Islamophobic Agenda about the Islamic Jizyah Narrative: Myth or Reality?
By
Ghulam Ghaus Siddiqi, New Age Islam
10 February
2024
Throughout history, Jizyah—a system that
offered protection to minorities in return for a tributary tax—has been common,
especially in the Near East. Islam revised and altered the pre-Islamic Jizyah
tax system, but it is no longer enforced in any Muslim countries. Al-Azhar
University in Egypt, a reputable institution, asserts that the Jizyah is no
longer applicable due to international law and multilateral agreements.
However, Jizyah is a term that Islamophobes frequently use in their writing in
an attempt to incite conflict between Muslims and non-Muslims and to weaken the
democratic standards that both groups have come to accept. This makes this article vital reading for
everyone who wants to dispel false information about Jizyah and counter the
hateful, Islamophobic agenda.
------
Historically
speaking, Jizyah was not an Islamic invention. In the past, Jizyah was a system
that provided security to minorities in return for a tributary tax. This
institution predated Islam and continued to operate outside the Islamic state
as well. In other words, it was customary throughout history, particularly in
the Near East. When Islam came, it modified and updated the pre-Islamic Jizyah
tax system while maintaining its core elements.
Since no
Islamic or Muslim nation on earth currently enforces the Jizyah, you would be
shocked to learn why I am writing about it. It is well known that the hard-line
groups associated with the Taliban and ISIS formerly claimed to be calling for
the Jizyah; they are no longer able to do so because of their downfall. The
fact that Al-Azhar University in Egypt, a reputable institution among mainstream
Muslims, has consistently asserted that the Jizyah is no longer applicable
given the current global situation is extremely intriguing. This is because
international law and multilateral agreements with contractual obligations have
made everyone in the world a contractually protected individual, or Mu'ahid,
rather than a dhimmi.
However,
hatemongers and Islamophobes never give up when they hear or see the word
"Jizyah." Therefore, they will never stop inciting fear and spreading
false information about dhimmis and the Jizyah.
This is a
study on the Islamic concept of Jizyah by Maulana Zafar Sahasrami, a classical
scholar. He wrote this article in Urdu initially, and then Dr. Khushtar Noorani
translated and published it in his book "Islam, Jihad, and Terrorism."
I made some changes to this translation in the editing process, which I am
sharing with interested readers below.
-----
Imposition
of Jizyah on Non-Muslims in Islamic States: Reality and Myth
By
Maulana Malikul Zafar Sahasrami
Terminologically, Jizyah is the poll or capitation tax imposed on a non-Muslim subject in an Islamic state where he enjoys the security of his person and property by virtue of his accepting the sovereignty of the Islamic state. Sadly enough, it has drawn harsh criticism and condemnation from the enemies of Islam. In their propaganda campaign, they brand it as an unjustified and unjust act. The sense of reality in Jizyah does not dawn upon them. They are critical of it due to their parochial bias. So far as the scholarly orientalists are concerned, they seem to be shamelessly prejudiced. This is the reason that they do not bring out the reality of Jizyah to the people who do not deem it fit. No wonder; one’s scrutiny of Jizyah in light of the true Islamic concept will dispel all doubts surrounding it.
As regards
the imposition of the capitation tax, Imam Azam Abu Haneefa divided the
non-Muslims into three classes: 1) the capitalist class; 2) the middle class;
and 3) the poor class. The amount of Jizyah levied on the capitalist class is
four Dirhams per month, that is, forty-eight Dirhams per annum. When converted
into rupees, according to the current rate, it comes to approximately Rs 1250
per annum. The amount of capitation tax supposed to be paid by the middle class
is twenty-four Dirhams per annum, that is, Rs. 625. The amount of the poll tax
imposed on the poor class is twelve Dirhams per annum, which comes to Rs. 300
per annum.
Upon closer
examination, it becomes apparent that the Jizyah, enforced by the Islamic State
in return for military protection of life and property, is almost nought. It is
by no means be considered a burden. It is also important to remember that in
the Islamic state, Muslims pay a higher amount than non-Muslims do. All
Muslims, male or female, young or old, are required to pay the required alms
and provide Zakat on earthly produce. They are also required to dispense
charity. Non-Muslim women and children will not be subject to any taxes on the
money they have put in the public treasury.
