Jizya (), or jizyah, is a type of levied on non-Muslim subjects of a state governed by Sharia. The Quran and mention jizya without specifying its rate or amount,Sabet, Amr (2006), The American Journal of Islamic Social Sciences 24:4, Oxford; pp. 99–100. and the application of jizya varied in the course of Islamic 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. ( online)
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. The majority of Muslim jurists required adult, free, sane men among the dhimma community to pay the jizya, while exempting women, children, Old age, handicapped, the ill, Insanity, monks, hermits, ,
/ref> Islamic Regimes allowed dhimmis to serve in Muslim armies. Those who chose to join military service were also exempted from payment;Mapel, D.R. and Nardin, T., eds. (1999), International Society: Diverse Ethical Perspectives, p. 231. Princeton University Press. . Quote: " Jizya was levied upon dhimmis in compensation for their exemption from military service in the Muslim forces. If dhimmis joined Muslims in their mutual defense against an outside aggressor, the jizya was not levied." some Muslim scholars claim that some Islamic rulers exempted those who could not afford to pay from the Jizya.
Together with Kharaj, a term that was sometimes used interchangeably with jizya,Satish Chandra (1969), Jizyah and the State in India during the 17th Century, Journal of the Economic and Social History of the Orient, Vol. 12, No. 3, pp. 322–40, quote="Although kharaj and jizyah were sometimes treated as synonyms, a number of fourteenth century theological tracts treat them as separate" taxes levied on Kafir subjects were among the main sources of revenues collected by some Islamic polities, such as the Ottoman Empire and Indian Muslim Sultanates. Jizya rate was usually a fixed annual amount depending on the financial capability of the payer. Quote:
The term appears in the Quran referring to a tax or tribute from ahl al-kitab, specifically Jews and Christians.
Followers of other religions like Zoroastrianism and too were later integrated into the category of dhimmis and required to pay jizya. In the Indian Subcontinent the 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 of religious tolerance. The tax is no longer imposed by nation states in the Islamic world, although there are reported cases of organizations such as the Pakistani Taliban and ISIS attempting to revive the practice. Coming home to Orakzai ABDUL SAMI PARACHA, Dawn.com (JAN 05, 2010). "In December 2008, Tehrik-e-Taliban Pakistan enforced a strict version of Islamic law in divergence of enviously guarded distinctive tribal culture in Orakzai Agency. Less than a month a later, a decree for jizya was imposed and had to be paid by all minorities if they want protection against local criminal gangs or that they had to convert to Islam."
According in Encyclopedia Iranica, the Arabic word jizya is most likely derived from Middle Persian gazītak, which denoted a tax levied on the lower classes of society in Sasanian Persia, from which the nobles, clergy, landowners (Dehqan), 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.
Shakir's English translations of the Quran render jizya as 'tax', while Pickthall and Arberry translate it as "tribute". Yusuf Ali prefers to Transliteration the term as jizyah. Yusuf Ali considered the root meaning of jizya to be "compensation,"Yusuf Ali (1991 Reprint), Notes 1281 and 1282 to verse 9:29, p. 507 whereas Muhammad Asad considered it to be "satisfaction."
Al-Raghib al-Isfahani (d. 1108), a classical Muslim Lexicography, writes that jizya is a "tax that is levied on Dhimmis, and it is so named because it is in return for the protection they are guaranteed." 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) He points out that derivatives of the word appear in some Qurʾānic verses as well, such as: 4th edition. ( online)
Muhammad Abdel-Haleem states that the term poll tax does not translate the Arabic word jizya, being also inaccurate in light of the exemptions granted to children, women, etc., unlike a poll tax, which by definition is levied on every individual (poll = head) regardless of gender, age, or ability to pay. He further adds that the root verb of jizya is j-z-y, which means 'to reward somebody for something', 'to pay what is due in return for something' and adds that it is in return for the protection of the Muslim state with all the accruing benefits and exemption from military service, and such taxes on Muslims as zakat.
The historian al-Tabari and the Muhaddith al-Bayhaqi relate that some members of the Christian community asked Umar if they could refer to the jizya as sadaqah, literally 'charity', which he allowed. 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, that jizya be taken from them in the name of charity, even if that meant that they would have to pay twice as much, and they said to him: 'Take from us whatever you want, but 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) ( online) Based on this historical event, the majority of jurists from Shāfiʿīs, Ḥanafīs and Ḥanbalīs state that it is lawful to take the jizya from ahl al-dhimmah by name of zakāt or ṣadaqah, meaning it is not necessary to call the tax that is taken from them by jizya, and also based on the known legal maxim that states, "consideration is granted to objectives and meanings and not to terms and specific wordings." Translation: "Based on this (event), the majority of jurists from Shāfiʿīs, Ḥanafīs and Ḥanbalīs state that it is lawful to take the jizya from ahl al-dhimmah by name of double zakat. Meaning it isn't necessary to call the tax that is taken from them by ( jizya), and among the known legal maxim is that consideration is granted to objectives and meanings and not to terms and specific wordings. ... And you may ask: Is it necessary when the name of this tax is transformed from jizya to zakāt or ṣadaqah that the requested amount be doubled? The answer is that this falls under the laws of the ruler ( ʾaḥkām al-ʾimāmah), so the command to change the name, and to define the respective amount is exclusive to what the ruler sees most fit according to each time." ( online)
According to Lane's Lexicon, jizya is the tax that is taken from the free non-Muslim subjects of an Islamic government, whereby they ratify the pact that ensures them protection.Edward William Lane, An Arabic-English Lexicon. Book 1, p. 422. (Citing al-Nihaya fi Gharib al-Hadith by Majd al-Din ibn Athir (d. 1210), and others.)
