The Quran and hadiths mention jizya without specifying its rate or amount. However, scholars largely agree that early Muslim rulers adapted existing systems of taxation and tribute that were established under previous rulers of the conquered lands, such as those of the Byzantine and Sasanian empires.
The application of jizya varied in the course of Islamic history. Together with khar?j, a term that was sometimes used interchangeably with jizya, taxes levied on non-Muslim subjects were among the main sources of revenues collected by some Islamic polities, such as the Ottoman Empire. Jizya rate was usually a fixed annual amount depending on the financial capability of the payer. 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.
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' submission to the Muslim state and its laws. Jizya has also been understood by some as a badge or state of humiliation of the non-Muslims in a Muslim state for not converting to Islam, while others argue that if it were meant to be a punishment for the dhimmis' unbelief then monks and the clergy wouldn't have been exempted.
The term appears in the Quran referring to a tax or tribute from People of the Book, specifically Jews and Christians.
Followers of other religions like Zoroastrians and Hindus too were later integrated into the category of dhimmis and required to pay jizya. In the Indian Subcontinent the practice was eradicated by the 18th century. It almost vanished during the 20th century with disappearance of Islamic states and 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.
Some modern Islamic scholars have argued that jizya should be paid by non-Muslim subjects of an Islamic state, offering different rationales. For example, Sayyid Qutb saw it as punishment for "polytheism", while Abdul Rahman Doi viewed it as a counterpart of the zakat tax paid by Muslims. According to Khaled Abou El Fadl, moderate Muslims reject the dhimma system, which encompasses jizya, as inappropriate for the age of nation-states and democracies.
Etymology and meaning
Commentators disagree on the definition and derivation of the word jizya:
Al-Raghib al-Isfahani (d. 1108), a classical Muslim lexicographer, points out that derivates of the word jizya appear in some Qurnic verses such as, Such is the reward (jaz) of those who purify themselves (Q 20:76), While those who believed and did good deeds will have the best of rewards (Q 18:88), And the retribution for an evil act is an evil one like it, but whoever pardons and makes reconciliation - his reward is [due] from God (Q 42:40), And will reward them for what they patiently endured [with] a garden [in Paradise] and silk [garments] (Q 76:12), and be repaid only according to your deeds (Q 37:39). And he writes about jizya: "A tax that is levied on Dhimmis, and it is so named because it is in return for the protection they are guaranteed."
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 hadith scholaral-Bayhaqi relate that some members of the Christian community asked ?Umar ibn al-Khattab if they could refer to the jizya as sadaqah, literally "charity", which he agreed to. Based on this historical event, the majority of jurists from Sh?fis, ?anaf?s and ?anbal?s state that it is lawful to take the jizya from ahl al-dhimmah by name of zak?t or ?adaqah, meaning it isn't 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.'
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.
Michael G. Morony states that the emergence of "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. 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."
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, Qudama, Khatib and Yahya used the terms Jizya, Kharaj, Ushr and Tasq as synonyms.
Ann Lambton writes that the origins of jizya are extremely complex, regarded by some jurists as "compensation paid by non-Muslims for being spared from death" and by others as "compensation for living in Muslim lands."
Most Muslim jurists and scholars regard the jizya as a special payment collected from certain non-Muslims in return for the responsibility of protection fulfilled by Muslims against any type of aggression, as well as for non-Muslims being exempt from military service, 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." Early Hanafi jurist Abu Yusuf writes:
'After Abu ?Ubaydah concluded a peace treaty with the people of Syria and had collected from them the jizya and the tax for agrarian land (khar?j), he was informed that the Romans were readying for battle against him and that the situation had become critical for him and the Muslims. Abu ?Ubaydah then wrote to the governors of the cities with whom pacts had been concluded that they must return the sums collected from jizya and khar?j and say to their subjects: "We return to you your money because we have been informed that troops are being raised against us. In our agreement you stipulated that we protect you, but we are unable to do so. Therefore, we now return to you what we have taken from you, and we will abide by the stipulation and what has been written down, if God grants us victory over them."'
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. Moreover, 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. The orientalistThomas Walker Arnold writes that even Muslims were made to pay a tax if they were exempted from military service, like non-Muslims. Thus, the Shafi'i scholar al-Khab ash-Shirb?niy 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."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 hostilities. According to Abu Kalam Azad, one of the main objectives of jizya was to facilitate a peaceful 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. 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."
The second rationale offered by Islamic scholars for the imposition of Jizya tax on non-Muslims is that it was a substitute to the requirement of zakat tax from Muslims.
Thirdly, jizya created a place for the inclusion of a non-Muslim dhimmi in a land owned and ruled by a Muslim, where routine payment of jizya was a tool of social stratification and treasury's revenue.[not specific enough to verify]
Finally, jizya served as a reminder of subordination of a non-Muslim under Muslims, and created a financial and political incentive for dhimmis to convert to Islam.[need quotation to verify] The Muslim jurist and theologian Fakhr al-Din al-Razi suggested in his interpretation of Q.9:29 that jizya is an incentive to convert. Taking it is not intended to preserve the existence of disbelief (kufr) in the world. Rather, he argues, jizya allows the non-Muslim to live amongst Muslims and take part in Islamic civilization in the hope that the non-Muslim will convert to Islam.
In the Qur'an
Jizya is sanctioned by the Qur'an based on the following verse:
Fight those who believe not in God and in the Last Day, and who do not forbid what God and His Messenger have forbidden, and who follow not the Religion of Truth among those who were given the Book, till they pay the jizyah with a willing hand, being humbled. (tr. The Study Quran)
Fight those of the People of the Book who do not [truly] believe in God and the Last Day, who do not forbid what God and His Messenger have forbidden, who do not behave according to the rule of justice, until they pay the tax and submit to it. (tr. Abdel-Haleem)
1. Fight those who believe not in God and the Last Day (q?til?-lladh?na l? yu?min?na bi-ll?hi wa-l? bi-l-yawmi-l-?khir)
Muhammad Sa'id Ramadan al-Buti says commenting on this verse, 'the verse commands qit?l (?) 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 q?taltu () 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.' Commenting on the jizya verse, Ab? ?ayy?n states, 'they are so described because their way [of acting] is the way of those who do not believe in God,' while Ahmad Al-Maragh? comments on it: "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 lead to Tabuk."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.
2. Do not forbid what God and His Messenger have forbidden (wa-l? yu?arrim?na m? ?arrama-ll?hu wa-ras?luh)
The closest and most viable cause must relate to jizya, that is, unlawfully consuming what belongs to the Muslim state, which, al-Bayw? explains, 'it has been decided that they should give', 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 the Prophet Mu?ammad 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 Mu?ammad 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 // Who do not behave according to the rule of justice (wa-l? yad?n?na d?na'l-?aqq)
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 d?na'l-?aqq as "rule of justice". The main meaning of the Arabic d?na is 'he obeyed', and one of the many meanings of d?n is 'behaviour' (al-s?ra wa'l-da). The famous Arabic lexicographerFayr?zab?d? (d. 817/1415), gives more than twelve meanings for the word d?n, placing the meaning 'worship of God, religion' lower in the list.Al-Mu?jam al-was gives the following definition: '"d?na" is to be in the habit of doing something good or bad; "d?na bi- something" is to take it as a religion and worship God through it'. Thus, when the verb d?na is used in the sense of 'to believe' or 'to practise a religion', it takes the preposition bi- after it (e.g. d?na bi'l-Isl?m) and this is the only usage in which the word means religion. The jizya verse does not say l? yad?n?na bi-d?ni'l-?aqq, but rather l? yad?n?na d?na'l-?aqq. Abdel-Haleem thus concludes that the meaning that fits the jizya verse is thus 'those who do not follow the way of justice (al-?aqq)', i.e. by breaking their agreement and refusing to pay what is due.
4. Until they pay jizya with their own hands (?att? yu'-l-jizyata 'an yadin).
Here ?an 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. al-?abar? 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. 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 ghir?n).
Mark R. Cohen writes that 'while they are subdued' was interpreted by many to mean "humiliated state of the non-Muslims". According to Ziauddin Ahmed, in the view of the majority of Fuqah? (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 ?ad?th, 'May God have mercy on the man who is liberal and easy-going (sam?) 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." This understanding is reiterated by the Hanbali jurist Ibn Qayyim al-Jawziyya, who interprets wa-hum ghir?n as making all subjects of the state obey the law and, in the case of the People of the Book, pay the jizya.
In the classical era
Liability and exemptions
Rules for liability and exemptions of jizya formulated by jurists in the early Abbasid period appear to have remained generally valid thereafter.