It is important to make clear that not all non-Muslims are subject to a
poll tax. Islam has, in this regard, prescribed certain conditions. If the
preconditions are not fulfilled, the injunction of Jizyah stands null and void.
In light of the conditions prescribed by Islamic jurisprudence, insane people,
minor children, women, handicapped people, blind people, chronic patients,
unemployed people, and decrepit old men stay exempt. Are these merits and
strengths of Islam not adequate and sound enough to frustrate those enemies who
falsely accuse that it exerts pressure on the non-Muslims to embrace it?
These
humane sides of Islam demolish their baseless charges. Let us further read the
hollowness of their culpably false charges in light of the events and instructions.
Imam Abu Yusuf, with reference to Khalid bin Waleed, writes in his book,
Kitabul Khiraj:
“The command of Jizyah stands null and void if
a man grows decrepit, suffers from a physical ailment, becomes the recipient of
alms and charity donated by a member of his religion, or has been reduced to
destitution. As long as he stays in the Islamic state, the expenses of the
members of his family, along with his own, for that matter, will be met from
the public treasury.” [Kitabul Khiraj; p. 146; op. cit. Zia-un-Nabi; Vol. 4,
pp. 308–309]
Imam Abu
Yusuf records another event in his book ‘Kitabul Khiraj’:
During his caliphate, Farooq-e-Azam, while
passing through a street, saw an old man stretching his hands in front of a
door. Farooq-e-Azam went to him and asked him the reason for his begging. The
old man answered that he had to pay the poll tax. He added that since he was a
decrepit old man, he could not earn. So, he was begging. Farooq-e-Azam took him
to his home and gave him something. Thereafter, he called the treasurer of the
public treasury and directed him to take care of him along with those who were
like him. The caliph added; I swear by Allah; I did not oblige him. We imposed
a poll tax on him when he was young and earned money. But as he grew older, we
ignored him. Then he recited this verse: “Alms are for the poor and the needy”
[Surah Tauba: Verse 60/9:60]. He waived off the poll tax due on the decrepit
old man and all those who were as decrepit as he. He declared it to be the
responsibility of the public treasury to provide for them. [Kitabul Khiraj, Op.
cit., ibid.]
As recorded
by Bilazari, during the caliphate of Umar bin Khattab (may Allah be pleased
with him), some Christian lepers were given pensions from the public treasury.
Besides food, they were also given cash. Abdullah bin Arqam (may Allah be
pleased with him) was appointed to collect the poll tax from the Dhimmis,
non-Muslim subjects in an Islamic state, with the following instructions:
“Listen to my instructions attentively. One who
subjects a Dhimmi to oppression, inflicts punishment more than he can tolerate,
causes him harm, or takes anything from his possession against his wish and
pleasure will be caught by me on the Day of Judgement.” [Kitbaul Khiraj, p.
150]
As reported
by Nafe, on the authority of Ibn Umar, the Prophet’s last admonition while
leaving for a heavenly abode was as follows:
“Carry out the responsibility of protecting
their persons and property, the responsibility that I shouldered.”
[Al-Ahkam-e-Sultaniya, 1974, p. 154]
Imam Abu
Yusuf writes that when Umar bin Khattab was seriously injured, on the verge of
breathing his last, he left his will that concerns the non-Muslim subjects in
an Islamic state. The will goes as follows:
“I leave my will regarding the non-Muslim subjects
for the caliph who will succeed me. In other words, he will fulfil the covenant
he made with them. If an army—internal or external—attacks them, he should
protect them with the help of his army. Do not impose such a burden on them as
they cannot bear.” [Kitabul Khiraj; p.149]
A Muslim
killed a non-Muslim subject of an Islamic state in the early days of the
religion without a legal justification. The Prophet (peace be upon him) then
stated:
“My first and foremost duty is to shoulder my
responsibilities.” [Enayah: Sharh-e-Hidayah; Vol. 8, p. 256]
For the
maintenance of a high standard of justice, the prophet chopped off his head as
per the retribution rule of Islamic law. The same kind of event took place
during the caliphate of Ali (may Allah be pleased with him). The brother of the
person killed forgave the murderer. But the caliph was not satisfied with it.
