Islam and Religious Freedom: Jizya (Extortion)

Does Islam require that people of other faiths pay money to support the Muslim religion? Muhammad clearly established that people of other religions have to pay a poll tax to Muslims called the jizya, as a reminder of their inferior status. This abrogates an earlier verse stating that there is "no compulsion in religion" and it destroys any pretense that Islam is merely a religion and not a political system. Tolerance in Islam isn't free. The jizya is money paid by non-Muslims in order to keep practicing their religion. Under Islamic law, if the money is not paid, the people are to be killed or enslaved. Quran Quran (9:29) - "Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the Jizya with willing submission, and feel themselves subdued." Hadith and Sira Sahih Muslim (19:4294) - There are many places in the hadith where Muhammad tells his followers to demand the jizya of non-believers. Here he lays down the rule that it is to be extorted by force: "If they refuse to accept Islam, demand from them the Jizya. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay the tax, seek Allah's help and fight them" Sahih Bukhari (53:386) - The command for Muslims to spread Islamic rule by force, subjugating others until they either convert to Islam or pay money, is eternal: Our Prophet, the Messenger of our Lord, has ordered us to fight you till you worship Allah Alone or give Jizya (i.e. tribute); and our Prophet has informed us that our Lord says:-- "Whoever amongst us is killed (i.e. martyred), shall go to Paradise to lead such a luxurious life as he has never seen, and whoever amongst us remain alive, shall become your master." This is being recounted during the reign of Umar, Muhammad's companion and the second caliph, who sent conquering armies into non-Muslim Persian and Christian lands (after Muhammad's death). Sahih Muslim (1:33) - "I have been commanded to fight against people so long as they do not declare that there is no god but Allah, and he who professed it was guaranteed the protection of his property and life on my behalf except for the right affairs rest with Allah.'s  The "protection" needed by the unbeliever is from Muhammad himself.  In other words, the jizya is paid by the non-Muslim in exchange for not being killed. Sahih Bukhari (41:19) - "When Allah's Messenger had conquered Khaibar, he wanted to expel the Jews from it as its land became the property of Allah, His Apostle, and the Muslims. Allah's Messenger intended to expel the Jews but they requested him to let them stay there on the condition that they would do the labor and get half of the fruits. Allah's Messenger told them, "We will let you stay on thus condition, as long as we wish." So, they (i.e. Jews) kept on living there until `Umar forced them [out]." The Khaybar were a peacful farming community that were attacked by surprise and and conquered.  The Jizya in this case was set at half of the non-Muslim's earnings. Abu Dawud 3006 - An authentic verse narrating more of the story of Khaybar.  Muhammad took what was theirs, including their wives and children.  He even had some of the men killed afterwards, once he had found their wealth. Ishaq 956 & 962 - "He who withholds the Jizya is an enemy of Allah and His apostle." The words of Muhammad. Notes According to the esteemed historian Ibn Kathir, Muhammad established the jizya as a means of compensating the "converted" Meccans for their loss of revenue following the total ban of other religions from the Kaaba. This had ended the centuries-old tradition of pilgrimages by people of all faiths during the holy months, on which the local economy depended: When Allah decreed that the polytheists sl)ould be prevented from approaching the Sacred Mosque, whether in the pilgrimage or at other times, that Quraysh said they would be deprived ofthe commercial activity that took place during the pilgrimage, and that they would therefore suffer financial loss. And so Allah compensated them for that by ordering them to battle the people ofthe scriptures so that they either accepted Islam or paid the jizya tax ("being in a state ofsubmission")  Ibn Kathir Vol 4. p.1 This practice enabled Muhammad and his successors to fund Islamic military expansion and the lifestyle of the religious class through extortion from non-believers.  The following passage continues from above: I comment that the Messenger ofGod (SAAS) therefore decided to battle the Byzantines. This was because they were the people nearest to him and those most appropriate to invite to the truth because oftheir proximity to Islam and to those who believed in it. God Almighty had stated, "0 you who believe, fight those unbelievers who are near you. Let them see severity in you; and know that God is with those who are pious"  Ibn Kathir Vol. 4 p. 1 (the verse at the end is the Quran 9:123) In 630, the prophet of Islam marched an army into Christian lands, in what came to be known as the "Battle of Tabuk." In fact, there was no battle because there was no opposing army. The residents were taken by surprise. Some were killed, and the survivors were forced to pay protection money to Muhammad. (Clearly abrogating the previous rule of "no compulsion in religion" that contemporary apologists are so fond of repeating). Only eleven years after Muhammad's death, his companions swept through North Africa, putting to the sword those who would not submit to Islamic rule. In 643, Tripoli was conquered and the native Christian Berbers were forced to give their wives and children to the Muslims as slaves, to satisfy the jizya. Like the mafia, Muslims told their unwilling donors that they were paying for 'protection' - even though the main threat to their livelihood and safety was, of course, from their Muslims benefactors. This lucrative extortion racket was practiced down through the centuries, and was a part of the brutal Ottoman rule over Christians, Jews and others. The Serbs of Europe were particularly hard hit and often had to hand over their children to satisfy the collector. The children were then converted to Islam and trained as Jihad warriors for use in foreign campaigns (the so-called Janissaries). In India, well into the 17th century, Muslim tax collectors would also take the wives and children of impoverished Hindus and sell them into slavery for the jizya requirement. The only way for many to avoid losing their families was to convert to Islam. This tremendous discrimination is how Islam made inroads into populations that wanted nothing to do with it (as a cleric so much as admitted in 2013). Technically, there is no such thing in Islam as an innocent non-Muslim, which makes those ballyhooed condemnations of "terror against innocent people" even more useless. There is a basis for protecting the "People of the Book" (originally Jews and Christians, but later extended to Hindus when Muslim leaders realized that killing them was less profitable than taxing them). "Dhimmis" place themselves completely under the rule of Muslims, relinquishing all rights and agreeing to finance the Muslim expansion. Unfortunately, even this has not been enough to spare religious minorities extreme persecution and massacre. Traditionally the collection of the jizya occurs at a ceremony that is designed to emphasize the subordinate status of the non-Muslim, where the subject is often struck in a humiliating fashion. M.A. Khan recounts that some Islamic clerics encouraged tax collectors to spit into the mouths of Hindu dhimmis during the process. He also quotes the popular Sufi teacher, Shaykh Ahmad Sirhindi: "The honor of Islam lies in insulting the unbelief and the unbelievers (kafirs). One who respects kafirs dishonors Muslims... The real purpose of levying the Jizya on them is to humiliate them... [and] they remain terrified and trembling." Islamic Jihad British preacher Anjem Choudary points out that "the normal situation is for [Muslims] to take money from the kuffar" (at the time, he was encouraging believers in the UK to quit working and live on public benefits). The Quran also affirms that the collection of jizya is is the ideal relationship between Muslims and non-Muslims. The verse mandating this (9:5) occurs much later than the verse stating that there is "no compulsion in religion" (2:256), meaning that it takes precedence and abrogates the earlier verse. This is why Islamic purists such as Hamas and the Taliban wish to reinstate the jizya. One of the first orders of the self-declared caliphate formed by the Islamic State in 2014 was to impose the jizya by force on Christians who refused to embrace Islam. An Egyptian cleric on al-Hafaz TV said in 2013 that American foreign aid to that country was a form of jizya "owed" to them. He believed that Muslims should demand more money from the Americans so that, in his words, "we can leave them alone." Only when the jizya is paid will America "be allowed to to recognize its own interests, the ones we agree to." Contemporary apologists often tout the earlier "no compulsion in religion" verse when attempting to portray Islam as peaceful - and are somewhat reluctant to admit that the jizya is a penalty for not being Muslim. They usually fall back on claiming that the jizya is merely a tax paid to the government - thus, glossing over the fact that this "tax" was imposed on the basis of religious status and was nearly always a much greater burden than that required of Muslim citizens. The interesting thing about this rhetorical strategy is that it directly contradicts any pretense that Islam is merely a religion and not a political system. In 2015, a prominent cleric in Kuwait chided apologists who are embarrassed and pretend that jizya is left in the past: I ask people not to be ashamed of their religion and to refrain from saying: "No, this was only in the past, Islam does not call for this…" No! Be firm in your religion, proclaim it, and say: "Yes, this is my religion!" Those who do not want to worship Allah should be enslaved, forced to pay the jizya poll tax, convert to Islam, or fought against. These are the four options, and there is no fifth option.  Othman Al-Khamis Tolerance in Islam isn't free. The jizya is money paid by non-Muslims in order to keep practicing their religion. Under Islamic law, if the money is not paid, the people are to be killed or enslaved. See also: Islamic Jizya: Fact and Fiction by Raymond Ibrahim and Rights of Non-Muslims in an Islamic State and this candid video from a Muslim scholar: Goal of Jizya is to Implement Islam

