> Muslim Response The Jizyah - A Tax on Non-Muslims?

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The Jizyah – A Tax on Non-Muslims?| Prepared by the research committee of IslamToday.net |


Allah says: “They pay the jizyah by hand in a condition of submission.” [from Sûrah al-Tawbah: 29]

This is the verse that establishes the jizyah – a tax that is paid by non-Muslims who live as citizens in the Muslim state.

There is considerable confusion among people as to what the jizyah is all about and why only non-Muslims have to pay it. This article seeks to address the nature of the jizyah, the reasons for it, and the rationale behind it. Looking at the Phrase:
Some people feel that the words “in a condition of submission” mean that the jizyah is some sort of punishment or humiliation for the non-Muslim citizens. This is a misreading of the verse and a common misunderstanding held by Muslims and non-Muslims alike.

The words in Arabic are: “yu`tû al-jizyata `an yadin wa hum sâghirûn”.

“yu`tû al-jizyata” = they pay the jizyah

“`an yadin” = roughly translated: from hand to hand. The word “yad” in Arabic is often used to mean power or ability. Essentially, it means here that what they have to pay is something that is within their capacity to pay.

“wa hum sâghirûn” = “in a condition of submission”

The phrase “wa hum sâghirûn” is an adverbial clause. It is specifically a “hâl” – a part of speech that refers to the circumstances of the subject or object of the verb while the action of the verb is taking place.

The particle “wa” here is called “wâw al-hâl”. In Arabic grammar, this is a particle that turns the full sentence that comes after it into an adverbial clause depicting the circumstance of the action.

The word sâghir means “meek” or “subdued”. What this means is that the non-Muslim citizens of the state are subordinate to the state and not in an act of opposition or rebellion against it.

This means that these non-Muslims are paying the tax that is due upon them in a framework of obedience to, and recognition of, the state wherein they are full citizens. The Nature of Jizyah
Non-Muslims live in the Muslim state as citizens under a contractual agreement (dhimmah) whereby they pay the jizyah, a fixed annual levy, in lieu of two things:

1. Jizyah is paid in lieu of exemption from military service. Non-Muslim citizens receive the protection of the state, whereby they are allowed to live in peace and security, without being obliged to engage in any military service. The Muslims, by contrast, are required to engage in military service when they are called upon to do so.

Historically, at times when the Muslim government could not afford protection from enemies to the non-Muslims living in the outlying regions of the Muslim state, this levy was returned to them.

2. Jizyah is paid in lieu of exmption from paying zakâh. In spite of the fact that, as citizens, they have full rights to receive assistance from the public treasury and to benefit from public services and public works, non-Muslims are exempt from paying zakâh. By contrast, Muslims in the Muslim state must pay zakâh to the public treasury.

Each of these two forms of taxation has economic advantages and disadvantages for those who have to pay it, which we can ascertain by making a comparison between them.

First, we must understand that neither jizyah nor zakâh is a tax on income. Jizyah is a head tax levied as a fixed sum upon each taxable individual. Zakâh is a tax on savings, levied upon the money that is kept in savings by a Muslim.

The jizyah is paid annually as a fixed sum of money levied upon each free, adult male citizen. No jizyah is paid by or on behalf of a child, a woman, or a slave. A poor man who cannot afford to pay the jizyah is also exempt. It can be a graduated tax, whereby the very poor pay nothing, the lower class pays little, the middle-class pays more, and the wealthy pay the most. However, each grade is still a fixed limit.

We can contrast this with zakâh. The zakâh on monetary wealth is 2.5% of all savings retained for a year. A Muslim who has little or no savings will pay little or no Zakâh, regardless of how well-off he or she might otherwise be. (No Muslim who possesses savings is exempt, not even a child.) However, a Muslim who possesses considerable savings has a very heavy annual tax burden, many times in excess of the jizyah that any non-Muslim citizen would have to pay, and regardless of the Muslim’s annual income.

From a purely economic perspective, the zakâh tax is economically favorable to someone who possesses little or no savings. Such a person will either pay nothing or very little, even if that person is affluent in his or her daily means. By contrast – and from the same purely economic perspective – zakâh is disadvantageous to a person who possesses a considerable amount of monetary wealth or is trying to amass investment capital over time.

From the same perspective, the jizyah is disadvantageous to people of low income, since they have to pay the flat tax regardless of whether or not they enjoy a surplus. It is economically advantageous to those who have large capital savings or who are seeking to amass investment capital.