So, he sent for the brother and added:
“Perhaps you forgave the retribution because
they threatened you. The brother of the person said, “Ammerul Mumineen! It is
not so. I forgave the retribution after I took the blood money. Then he
released the murderer and said, “The blood of our Dhimmi is like our blood. His
money is like your blood money. A Muslim during Faruq-e-Azam's caliphate killed
a dhimmi of Heera. The case was brought to the court of Faruq-e-Azam. He got
the murderer arrested and handed over to the descendants who put him to death.”
[Burhan Sharh-e-Mawahib Ar-Rahman, Vol. 2, p. 287]
There is
another note-worthy event. Once, a delegate of the Dhimmis from Samarqand came
to Umar Bin Abdul Azeez with some complaints against Qainuqah, the commander of
a Muslim army. The complaint was that he had banished the Dhimmis from a city
to let the Muslims settle down there. Umar bin Abdul Azeez directed the Islamic
governor of Samarqand to constitute a special court for the hearing of the case
of Qanuqah and the complainants. As per the direction, a panel of Islamic
judges under the supervision of Jamee bin Al-Hazir Al-Babi was constituted. The
court decided in favour of the Dhimmis and ordered the Muslims to vacate the
city. The Prophet said:
“Allah makes his entry into heaven banned or
forbidden for anyone who kills a Dhimmi without fault.”
The rule of
Islamic law does not discriminate between Muslims and Dhimmis. Everyone—poor,
rich, Muslim, non-Muslim, and so on—is equal in the sight of Islamic laws.
The Islamic
state enjoys the power to order any Muslim to serve in the army for the
protection and security of the country. However, the Islamic state cannot
impose a command on the non-Muslim subjects to do the same. So, as a sort of
substitution and for the safeguard and security of the country, they are
imposed poll tax. Regarding the poll tax, read for yourself the texts of some
covenant letters. The following letter was sent to the people of Quds after the
Muslims became the custodians of Baitul Maqdis. The text of the letter is
presented with reference to Tabari’s history:
“In the name of Allah, the Most Merciful, the
Most Beneficent; this is a letter that Umar wrote to the people of Baitul
Maqdis. Their persons, properties, churches, crosses, sick, and healthy stay
under protection. Their churches should neither be used as resorts nor should
they be demolished. Their churches, the surrounding buildings, and their
properties should not be tampered with. There should be no compulsion in the
matter of religion. They should not be imposed trouble.” [Tareekh-e-Tabari:
Volume 1, p. 245]
The text of
the pact concluded between Khalid Bin Waleed and Salubabin Nastuna, the
representative of Heera, is as follows:
“In the name of Allah, the Most Merciful, the
Most Beneficent, this letter is from Khalid bin Waleed to Salubabin and the
members of his community. I make a pact; if I can defend your person and
property, I shall impose a tax on you. In the event of failure, I will not
reserve the right to levy tax on you.” [Tareekhul Umam wal Malook: 1939, Vol.
4, p. 16]
Let us also
excerpt from a letter that the commander of the Iranian Muslims wrote to the
Jurjana's emperor.
“In the
name of Allah, the Most Merciful, the Most Beneficent, this letter is to Suwal
bin Razban and the people of Dahistan and Jurjan. It is incumbent on you to
fulfil the conditions of the pact. It is obligatory on us to protect and
safeguard you.”
Imam Yusuf
explains the pacts, regarding poll tax, drawn between Muslims and non-Muslim
subjects in an Islamic state in Kitabul Khiraj:
“The Muslims will encounter the enemies, who
attack the Dhimmis. They will safeguard them against the enemies on the
condition that they pay them a poll tax. Entire Syria was thus conquered.”
