|The neutrality of this article is disputed. Relevant discussion may be found on the talk page. Please do not remove this message until the dispute is resolved. (April 2014)|
|Related topics |
Under Islamic law, jizya or jizyah (Arabic: جزية ǧizyah IPA: ; Ottoman Turkish: cizye) is a per capita tax levied on a section of an Islamic state''s non-Muslim subjects, who meet certain criteria. The tax is and was to be levied on able-bodied adult males of military age (but with specific exemptions). From the point of view of the Muslim rulers, jizya was a material proof of the non-Muslims'' acceptance of subjection to the state and its laws. In return, non-Muslim subjects are permitted to practice their faith, to enjoy a measure of communal autonomy, to be entitled to the Muslim state''s protection from outside aggression, and to be exempted from military service and from the zakat tax levied upon Muslim citizens. The jizya continued to be applied in Persia and many North African countries into the 19th century, but almost vanished in the 20th century. The tax is no longer imposed by nation states in the Islamic world. However, armed groups such as ISIS enforce it in some areas they have captured. In the 21st century, it is widely regarded as being at odds with contemporary secular conceptions of citizen''s 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.Contents
In Arabic it means: "What is taken from the dhimmis, which is the amount of money agreed upon in the contract that gives the non-Muslim the Dhimmah status; and it''s derived from the act of the verb ''reward''; as if it (jizya) is a requital for not being killed.".
Commentators disagree on the definition and derivation of the word jizya:
According to Paul Heck, the concept of jizya taxation seems to be a developed form the Sassanian system of taxation.
After the Norman conquest of Sicily, taxes imposed on the Muslim minority were also called the "jizya".Qur''anic occurrence
|It has been suggested that At-Tawba 29 be merged into this article. (Discuss) Proposed since September 2014.|
The Arabic term jizya appears in the Qur''anic verse At-Tawba 29, which obliges Muslims to fight unbelievers "until they pay the Jizya with willing submission, and feel themselves subdued."Rationale See also: Dhimmi
Jizya has been rationalized as a fee in exchange for the dhimma, that is the permission to practice one''s faith with some communal autonomy, and to be entitled to Muslim protection. The second rationale offered is that the imposition of jizya on non-Muslims is similar to the requirement of Zakat from Muslims. Thirdly, jizya created a place for the inclusion of a non-Muslim dhimmi in a land owned and ruled by a Muslim, where routine payment of jizya was a tool of social stratification and treasury''s revenue. Finally, jizya served as a reminder of subordination of a non-Muslim under Muslims, and created a financial and political incentive for dhimmis to convert to Islam.
And al-Razi says in his interpretation of the quranic verse(9:29) in which the jizya was enacted:
The intention of taking the jizya is not to approve the disbelief of non-Muslims in Islam, but rather to spare their lives and to give them some time; in hope that during it; they might stop to reflect on the virtues of Islam and its compelling arguments, and consequently converting from disbelief to belief. That''s why it''s important to pay the jizya with humiliation and servility, because naturally, any sensible person cannot stand humiliation and servility. So if the disbeliever is given some time watching the pride of Islam and hearing evidences of its authenticity, and see the humiliation of the disbelief, then apparently this might carry him to convert to Islam, and that''s the main rationale behind the enactment of the jizya.
Many Muslim rulers saw jizya as a material proof of the non-Muslims'' acceptance of the authority of the Islamic state.Islamic law
Many scholars believe jizya is sanctioned by the Qur''an, the primary source of Islamic law, based on the following verse:
Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the jizya with willing submission, and feel themselves subdued.—Qur''an,
Since the verse does not define what jizya means, hadith texts that are needed to provide the definition. Not all scholar agree on the exact definition, most notably the Quranist scholars as they generally avoid hadith-inspired interpretation of the Qur''an.Hadith sources
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-Muslims who aggressed against the Muslims, until they accepted Islam or paid the jizya, Muhammad and a number of caliphs imposing jizya on non-Muslim residents of Islamic lands, and the eventual abolition of jizya by Jesus'' Second Coming.Sahih Bukhari
As Muslim army commanders expanded their empire and attacked countries in Asia, Africa and southern Europe, they would offer three conditions to their enemies: convert to Islam, or pay jizyah (tax) every year, or face war to death. Those who refused war and refused to convert were deemed to have agreed to pay jizya.Source of jizya tax
In early periods of Islam, jizya was applied to every free adult male non-Muslim. Slaves, women, children, the old, the sick, monks, hermits and the poor, were all exempt from the tax, unless any of them was independent and wealthy. Though there is no mention of any such exemptions in Sunni Islamic Law, or any example of exemptions being given by Prophet Muhammad or his companions. However, these exemptions were no longer observed during later periods in Muslim history, and discarded entirely by the Shāfi‘ī School of Law, which prevailed in Egypt, also in theory.