Michael G. Morony states that:
Arthur Stanley Tritton states that both jizya in west, and kharaj in the east Arabia meant 'tribute'. It was also called jawali in Jerusalem. Shemesh says that Abu Yusuf, Abu Ubayd ibn al-Sallām, Qudama ibn Jaʿfar, Khatib, and Yahya ibn Adam used the terms Jizya, Kharaj, Ushr and Tasq as synonyms.A Ben Shemesh (1967), Taxation in Islam, Vol. 1, Netherlands: Brill Academic, p. 6
The Arabic lexicographer Edward 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".
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." Similarly, during the time of the Crusades, Saladin returned the jizya to the Christians of Syria when he was compelled to retract from it. Translation: "And this (historical precedents for the jizya being returned when the state couldn't protect ahl al-dhimma) has an equivalent during of the Crusades, as such Saladin returned the jizya to the Christians of Syria when he was compelled to retract from it." ( online) The Christian tribe of al-Jurajima, in the neighborhood of Antioch, made peace with the Muslims, promising to be their allies and fight on their side in battle, on condition that they should not be called upon to pay jizya and should receive their proper share of the booty. ( online) 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 the jizya, and should receive their proper share of the booty." ( online) The Oriental Studies Thomas Walker Arnold writes that even Muslims were made to pay a tax if they were exempted from military service, like non-Muslims. ( online) Thus, the Shafi'i scholar al-Khaṭīb ash-Shirbīniy states: "Military service is not obligatory for non-Muslims – especially for dhimmis since they give jizya so that we protect and defend them, and not so that he defends us." Translation: "The Shafi'i scholar al-Khaṭīb ash-Shirbīniy stated: «Military service is not obligatory for non-Muslims -- especially for a dhimmi since he gives the jizya so that we protect and defend him, and not so that he defends us.»" ( online) Ibn Hajar al-Asqalani states that there is a consensus amongst Islamic jurists that jizya is in exchange for military service. In the case of war, jizya is seen as an option to end Hostility. According to Abu Kalam Azad, one of the main objectives of jizya was to facilitate a solution to hostility, since non-Muslims who engaged in fighting against Muslims were thereby given the option of making peace by agreeing to pay jizya. In this sense, jizya is seen as a means by which to legalize the cessation of war and military conflict with non-Muslims.Mun'im Sirry (2014), Scriptural Polemics: The Qur'an and Other Religions, p. 178. Oxford University Press. . In a similar vein, Mahmud Shaltut states that "jizya was never intended as payment in return for one's life or retaining one's religion, it was intended as a symbol to signify yielding, an end of hostility and a participation in shouldering the burdens of the state."
1. "Fight those who believe not in God and the Last Day" ( qātilū-lladhīna lā yuʾminūna bi-llāhi wa-lā bi-l-yawmi-l-ākhir).
Commenting on this verse, Muhammad Sa'id Ramadan al-Buti says: (Translation): "The verse commands qitāl (قتال) and not qatl (قتل), and it is known that there is a big distinction between these two words... For you say qataltu (قتلت) so-and-so if you initiated the fighting, while you say qātaltu (قاتلت) him if you resisted his effort to fight you by a reciprocal fight, or if you forestalled him in that so that he would not get at you unawares." ( online)
2. "Do not forbid what God and His Messenger have forbidden" ( wa-lā yuḥarrimūna mā ḥarrama-llāhu wa-rasūluh).
The closest and most viable cause must relate to jizya, that is, unlawfully consuming what belongs to the Muslim state, which, Al-Baydawi explains, "it has been decided that they should give,"Al-Baydawi, Tafsīr (2 vols. Beirut: Dār al-Kutub al-ʿIlmiyya, 1988), vol. 1, p. 401. since their own scriptures and prophets forbid breaking agreements and not paying what is due to others. His Messenger in this verse has been interpreted by exegetes as referring to Muhammad or the People of the Book's own earlier messengers, Moses or Jesus. According to Abdel-Haleem, the latter must be the correct interpretation as it is already assumed that the People of the Book did not believe in Muḥammad or forbid what he forbade, so that they are condemned for not obeying their own prophet, who told them to honour their agreements.
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. Muhammad Abdel-Haleem argues against this translation, preferring instead to render dīna'l-ḥaqq as 'rule of justice'.
The main meaning of the Arabic dāna is 'he obeyed', and one of the many meanings of dīn is 'behaviour' ( al-sīra wa'l-ʿāda). The famous Arabic Lexicography Fairuzabadi (d. 817/1415), gives more than twelve meanings for the word dīn, placing the meaning 'worship of God, religion' lower in the list.Fayrūzabādī, al-Qamūs al-muḥīṭ, reprint (4 vols. Beirut: Dār al-Jīl, 1952), vol. 4, p. 227. Al-Muʿjam al-wasīṭ gives the following definition: "'dāna' is to be in the habit of doing something good or bad; 'dāna bi- something' is to take it as a religion and worship God through it." Thus, when the verb dāna is used in the sense of 'to believe' or 'to practise a religion', it takes the preposition bi- after it (e.g. dāna bi'l-Islām) and this is the only usage in which the word means religion. Al-Muʿjam al-wasīṭ (Cairo: Majmaʿ al-Lugha al-ʿArabiyya, 1972); al-Rāzī, al-Tafsīr al-kabīr, vol. 8, p. 29. The jizya verse does not say lā yadīnūna bi-dīni'l-ḥaqq, but rather lā yadīnūna dīna'l-ḥaqq. 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.
