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' ( ', , collectively ''/'' "the people of the covenant") or () is a historical term for non-Muslims living in an
Islamic state The Islamic State (IS), also known as the Islamic State of Iraq and the Levant (ISIL), the Islamic State of Iraq and Syria (ISIS) and Daesh, is a transnational Salafi jihadism, Salafi jihadist organization and unrecognized quasi-state. IS ...
with legal protection. The word literally means "protected person", referring to the state's obligation under ''
sharia Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...
'' to protect the individual's life, property, as well as freedom of religion, in exchange for loyalty to the state and payment of the ''
jizya Jizya (), or jizyah, is a type of taxation levied on non-Muslim subjects of a state governed by Sharia, Islamic law. The Quran and hadiths mention jizya without specifying its rate or amount,Sabet, Amr (2006), ''The American Journal of Islamic Soc ...
'' tax, in contrast to the ''
zakat Zakat (or Zakāh زكاة) is one of the Five Pillars of Islam. Zakat is the Arabic word for "Giving to Charity" or "Giving to the Needy". Zakat is a form of almsgiving, often collected by the Muslim Ummah. It is considered in Islam a relig ...
'', or obligatory alms, paid by the Muslim subjects. ''Dhimmi'' were exempt from military service and other duties assigned specifically to Muslims if they paid the poll tax (''jizya'') but were otherwise equal under the laws of property, contract, and obligation. Dhimmis were subject to specific restrictions as well, which were codified in agreements like the ''Pact of ʿUmar''. These included prohibitions on building new places of worship, repairing existing ones in areas where Muslims lived, teaching children the Qurʾān, and preventing relatives from converting to Islam. They were also required to wear distinctive clothing, refrain from carrying weapons, and avoid riding on saddles. Historically, dhimmi status was originally applied to
Jews Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
,
Christians A Christian () is a person who follows or adheres to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. Christians form the largest religious community in the world. The words '' Christ'' and ''C ...
, and
Sabians The Sabians, sometimes also spelled Sabaeans or Sabeans, are a religious group mentioned three times in the Quran (as , in later sources ), where it is implied that they belonged to the 'People of the Book' (). Their original identity, which ...
, who are considered "
People of the Book People of the Book, or ''Ahl al-Kitāb'' (), is a classification in Islam for the adherents of those religions that are regarded by Muslims as having received a divine revelation from Allah, generally in the form of a holy scripture. The clas ...
" in
Islamic theology Schools of Islamic theology are various Islamic schools and branches in different schools of thought regarding creed. The main schools of Islamic theology include the extant Mu'tazili, Ash'ari, Maturidi, and Athari schools; the extinct ones ...
. Later, this status was also applied to Zoroastrians,
Sikhs Sikhs (singular Sikh: or ; , ) are an ethnoreligious group who adhere to Sikhism, a religion that originated in the late 15th century in the Punjab region of the Indian subcontinent, based on the revelation of Guru Nanak. The term ''Sikh'' ...
,
Hindus Hindus (; ; also known as Sanātanīs) are people who religiously adhere to Hinduism, also known by its endonym Sanātana Dharma. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pp. 35–37 Historically, the term has also be ...
,
Jains Jainism ( ), also known as Jain Dharma, is an Indian religion whose three main pillars are nonviolence (), asceticism (), and a rejection of all simplistic and one-sided views of truth and reality (). Jainism traces its spiritual ideas and ...
, and
Buddhists Buddhism, also known as Buddhadharma and Dharmavinaya, is an Indian religion and philosophical tradition based on teachings attributed to the Buddha, a wandering teacher who lived in the 6th or 5th century BCE. It is the world's fourth ...
. Jews, Christians and others were required to pay the ''jizyah'', and forced conversions were forbidden.Waines (2003) "An Introduction to Islam" ''Cambridge University Press''. p. 53Winter, T. J., & Williams, J. A. (2002). ''Understanding Islam and the Muslims: The Muslim Family Islam and World Peace''. Louisville, Kentucky: Fons Vitae. p. 82. . Quote: The laws of Muslim warfare forbid any forced conversions, and regard them as invalid if they occur. During the rule of
al-Mutawakkil Ja'far ibn al-Mu'tasim, Muḥammad ibn Harun al-Rashid, Hārūn al-Mutawakkil ʿalā Allāh (); March 82211 December 861, commonly known by his laqab, regnal name al-Mutawwakil ala Allah (), was the tenth Abbasid Caliphate, Abbasid caliph, rul ...
, the tenth
Abbasid Caliph The Abbasid caliphs were the holders of the Islamic title of caliph who were members of the Abbasid dynasty, a branch of the Quraysh tribe descended from the uncle of the Islamic prophet Muhammad, Al-Abbas ibn Abd al-Muttalib. The family came ...
, numerous restrictions reinforced the second-class citizen status of dhimmīs and forced their communities into ghettos. For instance, they were required to distinguish themselves from their Muslim neighbors by their dress. They were not permitted to build new churches or synagogues or repair old churches without Muslim consent according to the
Pact of Umar The Pact of Umar (also known as the Covenant of Umar, Treaty of Umar or Laws of Umar; or or ) is a treaty between the Muslims and non-Muslims who were conquered by Umar during his conquest of the Levant (Syria and Lebanon) in the year 637 CE ...
. Under ''
Sharia Sharia, Sharī'ah, Shari'a, or Shariah () is a body of religious law that forms a part of the Islamic tradition based on Islamic holy books, scriptures of Islam, particularly the Quran, Qur'an and hadith. In Islamic terminology ''sharīʿah'' ...
'', the ''dhimmi'' communities were usually governed by their own laws in place of some of the laws applicable to the
Muslim community ' (; ) is an Arabic word meaning Muslim identity, nation, religious community, or the concept of a Commonwealth of the Muslim Believers ( '). It is a synonym for ' (, lit. 'the Islamic nation'); it is commonly used to mean the collective comm ...
. For example, the Jewish community of Medina was allowed to have its own Halakhic courts, and the Ottoman
millet system In the Ottoman Empire, a ''millet'' (; ) was an independent court of law pertaining to "personal law" under which a confessional community (a group abiding by the laws of Muslim sharia, Christian canon law, or Jewish halakha) was allowed to rule ...
allowed its various dhimmi communities to rule themselves under separate legal courts. These courts did not cover cases that involved religious groups outside of their own communities, or capital offences. ''Dhimmi'' communities were also allowed to engage in certain practices that were usually forbidden for the Muslim community, such as the consumption of alcohol and pork. Some Muslims reject the ''dhimma'' system by arguing that it is a system which is inappropriate in the age of nation-states and democracies." ��the overwhelming majority of moderate Muslims reject the dhimma system as ahistorical, in the sense that it is inappropriate for the age of nation-states and democracies." There is a range of opinions among 20th-century and contemporary Islamic theologians about whether the notion of ''dhimma'' is appropriate for modern times, and, if so, what form it should take in an Islamic state. There are differences among the Islamic
Madhhab A ''madhhab'' (, , pl. , ) refers to any school of thought within fiqh, Islamic jurisprudence. The major Sunni Islam, Sunni ''madhhab'' are Hanafi school, Hanafi, Maliki school, Maliki, Shafi'i school, Shafi'i and Hanbali school, Hanbali. They ...
s regarding which non-Muslims can pay jizya and have dhimmi status. The
Hanafi The Hanafi school or Hanafism is the oldest and largest Madhhab, school of Islamic jurisprudence out of the four schools within Sunni Islam. It developed from the teachings of the Faqīh, jurist and theologian Abu Hanifa (), who systemised the ...
and
Maliki The Maliki school or Malikism is one of the four major madhhab, schools of Islamic jurisprudence within Sunni Islam. It was founded by Malik ibn Anas () in the 8th century. In contrast to the Ahl al-Hadith and Ahl al-Ra'y schools of thought, the ...
Madhabs generally allow non-Muslims to have dhimmi status. In contrast, the
Shafi'i The Shafi'i school or Shafi'i Madhhab () or Shafi'i is one of the four major schools of fiqh (Islamic jurisprudence), belonging to the Ahl al-Hadith tradition within Sunni Islam. It was founded by the Muslim scholar, jurist, and traditionis ...
and
Hanbali The Hanbali school or Hanbalism is one of the four major schools of Islamic jurisprudence, belonging to the Ahl al-Hadith tradition within Sunni Islam. It is named after and based on the teachings of the 9th-century scholar, jurist and tradit ...
Madhabs only allow Christians, Unitarians, Jews, Sabeans and Zoroastrians to have dhimmi status, and they maintain that all other non-Muslims must either convert to Islam or be fought.