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The Quran

Was it really the eternal word of God to Mankind?

The Muslim claim is based on circular reasoning:

We know the Quran was from Allah because Muhammad said so and we know that Muhammad spoke for Allah because the Quran says so.

The Quran

Short Introduction The Quran Online Quran, Hadith and Tafsir Database  Arabic and Phonetic Quran (Multilingual) Material Sources for the Quran Hate Speech: What the Quran Says about You Verses of Violence About the Quran Problems with Textual Integrity Contradictions in the Quran Incompleteness and Incoherence What the Quran Says about the Bible 10 Facts about the Quran (Video) Allah's Curious Interest  in Muhammad's Sex Life An Unchanged Quran? The Word Count "Miracles" Science The Quran and Science Terrorism Suicide Attacks (Martyrdom) Commands to Holy War Killing to Avoid Hell In the Name of Allah Loyalty to a Non-Muslim Government The Religion of Peace Website (List of Attacks)

Human Rights Slavery Freedom of Expression Democracy Freedom of Conscience (Apostasy) Freedom of Belief (Extortion and the Jizya) Forced Conversion to Islam Homosexual Rights Torture Women's Rights Veils Women Worth Less than Men Proving Rape Wife-Beating Divorce - A Man's Prerogative Divorce and Remarriage Men in Charge of Women Polygamy Moral Issues Adultery and Punishment Prostitution (Temporary Marriage) Friendship with Christians and Jews Lying (Deception) Stealing Charity and Disaster Relief Love in the Quran? Forgiveness What Would Muhammad Do? (a Moral Checklist)

Estimated Chronology of the Quran Suras from Mecca 96, 68, 73, 74, 111, 81, 87, 92, 89, 93, 94, 103, 100, 108, 102, 107, 109, 105,113,114,112,53,80,97,91,85,95, 106,101,75, 104,77,50,90,86,54,38,7,72,36,25, 35, 19,20, 56,26,27, 28, 17, 10, 11, 12, 15, 6, 37, 31, 34, 39, 40, 41, 42, 43, 44, 45,  46, 51, 88, 18, 16, 71, 14, 21, 23, 32, 52, 67, 69, 70, 78, 79, 82, 84, 83, 29 Suras from Medina 2, 8, 3, 33, 60, 4, 99, 57, 47, 13, 55, 76, 65, 98, 59, 110, 24, 22, 63, 58, 49, 66, 61, 62, 64, 48, 9, 5

Rights of Non-Muslims
in an
Islamic State

By
Samuel Shahid
FOREWORD
Recently a few books have been written about the rights of non-Muslims who are subjugated to the rule of the Islamic law. Most of these books presented the Islamic view in a favorable fashion, without unveiling the negative facet inherited in these laws.
This brief study attempts to examine these laws as they are stated by the Four Schools of the Fiqh (jurisprudence). It aims at revealing to the reader the negative implications of these laws without ignoring the more tolerant views of modern reformers.
Our ardent hope that this study will reveal to our readers the bare truth in its both positive and negative facets.
S.S.

