islam.[9][82]The Muslim jurist and theologianFakhr al-Din al-Razisuggested in his interpretation of Q.9:29 that jizya is anincentiveto 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.[83]
  • as a substantial source of revenue for at least some times and places (such as theUmayyad era) and as economically inconsequential in others.[84][85]
  • 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".[1]
  • Sayyid Qutbsaw 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 thezakattax paid by Muslims.[80]
  • The 11th century juristIbn Hazmelaborates; "Allah has established the infidel's ownership of their property only for the institution of booty for Muslims".[86]
  • Muslim JuristMalik ibn Anas's al-Muwatta declares that "Zakat is imposed on the Muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them (to show they are subjects of the state)."[87]

In the Qur'an

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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-Butisays:[90]

[T]he verse commandsqitāl(قتال) and notqatl(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-Haleemwrites 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.[91]WhereasAbū Ḥayyānstates "they are so described because their way [of acting] is the way of those who do not believe in God,"[91]Ahmad Al-Maraghī comments:[92]

[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 theByzantines,which was what led toTabuk.

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 tojizya,that is, unlawfully consuming what belongs to the Muslim state, which,al-Bayḍāwīexplains, "it has been decided that they should give,"[91][93]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 toMuḥammador thePeople of the Book's own earlier messengers,Mosesor 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.[91]

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.[citation needed]Muhammad Abdel-Haleemargues against this translation, preferring instead to renderdīna'l-ḥaqqas 'rule of justice'.

The main meaning of the Arabicdānais 'he obeyed', and one of the many meanings ofdīnis 'behaviour' (al-sīra wa'l-ʿāda).[91]The famous ArabiclexicographerFayrūzabādī(d. 817/1415), gives more than twelve meanings for the worddīn,placing the meaning 'worship of God, religion' lower in the list.[91][94]Al-Muʿjam al-wasīṭgives 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 verbdānais used in the sense of 'to believe' or 'to practise a religion', it takes the prepositionbi- after it (e.g.dāna bi'l-Islām) and this is the only usage in which the word means religion.[91][95]The jizya verse does not saylā yadīnūnabi-dīni'l-ḥaqq,but ratherlā yadīnūna dīna'l-ḥaqq.[91]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.[91]

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

Hereʿan 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.[96]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" '.[23]M.J. Kisterunderstands 'an yadto be a reference to the "ability and sufficient means" of thedhimmi.[97]Similarly,Rashid Ridatakes the wordYadin 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. Cohenwrites that 'while they are subdued' was interpreted by many to mean the "humiliated state of the non-Muslims".[98]According to Ziauddin Ahmed, in the view of the majority ofFuqahā(Islamic jurists), the jizya was levied on non-Muslims in order to humiliate them for their unbelief.[99]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 Propheticḥadīth,[100]'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'.[23]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."[101][102][103]This understanding is reiterated by theHanbalijuristIbn Qayyim al-Jawziyya,who interpretswa-hum ṣāghirūnas making all subjects of the state obey the law and, in the case of thePeople of the Book,pay the jizya.[60]

In the classical era

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Liability and exemptions

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Rules for liability and exemptions of jizya formulated by jurists in the earlyAbbasidperiod appear to have remained generally valid thereafter.[104][105]

Islamic jurists required adult, free, sane, able-bodied males of military age with no religious functions among the dhimma community to pay the jizya,[12]while exempting women, children, elders, handicapped, monks, hermits, the poor, the ill, the insane, slaves,[12][13][14][15][16]as well asmusta'mins(non-Muslim foreigners who only temporarily reside in Muslim lands)[13]and converts to Islam.[36]Dhimmis who chose to join military service were exempted from payment.[2][14][18][20][21]If anyone could not afford this tax, they would not have to pay anything.[14][60][23]Sometimes a dhimmi was exempted from jizya if he rendered some valuable services to the state.[75]

TheHanafischolarAbu Yusufwrote, "slaves, women, children, the old, the sick, monks, hermits, the insane, the blind and the poor, were exempt from the tax"[106]and states that jizya should not be collected from those who have neither income nor any property, but survive by begging and from alms.[106]TheHanbalijuristal-Qāḍī Abū Yaʿlāstates, "there is no jizya upon the poor, the old, and the chronically ill".[107]Historical reports tell of exemptions granted by the second caliph 'Umarto an old blind Jew and others like him.[12][108][109][110][111][112][113]TheMalikischolarAl-Qurtubiwrites that, "there is a consensus amongstIslamic scholarsthat 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. "[114]The 13th centuryShafi'ischolarAl-Nawawīwrote that a "woman, a hermaphrodite, a slave even when partially enfranchised, a minor and a lunatic are exempt fromjizya."[115][116]The 14th century Hanbali scholarIbn Qayyimwrote, "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."[117]Ibn Qayyim adds, referring to the fourSunnimaddhabs:"There is no Jizya on the kids, women and the insane. This is the view of thefour imamsand their followers. Ibn Mundhir said, 'I do not know anyone to have differed with them.'Ibn Qudamasaid in al-Mughni, 'We do not know of any difference of opinion among the learned on this issue. "[118]In contrast, the Shāfi'ī juristAl-Nawawīwrote: "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."[115][116]Abu Hanifa,in one of his opinions, and Abu Yusuf held that monks were subject to jizya if they worked.[119]Ibn Qayyim stated that thedhahiropinion of Ibn Hanbal is that peasants and cultivators were also exempted from jizya.[120]

Thoughjizyawas mandated initially forPeople of the Book(Judaism, Christianity,Sabianism), it was extended by Islamic jurists to all non-Muslims.[121][122]Thus Muslim rulers in India, with the exception ofAkbar,collectedjizyafromHindus,Buddhists,JainsandSikhsunder their rule.[123][not specific enough to verify][124][125]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.[126]

The sources of jizya and the practices varied significantly over Islamic history.[127][128]Shelomo Dov Goiteinstates that the exemptions for the indigent, the invalids and the old were no longer observed in the milieu reflected by theCairo Genizaand were discarded even in theory by the Shāfi'ī jurists who were influential in Egypt at the time.[129]According toKristen A. Stilt,historical sources indicate that inMamluk 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.[130]Ashtor and Bornstein-Makovetsky infer from Geniza documents that jizya was also collected in Egypt from the age of nine in the 11th century.[131]

Rate of the jizya tax

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The rates of jizya were not uniform,[1]as Islamic scripture gave no fixed limits to the tax.[132] By the time of Mohammed, the jiyza rate was one dinar per year imposed on maledhimmisin Medina, Mecca, Khaibar, Yemen, and Nejran.[133]According toMuhammad 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".[134]Abu Yusuf,the chief qadhi of the caliphHarun al-Rashid,states that there was no amount permanently fixed for the tax, though the payment usually depended on wealth: theKitab al-Kharajof Abu Yusuf sets the amounts at 48dirhamsfor the richest (e.g. moneychangers), 24 for those of moderate wealth, and 12 for craftsmen and manual laborers.[135][136]Moreover, it could be paid in kind if desired;[60][137][138]cattle, merchandise, household effects, even needles were to be accepted in lieu ofspecie(coins),[139]but not pigs, wine, or dead animals.[138][139]

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.[140]

The rate of jizya that were fixed and implemented by the second caliph of theRashidun 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.[141]

The 13th-century scholarAl-Nawawīwrites, "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."[142]Abu 'Ubayd insists that thedhimmismust not be burdened beyond their capacity, nor must they be caused to suffer.[143]

ScholarIbn 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 fiqhAbu Hanifaandal-Shafi'i.
  2. That it is up to theImam(Muslim ruler) to makeijtihād(independent reasoning) so as to decide whether to add or decrease. He gives the example of 'Umarmaking 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.[144]

ScholarIbn Khaldun(1332 – 17 March 1406) states that jizya has fixed limits that cannot be exceeded.[145]In the classical manual ofShafi'ifiqhReliance of the Travellerit 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."[146][147]

Collection methods

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According toAl-Ghazalijizya was "to establish liberty of conscience in the world" and not for "compelling people to embrace Islam; that would be an unholy war."[134]

