Rape in Islamic Law and Jizyah: Difference between pages

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{{QualityScore|Lead=4|Structure=4|Content=4|Language=4|References=4}}Rape, known in [[Islamic law]] as ''zina bil-ikrah'' or ''zina bil-jabr'' (literally "[[Zina|fornication]] by force"), is generally defined by Muslim jurists as forced intercourse by a man with a [[Islam and Women|woman]] who is not his wife or [[Slavery|slave]] and without her consent. The consent of a slave for sex, for withdrawal before ejaculation or to marry her off to someone else was not considered necessary, historically.<ref>{{Cite web|first=Kecia |last=Ali  | year= 2017 |url=https://journal.umy.ac.id/index.php/jmh/article/download/271/234| title=Concubinage and Consent|publisher=Cambridge University Press}}</ref> As with enslaved females, according to Islamic law, married women are required to oblige their husbands sexual advances - raping one's slave or wife is permissible.<ref>{{Cite journal|first=Muh Endriyo |last=Susila  | year= 2013 |url=https://journal.umy.ac.id/index.php/jmh/article/download/271/234| title=Islamic Perspective on Marital Rape |issue=2|volume=20|publisher=Jurnal Media Hukum, p.328}}</ref> The concept of "rape" is thus deemed to be equally non-existent in the contexts of both marriage and slavery.
{{QualityScore|Lead=3|Structure=4|Content=3|Language=3|References=3}}'''Jizyah''' or '''jizya''' (جزية) is the extra, lunar-yearly tax<ref> Lewis B, Pellat, Ch, Schacht J,, 1991, , "Djizya," THE ENCYCLOPAEDIA OF ISLAM vol II Madison, E.J. Brill, Leiden, Netherlands, p.561</ref> imposed on non-Muslims ([[Qur'an, Hadith and Scholars:Dhimmitude|Dhimmis]]) who live under Muslim rule according to the [[Qur'an]] and [[hadith]] (quotes can be found at [[Qur'an, Hadith and Scholars:Jizyah]]). It is the the linchpin of the system of religious apartheid and Islamic supremacism which is the [[dhimma]]. Its payment is both a payment for the cessation of the state of [[Jihad]] upon the dhimmi, as well as a sign of the humiliation and degradation of the dhimmi before the authority of Islamic religion. The jizya itself was only one of many special taxes paid by non-Muslims to their Muslim governments, but amongst them it is the only one which was specifically delineated in the [[Qur'an]]. Other taxes on non-Muslims such as the ''kharaaj'' were often equated with and sometimes used interchangeably with the word ''jizya'' in Arabic and other languages of Islamic empires. Unlike with the other taxes, various other traditions of humiliation and abuse accompanied the jizya; the dhimma was required to pay it عن يد "''<nowiki/>'an yadin''" that is "by hand" and صاغرون "''saaghiruun''" that is "humiliated/lowered/in subjugation." As such the traditional mufassirun have decreed that while paying the tax the dhimmi must receive blows about the head and/or neck from the Muslim collecting it to symbolize his humiliated state, and Islamic fuqahaa' (legal scholars) throughout the ages have reiterated the legislation of this humiliating practice throughout the ages. Upon payment of the tax the dhimmi would receive a receipt of payment, either in the form of a piece of paper or parchment or as a seal humiliatingly placed upon their neck, and was thereafter compelled to carry this receipt wherever he went within the realms of Islam. Failure to produce an up-to-date jizya receipt on the request of a Muslim could result in death or forced conversion to Islam of the dhimmi in question <ref> Yeʼor., B., 2011. The decline of Eastern Christianity under Islam. Madison, NJ: Fairleigh Dickinson University Press, p.79 </ref>.  


A small number of hadiths are cited to support the Islamic punishments for rape. These narrations relate to the rape of free women and of female slaves who are not owned by the perpetrator. However, the Qur'an, on numerous occasions, permits Muslim men to have sexual relations with their own female slaves (famously referred to as "what your right hand possesses"), often in conjunction with the commandment for men to keep otherwise chaste. In addition, there are narrations in which female captives were raped prior to being ransomed back to their tribe.
==Definition==