Concept of "Islamic State"

"An Islamic state is essentially an ideological state, and is thus radically different from a national state." This statement made by Mawdudi lays the basic foundation for the political, economical, social, and religious system of all Islamic countries which impose the Islamic law. This ideological system intentionally discriminates between people according to their religious affiliations. Mawdudi, a prominent Pakistani Muslim scholar, summarizes the basic differences between Islamic and secular states as follows:

1)

An Islamic state is ideological. People who reside in it are divided into Muslims, who believe in its ideology and non-Muslims who do not believe.

2)

Responsibility for policy and administration of such a state "should rest primarily with those who believe in the Islamic ideology." Non-Muslims, therefore, cannot be asked to undertake or be entrusted with the responsibility of policymaking.

3)

An Islamic state is bound to distinguish (i.e. discriminates) between Muslims and non-Muslims. However the Islamic law "Shari`a" guarantees to non-Muslims "certain specifically stated rights beyond which they are not permitted to meddle in the affairs of the state because they do not subscribe to its ideology." Once they embrace the Islamic faith, they "become equal participants in all matters concerning the state and the government."

The above view is the representative of the Hanifites, one of the four Islamic schools of jurisprudence. The other three schools are the Malikites, the Hanbilites (the strictest and the most fundamentalist of all), and the Shafi`ites. All four schools agree dogmatically on the basic creeds of Islam but differ in their interpretations of Islamic law which is derived from four sources:

a)

Qur'an (read or recite): The sacred book of Muslim community containing direct quotes from Allah as allegedly dictated by Gabriel.

b)

Hadith (narrative): The collections of Islamic traditions including sayings and deeds of Muhammad as heard by his contemporaries, first, second, and third hand.

c)

Al-Qiyas (analogy or comparison): The legal decision drawn by Islamic Jurists based on precedent cases.

d)

Ijma' (consensus): The interpretations of Islamic laws handed down by the consensus of reputed Muslim scholars in a certain country.

Textual laws prescribed in the Qur'an are few. The door is left wide open for prominent scholars versed in the Qur'an, the Hadith, and other Islamic discipline to present their Fatwa (legal opinion) as we shall see later.
Classification of Non-Muslims:
In his article, "The Ordinances of the People of the Covenant and the Minorities in an Islamic State," Sheikh Najih Ibrahim Ibn Abdullah remarks that legists classify non-Muslims or infidels into two categories: Dar-ul-Harb or the household of War, which refers to non-Muslims who are not bound by a peace treaty, or covenant, and whose blood and property are not protected by the law of vendetta or retaliation; and Dar-us-Salam or the household of Peace, which refers to those who fall into three classifications:

1)

Zimmis (those in custody) are non-Muslim subjects who live in Muslim countries and agree to pay the Jizya (tribute) in exchange for protection and safety, and to be subject to Islamic law. These enjoy a permanent covenant.

2)

People of the Hudna (truce) are those who sign a peace treaty with Muslims after being defeated in war. They agree to reside in their own land, yet to be subject to the legal jurisprudence of Islam like Zimmis, provided they do not wage war against Muslims.

3)

Musta'min (protected one) are persons who come to an Islamic country as messengers, merchants, visitors, or student wanting to learn about Islam. A Musta'min should not wage war against Muslims and he is not obliged to pay Jizya, but he would be urged to embrace Islam. If a Musta'min does not accept Islam, he is allowed to return safely to his own country. Muslims are forbidden to hurt him in any way. When he is back in his own homeland, he is treated as one who belongs to the Household of War.

This study will focus on the laws pertaining to Zimmis.

Islamic Law and Zimmis

Muslim Muftis (legal authorities) agree that the contract of the Zimmis should be offered primarily to the People of the Book, that is, Christians and Jews, then to the Magis or Zoroastrians. However, they disagree on whether any contract should be signed with other groups such as communists or atheists. The Hanbalites and the Shafi`ites believe that no contract should be made with the ungodly or those who do not believe in the supreme God. Hanifites and Malikites affirm that the Jizya may be accepted from all infidels regardless of their beliefs and faith in God. Abu Hanifa, however, did not want pagan Arabs to have this option because they are the people of the Prophet. They. must be given only two options: accept Islam or be killed.

The Jizya (tribute)

Jizya literally means penalty. It is a protection tax levied on non-Muslims living under Islamic regimes, confirming their legal status. Mawdudi states that "the acceptance of the Jizya establishes the sanctity of their lives and property, and thereafter neither the Islamic state, nor the Muslim public have any right to violate their property, honor or liberty." Paying the Jizya is a symbol of humiliation and submission because Zimmis are not regarded as citizens of the Islamic state although they are, in most cases, natives to the country.

Such an attitude alienates the Zimmis from being an essential part of the community. How can a Zimmi feel at home in his own land, among his own people, and with his own government, when he knows that the Jizya, which he pays, is a symbol of humiliation and submission? In his book The Islamic Law Pertaining to non-Muslims, Sheikh `Abdulla Mustafa Al-Muraghi indicates that the. Jizya can only be exempted from the Zimmi who becomes a Muslim or dies. The Shafi`i reiterates that the Jizya is not automatically put aside when the Zimmi embraces Islam. Exemption from the Jizya has become an incentive to encourage Zimmis to relinquish their faith and embrace Islam.
Sheik Najih Ibrahim Ibn Abdulla summarizes the purpose of the Jizya. He says, quoting Ibn Qayyim al-Jawziyya, that the Jizya is enacted:

"...to spare the blood (of the Zimmis), to be a symbol of humiliation of the infidels and as an insult and punishment to them, and as the Shafi`ites indicate, the Jizya is offered in exchange for residing in an Islamic country." Thus Ibn Qayyim adds, "Since the entire religion belongs to God, it aims at humiliating ungodliness and its followers, and insulting them. Imposing the Jizya on the followers of ungodliness and oppressing them is required by God's religion. The Qur'anic text hints at this meaning when it says: `until they give the tribute by force with humiliation.' (Qur'an 9:29). What contradicts this is leaving the infidels to enjoy their might and practice their religion as they wish so that they would have power and authority."