4. "Until they pay jizya with their own hands" ( ḥattā yu'ṭū-l-jizyata 'an yadin).
Here ʿan yad (from/for/at hand), is interpreted by some to mean that they should pay directly, without intermediary and without delay. Others say that it refers to its reception by Muslims and means "generously" as in "with an open hand," since the taking of the jizya is a form of munificence that averted a state of conflict.Seyyed Hossein Nasr (2015), The Study Quran: A New Translation and Commentary, . 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)." 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"'. M.J. Kister understands 'an yad to be a reference to the "ability and sufficient means" of the dhimmi.M.J. Kister "'An yadin (Qur'an IX/29): An Attempt at Interpretation," Arabica 11 (1964):272–278. Similarly, Rashid Rida takes the word Yad in a metaphorical sense and relates the phrase to the financial ability of the person liable to pay jizya.
5. "While they are subdued" ( wa-hum ṣāghirūn).
Mark R. Cohen writes that 'while they are subdued' was interpreted by many to mean the "humiliated state of the non-Muslims". According to Ziauddin Ahmed, in the view of the majority of Fuqahā (Islamic jurists), the jizya was levied on non-Muslims in order to humiliate them for their unbelief. In contrast, Abdel-Haleem writes that this notion of humiliation runs contrary to verses such as, Do not dispute with the People of the Book except in the best manner (Q 29:46), and the Prophetic ḥadīth, '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'. 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."Al-Shafi'i, Kitabul Umm, 4/219. Quote: «.وَسَمِعْت عَدَدًا مِنْ أَهْلِ الْعِلْمِ يَقُولُونَ الصَّغَارُ أَنْ يَجْرِيَ عَلَيْهِمْ حُكْمُ الْإِسْلَامِ» Translation: "And I heard a number of the people of knowledge state that al-sighar means that Islamic rulings are enforced on them." Quote: «لا أن يضربوا و لا يؤذوا قال الشافعي: ... و الصغار : أن يجري عليهم الحكم» Translation: "al-Shafi'i said: ... And aṣ-Ṣaghār means that rulings are enforced on them, it does not mean that they should be beaten or be harmed." ( online) Quote: «وليس معنى: Translation: "And it is not the case that the meaning of: "... while they are ṣāghirūn" is to humiliate them, and making them feel shame, like some may misunderstand, but the is as Imām Shāfiʿī explained, that ( aṣ-Ṣaghār) means that Islamic rulings are enforced on them, and he narrated this from the scholars, so he stated: (I heard a number of the people of knowledge state: aṣ-Ṣaghār means that Islamic rulings are enforced on them...)" ( online) This understanding is reiterated by the Hanbali jurist Ibn Qayyim al-Jawziyya, who interprets wa-hum ṣāghirūn as making all subjects of the state obey the law and, in the case of the People of the Book, pay the jizya.
Islamic jurists required adult, free, sane, able-bodied males of military age with no religious functions among the dhimma community to pay the jizya, while exempting women, children, elders, handicapped, monks, hermits, the poor, the ill, the insane, slaves, as well as musta'mins (non-Muslim foreigners who only temporarily reside in Muslim lands) and converts to Islam. Dhimmis who chose to join military service were exempted from payment. If anyone could not afford this tax, they would not have to pay anything. Sometimes a dhimmi was exempted from jizya if he rendered some valuable services to the state.
The Hanafi scholar Abu Yusuf wrote, "slaves, women, children, the old, the sick, monks, hermits, the insane, the blind and the poor, were exempt from the tax" and states that jizya should not be collected from those who have neither income nor any property, but survive by begging and from alms. The Hanbali jurist al-Qāḍī Abū Yaʿlā states, "there is no jizya upon the poor, the old, and the chronically ill".al-Qāḍī Abū Yaʿlā, al-Aḥkām al-Sulṭāniyyah, p. 160. Quote: «وتسقط الجزية عن الفقير وعن الشيخ وعن الزَمِن أي» Translation: "There is no jizya upon the poor, the old, and the chronically ill." Historical reports tell of exemptions granted by the second caliph 'Umar to an old blind Jew and others like him. 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 والفقراء هم المسلمون، وهذا من المساكين من أهل الكتاب، ووضع عنه الجزية وعن ضربائه» Translation: "And his ʿUmar – May God be pleased with him – famous story with the Jew that he saw by a door begging, while stating: 'An old man, blind sight'. ʿUmar then asked him, 'So why are you begging?' 'I am begging for money', the man said, 'so I can pay the jizya and fulfill my needs'. ʿUmar took him by the hand and led him to his home and gave him gifts and money, then he sent him to the treasurer of the public treasury ( Bayt al-Mal) and said, 'Take care of him and those like him, for by God, we have not treated him fairly if we benefited from him in his younger days but left him helpless in his old age! Then he recited the verse, "Alms-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." and the poor are amongst the Muslims and this one is from the needy amongst the People of the Book.' So ʿUmar exempted him and those like him from payment of the jizya." ( online)
Though jizya was mandated initially for People of the Book (Judaism, Christianity, Sabianism), it was extended by Islamic jurists to all non-Muslims.Seed, Patricia. Ceremonies of Possession in Europe's Conquest of the New World, 1492–1640, Cambridge University Press, Oct 27, 1995, pp. 79–80. Thus Muslim rulers in India, with the exception of Akbar, collected jizya from , Buddhists, Jainism and under their rule.Markovits, C. (Ed.). (2002). A History of Modern India: 1480–1950. Anthem Press; pages 28–39, 89–127 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.
