books on Dhimmitude

Hello Jim,


(smile) I flipped through a short book by Syed Abul 'Ala Maududi one day many years ago called the Rights of Non-Muslims in Islamic State in an Islamic bookshop. Unfortunately, I did not purchase it! And it seems hard to find nowadays. But it talked about what you are looking for, it seems to me.

I have also read that Yusuf Al-Qaradawi has written on the topic of non-Muslims in the Islamic state, but I am not aware of any English translations of this work.

(smile) You must realize that, like many other things, there is not a consensus on the exact outlines of what these rights should be. Muslims can be as diverse as anyone else.

However, there are some basic points of agreement. Firstly, it is useful to realize that non-Muslims (called ahl al-thimmi, or People of the Covenant) existed at the time of the Medinan constitution. However, these people at the time consisted mainly of Jews and some Christians. Over time, as Muslims came into contact with more diverse peoples, the local Muslim rulers generally adopted pretty much the same attitude towards other non-Muslims. It should also be noted that the rights and obligations of ahl-al-thimmi evolved over time; in the Medinan state, the ahl al-thimmi were expected to fight to defend the city-state; in later times, they were not.

It is also useful to look at the meaning of the root (voiced) th-m-m. It is a rich root with many layers of meaning. Essentially, ahl al-thimmi could be translated as: the people with whom you (Muslims) have a covenant, and that come under your protection (life, property, reputation, respect), and for whom you will be held accountable for (blameworthy) if you do not fulfil your obligations to them (if you want to have a look at all the words and subtleties arising from this root, try the following resource: http://www.tyndalearchive.com/tabs/lane/. In Book I, page 75, you will find the start of the th-m-m root words with their meanings. However, if you can't read Arabic letters, this is a problem…).

When you ask about "dhimmitude", this is misleading and suggests it is a form of servitude. It is not. I will offer the following hadith to show how it was seen in the Prophet's (May God Bless him) time:

While a Jew was selling goods, he was given something which he did not accept or he did not agree (to accept) that 'Abdul 'Azlz (one of the narrators) is doubtful about it. He (the Jew) said: By Allah, Who chose Moses (peace be upon him) among mankind. A person from the Ansar heard it and gave a blow at his face saying: (You have the audacity) to say: By Him Who chose Moses amongst mankind, whereas Allah's Messenger (ﷺ) is living amongst us. The Jew went to Allah's Messenger (ﷺ) and said: Abu'l-Qasim, I am a Dhimmi and (thus need your protection) by a covenant, and added: Such and such person has given a blow upon my face. Thereupon Allah's Messenger (ﷺ) said: Why did you give a blow on his face? He said: Allah's Messenger, this man said: By Him Who chose Moses (peace be upon him) amongst mankind, whereas you are living amongst us. Allah's Messenger (ﷺ) became angry and signs of anger could be seen on his face, and then said: Don't make distinction amongst the Prophets of Allah. When the horn will be blown and whatever is in the heavens and the earth would swoon but he whom Allah grants exception, then another horn will be blown and I would be the first amongst those who would recover and Moses (peace be upon him) would be catching hold of the Throne and I do not know whether it is a compensation for that when he swooned on the Day of Tur or he would be resurrected before me and I do not say that anyone is more excellent than Yunus [Jonah] son of Matta (peace he upon him).