This has, throughout history, provided non-Muslim citizens in the Muslim state with an economic advantage in business. They could amass huge amounts of investment capital as individuals or through corporations, all of which was tax-exempt. This is one reason why throughout Muslim history – and without exception – every Muslim country that had a Christian or Jewish community also had a very robust Christian or Jewish business sector. They were always the leaders in business and trade.

We must keep in mind that it is Allah’s wisdom that He conferred this system of taxation upon the people. One possible aspect of the wisdom in this system is that, in this way, non-Muslims could always find prosperity in the Muslim state, even when they were in the minority, and therfore would be content and feel loyalty to their country.

Also, in reality, there is no disadvantage to the Muslims for having to pay zakâh on their savings, since zakâh is an act of worship whereby the Muslim purifies his or her wealth – which is a gift and a trust from Allah. In doing so, the Muslim attains Allah’s pleasure and receives increase in both this world and the Hereafter from whence he or she cannot fathom. There is also the inestimable satisfaction of doing a good deed that is absent from the payment of other forms of taxation. The Rights of non-Muslim Citizens
The non-Muslims who pay the jizyah – as well as those non-Muslim citizens who are exempt from paying it for whatever reason – are all full citizens of the Muslim country. Their rights, their lives, their property, and their honor are inviolable. They have the right to employment, education, and to freely engage in commerce. They can, and historically often did, hold high-level government posts. They cannot, however, hold a government post that would put them in charge of the religious affairs of the Muslims. For instance, a non-Muslim cannot be Minister of Islamic Endowments in charge of the mosques.

Non-Muslim citizens have the right to practice their religion among themselves as they like without molestation, provided they do not call Muslims to it. They have the right to have civil courts under their own religious jurisdiction to handle affairs such as marriage, divorce, inheritance, and disputes among themselves.

However, they must abide by the criminal code of the Muslims, except in a few matters. They are allowed to engage in those matters deemed lawful in their religion that are unlawful in Islam, like the consumption of pork and alcohol, provided they keep this among themselves and do not make it accessible to the Muslim population.

The jizyah goes into the same public treasury that zakâh funds, import taxes, and land levies go into. Very poor non-Muslims are exempted from paying this tax. Instead, as citizens they are just as eligible as Muslim citizens to receive welfare payments from the public treasury. Also, the salaries of non-Muslim government officials and employees – as well as the maintenance of public services like the non-Muslim religious courts that are exclusively for the benefit of the non-Muslims – are paid out of the same treasury. Conclusions
The jizyah and zakâh are two taxation schemes for citizens in the Muslim state. It is only fair that both groups of citizens pay into the state treasury, since both have equal access to state welfare, government services, and public works. The Muslims pay zakâh upon their savings as an act of worship, to purify their wealth. Likewise, military service in the Muslim state is seen as a religious duty when the state summons the person to serve. Non-Muslims are therefore exempt from military service for this reason. Likewise, instead of having to pay the religious tax of zakâh, they have to pay a fixed tax that is purely a civil duty and not tied in with any religious conviction.

And Allah knows best.



Islamtoday.com: The Jizyah � A Tax on Non-Muslims?

[Qatada]

asalaam alaikum


Muslims pay zakaah, and non muslims pay jizyah.

Except that Muslims still have to defend the people in the land when the imam calls them to unite, whereas the non muslims don't have to.

If the muslims rich, he even has to give more zakaah than the non muslim has to give jizyah.


Jizyah is taken from adult non muslims in the state, not children. With this, they get protection and safety of their blood, honour, wealth, religion and family.


The Mu'aahid (one who seeks asylum) in the Muslim land can't be harmed by the Muslims. He may seek asylum through a Muslim who grants him protection. An example of this is the daughter of Allah's Messenger, Zaynab. She gave protection to her husband while he was a polytheist, and Allah's Messenger accepted her protection, so he couldn't be harmed. Later on her husband became muslim and they united again in marriage.



Allah knows best.

[Qatada]

asalaam alaikum


Jizyah;




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The threat for Killing a Mu'ahid (one seeking asylum in Islamic state);



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Also;




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[TheBoxer]

I just wanted to provide some additional information relevant to this topic.