The "Dhimma contract"

Based on
Quran The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is organized in 114 chapters (, ) which ...
ic verses and Islamic traditions, ''sharia'' law distinguishes between Muslims, followers of other
Abrahamic religions The term Abrahamic religions is used to group together monotheistic religions revering the Biblical figure Abraham, namely Judaism, Christianity, and Islam. The religions share doctrinal, historical, and geographic overlap that contrasts them wit ...
, and Pagans or people belonging to other
polytheistic Polytheism is the belief in or worship of more than one Deity, god. According to Oxford Reference, it is not easy to count gods, and so not always obvious whether an apparently polytheistic religion, such as Chinese folk religions, is really so, ...
religions. As monotheists, Jews and Christians have traditionally been considered "
People of the Book People of the Book, or ''Ahl al-Kitāb'' (), is a classification in Islam for the adherents of those religions that are regarded by Muslims as having received a divine revelation from Allah, generally in the form of a holy scripture. The clas ...
", and afforded a special legal status known as ''dhimmi'' derived from a theoretical contract—"dhimma" or "residence in return for taxes". Islamic legal systems based on ''sharia'' law incorporated the
religious law Religious law includes ethical and moral codes taught by religious traditions. Examples of religiously derived legal codes include Christian canon law (applicable within a wider theological conception in the church, but in modern times distin ...
s and courts of
Christians A Christian () is a person who follows or adheres to Christianity, a monotheistic Abrahamic religion based on the life and teachings of Jesus Christ. Christians form the largest religious community in the world. The words '' Christ'' and ''C ...
,
Jews Jews (, , ), or the Jewish people, are an ethnoreligious group and nation, originating from the Israelites of History of ancient Israel and Judah, ancient Israel and Judah. They also traditionally adhere to Judaism. Jewish ethnicity, rel ...
, and
Hindus Hindus (; ; also known as Sanātanīs) are people who religiously adhere to Hinduism, also known by its endonym Sanātana Dharma. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pp. 35–37 Historically, the term has also be ...
, as seen in the early
caliphate A caliphate ( ) is an institution or public office under the leadership of an Islamic steward with Khalifa, the title of caliph (; , ), a person considered a political–religious successor to the Islamic prophet Muhammad and a leader of ...
,
al-Andalus Al-Andalus () was the Muslim-ruled area of the Iberian Peninsula. The name refers to the different Muslim states that controlled these territories at various times between 711 and 1492. At its greatest geographical extent, it occupied most o ...
,
Indian subcontinent The Indian subcontinent is a physiographic region of Asia below the Himalayas which projects into the Indian Ocean between the Bay of Bengal to the east and the Arabian Sea to the west. It is now divided between Bangladesh, India, and Pakista ...
, and the Ottoman Millet system. In Yemenite Jewish sources, a treaty was drafted between Muhammad and his Jewish subjects, known as ''kitāb ḏimmat al-nabi'', written in the 17th year of the Hijra (638 CE), which gave express liberty to the Jews living in Arabia to observe the Sabbath and to grow-out their side-locks, but required them to pay the ''
jizya Jizya (), or jizyah, is a type of taxation levied on non-Muslim subjects of a state governed by Sharia, Islamic law. The Quran and hadiths mention jizya without specifying its rate or amount,Sabet, Amr (2006), ''The American Journal of Islamic Soc ...
'' (poll-tax) annually for their protection. Muslim governments in the Indus basin readily extended the ''dhimmi'' status to the Hindus and Buddhists of India. Eventually, the largest
school A school is the educational institution (and, in the case of in-person learning, the Educational architecture, building) designed to provide learning environments for the teaching of students, usually under the direction of teachers. Most co ...
of
Islamic jurisprudence ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is of ...
applied this term to all Non-Muslims living in Muslim lands outside the sacred area surrounding
Mecca Mecca, officially Makkah al-Mukarramah, is the capital of Mecca Province in the Hejaz region of western Saudi Arabia; it is the Holiest sites in Islam, holiest city in Islam. It is inland from Jeddah on the Red Sea, in a narrow valley above ...
,
Arabia The Arabian Peninsula (, , or , , ) or Arabia, is a peninsula in West Asia, situated north-east of Africa on the Arabian plate. At , comparable in size to India, the Arabian Peninsula is the largest peninsula in the world. Geographically, the ...
. In medieval Islamic societies, the ''
qadi A qadi (; ) is the magistrate or judge of a Sharia court, who also exercises extrajudicial functions such as mediation, guardianship over orphans and minors, and supervision and auditing of public works. History The term '' was in use from ...
'' (Islamic judge) usually could not interfere in the matters of non-Muslims unless the parties voluntarily chose to be judged according to Islamic law, thus the ''dhimmi'' communities living in Islamic states usually had their own laws independent from the ''sharia'' law, as with the Jews who would have their own rabbinical courts. These courts did not cover cases that involved other religious groups, or capital offences or threats to public order. By the 18th century, however, ''dhimmi'' frequently attended the Ottoman Muslim courts, where cases were taken against them by Muslims, or they took cases against Muslims or other ''dhimmi''. Oaths sworn by ''dhimmi'' in these courts were tailored to their beliefs. Non-Muslims were allowed to engage in certain practices (such as the consumption of alcohol and pork) that were usually forbidden by Islamic law, in point of fact, any Muslim who pours away their wine or forcibly appropriates it is liable to pay compensation. Some Islamic theologians held that Zoroastrian " self-marriages", considered incestuous under ''sharia'', should also be tolerated.
Ibn Qayyim Al-Jawziyya Shams ad-Dīn Abū ʿAbd Allāh Muḥammad ibn Abī Bakr ibn Ayyūb az-Zurʿī d-Dimashqī l-Ḥanbalī (29 January 1292–15 September 1350 CE / 691 AH–751 AH), commonly known as Ibn Qayyim al-Jawziyya ("The son of the principal of he scho ...
(1292–1350) opined that most scholars of the
Hanbali The Hanbali school or Hanbalism is one of the four major schools of Islamic jurisprudence, belonging to the Ahl al-Hadith tradition within Sunni Islam. It is named after and based on the teachings of the 9th-century scholar, jurist and tradit ...
school held that non-Muslims were entitled to such practices, as long as they were not presented to sharia courts and the religious minorities in question held them to be permissible. This ruling was based on the precedent that there were no records of the
Islamic prophet Prophets in Islam () are individuals in Islam who are believed to spread God's message on Earth and serve as models of ideal human behaviour. Some prophets are categorized as messengers (; sing. , ), those who transmit divine revelation, mos ...
Muhammad Muhammad (8 June 632 CE) was an Arab religious and political leader and the founder of Islam. Muhammad in Islam, According to Islam, he was a prophet who was divinely inspired to preach and confirm the tawhid, monotheistic teachings of A ...
forbidding such self-marriages among Zoroastrians, despite coming into contact with Zoroastrians and knowing about this practice. Religious minorities were also free to do as they wished in their own homes, provided they did not publicly engage in illicit sexual activity in ways that could threaten public morals. There are parallels for this in
Roman Roman or Romans most often refers to: *Rome, the capital city of Italy *Ancient Rome, Roman civilization from 8th century BC to 5th century AD *Roman people, the people of Roman civilization *Epistle to the Romans, shortened to Romans, a letter w ...
and
Jewish law ''Halakha'' ( ; , ), also transliterated as ''halacha'', ''halakhah'', and ''halocho'' ( ), is the collective body of Jewish religious laws that are derived from the Written and Oral Torah. ''Halakha'' is based on biblical commandments ('' mit ...
. According to law professor H. Patrick Glenn of
McGill University McGill University (French: Université McGill) is an English-language public research university in Montreal, Quebec, Canada. Founded in 1821 by royal charter,Frost, Stanley Brice. ''McGill University, Vol. I. For the Advancement of Learning, ...
, " day it is said that the dhimmi are 'excluded from the specifically Muslim privileges, but on the other hand they are excluded from the specifically Muslim duties' while (and here there are clear parallels with western public and private law treatment of aliens—Fremdenrecht, la condition de estrangers), ' r the rest, the Muslim and the dhimmi are equal in practically the whole of the law of property and of contracts and obligations'." Quoting the Qur'anic statement, "Let Christians judge according to what We have revealed in the Gospel",
Muhammad Hamidullah Muhammad Hamidullah (19 February 1908 – 17 December 2002) was an Indian Islamic scholar from the princely state of Hyderabad. He wrote dozens of books and hundreds of articles on Islamic science, history and culture. Early life and educatio ...
writes that Islam decentralized and "communalized" law and justice. However, the classical ''dhimma'' contract is no longer enforced. Western influence over the Muslim world has been instrumental in eliminating the restrictions and protections of the ''dhimma'' contract.


