Removing Doubts Concerning Verses of Jihad in Quran: Is Jizya in Islam an act of oppression? Part 2
Kamal
Mustafa Azhari for New Age Islam
(Translated
from Urdu by New Age Islam)
20 May
2021
Jizyah
collected from Non-Muslims in return for their Protection
Important Points discussed in Part 2
Islam protects the rights
of the dhimmis
Jizyah was collected only
from those dhimmis who could afford to pay
Women, children, old and
certain dhimmis are exempted from Jizyah
Jizyah was taken in
return for protection granted by Islamic state
Jizyah
is not oppression over the dhimmis for not accepting Islam
Islam
grants a portion of the treasury of the Muslims to the needy dhimmis
General
rights of the dhimmis
Islamic
system of justice is just and impartial
……………………………..
In the
name of Allah, the Most Merciful and the Most Gracious
Doubt
2: Is Jizyah in Islam an act of oppression?
Some
sceptics hold the misconception that Islam oppresses the Dhimmis (i.e.
the non-Muslims who take refuge in Dar ul-Islam by paying Jizyah),
deprives them of their freedom, and imposes Jizyah on them. They add
that Islam commands Jihad against those non-Muslims who do not pay the Jizyah.
This
misconception is dismissed for a few reasons:
There
is no doubt that these sceptics are unaware of the fact that Islam plays an
unparalleled role in securing the rights of the Dhimmis. We will
describe all these things in the following lines so that the minds and hearts
may be protected from doubts and suspicions.
First
of all, we should know the meaning of Jizyah. The root verb of Jizyah
is j-z-y, which means ‘to pay what is due in return for safety and security.
(Mukhtar al-Sihah, vol.1, p.44)
Jizyah is a limited and fixed payment collected from
certain non-Muslims who have the power to do business in Dar ul-Islam in
exchange for the responsibility of protection fulfilled by Islamic state
against any aggression, as well as for non-Muslims being exempt from military
service and in return for the aid provided to poor dhimmis.
Old
people, children, women are exempted from payment of Jizya. Similarly, Jizyah
is not collected from the poor, the sick, the insane, and those who are not
able to work or who could not afford to pay. But rather, most of them are the
ones who get aid and pensions as much as they need from the treasury of the
Muslims.
The Dhimmis
living among the Muslims benefit from the services of the Judiciary, Army and
Police governed by the State of Islam, as well as from the Public Facilities.
This is not hidden for the people of reason and intellect that a large
amount of money has to be spent to run all these affairs. These expenses are
largely paid by the Muslims and the dhimmis also contribute to this
expenditure.
In
return for the Jizyah, the Islamic State takes responsibility for the
protection and defence of the dhimmis and provides them with peace and
security in the land of Islam. Thus they are not worried or obliged to defend
their lives, property and honour or the Islamic State. Instead, a military
contingent is assigned to protect and look after these affairs.
So this
Jizyah is not a punishment or oppression over the dhimmis for not
accepting Islam but it is in return for their protection and support and
patronage. The reason is that only accepting Jizyah proves the
infallibility of their lives and property, as the leader of the faithful (Amir
ul-Muminin) Hazrat Umar Farooq Azam had said explicitly to Hazrat
Abu Ubaidah (May Allah be pleased with them), “If you take Jizyah from
them, there will be nothing left for you on them” (Kitab al-Kharaj: 154)
Islam
has taken a unique initiative in providing the dhimmis with the
guarantee of protection and peace, an example of which is not found in the
history of humanity. Only the dhimmis who could afford are demanded to
pay a special amount of Jizyah, and thereby they can spend their life
with happiness, peace and tranquillity under the protection of the Muslims.
However, in spite of having power and strength, Islam does not persecute but
treats them justly in fulfilling their rights.
General
rights for the dhimmis
1.
Criminal Law
This
law applies equally to the Muslims and the Dhimmis, i.e. the punishment
for the crime is the same for both. For example, if a Muslim steals the property
of a Dhimmi or a dhimmi steals the property of a Muslim, in both
cases the thief's hands will be cut off.
2.
Civil Law
This
law is equally applicable for both. The wealth of a dhimmi is like the
wealth of a Muslim. It is specifically permissible for a dhimmi to make,
drink or sell wine, and it is also permissible for him to raise, eat or sell
pork. So if a Muslim wastes a Dhimmi's wine or kills a pig, he will have
to pay a fine, as it is mentioned in the jurisprudential book Durr-e-Mukhtar,
“The Muslim will have to pay the fine for his (dhimmis’) wine and pork
if he wastes it”
3.
Protection of Chastity and Honour
It is
not permissible to torture a dhimmi with one's hand or tongue, nor is it
permissible to abuse, beat or backbite him. It is mentioned in Durre Mukhtar:
“It is obligatory to refrain from harassing the dhimmi. It is equally
forbidden to backbite the dhimmi and the Muslim.”
4.
Religious rites
The dhimmis
are allowed to practice their religion and their religious rites.
5.
Gentleness while collecting Jizyah and Khiraj
Islam
also grants a portion of the treasury of the Muslims to the needy Dhimmis,
as Hazrat Umar bin Abdul Aziz (may Allah be pleased with him) said to Adi
ibn Artah al-Fazari who was appointed a governor to Basra, “Before taking
care of yourself, you should care for the dhimmis, because some of them
have reached old age, some are weak and their income has gone away. Grant the Dhimmis
as much share as they need from the Public Treasury of the Muslims so that they
may improve their state.” (Al-Amwaal: 1/170)
Under
the law and order of Islam, the non-Muslims have lived with such freedom,
justice and fairness, then why is there so much oppression and religious
persecution against Muslims today?