According toMark R. Cohen,the Quran itself does not prescribe humiliating treatment for thedhimmiwhen 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".[148]In contrast, the 13th century hadith scholar andShafi'itejuristAl-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 therightly-guided caliphsdid any such thing when collecting the jizya. "[108][149][150]Ibn Qudamahalso rejected this practice and noted that Muhammad and theRashidun caliphsencouraged that jizya be collected with gentleness and kindness.[108][151][152]

Ann Lambtonstates that the jizya was to be paid "in humiliating conditions".[36]Many of the Islamic scholars base this on Surat At-Tawbah 9:29 which states – "(9:29)Those who do not believe in Allah and the Last Day– even though they were given the scriptures, and who do not hold as unlawful that which Allah and His Messenger have declared to be unlawful, and who do not follow the true religion – fight against them until they pay tribute out of their hand and are utterly subdued. "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.[153][154][155]

Al-Zamakhshari, a Mu'tazili author of one of the standard commentaries on the Qur'an, said that"the Jizyah shall be taken from them with belittlement and humiliation. The dhimmi shall come in person, walking not riding. When he pays, he shall stand, while the tax collector sits. The collector shall seize him by the scruff of the neck, shake him, and say" Pay the Jizyah! "and when he pays it he shall be slapped on the nape of the neck."

[Tafsir ibn 'Ajibah. Commentary on Q9:29. Ahmad ibn Muhammad Ibn 'Ajibah] "The dhimmi is commanded to put his soul, good fortune and desires to death. Above all he should kill the love of life, leadership and honor. [The dhimmi] is to invert the longings of his soul, he is to load it down more heavily than it can bear until it is completely submissive. Thereafter nothing will be unbearable for him. He will be indifferent to subjugation or might. Poverty and wealth will be the same to him; praise and insult will be the same; preventing and yielding will be the same; lost and found will be the same. Then, when all things are the same, it [the soul] will be submissive and yield willingly what it should give."

Sufi saint Ahmad Sirhindi (1564–1624), letter #163"The honour of Islam lies in insulting kufr and kafirs. One who respects the kafirs dishonours the Muslims... The real purpose of levying jiziya on them is to humiliate them to such an extent that they may not be able to dress well and to live in grandeur. They should constantly remain terrified and trembling. It is intended to hold them under contempt and to uphold the honour and might of Islam."

The Maliki scholarAl-Qurtubistates, "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".[156]According toAbu Yusuf,jurist of the fifthAbbasidCaliphHarun 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.[136]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.[157]

Failure to pay the jizya was commonly punished by house arrest and some legal authorities allowed enslavement of dhimmis for non-payment of taxes.[158][159][160]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.[161]

Use of tax

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Jizya was considered one of the basic tax revenues for the early Islamic state along withzakat,kharaj, and others.[162]and was collected by theBayt al-Mal(public treasury).[163]Holger Weiss states that four fifths of thefayrevenue, jizya and kharaj, goes to the public treasury according to the Shafi'i madhhab, whereas the Hanafi and Maliki madhhabs state that the entirefaygoes to the public treasury.[164]

In theory, jizya funds were distributed as salaries for officials, pensions to the army and charity.[165]Cahen states, "But under this pretext it was often paid into the Prince'skhass,"private" treasury. "[165]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.[36]

Sources disagree about expenditure of jizya funds on non-Muslims.Ann Lambtonstates that non-Muslims had no share in the benefits from the public treasury derived from jizya.[36]In contrast, according to several Muslim scholars, Islamic tradition records a number of episodes in which the second caliph, Umar, stipulated for needy and infirm dhimmis to be supported from theBayt al-Mal,which some authors hold to be representative of Islam.[108][110][111][113][166][167]Evidence of jizya benefitting non-residents and temporary residents of an Islamic state is found in the treaty that Khalid bin al-Walid concluded with the people of Al-Hirah of Iraq in which 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 byBayt al-Mal.[168][169][170][171][172][173][174]Hasan Shah states that non-Muslim women, children, the indigent and slaves are exempted from the payment of jizya, and they are also helped by stipends from the public treasury when necessary.[64]

At least in the early Islamic era of the Umayyads, jizya was levy that sufficiently onerous for non-Muslims and its had a sufficiently-significant revenue 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 the opportunity.[84]

Robert Hoyland mentions repeated complaints by fiscal agents of revenues diminishing as conquered people converting to Islam, 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.[84]

Patricia Seed describes the purpose of jizya as "a personal form of ritual humiliation directed at those defeated by a superior Islam" and quotes 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". She notes that the word translated as "subdued",ṣāghirūn,comes from the rootṣ-gh-r( "small", "little", "belittled" or "humbled" ).[175]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 rationalisation that was often found in societies in which the conquered paid tribute to conquerors.[176]

History

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Origins

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The history of the origins of the jizya is very complex for the following reasons:[177]

  • Abbasidauthors who systematized earlier historical writings in which the termjizyawas 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.[177]

William Montgomery Watttraces its origin to a pre-Islamic practice among the Arabian nomads in which a powerful tribe would agree to protect its weaker neighbors in exchange for a tribute that would be refunded if the protection proved ineffectual.[178]Robert Hoyland describes it as a poll tax originally paid by "the conquered people" to the mostly-Arab conquerors, but it later became a "religious tax, payable only by non-Muslims".[179]

Jews and Christians in some southern and eastern areas of theArabian Peninsulabegan to pay tribute, calledjizya,to the Islamic state during Muhammad's lifetime.[180]It was not originally the poll tax that it would become later but rather an annual percentage of produce and a fixed quantity of goods.[180]

During theTabuk campaignin 630, Muhammad sent letters to four towns in the northernHejazandPalestineto urge them to relinquish maintenance of a military force and rely on Muslims to ensure their security in return for payment of taxes.[181]Moshe Gilargues that the texts represent the paradigm of letters of security that would be issued by Muslim leaders during the subsequentearly conquests,including the use of the word jizya, which would later take on the meaning of poll tax.[181]

Jizya received divine sanction in 630, when the term was mentioned in a Quranic verse (9:29).[180]Max Bravmann argues that the Quranic usage of the wordjizyadevelops 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 if they grant the "reward" (jizya) to be expected for an act of pardon.[182]

In 632, jizya, in the form of a poll tax,was first mentioned in a document that was reportedly sent by Muhammad to Yemen.[180]W. Montgomery Wattargues that the document was tampered with by early Muslim historians to reflect a later practice, butNorman Stillmanholds it to be authentic.[180]

Emergence of classical taxation system

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Taxes levied on local populations in the wake ofearly Islamic conquestscould be of three types, based on whether they were levied on individuals, on the land, or as collective tribute.[177]During the first century of Islamic expansion, the wordsjizyaandkharajwere used in all these three senses, with context distinguishing between individual and land taxes ( "kharaj on the head," "jizya on land," and vice versa).[177][183]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."[184]Regional variations in taxation at first reflected the diversity of previous systems.[185]TheSasanian Empirehad a general tax on land and a poll tax having several rates based on wealth, with an exemption for aristocracy.[185]InIraq,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.[185]The aristocracy exemption was assumed by the new Arab-Muslim elite and shared by local aristocracy by means of conversion.[185][186]The nature ofByzantinetaxation remains partly unclear, but it appears to have involved taxes computed in proportion to agricultural production or number of working inhabitants in population centers.[185]InSyriaand upperMesopotamia,which largely surrendered under treaties, taxes were calculated in proportion to the number of inhabitants at a fixed rate (generally 1dinarper head).[185]They were levied as collective tribute in population centers which preserved their autonomy and as a personal tax on large abandoned estates, often paid bypeasantsin produce.[185]In post-conquestEgypt,most communities were taxed using a system which combined a land tax with a poll tax of 2 dinars per head.[185]Collection of both was delegated to the community on the condition that the burden be divided among its members in the most equitable manner.[185]In most ofIranand Central Asia local rulers paid a fixed tribute and maintained their autonomy in tax collection, using theSasaniandual tax system in regions likeKhorasan.[185]