The Dhimma contract and Sharia law

The ''dhimma'' contract is an integral part of traditional Islamic law. From the 9th century AD, the power to interpret and refine law in traditional Islamic societies was in the hands of the scholars (''
ulama In Islam, the ''ulama'' ( ; also spelled ''ulema''; ; singular ; feminine singular , plural ) are scholars of Islamic doctrine and law. They are considered the guardians, transmitters, and interpreters of religious knowledge in Islam. "Ulama ...
''). This separation of powers served to limit the range of actions available to the ruler, who could not easily decree or reinterpret law independently and expect the continued support of the community. Through succeeding centuries and empires, the balance between the ulema and the rulers shifted and reformed, but the balance of power was never decisively changed. At the beginning of the 19th century, the
Industrial Revolution The Industrial Revolution, sometimes divided into the First Industrial Revolution and Second Industrial Revolution, was a transitional period of the global economy toward more widespread, efficient and stable manufacturing processes, succee ...
and the French Revolution introduced an era of European world hegemony that included the domination of most of the Muslim lands. At the end of the
Second World War World War II or the Second World War (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...
, the European powers found themselves too weakened to maintain their empires. The wide variety in forms of government, systems of law, attitudes toward modernity and interpretations of sharia are a result of the ensuing drives for independence and modernity in the Muslim world. Muslim states, sects, schools of thought and individuals differ as to exactly what sharia law entails. In addition, Muslim states today utilize a spectrum of legal systems. Most states have a mixed system that implements certain aspects of sharia while acknowledging the supremacy of a constitution. A few, such as Turkey, have declared themselves secular. Local and customary laws may take precedence in certain matters, as well. Islamic law is therefore polynormative, and despite several cases of regression in recent years, the trend is towards liberalization. Questions of human rights and the status of minorities cannot be generalized with regards to the Muslim world. They must instead be examined on a case-by-case basis, within specific political and cultural contexts, using perspectives drawn from the historical framework.


The end of the Dhimma contract

The status of the ''dhimmi'' "was for long accepted with resignation by the Christians and with gratitude by the Jews" but the rising power of Christendom and the radical ideas of the French Revolution caused a wave of discontent among Christian dhimmis. The continuing and growing pressure from the European powers combined with pressure from Muslim reformers gradually relaxed the inequalities between Muslims and non-Muslims. On 18 February 1856, the Ottoman Reform Edict of 1856 () was issued, building upon the 1839 edict. It came about partly as a result of pressure from and the efforts of the ambassadors of
France France, officially the French Republic, is a country located primarily in Western Europe. Overseas France, Its overseas regions and territories include French Guiana in South America, Saint Pierre and Miquelon in the Atlantic Ocean#North Atlan ...
,
Austria Austria, formally the Republic of Austria, is a landlocked country in Central Europe, lying in the Eastern Alps. It is a federation of nine Federal states of Austria, states, of which the capital Vienna is the List of largest cities in Aust ...
and the
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
, whose respective countries were needed as allies in the
Crimean War The Crimean War was fought between the Russian Empire and an alliance of the Ottoman Empire, the Second French Empire, the United Kingdom of Great Britain and Ireland, and the Kingdom of Sardinia (1720–1861), Kingdom of Sardinia-Piedmont fro ...
. It again proclaimed the principle of equality between Muslims and non-Muslims, and produced many specific reforms to this end. For example, the ''jizya'' tax was abolished and non-Muslims were allowed to join the army. According to some scholars, discrimination against ''dhimmis'' did not end with the Edict of 1856, and they remained second-class citizens at least until the end of World War I. H.E.W. Young, the British Council in Mosul, wrote in 1909, "The attitude of the Muslims toward the Christians and the Jews is that of a master towards slaves, whom he treats with a certain lordly tolerance so long as they keep their place. Any sign of pretension to equality is promptly repressed."


Views of modern Islamic scholars on the status of non-Muslims in an Islamic society

* The Iranian
Shi'a Shia Islam is the second-largest branch of Islam. It holds that Muhammad designated Ali ibn Abi Talib () as both his political successor ( caliph) and as the spiritual leader of the Muslim community ( imam). However, his right is understoo ...
Muslim Ayatollah
Ruhollah Khomeini Ruhollah Musavi Khomeini (17 May 1900 or 24 September 19023 June 1989) was an Iranian revolutionary, politician, political theorist, and religious leader. He was the founder of the Islamic Republic of Iran and the main leader of the Iranian ...
indicates in his book '' Islamic Government: Governance of the Jurist'' that non-Muslims should be required to pay the
poll tax A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources. ''Poll'' is an archaic term for "head" or "top of the head". The sen ...
, in return for which they would profit from the protection and services of the state; they would, however, be excluded from all participation in the political process.
Bernard Lewis Bernard Lewis, (31 May 1916 – 19 May 2018) was a British-American historian specialized in Oriental studies. He was also known as a public intellectual and political commentator. Lewis was the Cleveland E. Dodge Professor Emeritus of Near ...
remarks about Khomeini that one of his main grievances against the Shah,
Mohammad Reza Pahlavi Mohammad Reza Pahlavi (26 October 1919 – 27 July 1980) was the last List of monarchs of Iran, Shah of Iran, ruling from 1941 to 1979. He succeeded his father Reza Shah and ruled the Imperial State of Iran until he was overthrown by the ...
, was that his legislation allowed the theoretical possibility of non-Muslims exercising political or judicial authority over Muslims. * The Egyptian theologian
Yusuf al-Qaradawi Yusuf al-Qaradawi (; or ''Yusuf al-Qardawi''; 9 September 1926 – 26 September 2022) was an Egyptian Islamic scholar based in Doha, Qatar, and chairman of the International Union of Muslim Scholars. His influences included Ibn Taymiyya, Ibn ...
, chairman of the International Union of Muslim Scholars, has stated in his
Al Jazeera Al Jazeera Media Network (AJMN; , ) is a private-media conglomerate headquartered in Wadi Al Sail, Doha, funded in part by the government of Qatar. The network's flagship channels include Al Jazeera Arabic and Al Jazeera English, which pro ...
program ''Sharia and Life'', which has an estimated audience of 35 to 60 million viewers: "When we say ''dhimmis'' (''ahl al-dhimma'') it means that ..they are under the covenant of God and His Messenger and the Muslim community and their responsibility (''ḍamān''), and it is everyone's duty to protect them, and this is what is intended by the word. At present many of our brethren are offended by the word ''dhimmis'', and I have stated in what I wrote in my books that I don't see anything to prevent contemporary Islamic
ijtihad ''Ijtihad'' ( ; ' , ) is an Islamic legal term referring to independent reasoning by an expert in Islamic law, or the thorough exertion of a jurist's mental faculty in finding a solution to a legal question. It is contrasted with '' taqlid'' ( ...
from discarding this word ''dhimmis'' and calling them non-Muslim citizens." *Another Egyptian Islamist,
Mohammad Salim al-Awa Mohammad Salim Al-Awa (born December 22, 1942) is an Egyptian Islamist thinker, widely considered to belong to the moderate Islamic democratic strain. He is the former Secretary General of the International Union for Muslim Scholars based in ...
argued the concept of dhimmi must be re-interpreted in the context of
Egyptian nationalism Egyptian nationalism is based on Egyptians and Egyptian culture. Egyptian nationalism has typically been a civic nationalism that has emphasized the unity of Egyptians regardless of their ethnicity or religion. Egyptian nationalism first manife ...
. Al-Awa and other Muslim scholars based this on the idea that while the previous ''dhimma'' condition result from the
Islamic conquest The Muslim conquests, Muslim invasions, Islamic conquests, including Arab conquests, Arab Islamic conquests, also Iranian Muslim conquests, Turkic Muslim conquests etc. *Early Muslim conquests ** Ridda Wars **Muslim conquest of Persia *** Muslim co ...
, the modern Egyptian state results from a joint Muslim-Christian campaign to end the British occupation of Egypt. In modern-day Egypt, he argues, the constitution replaces the ''dhimma'' contract. *
Muhammad Husayn Tabataba'i Muhammad Husayn Tabataba'i (; 16 March 1903 – 15 November 1981) was an Iranian scholar, theorist, philosopher and one of the most prominent thinkers of modern Shia Islam. He is perhaps best known for his '' Tafsir al-Mizan'', a twenty-seven-vol ...
, a 20th-century
Shia Shia Islam is the second-largest branch of Islam. It holds that Muhammad designated Ali ibn Abi Talib () as both his political successor (caliph) and as the spiritual leader of the Muslim community (imam). However, his right is understood ...
scholar writes that dhimmis should be treated "in a good and decent manner". He addresses the argument that good treatment of dhimmis was abrogated by Quranic verse 9:29 by stating that, in the literal sense, this verse is not in conflict with good treatment of dhimmis. * Javed Ahmad Ghamidi, a Pakistani theologian, writes in ''
Mizan Mizan () is a concept in the Quran The Quran, also Romanization, romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a Waḥy, revelation directly from God in Islam, God (''Allah, Allāh''). It is o ...
'' that certain directives of the Quran were specific only to Muhammad against peoples of his times, besides other directives, the campaign involved asking the polytheists of Arabia for submission to Islam as a condition for exoneration and the others for jizya and submission to the political authority of the Muslims for exemption from
capital punishment Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence (law), sentence ordering that an offender b ...
and for military protection as the dhimmis of the Muslims. Therefore, after Muhammad and his companions, there is no concept in Islam obliging Muslims to wage war for propagation or implementation of Islam. * The Iranian Shia jurist Grand Ayatollah
Naser Makarem Shirazi Grand Ayatollah Naser Makarem Shirazi (, born 25 February 1927) is an Iranian Shia ''marja and religious leader. Biography Shirazi was born in the city of Shiraz, Iran on 25 February 1927. According to his website, his father was Ali Mohamm ...
states in ''Selection of the
Tafsir Nemooneh Tafsir Nemooneh (, , literally "The Ideal Commentary") is a tafsir (exegesis on the Quran) written by Naser Makarem Shirazi and other authors working under his supervision in 27 volumes. The commentators are said to have targeted the contemporar ...
'' that the main philosophy of jizya is that it is only a financial aid to those Muslims who are in the charge of safeguarding the security of the state and dhimmis' lives and properties on their behalf. * Prominent Islamic thinkers like Fahmi Huwaidi and
Tarek El-Bishry Tarek El-Bishry (, ; 1 November 1933 – 26 February 2021) was an Egyptian judge. On 15 February 2011, El-Bishry was appointed by the Supreme Council of the Armed Forces to head the committee set up to propose constitutional changes in the afterm ...
have based their justification for full citizenship of non-Muslims in an Islamic states on the precedent set by Muhammad in the
Constitution of Medina The Constitution of Medina (; or ; also known as the Umma Document), is a document dealing with tribal affairs during the Islamic prophet Muhammad's time in Medina and formed the basis of the First Islamic State, a multi-religious polity under his ...
. They argue that in this charter the People of Book, have the status of citizens (''muwatinun'') rather than dhimmis, sharing equal rights and duties with Muslims. * Legal scholar L. Ali Khan also points to the
Constitution of Medina The Constitution of Medina (; or ; also known as the Umma Document), is a document dealing with tribal affairs during the Islamic prophet Muhammad's time in Medina and formed the basis of the First Islamic State, a multi-religious polity under his ...
as a way forward for Islamic states in his 2006 paper titled ''The Medina Constitution''. He suggests this ancient document, which governed the status of religions and races in the first Islamic state, in which Jewish tribes are "placed on an equal footing with ..Muslims" and granted "the freedom of religion," can serve as a basis for the protection of minority rights, equality, and religious freedom in the modern Islamic state. *
Tariq Ramadan Tariq Ramadan (, ; born 26 August 1962) is a Swiss Muslim academic, philosopher and writer. He was a professor of contemporary Islamic studies at St Antony's College, Oxford and the Faculty of Theology and Religion, University of Oxford, He is ...
, Professor of Islamic Studies at the
University of Oxford The University of Oxford is a collegiate university, collegiate research university in Oxford, England. There is evidence of teaching as early as 1096, making it the oldest university in the English-speaking world and the List of oldest un ...
, advocates the inclusion of academic disciplines and Islamic society, along with traditional Islamic scholars, in an effort to reform Islamic law and address modern conditions. He speaks of remaining faithful to the higher objectives of sharia law. He posits universal rights of dignity, welfare, freedom, equality and justice in a religiously and culturally pluralistic Islamic (or other) society, and proposes a dialogue regarding the modern term "citizenship," although it has no clear precedent in classical
fiqh ''Fiqh'' (; ) is the term for Islamic jurisprudence.Fiqh
Encyclopædia Britannica
''Fiqh'' is of ...
. He further includes the terms "non-citizen", "foreigner", "resident" and "immigrant" in this dialogue, and challenges not only Islam, but modern civilization as a whole, to come to terms with these concepts in a meaningful way with regards to problems of racism, discrimination and oppression.