Zimmis and Religious Practices

Muslims believe that the Zimmis are Mushrikun (polytheists) for they see the belief in the Trinity as belief in three gods. Islam is the only true religion, they claim. Therefore, to protect Muslims from corruption, especially against the unforgivable sin of shirk (polytheism), its practice is forbidden among Muslims, because it is considered the greatest abomination. When Christians practice it publicly, it becomes an enticement and exhortation to apostasy. It is significant here to notice that according to Muraghi, Zimmis and infidels are polytheists and therefore, must have the same treatment.
According to Muslim jurists, the following legal ordinances must be enforced on Zimmis (Christians and Jews alike) who reside among Muslims:

1)

Zimmis are not allowed to build new churches, temples, or synagogues. They are allowed to renovate old churches or houses of worship provided they do not allow to add any new construction. "Old churches" are those which existed prior to Islamic conquests and are included in a peace accord by Muslims. Construction of any church, temple, or synagogue in the Arab Peninsula (Saudi Arabia) is prohibited. It is the land of the Prophet and only Islam should prevail there. Yet, Muslims, if they wish, are permitted to demolish all non-Muslim houses of worship in any land they conquer.

2)

Zimmis are not allowed to pray or read their sacred books out loud at home or in churches, lest Muslims hear their prayers.

3)

Zimmis are not allowed to print their religious books or sell them in public places and markets. They are allowed to publish and sell them among their own people, in their churches and temples.

4)

Zimmis are not allowed to install the cross on their houses or churches since it is a symbol of infidelity.

5)

Zimmis are not permitted to broadcast or display their ceremonial religious rituals on radio or television or to use the media or to publish any picture of their religious ceremonies in newspaper and magazines.

6)

Zimmis are not allowed to congregate in the streets during their religious festivals; rather, each must quietly make his way to his church or temple.

7)

Zimmis are not allowed to join the army unless there is indispensable need for them in which case they are not allowed to assume leadership positions but are considered mercenaries.

Mawdudi, who is a Hanifite, expresses a more generous opinion toward Christians. He said:

"In their own towns and cities they are allowed to do so (practice their religion) with the fullest freedom. In purely Muslim areas, however, an Islamic government has full discretion to put such restrictions on their practices as it deems necessary."

Apostasy in Islam

Apostasy means rejection of the religion of Islam either by action or the word of the mouth. "The act of apostasy, thus, put an end to one's adherence to Islam." when one rejects the fundamental creeds of Islam, he rejects the faith, and this is an act of apostasy such an act is a grave sin in Islam. The Qur'an indicates,

"How shall Allah guide those who reject faith after they accepted it and bore witness that the Apostle was true and the clear sign had come unto them. But Allah guides not the people of unjust of such the reward is that on them rests the curse of Allah, of His angels and of all mankind in that will they dwell; nor will their penalty be lightened, nor respite be their lot, except for those that repent after that and make amends; for verily Allah is Oft-forging, Most Merciful (Qur'an 3:86-89).

Officially, Islamic law requires Muslims not to force Zimmis to embrace Islam. It is the duty of every Muslim, they hold, to manifest the virtues of Islam so that those who are non-Muslims will convert willingly after discovering its greatness and truth. Once a person becomes a Muslim, he cannot recant. If he does, he will be warned first, then he will be given three days to reconsider and repent. If he persists in his apostasy, his wife is required to divorce him, his property is confiscated, and his children are taken away from him. He is not allowed to remarry. Instead, he should be taken to court and sentenced to death. If he repents, he may return to his wife and children or remarry. According to the Hanifites an apostate female is not allowed to get married. She must spend time in meditation in order to return to Islam. If she does not repent or recant, she will not be sentenced to death, but she is to be persecuted, beaten and jailed until she dies. Other schools of Shari`a demand her death. The above punishment is prescribed in a Hadith recorded by the Bukhari: "It is reported by `Abaas ... that the messenger of Allah ... said, `Whosoever changes his religion (from Islam to any other faith), kill him."
In his book Shari`ah: The Islamic Law, Doi remarks, "The punishment by death in the case of Apostasy has been unanimously agreed upon by all the four schools of Islamic jurisprudence."
A non-Muslim wishing to become a Muslim is encouraged to do so and anyone, even a father or a mother, who attempts to stop him, may be punished. However, anyone who makes an effort to proselytize a Muslim to any other faith may face punishment.

Civic Laws

Zimmis and Muslims are subject to the same civic laws. They are to be treated alike in matters of honor, theft, adultery, murder, and damaging property. They have to be punished in accordance with the Islamic law regardless of their religious affiliation. Zimmis and Muslims alike are subject to Islamic laws in matters of civic business, financial transactions such as sales, leases, firms, establishment of companies, farms, securities, mortgages, and contracts. For instance, theft is punishable by cutting off the thief's hand whether he is a Muslim or a Christian. But when it comes to privileges, the Zimmis do not enjoy the same treatment. For instance, Zimmis are not issued licenses to carry weapons.

Marriage and Children

A Muslim male can marry a Zimmi girl, but a Zimmi man is not allowed to marry a Muslim girl. If a woman embraces Islam and wants to get married, her non-Muslim father does not have the authority to give her away to her bridegroom. She must be given away by a Muslim guardian.
If one parent is a Muslim, children must be raised as Muslims. If the father is a Zimmi and his wife converts to Islam, she must get a divorce; then she will have the right of custody of her child. Some fundamentalist schools indicate that a Muslim husband has the right to confine his Zimmi wife to her home and restrain her from going to her own house of worship.