Difficulties in tax collection soon appeared.[185]Egyptian Copts, who had been skilled in tax evasion since Roman times, were able to avoid paying the taxes by enteringmonasteries,which were initially exempt from taxation, or simply by leaving the district where they were registered.[185]This prompted imposition of taxes on monks and introduction of movement controls.[185]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.[185][187]Faced with a decline in agriculture and a treasury shortfall, the governor of Iraqal-Hajjajforced peasant converts to return to their lands and subjected them to the taxes again, effectively forbidding peasants to convert to Islam.[188]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.[188]

The situation where conversion to Islam was penalized in an Islamic state could not last, and the devoutUmayyadcaliphUmar IIhas been credited with changing the taxation system.[188]Modern historians doubt this account, although details of the transition to the system of taxation elaborated by Abbasid-era jurists are still unclear.[188]Umar II ordered governors to cease collection of taxes from Muslim converts,[189]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.[187]According toHoyland,taxation-related grievances of non-Arab Muslims contributed to the opposition movements which resulted in the Abbasid revolution.[190]In contrast, Dennett states that it is incorrect to postulate an economic interpretation of theAbbasid Revolution.The notion of an Iranian population staggering under a burden of taxation and ready to revolt at the first opportunity, as imagined byGerlof van Vloten,"will not bear the light of careful investigation", he continues.[191]

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.[188]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 payzakat,which was instituted as a compulsory tax on Muslims around 730.[188][192]The terminology became specialized during theAbbasid era,so thatkharajno longer meant anything more than land tax, while the term "jizya" was restricted to the poll-tax on dhimmis.[188]

India

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Indian EmperorAurangzeb,who re-introduced jizya

In India, Islamic rulers imposedjizyaon non-Muslims starting with the 11th century.[193]The taxation practice includedjizyaandkharajtaxes. These terms were sometimes used interchangeably to mean poll tax and collective tribute, or just calledkharaj-o-jizya.[194]

Jizya expanded withDelhi 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.[195]The Muslim court historianZiauddin Baranirecorded thatQaziMughisuddin 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.[196]

During the early 14th century reign ofMuhammad 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.[197][198]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.[197][199]In the late 14th century, mentions the memoir ofTughlaq dynasty's Sultan Firoz Shah Tughlaq, his predecessor taxed all Hindus but had exempted all HinduBrahminsfrom jizya; Firoz Shah extended it to also include the Brahmins at a reduced rate.[200][201]He also announced that any Hindus who converted to Islam would become exempt from taxes and jizya as well as receive gifts from him.[200][202]On those who chose to remain Hindus, he raised jizya tax rate.[200]

In Kashmir,Sikandar Butshikanlevied jizya on those who objected to the abolition ofhereditaryvarnas,allegedly at the behest of his neo-convert minister Suhabhatta.[203][204]Ahmad Shah(1411-1442), a ruler ofGujarat,introduced the Jizyah in 1414 and collected it with such strictness that many people converted to Islam to evade it.[205]

Jizya was later abolished by the thirdMughalemperorAkbar,in 1579.[206]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.[207][206][208][209]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.[210][208][211]The collectors were mandated to be Muslims.[206]In some areas revolts led to its periodic suspension such as the 1704 AD suspension of jizya inDeccan regionof India by Aurangzeb.[212]

Southern Italy

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After theNorman conquest of Sicily,taxes imposed on the Muslim minority were also called thejizya(locally spelledgisia).[213]This poll tax was a continuation of the jizya imposed on non-Muslims in theEmirate of SicilyandBaribyIslamic rulers of southern Italy,before the Norman conquest.[213]

Ottoman Empire

[edit]
A jizya document from 17th centuryOttoman Empire.

Jizya collected from Christian and Jewish communities was among the main sources of tax income of the Ottoman treasury.[27]In some regions, such as Lebanon and Egypt, jizya was payable collectively by the Christian or the Jewish community, and was referred to asmaqtu—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.[214][215][page needed]

The Ottoman state also collected Jizya from Muslim and non-Muslim groups they registered as Gypsy (Kıpti), such asRomain Western Anatolia and Balkans andAbdals,DomsandLomsinKastamonu,Çankırı-Tosya,Ankara,Malatya,Harput,Antep,andAleppono later than late 17th century. Abdals andTahtacısin 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[216]

Abolition

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InPersia,jizyawas paid by theZoroastrianminority until 1884, when it was removed by pressure on theQajargovernment from the Persian Zoroastrian Amelioration Fund.[217]

Thejizyawas eliminated inAlgeriaandTunisiain 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).[218]

The Ottoman Empire abolished thejizyain 1856. It was replaced with a new tax, which non-Muslims paid in lieu of military service. It was calledbaddal-askari(lit. 'military substitution'), a tax exempting Jews and Christians from military service. TheJews 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 duringWorld 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 thebaddal askariduring the war was a form of bribe that bought them at most a one-year deferment. "[219]

Recent times

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The jizya is no longer imposed by Muslim states.[32][165]Nevertheless, there have been reports of non-Muslims in areas controlled by the Pakistani Taliban and ISIS being forced to pay the jizya.[31][35]

In 2009, officials in thePeshawarregion of Pakistan claimed that members of theTalibanforced the payment ofjizyafrom Pakistan's minoritySikh communityafter occupying some of their homes and kidnapping a Sikh leader.[220]In 2014, theIslamic State of Iraq and the Levant(ISIL) announced that it intended to extract jizya from Christians in the city ofRaqqa,Syria, which it controlled.[citation needed]

In June, theInstitute for the Study of Warreported thatISILclaims to have collected thefay,i.e. jizya and kharaj.[221]

The late Islamic scholarAbul A'la Maududi,ofPakistan,said that Jizya should be re-imposed on non-Muslims in a Muslim nation.[81]Yusuf al-QaradawiofEgyptalso held that position in the mid-1980s;[222]however, he later reconsidered his legal opinion on this point, stating: "[n]owadays, aftermilitary conscriptionhas become compulsory for allcitizens—Muslims and non-Muslims—there is no longer room for any payment, whether by name of jizya or any other. "[223]According to Khaled Abou El Fadl, moderate Muslims generally reject thedhimma system,which encompasses jizya, as inappropriate for the age of nation-states anddemocracies.[33]

Assessment and historical context

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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,[224][225][226][227][228]and the majority of Islamic scholars, amongst whom areAl-NawawiandIbn Qudamah,have criticized humiliating aspects of its collection as contrary to Islamic principles.[108][149][229][230]Discriminatory regulations were utilized by many pre-modern polities.[231]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 theByzantine 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.[232]According toBernard 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".[233]

Ira Lapiduswrites 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.[234]Peasants, workers, and merchants paid taxes, while members of the old and new elites collected them.[234]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.[234]

Norman Stillmanwrites 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.[225]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.[225]

The influence of jizya on conversion has been a subject of scholarly debate.[235]Julius Wellhausen held that the poll tax amounted to so little that exemption from it did not constitute sufficient economic motive for conversion.[236]Similarly,Thomas Arnoldstates 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.[237]Other early 20th century scholars suggested that non-Muslims converted to Islamen massein order to escape the poll tax, but this theory has been challenged by more recent research.[235]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.[235]According toHalil 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.[235]

Mark R. Cohenwrites 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.[238]ThePact 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.[238]

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.[14]Niaz A. Shah states thatjizyais "partly symbolic and partly commutation for military service. As the amount is insignificant and exemptions are many, the symbolic nature predominates."[21]Muhammad Abdel-Haleemstates, "[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 throughzakāt,and theahl al-dhimmathroughjizya."[239]

In his essay, ethnographerShelomo Dov Goiteinhighlighted the limitation of studying the potential economic and other adverse social consequences of the jizya without any reference to non-Muslim sources:[240]

There is no subject of Islamic social history on which the present writer had to modify his views so radically while passing from literary to documentary sources, i.e., from the study of Muslim books to that of the records of the Cairo Geniza as the jizya...or the poll tax to be paid by non-Muslims. It was of course, evident that the tax represented a discrimination and was intended, according to the Koran's own words, to emphasize the inferior status of the non-believers. It seemed, however, that from the economic point of view, it did not constitute a heavy imposition, since it was on a sliding scale, approximately one, two, and four dinars, and thus adjusted to the financial capacity of the taxpayer. This impression proved to be entirely fallacious, for it did not take into consideration the immense extent of poverty and privation experienced by the masses, and in particular, their persistent lack of cash, which turned the "season of the tax" into one of horror, dread, and misery.

