Information AboutJizyah |
| CATEGORIES ABOUT JIZYA | |
| sharia | |
| personal taxes | |
| islam and other religions | |
| judeo-islamic topics | |
|
In states ruled by School of Law, which prevailed in Egypt, also in theory." Goiten, S.D. "Evidence on the Muslim Poll Tax from Non-Muslim Sources", ''Journal of the Economic and Social History of the Orient 1963'', Vol. 6, pp. 278-279. Non-Muslim citizens who pay the tax are permitted to practice their faith and to enjoy a measure of communal autonomy as well as being entitled to Muslim protection from outside aggression and being exempted from military service amongst numerous other exemptions to levies upon Muslim citizens. John Louis Esposito , ''Islam the Straight Path'', Oxford University Press, Jan 15, 1998, p. 34.Lewis (1984), pp. 10, 20Ali, Abdullah Yusuf (1991). The Holy Quran. Medina: King Fahd Holy Qur-an Printing Complex, pg. 507 Taxation from the perspective of people who came under the Muslim rule, was a concrete continuation of the taxes paid to earlier regimes,Cl. Cahen in Encyclopedia Of Islam , Jizya article but now lower under the Muslim rule Lewis 1984 p.18 Lewis (2002) p.57 and from the point of view of the Muslim conqueror was a material proof of the payer's subjection. DEFINITIONS Shakir and Khalifa 's English Translation s of the Qur'an render ''jizya'' as " Tax ", while Pickthal translates it as " Tribute ". Yusuf Ali prefers to Transliterate the term as ''jizyah''. Commentators disagree on the definition and derivation of the word ''jizya'':
In practice, the word is applied to a special type of tax, levied upon the non-Muslim adult males living under an Islamic state. SOURCES Qur'an The imposition of ''jizya'' upon non-Muslims is mandated by the Qur'an 1: Fight those who believe not in ( Universalunity.net Parallel Translation of the Qur'an ) This is the only Qur'anic verse that enjoins struggle against people of the book. "Ethics and the Qur’an,” in states that this verse is the only Qur'anic verse which seems to endorse war of aggression, however if read as a continuation of previous verses (2), it would be concerned against a particular group of "dualists" (musyrikun) who are accused of oath-breaking and aggression (cf. 3) Patricia Crone, Encyclopedia of the Qur'an, War article, p.456 Hadith ''Jizya'' is mentioned a number of times in the '' Hadith ''. Common themes across multiple ''hadith'' (and often multiple collections of ''hadith'') include Muhammad ordering his military commanders to fight non- Muslim s until they accepted Islam or paid the ''jizya'', Muhammad and a number of Caliph s imposing ''jizya'' on various peoples, and the eventual abolition of ''jizya'' by Jesus ' Second Coming . Sunan Abu-Dawud
Sahih Bukhari
Sahih Muslim
Al-Muwatta
APPLICATION ''Jizya'' was applied to every free adult male member of the s for the richest (e.g. moneychangers), 24 for those of moderate wealth, and 12 for craftsmen and manual laborers.Abu Yusuf, ''Kitab al-Kharaj'', quoted in Stillman (1979), pp. 159–160 Females, children, the poor, and hermits were exempt. The disabled and elderly were exempt unless they were independently wealthy, as were Mendicant Monk s—those living in productive monasteries had to pay. Though ''jizya'' was mandated specifically for other monotheistic faiths ( Judaism , Christianity , Zoroastrianism ), under the '' Maliki '' school of '' Fiqh '' ''jizya'' was extended to all non-Muslims.Seed, Patricia. ''Ceremonies of Possession in Europe's Conquest of the New World, 1492-1640'', Cambridge University Press, Oct 27, 1995, pp. 79-80. Thus some Muslim rulers also collected ''jizya'' from Hindu s and Sikh s under their rule. The collection of the tax was sometimes the duty of the elders of those communities, but often it was collected directly from individuals, in accordance with specific payment rituals described in the writings of Muslim jurists. In return for the tax, those who paid the ''jizya'' were permitted to keep their non-Muslim religion. They could not serve in the military or bear arms, but their community was considered to be under the protection of the Muslim state, subject to their meeting certain conditions. Non-Muslims were also exempt from '' Zakat '', or mandatory