Though jizya was mandated initially for People of the Book, viz. adherents of other monotheistic faiths (Judaism, Christianity, Sabianism), under the Maliki school of Fiqh, jizya was extended to all non-Muslims. Thus some Muslim rulers collected jizya from Hindus and Sikhs under their rule.
Jizya tax had to be paid by each non-Muslim male in person, by presenting himself, arriving on foot not horseback, by hand, in order to confirm that he lowers himself to being a subjected one, accepts humiliation of having been conquered, willingly pays in gratitude for his life being spared in lieu of the taxes.Rate of jizya tax
By time of Mohammed, the jiyza rate was one dinar per year imposed on male dhimmis in Medina, Mecca, Khaibar, Yemen, and Nejran and maximum of twelve dirhams under Achtiname of Muhammad for Saint Catherine''s Monastery. Yusuf claims there was no amount permanently fixed for the tax, though the payment usually depended on wealth: the Kitab al-Kharaj of Abu Yusuf sets the amounts at 48 dirhams for the richest (e.g. moneychangers), 24 for those of moderate wealth, and 12 for craftsmen and manual laborers.
Other scholars claim the tax rates and amounts were fixed and strictly implemented. The rate of jizya and Kharaj tax, head tax and land tax respectively, exceeded 20% for all non-Muslims, and payable by new moon. In the western Islamic states, for dhimmis who were Christians and Jews of Egypt and Morocco, these taxes were often graded into three levels with minimum rate being 20% of all estimated assets and any sales. The highest rates ranged from 33% to 80% of all annual farm produce on land inside the Islamic empire. In the eastern Islamic states, for dhimmis who were Hindus and Jains, the tax structure were similar, with non-Muslims paying jizya and Kharaj tax rate at least twice the zakat tax rate paid by Muslims. The discriminatory and high tax rates led to mass civil protests of 1679 in India, these protests were crushed by Aurangzeb.
In return for the tax, those who paid the jizya were permitted to keep their religion, practice it in private without offending Muslims, but were not allowed to build new Churches, Synagogues or Temples. They were considered to be under the protection of the Muslim state, subject to their meeting certain conditions.Associated taxes with jizya
Along with jizya as head tax (sometimes called neck tax), non-Muslims were also required to pay Kharaj as land tax. This was levied on anyone who worked on land or owned property on land. Both jizya and kharaj were not payable by Muslims or if the non-Muslim converted to Islam.
Other taxes payable, by or from the property of non-Muslim subjects, along with jizya were fai, ghanima and ushur. Fai (sometimes spelled fay) was non-Muslim property seized by a Muslim official; the non-Muslim was sometimes allowed to reclaim the seized property by paying 100% of assessed value of the seized property. Ghanima was the 20% tax paid by the Muslim army commander on the booty and plunder collected from non-Muslims by force (anwatan) after a war or after the commander launched a raid against non-Muslim trade posts, temples, or caravans. The commander and his Muslim soldiers were entitled to keep 80% of the booty. Ushur (sometimes spelled ushr) was customs tax payable when people entered or exited the borders of an Islamic state. Non-Muslims paid twice the rate than Muslims on assessed value of property in possession of the transiting person. This was in addition to the jizya.
Jizya and other associated taxes were payable by sedentary non-Muslim populations. Sadaqa was a tax levied on nomadic people, instead of jizya. There is some controversy is sadaqa was mandatory or voluntary.Use of jizya tax
Jizya is considered as one of the basic Tax revenue, and will be collected to the Public Treasury or Bayt al-Mal, Thus By the time of Caliph Umar, the poor Non-Muslim would be given charity from Bayt al-Mal, same incident also recorded between Khalid ibn Walid with the people of Al-Hirah, Khalid stated that any aged person who was weak,had lost his or her ability to work,fallen ill,or who had been rich but became poor, would be exempt from jiyza and his or livelihood and the livelihood of his or her dependents would be met by Bayt al-Mal.History
Taxation from the perspective of people who came under the Muslim rule, was a concrete continuation of the taxes paid to earlier regimes, but now lower under the Muslim rule and from the point of view of the Muslim conqueror was a material proof of the payer''s subjection to the state and its laws. In Ottoman Hungary the tax was known as jizzye (Hungarian: harács).According to Bat Ye''or, this fiscal policy in the forms of jizya, kharaj was a primary cause for the disappearance of dhimmi populations through conversion to Islam or flight.During Muhammad''s Era
Jizya was levied in the time of Muhammad on vassal tribes under Muslim control and protection, including Jews in Khaybar, Christians 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.