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-Q Ab? Ya?l? states, "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. The Maliki scholar Al-Qurtubi writes that, "there is a consensus amongst Islamic scholars that jizya is to be taken only from heads of free men past puberty, who are the ones fighting, but not from women, the children, the slaves, the insane, and the dying old." The 13th century Shafi'i scholar Al-Nawaw? wrote that a "woman, a hermaphrodite, a slave even when partially enfranchised, a minor and a lunatic are exempt from jizya." The 14th century Hanbali scholar Ibn Qayyim wrote, "And there is no Jizya upon the aged, one suffering from chronic disease, the blind, and the patient who has no hope of recovery and has despaired of his health, even if they have enough."Ibn Qayyim adds, referring to the four Sunnimaddhabs: "There is no Jizya on the kids, women and the insane. This is the view of the four imams and their followers. Ibn Mundhir said, 'I do not know anyone to have differed with them.' Ibn Qudama said in al-Mughni, 'We do not know of any difference of opinion among the learned on this issue." In contrast, the Sh?fi'? jurist Al-Nawaw? wrote: "Our school insists upon the payment of the poll-tax by sickly persons, old men, even if decrepit, blind men, monks, workmen, and poor persons incapable of exercising a trade. As for people who seem to be insolvent at the end of the year, the sum of the poll tax remained as debt to their account until they should become solvent."Abu Hanifa, in one of his opinions, and Abu Yusuf held that monks were subject to jizya if they worked. Ibn Qayyim stated that the dhahir opinion of Ibn Hanbal is that peasants and cultivators were also exempted from jizya.
The sources of jizya and the practices varied significantly over Islamic history.[not specific enough to verify][not specific enough to verify]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 Sh?fi'? jurists who were influential in Egypt at the time. 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. Ashtor and Bornstein-Makovetsky infer from Geniza documents that jizya was also collected in Egypt from the age of nine in the 11th century.
Rate of jizya tax
The rates of jizya were not uniform. By the time of Mohammed, the jiyza rate was one dinar per year imposed on male dhimmis in Medina, Mecca, Khaibar, Yemen, and Nejran and maximum of twelve dirhams under Achtiname of Muhammad for Saint Catherine's Monastery. According to Muhammad Hamidullah, the rate of ten dirhams per annum represented the expenses of an average family for ten days.Abu Yusuf, the chief qadhi of the caliph Harun al-Rashid, states that there was no amount permanently fixed for the tax, though the payment usually depended on wealth: the Kitab al-Kharaj of Abu Yusuf sets the amounts at 48 dirhams for the richest (e.g. moneychangers), 24 for those of moderate wealth, and 12 for craftsmen and manual laborers? Moreover, it could be paid in kind if desired; cattle, merchandise, household effects, even needles were to be accepted in lieu of specie (coins), but not pigs, wine, or dead animals.
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 rate of jizya that were fixed and implemented by the second caliph of the Rashidun Caliphate, namely 'Umar bin al-Khattab, during the period of his Khilafah, were small amounts: four dirhams from the rich, two dirhams from the middle class and only one dirham from the active poor who earned by working on wages, or by making or vending things. The 13th-century scholar Al-Nawaw? 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." Abu 'Ubayd insists that the dhimmis must not be burdened beyond their capacity, nor must they be caused to suffer.
Ibn Qudamah narrates three views in what concerns the rates of jizya. First, that it is a fixed amount that can't be changed, a view that is reportedly shared by Abu Hanifa and al-Shafi'i. Secondly, that it is up to the Imam (Muslim ruler) to make ijtih?d (independent reasoning) so as to decide whether to add or decrease. He gives the example of 'Umar making particular amounts for each class (the rich, the middle class and the active poor). Finally, the third opinion considered the strict minimum to be one dinar, but gave no upper bound concerning the maximum amount.Ibn Khaldun states that jizya has fixed limits that cannot be exceeded. In the classical manual of Shafi'ifiqhReliance of the Traveller it is stated that, "[t]he minimum non-Muslim poll tax is one dinar (n: 4.235 grams of gold) per person (A: per year). The maximum is whatever both sides agree upon."
Ann Lambton states that the jizya was to be paid "in humiliating conditions". 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. 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-Nawaw?, 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 rightly-guided caliphs did any such thing when collecting the jizya."Ibn Qudamah also rejected this practice and noted that Muhammad and the Rashidun caliphs encouraged that jizya be collected with gentleness and kindness.
The Maliki scholar Al-Qurtubi states, "their punishment in case of non-payment [of jizya] while they were able [to do so] is permitted; however, if their inability to pay it was clear then it isn't lawful to punish them, since, if one isn't able to pay the jizya, then he is exempted". According to Abu Yusuf, jurist of the fifth AbbasidCaliphHarun 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.
Failure to pay the jizya was commonly punished by house arrest and some legal authorities allowed enslavement of dhimmis for non-payment of taxes. 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.
Use of jizya tax
Jizya was considered as one of the basic tax revenue for the early Islamic state along with zakat, kharaj, and others, and was collected by the Bayt al-Mal (public treasury). Holger Weiss states that four-fifths of the fay revenue, that is jizya and kharaj, goes to the public treasury according to the Shafi'i madhhab, whereas the Hanafi and Maliki madhhabs state that the entire fay goes to the public treasury.
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.is
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 that needy and infirm dhimmis be supported from the Bayt al-Mal, which some authors hold to be representative of Islam. Evidence of jizya benefitting non-residents and temporary residents of an Islamic state is found in the treaty Khalid bin al-Walid concluded with the people of Al-Hirah of Iraq, wherein any aged person who was weak, had lost his or her ability to work, fallen ill, or who had been rich but became poor, would be exempt from jiyza and his or livelihood and the livelihood of his or her dependents, who were not living permanently in the Islamic state, would be met by Bayt al-Mal. Hasan Shah states that non-Muslim women, children, indigent, slaves, aren't only exempted from the payment of jizya, but they are also helped by stipends from the public treasury when necessary.
The history of the origins of the jizya is very complex for the following reasons:
Abbasid-era authors who systematized earlier historical writings, where the term "jizya" was used with different meanings, interpreted it according to the usage common in their own time;
the system established by the Arab conquest was not uniform, but rather resulted from a variety of agreements or decisions;
the earlier systems of taxation on which it was based are still imperfectly understood.
William Montgomery Watt traces its origin to a pre-Islamic practice among the Arabian nomads wherein a powerful tribe would agree to protect its weaker neighbors in exchange for a tribute, which would be refunded if the protection proved ineffectual.
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 it was to become later, but rather an annual percentage of produce and a fixed quantity of goods.
During the Tabuk campaign of 630 Muhammad sent letters to four towns in the northern Hejaz and Palestine urging 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 these 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 provided 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 reportedly sent by Muhammad to Yemen.W. Montgomery Watt has argued that this document was tampered with by early Muslim historians to reflect a later practice, while Norman Stillman holds it to be authentic.
Emergence of classical taxation system
Taxes levied on local populations in the wake of early Islamic conquests could be of three types, based on whether they were levied on individuals, on the land, or as collective tribute. During the first century of Islamic expansion, the words jizya and kharaj were used in all these three senses, with context distinguishing between individual and land taxes ("kharaj on the head", "jizya on land", and vice versa). In the words of Dennett, "since we are talking in terms of history, not in terms of philology, the problem is not what the taxes were called, but what we know they were." Regional variations in taxation at first reflected the diversity of previous systems. The Sasanian Empire had a general tax on land and a poll tax having several rates based on wealth, with an exemption for aristocracy. In Iraq, which was conquered mainly by force, Arabs controlled taxation through local administrators, keeping the graded poll tax, and likely increasing its rates to 1, 2 and 4 dinars. The aristocracy exemption was assumed by the new Arab-Muslim elite and shared by local aristocracy by means of conversion. The nature of Byzantine taxation remains partly unclear, but it appears to have involved taxes computed in proportion to agricultural production or number of working inhabitants in population centers. In Syria and upper Mesopotamia, which largely surrendered under treaties, taxes were calculated in proportion to the number of inhabitants at a fixed rate (generally 1 dinar per head). They were levied as collective tribute in population centers which preserved their autonomy and as a personal tax on large abandoned estates, often paid by peasants in produce. In post-conquest Egypt, most communities were taxed using a system which combined a land tax with a poll tax of 2 dinars per head. Collection of both was delegated to the community on the condition that the burden be divided among its members in the most equitable manner. In most of Iran and Central Asia local rulers paid a fixed tribute and maintained their autonomy in tax collection, using the Sasanian dual tax system in regions like Khorasan.
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 monasteries, 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 Iraqal-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.
In India, Islamic rulers imposed jizya on non-Muslims starting with the 11th century. The taxation practice included jizya and kharaj taxes. These terms were sometimes used interchangeably to mean poll tax and collective tribute, or just called kharaj-o-jizya.