The following is from the Tafsir Ibn Kathir regarding Quran 9:29--

The Order to fight People of the Scriptures until They give the Jizyah

Allah said, Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, and those who acknowledge not the religion of truth among the People of the Scripture, until they pay the Jizyah with willing submission, and feel themselves subdued. Therefore, when People of the Scriptures disbelieved in Muhammad , they had no beneficial faith in any Messenger or what the Messengers brought. Rather, they followed their religions because this conformed with their ideas, lusts and the ways of their forefathers, not because they are Allah's Law and religion. Had they been true believers in their religions, that faith would have directed them to believe in Muhammad , because all Prophets gave the good news of Muhammad's advent and commanded them to obey and follow him. Yet when he was sent, they disbelieved in him, even though he is the mightiest of all Messengers. Therefore, they do not follow the religion of earlier Prophets because these religions came from Allah, but because these suit their desires and lusts. Therefore, their claimed faith in an earlier Prophet will not benefit them because they disbelieved in the master, the mightiest, the last and most perfect of all Prophets . Hence Allah's statement, Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, and those who acknowledge not the religion of truth among the People of the Scripture, This honorable Ayah was revealed with the order to fight the People of the Book, after the pagans were defeated, the people entered Allah's religion in large numbers, and the Arabian Peninsula was secured under the Muslims' control. Allah commanded His Messenger to fight the People of the Scriptures, Jews and Christians, on the ninth year of Hijrah, and he prepared his army to fight the Romans and called the people to Jihad announcing his intent and destination. The Messenger sent his intent to various Arab areas around Al-Madinah to gather forces, and he collected an army of thirty thousand. Some people from Al-Madinah and some hypocrites, in and around it, lagged behind, for that year was a year of drought and intense heat. The Messenger of Allah marched, heading towards Ash-Sham to fight the Romans until he reached Tabuk, where he set camp for about twenty days next to its water resources. He then prayed to Allah for a decision and went back to Al-Madinah because it was a hard year and the people were weak, as we will mention, Allah willing.

Paying Jizyah is a Sign of Kufr and Disgrace

Allah said, until they pay the Jizyah, if they do not choose to embrace Islam, with willing submission, in defeat and subservience, and feel themselves subdued., disgraced, humiliated and belittled. Therefore, Muslims are not allowed to honor the people of Dhimmah or elevate them above Muslims, for they are miserable, disgraced and humiliated. Muslim recorded from Abu Hurayrah that the Prophet said, "Do not initiate the Salam to the Jews and Christians, and if you meet any of them in a road, force them to its narrowest alley." This is why the Leader of the faithful `Umar bin Al-Khattab, may Allah be pleased with him, demanded his well-known conditions be met by the Christians, these conditions that ensured their continued humiliation, degradation and disgrace. The scholars of Hadith narrated from `Abdur-Rahman bin Ghanm Al-Ash`ari that he said, "I recorded for `Umar bin Al-Khattab, may Allah be pleased with him, the terms of the treaty of peace he conducted with the Christians of Ash-Sham: `In the Name of Allah, Most Gracious, Most Merciful. This is a document to the servant of Allah `Umar, the Leader of the faithful, from the Christians of such and such city. When you (Muslims) came to us we requested safety for ourselves, children, property and followers of our religion. We made a condition on ourselves that we will neither erect in our areas a monastery, church, or a sanctuary for a monk, nor restore any place of worship that needs restoration nor use any of them for the purpose of enmity against Muslims. We will not prevent any Muslim from resting in our churches whether they come by day or night, and we will open the doors [of our houses of worship] for the wayfarer and passerby. Those Muslims who come as guests, will enjoy boarding and food for three days. We will not allow a spy against Muslims into our churches and homes or hide deceit [or betrayal] against Muslims. We will not teach our children the Qur'an, publicize practices of Shirk, invite anyone to Shirk or prevent any of our fellows from embracing Islam, if they choose to do so. We will respect Muslims, move from the places we sit in if they choose to sit in them. We will not imitate their clothing, caps, turbans, sandals, hairstyles, speech, nicknames and title names, or ride on saddles, hang swords on the shoulders, collect weapons of any kind or carry these weapons. We will not encrypt our stamps in Arabic, or sell liquor. We will have the front of our hair cut, wear our customary clothes wherever we are, wear belts around our waist, refrain from erecting crosses on the outside of our churches and demonstrating them and our books in public in Muslim fairways and markets. We will not sound the bells in our churches, except discretely, or raise our voices while reciting our holy books inside our churches in the presence of Muslims, nor raise our voices [with prayer] at our funerals, or light torches in funeral processions in the fairways of Muslims, or their markets. We will not bury our dead next to Muslim dead, or buy servants who were captured by Muslims. We will be guides for Muslims and refrain from breaching their privacy in their homes.' When I gave this document to `Umar, he added to it, `We will not beat any Muslim. These are the conditions that we set against ourselves and followers of our religion in return for safety and protection. If we break any of these promises that we set for your benefit against ourselves, then our Dhimmah (promise of protection) is broken and you are allowed to do with us what you are allowed of people of defiance and rebellion.'''