Three military campaigns during Muhammad''s era culminated with the agreement requiring the new non-Muslim subjects to pay jizya, in return for Muslim protection: Battle of Khaybar and the expedition of Abdur Rahman bin Auf. During the Invasion of Banu Qaynuqa, Muhammad reportedly asked the Jews to pay the tribute (jizyah), but they refused and instead taunted Muhammad by claiming his God is poor. Islamic tradition says that the Quran verse was revealed because of the comments. The verse states not to take non-Muslims as "Bitanah", which has been interpreted as meaning, advisors, consultants, protectors, helpers and friends.Early Islam and the Rashidun Caliphate
The history of the origins of the jizya is considered to be extremely complex, according to the Encyclopaedia of Islam. This is attributed to three reasons:
|This article''s factual accuracy is disputed. Please help to ensure that disputed statements are reliably sourced. See the relevant discussion on the talk page. (May 2008)|
Following his migration to Medina, Muhammad drafted a document, known as the Constitution of Medina, which codified the rights and duties among Medina''s communities, including the Jews and Muslims. According to F. E. Peters, the Jewish tribes of Medina rejected Muhammad''s claim to be a prophet, and secretly liaised with Muhammad''s enemies in Mecca to overthrow him.
Prompted by what he saw as their treasonous behavior, Muhammad''s ensuing reaction — in contrast to his treatment of Jews outside of Medina — was determined and progressively more violent. After each major battle against Mecca, the Jewish tribes of Medina were accused of treachery. Having broken the terms of their compliance to Muslim rule, the Jewish tribes of Medina were first banished, then enslaved and finally part of the community was executed en masse.
Moshe Gil writes that during the Tabuk campaign however, Muhammad altered his policies towards Jewish and Christian communities by offering them protection in exchange for certain promises as evidenced from the Qur''an. In this new policy, Gil sees a "paradigm" shift occurring in the treaties and letters of security that future Muslim leaders issued to conquered peoples. These letters of protection were sent to several of these towns, asking them to pay taxes (jizya) and to agree not to maintain military forces in return for protection by Muslim forces (dhimma).
Under Caliph Umar the Zoroastrian Persians were given People of the Book status, and jizya was levied on them. Christian Arab tribes in the north of the Arabian Peninsula refused to pay jizya, but agreed to pay double the amount, and calling it sadaqa, a word meaning "alms" or "charity". According to Yusuf al-Qaradawi the name change was done for the benefit of the Christian tribesmen, "out of consideration for their feelings".
Fred Donner, 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.Devşirme was a form of human jizya (blood tax), paid by non-Muslim subjects of the Ottoman Empire.
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".
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.”
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.
In Khurasan, the local aristocracy lowered the jizya, and increased taxation of the Muslim subjects, in order to prevent the non-Muslim conversion to Islam that jizya encouraged.Mughal Empire
In India, Islamic rulers imposed jizya starting in the 11th century. It was abolished by Akbar. However, Aurangzeb, the sixth prominent Mughal Emperor, levied jizya on his mostly Hindu subjects in 1679. Reasons for this are cited to be financial stringency and personal inclination on the part of the emperor, and a petition by the ulema. His subjects were taxed in accordance with the property they owned. Government servants were exempt, as were the blind, the paralysed, and the indigent. Its introduction encountered much opposition, which was, however, overborne. Certain historians are of the view that the tax was aimed at forcibly converting Hindus to Islam.Nineteenth and twentieth centuries
In Persia, jizya was paid by Zoroastrian minority until 1884, when it was removed by pressure on the Qajar government from the Persian Zoroastrian Amelioration Fund.