Dhimmi communities

Jews and Christians living under early Muslim rule were considered dhimmis, a status that was later also extended to other non-Muslims like Hindus and Buddhists. They were allowed to "freely practice their religion, and to enjoy a large measure of communal autonomy" and guaranteed their personal safety and security of property, in return for paying tribute and acknowledging Muslim rule. Islamic law and custom prohibited the enslavement of free dhimmis within lands under Islamic rule. Taxation from the perspective of dhimmis who came under the Muslim rule, was "a concrete continuation of the taxes paid to earlier regimes"Cl. Cahen in ''
Encyclopedia of Islam The ''Encyclopaedia of Islam'' (''EI'') is a reference work that facilitates the academic study of Islam. It is published by Brill and provides information on various aspects of Islam and the Islamic world. It is considered to be the standard ...
'', Jizya article
(but much lower under the Muslim rule). They were also exempted from the
zakat Zakat (or Zakāh زكاة) is one of the Five Pillars of Islam. Zakat is the Arabic word for "Giving to Charity" or "Giving to the Needy". Zakat is a form of almsgiving, often collected by the Muslim Ummah. It is considered in Islam a relig ...
tax paid by Muslims. The dhimmi communities living in Islamic states had their own laws independent from the Sharia law, such as the Jews who had their own Halakhic courts. The dhimmi communities had their own leaders, courts, personal and religious laws,Lewis (1984), p. 27 and "generally speaking, Muslim tolerance of unbelievers was far better than anything available in Christendom, until the rise of secularism in the 17th century".Bernard Lewis and Buntzie Ellis Churchill, ''Islam: The Religion and the People'', Wharton School Publishing, 2008, p. 146. "Muslims guaranteed freedom of worship and livelihood, provided that they remained loyal to the Muslim state and paid a poll tax". "Muslim governments appointed Christian and Jewish professionals to their bureaucracies", and thus, Christians and Jews "contributed to the making of the Islamic civilization". However, dhimmis faced social and symbolic restrictions,Lewis (1984), p. 26 and a pattern of stricter, then more lax, enforcement developed over time.Lewis (1984) pp. 49–51.
Marshall Hodgson Marshall Goodwin Simms Hodgson (April 11, 1922 – June 10, 1968), was an Islamic studies academic and a world historian at the University of Chicago. He was chairman of the interdisciplinary Committee on Social Thought in Chicago. Life Marshall ...
, a historian of Islam, writes that during the era of the High Caliphate (7th–13th Centuries), zealous Shariah-minded Muslims gladly elaborated their code of symbolic restrictions on the dhimmis. From an Islamic legal perspective, the pledge of protection granted dhimmis the freedom to practice their religion and spared them
forced conversion Forced conversion is the adoption of a religion or irreligion under duress. Someone who has been forced to convert to a different religion or irreligion may continue, covertly, to adhere to the beliefs and practices which were originally held, w ...
s. The dhimmis also served a variety of useful purposes, mostly economic, which was another point of concern to jurists. Religious minorities were free to do whatever they wished in their own homes, but could not "publicly engage in illicit sex in ways that threaten public morals". In some cases, religious practices that Muslims found repugnant were allowed. One example was the Zoroastrian practice of
incest Incest ( ) is sexual intercourse, sex between kinship, close relatives, for example a brother, sister, or parent. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by lineag ...
uous "self-marriage" where a man could marry his mother, sister or daughter. According to the medieval Islamic legal scholar
Ibn Qayyim al-Jawziyya Shams ad-Dīn Abū ʿAbd Allāh Muḥammad ibn Abī Bakr ibn Ayyūb az-Zurʿī d-Dimashqī l-Ḥanbalī (29 January 1292–15 September 1350 CE / 691 AH–751 AH), commonly known as Ibn Qayyim al-Jawziyya ("The son of the principal of he scho ...
, non-Muslims had the right to engage in such religious practices even if it offended Muslims, under the conditions that such cases not be presented to Islamic Sharia courts and that these religious minorities believed that the practice in question is permissible according to their religion. This ruling was based on the precedent that Muhammad did not forbid such self-marriages among Zoroastrians despite coming in contact with them and having knowledge of their practices. The Arabs generally established garrisons outside towns in the conquered territories, and had little interaction with the local dhimmi populations for purposes other than the collection of taxes. The conquered Christian, Jewish, Mazdean and Buddhist communities were otherwise left to lead their lives as before.