The male rapist may be punished with a hadd penalty - [[stoning]] (if he is [[Marriage|married]]) or lashings (if he is unmarried) - just as he would receive for ordinary [[Zina]] (fornication, or unlawful intercourse). There is no punishment for the rape victim if she is able to prove that she was raped. Four witnesses are required to prove that she was raped.<ref>{{Cite book|first=R. |last= Peters | year= 2012 | title=Encyclopaedia of Islam | edition= 2nd|publisher=Brill |editor=P. Bearman |editor2=Th. Bianquis |editor3=C.E. Bosworth |editor4=E. van Donzel |editor5=W.P. Heinrichs|chapter=Zinā or Zināʾ}}</ref><ref>{{Quran|24|4}}</ref> Jurists disagree on whether the rapist must also pay a dowry as compensation to the victim. A controversial position of some modern jurists is that the hadd penalty for outlaws should apply to rapists (hadd ''Hirabah''), described in {{Quran|5|33}}. Others say that rape can be treated by the judge as an offence that receives Tazir (discretionary) punishment (as in Pakistan, for example). These approaches avoid the impractical four witnesses requirement for applying a zina hadd penalty in absence of a confession from a rapist. In some other modern courts a woman risks being accused of zina if she cannot prove to this standard that she has been raped<ref>Dr Azman Mohd Noor, [http://irep.iium.edu.my/16877/1/PUNISHMENT_FOR_RAPE_IN_ISLAMIC_LAW.pdf Punishment for rape in Islamic Law], Malayan Law Journal Articles [2009] 5 MLJ cxiv</ref> and the rapists go unpunished.<ref>{{Citation|url=https://www.dawn.com/news/1016271/a-license-to-rape|title=A license to rape|author=Murtaza Haider|publication-date=June 5th, 2003|newspaper=Dawn}}</ref>
The jizya's origin is found in the Qur'an:  


Kecia Ali, Associate professor of religion, Boston University (a Muslim convert) says regarding sex with slaves: "For premodern Muslim jurists, as well as for those marginal figures who believe that the permission [for slavery] still holds, the category “rape” doesn’t apply: ownership makes sex lawful; consent is irrelevant."<ref>{{Citation|url=http://www.huffingtonpost.com/kecia-ali/islam-sex-slavery_b_8004824.html|title=The Truth About Islam and Sex Slavery History Is More Complicated Than You Think|author=Kecia Ali|publication-date=August 19th, 2016|archiveurl=http://www.webcitation.org/6yjfMCtwF|newspaper=Huffington Post}}</ref> Dr. Jonathan Brown, Associate Professor and Chair of Islamic Civilization at Georgetown University (also a Muslim convert) has made similar comments.<ref>"In the case of a slave-concubine, consent was irrelevant because of the master's ownership of the woman in question" Brown, J.A.C. "Slavery & Islam", Chapter 7, London: Oneworld Publications, 2019</ref><ref>"'slave rape' is a tough term to decipher from a Shariah perspective. A male owner of a female slave has the right to sexual access to her. Though he could not physically harm her without potentially being held legally accountable if she complained, her 'consent' would be meaningless since she is his slave." [https://np.reddit.com/r/islam/comments/3h1abm/this_is_dr_jonathan_brown_professor_at_georgetown/cu3dkhd/ Comment by Dr. Jonathan AC Brown on his Reddit AMA session], 2016 [http://www.webcitation.org/6yjfiW2ch Archive]</ref>
{{Quote|{{Quran|9|29}}|Fight those who believe not in Allah nor the Last Day, nor hold forbidden that 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 Jizyah with willing submission, and feel themselves subdued.}}


==Rape in the Qur'an==
The text is clear that the tax is a sign of their submission to the Muslims. Its role is thus not only fiduciary but also social; it is a sign of vilification and humiliation which the person of the book under Muslim rule (id est, the [[Dhimmia|dhimmi]]) must suffer as the price for the right to live under Muslim rule. The Arabic text is specific that the dhimmi must pay the jizya عن يد "'an yadin" that is "by hand" and صاغرون "saaghiruun" that is humiliated and lowered.


There is no equivalent term for ‘[[rape]]’ in the [[Qur'an]]. And while chastity is encouraged as a virtue, it is frequently commanded alongside the recurring exception "except from their wives or those their right hands possess" (see [[Rape in Islamic Law#Verses 23:1-6|Qur'an 23:1-6]]), encouraging men to pursue their sexual ends with those legal to them (their wives and slaves). There is no verse in the Qur'an which explicitly discourages ''forced'' sex.
The institution of the [[dhimma]] and its linchpin the jizya is in Islamic [[fiqh]] part and parcel to the larger theory of [[Jihad in Islamic Law]]. Paying the tax is one of the three choices that Muslims imams (leaders) are to offer infidels before declaring jihad upon them:


[[Surah]] 4 is one of the surahs which discusses which women are lawful and forbidden to Muslim men. While the relevant verses in this surah, like much of the substantive content of the Qur'an, can border on the unintelligible in the absence of considerable context, the authoritative [[Tafsir]]s (Qur'an exegeses) and [[Sahih]] (authentic) [[Hadith]]s ([[Muhammad|prophetic]] narrations) associated with these verses have together worked to standardize the Islamic interpretive and legal tradition to some extent. Although the contents of the Qur'an are deemed theologically prior to the hadiths and especially the manmade tafsirs, independent and especially novel interpretations of the Qur'an that flaunt hadith and tafsir tradition are not accepted, particularly when such an interpretation results in a divergent meaning.
{{Quote|Khalid bin Al-Waheed (Muslim General, 632AD)|"I call you to God and to Islam. If you respond to the call, then you are Muslims:  You obtain the benefits they enjoy and take up the responsibilities they bear.  If you refuse, then you must pay the jizyah.  If you refuse the jizyah, I will bring against you tribes of people who are more eager for death than you are for life. We will then fight you until God decides between us and you." (Al Tabari, Volume XI)}}