حَدَّثَنِي زُهَيْرُ بْنُ حَرْبٍ، حَدَّثَنَا حُجَيْنُ بْنُ الْمُثَنَّى، حَدَّثَنَا عَبْدُ الْعَزِيزِ بْنُ عَبْدِ اللَّهِ، بْنِ أَبِي سَلَمَةَ عَنْ عَبْدِ اللَّهِ بْنِ الْفَضْلِ الْهَاشِمِيِّ، عَنْ عَبْدِ الرَّحْمَنِ الأَعْرَجِ، عَنْ أَبِي هُرَيْرَةَ، قَالَ بَيْنَمَا يَهُودِيٌّ يَعْرِضُ سِلْعَةً لَهُ أُعْطِيَ بِهَا شَيْئًا كَرِهَهُ أَوْ لَمْ يَرْضَهُ - شَكَّ عَبْدُ الْعَزِيزِ - قَالَ لاَ وَالَّذِي اصْطَفَى مُوسَى عَلَيْهِ السَّلاَمُ عَلَى الْبَشَرِ ‏.‏ قَالَ فَسَمِعَهُ رَجُلٌ مِنَ الأَنْصَارِ فَلَطَمَ وَجْهَهُ - قَالَ - تَقُولُ وَالَّذِي اصْطَفَى مُوسَى عَلَيْهِ السَّلاَمُ عَلَى الْبَشَرِ وَرَسُولُ اللَّهِ صلى الله عليه وسلم بَيْنَ أَظْهُرِنَا قَالَ فَذَهَبَ الْيَهُودِيُّ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ يَا أَبَا الْقَاسِمِ إِنَّ لِي ذِمَّةً وَعَهْدًا ‏.‏ وَقَالَ فُلاَنٌ لَطَمَ وَجْهِي ‏.‏ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏"‏ لِمَ لَطَمْتَ وَجْهَهُ ‏"‏ ‏.‏ قَالَ ‏.‏ قَالَ يَا رَسُولَ اللَّهِ وَالَّذِي اصْطَفَى مُوسَى عَلَيْهِ السَّلاَمُ عَلَى الْبَشَرِ وَأَنْتَ بَيْنَ أَظْهُرِنَا ‏.‏ قَالَ فَغَضِبَ رَسُولُ اللَّهِ صلى الله عليه وسلم حَتَّى عُرِفَ الْغَضَبُ فِي وَجْهِهِ ثُمَّ قَالَ ‏"‏ لاَ تُفَضِّلُوا بَيْنَ أَنْبِيَاءِ اللَّهِ فَإِنَّهُ يُنْفَخُ فِي الصُّورِ فَيَصْعَقُ مَنْ فِي السَّمَوَاتِ وَمَنْ فِي الأَرْضِ إِلاَّ مَنْ شَاءَ اللَّهُ - قَالَ - ثُمَّ يُنْفَخُ فِيهِ أُخْرَى فَأَكُونُ أَوَّلَ مَنْ بُعِثَ أَوْ فِي أَوَّلِ مَنْ بُعِثَ فَإِذَا مُوسَى عَلَيْهِ السَّلاَمُ آخِذٌ بِالْعَرْشِ فَلاَ أَدْرِي أَحُوسِبَ بِصَعْقَتِهِ يَوْمَ الطُّورِ أَوْ بُعِثَ قَبْلِي وَلاَ أَقُولُ إِنَّ أَحَدًا أَفْضَلُ مِنْ يُونُسَ بْنِ مَتَّى عَلَيْهِ السَّلاَمُ ‏"‏ ‏.‏

Reference	: Sahih Muslim 2373 a
In-book reference	: Book 43, Hadith 209
USC-MSA web (English) reference	: Book 30, Hadith 5853
(deprecated numbering scheme)

It is also important to note that non-Muslims were not required to fight for the Muslim state. And they did not have to pay the zakat tax on their property (this tax helps pay for welfare programs, and other government programs, which both needy Muslims and non-Muslims may apply to). They were therefore required to pay a jizyah (literal meaning: compensation fee). Essentially, this was a fee to get out of military service. However, if the men decided to enlist in the military (and some non-Muslims opted for this; the Christian Armenians were particularly noted for their military contributions), they did not have to pay the jizyah.

(smile) This is the theory. Were some Muslims tempted to go overboard and profit from this? (sigh) Well, you know what human beings can be like… Still, the principle was one of fairness. The following hadith illustrates how important the noted companion of the Prophet (May God Bless him) and rightly-guided caliph Umar bin Al-Khattab felt were the rights of these protected peoples: as he was dying, he emphasized their rights.