The sources of jizya and the practices varied significantly over Islamic history. Shelomo Dov Goitein states that the exemptions for the indigent, the invalids and the old were no longer observed in the milieu reflected by the Cairo Geniza and were discarded even in theory by the Shāfi'ī jurists who were influential in Egypt at the time.Goiten, S.D., "Evidence on the Muslim Poll Tax from Non-Muslim Sources", Journal of the Economic and Social History of the Orient 1963, Vol. 6, pp. 278–9, quote – "The provisions of ancient Islamic law which exempted the indigent, the invalids and the old, were no longer observed in the Geniza period and had been discarded by the Shāfi'ī School of Law, which prevailed in Egypt, also in theory." According to Kristen A. Stilt, historical sources indicate that in Mamluk Egypt, poverty did "not necessarily excuse" the dhimmi from paying the tax, and boys as young as nine years old could be considered adults for tax purposes, making the tax particularly burdensome for large, poor families.
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. The Spread of Islam Throughout the World, edited by Idris El Hareir, Ravane Mbaye, p. 200.
The rate of jizya that were fixed and implemented by the second caliph of the Rashidun Caliphate, namely Umar, 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.Muhammad Shafi , Maariful Quran 4, p. 364.
At least during one period, during the governorship of Al-Hajjaj ibn Yusuf in Iraq (680-714), the rate of jizya was sufficiently high and more than taxes on Muslims that officials of Al-Hajjaj's wrote to warn him that public revenues had greatly diminished because Christians were converting to Islam to avoid paying jizyah.Amin, Ahmad, Doha al Islam (The Forenoon of Islam), v.1, p.363] quoted in
The 13th-century scholar Al-Nawawi writes, "The minimum amount of the jizya is one dinar per person per annum; but it is commendable to raise the amount, if it be possible to two dinars, for those possessed of moderate means, and to four for rich persons."Al-Nawawi (Translated by E.C. Howard) (2005). Minhaj et talibin: a manual of Muhammadan law. Adam Publishers. pp. 339–340. . Abu 'Ubayd insists that the dhimmis must not be burdened beyond their capacity, nor must they be caused to suffer.Ahmet Davutoğlu (1994), Alternative paradigms: the impact of Islamic and Western Weltanschauungs on political theory, p. 160. University Press of America.
Scholar Ibn Qudamah (1147 – 7 July 1223) narrates three views on what the rates of jizya should be.
Scholar Ibn Khaldun (1332 – 17 March 1406) states that jizya has fixed limits that cannot be exceeded.Ibn Khaldun, translation: Franz Rosenthal, N. J. Dawood (1969), The Muqaddimah : an introduction to history; in three volumes 1, p. 230. Princeton University Press. In the classical manual of Shafi'i fiqh Reliance of the Traveller it is stated that, "the 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."
According to Mark R. Cohen, the Quran itself does not prescribe humiliating treatment for the dhimmi when paying Jizya, but some later Muslims interpreted it to contain "an equivocal warrant for debasing the dhimmi (non-Muslim) through a degrading method of remission". In contrast, the 13th century hadith scholar and Shafi'ite jurist Al-Nawawi, comments on those who would impose a humiliation along with the paying of the jizya, stating, "As for this aforementioned practice, I know of no sound support for it in this respect, and it is only mentioned by the scholars of Khurasan. The majority of scholars say that the jizya is to be taken with gentleness, as one would receive a debt. The reliably correct opinion is that this practice is invalid and those who devised it should be refuted. It is not related that the Prophet or any of the Rashidun did any such thing when collecting the jizya."Al-Nawawi, Rawḍat al-Ṭālibīn wa ‛Umdat al-Muftīn, vol. 10, pp. 315–6. al-Maktab al-Islamiy. Ed. Zuhayr al-Chawich. Quote: « قُلْتُ: هَذِهِ الْهَيْئَةُ الْمَذْكُورَةُ أَوَّلًا: لَا نَعْلَمُ لَهَا عَلَى هَذَا الْوَجْهِ أَصْلًا مُعْتَمَدًا، وَإِنَّمَا ذَكَرَهَا طَائِفَةٌ مِنْ أَصْحَابِنَا الخراسَانِيِّينَ، وَقَالَ جُمْهُورٌ الْأَصْحَابِ: تُؤْخَذُ الْجِزْيَةُ بِرِفْقٍ ، كَأَخْذِ الدُّيُونِ . فَالصَّوَابُ الْجَزْمُ بِأَنَّ هَذِهِ الْهَيْئَةَ بَاطِلَةٌ مَرْدُودَةٌ عَلَى مَنِ اخْتَرَعَهَا، وَلَمْ يُنْقَلْ أَنَّ النَّبِيَّ وَلَا أَحَدًا مِنَ الْخُلَفَاءِ الرَّاشِدِينَ فَعَلَ شَيْئًا مِنْهَا ، مَعَ أَخْذِهِمِ الْجِزْيَةَ.» Translation: "As for this aforementioned practice ( hay'ah), I know of no sound support for it in this respect, and it is only mentioned by the scholars of Khurasan. The majority ( jumhūr) of scholars say that the jizya is to be taken with gentleness, as one would receive a debt ( dayn). The reliably correct opinion is that this practice is invalid and those who devised it should be refuted. It is not related that the Prophet or any of the rightly-guided caliphs did any such thing when collecting the jizya." (Translation by Dr. Caner Dagli, taken from: H.R.H. Prince Ghazi Muhammad, Ibrahim Kalin and Mohammad Hashim Kamali (Editors) (2013), War and Peace in Islam: The Uses and Abuses of Jihad , pp. 82–3. The Islamic Texts Society Cambridge. .) Quote: «الإمام النووي ... قال في كتابه روضة الطالبين ...: «قلْت: هذه الْهيئَة الْمذكورة أَولا: لا نعلَم لها علَى هذا الْوجه أَصلا معتمدا، وإِنما ذكرها طائِفة من أَصحابنا الخراسانيين، وقال جمهور الأَصحاب: تؤْخذ الجزية برفق، كأَخذ الديون. فالصواب الجزم بأَن هذه الْهيئَة باطلة مردودة على من اخترعها، ولم ينقل أَن النبي ولا أَحدا من الخلَفاء الراشدين فعل شيئَا منها، مع أَخذهم الْجزية.» وقد كرر هذا التحذير وهذا النكير على هؤلاء المخترعين، في كتابه المشهور المنهاج.» Translation: "The Imām al-Nawawī ... said in his book Rawḍat al-Ṭālibīn ... : «I said: As for this aforementioned practice, I know of no sound support for it in this respect, and it is only mentioned by the scholars of Khurasan. The majority ( jumhūr) of scholars say that the jizya is to be taken with gentleness, as one would receive a debt ( dayn). The reliably correct opinion is that this practice is invalid and those who devised it should be refuted. It is not related that the Prophet or any of the rightly-guided caliphs did any such thing when collecting the jizya.» And he repeated this warning and this negation on those innovators, in his famous book al-Minhāj." ( online) Ibn Qudamah also rejected this practice and noted that Muhammad and the Rashidun encouraged that jizya be collected with gentleness and kindness. Translation: "And Ibn Qudāmah mentioned in his Mughni (encyclopedic book on fiqh) some of these flawed innovations in, and he clarified that the way of the Prophet of God – Peace be upon him -, his companions, and the Rashidun was contrary to that, and that they encouraged that jizya be collected with gentleness and kindness." ( online)Ibn Qudamah, Al-Mughni, 4:250.
Ann Lambton states that the jizya was to be paid "in humiliating conditions". 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.
Tafsir " 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 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 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 scholar Al-Qurtubi states, "their punishment in case of non-payment of while they were able to 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".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 while they were able to 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." According to Abu Yusuf, jurist of the fifth Abbasid Caliph Harun al-Rashid, those who didn't pay jizya should be imprisoned and not be let out of custody until payment; however, the collectors of the jizya were instructed to show leniency and avoid corporal punishment in case of non-payment. 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.Humphrey Fisher (2001), Slavery in the History of Muslim Black Africa. NYU Press. p. 47.
Failure to pay the jizya was commonly punished by house arrest and some legal authorities allowed enslavement of dhimmis for non-payment of taxes.Mark R. Cohen (2005), Poverty and Charity in the Jewish Community of Medieval Egypt, Princeton University Press, , pp. 120–3; 130–8, Quotes: "Family members were held responsible for individual's poll tax (mahbus min al-jizya)"; "Imprisonment for failure to pay (poll tax) debt was very common"; "This imprisonment often meant house arrest... which was known as tarsim"I. P. Petrushevsky (1995), Islam in Iran, SUNY Press, , 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.(...) " 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.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
In theory, jizya funds were distributed as salaries for officials, pensions to the army and charity. Cahen states, "But under this pretext it was often paid into the Prince's khass, "private" treasury." 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.
Sources disagree about expenditure of jizya funds on non-Muslims. Ann Lambton states that non-Muslims had no share in the benefits from the public treasury derived from jizya. 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 the Bayt al-Mal, which some authors hold to be representative of Islam.
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.
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.Hoyland, In God's Path, 2015: p.199
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 root ṣ-gh-r ("small", "little", "belittled" or "humbled"). 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.
William Montgomery Watt traces 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.William Montgomery Watt (1980), pp. 49–50. 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".Hoyland, In God's Path, 2015: p.198
Jews and Christians in some southern and eastern areas of the Arabian Peninsula began to pay tribute, called jizya, to the Islamic state during Muhammad's lifetime. 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.
During the Tabuk campaign in 630, Muhammad sent letters to four towns in the northern Hejaz and Palestine to urge them to relinquish maintenance of a military force and rely on Muslims to ensure their security in return for payment of taxes. Moshe Gil argues that the texts represent the paradigm of letters of security that would be issued by Muslim leaders during the subsequent early conquests, including the use of the word jizya, which would later take on the meaning of poll tax.