Christians

According to historians Lewis and Stillman, local Christians in Syria, Iraq, and Egypt were
non-Chalcedonians Non-Chalcedonian Christianity comprises the branches of Christianity that do not accept and uphold theological resolutions of the Council of Chalcedon, the council following Ephesus, held in 451. Non-Chalcedonian denominations reject the Christ ...
and many may have felt better off under early Muslim rule than under that of the Byzantine Orthodox of
Constantinople Constantinople (#Names of Constantinople, see other names) was a historical city located on the Bosporus that served as the capital of the Roman Empire, Roman, Byzantine Empire, Byzantine, Latin Empire, Latin, and Ottoman Empire, Ottoman empire ...
.Lewis (1984), pp. 17–18; Stillman (1979), p. 27. In 1095,
Pope Urban II Pope Urban II (; – 29 July 1099), otherwise known as Odo of Châtillon or Otho de Lagery, was the head of the Catholic Church and ruler of the Papal States from 12 March 1088 to his death. He is best known for convening the Council of Clermon ...
urged western European Christians to come to the aid of the Christians of
Palestine Palestine, officially the State of Palestine, is a country in West Asia. Recognized by International recognition of Palestine, 147 of the UN's 193 member states, it encompasses the Israeli-occupied West Bank, including East Jerusalem, and th ...
. The subsequent
Crusades The Crusades were a series of religious wars initiated, supported, and at times directed by the Papacy during the Middle Ages. The most prominent of these were the campaigns to the Holy Land aimed at reclaiming Jerusalem and its surrounding t ...
brought
Roman Catholic The Catholic Church (), also known as the Roman Catholic Church, is the largest Christian church, with 1.27 to 1.41 billion baptized Catholics worldwide as of 2025. It is among the world's oldest and largest international institut ...
Christians into contact with Orthodox Christians whose beliefs they discovered to differ from their own perhaps more than they had realized, and whose position under the rule of the Muslim
Fatimid Caliphate The Fatimid Caliphate (; ), also known as the Fatimid Empire, was a caliphate extant from the tenth to the twelfth centuries CE under the rule of the Fatimids, an Isma'ili Shi'a dynasty. Spanning a large area of North Africa and West Asia, i ...
was less uncomfortable than had been supposed. Consequently, the Eastern Christians provided perhaps less support to the Crusaders than had been expected.Courbage and Fargues (1995), pp. 44–46. When the Arab East came under Ottoman rule in the 16th century, Christian populations and fortunes rebounded significantly. The Ottomans had long experience dealing with Christian and Jewish minorities, and were more tolerant towards religious minorities than the former Muslim rulers, the
Mamluk Mamluk or Mamaluk (; (singular), , ''mamālīk'' (plural); translated as "one who is owned", meaning "slave") were non-Arab, ethnically diverse (mostly Turkic, Caucasian, Eastern and Southeastern European) enslaved mercenaries, slave-so ...
s of
Egypt Egypt ( , ), officially the Arab Republic of Egypt, is a country spanning the Northeast Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via the Sinai Peninsula. It is bordered by the Mediterranean Sea to northe ...
.Courbage and Fargues (1995), pp. 57–58. However, Christians living under Islamic rule have suffered certain legal disadvantages and at times
persecution Persecution is the systematic mistreatment of an individual or group by another individual or group. The most common forms are religious persecution, racism, and political persecution, though there is naturally some overlap between these term ...
. In the Ottoman Empire, in accordance with the ''dhimmi'' system implemented in
Muslim Muslims () are people who adhere to Islam, a Monotheism, monotheistic religion belonging to the Abrahamic religions, Abrahamic tradition. They consider the Quran, the foundational religious text of Islam, to be the verbatim word of the God ...
countries, they, like all other Christians and also Jews, were accorded certain freedoms. The dhimmi system in the Ottoman Empire was largely based upon the
Pact of Umar The Pact of Umar (also known as the Covenant of Umar, Treaty of Umar or Laws of Umar; or or ) is a treaty between the Muslims and non-Muslims who were conquered by Umar during his conquest of the Levant (Syria and Lebanon) in the year 637 CE ...
. The client status established the rights of the non-Muslims to property, livelihood and freedom of worship but they were in essence treated as
second-class citizen A second-class citizen is a person who is systematically and actively discriminated against within a state or other political jurisdiction, despite their nominal status as a citizen or a legal resident there. While not necessarily slaves, ou ...
s in the empire and referred to in Turkish as '' gavours'', a pejorative word meaning "
infidel An infidel (literally "unfaithful") is a person who is accused of disbelief in the central tenets of one's own religion, such as members of another religion, or irreligious people. Infidel is an ecclesiastical term in Christianity around which th ...
" or " unbeliever". The clause of the Pact of Umar which prohibited non-Muslims from building new places of worship was historically imposed on some communities of the Ottoman Empire and ignored in other cases, at discretion of the local authorities. Although there were no laws mandating religious ghettos, this led to non-Muslim communities being clustered around existing houses of worship. In addition to other legal limitations, dhimmis, including the Christians among them, were not considered equals to Muslims and several prohibitions were placed on them. Their testimony against Muslims was inadmissible in courts of law wherein a Muslim could be punished; this meant that their testimony could only be considered in commercial cases. They were forbidden to carry weapons or ride atop horses and camels. Their houses could not overlook those of Muslims; and their religious practices were severely circumscribed (e.g., the ringing of church bells was strictly forbidden).


Jews

Because the early Islamic conquests initially preserved much of the existing administrative machinery and culture, in many territories they amounted to little more than a change of rulers for the subject populations, which "brought peace to peoples demoralized and disaffected by the casualties and heavy taxation that resulted from the years of Byzantine-Persian warfare".
María Rosa Menocal María Rosa Menocal (April 9, 1953 – October 15, 2012) was a Cuban-born scholar of medieval culture and history and Sterling Professor of Humanities at Yale University. She later went on to win the Mellon and Guggenheim Fellowship for Humanities ...
, argues that the Jewish dhimmis living under the caliphate, while allowed fewer rights than Muslims, were still better off than in the Christian parts of Europe. Jews from other parts of Europe made their way to
al-Andalus Al-Andalus () was the Muslim-ruled area of the Iberian Peninsula. The name refers to the different Muslim states that controlled these territories at various times between 711 and 1492. At its greatest geographical extent, it occupied most o ...
, where in parallel to Christian sects regarded as heretical by Catholic Europe, they were not just tolerated, but where opportunities to practice faith and trade were open without restriction save for the prohibitions on proselytization.
Bernard Lewis Bernard Lewis, (31 May 1916 – 19 May 2018) was a British-American historian specialized in Oriental studies. He was also known as a public intellectual and political commentator. Lewis was the Cleveland E. Dodge Professor Emeritus of Near ...
states: Professor of Jewish medieval history at
Hebrew University of Jerusalem The Hebrew University of Jerusalem (HUJI; ) is an Israeli public university, public research university based in Jerusalem. Co-founded by Albert Einstein and Chaim Weizmann in July 1918, the public university officially opened on 1 April 1925. ...
,
Hayim Hillel Ben-Sasson Haim Hillel Ben-Sasson (; 1914 in Valozhyn – 16 May 1977 in Jerusalem) was an Israeli historian, a professor in the Department of Jewish History at the Hebrew University of Jerusalem. His area of expertise was the history of Jews in the Middle ...
, notes: According to the French historian
Claude Cahen Claude Cahen (26 February 1909 – 18 November 1991) was a 20th-century French Marxist orientalist and historian. He specialized in the studies of the Islamic Middle Ages, Muslim sources about the Crusades, and social history of the medieval Isla ...
, Islam has "shown more toleration than Europe towards the Jews who remained in Muslim lands." Comparing the treatment of Jews in the
medieval Islamic world In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and t ...
and medieval Christian Europe, Mark R. Cohen notes that, in contrast to Jews in Christian Europe, the "Jews in Islam were well integrated into the economic life of the larger society", and that they were allowed to practice their religion more freely than they could do in Christian Europe. According to the scholar Mordechai Zaken,
tribal chief A tribal chief, chieftain, or headman is a leader of a tribe, tribal society or chiefdom. Tribal societies There is no definition for "tribe". The concept of tribe is a broadly applied concept, based on tribal concepts of societies of weste ...
tains (also known as aghas) in tribal Muslim societies such as the Kurdish society in
Kurdistan Kurdistan (, ; ), or Greater Kurdistan, is a roughly defined geo- cultural region in West Asia wherein the Kurds form a prominent majority population and the Kurdish culture, languages, and national identity have historically been based. G ...
would tax their Jewish subjects. The Jews were in fact civilians protected by their chieftains in and around their communities; in return they paid part of their harvest as dues, and contributed their skills and services to their patron chieftain.