===Qur'an 4:24 - rape of slaves and captives who were previously married===
{{Quote|Umar ibn al-Khattab during the conquest of al-Basrah (636 CE)|Summon the people to God (''id est to convert to Islam''--WikiIslam Editor); those who respond to your call, accept it from them, but those who refuse must pay the poll tax out of humiliation and lowliness. If they refuse this, it is the sword without leniency. Fear God with regard to what you have been entrusted. (Al Tabari, Volume XII)}}


{{Quote|{{Quran-range|4|23|24}}|Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers (Who gave you suck), foster-sisters; your wives' mothers; your step-daughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time, except for what is past; for Allah is Oft-forgiving, Most Merciful;-'''Also (prohibited are) women already married, except those whom your right hands possess''': Thus hath Allah ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property,- desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree Mutually (to vary it), there is no blame on you, and Allah is All-knowing, All-wise.}}
Once a land is conquered by Islamic armies the ruler must impose a taxation on those non-Muslims who will not convert to [[Islam]].  


This verse indicates that Muslims are permitted to marry those whom their right hands possess (female [[Slavery|slaves]]) who already have husbands, so long as the dower is paid. Other verses show that slave owners did not even have to marry their slaves in order to have intercourse with them (See the section below [[Rape_in_Islamic_Law#Freedom_and_marriage_as_a_universal_requirement| Freedom and marriage as a universal requirement]]).
{{Quote|Abu Yusuf Ya’kub, 189, Le Livre de l’Impôt Foncier (Kitab al-Kharadj), trans. and annotated by E. Fagnan (Paris: Paul Geuthner, 1921), English quotation in Ye’or, The Dhimmi 165|But I thought that we had nothing more to conquer after the land of Kesra [Persia], whose riches, land, and people Allah has given us. I have divided the personal possessions among those that conquered them after having subtracted a fifth, which under my supervision was used for the purpose for which it was intended. I thought it necessary to reserve the land and its inhabitants, and levy from the latter the kharaj by virtue of their land, and the capitation [jizya] as a personal tax on every head, this poll tax making up a fay in favor of the Muslims who have fought there, of their children and of their heirs.}}


Sahih hadiths in Muslim and Abu Dawud detail the nature of the permission granted by this verse: some of Muhammad's fighters were reluctant to have sexual contact with female captives who were already married to the [[Kafir (Infidel)|un-believing]] men of the defeated party.


{{Quote|{{Abu Dawud||2155|darussalam}}|Abu Sa’id Al Khudri said “The Apostle of Allah(ﷺ) sent a military expedition to Awtas on the occasion of the battle of Hunain. They met their enemy and fought with them. They defeated them and took them captives. '''Some of the Companions of Apostle of Allah (ﷺ) were reluctant to have relations with the female captives because of their pagan husbands.''' So, Allah the exalted sent down the Qur’anic verse “And all married women (are forbidden) unto you save those (captives) whom your right hand posses.” This is to say that they are lawful for them when they complete their waiting period.}}The hadith in Sahih Muslim is found in a chapter dedicated to the topic; the chapter is entitled "Chapter: It is permissible to have intercourse with a female captive after it is established that she is not pregnant, and if she has a husband, then her marriage is annulled when she is captured".<ref>{{Citation|chapter=(9) Chapter: It is permissible to have intercourse with a female captive after it is established that she is not pregnant, and if she has a husband, then her marriage is annulled when she is captured|title=Sahih Muslim (Book of Suckling)|url=https://sunnah.com/muslim/17}}
Jizyah is paid as a sign of submission and humiliation and gives Dhimmis some legal protection in return. Under dhimmitude (the status that [[Islamic law]], the Sharia, mandates for non-Muslims) Dhimmis usually are not allowed to carry arms to protect themselves, serve in the army or government, display symbols of their faith, build or repair places of worship etc. Further stipulations can include the requirement for dhimmis to dress differently, live in inferior houses, use inferior transport, and oblige themselves to the feeding and housing of Muslims as needed. If the conquered do not wish to pay or convert, their fate may very well be slavery (under which, [[rape]] is permitted) or (as evidenced in the quotes above) death.  


