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Dhimmi

Dhimmī (Arabic: ذمي ḏimmī, IPA: [ˈðimmiː], collectively أهل الذمة ʾahl aḏ-ḏimmah/dhimmah "the people of the covenant") or muʿāhid (معاهد) is a historical[1] term for non-Muslims living in an Islamic state with legal protection.[1][2]: 470  The word literally means "protected person",[3] referring to the state's obligation under sharia to protect the individual's life, property, as well as freedom of religion, in exchange for loyalty to the state and payment of the jizya tax, in contrast to the zakat, or obligatory alms, paid by the Muslim subjects.[4] Dhimmi were exempt from certain duties assigned specifically to Muslims if they paid the poll tax (jizya) but were otherwise equal under the laws of property, contract, and obligation.[5][6][7]

Historically, dhimmi status was originally applied to Jews, Christians, and Sabians, who are considered "People of the Book" in Islamic theology. Later, this status was also applied to Zoroastrians, Sikhs, Hindus, Jains, and Buddhists.[8][9][10]


Jews and Christians were required to pay the jizyah while others, depending on the different rulings of the four Madhhabs, might be required to accept Islam, pay the jizya, be exiled, or be killed.[11][12][13][14]


During the rule of al-Mutawakkil, the tenth Abbasid Caliph, numerous restrictions reinforced the second-class citizen status of dhimmīs and forced their communities into ghettos.[15] For instance, they were required to distinguish themselves from their Muslim neighbors by their dress.[16] They were not permitted to build new churches or synagogues or repair old churches according to the Pact of Umar. [17]


Under Sharia, the dhimmi communities were usually governed by their own laws in place of some of the laws applicable to the Muslim community. For example, the Jewish community of Medina was allowed to have its own Halakhic courts,[18] and the Ottoman millet system allowed its various dhimmi communities to rule themselves under separate legal courts. These courts did not cover cases that involved religious groups outside of their own communities, or capital offences. Dhimmi communities were also allowed to engage in certain practices that were usually forbidden for the Muslim community, such as the consumption of alcohol and pork.[19][20][21]


Some Muslims reject the dhimma system by arguing that it is a system which is inappropriate in the age of nation-states and democracies.[22] There is a range of opinions among 20th-century and contemporary Islamic theologians about whether the notion of dhimma is appropriate for modern times, and, if so, what form it should take in an Islamic state.


There are differences among the Islamic Madhhabs regarding which non-Muslims can pay jizya and have dhimmi status. The Hanafi and Maliki Madhabs generally allow non-Muslims to have dhimmi status. In contrast, the Shafi'i and Hanbali Madhabs only allow Christians, Jews and Zoroastrians to have dhimmi status, and they maintain that all other non-Muslims must either convert to Islam or be fought.[23]

The Iranian Muslim Ayatollah Ruhollah Khomeini indicates in his book Islamic Government: Governance of the Jurist that non-Muslims should be required to pay the poll tax, in return for which they would profit from the protection and services of the state; they would, however, be excluded from all participation in the political process.[56] Bernard Lewis remarks about Khomeini that one of his main grievances against the Shah, Mohammad Reza Pahlavi, was that his legislation allowed the theoretical possibility of non-Muslims exercising political or judicial authority over Muslims.[57]

Shi'a

The Egyptian theologian , chairman of the International Union of Muslim Scholars,[58] has stated in his Al Jazeera program Sharia and Life, which has an estimated audience of 35 to 60 million viewers:[59] "When we say dhimmis (ahl al-dhimma) it means that [...] they are under the covenant of God and His Messenger and the Muslim community and their responsibility (ḍamān), and it is everyone's duty to protect them, and this is what is intended by the word. At present many of our brethren are offended by the word dhimmis, and I have stated in what I wrote in my books that I don't see anything to prevent contemporary Islamic ijtihad from discarding this word dhimmis and calling them non-Muslim citizens."[60]

Yusuf al-Qaradawi

Another Egyptian Islamist, argued the concept of dhimmi must be re-interpreted in the context of Egyptian nationalism. Al-Awa and other Muslim scholars based this on the idea that while the previous dhimma condition result from the Islamic conquest, the modern Egyptian state results from a joint Muslim-Christian campaign to end the British occupation of Egypt. In modern-day Egypt, he argues, the constitution replaces the dhimma contract.[61]

Mohammad Salim al-Awa

a 20th-century Shia scholar writes that dhimmis should be treated "in a good and decent manner". He addresses the argument that good treatment of dhimmis was abrogated by Quranic verse 9:29[62] by stating that, in the literal sense, this verse is not in conflict with good treatment of dhimmis.[63]

Muhammad Husayn Tabataba'i

a Pakistani theologian, writes in Mizan that certain directives of the Quran were specific only to Muhammad against peoples of his times, besides other directives, the campaign involved asking the polytheists of Arabia for submission to Islam as a condition for exoneration and the others for jizya and submission to the political authority of the Muslims for exemption from capital punishment and for military protection as the dhimmis of the Muslims. Therefore, after Muhammad and his companions, there is no concept in Islam obliging Muslims to wage war for propagation or implementation of Islam.[64][65]

Javed Ahmad Ghamidi

The Iranian Shia jurist Grand Ayatollah states in Selection of the Tafsir Nemooneh that the main philosophy of jizya is that it is only a financial aid to those Muslims who are in the charge of safeguarding the security of the state and dhimmis' lives and properties on their behalf.[66]