In 2016, Muslim scholars from more than 100 countries signed theMarrakesh 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.[1]

See also

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References

[edit]

Notes

[edit]
  1. ^In view of the general body of theFuquha,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.[85]

Citations

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  1. ^abcdAfsaruddin, Asma."jizyah, Islamic tax".Encyclopædia Britannica.Retrieved10 November2021.The rate of taxation and methods of collection varied greatly from province to province and were influenced by local pre-Islamic customs.
  2. ^abcdAbdel-Haleem, Muhammad(2010).Understanding the Qur'ān: Themes and Style.I. B. Tauris & Co Ltd.pp.70,79.ISBN978-1845117894.
  3. ^Sabet, Amr (2006),The American Journal of Islamic Social Sciences24:4, Oxford; pp. 99–100.
  4. ^abBowering, Gerhard; Crone, Patricia; Mirza, Mahan; et al., eds. (2013).The Princeton encyclopedia of Islamic political thought.Princeton, N.J.:Princeton University Press.p. 283.ISBN978-0691134840.Free adult males who were not afflicted by any physical or mental illness were required to pay thejizya.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.
  5. ^Bravmann 2009,pp. 199–201, 204–5, 207–12.
  6. ^Mohammad, Gharipour (2014).Sacred Precincts: The Religious Architecture of Non-Muslim Communities Across the Islamic World.BRILL.p. XV.ISBN978-9004280229.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.
  7. ^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)."
  8. ^Walker Arnold, Thomas(1913).Preaching of Islam: A History of the Propagation of the Muslim Faith.Constable & Robinson Ltd.p.59ff.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 ofjizyahas 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)
  9. ^abAnver M. Emon (26 July 2012).Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law.Oxford University Press. pp. 99–109.ISBN978-0199661633.
  10. ^abcWalker 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 otherdhimmīs 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.
  11. ^abcEsposito 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. "
  12. ^abcdefM. 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.ISBN978-0773473041.
  13. ^abcdWael, B. Hallaq(2009).Sharī'a: Theory, Practice and Transformations.Cambridge University Press.pp. 332–3.ISBN978-0-521-86147-2.
  14. ^abcdefgEllethy 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."
  15. ^abAlshech, Eli (2003). "Islamic Law, Practice, and Legal Doctrine: Exempting the Poor from theJizyaunder 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 fromjizyapayment.
  16. ^abRispler-Chaim, Vardit (2007).Disability in Islamic law.Dordrecht, the Netherlands: Springer. p.44.ISBN978-1402050527.The Hanbali position is that boys, women, the mentally insane, the zamin, and the blind are exempt from payingjizya.This view is supposedly shared by the Hanafis, Shafi'is, and Malikis.
  17. ^Majid Khadduri,War and Peace in the Law of Islam,pp. 192–3.
  18. ^abMapel, D.R. and Nardin, T., eds. (1999),International Society: Diverse Ethical Perspectives,p. 231.Princeton University Press.ISBN9780691049724.Quote: "Jizyawas 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, thejizyawas not levied. "
  19. ^abʿImāra, Muhammad(2003).al-Islām wa'l-ʿaqalliyyātالاسلام والأقليات(in Arabic).Cairo:Maktabat al-Shurūk al-Dawliyya. p. 15.Translation: "And since thejizyais 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 [thejizya] 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 thejizyaand shared equally the battle gains with the Muslims... "(online)
  20. ^abcWalker 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)
  21. ^abcShah 2008,pp. 19–20.
  22. ^Ghazi, Kalin & Kamali 2013,pp. 240–1.
  23. ^abcdAbdel-Haleem 2012,pp. 75–6, 77.
  24. ^Morony, Michael (2005).Iraq after the Muslim conquest.NJ, USA: Gorgias Press. pp. 109, 99–134.ISBN978-1-59333-315-7.
  25. ^Levy, Reuben (2002).The social structure of Islam.London New York: Routledge. pp. 310–1.ISBN978-0-415-20910-6."There is little doubt that in originkharajandjizyawere interchangeable terms. In the Arabic papyri of the first century AH onlyjizyais mentioned, with the general meaning of tribute, while later the poll tax could be calledkharaj 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 byAbu Hanifa,"No individual can be liable at the same time to the zakat and to kharaj." [emphasis added]
  26. ^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= "Althoughkharajandjizyahwere sometimes treated as synonyms, a number of fourteenth century theological tracts treat them as separate "
  27. ^abPeri, 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.ISBN978-90-04-07785-0.thejizyawas one of the main sources of revenue accruing to the Ottoman state treasury as a whole.
  28. ^Abu Khalil, Shawkiy(2006).al-Islām fī Qafaṣ al-ʾIttihāmالإسلام في قفص الإتهام(in Arabic). Dār al-Fikr. p. 149.ISBN978-1575470047.Quote: (Translation) "The amount ofjizyais 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 thejizya."(online)
  29. ^abGhazi, Kalin & Kamali 2013,pp. 82–3.
  30. ^abAbu Zahra, Muhammad.Zahrat al-Tafāsīrزهرة التفاسير(in Arabic).Cairo:Dār al-Fikr al-ʿArabī. pp. 3277–8.Quote: (Translation) "And the money that the dhimmī gives is calledjizya:[...] 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 thedhimmīcommunity (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, thejizyathat is demanded from thedhimmīcorresponds 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 paysadaqatandnudhur,and he is duty-bound to givekaffarat,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 ofjizya,if it isn't more. And as we have mentioned earlier, the state spends on the poor amongst thedhimmīcommunity, 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 thedhimmacommunity.' 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." "
  31. ^abcLong, Matthew (2012)."Jizya".The Princeton Encyclopedia of Islamic Political Thought.Princeton University Press.pp. 283–4.ISBN978-0691134840.
  32. ^abWerner Ende; Udo Steinbach (2010).Islam in the World Today.Cornell University Press.p. 738.ISBN978-0801445712.
  33. ^abAbou El Fadl, Khaled(2007).The Great Theft: Wrestling Islam from the Extremists.HarperOne.p. 214.ISBN978-0061189036.
  34. ^Coming home to OrakzaiABDUL SAMI PARACHA, Dawn (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."
  35. ^abAryn 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.
  36. ^abcdeLambton 2013,pp. 204–205.
  37. ^Moreen, Vera B."JEZYA".Encyclopedia Iranica.Encyclopædia Iranica Foundation, Brill Academic Publishers.Retrieved7 April2024.
  38. ^abcdShah 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-Qurʾānمفردات ألفاظ القرآن(in Arabic).Damascus:Dār al-Qalam. p. 195.4th edition. 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-Qurʾānمفردات ألفاظ القرآن(in Arabic).Damascus:Dār al-Qalam. p. 195.4th edition. (online)
  42. ^abAbdel-Haleem 2012,pp. 75–6.