Jizya expanded with 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. The Muslim court historian Ziauddin Barani recorded that Kazi Mughisuddin of Bayanah advised Al?' al-D?n 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 Sultanate's treasury. 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. 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 Brahmins from jizya; Firoz Shah extended it over all Hindus. He also announced that any Hindus who converted to Islam would become exempt from taxes and jizya as well as receive gifts from him. On those who chose to remain Hindus, he raised jizya tax rate.
In Kashmir, Sikandar Butshikan levied both jizya and zakat on Hindus. 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.
Jizya was later abolished by the third Mughal emperor Akbar, in 1579. However, Muhammad Aurangzeb, the sixth emperor, through his compilation of Fatawa-e-Alamgiri, re-introduced and levied jizya on non-Muslims in 1679, and even monks and beggars were not exempted. The jizya rate was more than twice the zakat tax rate paid by Muslims, which led to mass civil protests of 1679 in India. In some areas revolts led to its periodic suspension such as the 1704 AD suspension of jizya in Deccan region of India by Aurangzeb.
At the same, Aurangzeb employed significantly more non Muslims than any other Muslim ruler, and with the collected jizya many Hindu temples were constructed, and spent for their maintenance.
Jizya collected from Christian and Jewish communities was among the main sources of tax income of the Ottoman treasury. In some regions, such as Lebanon and Egypt, jizya was payable collectively by the Christian or the Jewish community, and was referred to as maqtu - in these cases the individual rate of jizya tax would vary, as the community would pitch in for those who could not afford to pay.[page needed]
In Persia, jizya was paid by Zoroastrian minority until 1884, when it was removed by pressure on the Qajar government from the Persian Zoroastrian Amelioration Fund.[full ]
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 coincide with the French colonization of these countries).
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 Jews of Kurdistan, according to the scholar Mordechai Zaken, preferred to pay the "baddal" tax in order to redeem themselves from military service. Only those incapable of paying the tax were drafted into the army. Zaken says that paying the tax was possible to an extent also during the war and some Jews paid 50 gold liras every year 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."
The jizya is no longer imposed by Muslim states. Nevertheless, there have been reports of non-Muslims in areas controlled by the Pakistani Taliban and ISIS being forced to pay the jizya.
In 2009, it was claimed that a group of militants that referred to themselves as the Taliban imposed the jizya on Pakistan's minority Sikh community after occupying some of their homes and kidnapping a Sikh leader. 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. Christians who refused to pay the tax would have to either convert to Islam or die. Wealthy Christians would have to pay the equivalent of USD $664 twice a year; poorer ones would be charged one-fourth that amount. 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: "[n]owadays, 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." According to Khaled Abou El Fadl, moderate Muslims generally reject the dhimma system, which encompasses jizya, as inappropriate for the age of nation-states and democracies.
Assessment and historical context
Some authors have characterized the complex of land and poll taxes in the pre-Abbasid era and implementation of the jizya poll tax in early modern South Asia as discriminatory and/or oppressive, and the majority of Islamic scholars, amongst whom are Al-Nawawi and Ibn Qudamah, have criticized humiliating aspects of its collection as contrary to Islamic principles. Discriminatory regulations were utilized by many pre-modern polities. However, W. Cleveland and M. Bunton assert that dhimma status represented "an unusually tolerant attitude for the era and stood in marked contrast to the practices of the Byzantine Empire". They add that the change from the Byzantine and Persian rule to Arab rule lowered taxes and allowed dhimmis to enjoy a measure of communal autonomy. According to Bernard Lewis, available evidence suggests that the change from Byzantine to Arab rule was "welcomed by many among the subject peoples, who found the new yoke far lighter than the old, both in taxation and in other matters".
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. 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 ?nalc?k, 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." The French polymath Gustave Le Bon wrote "that despite the fact that the incidence of taxation fell more heavily on a Muslim than a non-Muslim, the non-Muslim was free to enjoy equally well with every Muslim all the privileges afforded to the citizens of the state."Muhammad Abdel-Haleem states, "[t]he jizya is a very clear example of the acceptance of a multiplicity of cultures within the Islamic system, which allowed people of different faiths to live according to their own faiths, all contributing to the well-being of the state, Muslims through zak?t, and the ahl al-dhimma through jizya."
^ abAbou Al-Fadl 2002, p. 21. "When the Qur'an was revealed, it was common inside and outside of Arabia to levy poll taxes against alien groups. Building upon the historical practice, classical Muslim jurists argued that the poll tax is money collected by the Islamic polity from non-Muslims in return for the protection of the Muslim state. If the Muslim state was incapable of extending such protection to non-Muslims, it was not supposed to levy a poll tax."
^Jizyah The Oxford Dictionary of Islam (2010), Oxford University Press, Quote: Jizyah: Compensation. Poll tax levied on non-Muslims as a form of tribute and in exchange for an exemption from military service, based on Quran 9:29.
^ abcdefgEllethy 2014, p. 181. "[...] the insignificant amount of this yearly tax, the fact that it was progressive, that elders, poor people, handicapped, women, children, monks and hermits were exempted, leave no doubt about exploitation or persecution of those who did not accept Islam. Comparing its amount to the obligatory zaka which an ex-dhimmi should give to the Muslim state in case he converts to Islam dismisses the claim that its aim was forced conversions to Islam."
^ abAlshech, Eli (2003). "Islamic Law, Practice, and Legal Doctrine: Exempting the Poor from the Jizya under the Ayyubids (1171-1250)". Islamic Law and Society. 10 (3). ...jurists divided the dhimma community into two major groups. The first group consists of all adult, free, sane males among the dhimma community, while the second includes all other dhimmas (i.e., women, slaves, minors, and the insane). Jurists generally agree that members of the second group are to be granted a "blanket" exemption from jizya payment.
^ abRispler-Chaim, Vardit (2007). Disability in Islamic law. Dordrecht, the Netherlands: Springer. p. 44. ISBN978-1402050527. The Hanbali position is that boys, women, the mentally insane, the zamin, and the blind are exempt from paying jizya. This view is supposedly shared by the Hanafis, Shafi'is, and Malikis.
^ abBowering, Gerhard; Crone, Patricia; Mirza, Mahan; et al., eds. (2013). The Princeton encyclopedia of Islamic political thought. Princeton, N.J.: Princeton University Press. p. 283. ISBN978-0691134840. Free adult males who were not afflicted by any physical or mental illness were required to pay the jizya. Women, children, handicapped, the mentally ill, the elderly, and slaves were exempt, as were all travelers and foreigners who did not settle in Muslim lands. [...] As Islam spread, previous structures of taxation were replaced by the Islamic system, but Muslim leaders often adopted practices of the previous regimes in the application and collection of taxes.
^ abMapel, D.R. and Nardin, T., eds. (1999), International Society: Diverse Ethical Perspectives, p. 231. Princeton University Press. ISBN9780691049724. 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."
^ abcWalker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. pp. 61-2. ... the jizyah was levied on the able-bodied males, in lieu of the military service they would have been called upon to perform had they been Musalmans; and it is very noticeable that when any Christian people served in the Muslim army, they were exempted from the payment of this tax. Such was the case with the tribe of al-Jur?jima, a Christian tribe in the neighborhood of Antioch who made peace with the Muslims, promising to be their allies and fight on their side in battle, on condition that they should not be called upon to pay jizyah and should receive their proper share of the booty. (online)
^Mohammad, Gharipour (2014). Sacred Precincts: The Religious Architecture of Non-Muslim Communities Across the Islamic World. BRILL. p. XV. ISBN978-9004280229. Sources indicate that the taxation system of early Islam was not necessarily an innovation of Muslims; it appears that 'Umar adopted the same tax system as was common at the time of the conquest of that territory. The land tax or kharaj was an adapted version of the tax system used in Sassanid Persia. In Syria, 'Umar followed the Byzantine system of collecting two taxes based on the account of lands and heads.
^Shah 2008, p. 20. "Jizia was not a specific Islamic invention but was the norm of the time. "Several of the early caliphs made peace treaties with the Byzantine Empire some of which even required them to pay tribute [Jizia] to the Byzantines" (Streusand, 1997)."
^Morony, Michael (2005). Iraq after the Muslim conquest. NJ, USA: Gorgias Press. pp. 109, 99-134. ISBN978-1-59333-315-7.
^Levy, Reuben (2002). The social structure of Islam. London New York: Routledge. pp. 310-1. ISBN978-0-415-20910-6. "There is little doubt that in origin kharaj and jizya were interchangeable terms. In the Arabic papyri of the first century AH only jizya is mentioned, with the general meaning of tribute, while later the poll tax could be called kharaj ala ru'us ahl al-dhimma, i.e. a tax on the heads of protected peoples. The narrower meaning of the word is brought out by Abu Hanifa, "No individual can be liable at the same time to the zakat and to kharaj." [emphasis added]
^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"
^ abPeri, Oded (1990). "The Muslim waqf and the collection of jizya in late eighteenth-century Jerusalem". In Gilbar, Gad (ed.). Ottoman Palestine, 1800-1914 : Studies in economic and social history. Leiden: E.J. Brill. p. 287. ISBN978-90-04-07785-0. the jizya was one of the main sources of revenue accruing to the Ottoman state treasury as a whole.