Capital Punishment

The Hanifites believe that both Zimmis and Muslims must suffer the same Penalty for similar crimes. If a Muslim kills a Zimmi intentionally, he must be killed in return. The same applies to a Christian who kills a Muslim. But other schools of Law have different interpretations of Islamic law. The Shafi`ites declare that a Muslim who assassinates a Zimmi must not be killed, because it is not reasonable to equate a Muslim with a polytheist (Mushrik). In such a case, blood price must be paid. The penalty depends on the school of law adopted by the particular Islamic country where the crime or offense is committed. This illustrates the implication of different interpretations of the Islamic law based on the Hadith.
Each school attempts to document its legal opinion by referring to the Hadith or to an incident experienced by the Prophet or the "rightly guided" Caliphs.

The Witness of Zimmis

Zimmis cannot testify against Muslims. They can only testify against other Zimmis or Musta'min. Their oaths are not considered valid in an Islamic court. According to the Shari`a, a Zimmi is not even qualified to be under oath. Muraghi states bluntly, "The testimony of a Zimmi is not accepted because Allah - may He be exalted - said: `God will not let the infidels (kafir) have an upper hand over the believers'." A Zimmi, regarded as an infidel, cannot testify against any Muslim regardless of his moral credibility. If a Zimmi has falsely accused another Zimmi and was once punished, his credibility and integrity is tarnished and his testimony is no longer acceptable. One serious implication of this is that if one Muslim has committed a serious offense against another, witnessed by Zimmis only, the court will have difficulty deciding the case since the testimonies of Zimmis are not acceptable. Yet, this same Zimmi whose integrity is blemished, if he converts to Islam, will have his testimony accepted against the Zimmis and Muslims alike, because according to the Shari`a, "By embracing Islam he has gained a new credibility which would enable him to witness..." All he has to do is to utter the Islamic confession of faith before witnesses, and that will elevate him from being an outcast to being a respected Muslim enjoying all the privileges of a devout Muslim.

Personal Law

On personal matters of marriages, divorces, and inheritance, Zimmis are allowed to appeal to their own religious courts. Each Christian denomination has the right and authority to determine the outcome of each case. Zimmis are free to practice their own social and religious rites at home and in church without interference from the state, even in such matters as drinking wine, rearing pigs, and eating pork, as long as they do not sell them to Muslims. Zimmis are generally denied the right to appeal to an Islamic court in family matters, marriage, divorce, and inheritance. However, in the event a Muslim judge agrees to take such a case, the court must apply Islamic law.

Political Rights and Duties

The Islamic state is an ideological state, thus the head of the state inevitably must be a Muslim, because he is bound by the Shari`a to conduct and administer the state in accordance with the Qur'an and the Sunna. The function of his advisory council is to assist him in implementing the Islamic principles and adhering to them. Anyone who does not embrace Islamic ideology cannot be the head of state or a member of the council.
Mawdudi, aware of the requirements of modern society, seems to be more tolerant toward Zimmis. He says,

"In regard to a parliament or a legislature of the modern type which is considerably different from the advisory council in its traditional sense, this rule could be relaxed to allow non-Muslims to be members provided that it has been fully ensured in the constitution that no law which is repugnant to the Qur'an and the Sunna should be enacted, that the Qur'an and the Sunna should be the chief source of public law, and that the head of the state should necessarily be a Muslim."

Under these circumstances, the sphere of influence of non-Muslim minorities would be limited to matters relating to general problems of the country or to the interest of the minorities. Their participation should not damage the fundamental requirement of Islam. Mawdudi adds,

"It is possible to form a separate representative assembly for all non-Muslim groups in tbe capacity of a central agency. The membership and the voting rights of such an assembly will be confined to non-Muslims and they would be given the fullest freedom within its frame-work."

These views do not receive the approval of most other schools of the Shari`a which hold that non-Muslims are not allowed to assume any position which might bestow on them any authority over any Muslim. A position of sovereignty demands the implementation of Islamic ideology. It is alleged that a non-Muslim (regardless of his ability, sincerity, and loyalty to his country) cannot and would not work faithfully to achieve the ideological and political goals of Islam.

Business World

The political arena and the official public sectors are not the only area in which non-Muslims are not allowed to assume a position of authority. A Muslim employee who works in a company inquires in a letter "if it is permissible for a Muslim owner (of a company) to confer authority on a Christian over other Muslims? (Al-Muslim Weekly; Vol. 8; issue No. 418; Friday 2, 5, 1993).
In response to this inquiry three eminent Muslim scholars issued their legal opinions:
Sheikh Manna` K. Al-Qubtan, professor of Higher studies at the School of Islamic Law in Riyadh, indicates that:

Basically, the command of non-Muslims over Muslims in not admissible, because God Almighty said: 'Allah will not give access to the infidels (i.e. Christians) to have authority over believers (Muslims) {Qur'an 4:141}. For God - Glory be to Him - has elevated Muslims to the highest rank (over all men) and foreordained to them the might, by virtue of the Qurtanic text in which God the Almighty said: 'Might and strength be to Allah, the Prophet (Muhammad) and the believers (Muslims) {Qur'an 63:8}.Thus, the authority of non-Muslim over a Muslim is incompatible with these two verses, since the Muslim has to submit to and obey whoever is in charge over him. The Muslim, therefore becomes inferior to him, and this should not be the case with the Muslim.

Dr. Salih Al-Sadlan, professor of Shari`a at the School of Islamic Law, Riyadh, cites the same verses and asserts that it is not permissible for a infidel (in this case is a Christian) to be in charge over Muslims whether in the private or public sector. Such an act:

"entails the humiliaton of the Muslim and the exaltation of the infidel (Christian). This infidel may exploit his position to humiliate and insult the Muslims who work under his administration. It is advisable to the company owner to fear God Almighty and to authorize only a Muslim over the Muslims. Also, the injunctions issued by the ruler, provides that an infidel should not be in charge when there is a Muslim available to assume the command. Our advice to the company owner is to remove this infidel and to replace him with a Muslim."