  43. ^Ramadan al-Buti, Muhammad Saʿid(2005).Al-Jihād fī'l-Islāmالجهاد في الإسلام(in Arabic).Damascus:Dār al-Fikr. pp. 135–136.Translation: "It is true that the Christians of Taghlab didn not feel at ease with the words (jizya) and (compensation) and they proposed to the leader of the believers ʿUmar ibn al-Khaṭṭāb, thatjizyabe 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 do not 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 thejizyahor 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 thejizyahthey paid a doubleSadaqahor 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-Islāmالجهاد في الإسلام(in Arabic).Damascus:Dār al-Fikr. p. 136.Translation: "Based on this (event), the majority of jurists from Shāfiʿīs, Ḥanafīs and Ḥanbalīs state that it is lawful to take thejizyafromahl al-dhimmahby name of doublezakat.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 fromjizyatozakātorṣadaqahthat 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. (Citingal-Nihaya fi Gharib al-HadithbyMajd al-Din ibn Athir(d. 1210), and others.)
  47. ^abMuhibbu-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.ISSN1360-2004.S2CID143224068.
  48. ^Morony, Michael(2005).Iraq after the Muslim conquest.NJ, USA: Gorgias Press. p. 110.ISBN978-1-59333-315-7.
  49. ^Jane Dammen McAuliffe(2011),Encyclopedia of the Qur'an,Brill Academic, Vol. 4, pp. 152–153; Vol. 5, pp. 192–3,ISBN978-9-00412-35-64.
  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. ^Lane, Edward William (1865).Arabic-English Lexicon.p. 422.
  55. ^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."
  56. ^Davutoglu, Ahmet (1993).Alternative paradigms: the impact of Islamic and Western Weltanschauungs on political theory.Lanham, MD: University Press of America. p. 160.ISBN978-0819190475.
  57. ^Abou El Fadl, Khaled(2007).The Great Theft: Wrestling Islam from the Extremists.HarperOne.p. 204.ISBN978-0061189036.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.
  58. ^A.C. Brown, Jonathan(2011).Muhammad: A Very Short Introduction.Oxford:Oxford University Press.p.48.ISBN9780199559282.
  59. ^
    • Ramadan al-Buti, Muhammad Saʿid(2005).Al-Jihād fī'l-Islāmالجهاد في الإسلام(in Arabic).Damascus:Dār al-Fikr. p. 134.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-Sunnahفقه السنة(in Arabic). Vol. 3.Cairo:al-Fatḥ lil-ʾIʿlām al-ʿArabī. p. 49.Translation: "Its justification: And Islām obligatedjizyaondhimmīsin parallel with the obligation ofzakāton Muslims, so that the two groups be equal, since Muslims anddhimmīsare 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 thedhimmīs,and guaranteeing their safety in the Muslim country they live in. "(online)
    • Riḍā, Rashīd.Majallat al-Manārمجلة المنار(in Arabic). Vol. 12.Cairo.p. 433. n°6.Translation: "The Companions were in their openings (futūḥāt) making thejizyathat they put on theahl al-dhimmahin 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)
  60. ^abcdKalin 2013,pp. 240–1.
  61. ^Nuʻmānī, Shiblī(2004).Umar: Makers of Islamic Civilization.London:I.B. Tauris.p. 101.ISBN9781850436706.
  62. ^
    • Riḍā, Rashīd.Majallat al-Manārمجلة المنار(in Arabic). Vol. 12.Cairo.p. 433. n°6.Translation: "The Companions were in their openings (futūḥāt) making thejizyathat they put on theahl al-dhimmahin 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 muqārinahآثار الحرب في الفقه الإسلامي: دراسة مقارنة(in Arabic).Damascus:Dār al-Fikr. pp. 691–692.ISBN978-1-57547-453-3.Translation: "Thejizyais 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-ʾIslāmiyyahفي 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.
  63. ^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 byKhālid with some towns in the neighborhood of Hīrah, he writes: "If we protect you, thenjizyahis due to us; but if we do not, then it is not due. "(online)
  64. ^abShah, 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.ISSN0266-6952.
  65. ^Zaydān, ʿAbd al-Karīm (1982).ʾAḥkām al-Dhimmiyīn wa-l-mustaʾminīn fī dār al-Islāmأحكام 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, thenjizyais due to us; but if we do not, then it is not due...» "(online)
  66. ^Nuʿmānī, Shiblī(Entry Author),Rashīd Riḍā(ed.).Majallat al-Manārمجلة المنار[Al-Manar] (in Arabic). Vol. 1.Cairo.p. 873. n°45.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 inSafar."(online)
  67. ^al-Qaraḍāwī, Yūsuf(1992).Ghayr al-Muslimīn fī al-Mujtamaʿ al-ʾIslāmīغير المسلمين في المجتمع الاسلامي(in Arabic).Cairo:Maktabat Wahbah. p. 62.ISBN978-977-7236-55-3.3rd Ed. Translation: "Khālid wrote in the treaty that he concluded with some towns in the neighborhood of al-Ḥīrah that: «If we protect you, thenjizyais due to us; but if we do not, then it is not due». "(online)
  68. ^Shaltut 2013,pp. 428–9.
  69. ^abcWalker Arnold, Thomas(1913).Preaching of Islam: A History of the Propagation of the Muslim Faith.Constable & Robinson Ltd.pp.60–1.The EmperorHeracliushad 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 thejizyahthat 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)
  70. ^abal-Zuḥaylī, Wahbah(1998).ʾĀthar al-ḥarb fī l-fiqh al-Islāmī: dirāsah muqārinahآثار الحرب في الفقه الإسلامي: دراسة مقارنة(in Arabic).Damascus:Dār al-Fikr. pp. 692–693.ISBN978-1-57547-453-3.Translation: "Abu ʿUbaydah b. al-Jarāḥ, when he was informed that theRomanswere 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)
  71. ^Zaydān, ʿAbd al-Karīm (1982).ʾAḥkām al-Dhimmiyīn wa-l-mustaʾminīn fī dār al-Islāmأحكام الذميين والمستأمنين في دار الإسلام(in Arabic).Damascus:Dār al-Quds – Muʾassassat al-Risālah. p. 155.Translation: "Abu ʿUbaydah b. al-Jarāḥ, when he was informed by his governors that theRomanswere readying for battle against him, he then wrote to them that they must return thejizyathat 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)
  72. ^al-Zuḥaylī, Wahbah(1998).ʾĀthar al-ḥarb fī l-fiqh al-Islāmī: dirāsah muqārinahآثار الحرب في الفقه الإسلامي: دراسة مقارنة(in Arabic).Damascus:Dār al-Fikr. p. 693.ISBN978-1-57547-453-3.Translation: "And this (historical precedents for thejizyabeing returned when the state couldn't protectahl al-dhimma) has an equivalent [during the times] of theCrusades,as suchṢalāḥ ad-Dīn al-Ayyūbīreturned thejizyato the Christians ofSyriawhen he was compelled to retract from it. "(online)
  73. ^al-Qaraḍāwī, Yūsuf(1992).Ghayr al-Muslimīn fī al-Mujtamaʿ al-ʾIslāmīغير المسلمين في المجتمع الاسلامي(in Arabic).Cairo:Maktabat Wahbah. p. 63.ISBN978-977-7236-55-3.3rd Ed. 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] thejizya,and should receive their proper share of the booty. "(online)
  74. ^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)
  75. ^abShah, 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.ISSN0266-6952.
  76. ^al-Zuḥaylī, Wahbah(1998).ʾĀthar al-ḥarb fī l-fiqh al-Islāmī: dirāsah muqārinahآثار الحرب في الفقه الإسلامي: دراسة مقارنة(in Arabic).Damascus:Dār al-Fikr. p. 692.ISBN978-1-57547-453-3.Translation: "TheShafi'ischolaral-Khaṭīb ash-Shirbīniystated: «Military service is not obligatory for non-Muslims -- especially for adhimmisince he gives thejizyaso that we protect and defend him, and not so that he defends us.» "(online)
  77. ^Al-Awa, Mohammad Salim(2005-07-13)."Nidhām ʾAhl al-Dhimma, Ruʾyah Islāmiyah Muʿāssira"نظام أهل الذمة: رؤية إسلامية معاصرة(in Arabic).Archivedfrom the original on 2009-06-04.Retrieved2019-10-13.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.
  78. ^Mun'im Sirry (2014),Scriptural Polemics: The Qur'an and Other Religions,p. 178.Oxford University Press.ISBN978-0199359363.
  79. ^Shaltut 2013,pp. 14–5.
  80. ^abVincent J. Cornell (2009)."Jizyah".In John L. Esposito (ed.).The Oxford Encyclopedia of the Islamic World.Oxford: Oxford University Press.ISBN9780195305135.