Jizya received divine sanction in 630, when the term was mentioned in a Quranic verse (9:29). Max Bravmann argues that the Quranic usage of the word jizya develops a pre-Islamic common-law principle, which states that reward must necessarily follow a discretional good deed into a principle mandating that the life of all prisoners of war belonging to a certain category must be spared if they grant the "reward" (jizya) to be expected for an act of pardon.
In 632, jizya, in the form of a poll tax, was first mentioned in a document that was reportedly sent by Muhammad to Yemen. W. Montgomery Watt argues that the document was tampered with by early Muslim historians to reflect a later practice, but Norman Stillman holds it to be authentic.
Difficulties in tax collection soon appeared. Egyptian Copts, who had been skilled in tax evasion since Roman times, were able to avoid paying the taxes by entering Monastery, which were initially exempt from taxation, or simply by leaving the district where they were registered. This prompted imposition of taxes on monks and introduction of movement controls. 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. Faced with a decline in agriculture and a treasury shortfall, the governor of Iraq al-Hajjaj forced peasant converts to return to their lands and subjected them to the taxes again, effectively forbidding peasants to convert to Islam. 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.
The situation where conversion to Islam was penalized in an Islamic state could not last, and the devout Umayyad caliph Umar II has been credited with changing the taxation system. Modern historians doubt this account, although details of the transition to the system of taxation elaborated by Abbasid-era jurists are still unclear. Umar II ordered governors to cease collection of taxes from Muslim converts, 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. According to Hoyland, taxation-related grievances of non-Arab Muslims contributed to the opposition movements which resulted in the Abbasid revolution. In contrast, Dennett states that it is incorrect to postulate an economic interpretation of the Abbasid Revolution. The notion of an Iranian population staggering under a burden of taxation and ready to revolt at the first opportunity, as imagined by Gerlof van Vloten, "will not bear the light of careful investigation", he continues.
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. The poll-tax was no longer levied on Muslims, but treasury did not necessarily suffer and converts did not gain as a result, since they had to pay zakat, which was instituted as a compulsory tax on Muslims around 730. The terminology became specialized during the Abbasid era, so that kharaj no longer meant anything more than land tax, while the term "jizya" was restricted to the poll-tax on dhimmis.
Jizya was expanded by the Delhi Sultanate. Alauddin Khilji legalized the enslavement of the jizya and kharaj defaulters. His officials seized and sold these slaves in growing Sultanate cities where there was a great demand of slave labour.Fouzia Ahmed (2009), The Delhi Sultanate: A Slave Society or A Society with Slaves?, Pakistan Journal of History and Culture, 30(1): 8–9 The Muslim court historian Ziauddin Barani recorded that Qadi Mughisuddin of Bayanah advised Alā' al-Dīn that Islam requires imposition of jizya on Hindus, to show contempt and to humiliate the Hindus, and imposing jizya is a religious duty of the Sultan.
During the early 14th century reign of Muhammad bin Tughlaq, expensive invasions across India and his order to attack China by sending a portion of his army over the Himalayas, emptied the precious metal in the treasury of the Sultanate.William Hunter (1903), , 23rd Edition, pp. 124–8 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.Vincent A Smith, , Chapter 2, pp 236–42, Oxford University Press Muḥammad ibn Tughluq Encyclopedia Britannica (2009) In the late 14th century, mentions the memoir of Tughlaq dynasty's Sultan Firoz Shah Tughlaq, his predecessor taxed all Hindus but had exempted all Hindu from jizya; Firoz Shah extended it to also include the Brahmins at a reduced rate. Futuhat-i Firoz Shahi Autobiography of Firoz Shah Tughlaq, Translated y Elliot and Dawson, Volume 3 – The History of India, Cornell University, pp 374–83 He also announced that any Hindu who converted to Islam would become exempt from taxes and jizya as well as receive gifts from him.
In Kashmir, Sikandar Butshikan levied jizya on those who objected to the abolition of hereditary varnas, allegedly at the behest of his neo-convert minister Suhabhatta. 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 Halle 2014. Ahmad Shah (1411-1442), a ruler of Gujarat, introduced the Jizyah in 1414 and collected it with such strictness that many people converted to Islam to evade it.Satish C. Misra, The Rise of Muslim Power in Gujarat (Bombay, 1963), p.175.
Jizya was later abolished by the third Mughal Empire emperor Akbar, in 1564. 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. 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. The collectors were mandated to be Muslims. In some areas revolts led to its periodic suspension such as the 1704 AD suspension of jizya in Deccan Plateau of India by Aurangzeb.Markovits, C. (Ed.). (2002). A History of Modern India: 1480–1950, Anthem Press. pp. 109–12.
The Ottoman state also collected Jizya from Muslim and non-Muslim groups they registered as Gypsy (Kıpti), such as Romani people in Western Anatolia and Balkans and Abdals, Dom people and Lom people in Kastamonu, Çankırı-Tosya, Ankara, Malatya, Harput, Antep, and Aleppo no later than late 17th century. Abdals and Tahtacıs in Teke (
The jizya was eliminated in Algeria and Tunisia in the 19th century, but continued to be collected in Morocco until the first decade of the 20th century (these three dates of abolition coincide with the French colonization of these countries)."Though in Tunisia and Algeria the jizya/kharaj practice was eliminated during the 19th century, still paid these taxes as late as the first decade of the twentieth century." Michael M. Laskier, North African Jewry in the Twentieth Century: Jews of Morocco, Tunisia and Algeria, NYU Press, 1994, p. 12.