In his response Dr. Fahd Al-`Usaymi, professor of Islamic studies at the Teachers' College in Riyadh, remarks that the Muslim owner of the company should seek a Muslim employee who is better than the Christian (manager), or equal to him or even less qualified but has the ability to be trained to obtain the same skill enjoyed by the Christian. It is not permissible for a Christian to be in charge of Muslims by the virtue of the general evidences which denote the superiority of the Muslim over others. Then he quotes (Qur'an 63:8) and also cites verse 22 of Chapter 58:

Thou wilt not find any people who believe in Allah and the Last Day, loving those who resist Allah and His Apostle, even though they were their fathers or their sons, or their brothers, or their kindred.

`Usaymi claims that being under the authority of a Christian may force Muslims to flatter him and humiliate themselves to this infidel on the hope to obtain some of what he has. This is against the confirmed evidences. Then he alludes to the story of Umar Ibn Al-Khattab the second Caliph, who was displeased with one of his governors who appointed a Zimmi as a treasurer, and remarked: "Have the wombs of women become sterile that they gave birth only to this man?" Then `Usaymi adds:

Muslims should fear God in their Muslim brothers and train them... for honesty and fear of God are, originally, in the Muslim, contrary to the infidel (the Christian) who, originally, is dishonest and does not fear God.

Does this mean that a Christian who owns a business cannot employ a Muslim to work for him? Even worse, does this mean that a Zimmi, regardless of his unequal qualification, cannot be appointed to the right position where he would serve his country the best? This question demands an answer.

Freedom of Expression

Mawdudi, who is more lenient than most Muslim scholars, presents a revolutionary opinion when he emphasizes that in an Islamic state:

"all non-Muslims will have the freedom of conscience, opinion, expression, and association as the one enjoyed by Muslims themselves, subject to the same limitations as are imposed by law on Muslims."

Mawdudi's views are not accepted by most Islamic schools of law, especially in regard to freedom of expression like criticism of Islam and the government. Even in a country like Pakistan, the homeland of Mawdudi, it is illegal to criticize the government or the head of state. Many political prisoners are confined to jails in Pakistan and most other Islamic countries. Through the course of history. except in rare cases, not even Muslims have been given freedom to criticize Islam without being persecuted or sentenced to death. It is far less likely for a Zimmi to get away with criticizing Islam.
In Mawdudi's statement, the term "limitations" is vaguely defined. If it were explicitly defined, you would find, in the final analysis, that it curbs any type of criticism against the Islamic faith and government.
Moreover, how can the Zimmis express the positive aspects of their religion when they are not allowed to use the media or advertise them on radio or TV? Perhaps Mawdudi meant by his proposals to allow such freedom to Zimmis only among themselves. Otherwise, they would be subject to penalty. Yet, Muslims are allowed, according to the Shari`a (law) to propagate their faith among all religious sects without any limitations.

Muslims and Zimmis

Relationships between Muslims and Zimmis are classified in two categories: what is forbidden and what is allowable.
I. The Forbidden:
A Muslim is not allowed to:

1. emulate the Zimmis in their dress or behavior.


2. attend Zimmi festivals or support them in any way which may give them any power over Muslims.


3. lease his house or sell his land for the construction of a church, temple, liquor store, or anything that may benefit the Zimmi's faith.


4. work for Zimmis in any job that might promote their faith such as constructing a church.


5. make any endowment to churches or temples.


6. carry any vessel that contains wine, work in wine production, or transport pigs.


7. address Zimmis with any title such as: "my master" or "my lord."

II. The Allowable
A Muslim is allowed to:

1. financially assist the Zimmis, provided the money is not used in violation of Islamic law like buying wine or pork.


2. give the right of pre-emption (priority in buying property) to his Zimmi neighbor. The Hanbilites disapprove of this.


3. eat food prepared by the People of the Book.


4. console the Zimmis in an illness or in the loss of a loved one. It is also permissible for a Muslims to escort a funeral to the cemetery, but he has to walk in front of the coffin, not behind it, and he must depart before the deceased is buried.


5. congratulate the Zimmis for a wedding, birth of a child, return from a long trip, or recovery from illness. However, Muslims are warned not to utter any word which may suggest approval of the Zimmis'faith, such as: "May Allah exalt you," "May Allah honor you," or "May Allah give your religion victory."

Conclusion

This study shows us that non-Muslims are not regarded as citizens by any Islamic state, even if they are original natives of the land. To say otherwise is to conceal the truth. Justice and equality require that any Christian Pakistani, Melanesian, Turk, or Arab be treated as any other citizen of his own country. He deserves to enjoy the same privileges of citizenship regardless of religious affiliation. To claim that Islam is the true religion and to accuse other religions of infidelity is a social, religious and legal offense against the People of the Book.
Christians believe that their religion is the true religion of God and Islam is not. Does that mean that Great Britain, which is headed by a Queen, the head of the Anglican Church, should treat its Muslim subjects as a second class? Moreover, why do Muslims in the West enjoy all freedoms allotted to all citizens of these lands, while Muslim countries do not allow native Christians the same freedom? Muslims in the West build mosques, schools, and educational centers and have access to the media without any restriction. They publicly advertise their activities and are allowed to distribute their Islamic materials freely, while native Christians of any Islamic country are not allowed to do so. Why are Christians in the West allowed to embrace any religion they wish without persecution while a person who chooses to convert to another religion in any Islamic country, is considered an apostate and must be killed if he persists in his apostasy? These questions and others are left for readers to ponder.

REFERENCES

1. Abdullah, Najih Ibrahim Bin, The Ordinances of the People of the Covenant and the Minorities in an Islamic State, Balagh Magazine, Cairo, Egypt, Volume 944, May 29, 1988; Volume 945, June 5, 1988.