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 Mellah gate and had summoned the Jews in order to collect from them the poll tax which they are obliged to pay the sultan. They had me summoned also. I first inquired whether those who were European-protected subjects had to pay this tax. Having learned that a great many of them had already paid it, I wished to do likewise. After having remitted the amount of the tax to the two officials, I received from the kadi’s guard two blows in the back of the neck. Addressing the kadi and the kaid, I said” ‘Know that I am an Italian protected subject.’ Whereupon the kadi said to his guard: ‘Remove the kerchief covering his head and strike him strongly; he can then go and complain wherever he wants.’ The guards hastily obeyed and struck me once again more violently. This public mistreatment of a European-protected subject demonstrates to all the Arabs that they can, with impunity, mistreat the Jews.
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 (these three dates coincide with the French colonization of these countries).
It is important to note that in the Ottoman Empire the "jizya" was abolished in 1856. It was replaced with a new tax, which non-Muslims paid in lieu of military service. It was called "baddal-askari" (Arab. Military substitution), a tax exempting Jews and Christians from military service. The Jews of Kurdistan, according to the scholar Mordechai Zaken, preferred to pay the "baddal" tax in order to redeem themselves from military service. Only those incapable of paying the tax were drafted into the army. Interestingly, Zaken shows that paying the tax was possible to an extent also during the war. Zaken shows that some Jewish individuals paid 50 gold liras every year during World War I. Apparently - according to Dr. Zaken - "in spite of the forceful conscription campaigns, some of the Jews were able to buy their exemption from conscription duty." Based on the testimonies of several Kurdish Jews, Zaken came to the conclusion that the payment of the "baddal askari" during the war was a form of bribe that bought them only a brief relief from military service. "It may have been a deferment of the military service for a one year period or shorter."
In the mid 20th century, Hindus in British India who had been forcibly converted to Islam were forced to pay jizya to the Muslim League, particularly during the Noakhali genocide.Twenty-first century
As late as 2013, in Egypt jizya was reportedly being imposed by the Muslim Brotherhood on 15,000 Christian Copts of Dalga village.
The jizya poll tax is no longer imposed in the Islamic world. In the 21st century, jizya is widely regarded as being at odds with contemporary secular conceptions of citizen''s 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 a group of militants that referred to themselves as the Taliban imposed the jizya on Pakistan''s minority Sikh community after occupying some of their homes and kidnapping a Sikh leader.
In 2014, the Islamic State of Iraq and the Levant (ISIL) announced that it intended to extract jizya from Christians in the city of Raqqa, Syria, which it controls. Christians who refused to pay the tax would have to either convert to Islam or die. Wealthy Christians would have to pay the equivalent of USD 664 twice a year; poorer ones would be charged one-fourth that amount. In June, the Institute for the Study of War reported that ISIL claims to have collected jizya and fay.Comparison between Zakat and Jizya Further information: Zakat
|obligatory upon Muslims||obligatory upon Dhimmis|
|Zakat is obligatory if a Muslim''s income and net worth of assets exceeded the Nisab (excess of certain basic amount)||Jizya is obligatory on a Dhimmi''s regardless of income or wealth; no minimum (Nisab) to determine Jizya|
|only payable on income and on assets continuously owned over one lunar year that are in excess of the Nisab; to be paid on day of harvest (income)||payable on all assets and income, paid yearly or quarterly regardless to Nisab.|
|the amount of Zakat paid was specified by Sharia||the amount paid was not specified by Sharia.; by the time of the Prophet, at least one gold Dinar and 12 Dirhams; later on, these taxes were often graded into three levels with minimum rate being 20% of all estimated assets and any sales. The highest rates ranged from 33% to 80% of all annual farm produce on land inside the Islamic empire.|
|paid only by the owner of the assets himself/herself||paid by all able-bodied adult males of military age and affording power|
|should be paid seeking God''s pleasure||to enjoy a measure of communal autonomy, to be entitled to the Muslim state''s protection from outside aggression.|
Critics often cite jizya as a form of discrimination, persecution and oppression in Islamic law.
Supporters argue that it is fair, since all Muslims are obliged to pay Zakat. While the tax rate and nature of zakat and jizya were different, supporters often cite jizya as a form of protection money and a religious requirement against non-believers in Islam per Sharia.
In practice, however, Timothy H. Parsons states that during the early caliphate, non-Muslims had to pay the kharaj. The sum of the jizya and kharaj taxes levied on non-Muslims were considerably larger than the zakat tax on Muslims and conversion generally brought tax relief. Some evidence suggests that the jizya was sometimes double the Zakat; for example, the Hedaya (Guide on Mussalman Law), an Islamic legal text, declared it lawful to require twice as much of a Zimmee (dhimmi) as of a Mussulman (Muslim).