^Abu Khalil, Shawkiy (2006). al-Isl?m f? Qafa? al-?Ittih?m ? ? (in Arabic). D?r al-Fikr. p. 149. ISBN978-1575470047. Quote: ? ? ? ? ? ? ? ? ? . ? ? ? ? . 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 (fuqara?). Those who do not have any means of livelihood or depend on support of others are exempted from paying the jizya." (online)
^The French scholar Gustave Le Bon writes "that despite the fact that the incidence of taxation fell more heavily on a Muslim than a non-Muslim, the non-Muslim was free to enjoy equally well with every Muslim all the privileges afforded to the citizens of the state." Mun'im Sirry (2014), Scriptural Polemics: The Qur'an and Other Religions, p. 179. Oxford University Press. ISBN978-0199359363.
^ abAbu Zahra, Muhammad. Zahrat al-Taf?s?r ? (in Arabic). Cairo: D?r al-Fikr al-?Arab?. pp. 3277-8. Quote: ? ? [...] ? ? ? ? ? ? ? ? ? ? ? [...] ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? . ? ? ? - ? - ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? . Translation: "And the money that the dhimm? 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 dhimm? community (ahl al-dhimma) as ?Im?m ?Umar 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 dhimm? 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 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 dhimm? community, and it is narrated that ?Umar - 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 ?Umar 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 ?Umar gave him a regular pension from the public treasury (Bayt al-M?l), and he then said to his servant: "Search for him and those like him, and give them out from the public treasury.""
^ abcAnver M. Emon. Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law. Oxford University Press. pp. 99-109. ISBN978-0199661633.
^ abcEsposito 1998, p. 34. "They replaced the conquered countries, indigenous rulers and armies, but preserved much of their government, bureaucracy, and culture. For many in the conquered territories, it was no more than an exchange of masters, one that brought peace to peoples demoralized and disaffected by the casualties and heavy taxation that resulted from the years of Byzantine-Persian warfare. Local communities were free to continue to follow their own way of life in internal, domestic affairs. In many ways, local populations found Muslim rule more flexible and tolerant than that of Byzantium and Persia. Religious communities were free to practice their faith to worship and be governed by their religious leaders and laws in such areas as marriage, divorce, and inheritance. In exchange, they were required to pay tribute, a poll tax (jizya) that entitled them to Muslim protection from outside aggression and exempted them from military service. Thus, they were called the "protected ones" (dhimmi). In effect, this often meant lower taxes, greater local autonomy, rule by fellow Semites with closer linguistic and cultural ties than the hellenized, Greco-Roman élites of Byzantium, and greater religious freedom for Jews and indigenous Christians."
^Ziauddin Ahmed (1975). "The concept of Jizya in early Islam". Islamic Studies. 14 (4): 293-305. JSTOR20846971. Quote: The tax of jizya is imposed on the non-Muslims subjects of a Muslim state. In view of the general body of the Fuquha, it is imposed upon the non-Muslims as a badge of humiliation for their unbelief, or by way of mercy for protection given to them by the Muslims. Some Fuqaha consider this tax as punishment for their unbelief, there being no economic motive behind its imposition, because their continued stay in a Muslim land is a crime, hence they have no escape from being humiliated.
^Bat Ye'or, The Dhimmi: Jews and Christians under Islam, trans. David Maisel, Paul Fenton, and David Littman (Rutherford: Farleigh Dickinson, 1985), 201-202: "Documents: 19. The Manner of Collecting the Jizya." Ye'or quotes two sixteenth-century narratives of how the Christians must lower themselves literally and ritually and then receive a blow in the payment of the jizya.
^ ab?Im?ra, Muhammad (2003). al-Isl?m wa'l-?aqalliyy?t ? (in Arabic). Cairo: Maktabat al-Shur?k al-Dawliyya. p. 15. Quote: «? () ( )? ? ( ? ) ? ? ? ? .. ? ? ? ? ? - .. ? .. ? - ? ? ? ? ..» 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 jizya] 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)
^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."
^ abcAryn Baker (Feb 28, 2014). "Al-Qaeda Rebels in Syria Tell Christians to Pay Up or Die". Time. In a statement posted to Jihadi websites and signed by Abu Bakr al-Baghdadi, the self-designated emir of the future Islamic caliphate of Raqqa, as well as the founder of the Islamic State of Iraq and Syria [ISIS] rebel brigade, Christians are urged to pay a tax in order to continue living under ISIS's protection.
^ abcVincent J. Cornell (2009). "Jizyah". In John L. Esposito (ed.). The Oxford Encyclopedia of the Islamic World. Oxford: Oxford University Press. ISBN9780195305135.
^ abJohn Esposito and Emad El-Din Shahin (2013). The Oxford handbook of Islam and politics. Oxford, UK: Oxford University Press. pp. 149-50. ISBN978-0-19-539589-1. One of Mawdudi's most significant legacies was the reintroduction into the modern world - and into modern language - of an idealized vision of the Islamic community. [...] Non-Muslims in the Muslim state would be categorized, in classical terms, as dhimmis, a protected class; would be restricted from holding high political office; would have to pay the jizyah poll tax; ...
^Ramadan al-Buti, Muhammad Sa?id (2005). Al-Jih?d f?'l-Isl?m ? (in Arabic). Damascus: D?r al-Fikr. pp. 135-136. Quote: « ? ? ? () ? () ? ? ? ? ? ? ? ? ? ? ? ? ? .. ? ? ? ? ? ? . ? .» Translation: "It is true that the Christians of Taghlab didn't feel at ease with the words (Jizya) and (Compensation) and they proposed to the leader of the believers ?Umar ibn al-Khab, 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 don't call it a compensation' .. So ?Umar consulted the companions on this [matter], and ?Ali - 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-?abar? in his history." (online)
^Ramadan al-Buti, Muhammad Sa?id (2005). Al-Jih?d f?'l-Isl?m ? (in Arabic). Damascus: D?r al-Fikr. p. 136. Quote: « ? ? ? ? . ? ? ? ? ? (?)? ? ? . [...] ?: ? ? ? ? ? ? ? ? .» Translation: "Based on this (event), the majority of jurists from Sh?fis, ?anaf?s and ?anbal?s 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 zak?t or ?adaqah that the requested amount be doubled? The answer is that this falls under the laws of the ruler (?a?k?m al-?im?mah), 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)
^ abMuhibbu-Din, M. A. (2000-04-01). "Ahl Al-Kitab and Religious Minorities in the Islamic State: Historical Context and Contemporary Challenges". Journal of Muslim Minority Affairs. 20 (1): 119. doi:10.1080/13602000050008933. ISSN1360-2004.
^Davutoglu, Ahmet (1993). Alternative paradigms : the impact of Islamic and Western Weltanschauungs on political theory. Lanham, MD: University Press of America. p. 160. ISBN978-0819190475.
^Abou El Fadl, Khaled (2007). The Great Theft: Wrestling Islam from the Extremists. HarperOne. p. 204. ISBN978-0061189036. According to the dhimma status system, non-Muslims must pay a poll tax in return for Muslim protection and the privilege of living in Muslim territory. Per this system, non-Muslims are exempt from military service, but they are excluded from occupying high positions that involve dealing with high state interests, like being the president or prime minister of the country. In Islamic history, non-Muslims did occupy high positions, especially in matters that related to fiscal policies or tax collection.
Ramadan al-Buti, Muhammad Sa?id (2005). Al-Jih?d f?'l-Isl?m ? (in Arabic). Damascus: D?r al-Fikr. p. 134. Quote: «? () ... ? ? ? ? ? ? ? ? ? ? ? ? .» Translation: "The word (jizya) ... is defined as the monetary amount that is taken from the People of the Book, and it is taken in exchange of guaranteeing their protection and safety, and considering them to be part of the Islamic society, such that they receive all the rights that are required by the principle of social insurance." (online)
S?biq, al-Sayyid. Fiqh al-Sunnah (in Arabic). 3. Cairo: al-Fat? lil-?I?l?m al-?Arab?. p. 49. Quote: «? : ? ? ? ... ? ? ? ?.» Translation: "Its justification: And Isl?m obligated jizya on dhimm?s in parallel with the obligation of zak?t on Muslims, so that the two groups be equal, since Muslims and dhimm?s are under the shade of the same banner and they enjoy all of the same rights and they benefit from the state facilities in an equal proportion, ... (also) in exchange for defending the dhimm?s, and guaranteeing their safety in the Muslim country they live in." (online)
Ri, Rash?d. Majallat al-Man?r ? (in Arabic). 12. Cairo. p. 433. n°6. Quote: « ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?. ? ? ? .» Translation: "The Companions were in their openings (futt) making the jizya that they put on the ahl al-dhimmah in exchange for their protection and safety, and for not making them having to defend themselves and their country by themselves, and that's why they were taking it from those who can participate in military service other than those who can't such as the old and women, and so this was from them an explanation and illustration of the intended meaning (behind this word) in the Noble Book. And the Ottomans were calling it for that reason 'Tax in exchange for not participating in military service'."