2. Al Muslimun, Vol. 8; issue No, 418; Friday 2, 5, 1993.


3. Doi, `Abdur Rahman I.; Shari`a: The Islamic Law; Taha Publishers; London UK; 1984.


4. Mawdudi, S. Abul `Ala', The Rights of Non-Muslims in Islamic State, Islamic Publications, LTD. Lahore, Pakistan. 1982


5. Muraghi, Abdullah Mustapha, Islamic Law Pertaining to Non-Muslims, Library of Letters. Egypt. Undated

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Answering Islam Home Page

https://www.answering-islam.org/NonMuslims/rights.htm

ISLAMIC JIZYA: FACT AND FICTION

An ugly Islamic institution returns even as Western academics continue to whitewash it.

May 28, 2015

Raymond Ibrahim

Raymond Ibrahim is a Shillman Journalism Fellow at the David Horowitz Freedom Center.

 The Return of Jizya

Muslim demands for non-Muslim “infidels” to pay jizya on pain of death are growing, even as the West fluctuates between having no clue what jizya is and thinking that jizya is an example of “tolerance” in Islam.

In the video where the Islamic State slaughters some 30 Christian Ethiopians in Libya last April, the spokesman repeatedly pointed out that payment of jizya (which the impoverished Ethiopian migrant workers could not render, nor the 21 Copts before them) is the only way for Christians around the world to safeguard their lives:

But whoever refuses [to pay jizya] will see nothing from us but the edge of a spear. The men will be killed and the children will be enslaved, and their wealth will be taken as booty. This is the judgment of Allah and His Messenger.

When the Islamic State invaded ancient Christian regions around the Ninevah Plain last June, it again declared: “We offer them [Assyrian Christians] three choices: Islam; the dhimma contract—involving payment of jizya; if they refuse this they will have nothing but the sword.”

The Islamic State—which most Western politicians ludicrously insist “has nothing to do with Islam”—is not alone in calling for jizya from Christian “infidels.” In 2002, Saudi Sheikh Muhammad bin Abdul Rahman, discussing the Muslim prophet’s prediction that Islam will eventually conquer Rome, said, “We will control the land of the Vatican; we will control Rome and introduce Islam in it. Yes, the Christians . . . will yet pay us the jizya, in humiliation, or they will convert to Islam.”

And in a video recently posted, Sheik ‘Issam Amira appears giving a sermon in Al Aqsa Mosque where he lamentsthat too many Muslims think jihad is only for defense against aggressors, when in fact Muslims are also obligated to wage offensive jihad against non-Muslims:

When you face your pagan enemy, call them—either to Islam, jizya, or seek Allah’s help and fight them. Even if they do not fight [or initiate hostilities], fight them!... Fight them! When? When they fight you? No, when they refuse to convert to Islam or refuse to pay jizya…. Whether they like it or not, we will subjugate them to Allah’s authority.”

In short, if the Islamic State is enforcing jizya on “infidels,” demands for its return are on the increase all around the Muslim world. Put differently, if Abu Shadi, an Egyptian Salfi leader, once declared that Egypt’s Christians “must either convert to Islam, pay jizya, or prepare for war,” Dr. Amani Tawfiq, a female professor at Egypt’s Mansoura University, once said that “If Egypt wants to slowly but surely get out of its economic situation and address poverty in the country, the jizya has to be imposed on the Copts.”

 The Doctrine and History of Jizya

So what exactly is jizya?

The word jizya appears in Koran 9:29, in an injunction that should be familiar by now: “Fight those among the People of the Book [Christians and Jews] who do not believe in Allah nor the Last Day, nor forbid what Allah and his Messenger have forbidden, nor embrace the religion of truth, until they pay the jizya with willing submission and feel themselves subdued (emphasis added).”

In the hadith, the Messenger of Allah, Muhammad, regularly calls on Muslims to demand jizya of non-Muslims:  “If they refuse to accept Islam, demand from them the jizya. If they agree to pay, accept it from them and hold off your hands. If they refuse to pay jizya, seek Allah’s help and fight them.”

The second “righteous caliph,” Omar al-Khattab, reportedly said that any conquered “infidel” who refuses to convert to Islam “must pay the jizya out of humiliation and lowliness. If they refuse this, it is the sword without leniency.”

This theme of non-Muslim degradation appears regularly in the commentaries of Islam’s authorities. According to the Medieval Islamic Civilization Encyclopedia, Muslim “jurists came to view certain repressive and humiliating aspects of dhimma as de rigueur. Dhimmis [subjugated non-Muslim Christians and Jews] were required to pay the jizya publicly, in broad daylight, with hands turned palm upward, and to receive a smart smack on the forehead or the nape of the neck from the collection officer.”

Some of Islam’s jurists mandated a number of other humiliating rituals at the time of jizya payment, including that the presiding Muslim official slap, choke, and in some cases pull the beard of the paying dhimmi, who might even be required to approach the official on all fours, in bestial fashion.

The root meaning of the Arabic word “jizya” is simply to “repay” or “recompense,” basically to “compensate” for something.  According to the Hans Wehr Dictionary, the standard Arabic-English dictionary, jizya is something that “takes the place” of something else, or “serves instead.”

Simply put, conquered non-Muslims were to purchase their lives, which were otherwise forfeit to their Muslim conquerors, with money. Instead of taking their lives, they took their money.  As one medieval jurist succinctly put it, “their lives and their possessions are only protected by reason of payment of jizya.”

Past and increasingly present, Muslims profited immensely by exacting jizya from conquered peoples.

For instance, Amr bin al-As, the companion of Muhammad who conquered Christian Egypt in the early 640s, tortured and killed any Christian Copt who tried to conceal his wealth. When a Copt inquired of him, “How much jizya are we to pay?” the Islamic hero replied, “If you give me all that you own—from the ground to the ceiling—I will not tell you how much you owe. Instead, you [the Christian Copts] are our treasure chest, so that, if we are in need, you will be in need, and if things are easy for us, they will be easy for you.”

Yet even that was not enough. Caliph Uthman later chided Amr bin al-As because another governor of Egypt had managed to increase the caliphate’s treasury double what Amr had. In the words of Uthman, the “milk camels [Egypt’s Christians, that is] . . . yielded more milk.” Years later, yet another caliph, Suliman Abdul Malik, wrote to the governor of Egypt advising him “to milk the camel until it gives no more milk, and until it milks blood.”