Hindus and Buddhists

By the 10th century, the Turks of
Central Asia Central Asia is a region of Asia consisting of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. The countries as a group are also colloquially referred to as the "-stans" as all have names ending with the Persian language, Pers ...
had invaded the Indic plains, and spread Islam in Northwestern parts of India. At the end of the 12th century, the Muslims advanced quickly into the Ganges Plain. In one decade, a Muslim army led by Turkic slaves consolidated resistance around
Lahore Lahore ( ; ; ) is the capital and largest city of the Administrative units of Pakistan, Pakistani province of Punjab, Pakistan, Punjab. It is the List of cities in Pakistan by population, second-largest city in Pakistan, after Karachi, and ...
and brought northern India, as far as
Bengal Bengal ( ) is a Historical geography, historical geographical, ethnolinguistic and cultural term referring to a region in the Eastern South Asia, eastern part of the Indian subcontinent at the apex of the Bay of Bengal. The region of Benga ...
, under Muslim rule. From these Turkic slaves would come sultans, including the founder of the
sultanate of Delhi The Delhi Sultanate or the Sultanate of Delhi was a late medieval empire primarily based in Delhi that stretched over large parts of the Indian subcontinent for more than three centuries.
. By the 15th century, major parts of Northern India was ruled by Muslim rulers, mostly descended from invaders. In the 16th century, India came under the influence of the
Mughals The Mughal Empire was an early modern empire in South Asia. At its peak, the empire stretched from the outer fringes of the Indus River Basin in the west, northern Afghanistan in the northwest, and Kashmir in the north, to the highlands of pre ...
.
Babur Babur (; 14 February 148326 December 1530; born Zahīr ud-Dīn Muhammad) was the founder of the Mughal Empire in the Indian subcontinent. He was a descendant of Timur and Genghis Khan through his father and mother respectively. He was also ...
, the first ruler of the Mughal empire, established a foothold in the north which paved the way for further expansion by his successors. Although the Mughal emperor
Akbar Akbar (Jalal-ud-din Muhammad Akbar, – ), popularly known as Akbar the Great, was the third Mughal emperor, who reigned from 1556 to 1605. Akbar succeeded his father, Humayun, under a regent, Bairam Khan, who helped the young emperor expa ...
has been described as a universalist, most Mughal emperors were oppressive of native Hindu, Buddhist and later Sikh populations.
Aurangzeb Alamgir I (Muhi al-Din Muhammad; 3 November 1618 – 3 March 1707), commonly known by the title Aurangzeb, also called Aurangzeb the Conqueror, was the sixth Mughal emperors, Mughal emperor, reigning from 1658 until his death in 1707, becomi ...
specifically was inclined towards a highly fundamentalist approach.


Restrictions

There were a number of restrictions on dhimmis. In a modern sense the dhimmis would be described as second-class citizens. According to historian
Marshall Hodgson Marshall Goodwin Simms Hodgson (April 11, 1922 – June 10, 1968), was an Islamic studies academic and a world historian at the University of Chicago. He was chairman of the interdisciplinary Committee on Social Thought in Chicago. Life Marshall ...
, from very early times Muslim rulers would very often humiliate and punish dhimmis (usually Christians or Jews that refused to convert to Islam). It was official policy that dhimmis should “feel inferior and to know ‘their place". Although ''dhimmis'' were allowed to perform their religious rituals, they were obliged to do so in a manner not conspicuous to Muslims. Loud prayers were forbidden, as were the ringing of church bells and the blowing of the
shofar A shofar ( ; from , ) is an ancient musical horn, typically a ram's horn, used for Jewish ritual purposes. Like the modern bugle, the shofar lacks pitch-altering devices, with all pitch control done by varying the player's embouchure. The ...
. They were also not allowed to build or repair churches and synagogues without Muslim consent. Moreover, dhimmis were not allowed to seek converts among Muslims. In the
Mamluk Mamluk or Mamaluk (; (singular), , ''mamālīk'' (plural); translated as "one who is owned", meaning "slave") were non-Arab, ethnically diverse (mostly Turkic, Caucasian, Eastern and Southeastern European) enslaved mercenaries, slave-so ...
Egypt, where non-Mamluk Muslims were not allowed to ride horses and camels, dhimmis were prohibited even from riding donkeys inside cities. Sometimes, Muslim rulers issued regulations requiring dhimmis to attach distinctive signs to their houses. Most of the restrictions were social and symbolic in nature, and a pattern of stricter, then more lax, enforcement developed over time. The major financial disabilities of the dhimmi were the jizya poll tax and the fact dhimmis and Muslims could not inherit from each other. That would create an incentive to convert if someone from the family had already converted. Ira M. Lapidus states that the "payment of the poll tax seems to have been regular, but other obligations were inconsistently enforced and did not prevent many non-Muslims from being important political, business, and scholarly figures. In the late ninth and early tenth centuries, Jewish bankers and financiers were important at the 'Abbasid court." The jurists and scholars of Islamic sharia law called for humane treatment of the dhimmis. A Muslim man may marry a Jewish or Christian dhimmī woman, who may keep her own religion (though her children were automatically considered Muslims and had to be raised as such), but a Muslim woman cannot marry a dhimmī man unless he converts to Islam. Dhimmīs are prohibited from converting Muslims under severe penalties, while Muslims are encouraged to convert dhimmīs.


Jizya tax

Payment of the ''jizya'' obligated Muslim authorities to protect dhimmis in civil and military matters. Sura 9 ( At-Tawba), verse 29 stipulates that ''jizya'' be exacted from non-Muslims as a condition required for jihad to cease. Islamic jurists required adult, free, healthy males among the dhimma community to pay the jizya, while exempting women, children, the elderly, slaves, those affected by mental or physical handicaps, and travelers who did not settle in Muslim lands. According to
Abu Yusuf Ya'qub ibn Ibrahim al-Ansari (), better known as Abu Yusuf () (729–798) was an Islamic jurist, as well as a student of Abu Hanifa (d.767) and Malik ibn Anas (d.795), who helped spread the influence of the Hanafi school of Islamic law, and w ...
dhimmi should be imprisoned until they pay the jizya in full.Lewis (1984), pp. 14–15. Other jurists specified that dhimmis who don't pay jizya should have their heads shaved and made to wear a dress distinctive from those dhimmis who paid the jizya and Muslims. Lewis states there are varying opinions among scholars as to how much of a burden jizya was. According to
Norman Stillman Norman Stillman, Bar-Ilan University in 2017 Norman Arthur Stillman, also Noam (נועם, in Hebrew; born 1945), is a Jewish-American academic, historian, and Orientalist, serving as the emeritus Schusterman-Josey Professor and emeritus Chair o ...
: "''jizya'' and ''
kharaj Kharāj () is a type of individual Islamic tax on agricultural land and its produce, regardless of the religion of the owners, developed under Islamic law. With the first Muslim conquests in the 7th century, the ''kharaj'' initially was synonym ...
'' were a "crushing burden for the non-Muslim peasantry who eked out a bare living in a subsistence economy." Both agree that ultimately, the additional taxation on non-Muslims was a critical factor that drove many dhimmis to leave their religion and accept Islam.Lewis (1984), pp. 17–18; Stillman (1979), p. 18 However, in some regions the jizya on populations was significantly lower than the zakat, meaning dhimmi populations maintained an economic advantage. According to Cohen, taxation, from the perspective of dhimmis who came under Muslim rule, was "a concrete continuation of the taxes paid to earlier regimes".
Lewis Lewis may refer to: Names * Lewis (given name), including a list of people with the given name * Lewis (surname), including a list of people with the surname Music * Lewis (musician), Canadian singer * " Lewis (Mistreated)", a song by Radiohe ...
observes that the change from Byzantine to Arab rule was welcomed by many among the dhimmis who found the new yoke far lighter than the old, both in taxation and in other matters, and that some, even among the Christians of Syria and Egypt, preferred the rule of Islam to that of Byzantines.Lewis (2002) p. 57 Montgomery Watt states, "the Christians were probably better off as dhimmis under Muslim-Arab rulers than they had been under the Byzantine Greeks." In some places, for example Egypt, the jizya was a
tax incentive A tax incentive is an aspect of a government's taxation policy designed to incentive, incentivize or encourage a particular economic activity by reducing tax payments. Tax incentives can have both positive and negative impacts on an economy. Amo ...
for Christians to convert to Islam. Some scholars have tried compute the relative taxation on Muslims vs non-Muslims in the early Abbasid period. According to one estimate, Muslims had an average tax rate of 17–20 dirhams per person, which rose to 30 dirhams per person when in kind levies are included. Non-Muslims paid either 12, 24 or 48 dirhams per person, depending on their taxation category, though most probably paid 12. The importance of dhimmis as a source of revenue for the
Rashidun Caliphate The Rashidun Caliphate () is a title given for the reigns of first caliphs (lit. "successors") — Abu Bakr, Umar, Uthman, and Ali collectively — believed to Political aspects of Islam, represent the perfect Islam and governance who led the ...
is illustrated in a letter ascribed to Umar I and cited by Abu Yusuf: "if we take dhimmis and share them out, what will be left for the Muslims who come after us? By God, Muslims would not find a man to talk to and profit from his labors." The early Islamic scholars took a relatively humane and practical attitude towards the collection of ''jizya'', compared to the 11th century commentators writing when Islam was under threat both at home and abroad.Lewis (1984), p. 15. The jurist Abu Yusuf, the chief judge of the caliph
Harun al-Rashid Abū Jaʿfar Hārūn ibn Muḥammad ar-Rāshīd (), or simply Hārūn ibn al-Mahdī (; or 766 – 24 March 809), famously known as Hārūn al-Rāshīd (), was the fifth Abbasid caliph of the Abbasid Caliphate, reigning from September 786 unti ...
, rules as follows regarding the manner of collecting the jizya In the border provinces, dhimmis were sometimes recruited for military operations. In such cases, they were exempted from jizya for the year of service.