Narrated `Amr bin Maimun Al-Audi:

I saw `Umar bin Al-Khattab (when he was stabbed) saying, "O `Abdullah bin `Umar! Go to the mother of the believers Aisha and say, `Umar bin Al-Khattab sends his greetings to you,' and request her to allow me to be buried with my companions." (So, Ibn `Umar conveyed the message to `Aisha.) She said, "I had the idea of having this place for myself but today I prefer him (`Umar) to myself (and allow him to be buried there)." When `Abdullah bin `Umar returned, `Umar asked him, "What (news) do you have?" He replied, "O chief of the believers! She has allowed you (to be buried there)." On that `Umar said, "Nothing was more important to me than to be buried in that (sacred) place. So, when I expire, carry me there and pay my greetings to her (`Aisha ) and say, `Umar bin Al-Khattab asks permission; and if she gives permission, then bury me (there) and if she does not, then take me to the graveyard of the Muslims. I do not think any person has more right for the caliphate than those with whom Allah's Messenger (ﷺ) (p.b.u.h) was always pleased till his death. And whoever is chosen by the people after me will be the caliph, and you people must listen to him and obey him," and then he mentioned the name of `Uthman, `Ali, Talha, Az-Zubair, `Abdur-Rahman bin `Auf and Sa`d bin Abi Waqqas. By this time a young man from Ansar came and said, "O chief of the believers! Be happy with Allah's glad tidings. The grade which you have in Islam is known to you, then you became the caliph and you ruled with justice and then you have been awarded martyrdom after all this." `Umar replied, "O son of my brother! Would that all that privileges will counterbalance (my short comings), so that I neither lose nor gain anything. I recommend my successor to be good to the early emigrants and realize their rights and to protect their honor and sacred things. And I also recommend him to be good to the Ansar who before them, had homes (in Medina) and had adopted the Faith. He should accept the good of the righteous among them and should excuse their wrongdoers. I recommend him to abide by the rules and regulations concerning the Dhimmis (protectees) of Allah and His Apostle, to fulfill their contracts completely and fight for them and not to tax (overburden) them beyond their capabilities."

حَدَّثَنَا قُتَيْبَةُ، حَدَّثَنَا جَرِيرُ بْنُ عَبْدِ الْحَمِيدِ، حَدَّثَنَا حُصَيْنُ بْنُ عَبْدِ الرَّحْمَنِ، عَنْ عَمْرِو بْنِ مَيْمُونٍ الأَوْدِيِّ، قَالَ رَأَيْتُ عُمَرَ بْنَ الْخَطَّابِ ـ رضى الله عنه ـ قَالَ يَا عَبْدَ اللَّهِ بْنَ عُمَرَ، اذْهَبْ إِلَى أُمِّ الْمُؤْمِنِينَ عَائِشَةَ ـ رضى الله عنها ـ فَقُلْ يَقْرَأُ عُمَرُ بْنُ الْخَطَّابِ عَلَيْكِ السَّلاَمَ، ثُمَّ سَلْهَا أَنْ أُدْفَنَ مَعَ صَاحِبَىَّ‏.‏ قَالَتْ كُنْتُ أُرِيدُهُ لِنَفْسِي، فَلأُوثِرَنَّهُ الْيَوْمَ عَلَى نَفْسِي‏.‏ فَلَمَّا أَقْبَلَ قَالَ لَهُ مَا لَدَيْكَ قَالَ أَذِنَتْ لَكَ يَا أَمِيرَ الْمُؤْمِنِينَ‏.‏ قَالَ مَا كَانَ شَىْءٌ أَهَمَّ إِلَىَّ مِنْ ذَلِكَ الْمَضْجَعِ، فَإِذَا قُبِضْتُ فَاحْمِلُونِي ثُمَّ سَلِّمُوا ثُمَّ قُلْ يَسْتَأْذِنُ عُمَرُ بْنُ الْخَطَّابِ‏.‏ فَإِنْ أَذِنَتْ لِي فَادْفِنُونِي، وَإِلاَّ فَرُدُّونِي إِلَى مَقَابِرِ الْمُسْلِمِينَ، إِنِّي لاَ أَعْلَمُ أَحَدًا أَحَقَّ بِهَذَا الأَمْرِ مِنْ هَؤُلاَءِ النَّفَرِ الَّذِينَ تُوُفِّيَ رَسُولُ اللَّهِ صلى الله عليه وسلم وَهُوَ عَنْهُمْ رَاضٍ، فَمَنِ اسْتَخْلَفُوا بَعْدِي فَهُوَ الْخَلِيفَةُ، فَاسْمَعُوا لَهُ وَأَطِيعُوا‏.‏ فَسَمَّى عُثْمَانَ وَعَلِيًّا وَطَلْحَةَ وَالزُّبَيْرَ وَعَبْدَ الرَّحْمَنِ بْنَ عَوْفٍ وَسَعْدَ بْنَ أَبِي وَقَّاصٍ، وَوَلَجَ عَلَيْهِ شَابٌّ مِنَ الأَنْصَارِ فَقَالَ أَبْشِرْ يَا أَمِيرَ الْمُؤْمِنِينَ بِبُشْرَى اللَّهِ، كَانَ لَكَ مِنَ الْقَدَمِ فِي الإِسْلاَمِ مَا قَدْ عَلِمْتَ، ثُمَّ اسْتُخْلِفْتَ فَعَدَلْتَ، ثُمَّ الشَّهَادَةُ بَعْدَ هَذَا كُلِّهِ‏.‏ فَقَالَ لَيْتَنِي يَا ابْنَ أَخِي وَذَلِكَ كَفَافًا لاَ عَلَىَّ وَلاَ لِي أُوصِي الْخَلِيفَةَ مِنْ بَعْدِي بِالْمُهَاجِرِينَ الأَوَّلِينَ خَيْرًا، أَنْ يَعْرِفَ لَهُمْ حَقَّهُمْ، وَأَنْ يَحْفَظَ لَهُمْ حُرْمَتَهُمْ، وَأُوصِيهِ بِالأَنْصَارِ خَيْرًا الَّذِينَ تَبَوَّءُوا الدَّارَ وَالإِيمَانَ أَنْ يُقْبَلَ مِنْ مُحْسِنِهِمْ، وَيُعْفَى عَنْ مُسِيئِهِمْ، وَأُوصِيهِ بِذِمَّةِ اللَّهِ وَذِمَّةِ رَسُولِهِ صلى الله عليه وسلم أَنْ يُوفَى لَهُمْ بِعَهْدِهِمْ، وَأَنْ يُقَاتَلَ مِنْ وَرَائِهِمْ، وَأَنْ لاَ يُكَلَّفُوا فَوْقَ طَاقَتِهِمْ‏.‏