Little wonder Egypt went from being almost entirely Christian in the seventh century to today having a mere 10%—and steadily dwindling, thanks to ongoing persecution—Christian minority.

Related to the idea of institutionalized jizya is the notion that non-Muslims are fair game to plunder whenever possible. The jizya entry in the Encyclopaedia of Islam states that “with or without doctrinal justification, arbitrary demands [for money] appeared at times.” Even that medieval traveler, Marco Polo, whose chronicles appear impartial, made an interesting observation concerning the Muslims in Tauris (modern day Iraq) in the thirteenth century:

According to their doctrine [Islam], whatever is stolen or plundered from others of a different faith, is properly taken, and the theft is no crime; whilst those who suffer death or injury by the hands of Christians [during the course of a plunder-driven raid], are considered as martyrs…. These principles are common to all Saracens [Muslims].

All this is echoed in recent times by the words of Sheikh Abu Ishaq al-Huwaini, spoken a few years ago, concerning what the Muslim world should do to overcome its economic problems:

If only we can conduct a jihadist invasion at least once a year or if possible twice or three times, then many people on earth would become Muslims. And if anyone prevents our dawa [invitation to conversion] or stands in our way, then we must kill or take them as hostage and confiscate their wealth, women and children. Such battles will fill the pockets of the Mujahid [holy warrior] who can return home with 3 or 4 slaves, 3 or 4 women and 3 or 4 children. This can be a profitable business if you multiply each head by 300 or 400 dirham. This can be like financial shelter whereby a jihadist, in time of financial need, can always sell one of these heads.

So it was for well over a millennium: Muslim rulers and mobs extorted money from “infidels” under their sway as a legitimate way to profit.

Much of this financial fleecing came to an end thanks to direct European intervention. Beginning in the mid-nineteenth century, one Muslim region after another abolished the jizya and gave non-Muslims unprecedented

rights—originally to appease Western powers, later in emulation of Western governance. The Ottoman Empire’s Hatt-i Humayun decree of 1856 abolished the jizya in many Ottoman-ruled territories. Elsewhere in the Muslim world, the jizya was gradually abolished wherever Western powers were present.

Today, however, as Muslims reclaim their Islamic heritage—often to the approval and encouragement of a West, now under the spell of “multiculturalism”—jizya, whether institutionalized as under the Islamic State, or as a rationale to plunder infidels, is back.

Even in the West, in 2013, a UK Muslim preacher who was receiving more than 25,000 pounds annually in welfare benefits referred to British taxpayers as “slaves,” and explained: “We take the jizya, which is our haq [Arabic for “right”], anyway. The normal situation by the way is to take money from the kafir [infidel], isn’t it? So this is the normal situation. They give us the money—you work, give us the money, Allahu Akhbar [“Allah is Great”]. We take the money.”

 Academic Lies about Jizya

Yet if Muslims—from Islamic State jihadis to Egyptian university professors—know the truth about jizya, the West is today oblivious, thanks to its leading authorities on Islam: Western academics and other “experts” and talking heads.

Consider the following excerpt from John Esposito, director of the Prince Alwaleed Center for Muslim-Christian Understanding at Georgetown University and a widely acknowledged go-to source for anything Islamic:

In many ways, local populations [Christians, Jews, and others] 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 (emphasis added) …

Despite the almost gushing tone related to Muslim rule, the idea that jizya was extracted in order to buy “Muslim protection from outside aggression” is an outright lie. Equally false is Esposito’s assertion that jizya was paid to “exempt them [non-Muslims] from military service”—as if conquering Muslims would even want or allow their conquered “infidel” subjects to fight alongside them in the name of jihad (holy war against infidels) without first converting to Islam.

Yet these two myths—that jizya was for “Muslim protection from outside aggression” and exemption from military service—are now widely accepted. In “Nothing ‘Islamic’ About ISIS, Part Two: What the ‘Jizya’ Really Means,” one Hesham A. Hassaballa recycles these fabrications on BeliefNet by quoting Sohaib Sultan, Princeton University’s Muslim chaplain, who concludes: “Thus, jizyah is no more and no less than an exemption tax in lieu of military service and in compensation for the ‘covenant of protection’ (dhimmah) accorded to such citizens by the Islamic state.”

In reality and as demonstrated above via the words of a variety of authoritative Muslims, past and present, jizya was, and is indeed, protection money—though protection, not from outsiders, as Esposito and others claim, but from surrounding Muslims themselves.  Whether it is the first caliphate from over a millennium ago or whether it is the newest caliphate, the Islamic State, Muslim overlords continue to deem the lives of their “infidel” subjects forfeit unless they purchase it, ransom it with money. Put differently, the subjugated infidel is a beast to be milked “until it gives no more milk and until it milks blood,” to quote the memorable words of an early caliph.

There is nothing humane, reasonable, or admirable about demands for jizya from conquered non-Muslim minorities, as the academics claim. Jizya is simply extortion money. Its purpose has always been to provide non-Muslims with protection from Muslims: pay up, or else convert to Islam, or else die.

And it is commanded in both the Koran and Hadith, the twin pillars of Islam. In short, jizya is yet another ugly fact of Islam—add to offensive jihad, imperialism, misogyny, slavery, etc.—one that, distort as they may, the academics cannot whitewash away, even as the world stands idly by watching its resumption in the twenty-first century.

Note: Most quotations not hyperlinked are sourced from Crucified Again: Exposing Islam’s New War on Christians. Full references can be found there.

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 Tags: Islam, koran, sharia, Jizya

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ABOUT RAYMOND IBRAHIM

Raymond Ibrahim is a Shillman Fellow at the David Horowitz Freedom Center, a Judith Friedman Rosen Writing Fellow at the Middle East Forum and a CBN News contributor. He is the author of Crucified Again: Exposing Islam’s New War on Christians (2013) and The Al Qaeda Reader (2007). 

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