Administration of law

Religious pluralism existed in medieval Islamic law and
ethics Ethics is the philosophy, philosophical study of Morality, moral phenomena. Also called moral philosophy, it investigates Normativity, normative questions about what people ought to do or which behavior is morally right. Its main branches inclu ...
. The religious laws and courts of other religions, including Christianity, Judaism and Hinduism, were usually accommodated within the Islamic legal framework, as exemplified in the
Caliphate A caliphate ( ) is an institution or public office under the leadership of an Islamic steward with Khalifa, the title of caliph (; , ), a person considered a political–religious successor to the Islamic prophet Muhammad and a leader of ...
,
Al-Andalus Al-Andalus () was the Muslim-ruled area of the Iberian Peninsula. The name refers to the different Muslim states that controlled these territories at various times between 711 and 1492. At its greatest geographical extent, it occupied most o ...
,
Ottoman Empire The Ottoman Empire (), also called the Turkish Empire, was an empire, imperial realm that controlled much of Southeast Europe, West Asia, and North Africa from the 14th to early 20th centuries; it also controlled parts of southeastern Centr ...
and Indian subcontinent. In medieval Islamic societies, the qadi (Islamic judge) usually could not interfere in the matters of non-Muslims unless the parties voluntarily chose to be judged according to Islamic law. The dhimmi communities living in Islamic states usually had their own laws independent from the Sharia law, such as the Jews who had their own Halakha courts. Dhimmis were allowed to operate their own courts following their own legal systems. However, dhimmis frequently attended the Muslim courts in order to record property and business transactions within their own communities. Cases were taken out against Muslims, against other dhimmis and even against members of the dhimmi's own family. Dhimmis often took cases relating to marriage, divorce or inheritance to the Muslim courts so these cases would be decided under sharia law. Oaths sworn by dhimmis in the Muslim courts were sometimes the same as the oaths taken by Muslims, sometimes tailored to the dhimmis' beliefs.al-Qattan (1999) Muslim men could generally marry dhimmi women who are considered People of the Book, however Islamic jurists rejected the possibility any non-Muslim man might marry a Muslim woman. Bernard Lewis notes that "similar position existed under the laws of Byzantine Empire, according to which a Christian could marry a Jewish woman, but a Jew could not marry a Christian woman under pain of death".


Relevant texts


Quranic verses as a basis for Islamic policies toward dhimmis

Lewis states * Al-Baqara 256 "Let there be no compulsion in religion: ...", means non-Muslims should not be forced to adopt IslamLewis (1984) p. 13 * The phrase "Unto you your religion, and unto me my religion.", from has been used as a "proof-text for pluralism and coexistence". * has served to justify the tolerated position accorded to the followers of
Christianity Christianity is an Abrahamic monotheistic religion, which states that Jesus in Christianity, Jesus is the Son of God (Christianity), Son of God and Resurrection of Jesus, rose from the dead after his Crucifixion of Jesus, crucifixion, whose ...
,
Judaism Judaism () is an Abrahamic religions, Abrahamic, Monotheism, monotheistic, ethnic religion that comprises the collective spiritual, cultural, and legal traditions of the Jews, Jewish people. Religious Jews regard Judaism as their means of o ...
, and Sabianism under Muslim rule.


Hadith

A hadith by Muhammad, "Whoever killed a (a person who is granted the pledge of protection by the Muslims) shall not smell the fragrance of Paradise though its fragrance can be smelt at a distance of forty years (of traveling).", is cited as a foundation for the right of non-Muslim citizens to live peacefully and undisturbed in an
Islamic state The Islamic State (IS), also known as the Islamic State of Iraq and the Levant (ISIL), the Islamic State of Iraq and Syria (ISIS) and Daesh, is a transnational Salafi jihadism, Salafi jihadist organization and unrecognized quasi-state. IS ...
. Anwar Shah Kashmiri writes in his commentary on
Sahih al-Bukhari () is the first hadith collection of the Six Books of Sunni Islam. Compiled by Islamic scholar al-Bukhari () in the format, the work is valued by Sunni Muslims, alongside , as the most authentic after the Qur'an. Al-Bukhari organized the bo ...
''Fayd al-Bari'' on this hadith: "You know the gravity of sin for killing a Muslim, for its odiousness has reached the point of disbelief, and it necessitates that he killer abides in Hellforever. As for killing a non-Muslim citizen [], it is similarly no small matter, for the one who does it will not smell the fragrance of Paradise." A similar hadith in regard to the status of the dhimmis: "Whoever wrongs one with whom a compact (treaty) has been made '' .e., a dhimmi' and lays on him a burden beyond his strength, I will be his accuser."


Constitution of Medina

The
Constitution of Medina The Constitution of Medina (; or ; also known as the Umma Document), is a document dealing with tribal affairs during the Islamic prophet Muhammad's time in Medina and formed the basis of the First Islamic State, a multi-religious polity under his ...
, a formal agreement between Muhammad and all the significant tribes and families of Medina (including Muslims, Jews and pagans), declared that non-Muslims in the
Ummah ' (; ) is an Arabic word meaning Muslim identity, nation, religious community, or the concept of a Commonwealth of the Muslim Believers ( '). It is a synonym for ' (, lit. 'the Islamic nation'); it is commonly used to mean the collective com ...
had the following rights: # The security (''dhimma'') of God is equal for all groups, # Non-Muslim members have equal political and cultural rights as Muslims. They will have autonomy and freedom of religion. # Non-Muslims will take up arms against the enemy of the
Ummah ' (; ) is an Arabic word meaning Muslim identity, nation, religious community, or the concept of a Commonwealth of the Muslim Believers ( '). It is a synonym for ' (, lit. 'the Islamic nation'); it is commonly used to mean the collective com ...
and share the cost of war. There is to be no treachery between the two. # Non-Muslims will not be obliged to take part in religious wars of the Muslims.


Khaybar agreement

A precedent for the dhimma contract was established with the agreement between Muhammad and the Jews after the
Battle of Khaybar The Battle of Khaybar () was an armed confrontation between the early Muslims and the Jewish community of Khaybar in 628 CE. Khaybar, which is located approximately to the northwest of Medina, was home to a sizable community of Jewish tribe ...
, an oasis near
Medina Medina, officially al-Madinah al-Munawwarah (, ), also known as Taybah () and known in pre-Islamic times as Yathrib (), is the capital of Medina Province (Saudi Arabia), Medina Province in the Hejaz region of western Kingdom of Saudi Arabia, ...
.
Khaybar KhaybarOther Arabic transliteration, standardized Arabic transliterations: / . Anglicized pronunciation: , . (, ) is an oasis in Medina Province (Saudi Arabia), Medina Province, Saudi Arabia, situated some north of the city of Medina. Prior to ...
was the first territory attacked and conquered by Muslims. When the Jews of Khaybar surrendered to Muhammad after a siege, Muhammad allowed them to remain in Khaybar in return for handing over to the Muslims one half their annual produce.Lewis (1984), pp. 10–11


Pact of Umar

The
Pact of Umar The Pact of Umar (also known as the Covenant of Umar, Treaty of Umar or Laws of Umar; or or ) is a treaty between the Muslims and non-Muslims who were conquered by Umar during his conquest of the Levant (Syria and Lebanon) in the year 637 CE ...
, traditionally believed to be between caliph
Umar Umar ibn al-Khattab (; ), also spelled Omar, was the second Rashidun caliph, ruling from August 634 until his assassination in 644. He succeeded Abu Bakr () and is regarded as a senior companion and father-in-law of the Islamic prophet Mu ...
and the conquered Jerusalem Christians in the seventh century, was another source of regulations pertaining to dhimmis. However, Western
orientalists In art history, literature, and cultural studies, Orientalism is the imitation or depiction of aspects of the Eastern world (or "Orient") by writers, designers, and artists from the Western world. Orientalist painting, particularly of the Middle ...
doubt the authenticity of the pact, arguing it is usually the victors and not the vanquished who impose rather than propose, the terms of peace, and that it is highly unlikely that the people who spoke no Arabic and knew nothing of Islam could draft such a document. Academic historians believe the Pact of Umar in the form it is known today was a product of later jurists who attributed it to Umar in order to lend greater authority to their own opinions. The similarities between the Pact of Umar and the Theodosian and Justinian Codes of the
Eastern Roman Empire The Byzantine Empire, also known as the Eastern Roman Empire, was the continuation of the Roman Empire centred on Constantinople during late antiquity and the Middle Ages. Having survived the events that caused the fall of the Western Roman E ...
suggest that perhaps much of the Pact of Umar was borrowed from these earlier codes by later Islamic jurists. At least some of the clauses of the pact mirror the measures first introduced by the
Umayyad The Umayyad Caliphate or Umayyad Empire (, ; ) was the second caliphate established after the death of the Islamic prophet Muhammad and was ruled by the Umayyad dynasty. Uthman ibn Affan, the third of the Rashidun caliphs, was also a membe ...
caliph
Umar II Umar ibn Abd al-Aziz ibn Marwan (; February 720) was the eighth Umayyad caliph, ruling from 717 until his death in 720. He is credited to have instituted significant reforms to the Umayyad central government, by making it much more efficient and ...
or by the early
Abbasid The Abbasid Caliphate or Abbasid Empire (; ) was the third caliphate to succeed the prophets and messengers in Islam, Islamic prophet Muhammad. It was founded by a dynasty descended from Muhammad's uncle, Abbas ibn Abd al-Muttalib (566–653 C ...
caliphs.