?assan, ?assan ?Ibr?h?m; ?assan, ?Al? ?Ibr?h?m (1999). al-Nu?um al-?Isl?miyyah (in Arabic). Cairo: al-Nah?ah al-Mi?riyyah. p. 230. Quote: «? ? ? ? ?.» Translation: "In exchange for (Muslims) defending dhimmis and protecting them in the Muslim lands where they live." (online)
Ri, Rash?d. Majallat al-Man?r ? (in Arabic). 12. Cairo. p. 433. n°6. Quote: « ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?. ? ? ? .» Translation: "The Companions were in their openings (futt) making the jizya that they put on the ahl al-dhimmah in exchange for their protection and safety, and for not making them having to defend themselves and their country by themselves, and that's why they were taking it from those who can participate in military service other than those who can't such as the old and women, and so this was from them an explanation and illustration of the intended meaning (behind this word) in the Noble Book. And the Ottomans were calling it for that reason 'Tax in exchange for not participating in military service'."
Sal?m al-?Aw?, Mo?ammed (2006). F? al-Nim al-Siy?s? lil-dawlah al-?Isl?miyyah ? (in Arabic). Cairo: D?r al-Shur?q. p. 247. Quote: «? ? ? - ? ? ? ? ?» Translation: "And the most correct sayings of the jurists in its (jizya) justification - is that it is in exchange for non-Muslims defending the nation, and that's why the Companions and Successors exempted those who joined them in its defense."
Durant, Will. The Story of Civilization: The Age of Faith. 4. p. 218. This tax fell only upon non-Moslems capable of military service; it was not levied upon monks, women, adolescents, slaves, the old, crippled, blind or very poor. In return the dhimmis were excused (or excluded) from military service, were exempted from the two and a half per cent tax for community charity, and received the protection of the government.
^Zayd?n, ?Abd al-Kar?m (1982). ?A?k?m al-Dhimmiy?n wa-l-musta?min?n f? d?r al-Isl?m ? ? (in Arabic). Damascus: D?r al-Quds - Mu?assassat al-Ris?lah. p. 154. Quote: « ? ... ? ?: "... ? ? ? ..."» Translation: "It was stated in the peace treaty made by Kh?lid b. al-Wal?d ... in the neighborhood of al-rah, what follows: «... If we protect you, then jizya is due to us; but if we do not, then it is not due...»" (online)
^Nu?m?n?, Shibl? (Entry Author), Rash?d Ri (ed.). Majallat al-Man?r ? [Al-Manar] (in Arabic). 1. Cairo. p. 873. n°45. Quote: « ? ? ... ? ( ?) ? ? . ? .» Translation: "This is a treaty made by Kh?lid b. al-Wal?d ... 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)
^ abcWalker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. pp. 60-1. The Emperor Heraclius had raised an enormous army with which to drive back the invading forces of the Muslims, who had in consequence to concentrate all their energies on the impending encounter. The Arab general, Ab? ?Ubaydah, accordingly wrote to the governors of the conquered cities of Syria, ordering them to pay back all the jizyah that had been collected from the cities, and wrote to the people, saying, "We give you back the money that we took from you, as we have received news that a strong force is advancing against us. The agreement between us was that we should protect you, and as this is not now in our power, we return you all that we took. But if we are victorious we shall consider ourselves bound to you by the old terms of our agreement." In accordance with this order, enormous sums were paid back out of the state treasury, and the Christians called down blessings on the heads of the Muslims, saying, "May God give you rule over us again and make you victorious over the Romans; had it been they, they would not have given us back anything, but would have taken all that remained with us." (online)
^ abal-Zu?ayl?, Wahbah (1998). thar al-?arb f? l-fiqh al-Isl?m? : dir?sah muq?rinah ? ? (in Arabic). Damascus: D?r al-Fikr. pp. 692-693. ISBN978-1-57547-453-3. Quote: « ? ? ? ? ? ? ? ? ? : « ? ? ? ? ? ? ? ? ? ? ? ». ? ? ? ? ? ?: « ? ? ( ). ? ? ».» Translation: "Abu ?Ubaydah b. al-Jar, when he was informed that the Romans were readying for battle against him in the boundaries of the Islamic State in the north, Abu ?Ubaydah then wrote to the governors of the cities with whom pacts had been concluded that they must return the sums collected from jizya and khar?j and say to their subjects: "We return to you your money because we have been informed that troops are being raised against us. In our agreement you stipulated that we protect you, but we are unable to do so. Therefore, we now return to you what we have taken from you, and we will abide by the stipulation and what has been written down, if God grants us victory over them." And when they stated that to them, and they returned the sums that they took from them, they (the Christians) said: "May God give you rule over us again and make you victorious over [the Romans]; had it been they, they would not have given us back anything, but would have taken all that remained with us."" (online)
^Zayd?n, ?Abd al-Kar?m (1982). ?A?k?m al-Dhimmiy?n wa-l-musta?min?n f? d?r al-Isl?m ? ? (in Arabic). Damascus: D?r al-Quds - Mu?assassat al-Ris?lah. p. 155. Quote: « ? ? . ? ? ? ? ? ? ? ? .» Translation: "Abu ?Ubaydah b. al-Jar, when he was informed by his governors that the Romans were readying for battle against him, he then wrote to them that they must return the jizya that they took from them. And he ordered them to say to their subjects: "We return to you your money because we have been informed that troops are being raised against us. In our agreement you stipulated that we protect you, but we are unable to do so. Therefore, we now return to you what we have taken from you, and we will abide by the stipulation and what has been written down, if God grants us victory over them." (online)
^al-Qaraw?, Y?suf (1992). Ghayr al-Muslim?n f? al-Mujtama? al-?Isl?m? ? (in Arabic). Cairo: Maktabat Wahbah. p. 63. ISBN978-977-7236-55-3. 3rd Ed. Quote: « ? ? ? ? ? ? . «» ? ? ? ? ? ? ? ?.» 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-Jur?jima», a Christian tribe near Antioch, who made peace with the Muslims, promising to be their allies, and fight on their side in battle, on condition that they should be exempted from [the payment of] the jizya, and should receive their proper share of the booty." (online)
^Al-Awa, Mohammad Salim (2005-07-13). "Nidh?m ?Ahl al-Dhimma, Ru?yah Isl?miyah Mussira" ? ? (in Arabic). Archived from the original on 2009-06-04. Retrieved . « ? ? ? ? ? ? ? . ? ? - ? ? ? - ...» Translation: "Jizya is in exchange for military service, and the companions and successors exempted it from non-Muslims who joined Muslims in defending the nation, just as the Imam Ibn Hajar pointed in his commentary on al-Bukhari, Fath al-Bari, and he relates that [opinion] - and indeed this is correct - to the majority of jurists."
^Jane Dammen McAuliffe, "Fakhr al-Din al-Razi on Ayat al-Jizya and Ayat al-Sayf," in Conversion and Continuity: Indigenous Christian Communities in Islamic Lands, Eight to Eighteenth Centuries, eds. Michael Gervers and Ramzi Jibran Bikhazi (Toronto: Pontifical Institute of Mediaeval Studies, 1990), pp. 103-19.
^Ramadan al-Buti, Muhammad Sa?id (2005). Al-Jih?d f?'l-Isl?m ? (in Arabic). Damascus: D?r al-Fikr. pp. 101-102. Quote: « ? ? ? ? ... ? ? ? ? ? ? ? ? .» Translation: "The verse commands qit?l (?) 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 q?taltu () 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)
^Ahmad b. Muaf?, Al-Maragh?. Tafs?r Al-Maragh? ? (in Arabic). 10. p. 95. Quote: « ? ? ? ? ? ?» 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 lead to Tabuk."
^Seyyed Hossein Nasr (2015), The Study Quran: A New Translation and Commentary, ISBN0061125865. Quote: "Here with a willing hand renders ?an 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)."
^M.J. Kister "'An yadin (Qur'an IX/29): An Attempt at Interpretation," Arabica 11 (1964):272-278.