Naser Makarem Shirazi

Prominent Islamic thinkers like and Tarek El-Bishry have based their justification for full citizenship of non-Muslims in an Islamic states on the precedent set by Muhammad in the Constitution of Medina. They argue that in this charter the People of Book, have the status of citizens (muwatinun) rather than dhimmis, sharing equal rights and duties with Muslims.[67]

Fahmi Huwaidi

Legal scholar L. Ali Khan also points to the as a way forward for Islamic states in his 2006 paper titled The Medina Constitution. He suggests this ancient document, which governed the status of religions and races in the first Islamic state, in which Jewish tribes are "placed on an equal footing with [...] Muslims" and granted "the freedom of religion," can serve as a basis for the protection of minority rights, equality, and religious freedom in the modern Islamic state.[68][69]

Constitution of Medina

Professor of Islamic Studies at the University of Oxford, advocates the inclusion of academic disciplines and Islamic society, along with traditional Islamic scholars, in an effort to reform Islamic law and address modern conditions. He speaks of remaining faithful to the higher objectives of sharia law. He posits universal rights of dignity, welfare, freedom, equality and justice in a religiously and culturally pluralistic Islamic (or other) society, and proposes a dialogue regarding the modern term "citizenship," although it has no clear precedent in classical fiqh. He further includes the terms "non-citizen", "foreigner", "resident" and "immigrant" in this dialogue, and challenges not only Islam, but modern civilization as a whole, to come to terms with these concepts in a meaningful way with regards to problems of racism, discrimination and oppression.[70]

Tariq Ramadan

Relevant texts[edit]

Quranic verses as a basis for Islamic policies toward dhimmis[edit]

Lewis states

Cultural interactions and cultural differences[edit]

During the Middle Ages, local associations known as futuwwa clubs developed across the Islamic lands. There were usually several futuwwah in each town. These clubs catered to varying interests, primarily sports, and might involve distinctive manners of dress and custom. They were known for their hospitality, idealism and loyalty to the group. They often had a militaristic aspect, purportedly for the mutual protection of the membership. These clubs commonly crossed social strata, including among their membership local notables, dhimmi and slaves – to the exclusion of those associated with the local ruler, or amir.[144]


Muslims and Jews were sometimes partners in trade, with the Muslim taking days off on Fridays and Jews taking off on Saturdays.[145]


Andrew Wheatcroft describes how some social customs such as different conceptions of dirt and cleanliness made it difficult for the religious communities to live close to each other, either under Muslim or under Christian rule.[146]

In modern times[edit]

The dhimma and the jizya poll tax are no longer imposed in Muslim majority countries.[22][147] In the 21st century, jizya is widely regarded as being at odds with contemporary secular conceptions of citizens' civil rights and equality before the law, although there have been occasional reports of religious minorities in conflict zones and areas subject to political instability being forced to pay jizya.[148]


In 2009 it was claimed that a group of militants that referred to themselves as the Taliban imposed the jizya on Pakistan's minority Sikh community after occupying some of their homes and kidnapping a Sikh leader.[149]


In 2013, the Muslim Brotherhood in Egypt occupied the town of Dalga immediately following the overthrow of Mohammed Morsi on 3 July, and reportedly imposed jizya on the 15,000 Christian Copts living there.[150][151] However, in autumn of that same year Egyptian authorities were able to retake control of the town following two prior failed attempts.[152]


In February 2014, the Islamic State of Iraq and the Levant (ISIL) announced that it intended to extract jizya from Christians in the city of Raqqa, Syria, which it controlled at the time. Christians who refused to accept the dhimma contract and pay the tax were to have to either convert to Islam, leave or be executed. Wealthy Christians would have to pay half an ounce of gold, the equivalent of $664 twice a year; middle-class Christians were to have to pay half that amount and poorer ones were to be charged one-fourth that amount.[153] In June 2014 the Institute for the Study of War reported that ISIL claims to have collected jizya and fay.[154] On 18 July 2014 ISIL ordered the Christians in Mosul to accept the dhimma contract and pay the jizya or convert to Islam. If they refused to accept either of the options they would be killed.[155]

 – Polemical characterization of the status of non-Muslims under Islamic rule

Dhimmitude

 – Term referring to a non-Jew

Gentile

 – Muslim attitudes towards other religions

Islam and other religions

 – Non-Jew living in the Land of Israel who agrees to follow the Seven Laws of Noah

Ger toshav

 – Islamic tax on non-Muslims

Jizyah

 – Islamic term for non-Muslims temporarily residing in Muslim-ruled lands

Musta'min

Persecution of Buddhists

Persecution of Christians

Persecution of Hindus

Persecution of Jews

 – Persecution based on religious belief

Persecution of Sikhs

 – Type of identifying mark in historic Islamic societies

Zunnar

Islamic and Christian Spain in the early Middle Ages. Thomas F. Glick: Chapter 5: Ethnic relations

Archived 8 January 2009 at the Wayback Machine

Islam and its tolerance level

is 109 Surah and found in the 30th Parah of the Quran.

Surah Al Kafirun

from the Religious Freedom Packet of the Order of Saint Andrew the Apostle

Islamic Teaching On Dhimmi Status Creates An Atmosphere Of Intolerance

Archived 1 April 2001 at the Wayback Machine

Bernard Lewis, Race and Slavery in the Middle East

Jihad, the Arab Conquests and the Position of Non-Muslim Subjects