  81. ^abJohn EspositoandEmad El-Din Shahin(2013).The Oxford handbook of Islam and politics.Oxford, UK:Oxford University Press.pp. 149–50.ISBN978-0-19-539589-1.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;...
  82. ^abAnver M. Emon (26 July 2012).Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law.Oxford University Press. p. 105.ISBN978-0199661633.As al-Mwardi indicated, the jizya served a complex set of purposes: (1) the jizya permitted the inclusion of non-Muslims in the polity and the retention of their faith; (2) the jizya reminded the dhimmis of their humiliated status as a conquered people (adhillä' maqhürin) and their subjection to Islamic law; and (3) the jizya offered non-Muslims an incentive to convert to Islam.
  83. ^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.
  84. ^abcHoyland,In God's Path,2015:p.199
  85. ^abAhmed 1975.
  86. ^Etudes d'Orientalisme dédiées à la mémoire de Lévi-Provençal, Vol. II.1962. p. 457.
  87. ^The Myth of the Andalusian Paradise.Open Road Media. 9 February 2016. p. 209.ISBN9781504034692.
  88. ^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.
  89. ^See alternative translation viaAbdel-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. "
  90. ^Ramadan al-Buti, Muhammad Saʿid(2005).Al-Jihād fī'l-Islāmالجهاد في الإسلام(in Arabic).Damascus:Dār al-Fikr. pp. 101–102.(Translation): "The verse commandsqitāl(قتال) and notqatl(قتل), and it is known that there is a big distinction between these two words... For you sayqataltu(قتلت) so-and-so if you initiated the fighting, while you sayqātaltu(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)
  91. ^abcdefghiAbdel-Haleem 2012,pp. 72–4.
  92. ^Ahmad b. Muṣṭafā, Al-Maraghī.Tafsīr Al-Maraghīتفسير 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."
  93. ^Al-Bayḍawī,Tafsīr (2 vols. Beirut: Dār al-Kutub al-ʿIlmiyya, 1988), vol. 1, p. 401.
  94. ^Fayrūzabādī,al-Qamūs al-muḥīṭ,reprint (4 vols. Beirut: Dār al-Jīl, 1952), vol. 4, p. 227.
  95. ^Al-Muʿjam al-wasīṭ(Cairo: Majmaʿ al-Lugha al-ʿArabiyya, 1972); al-Rāzī,al-Tafsīr al-kabīr,vol. 8, p. 29.
  96. ^Seyyed Hossein Nasr(2015),The Study Quran: A New Translation and Commentary,ISBN0061125865.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)."
  97. ^M.J. Kister "'An yadin (Qur'an IX/29): An Attempt at Interpretation," Arabica 11 (1964):272–278.
  98. ^Cohen 2008,p. 56.
  99. ^Ahmed 1975,p. 293.
  100. ^"Sahih al-Bukhari 2076 – Sales and Trade – Sunnah – Sayings and Teachings of Prophet Muhammad (صلى الله عليه و سلم)".sunnah.
  101. ^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 thatal-sigharmeans that Islamic rulings are enforced on them. "
  102. ^al-Zuḥaylī, Wahbah(1998).ʾĀthar al-ḥarb fī l-fiqh al-Islāmī: dirāsah muqārinahآثار الحرب في الفقه الإسلامي: دراسة مقارنة(in Arabic).Damascus:Dār al-Fikr. p. 705.ISBN978-1-57547-453-3.Quote: «لا أن يضربوا و لا يؤذوا قال الشافعي: [...] و الصغار: أن يجري عليهم الحكم» Translation: "al-Shafi'i said: [...] Andaṣ-Ṣaghārmeans that rulings are enforced on them, it does not mean that they should be beaten or be harmed. "(online)
  103. ^al-Qaraḍāwī, Yūsuf(2009).Fiqh al-Jihād: Dirāsah Muqāranah li-Aḥkāmih wa Falsafatih fī Ḍawʾ al-Qurʾān wa al-Sunnahفقه الجهاد: دراسة مقارنة لأحكامه وفلسفته في ضوء القرآن والسنة(in Arabic). Vol. 2 (3 ed.).Cairo:Maktabat Wahbah. p. 831.ISBN978-977-225-246-6.Quote: «وليس معنى:Translation: "And it is not the case that the meaning of:"... while they areṣāghirūn"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-Ṣaghārmeans that Islamic rulings are enforced on them...) "(online)
  104. ^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."
  105. ^Lambton 2013,p. 205. "These rules, formulated by the jurists in the early 'Abbasid period, appear to have remained generally valid thereafter."
  106. ^abStillman 1979,pp. 159–161.
  107. ^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."
  108. ^abcdeDagli 2013,pp. 82–3.
  109. ^Ṭaʿīmah, Ṣābir (2008).al-Islām wa'l-ʿĀkhar — Dirāsah ʿan Waḍʿiyat Ghayr al-Muslimīn fī Mujtamaʿāt al-Muslimīnالإسلام 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 thejizyaand 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-tax is only for the poor and the needy, for those employed to administer it, for those whose hearts are attracted ˹to the faith˺, for ˹freeing˺ slaves, for those in debt, for Allah's cause, and for ˹needy˺ travellers. ˹This is˺ an obligation from Allah. And Allah is All-Knowing, All-Wise."[Quran9:60]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 thejizya."(online)
  110. ^abAbdel-Haleem 2012,p. 80.
  111. ^abTahir-ul-Qadri, Muhammad(2011).Fatwa on Terrorism and Suicide Bombings.London:Minhaj-ul-Quran.pp. 150–2.ISBN978-0-9551888-9-3.
  112. ^al-Zuḥaylī, Wahbah(1998).ʾĀthar al-ḥarb fī l-fiqh al-Islāmī: dirāsah muqārinahآثار الحرب في الفقه الإسلامي: دراسة مقارنة(in Arabic).Damascus:Dār al-Fikr. p. 700.ISBN978-1-57547-453-3.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)
  113. ^abIḥsān, Al-Hindī (1993).Aḥkām al-Ḥarb wa al-Salām fī Dawlat al-Islāmأحكام الحرب والسلام في دولة الإسلام(in Arabic).Damascus:Dār al-Numayr. p. 15.
  114. ^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."
  115. ^abAl-Nawawī,Minhaj al-Talibin,3:277.
  116. ^abAl-Nawawī(Translated by E.C. Howard) (2005).Minhaj et talibin: a manual of Muhammadan law.Adam Publishers. pp. 337–8.ISBN978-81-7435-249-1.
  117. ^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."
  118. ^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 thefour imamsand their followers. Ibn Mundhir said, 'I do not know anyone to have differed with them.'Abu Muhammad Ibn Qudamasaid in 'al-Mughni', 'We do not know of any difference of opinion among the learned on this issue.' "
  119. ^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."
  120. ^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... thedhahirfrom the writings of Ahmad [ibn Hanbal] is that there is no jizya [on them]. "
  121. ^Seed, Patricia.Ceremonies of Possession in Europe's Conquest of the New World, 1492–1640,Cambridge University Press,Oct 27, 1995, pp. 79–80.
  122. ^Al-Yaqoubi, Muhammad(2015).Refuting ISIS: A Rebuttal Of Its Religious And Ideological Foundations.Sacred Knowledge. pp. 54–5.ISBN978-1908224125.
  123. ^Markovits, C. (Ed.). (2002).A History of Modern India: 1480–1950.Anthem Press; pages 28–39, 89–127
  124. ^Jackson, Peter (2003).The Delhi Sultanate: a political and military history.Cambridge:Cambridge University Press.pp. 282–9.ISBN978-0-521-54329-3.
  125. ^Eraly, Abraham (2000).Emperors of the peacock throne: the saga of the great Mughals.New York:Penguin Books.pp.401–6.ISBN978-0-14-100143-2.
  126. ^Kishori Saran Lal."Political conditions of the Hindus under the Khaljis".Proceedings of the Indian History Congress.9:232.
  127. ^Gerber, Jane (1995).Sephardic studies in the university.London: Fairleigh Dickinson University Press. pp. 54–74.ISBN978-0-8386-3542-1.
  128. ^Daniel Dennett (1950).Conversion and the Poll Tax in Early Islam.Harvard University Press.pp. 107–10, 116–28.ISBN978-0-674-33158-7.
  129. ^Goiten, S.D.,"Evidence on the MuslimPoll Taxfrom 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 theShāfi'īSchool of Law, which prevailed inEgypt,also in theory. "
  130. ^Stilt, Kristen (12 January 2012)."Case5.4".Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt.OUP Oxford.ISBN9780191629822.Retrieved19 January2016.