charity paid by Muslims. If someone refused to pay the ''jizya'', he could be imprisoned, according to Abu Yusuf.Stillman (1979), p. 160. Refusal to pay the ''jizya'' tax resulted in warfare until the Islamic rule was accepted. The change from Byzantine and Persian rule to Arab rule lowered taxes and created greater religious freedom, and was welcomed by some Jews and Christians. Nevertheless, taxation was a concern for non-Muslims who were paying a higher tax than the ''zakat'' tax paid by Muslims. It was also an important factor persuading many dhimmis to convert to Islam, though during the first century after the Arab conquest of Syria and Palestine conversion to Islam was not encouraged "partly because the ''jizyah'' constituted an important source of state revenue".Cleveland, William L. ''A History of the Modern Middle East'', Westview Press, Nov 1, 1999, p. 15. Bernard Lewis , Professor Emeritus of Near Eastern Studies at Princeton University , states that the discrimination in the amount of taxation was inherited from the previous Byzantium and Iranian empires. Lewis (2002) p.57 Lewis (1984), pp. 14–15 , p.26 Scholars differ as to the exact burden imposed by the ''jizya'' tax. Documentary evidence, including that found in eleventh-century Cairo Geniza documents, suggest that the burden, at least for the poorer classes, was heavy. As the taxation amount was fixed in gold, it became less burdensome over the centuries.Lewis 1984, p.26 In modern times, the ''jizya'' and ''zakat'' taxes have been replaced by other forms of taxation. ISLAMIC LEGAL COMMENTARY
HISTORY Early Islam and the Rashidun Caliphate ''Jizya'' was levied in the time of Muhammad on vassal tribes under Muslim protection, including Jews in Khaybar , Christian s in Najran , and Zoroastrians in Bahrain . William Montgomery Watt traces its origin to a pre-Islamic practice among the Arabian nomads wherein a powerful tribe would agree to protect its weaker neighbors in exchange for a tribute, which would be refunded if the protection proved ineffectual. William Montgomery Watt (1980), pp. 49–50. Muhammad himself sent a letter to the Christians and Jews of Elath requiring the imposition of ''jizya'': I have no intention of fighting you before writing to you. Thou hast to accept Islam, or pay the tax, and obey God and his Messenger and the messengers of his Messenger, and do them honour and dress them in fine clothing, not in the raiment of raiders; therefore clothe Zayd in fine robes, for if you satisfy my envoys, you will satisfy me. Surely the tax is known to you. Therefore if you wish to be secure on land and on sea, obey God and his Messenger and you will be free of all payments that you owed the Arab or non-Arabs, apart from the payment to God [which is the payment of his Messenger. But be careful lest thou do not satisfy them, for then I shall not accept anything from you, but I shall fight you . . . . Come then, before a calamity befalls you... Gil, Moshe . ''A History of Palestine: 634-1099'', Cambridge University Press, 1997, p. 28. Under , however, in ''The Early Islamic Conquests'', states that the difference between ''sadaqa'' and ''jizya'' is that the former was levied on nomads, whereas the latter was levied on settled non-Muslims. Donner sees ''sadaqa'' as being indicative of the lower status of nomadic tribes, so much so that that Christian tribesmen preferred to pay the ''jizya''. Jabala b. al-Ayham of the B. Ghassan is reported asked Umar "Will you levy sadaqa from me as you would from the bedouin (al-'arab)?" Umar acceded to collecting ''jizya'' from him instead, as he did from other Christians. Donner, Fred McGraw . ''[http://www.fordham.edu/halsall/med/donner.html The Early Islamic Conquests '', Princeton University Press, 1981, p. 251. Sir Thomas Arnold, an early 20th century Orientalist , gives an example of a Christian Arab tribe which avoided paying the ''jizya'' altogether by fighting alongside Muslim armies "such was the case with the tribe of al-Jurajimah, a Christian tribe in the neighbourhood of Antioch, who made peace with the Muslims, promising to be their allies and fight on their side in battle, on condition that they should not be called upon to pay jizya and should receive their proper share of the booty". {Link without Title} In his message to the people of Al-Hirah , Khalid Bin Walid is recorded as saying (in reference to the ''jizya''), "When a person is too old to work or suffers a handicap, or when he falls into poverty, he is free from the dues of the poll tax; his sustenance is provided by the Muslim Exchequer." A letter attributed to Khalid bin Walid said that "This is a letter of Khalid ibn al-Waleed to Saluba ibn Nastuna and his people; I agreed with you on al-jezyah and protection. As long as we protect you we have the right in al-jezyah, otherwise we have none.”