^Cahen, p. 561. "A certain number of rules formulated during the 'Abbasid period appear to be generally valid from that time onwards. Jizya is only levied on those who are male, adult, free, capable and able-bodied, so that children, old men, women, invalids, slaves, beggars, the sick and the mentally deranged are excluded. Foreigners are exempt from it on condition that they do not settle permanently in the country. Inhabitants of frontier districts who at certain times could be enrolled in military expeditions even if not Muslim (Mardaites, Amenians, etc.), were released from jizya for the year in question."
^Lambton 2013, p. 205. "These rules, formulated by the jurists in the early 'Abbasid period, appear to have remained generally valid thereafter."
^?amah, bir (2008). al-Isl?m wa'l-khar -- Dir?sah ?an Waiyat Ghayr al-Muslim?n f? Mujtamat al-Muslim?n ? -- ? . Riyadh: Maktabat al-Rushd. p. 499. Quote: « ? ? ? ?: ? ? ? ? ? ? : : ? ? ? ? ? ? ? ? ? ? ? ? ?: ? ? ? ? ? ? ? ? ? ? ? ? [ ?] ? ? ? » Translation: "And his [?Umar b. al-Khab] - 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'. ?Umar 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'. ?Umar 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 are meant only for the poor, the needy, those who administer them, those whose hearts need winning over, to free slaves and help those in debt, for God's cause, and for travellers in need. This is ordained by God; God is allknowing and wise." [Quran9:60] and the poor are amongst the Muslims and this one is from the needy amongst the People of the Book.' So ?Umar exempted him and those like him from payment of the jizya." (online)
^al-Zu?ayl?, Wahbah (1998). thar al-?arb f? l-fiqh al-Isl?m? : dir?sah muq?rinah ? ? (in Arabic). Damascus: D?r al-Fikr. p. 700. ISBN978-1-57547-453-3. Quote: « ? : ? ? ? ? ? ? ? ? ? ? ? .» Translation: "What was narrated from Sayyiduna ?Umar b. al-Khab - May God be pleased with him - : That he passed by an old man from the dhimma community who was begging in front of the doors of the mosques because of [the need to pay] jizya and fulfill his needs and his old age, so he [?Umar] said: 'We have not done justice to you in taking from you when you were young and forsaking you in your old age', so he gave him a regular pension from the Bayt al-M?l (Public Treasury), and he exempted him and his likes from the jizya." (online)
^ abI?s?n, Al-Hind? (1993). A?k?m al-?arb wa al-Sal?m f? Dawlat al-Isl?m ? ? ? (in Arabic). Damascus: D?r al-Numayr. p. 15.
^Al-Qurtubi, Al-Jami' li Ahkam al-Qur'an, vol.8, p. 72. Quote: « ? ? ? ... ? ? ? ? ? ? ? ? » Translation: "Our scholars have said: that which the Qurn has indicated is that the jizya is taken from fighters ... and there is a consensus amongst scholars that the jizya be only placed on the heads of free men who have reached puberty, who are the ones fighting with the exclusion of women and children and slaves and the crazy insane and the dying old man."
^Ibn Qayyim al-Jawziyya, Ahkam Ahl al-Dhimma, 1/16. Quote: « ? ? ? ? ? ? ? ? ? ?.» Translation: "And there is no Jizya upon the aged, one suffering from chronic disease, the blind, and the patient who has no hope of recovery and has despaired of his health, even if they have enough: And this is the opinion of Ahmad and his followers, and Ab? ?an?fah, Malik, and al-Shafi'i in one narration, since those do not fight and aren't fought, and so the jizya is exempted from them such as women and children."
^Ibn Qayyim al-Jawziyya, Ahkam Ahl Al-Dhimma, 1/14. Quote: « ? : ? ? . : ? . ? ? " " : ( ? ) .» Translation: "There is no Jizya on the kids, women and the insane: This is the view of the four imams and their followers. Ibn Mundhir said, 'I do not know anyone to have differed with them.' Abu Muhammad Ibn Qudama said in 'al-Mughni', 'We do not know of any difference of opinion among the learned on this issue.'"
^Lambton 2013, p. 205. "Monks were exempted according to some jurists, but Abu Hanifa and Abu Yusuf hold that they paid jizya if they worked."
^Ibn Qayyim al-Jawziyya, Ahkam Ahl Al-Dhimma, 1/17. Quote: «? ? [...] ? ? ? » Translation: "As for peasants who do not fight ... the dhahir from the writings of Ahmad [ibn Hanbal] is that there is no jizya [on them]."
^Seed, Patricia. Ceremonies of Possession in Europe's Conquest of the New World, 1492-1640, Cambridge University Press, Oct 27, 1995, pp. 79-80.
^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 Sh?fi'? School of Law, which prevailed in Egypt, also in theory."
^Stilt, Kristen. "Case5.4". Islamic Law in Action: Authority, Discretion, and Everyday Experiences in Mamluk Egypt. OUP Oxford. Retrieved 2016.
^Eliyahu Ashtor and Leah Bornstein-Makovetsky (2008), Encyclopaedia Judaica, 2nd Edition, Volume 12, Thomson Gale, Article: Kharaj and Jizya, Quote: "...Many extant *Genizah letters state that the collectors imposed the tax on children and demanded it for the dead. As the family was held responsible for the payment of the jizya by all its members, it sometimes became a burden and many went into hiding in order to escape imprisonment. For example there is a Responsum by *Maimonides from another document, written in 1095, about a father paying the jizya for his two sons, 13 and 17 years old. From another document, written around 1095, it seems that the tax was due from the age of nine."
^Hamidullah, Muhammad (1970). Introduction to Islam. International Islamic Federation of Student Organizations. p. 173. In the time of the Prophet, the jizyah amounted to ten dirhams annually, which represented the expenses of an average family for ten days.
^Shah, Nasim Hasan (1988). "The concept of Al-Dhimmah and the rights and duties of Dhimmis in an Islamic state". Journal of Muslim Minority Affairs. 9 (2): 219. doi:10.1080/02666958808716075. ISSN0266-6952. Instead of cash, jizya may be paid in kind.
^Ahmet Davuto?lu (1994), Alternative paradigms: the impact of Islamic and Western Weltanschauungs on political theory, p. 160. University Press of America.
^Ibn Qudamah, Al-Mughni, 13/209-10. Quote: « ? : 1 - ? ? ? ? ? ? [...] 2 - ? ? ? ? : ? ?: ? ? ? ? ? [...] ? ? : - ? . - ? ? . - ? ? . [...] ? ? . [...] ? (4/ 117)? ? ? ? ? : ? ?. 3 - ? ? ? ? ? ? » Translation:(incomplete) "Concerning the rate of jizya, [we can discern between] three opinions: 1. That it is a fixed amount that can't be augmented, nor abated, and this is the opinion [as narrated from] Abu Hanifa and al-Shafi'i; [...] 2. That it isn't fixed, but it is up to the Imam (Muslim ruler) to make ijtihad (independent reasoning) in [determining whether to make] additions or subtractions, al-Ashram said: It was said to Abi 'Abd Allah: So we add or reduce it? Meaning from jizya. He said: "Yes, it is added or subtracted according to their (dhimmis) capability, [and] according to what the Imam sees [most fitting] [...] And 'Umar made the jizya into three different layers: 48 dirhams from the rich, 24 dirhams from the middle class and 12 dirhams from the [working] poor. [...] And this indicates that it goes to the opinion of the Imam. [...] al-Bukhari said in his Sahih (4:117): Ibn 'Uyaynah said: From Ibn Abi Najih: I said to Mujahid: What is the matter with the people of al-Sham who are required to pay 4 dinars, whereas the people of Yemen [only] pay one dinar? He said: It was made so for easing things (depending on the capacity of each), and since it is in exchange for something so its [amount] wasn't fixed like employment. [...] 3. That its minimum is rated at one dinar, but its maximum isn't fixed, and this is the choice of Abu Bakr, so it is permitted to add, and it wouldn't be lawful to reduce."
^ abAl-Nawaw?, Raw?at al-lib?n wa 'Umdat al-Muft?n, vol. 10, pp. 315-6. al-Maktab al-Islamiy. Ed. Zuhayr al-Chawich. Quote: « : : ? ? ? ? ? ? ? . ? ? ? ? ? ? ? ? ? ? ? ? .» 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 (jumh?r) 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. ISBN978-1-903682-83-8.)
