format_quote Originally Posted by
Eddy
So the options are, become a Muslim, pay the jyzyah or die.
So if you cannot afford the jizyah and don't want to die you're being forced into Islam, isn't that so?
Abu Yousuf exempted the poor, sick, crippled, the insane, monks, the blind, and the very old people from paying Jizya. His reasoning was this Hadith: “Whoever oppresses a non-Muslim subject or taxes him beyond his capacity, then I shall be the opposite party to him in the litigation.” {See Kitab al-Kharaj, pp. 69-72.)
Prophet Muhammad was reported to have said, “He who unfairly treats a non-Muslim who keeps a peace treaty with Muslims, or undermines his rights, or burdens him beyond his capacity, or takes something from him without his consent; then I am his opponent on the Day of Judgment” (Abu Dawud and Al-Bayhaqi).
Not only was this the norm of the Prophet on the issue, but the Rightly Guided Caliphs also practiced His footsteps.
Abu Bakr as-Siddiq, the First Caliph, wrote to the people of Najran: 'In the Name of God, the Beneficent, the Merciful. This is the written statement of God's slave Abu Bakr, the successor of Muhammad, the Prophet and Messenger of God. He affirms for you the rights of a protected neighbor, in yourselves, your lands, your religious community, your wealth, retainers, and servants, those of you who are present or abroad, your bishops and monks, and monasteries, and all that you own, be it great or small. You shall not be deprived of any of it, and shall have full control over it.'
Gustav Le Bon affirmed this historical fact:
"The Arabs could have easily been blinded by their first conquests, and committed the injustices that are usually committed by conquerors. They could have mistreated their defeated opponents or forced them to embrace their religion, which they wished to spread all over the world. But the Arabs avoided that. The early caliphs, who had a political genius that was rare in proponents of new religion, realized that religions and systems are not imposed by force. So they treated the people of Syria, Egypt, Spain, and every country they took over with great kindness, as we have seen. They left their laws, regulations, and beliefs intact and only imposed on them the jizya, which was paltry when compared to what they had been paying in taxes previously, in exchange for maintaining their security. The truth is that nations had never known conquerors more tolerant than the Muslims, or a religion more tolerant than Islam." (Lebon, G, The Civilization Of The Arabs, p. 605)
Reinhart Dozy, the Dutch historian, wrote: "The Berbers did not have a sacred book. So, It clearly follows that the tolerance was going to a great extent possible, maybe, further than Muhammad had wanted.
In addition the Muslim domination was a relief and a blessing, especially for Christians. Christians in the East belonged mostly to sects that the Officials of Constantinople oppressed and persecuted while Islam, naturally, gave them full freedom to understand Christianity as they saw fit and gave equal protection to all old and new sects.
If we add that the heavy taxes they had to pay to the Roman emperor were not demanded by the new government and that the capitation tax that was posed, was moderate; it is not surprising that they gave much preference to the domination of Muslims over that of the Romans and that they vigorously support the Arabs in their conquests far from working against them."
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Dhimmis were required to pay Jizya but were exempt from Zakat [charity tax] which Muslims are required to pay [2.5% of their savings, each year] as well as from military service. However, if Dhimmis agreed to serve in the armed forces, they were not required to pay Jizya, since Jizya was only taken from able-bodied men who could serve in the military.
Muslims also returned Jizya when they were unable to protect non-Muslims.
Khalid bin Walid returned all the taxes collected to Christians of Homs when he was not able to repel the attack of the Christian Byzantine Emperor Heraclous on Homs. He said to them :
“We accepted (the Jizyah) as a token of your good will and in return for defending you, but (in this), we have failed (you.)”
{See Abd al-Rahman Azzam’s “The Eternal Message of Muhammad” ; ‘Mabsut, Vol. 10, pp. 78-79; Fath al-Qadir, Vol. 4; and A. Rahman I. Doi’s “Non-Muslims Under Shariah Law.”}
Saladin also returned the Jizya when he was compelled to withdraw from Syria.
{See A. Rahman I. Doi’s “Non-Muslims Under Shariah Law.”)
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