We begin with a proper explanation of what exactly is a dhimmi. Dhimmi is a historical term referring to non-Muslim subjects of a Muslim state [2]. The word literally means, “One whose responsibility is taken” or “people with whom a covenant or compact has been made” [3]. The word describes citizens of a Muslim State afforded security over their persons, property and religious practice in return for a tax, the jizya. Historically, when empires won battles and wars, common men were subjugated, looted and forced to work as laborers and serve in the military. Islam did away with such practice by affording all non-Muslim subjects the special dhimmi status [4].
Dhimmis had a special place in Medina. Prophet Muhammad(sa) said, “If anyone wrongs a man with whom a covenant has been made [i.e. a dhimmi], or curtails any right of his, or imposes on him more than he can bear, or takes anything from him without his ready agreement, I shall be his adversary on the Day of Resurrection.” [1,5]
He also made it clear that the protection of their life and honor was the responsibility of the Muslims, and failing in this regard would incur God’s wrath, “Whoever killed a Mu’ahid (a person who is granted the pledge of protection by the Muslims, i.e. a dhimmi) shall not smell the fragrance of Paradise though its fragrance can be smelt at a distance of forty years (of traveling).” [6] At the conquest of Mecca, Prophet Muhammad(sa) had the upper hand against the personalities who had persecuted him for over two decades. He could have silenced his enemies forever. Instead, he turned to the Meccans and asked:
‘O’ Quraish! How do you think I would treat you?’ They replied: ‘We expect nothing but good from you as you are a noble and kind brother to us and the son of a noble and kind brother as well.’ The Prophet said, ‘I say to you what the Prophet Joseph said to his brothers: ‘No blame shall lie on you this day! You are free to go.’ [7]
Even before the conquest of Mecca, the Charter of Medina set the precedent for the treatment of mu’ahids (dhimmis are those non-Muslim subjects who become subjects after a war. If there is no war and there is a negotiated settlement then they are called mu’ahids). When Prophet Muhammad(sa) was popularly appointed Medina’s ruler, he entered into a pact with the Jewish communities of Medina. Through this pact, he granted equal political rights to non-Muslims. They were ensured complete freedom of religion. They were not required to take part in the religious wars of the Muslims, but were required to fight a common enemy of the State. Even as the head of state, Prophet Muhammad(sa) afforded non-Muslims the same social status he afforded Muslims. For example, “Once a funeral procession passed before Prophet Muhammad(sa) and he stood up [out of respect]. He was told that he [the dead man] was a Jew. Upon this he remarked: ‘Was he not a human being or did he not have a soul?’ [8]
After the Prophet Muhammad’s demise, non-Muslim inhabitants of the fast-expanding Islamic empire enjoyed the same dignified treatment. [9] When Umar, Second Khalifa of Prophet Muhammad(sa), conquered Jerusalem, he entered into a pact with all inhabitants of the city, declaring:
In the name of Allah, the most Gracious, most Beneficent. This is a covenant of peace granted by the slave of Allah, the commander of the faithful ‘Umar to the people of Jerusalem. They are granted protection for their lives, their property, their churches, and their Crosses, in whatever condition they are. All of them are granted the same protection. No one will dwell in their churches, nor will they be destroyed and nothing will be reduced of their belongings. Nothing shall be taken from their Crosses or their property. There will be no compulsion on them regarding their religion, nor will any one of them be troubled. [10]
A dhimmi assassinated Umar in 644 CE. Rather than lashing out against dhimmis, at his deathbed, Umar specifically ordered:
I urge him (i.e., the new Caliph) to take care of those non-Muslims who are under the protection of Allah and His Messenger in that he should observe the convention agreed upon with them, and fight on their behalf (to secure their safety) and he should not over-tax them beyond their capability. [11]
The example we see from Umar specifically condemns taxing dhimmis beyond what they can bear. Instead, Muslims were commanded to care for dhimmis, fight for dhimmis, and to keep dhimmis safe.
Critics also allege that Umar enforced taxation on non-Muslims populations under penalty of death. To support this assertion, they cite the Qur’an 9:29:
Fight those from among the People of the Book who believe not in Allah, nor in the Last Day, nor hold as unlawful what Allah and His Messenger have declared to be unlawful, nor follow the true religion, until they pay the tax with their own hand and acknowledge their subjection. [12]
Nowhere does this verse suggest that death is a penalty for not paying your taxes. The Qur’an has mentioned the use of the death penalty elsewhere for other reasons, unrelated to tax evasion:
And kill not the soul which Allah has forbidden except for just cause. And whoso is killed wrongfully, We have surely given his heir authority to demand retaliation, but let him not exceed the prescribed bounds in slaying; for therein he is helped by law. [13]
Islam has reserved the death penalty for such crimes as treason, murder, or other severe acts of violence that shock the conscience. Umar, Second Khalifa of Prophet Muhammad(sa), never sentenced a non-Muslim to death for not paying his taxes.
Critics allege that Muslim immigrants to Western nations consider themselves “divinely entitled” to the welfare payments they receive in these countries. Quoting the following verse, they claim that Muslims consider the Western nations their dhimmis and such welfare payment the jizya. [14]
Fight those from among the People of the Book who believe not in Allah, nor in the Last Day, nor hold as unlawful what Allah and His Messenger have declared to be unlawful, nor follow the true religion, until they pay the tax considering a favor and acknowledge their subjection. [15]
Obviously, even plainly reading this verse demonstrates that no connection exists between the allegation and the verse itself. Having established that Islam required Muslims to protect dhimmis with equal and just treatment, we transition to the allegations regarding jizya.
Remember, the term dhimmi literally means “protected.” If no such protection existed, such minority communities could potentially be exploited. The jizya tax was the only tax imposed on non-Muslims, and it was less in number and amount than taxes on the Muslims of that state. The term jizya comes from same Arabic root as jaza’ which means “reward” and “compensation.” So according to Shariah law, that money returned to the minorities. The jizya tax, like other taxes, creates accountability on the part of the government to do right by its citizens—not unlike governments that deal with immigration and minority communities. In Christian ruled Sicily, for example, the Christian officials had such a tax for minorities—and they too called it jizya.
Thus, non-Muslims paid jizya as free citizens of the Muslim State in return for protection of their civil and political liberties. Aside from this, critics also hide the fact that Muslims were also taxed. The tax levied on Muslims was on some occasions a heavier tax than the jizya. Additionally, Muslims were obligated to perform military service, from which all non-Muslims were exempt. [16]
Jizya served as the sole citizen tax to assure protection from all foreign attacks. Thus, if protection could not be promised then jizya was impermissible. In his book “The Preaching of Islam,” Thomas Arnold records a statement of the Muslim general, Khalid bin Waleed, “In a treaty made by Khalid with some town 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.’” [17]
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