Reference	: Sahih al-Bukhari 1392
In-book reference	: Book 23, Hadith 147
USC-MSA web (English) reference	: Vol. 2, Book 23, Hadith 475
(deprecated numbering scheme)

One final point which is interesting, is that the ahl-al-thimmi were permitted their own legal and religious institutions. (smile) Whereas, European law-derived jurisdictions like to promulgate the idea of one law for all as being the most just (Equality before the law, also known as equality under the law, equality in the eyes of the law, or legal equality, is the principle under which all people are subject to the same laws of justice (due process). https://en.wikipedia.org/wiki/Equality_before_the_law referencing the UN declaration, article 7), in the Islamic world it was considered more just to permit people to live in accordance with their beliefs. For example, while alcohol was not permitted to Muslims, non-Muslims could make and drink it without penalty.

(smile) This is not a full book, I grant you, but I hope that this short explanation may at least clear up a few questions for you.


May God, the Sublime Creator of us all, Help us to understand one another better, and in so doing, Help us to get closer to Him.

format_quote Originally Posted by theplains

Besides fighting for the military or conversion to Islam, is there another way for a person
not to pay the jizyah? What happens if they don't pay?

Death - the Pale Horse
Facing the word of God which becomes a sharp sword against the rejecters of Quran and Sunnah.

format_quote Originally Posted by theplains

What types of legal and religious institutions are permitted for non-Muslims in, let's say,
a country like Saudi Arabia (where they have a lot of migrant workers)?

Thanks,
Jim

Idol worshippers are to be expelled from the Arabian Peninsula.
The people of the book are to be tolerated and treated with respect until Jesus is recognised - after which no doubt is left for them and no excuse before God - jizya would then become a bribe.

the following verse, although not concerning the same topic sheds light on how a Muslim is expected to treat even a divorced wife. (it came up when i flipped through the Quran on my phone after i wrote the above)

6.*Let the women live (in 'iddat) in the same style as ye live, according to your means: Annoy them not, so as to restrict them. And if they carry (life in their wombs), then spend on them until they deliver their burden: and if they suckle your (offspring), give them their recompense: and take mutual counsel together, according to what is just and reasonable. And if ye find yourselves in difficulties, let another woman suckle on the his behalf.