  131. ^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."
  132. ^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)
  133. ^Tritton 2008,p. 204.
  134. ^abHamidullah, Muhammad(1970).Introduction to Islam.International Islamic Federation of Student Organizations. p. 188.as al-Ghazali has said...In connection with the assassination of a Muslim ambassador in the Byzantine territory, the Prophet proposed three alternatives: "Embrace Islam—if not, pay the jizyah tribute...if not, do not interfere between thy subjects and Islam if these former desire to embrace Islam. if not, pay the jizyah (cf. Abu 'Ubald), To establish liberty of conscience in the world was the aim and object of the struggle of the Prophet Muhammad and who may have a greater authority in Islam that he? This is the" holy war "of the Muslims, the one which is undertaken not for the purpose of exploitation, but in a spirit of sacrifice, its sole object being to make the Word of God prevail. All else is illegalThere is absolutely no question of waging war for compelling people to embrace Islam; that would be an unholy war.
  135. ^Hunter, Malik and Senturk, p. 77
  136. ^abStillman 1979,pp. 159–160.
  137. ^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.ISSN0266-6952.Instead of cash, jizya may be paid in kind.
  138. ^abal-Qaraḍāwī, Yūsuf(1992).Ghayr al-Muslimīn fī al-Mujtamaʿ al-ʾIslāmīغير المسلمين في المجتمع الاسلامي(in Arabic).Cairo:Maktabat Wahbah. p. 39.ISBN978-977-7236-55-3.3rd 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] thejizyaby means of dead [animals], pigs or wine. "(online)
  139. ^abWalker 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)
  140. ^The Spread of Islam Throughout the World,edited by Idris El Hareir, Ravane Mbaye, p. 200.
  141. ^Mufti Muhammad Shafi,Ma'ārifu'l-Qur'ān4,p. 364.
  142. ^Al-Nawawī(Translated by E.C. Howard) (2005). Minhaj et talibin: a manual of Muhammadan law. Adam Publishers. pp. 339–340.ISBN978-81-7435-249-1.
  143. ^Ahmet Davutoğlu (1994),Alternative paradigms: the impact of Islamic and Western Weltanschauungs on political theory,p. 160. University Press of America.
  144. ^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. "
  145. ^Ibn Khaldun,translation: Franz Rosenthal, N. J. Dawood (1969),The Muqaddimah: an introduction to history; in three volumes1,p. 230.Princeton University Press.
  146. ^Ahmad ibn Naqib al-Misri,Nuh Ha Mim Keller(1368)."Reliance of the Traveller"(PDF).Amana Publications.p. 608.Retrieved14 May2020.
  147. ^Ahmad ibn Naqib al-Misri,Nuh Ha Mim Keller(1368)."A Classic Manual of Islamic Scared Law"(PDF).Shafiifiqh.Retrieved14 May2020.
  148. ^Cohen 2008,pp. 56, 64, 69.
  149. ^abAl-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 KalinandMohammad Hashim Kamali(Editors) (2013),War and Peace in Islam: The Uses and Abuses of JihadArchived2017-07-09 at theWayback Machine,pp. 82–3. The Islamic Texts Society Cambridge.ISBN978-1-903682-83-8.)
  150. ^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 bookRawḍat 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 thejizya.» And he repeated this warning and this negation on those innovators, in his famous bookal-Minhāj."(online)
  151. ^Ramadan al-Buti, Muhammad Sa'id(2005).Al-Jihād fī'l-Islām.Damascus:Dār al-Fikr. p. 133.Translation: "And Ibn Qudāmah mentioned in hisMughni(encyclopedic book onfiqh) 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 therightly-guided caliphswas contrary to that, and that they encouraged thatjizyabe collected with gentleness and kindness. "(online)
  152. ^Ibn Qudamah,Al-Mughni,4:250.
  153. ^Ennaji, Mohammed (2013).Slavery, the state, and Islam.Cambridge University Press.pp. 60–4.ISBN978-0521119627.
  154. ^Aghnides, Nicolas (2005).Islamic theories of finance: with an introduction to Islamic law and a bibliography.Gorgias Press. pp. 398–408.ISBN978-1-59333-311-9.
  155. ^Tsadik, Daniel (2007).Between foreigners and Shi'is: nineteenth-century Iran and its Jewish minority.Stanford, USA:Stanford University Press.pp. 25–30.ISBN978-0-8047-5458-3.
  156. ^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."
  157. ^Humphrey Fisher (2001),Slavery in the History of Muslim Black Africa.NYU Press. p. 47.
  158. ^Lewis, Bernard (1992).Race and Slavery in the Middle East: An Historical Enquiry.Oxford University Press.pp.7.ISBN978-0195053265.[...] 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.
  159. ^Mark R. Cohen (2005), Poverty and Charity in the Jewish Community of Medieval Egypt,Princeton University Press,ISBN978-0691092720,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 astarsim"
  160. ^I. P. Petrushevsky (1995), Islam in Iran, SUNY Press,ISBN978-0-88706-070-0,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.(...)"
  161. ^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
  162. ^Çizakça, Murat (2011).Islamic Capitalism and Finance: Origins, Evolution and the Future.p. 20.
  163. ^Weiss, Holger.Social Welfare in Muslim Societies in Africa.p. 18.
  164. ^Holger Weiss,Social Welfare in Muslim Societies in Africa,p. 17.
  165. ^abcCahen,p. 562.
  166. ^Kamaruddin Sharif; Wang Yong Bao (2013-08-05). Iqbal, Zamir; Mirakhor, Abbas (eds.).Economic Development and Islamic Finance.World Bank Publications. p. 239.ISBN978-0-8213-9953-8.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.
  167. ^'Umar bin 'Abd al-'Aziz Qurchi,Samahat al-Islam.pp. 278–9.Maktabat al-'Adib.
  168. ^Kamaruddin Sharif; Wang Yong Bao. Iqbal, Zamir; Mirakhor, Abbas (eds.).Economic Development and Islamic Finance.p. 239.
  169. ^Nuʻmānī, Shiblī(2004).Umar: Makers of Islamic Civilization.London:I.B. Tauris.p. 131.ISBN9781850436706.
  170. ^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 thejizyaand he and his family will be supplied with sustenance by theBayt al-Mal(public treasury), and this, as long as he's staying in the abode of Islam (dar al-Islam). "
  171. ^al-Zuḥaylī, Wahbah(1998).ʾĀthar al-ḥarb fī l-fiqh al-Islāmī: dirāsah muqārinahآثار الحرب في الفقه الإسلامي: دراسة مقارنة(in Arabic).Damascus:Dār al-Fikr. p. 700.ISBN978-1-57547-453-3.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 thejizyaand he and his family will be supplied with sustenance by theBayt al-Mal(public treasury). "(online)
  172. ^Abu Yusuf.Kitāb al-Kharājكتاب 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 thejizyaand he and his family will be supplied with sustenance by theBayt al-Mal(public treasury). "
  173. ^Iḥsān, Al-Hindī (1993).Aḥkām al-Ḥarb wa al-Salām fī Dawlat al-Islāmأحكام الحرب والسلام في دولة الإسلام(in Arabic).Damascus:Dār al-Numayr. p. 15.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 itsfath:《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 thejizyaand he and his family will be supplied with sustenance by theBayt al-Mal(public treasury).》 "
  174. ^al-Qaraḍāwī, Yūsuf(1992).Ghayr al-Muslimīn fī al-Mujtamaʿ al-ʾIslāmīغير المسلمين في المجتمع الاسلامي(in Arabic).Cairo:Maktabat Wahbah. pp. 16–7.ISBN978-977-7236-55-3.3rd Ed. (online);al-Qaraḍāwī, Yūsuf(2009).Fiqh al-Jihād: Dirāsah Muqāranah li-Aḥkāmih wa Falsafatih fī Ḍawʾ al-Qurʾān wa al-Sunnahفقه الجهاد: دراسة مقارنة لأحكامه وفلسفته في ضوء القرآن والسنة(in Arabic). Vol. 2.Cairo:Maktabat Wahbah. p. 1005.ISBN978-977-225-246-6.3rd Ed. 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)