Cultural interactions and cultural differences

During the Middle Ages, local associations known as ''
futuwwa Futuwwa (Arabic: فتوة, "young-manliness") was a conception of adolescent moral behavior around which myriad institutions of Medieval confraternity developed. With characteristics similar to chivalry and virtue, these communal associations of Ar ...
'' clubs developed across the Islamic lands. There were usually several futuwwah in each town. These clubs catered to varying interests, primarily sports, and might involve distinctive manners of dress and custom. They were known for their hospitality, idealism and loyalty to the group. They often had a militaristic aspect, purportedly for the mutual protection of the membership. These clubs commonly crossed social strata, including among their membership local notables, dhimmi and slaves – to the exclusion of those associated with the local ruler, or
amir Emir (; ' (), also transliterated as amir, is a word of Arabic origin that can refer to a male monarch, aristocrat, holder of high-ranking military or political office, or other person possessing actual or ceremonial authority. The title has ...
. Muslims and Jews were sometimes partners in trade, with the Muslim taking days off on Fridays and Jews taking off on Saturdays. Andrew Wheatcroft describes how some social customs such as different conceptions of dirt and cleanliness made it difficult for the religious communities to live close to each other, either under Muslim or under Christian rule.


In modern times

The dhimma and the jizya poll tax are no longer imposed in Muslim majority countries. In the 21st century, jizya is widely regarded as being at odds with contemporary secular conceptions of citizens' civil rights and equality before the law, although there have been occasional reports of religious minorities in conflict zones and areas subject to political instability being forced to pay jizya. In 2009 it was claimed that the
Taliban , leader1_title = Supreme Leader of Afghanistan, Supreme leaders , leader1_name = {{indented plainlist, * Mullah Omar{{Natural Causes{{nbsp(1994–2013) * Akhtar Mansour{{Assassinated (2015–2016) * Hibatullah Akhundzada (2016–present) ...
imposed the ''jizya'' on
Pakistan's Pakistan, officially the Islamic Republic of Pakistan, is a country in South Asia. It is the fifth-most populous country, with a population of over 241.5 million, having the second-largest Muslim population as of 2023. Islamabad is the nat ...
minority Sikh community after occupying some of their homes and kidnapping a Sikh leader. In 2013, the
Muslim Brotherhood The Society of the Muslim Brothers ('' ''), better known as the Muslim Brotherhood ( ', is a transnational Sunni Islamist organization founded in Egypt by Islamic scholar, Imam and schoolteacher Hassan al-Banna in 1928. Al-Banna's teachings s ...
in
Egypt Egypt ( , ), officially the Arab Republic of Egypt, is a country spanning the Northeast Africa, northeast corner of Africa and Western Asia, southwest corner of Asia via the Sinai Peninsula. It is bordered by the Mediterranean Sea to northe ...
occupied the town of Dalga immediately following the overthrow of Mohammed Morsi on 3 July, and reportedly imposed ''jizya'' on the 15,000 Christian
Copts Copts (; ) are a Christians, Christian ethnoreligious group, ethnoreligious group native to Northeast Africa who have primarily inhabited the area of modern Egypt since antiquity. They are, like the broader Egyptians, Egyptian population, des ...
living there. However, in autumn of that same year Egyptian authorities were able to retake control of the town following two prior failed attempts. In February 2014, the
Islamic State of Iraq and the Levant The Islamic State (IS), also known as the Islamic State of Iraq and the Levant (ISIL), the Islamic State of Iraq and Syria (ISIS) and Daesh, is a transnational Salafi jihadist organization and unrecognized quasi-state. IS occupied signi ...
(ISIL) announced that it intended to extract jizya from Christians in the city of
Raqqa Raqqa (, also , Kurdish language, Kurdish: ''Reqa'') is a city in Syria on the North bank of the Euphrates River, about east of Aleppo. It is located east of the Tabqa Dam, Syria's largest dam. The Hellenistic, Roman, and Byzantine city and b ...
, Syria, which it controlled at the time. Christians who refused to accept the dhimma contract and pay the tax were to have to either convert to Islam, leave or be executed. Wealthy Christians would have to pay half an ounce of gold, the equivalent of $664 twice a year; middle-class Christians were to have to pay half that amount and poorer ones were to be charged one-fourth that amount. In June 2014 the
Institute for the Study of War The Institute for the Study of War (ISW) is an American nonprofit research group and advocacy think tank founded in 2007 by military historian Kimberly Kagan and headquartered in Washington, D.C. ISW provides research and analysis of modern arm ...
reported that ISIL claims to have collected jizya and fay. On 18 July 2014 ISIL ordered the Christians in
Mosul Mosul ( ; , , ; ; ; ) is a major city in northern Iraq, serving as the capital of Nineveh Governorate. It is the second largest city in Iraq overall after the capital Baghdad. Situated on the banks of Tigris, the city encloses the ruins of the ...
to accept the dhimma contract and pay the jizya or convert to Islam. If they refused to accept either of the options they would be killed.


See also

* * * * * * * * * * * *


Notes


References

* * * * * Bosworth, C. E. (1982). ''The Concept of Dhimma in Early Islam'' In Benjamin Braude and B. Lewis, eds., ''Christians and Jews in the Ottoman Empire: The Functioning of a Plural Society'' 2 vols., New York: Holmes & Meier Publishing. * * * * * * * * * * * * * * * * * * * * * * * *


Further reading

* Nabil Luka Babawi: ''Les droits et les devoirs des chrétiens dans l'état islamique et leurs conséquences sur la sécurité nationale'', thèse de doctorat. * * * Mark. R. Cohen: ''Under Crescent and Cross: The Jews in the Middle Ages.'' Princeton University Press, 1994. * * Maribel Fierro and John Tolan, eds, ''The legal status of ḏimmī-s in the Islamic West (second/eighth-ninth/fifteenth centuries)'' (Turnhoult, 2013). * * * * Nicola Melis, "Il concetto di ğihād", in P. Manduchi (a cura di), ''Dalla penna al mouse. Gli strumenti di diffusione del concetto di ğihād'', Angeli, Milano 2006, pp. 23–54. * Nicola Melis, "Lo statuto giuridico degli ebrei dell'Impero Ottomano", in M. Contu – N. Melis – G. Pinna (a cura di), ''Ebraismo e rapporti con le culture del Mediterraneo nei secoli XVIII–XX'', Giuntina, Firenze 2003. * Nicola Melis, ''Trattato sulla guerra. Il Kitāb al-ğihād di Molla Hüsrev'', Aipsa, Cagliari 2002. * Mohammad Amin Al-Midani: "La question des minorités et le statut des non-musulmans en Islam." In: ''La religion est-elle un obstacle à l'application des droits de l'homme?.'' colloque tenu les 10–11 décembre 2004 à Lyon. * M. Levy-Rubin: "Shurut 'Umar and its alternatives: the legal debate on the status of the dhimmis." In: ''Jerusalem Studies in Arabic and Islam.'' 30/2005 * Pessah Shinar: "Some remarks regarding the colours of male Jewish dress in North Africa and their Arabic-Islamic context." In: ''
Jerusalem Studies in Arabic and Islam ''Jerusalem Studies in Arabic and Islam'' is a peer-reviewed academic journal covering the study of classical Islam, Islamic religious thought, Arabic language and literature, the origins of Islamic institutions, and the interaction between Islam ...
.'' 24/2000, pp. 380–395


External links


Islamic and Christian Spain in the early Middle Ages. Thomas F. Glick: Chapter 5: Ethnic relations


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Islamic Teaching On Dhimmi Status Creates An Atmosphere Of Intolerance
from th
Religious Freedom Packet
of th
Order of Saint Andrew the Apostle


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Jihad, the Arab Conquests and the Position of Non-Muslim Subjects
(archived) {{Authority control Islam and other religions Arabic words and phrases in Sharia Religion and politics Religious discrimination Politics of the Ottoman Empire Social history