The Ottoman Empire abolished the jizya in 1856. It was replaced with a new tax, which non-Muslims paid in lieu of military service. It was called baddal-askari (lit. 'military substitution'), a tax exempting Jews and Christians from military service. The Kurdish Jews, according to the scholar Mordechai Zaken, preferred to pay the "baddal" tax in order to redeem themselves from military service. Only those incapable of paying the tax were drafted into the army. Zaken says that paying the tax was possible to an extent also during the war and some Jews paid 50 gold liras every year during World War I. According to Zaken, "in spite of the forceful conscription campaigns, some of the Jews were able to buy their exemption from conscription duty." Zaken states that the payment of the baddal askari during the war was a form of bribe that bought them at most a one-year deferment."Mordechai Zaken, Jewish Subjects and their Tribal Chieftains in Kurdistan: A Study in Survival, Brill, 2007, pp. 280–284–71.
In 2009, officials in the Peshawar region of Pakistan claimed that members of the Taliban forced the payment of jizya from Pakistan's minority Sikh community after occupying some of their homes and kidnapping a Sikh leader. In 2014, the Islamic State of Iraq and the Levant (ISIL) announced that it intended to extract jizya from Christians in the city of Raqqa, Syria, which it controlled.
In June, the Institute for the Study of War reported that ISIL claims to have collected the fay, i.e. jizya and kharaj.
The late Islamic scholar Abul A'la Maududi, of Pakistan, said that Jizya should be re-imposed on non-Muslims in a Muslim nation. Yusuf al-Qaradawi of Egypt also held that position in the mid-1980s; however, he later reconsidered his legal opinion on this point, stating: "nowadays, after Conscription has become compulsory for all Citizenship—Muslims and non-Muslims—there is no longer room for any payment, whether by name of jizya or any other." Quote: «و اليوم بعد أن أصبح التجنيد الإجباري مفروضا على كل المواطنين − مسلمين و غير مسلمين − لم يعد هناك مجال لدفع أي مال، لا باسم جزية، و لا غيرها.» Translation: "Nowadays, after military conscription has become compulsory for all citizens — Muslims and non-Muslims — there is no longer room for any payment, whether by name of jizya, or any other." ( online) According to Khaled Abou El Fadl, moderate Muslims generally reject the Dhimmi, which encompasses jizya, as inappropriate for the age of nation-states and Democracy.
Ira Lapidus writes that the Arab-Muslim conquests followed a general pattern of nomadic conquests of settled regions, whereby conquering peoples became the new military elite and reached a compromise with the old elites by allowing them to retain local political, religious, and financial authority. Peasants, workers, and merchants paid taxes, while members of the old and new elites collected them. 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.
Norman Stillman writes that although the tax burden of the Jews under early Islamic rule was comparable to that under previous rulers, Christians of the Byzantine Empire (though not Christians of the Persian empire, whose status was similar to that of the Jews) and Zoroastrians of Iran shouldered a considerably heavier burden in the immediate aftermath of the Arab conquests. 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.
The influence of jizya on conversion has been a subject of scholarly debate. Julius Wellhausen held that the poll tax amounted to so little that exemption from it did not constitute sufficient economic motive for conversion. Similarly, Thomas Arnold states that jizya was "too moderate" to constitute a burden, "seeing that it released them from the compulsory military service that was incumbent on their Muslim fellow subjects." He further adds that converts escaping taxation would have to pay the legal alms, zakat, that is annually levied on most kinds of movable and immovable property. ( online) Other early 20th century scholars suggested that non-Muslims converted to Islam en masse in order to escape the poll tax, but this theory has been challenged by more recent research. 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. According to Halil İnalcık, the wish to avoid paying the jizya was an important incentive for conversion to Islam in the Balkans, though Anton Minkov has argued that it was only one among several motivating factors.
Mark R. Cohen writes that despite the humiliating connotations and the financial burden, the jizya paid by Jews under Islamic rule provided a "surer guarantee of protection from non-Jewish hostility" than that possessed by Jews in the Latin West, where Jews "paid numerous and often unreasonably high and arbitrary taxes" in return for official protection, and where treatment of Jews was governed by charters which new rulers could alter at will upon accession or refuse to renew altogether. The Pact of Umar, which stipulated that Muslims must "do battle to guard" the dhimmis and "put no burden on them greater than they can bear", was not always upheld, but it remained "a steadfast cornerstone of Islamic policy" into early modern times.
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. Niaz A. Shah states that jizya is "partly symbolic and partly commutation for military service. As the amount is insignificant and exemptions are many, the symbolic nature predominates." Muhammad Abdel-Haleem states, "the jizya is a very clear example of the acceptance of a multiplicity of cultures within the Islamic system, which allowed people of different faiths to live according to their own faiths, all contributing to the well-being of the state, Muslims through Zakat, and the ahl al-dhimma through jizya."