^Ramadan al-Buti, Muhammad Sa'id (2005). Al-Jih?d f?'l-Isl?m. Damascus: D?r al-Fikr. p. 133. Quote: « [...] ? [...]: «?: ? ? ? ? ? . ? ? ? ?.» ? ? ? ? ?.» Translation: "The Im?m al-Nawaw? [...] said in his book Raw?at al-lib?n [...] : «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 (jumh?r) 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-Minh?j." (online)
^Ramadan al-Buti, Muhammad Sa'id (2005). Al-Jih?d f?'l-Isl?m. Damascus: D?r al-Fikr. p. 133. Quote: «? ? ? ? ? ? ? ? ? ? .» Translation: "And Ibn Qud?mah mentioned in his Mughni (encyclopedic book on fiqh) some of these flawed innovations [in the collection of this tax], and he clarified that the way of the Prophet of God - Peace be upon him -, his companions, and the rightly-guided caliphs was contrary to that, and that they encouraged that jizya be collected with gentleness and kindness." (online)
^Al-Qurtubi, Ahkam al-Qur'an, vol. 8, p. 49. Quote: «? ? ? ? ? ? ? » Translation: "Their punishment in case of non-payment [of jizya] while they were able [to do so] is permitted; however, if their inability to pay it was clear, then it isn't lawful to punish them, since, if one isn't able to pay the jizya, then he is exempted."
^Humphrey Fisher (2001), Slavery in the History of Muslim Black Africa. NYU Press. p. 47.
^Lewis, Bernard (1992). Race and Slavery in the Middle East: An Historical Enquiry. Oxford University Press. p. 7. ISBN978-0195053265. [...] those who remained faithful to their old religions and lived as protected persons (dhimmis) under Muslim rule could not, if free, be legally enclaved unless they had violated the terms of the dhimma, the contract governing their status, as for example by rebelling against Muslim rule or helping the enemies of the Muslim state or, according to some authorities, by withholding payment of the Kharaj or the Jizya, the taxes due from dhimmis to the Muslim state.
^Mark R. Cohen (2005), Poverty and Charity in the Jewish Community of Medieval Egypt, Princeton University Press, ISBN978-0691092720, pp. 120-3; 130-8, Quotes: "Family members were held responsible for individual's poll tax (mahbus min al-jizya)"; "Imprisonment for failure to pay (poll tax) debt was very common"; "This imprisonment often meant house arrest... which was known as tarsim"
^I. P. Petrushevsky (1995), Islam in Iran, SUNY Press, ISBN978-0-88706-070-0, pp 155, Quote - "The law does not contemplate slavery for debt in the case of Muslims, but it allows the enslavement of Dhimmis for non-payment of jizya and kharaj.(...) "
^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
^Çizakça, Murat (2011). Islamic Capitalism and Finance: Origins, Evolution and the Future. p. 20.
^Weiss, Holger. Social Welfare in Muslim Societies in Africa. p. 18.
^Holger Weiss, Social Welfare in Muslim Societies in Africa, p. 17.
^Kamaruddin Sharif; Wang Yong Bao (2013-08-05). Iqbal, Zamir; Mirakhor, Abbas (eds.). Economic Development and Islamic Finance. p. 239. ISBN978-0-8213-9953-8. As these examples show, the responsibility for social safety and security that the Islamic state has undertaken has not been restricted to its citizens, but has also included all residents.
^Hamidullah, Muhammad (1998). Le Prophète de l'Islam : Sa vie, Son oeuvre (in French). 2. Paris: El-Najah. pp. 877-8. Rappelons ici la pratique du Calife Abû Bakr : après la conquête de la ville de Hîrah, le commandant Khâlid, au nom du calife, conclut un traité, où il dit : "... en outre, je leur accorde que tout vieillard qui deviendrait inapte au travail, ou qu'aurait frappé un malheur, ou bien qui, de riche deviendrait pauvre, se mettant ainsi à la merci de la charité de ses coreligionnaires, sera exonéré par moi de la jizya (capitation), et recevra l'aide du Trésor Public des Musulmans, lui et les personnes dont il a la charge, et ce, pour aussi longtemps qu'il demeurera en terre d'Islam (dâr al-Islam). Translation: "Let us recall here the practice of the Caliph Abu Bakr : After the conquest of the city of Hirah, the commandant Khalid, by the name of the Caliph, concluded a treaty, where he states : "... I assured them that any [non-Muslim] person who is unable to earn his livelihood, or is struck by disaster, or who becomes destitute and is helped by the charity of his fellow men will be exempted from the jizya and he and his family will be supplied with sustenance by the Bayt al-Mal (public treasury), and this, as long as he's staying in the abode of Islam (dar al-Islam)."
^Abu Yusuf. Kit?b al-Khar?j ? (in Arabic). Beirut: D?r al-Ma?rifah. pp. 143-4. Quote: « ? ? ? [...] ? ? ? ? ? ? » Translation: "This is a treaty of Khalid b. al-Walid to the people of al-Hirah [...] Any [non-Muslim] person who is unable to earn his livelihood, or is struck by disaster, or who becomes destitute and is helped by the charity of his fellow men will be exempted from the jizya and he and his family will be supplied with sustenance by the Bayt al-Mal (public treasury)."
^I?s?n, Al-Hind? (1993). A?k?m al-?arb wa al-Sal?m f? Dawlat al-Isl?m ? ? ? (in Arabic). Damascus: D?r al-Numayr. p. 15. Quote: «? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?» Translation: "And dhimmis had also a kind of social insurance in case of destitution or advanced age or sickness, and the justification for that is the treaty of Khalid b. al-Walid that he wrote with the people of al-Hirah [who were] Christians after its fathAny [non-Muslim] person who is unable to earn his livelihood, or is struck by disaster, or who becomes destitute and is helped by the charity of his fellow men will be exempted from the jizya and he and his family will be supplied with sustenance by the Bayt al-Mal (public treasury).?"
^al-Qaraw?, Y?suf (1992). Ghayr al-Muslim?n f? al-Mujtama? al-?Isl?m? ? (in Arabic). Cairo: Maktabat Wahbah. pp. 16-7. ISBN978-977-7236-55-3. 3rd Ed. (online); al-Qaraw?, Y?suf (2009). Fiqh al-Jih?d: Dir?sah Muq?ranah li-A?k?mih wa Falsafatih f? ?aw? al-Qurn wa al-Sunnah ? ? ? (in Arabic). 2. Cairo: Maktabat Wahbah. p. 1005. ISBN978-977-225-246-6. 3rd Ed. Quote: « ? ? ?: « ? ? ...» ? . ? ? ? ?: ( ? ? ? ? ? ? ). ? ? ? ? ? ? ? ? ? ?.» Translation: "The Prophet of God ? said: «Everyone of you is a guardian, and everyone of you is responsible for his charges: The ruler (Im?m) is a guardian and is responsible for his subjects ...» And that is how things went in the (period) of the R?shid?n and those after them. So we find in the treaty of protection between Kh?lid b. al-Wal?d and the town of al-rah in ?Ir?q, who were Christians: (I assured them that any [non-Muslim] person who is unable to earn his livelihood, or is struck by disaster, or who becomes destitute and is helped by the charity of his fellow men will be exempted from the jizya and he and his family will be supplied with sustenance by the public treasury). And this was in the era of Ab? Bakr al-?idd?q, with the presence of a large number of companions, and this was (also) written by Kh?lid to Ab? Bakr al-?idd?q the successor of the Prophet of God, and no one disagreed with him (on this matter), and (so) things like this are considered to be a consensus." (online)
^Bravmann 2009, p. 204. "Whereas in the (non-Islamic) examples mentioned by us above the good deed consists in the pardon granted by an individual according to his discretion to an individual who has been vanquished and taken captive by him, in the Qur'an verse discussed by us the good deed, and hence also the "reward" (jizya = jaza' = tawab) necessarily following it according to ancient Arab common law have become a practice normally occurring and that must be performed: the life of all prisoners of war belonging to a certain privileged category of non-believers must, as a rule, be spared. All must be subject to pardon - provided they grant the "reward" (jizya) to be expected for an act of pardon (sparing of life)."
^Anver M. Emon, Religious Pluralism and Islamic Law: Dhimmis and Others in the Empire of Law, p. 98, note 3. Oxford University Press, ISBN978-0199661633. Quote: "Some studies question the nearly synonymous use of the terms kharaj and jizya in the historical sources. The general view suggests that while the terms kharaj and jizya seem to have been used interchangeably in early historical sources, what they referred to in any given case depended on the linguistic context. If one finds references to "a kharaj on their heads," the reference was to a poll tax, despite the use of the term kharaj, which later became the term of art for land tax. Likewise, if one fins the phrase "jizya on their land," this referred to a land tax, despite the use of jizya which later come to refer to the poll tax. Early history therefore shows that although each term did not have a determinate technical meaning at first, the concepts of poll tax and land tax existed early in Islamic history." Denner, Conversion and the Poll Tax, 3-10; Ajiaz Hassan Qureshi, "The Terms Kharaj and Jizya and Their Implication," Journal of the Punjab University Historical Society 12 (1961): 27-38; Hossein Modarressi Rabatab'i, Kharaj in Islamic Law (London: Anchor Press Ltd, 1983).