[http://www.islamonline.net/askaboutislam/display.asp?hquestionID=4429 According to Muslim accounts of Umar, in his time some payers of the ''jizya'' were compensated if they had not been cared for properly. The accounts vary, but describe his meeting an old Jew begging, and assisting him; according to one version: Umar said to him, "Old man! We have not done justice to you. In your youth we realized Jizyah from you and have left you to fend for yourself in your old age". Holding him by the hand, he led him to his own house, and preparing food with his own hands fed him and issued orders to the treasurer of the Bait-al-mal that that old man and all others like him, should be regularly doled out a daily allowance which should suffice for them and their dependents. {Link without Title} Mughal India In . Nineteenth century In . 2007. Britannica Concise Encyclopedia. 29 May 2007. In 1894 ''jizya'' was still being collected in Morocco ; an Italian Jew described his experience there: The kadi Uwida and the kadi Mawlay Mustafa had mounted their tent today near the . ''Islam and Dhimmitude: Where Civilizations Collide'', Fairleigh Dickinson University Press, 2002, pp. 70-71. The ''jizya'' was eliminated in Algeria and Tunisia in the 19th century, but continued to be collected in Morocco until the first decade of the 20th century."Though in Tunisia and Algeria the ''jizya/kharaj'' practice was eliminated during the 19th century, Moroccan Jewry still paid these taxes as late as the first decade of the twentieth century." Michael M. Laskier, ''North African Jewry in the Twentieth Century: Jews of Morocco, Tunisia and Algeria'', NYU Press, 1994, p. 12. CRITICISM Criticism of ''jizya'' has typically focused not only on its specific application to non-Muslims, but also its humiliating nature. It has been described as a demonstration of "constitutional inferiority and humiliation". The Jizyah Tax: Equality And Dignity Under Islamic Law? by Walter Short, debate.org.uk According to Khaled Abou Al-Fadl : {Link without Title} is conducive to an arrogance that can easily descend into a lack of respect or concern for the well-being or dignity of non-Muslims. When this arrogant orientation is coupled with textual sources that exhort Muslims to fight against unbelievers ('' Kuffar ''), it can produce a radical belligerency. Abou Al-Fadl, Khaled . ''The Place of Tolerance in Islam'', Beacon Press, 2002, p. 13. Orientalist S.D. Goitein writes: It was, of course, evident that the tax represented a discrimination and was intended, according to the Koran's own words, to emphasize the inferior status of the non-believers. It seemed, however, that from the economic point of view, it did not constitute a heavy imposition, since it was on a sliding scale, approximately one, two, and four dinars, and thus adjusted to the financial capacity of the taxpayer. This impression proved to be entirely fallacious, for it did not take into consideration the immense extent of poverty and privation experienced by the masses, and in particular their way of living from hand to mouth, their persistent lack of cash, which turned the "season of the tax" into one of horror, dread, and misery. The provisions of ancient Islamic law which exempted the indigent, the invalids and the old, were no longer observed in the Geniza period and had been discarded by the Shāfi‘ī School of Law, which prevailed in Egypt, also in theory. Goiten, S.D. "Evidence on the Muslim Poll Tax from Non-Muslim Sources", ''Journal of the Economic and Social History of the Orient 1963'', Vol. 6, pp. 278-279. SEE ALSO
NOTES REFERENCES
EXTERNAL LINKS
|
|
|