  175. ^Seed, Patricia (1995).Ceremonies of Possession in Europe's Conquest of the New World, 1492–1640.Cambridge University Press. p. 79.ISBN978-0-521-49757-2.Retrieved21 February2020.
  176. ^Seed, Patricia (1995).Ceremonies of Possession in Europe's Conquest of the New World, 1492–1640.Cambridge University Press. p. 82.ISBN978-0-521-49757-2.Retrieved21 February2020.Payment of tribute was often rationalized, as jizya had been, as a contribution by indigenous peoples to their military defense.
  177. ^abcdCahen,p. 559.
  178. ^William Montgomery Watt(1980), pp. 49–50.
  179. ^Hoyland,In God's Path,2015:p.198
  180. ^abcdeStillman 1979,pp. 17–18.
  181. ^abGil, Moshe(1997).A History of Palestine: 634–1099.Cambridge University Press.pp.28–30.
  182. ^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)."
  183. ^Anver M. Emon,Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law,p. 98, note 3.Oxford University Press,ISBN978-0199661633.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).
  184. ^Dennett 1950,p. 11.
  185. ^abcdefghijklmnCahen,p. 560.
  186. ^Hoyland 2014,p. 99.
  187. ^abHoyland 2014,p. 199.
  188. ^abcdefgCahen,p. 561.
  189. ^Dennett 1950,p. 103. "ʿUmar II, however ordered all converts to be exempt from the poll tax. They paid their land tax as always."
  190. ^Hoyland 2014,pp. 201–202.
  191. ^Dennett 1950,p. 113.
  192. ^Hoyland 2014,p. 200.
  193. ^Jackson, Peter (2003).The Delhi Sultanate: A Political and Military History.Cambridge University Press.pp. 284–6.ISBN978-0521543293.
  194. ^Irfan Habib, Economic History of Medieval India, 1200–1500, Vol VIII, part 1, pp. 78–80.ISBN978-81-317-2791-1.
  195. ^Fouzia Ahmed (2009), The Delhi Sultanate: A Slave Society or A Society with Slaves?, Pakistan Journal of History and Culture, 30(1): 8–9
  196. ^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 thezimmiis 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 thejizya(poll tax) on Hindus. Doctors ofother schoolsallow no other alternative but Death or Islam.{{cite book}}:CS1 maint: multiple names: authors list (link)
  197. ^abVincent A Smith,The Oxford History of India: From the Earliest Times to the End of 1911atGoogle Books,Chapter 2, pp 236–42,Oxford University Press
  198. ^William Hunter (1903),A Brief History of the Indian Peoples,p. 124, atGoogle Books,23rd Edition, pp. 124–8
  199. ^Muḥammad ibn TughluqEncyclopedia Britannica (2009)
  200. ^abcVincent A Smith,The Oxford History of India: From the Earliest Times to the End of 1911atGoogle Books,Chapter 2, pp. 249–51,Oxford University Press.
  201. ^Futuhat-i Firoz ShahiAutobiography of Firoz Shah Tughlaq, Translated y Elliot and Dawson, Volume 3 – The History of India, Cornell University, pp 374–83
  202. ^Annemarie Schimmel(1997).Islam in the Indian Subcontinent.Brill Academic. pp. 20–23.ISBN978-9004061170.
  203. ^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.ISBN978-3-86977-088-8
  204. ^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.ISBN978-3-86977-199-1.
  205. ^Satish C. Misra,The Rise of Muslim Power in Gujarat(Bombay, 1963), p.175.
  206. ^abcTruschke, 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.ISBN978-1-5036-0259-5.S2CID243691670.
  207. ^Lal, Vinay."Aurangzeb, Akbar, and the Communalization of History".Manas.
  208. ^abLal, Vinay."Aurangzeb's Fatwa on Jizya".MANAS.Retrieved2021-02-05.
  209. ^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.ISSN0022-4995.JSTOR3596130.
  210. ^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.]
  211. ^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.ISBN978-1-5036-0259-5.S2CID242351847.
  212. ^Markovits, C. (Ed.). (2002).A History of Modern India: 1480–1950,Anthem Press. pp. 109–12.
  213. ^abShlomo Simonsohn, Between Scylla and Charybdis: The Jews in Sicily, Brill,ISBN978-9004192454,pp 24, 163
  214. ^Stefan Winter (2012), The Shiites of Lebanon under Ottoman Rule, 1516–1788,Cambridge University Press,ISBN978-1107411432,p. 64.
  215. ^Encyclopaedia of Islam, 2nd Edition. Edited by: P. Bearman et al (1960),ISBN9789004161214,Jizya
  216. ^Egemen Yılgür|2023|the 1858 Tax Reform and the Other Nomads in Ottoman Asia |url=https:// tandfonline /doi/full/10.1080/00263206.2023.2185882|journal=Middle Eastern Studies|pages=1–20 |doi=https://doi.org/10.1080/00263206.2023.2185882
  217. ^"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]
  218. ^"Though in Tunisia and Algeria thejizya/kharajpractice was eliminated during the 19th century,Moroccan Jewrystill 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.
  219. ^Mordechai Zaken,Jewish Subjects and their Tribal Chieftains in Kurdistan: A Study in Survival,Brill, 2007, pp. 280–284–71.
  220. ^"Sikhs pay Rs 20 million as 'tax' to Taliban".The Tribune.16 April 2009.Retrieved30 October2015.
  221. ^Caris, Charlie."The Islamic State Announces Caliphate".Institute for the Study of War.Retrieved1 July2014.
  222. ^Scott, Rachel (2010).The challenge of political Islam non-Muslims and the Egyptian state.Stanford, Calif:Stanford University Press.p.101.ISBN978-0-8047-6906-8.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.
  223. ^al-Qaraḍāwī, Yūsuf(2007).al-Dīn wa-al-siyāsah: taʼṣīl wa-radd shubuhātالدين 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 ofjizya,or any other. "(online)
  224. ^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."
  225. ^abcStillman 1979,p. 28.
  226. ^Malik, Jamal (2008).Islam in South Asia a short history.Leiden, Netherlands: Brill. p. 69.ISBN978-90-04-16859-6.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, thatjizyawas levied on non-Muslims as a discriminatory tax, but was relaxed here and there.
  227. ^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 tojizyahwas 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 ofjizyah,and in retaliation resorted on a number of occasions tohartaland public demonstrations. "
  228. ^Markovits, Claude (2004).A history of modern India, 1480–1950.London: Anthem. p. 30.ISBN978-1-84331-152-2.thejizya[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 termsjizyaandkharajare 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.
  229. ^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
  230. ^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 thejizya,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. "
  231. ^Emon, Anver (2012).Religious pluralism and Islamic law.Oxford, United Kingdom: Oxford University Press. p. 98.ISBN978-0-19-966163-3.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.
  232. ^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.ISBN978-0813348346.{{cite book}}:CS1 maint: multiple names: authors list (link)
  233. ^Lewis, Bernard (2002).Arabs in History.OUP Oxford. p.57.ISBN978-0-19280-31-08.
  234. ^abcLapidus, Ira M.(2014).A History of Islamic societes.Cambridge University Press.p. 53.ISBN9780521514309.
  235. ^abcdTramontana, 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 converteden masseto 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.
  236. ^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."
  237. ^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)
  238. ^abCohen 2008,pp. 72–73.
  239. ^Abdel-Haleem 2012,p. 86.
  240. ^Evidence on the Muslim Poll Tax from Non Muslim Sources.p. 278-279.JSTOR3596268.

Sources

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  • JizyaEncyclopædia Britannica