In his essay, ethnographer Shelomo Dov Goitein highlighted the limitation of studying the potential economic and other adverse social consequences of the jizya without any reference to non-Muslim sources:
In 2016, Muslim scholars from more than 100 countries signed the Marrakesh Declaration, a document that called for a new Islamic jurisprudence based on the recognition of civic nationalism based governments, implying that the dhimmī system is inapplicable in the modern era in relation to the time of the writing of the Qur'an.
(Translation) "The amount of ''jizya'' is determined in consideration of their economic status, so that more is taken from the prosperous, less from the middle [class], and a very small amount from the poor (''fuqaraʾ''). Those who do not have any means of livelihood or depend on support of others are exempted from paying the ''jizya''." ([https://archive.org/stream/b38982/93872#page/n147/mode/2up online])
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. Quote: (Translation) "And the money that the dhimmī gives is called ''jizya'': [...] and [it is so named] because it is in return for the protection that they are guaranteed by the Islamic [community], and instead of rendering military service, and since it is [also] in return for what is spent on the poor amongst the ''dhimmī'' community (''ahl al-dhimma'') as ʾImām ʿUmar used to do. [...] and Islam gave the right of equality between all of those who are under its rule, indeed, the ''jizya'' that is demanded from the ''dhimmī'' corresponds to the financial obligations that are compulsory on the Muslim, so he is obliged [to purify] his wealth [through] ''[[zakat]]'', and he is required to pay ''[[sadaqat|Sadaqah]]'' and ''nudhur'', and he is duty-bound to give ''kaffarat'', as well as other things. And if all that is taken from the Muslim was calculated, it would become clear that it isn't less than what is taken by way of ''jizya'', if it isn't more. And as we have mentioned earlier, the state spends on the poor amongst the ''dhimmī'' community, and it is narrated that ʿUmar – May God Almighty be pleased with him – found an elderly Jew begging, so he asked him: 'Who are you, old man (''shaykh'')?' He said, 'I am a man from the ''dhimma'' community.' So ʿUmar said to him: 'We have not done justice to you in taking from you when you were young and forsaking you in your old age', so ʿUmar gave him a regular pension from the public treasury (''Bayt al-Māl''), and he then said to his servant: "Search for him and those like him, and give them out from the public treasury.""
Etymology and meaning
The protected status and the definition of jizya as the poll tax on non-Muslim subjects appears to have been achieved only by the early eighth century. This came as a result of growing suspicions about the loyalty of the non-Muslim population during the second civil war and of the literalist interpretation of the Quran by pious Muslims.
Jane Dammen McAuliffe states that jizya, in early Islamic texts, was an annual tribute expected from non-Muslims, and not a poll tax.Jane Dammen McAuliffe (2011), Encyclopedia of the Qur'an, Brill Academic, Vol. 4, pp. 152–153; Vol. 5, pp. 192–3, . Similarly, Thomas Walker Arnold writes that jizya originally denoted tribute of any type paid by the non-Muslim subjects of the Arab empire, but that it came later on to be used for the capitation-tax, "as the fiscal system of the new rulers became fixed." ( online)
Rationale
Payment for protection
( online)
as well as for non-Muslims being exempt from military service, Translation: "And since the jizya is in exchange for military service, it is taken only from those who are financially capable, and those who are able to take arms and do military service in defense of a country, and it isn't in exchange for not embracing Islam otherwise the would have been taken from monks and the clergy .. and also since those who did volunteer to fight with the Muslims, against the Persians and Byzantines, and who professed a religion other than Islam – in the Levant, Iraq, and Egypt – were exempted from the jizya and shared equally the battle gains with the Muslims..." ( online)
( online)
and in exchange for the aid provided to poor dhimmis. In a treaty made by Khalid with some towns in the neighborhood of Hirah, he writes: "If we protect you, then jizya is due to us; but if we do not, then it is not due." ( online) Quote: «جاء في صلح خالد بن الوليد ... في منطقة الحيرة، ما يأتي: "... فإن منعناكم فلنا الجزية و إلا فلا ..."» Translation: "It was stated in the peace treaty made by Khālid b. al-Walīd ... in the neighborhood of al-Ḥīrah, what follows: «... If we protect you, then jizya is due to us; but if we do not, then it is not due...»" ( online)Shibli Nomani (Entry Author), Translation: "This is a treaty made by Khālid b. al-Walīd ... If we protect you, then jizya is due to us; but if we do not, then it is not due. This was written in the year twelve in Safar." ( online) 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, then jizya is due to us; but if we do not, then it is not due»." ( online) Early Hanafi jurist Abu Yusuf writes:
Other rationales
In the Qur'an
The verse commands qitāl () and not qatl (), and it is known that there is a big distinction between these two words... For you say qataltu () so-and-so if you initiated the fighting, while you say qātaltu () him if you resisted his effort to fight you by a reciprocal fight, or if you forestalled him in that so that he would not get at you unawares.
Muhammad Abdel-Haleem writes that there is nothing in the Qur'an to say that not believing in God and the Last Day is in itself grounds for fighting anyone. Whereas Abū Ḥayyān states "they are so described because their way of is the way of those who do not believe in God," Ahmad Al-Maraghī comments: 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."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 Byzantine Empire, which was what led to Tabuk.
In the classical era
Liability and exemptions
Rate of the jizya tax
Collection methods
Use of tax
History
Origins
Emergence of classical taxation system
India
Southern Italy
Ottoman Empire
/ref>
Abolition
In recent times
Assessment and historical context
See also
Notes
Citations
Sources
External links
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