The following is from Sayyid Abul Ala Maududi - Tafhim al-Qur'an 9:29--

Fight with those from among the people of the Book, who do not believe in Allah nor in the Last Day;26 who do not make unlawful that which Allah and His Messenger have made unlawful,27 and do not adopt the Right way as their way. (Fight with them) until they pay Jizyah with their own hands and are humbled.28

26Though the people of the Book professed to believe in Allah and the Hereafter, in fact they believed in neither. For only that person really believes in Allah who acknowledges Him as the only One God and the only One Lord, and does not associate with Him any other, whatsoever, in His Being, in His characteristics, in His rights and in His powers and authority. But according to this definition of shirk both the Christians and the Jews were guilty of shirk as has been made plain in the verses that follow: therefore their profession of belief in Allah was meaningless. Likewise they did not really believe in the Hereafter, in spite of the fact that they believed in Resurrection. For it is not enough: one must also believe that on that Day absolute justice will be done on the basis of one's belief and actions. One should also believe that no ransom and no expiation and no 'spiritual' relationships with any 'saint' shall be of any avail on that Day. It is absolutely meaningless to believe in the Hereafter without this. And the Jews and the Christians had polluted their faiths because they believed that such things would protect them against justice on that Day.

27The second reason why Jihad should be waged against them is drat they did not adopt the Law sent down by Allah through His Messenger.

28This is the aim of Jihad with the Jews and the Christians and it is not to force them to become Muslims and adopt the `Islamic Way of Life.' They should be forced to pay Jizyah in order to put an end to their independence and supremacy so that they should not remain rulers and sovereigns in the land. These powers should be wrested from them by the followers of the true Faith, who should assume the sovereignty and lead others towards the Right Way, while they should become their subjects and pay jizyah. Jizyah is paid by those non-Muslims who live as Zimmis (proteges) in an Islamic State, in exchange for the security and protection granted to them by it. This is also symbolical of the fact that they themselves agree to live in it as its subjects. This is the significance of "..... they Pay jizyah with their own hands," that is, "with full consent so that they willingly become the subjects of the Believers, who perform the duty of the vicegerents of Allah on the earth. "

At first this Command applied only to the Jews and the Christians. Then the Holy Prophet himself extended it to the Zoroastrians also. After his death, his Companions unanimously applied this rule to all the non-Muslim nations outside Arabia.

This is jizyah " of which the Muslims have been feeling apologetic during the last two centuries of their degeneration and there are still some people who continue to apologize for it. But the Way of Allah is straight and clear and does not stand in need of any apology to the rebels against Allah. Instead of offering apologies on behalf of Islam for the measure that guarantees security of life, property and faith to those who choose to live under its protection, the Muslims should feel proud of such a humane law as that of jizyah. For it is obvious that the maximum freedom that can be allowed to those who do not adopt the Way of Allah but choose to tread the ways of error is that they should be tolerated to lead the life they like. That is why the Islamic State offers them protection, if they agree to live as its Zimmis by paying jizyah, but it cannot allow that they should remain supreme rulers in any place and establish wrong ways and impose them on others. As this state of things inevitably produces chaos and disorder, it is the duty of the true Muslims to exert their utmost to bring to an end their wicked rule and bring them under a righteous order.

As regards the question, "What do the non-Muslims get in return for Jizyah " it may suffice to say that it is the price of the freedom which the Islamic State allows them in following their erroneous ways, while living in the jurisdiction of Islam and enjoying its protection. The money thus collected is spent in maintaining the righteous administration that gives them the freedom and protects their rights. This also serves as a yearly reminder to them that they have been deprived of the honor of paying Zakat in the Way of Allah, and forced to pay jizyah instead as a price of following the ways of error.

I thought it only fair that we also talk about the meaning of the jizyah, not just the practical application of it.

~TheBoxer

[Qatada]

asalaam alaikum


Protection for non muslims in Muslim lands;

Sahih Al Bukhari Volumn 009, Book 083, Hadith Number 049.


Narated By 'Abdullah bin 'Amr : The Prophet said, "Whoever killed a Mu'ahid (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)."


"The non muslims who are protected by sharee’ah (laws of islam) are of three types:


1 – Al-dhimmi. This is one with whom we have a contract or treaty of al-dhimmah (i.e., one who lives in a Muslim state)

2 – Al-mu’aahad. This is one with whose people we have a peace treaty.

3 – Al-musta’man. This is one who has entered the Muslim land and has been guaranteed safety, such as those who come to do business, to work, to visit relatives, and so on."

[sirajstc]

jazakallah khaiar brother..