^Irfan Habib, Economic History of Medieval India, 1200-1500, Vol VIII, part 1, pp. 78-80. ISBN978-81-317-2791-1.
^Fouzia Ahmed (2009), The Delhi Sultanate: A Slave Society or A Society with Slaves?, Pakistan Journal of History and Culture, 30(1): 8-9
^Elliot, H. M. (Henry Miers), Sir; John Dowson. "15. Táríkh-i Fíroz Sháhí, of Ziauddin Barani". The History of India, as Told by Its Own Historians. The Muhammadan Period (Vol 3.). London, Trübner & Co. p. 184. Quote - The Sultan then asked, "How are Hindus designated in the law, as payers of tributes or givers of tribute? The Kazi replied, "They are called payers of tribute, and when the revenue officer demands silver from them, they should tender gold. If the officer throws dirt into their mouths, they must without reluctance open their mouths to receive it. The due subordination of the zimmi is exhibited in this humble payment and by this throwing of dirt in their mouths. The glorification of Islam is a duty. God holds them in contempt, for he says, "keep them under in subjection". To keep the Hindus in abasement is especially a religious duty, because they are the most inveterate enemies of the Prophet, and because the Prophet has commanded us to slay them, plunder them, enslave them and spoil their wealth and property. No doctor but the great doctor (Hanafi), to whose school we belong, has assented to the imposition of the jizya (poll tax) on Hindus. Doctors of other schools allow no other alternative but Death or Islam.
^Kingship in Ka?m?r (AD 1148-1459); From the Pen of Jonar?ja, Court Pait to Suln Zayn al-'?bid?n. Edited by Walter Slaje. With an Annotated Translation, Indexes and Maps. [Studia Indologica Universitatis Halensis. 7.] Halle 2014. ISBN978-3-86977-088-8
^Satish C. Misra, The Rise of Muslim Power in Gujarat (Bombay, 1963), p.175.
^K. S. Lal. "Proselytization in Provincial Muslim Kingdoms". Indian Muslims: Who Are They. New Delhi. The kingdom of Gujarat was established in 1396 and its rulers were descended from Wajih-ul-Mulk, a converted Rajput. This dynasty made great efforts to spread Islam. One of its famous rulers, Ahmad Shah (1411-1442), was responsible for many conversions. In 1414 he introduced the Jiziyah, and collected it with such strictness, that it brought a number of converts to Islam.
^Satish Chandra, "Jizyah and the State in India during the 17th Century." Journal of the Economic and Social History of the Orient/Journal de l'histoire economique et sociale de l'Orient (1969): 322-340.
^Elphinstone, M. (1905), The history of India: the Hindú and Mahometan periods; John Murray (London); see pages 616-658
^Markovits, C. (Ed.). (2002). A History of Modern India: 1480-1950, Anthem Press. pp. 109-12.
^Encyclopaedia of Islam, 2nd Edition. Edited by: P. Bearman et al (1960), ISBN9789004161214, Jizya
^"The Zoroastrians who remained in Persia (modern Iran) after the Arab-Muslim conquest (7th century AD) had a long history as outcasts. Although they purchased some toleration by paying the jizya (poll tax), not abolished until 1882, they were treated as an inferior race, had to wear distinctive garb, and were not allowed to ride horses or bear arms." Gabars, Encyclopædia Britannica. 2007. Britannica Concise Encyclopedia. 29 May 2007.
^"Though in Tunisia and Algeria the jizya/kharaj practice was eliminated during the 19th century, Moroccan Jewry 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.
^Mordechai Zaken, Jewish Subjects and their Tribal Chieftains in Kurdistan: A Study in Survival, Brill, 2007, pp. 280-284-71.
^Scott, Rachel (2010). The challenge of political Islam non-Muslims and the Egyptian state. Stanford, Calif: Stanford University Press. p. 101. ISBN978-0-8047-6906-8. In the mid-1980's Yusuf al-Qaradawi argued that non-Muslims should not serve in the army and should pay the jizya on the basis that the Islamic state is best protected by those who believe in it.
^Hoyland 2014, p. 198. "The most contentious aspect of this discriminatory policy was taxation. Initially, as one would expect, the Arabs, as conquerors and soldiers/rulers, did not pay any taxes. The (adult male) conquered people, on the other hand, all paid tax, irrespective of their religion or ethnicity, unless they were granted an exemption in return for providing military service or spying or the like."
^Malik, Jamal (2008). Islam in South Asia a short history. Leiden, Netherlands: Brill. p. 69. ISBN978-90-04-16859-6. It is to be noted that this tax was collected in lieu of military service, but the problem gets compounded when we learn that so many Hindus fought in Muslim armies. It was only with expanding Muslim rule by the later half of the fourteenth century, that jizya was levied on non-Muslims as a discriminatory tax, but was relaxed here and there.
^Chandra, S. (1969), Jizyah and the State in India during the 17th Century, Journal de l'histoire economique et sociale de l'Orient, p. 339. Quote: "Politically, the greatest objection to jizyah was that it harassed and alienated some of the most influential sections of the Hindus, namely the urban masses [...] These people were subjected to great harassment and oppression by the collectors of jizyah, and in retaliation resorted on a number of occasions to hartal and public demonstrations."
^Markovits, Claude (2004). A history of modern India, 1480-1950. London: Anthem. p. 30. ISBN978-1-84331-152-2. the jizya [was] the symbol par excellence of the superiority of Muslims over non-Muslims: it is highly doubtful that it was in reality levied as a tax distinct from the land tax; the terms jizya and kharaj are interchangeable in the texts dating from this time. The extremely theoretical nature of this discrimination must be kept in mind when there is reference to its abolition or its restoration under the Moguls.
^Takim, L. (2007), Holy Peace or Holy War: Tolerance and Co-existence in the Islamic Juridical Tradition, Islam and Muslim Societies, 4(2). pp. 14-6
^Ramadan al-Buti, Muhammad Sa'id (2005). Al-Jih?d f?'l-Isl?m. Damascus: D?r al-Fikr. pp. 132-3. Quote: « ? ? ? ? . ? ? ? ? ? ? ? ? ?. [...] ? ? ? ? ? ? ? ? ? .» Translation: "Heretical additions in the collection methods of the tax that is called the jizya, and in the common behavior with the People of the Book in general, that we didn't read in the Qur'an, and that we didn't find evidence for in the Sunnah of the Prophet of God - Peace be upon him, but that was mentioned by some later jurists (fuqah?). [...] In point of fact, leading scholars (mu?aqqiq?) of jurisprudence, despite their differences in their respective schools of jurisprudence (madh?hib), have denied and refuted these heretical innovations, that were intrusive in the rules and principles of the Law, and they warned against following and taking them."
^Emon, Anver (2012). Religious pluralism and Islamic law. Oxford, United Kingdom: Oxford University Press. p. 98. ISBN978-0-19-966163-3. Imposing poll-taxes and other regulatory measures on minority religious communities was not unique to the Islamic tradition. Rather, discriminatory regulations were utilized by many polities throughout antiquity, late antiquity, and the medieval period.
^Victoria, William L. Cleveland, late of Simon Fraser University, Martin Bunton, University of (2013). A history of the modern Middle East (Fifth ed.). New York: Westview Press. p. 13. ISBN978-0813348346.
^ abcdTramontana, Felicita (2013). "The Poll Tax and the Decline of the Christian Presence in the Palestinian Countryside in the 17th Century". Journal of the Economic and Social History of the Orient. 56 (4-5): 631-652. doi:10.1163/15685209-12341337. The (cor)relation between the payment of the poll-tax and conversion to Islam, has long been the subject of scholarly debate. At the beginning of the twentieth century scholars suggested that after the Muslim conquest the local populations converted en masse to evade the payment of the poll tax. This assumption has been challenged by subsequent research. Indeed Dennett's study clearly showed that the payment of the poll tax was not a sufficient reason to convert after the Muslim conquest and that other factors--such as the wish to retain social status--had greater influence. According to Inalcik the wish to evade payment of the jizya was an important incentive for conversion to Islam in the Balkans, but Anton Minkov has recently argued that taxation was only one of a number of motivations.
^Dennett 1950, p. 10. "Wellhausen makes the assumption that the poll tax amounted to so little that exemption from it did not constitute sufficient economic motive for conversion."
^Walker Arnold, Thomas (1913). Preaching of Islam: A History of the Propagation of the Muslim Faith. Constable & Robinson Ltd. p. 59. ... but this jizyah was too moderate to constitute a burden, seeing that it released them from the compulsory military service that was incumbent on their Muslim fellow-subjects. Conversion to Islam was certainly attended by a certain pecuniary advantage, but his former religion could have had but little hold on a convert who abandoned it merely to gain exemption from the jizyah; and now, instead of jizyah, the convert had to pay the legal alms, zak?t, annually levied on most kinds of movable and immovable property. (online)