Islam
is a religion of mercy and safety which does not incite hatred and enmity but
teaches equality between Muslims and non-Muslims in terms of justice and other
matters of which there are numerous examples in history.
There
is an example that shows how just and impartial the Islamic system of justice
is. This took place between Caliph Ali and a Jewish man. Hazrat Ali lost
a piece of his armour which he found in the possession of a Jew. Then he
decided to take up the matter legally, so he brought the dispute to judge
Shurayh. Hazrat Ali said, “This is my armour and I have not sold it or
given it away.” The judge said to that Jew, “What do you say about what the
commander of the faithful has said?” That person said, “It is my armour, but I
do not consider the commander of the faithful to be a liar.” The judge turned
to Ali and said, “O commander of the faithful, do you have proof?” Hazrat
Ali laughed and said, “Shurayh is correct. I do not have proof.” Thus, the
judge ruled in favour of that Jewish man. The Jew took the armour and began to
walk away, but then he returned and said, “As for me, I testify that this is
the wisdom of the prophets. The commander of the faithful himself has taken me
to his judge and the judge has ruled against him! I testify that there is no God
but Allah and Muhammad is the Messenger of Allah. By Allah, the armour is
yours. I took out you’re your camel.” Hazrat Ali (May Allah be pleased
with him) said, “If you have embraced Islam, the armour is yours.” (Sunan
Kubra: 20252).
This is
the example of Islamic justice that the leader of the believers himself went
along with the Jew to the judge, despite the fact that he was right and full of
power and as the evidence submitted by Hazrat Ali was apparently
insufficient, the judge gave his verdict in favour of the Jew. Hazrat
Ali knew the hadith that “Proof lies on the plaintiff and the oath is to
be sworn by the defendant” (Sunan Tirmidhi: 1342). So when Hazrat Ali
could not prove his claim that this piece of armour belonged to him, he agreed
to the verdict and said to the judge “Shurayh is correct”. The point to be
noted here is that the evidence submitted by Hazrat Ali was apparently
insufficient; the judge gave his verdict in favour of the Jew. This is the
matter of gentleness that no distinction was made between a leader and a Jew
who was a common citizen. The Jew was so impressed by the fairness of The
Islamic justice system that he immediately returned the armour to Hazrat
Ali and embraced Islam.
Permissibility
of Jizyah
Allah
Almighty says, “Fight those who do not believe in Allah or in the Last Day and
who do not consider unlawful what Allah and His Messenger have made unlawful
and who do not adopt the religion of truth from those who were given the
Scripture - [fight] until they give the jizyah willingly while they are
humbled.” (9:29)
Commenting
on this verse, Imam Qurtubi says,
“Our
scholars have said, “The Qur'an implies that the Jizyah will be taken
from those who fight, because this verse (9:29) requires the obligation of Jizyah
on the one who fights” (Tafsir-e-Qurtubi)
So does
it mean to put them in hardship and trouble, deprive them of their freedom and
impose a tax upon them more than they can afford?
Or is
it the vast mercy of Islam that extends to all worlds? Allah Almighty says,
“And We have not sent you, [O Muhammad], except as a mercy to the worlds.”
(21:107)
What
warnings has Islam issued for the peace and security of the Dhimmis?
There
are many examples in the Holy Qur'an, Hadiths and the biography of the
Companions (Sahaba) of removing oppression and suffering from the dhimmis.
Some examples are as follows;
Allah
Almighty says, “Allah does not forbid you from those who do not fight you
because of religion and do not expel you from your homes - from being righteous
toward them and acting justly toward them. Indeed, Allah loves those who act
justly.” (60:8)
The
Prophet (peace be upon him) said, “Whoever killed a Mu'ahid (a person
who is granted the pledge of protection by the Muslims) shall not smell the
fragrance of Paradise though its fragrance can be smelt at a distance of forty
years (of travelling)” (Sahih al-Bukhari: 3166)
The
Messenger of Allah (peace be upon him) also said, “Beware, if anyone wrongs a
contracting man, or diminishes his right, or forces him to work beyond his
capacity, or takes from him anything without his consent, I shall plead for him
on the Day of Judgment.” (Sunan Kubra: 18511)
The
wisdom behind the legality of Jizyah
Islam
has treated non-Muslims well by imposing Jizyah for their protection,
without forcing them to convert to Islam.
Hazrat
Allama Naeem-ud-Din Muradabadi writes, "The wisdom behind the legislation
of Jizyah is that the non-Muslims should be given a chance to observe the
merits and proofs of Islam and analyze the attributes mentioned in the previous
books so that they may embrace Islam. [Tafsir Khazain Al-Irfan, Surah
At-Tawbah: 29]
If the dhimmi
embraces Islam, then that Jizyah is also waived from it, as was
explained by Hazrat Sufyan al-Thawri. He said: When a person embraces Islam, he
is not obligated to pay the Jizyah. [Sunan Abu Dawood: 3054]
Dear
readers!
From
the above facts, it became clearer than the sun that the rights which Islam has
given to the dhimmis were not imagined before and that there was no
example for such rights before Islam.
Summary: Islam is the religion of truth, justice and
mercy, whereby the whole of humanity is inundated with clouds of pleasure and
grace. The Quran and Sunnah are the convincing texts of Islam to refute
those persons who slander about the legality of Jizyah and other related
issues of Islam and give the silencing answer to every suspicion of these
liars.
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Mustafa Kamal Azhari, the son of a popular Sunni debator Allama Sagheer Ahmad Jokhanpuri, is a classical Islamic scholar (Aalim and Fazil). Presently he is doing research work in the Faculty of Theology at Al-Azhar University, Cairo, Egypt.
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