[Kitabul Khiraj, p. 165]
The
aforementioned explanation makes it clear that the poll tax is not
unnecessarily imposed. It is imposed for the protection of persons and property
the Islamic State guarantees. Allama Ibn Usaid Andalusi comments on poll tax in
his book ‘Al-Muqaddamat’:
“The poll tax imposed per year on non-Muslim
subjects in an Islamic state is in return for protection. Under its protection,
non-Muslim subjects lead their levies peacefully. The Muslims will fight their
enemies to save them. These non-Muslim subjects will not be made to fight
Jihad, which is a religious duty of the Muslims alone.”
The
above-quoted lines present the true picture of the poll tax. Now, if someone
stoops to go against the tolerance of Islam, it is nothing but his parochial
bias. If one scrutinises the true spirit of the poll tax imposed by Islam from
the correct perspective, he will develop awareness and surely alter his
preconceived notions against Islam.
History
bears witness to the fact that sometimes the Muslims failed to defend and
protect the non-Muslim subjects of an Islamic state. But the Muslims had been
true to their pact. Owing to their failure to safeguard the Dhimmis, they
returned the poll tax.
Under the
leadership of Abu Obaida bin Jarrah, the Islamic army took control of Syria,
Palestine, and Lebanon. A few locations were still under the control of the
adversaries of Islam. Harqal-e-Azam left no stone unturned. To save his
territory, he was all ready to lay down his life along with that of his people.
He tried to gather disintegrating power. He knew that he would be able to give
the Muslims a crushing defeat if his people stood united. Abu Ubaidah, on the
other hand, also smelt the war strategy. He ordered all of his army leaders to
gather in one place to vanquish the enemies of Islam. Abu Ubaidah also directed
and instructed the leaders of the army to return the amount to the Dhimmis
taken from them as poll tax for their safeguard. It was difficult for them to
render their duties to them in such a situation. When the army leader set out
from their respective places, the announcement was made:
“O dhimmis! We had collected poll tax from you
in order to safeguard you against outside attacks. Sadly enough, we cannot
render our duties now, so we are returning the poll tax collected from you.”
People did
not believe in what was announced. But they were taken aback when their money
was returned to them. With tears in their eyes, the Dhimmis wished them
good-bye with the following words:
“No one can stop you; it is a must for you to
go. But rest assured that we will wait for you eagerly. We would like to listen
to the clatter of the hooves of your horses. It is so because we loved your
slavery more than this freedom. We would love for you to return as our rulers.”
The amount
returned to the Dhimmis was not small. The amount returned to the Dhimmis of
one city came to be seven lakh Dirhams. The poll tax also refers to the fact
that those who pay it will no longer be responsible for fulfilling their duties
towards the protection of the nation. So, when the Dhimmis were ready to serve
the nation and protect it, the poll tax collected from them was returned to
them. The king of Albab, a region near Armenia, demanded Suraqa bin Amr, the
governor of Albab:
"...that their poll tax should be waived
off. They will side with them against their enemies and fight bravely. Suraqa
agreed. He apprised Umar bin Khattab, the Caliph, of it. Umar bin Khattab not
only approved of it but also praised this step." [Tareekhul Umam Wal
Muluk, Vo: 5, p. 256]
Allama
Yaqootul Hamwi records the same report in his book. It concerns the people of
Jarjuma, near Antakiya. He writes:
“Abu Ubaida
appointed Habeeb Bin Muslema Al-Fahari as the Governor of Antakiya. He attacked
Jarjuma. The people of Jarjuma entered into a pact with him on the following
conditions: that they would side with the Muslims against their enemies. They
will spy on their enemies, provided that no poll tax is collected from them.”
[Mu-ajmul Buldan, Vol. 2, p. 123]
Tabari also
documented an agreement made between the Azerbaijani people and Utgbah bin
Farqad:
“In the name of Allah, the Most Merciful, the
Most Beneficent, it is the letter of covenant from Utbah bin Farqad, the
vicegerent of Umar bin Khattab, the Caliph. A pact was drawn that he would
protect the lives of those who live on the plain, mountains, and outskirts.
Their persons and properties were supposed to be protected if they paid the
poll tax according to their capacity. Those who would fight Jihad with the
Muslims would be waived.” [Tareekh Tabari, Vol. 5, p. 25]
Islam
approves of no pressure or force exerted on the Dhimmis to pay the poll tax. As
recorded in Kitabul Khiraj, Ali (may Allah be pleased with him) instructed:
“Do not take their winter and summer clothes,
eatables, and animals they use for farming under the name of collecting poll
tax. Do not give blows with a whip to anyone for collecting the poll tax, nor
ask anyone to remain standing as a punishment, nor do the auction of another’s
possessions or anything else for collecting the poll tax. We have appointed
their masters. Now it is obligatory for us to collect the poll tax from them in
a graceful way. If you disobey discipline, Allah will take you to task. If I
gather information about your failure to carry out my order, I will dismiss
you.” [Kitabul Khiraj, p. 18]
In
‘Mushkilatul Hadith’, Imam Tahawi instructed Abu Ubaidah bin Jarrah (may Allah
be pleased with him), the conqueror of Syria, with reference to Faruq-e-Azam:
“Command the Muslims not to persecute the
Dhimmis, not to harm them, not to take their wealth, but to do so as prescribed
by Islam.”
Islam
denounces the act of persecution, oppression, or any other wrong done to
non-Muslim subjects in an Islamic state. The protection of their persons and
properties is as essential as the protection of the persons and properties of
the Muslims. The Prophet (peace be upon him) is reported to have said:
“One who kills a non-Muslim subject—who has
entered into a pact—will never be able to smell the fragrance of heaven.”
[Bukhari]
When, for
the first time, Baitul Maqdis was conquered, Caliph Umar bin Khattab went to
Baitul Maqdis. He visited the holy places with a Christian guide, namely
Butrairak. During his visit to the holy places, the Muazzin sounded the call
for Salaat. The guide asked him to offer Salaat in the church. But Umar
declined, with a view to championing the rights of the Dhimmis. He added:
“If I offer Salaat in your church, the next
generation of Muslims may claim your church with the instance of my prostration
here. The people will raise doubt and question the tolerance and justice
preached by Islam.”
Islam
prohibits believers from subjecting non-Muslim subjects to any sort of
indignity. Simultaneously, it punishes any Muslim who subjects an individual
non-believer to persecution. Orientalists also accept the fact that Islam does
not persecute non-Muslim subjects in the name of collecting poll tax. Philip K.
Hitti writes:
“Poll taxes were collected from non-Muslim
subjects very mildly and gently. The legal decisions in their cases were heard
and delivered by their religious leaders.” [Op. cit: Seeratun-Nabi, Vol. 4, p.
506]
For a
better understanding of the poll tax, read for yourself the statement of Hazrat
Ali (may Allah be pleased with him):
“Verily, the Muslims accepted the pact of the
Dhimmis so that their properties and blood might be like the properties and
blood of the Muslims.”
We hope
that the above pieces of evidence will not only dispel the doubts but also
afford insight into the true spirit of the poll tax.
-----
The
Jizyah, a religious rule in Islam, is no longer enforced in any Muslim
countries. Al-Azhar University in Egypt, a reputable institution, asserts that
the Jizyah is no longer applicable due to international law and multilateral
agreements. However, Jizyah is a term that Islamophobes frequently use in their
writing in an attempt to incite conflict between Muslims and non-Muslims and to
weaken the democratic standards that both groups have come to accept. This makes this article vital reading for
everyone who wants to dispel false information about Jizyah and counter the
hateful, Islamophobic agenda.
-----
A regular Columnist with NewAgeIslam.com, Ghulam
Ghaus Siddiqi Dehlvi is an Alim and Fazil (Classical Islamic scholar), with a
Sufi-Sunni background and English-Arabic-Urdu Translator. He has also done B. A
(Hons.) in Arabic, M.A. in Arabic and M.A. in English from JMI, New Delhi. He
is interested in Islamic Sciences; Theology, Jurisprudence, Tafsir, Hadith and
Islamic mysticism (Tasawwuf).
URL: https://newageislam.com/muslims-islamophobia/islamophobic-islamic-jizyah-myth/d/131690