See the three hadiths it contains: {{Muslim|8|3432|}}, {{Muslim|8|3433|}}, and {{Muslim|8|3434|}}</ref>{{Quote|{{Muslim|8|3432}}|Abu Sa'id al-Khudri (Allah her pleased with him) reported that at the Battle of Hanain Allah's Messenger (ﷺ) sent an army to Autas and encountered the enemy and fought with them. Having overcome them and taken them captives, the Companions of Allah's Messenger (may peace te upon him) seemed to refrain from having intercourse with captive women because of their husbands being polytheists. Then Allah, Most High, sent down regarding that:
The amount of the Jizyah tax was based on income <Ref> Ye'or, Bat ''The Decline of Eastern Christianity Under Islam: From Jihad to Dhimmitude'' Cranbury, New Jersey, USA, Associated University Press, 1996, 77</Ref> and the way it was collected varied from time to time and from place to place, but when imposed, the forced payment of Jizyah greatly stimulated the conversion of non-Muslims into Islam.<ref>[http://concise.britannica.com/ebc/article?tocId=9368576 Jizya] - Encyclopedia Britannica</ref> In some cases the taxation of the non-Muslims was so profitable that some Islamic rulers discouraged their subjects from converting to Islam, lest they should lose their income.<ref>Hawting, G.R. ''The First Dynasty of Islam: The Umayyad Caliphate AD 661-750''. Routledge. p. 77. ISBN 0-415-24073-5.</ref>


'''"And women already married, except those whom your right hands possess (iv. 24)"''' (i. e. they were lawful for them when their 'Idda [waiting] period came to an end).}}Ibn Kathir, the most prominent of all Qur'an interpreters, had this to say in regards to verse 4:24:
==Historical Precedents and Influences==


{{Quote|1=[https://tafsir.app/ibn-katheer/4/24 Tafsir Ibn Kathir 4:24]|2=The Ayah means 'also [forbidden are] women already married, except those whom your right hands possess'. You are prohibited from marrying women who are already married, except those whom your right hands possess, except those whom you acquire through war, for you are allowed such women after making sure they are not pregnant [that is, upon the completion of the "iddah" waiting period]. Imam Ahmad recorded that Abu Sa`id Al-Khudri said, "We captured some women from the area of Awtas who were already married, and we disliked having sexual relations with them because they already had husbands. So, we asked the Prophet about this matter, and this Ayah (verse) was revealed, 'Also (forbidden are) women already married, except those whom your right hands possess'. Accordingly, we had sexual relations with these women. [literally: 'as a result of these verses, their (Infidels') wives have become lawful for us']" This is the wording collected by At-Tirmidhi An-Nasa'i, Ibn Jarir and Muslim in his Sahih.}}
Jizyah was not entirely an Islamic initiative or the innovation of its prophet [[Muhammad]]. A certain form of Jizyah had existed among the tribes of Northern Arabia in pre-Islamic times. This fact is attested by the famous historian Philip. K. Hitti in his ''History of Arabs''. ''Ghazw'' (غزو) or raiding others for feeding mouths was an accepted norm among the Bedouin tribes of that time. As ''Hitti'' noted, "Ghazw was a manly occupation of Bedouins where fighting mood was a chronic mental condition". For people among the tribes, everything that belonged to the other tribes guaranteeing material gain made a legitimate target. The context made it necessary for a weaker tribe or a sedentary settlement on the borderland to buy protection from the stronger tribe by paying what it then called ''Khuwwah'' which later became Jizyah in Muhammad’s Islam. Along with the booty acquired through raids and wars, Jizyah turned out to be a good source of income for believers.


Similarly in Tafsir al-Jalalayn (Qur'an interpretation by two Jalals namely: Jalaluddin Mahalli and Jalaluddin Suyuti, both authorities):
==The Jizya Verse and Commentary==


{{Quote|1=[https://tafsir.app/jalalayn/4/24 Tafsir al-Jalalayn 4:24]|2=And, forbidden to you are, wedded women, those with spouses, that you should marry them before they have left their spouses, be they Muslim free women or not; save what your right hands own, of captured [slave] girls, whom you may have sexual intercourse with, even if they should have spouses among the enemy camp, but only after they have been absolved of the possibility of pregnancy [after the completion of one menstrual cycle]; this is what God has prescribed for you.}}
The jizya is meant both as a means of exploiting the dhimmi community, and as method of humiliating them, as ibn Kathir makes clear in his tafsir on the jizya verse from surat-at-Taubah:


Some early Muslim scholars held that slave marriages, whether between slaves or between a slavewoman and her master, are disolved when ownership is transferred because two men cannot have licit access to the same woman. Later, a concensus emerged that the marriage and licit sexual access remains between the slave woman and her husband on transfer of ownership unless he relinquishes it, whatever his status (for example, by offering him money to divorce her).<ref>Kecia Ali, "Marriage and Slavery in Early Islam", Massachussets: Harvard University Press, 2010, pp. 154-160</ref>


{{Quote|Tafsir of Ibn Kathir on Qur'an 9:29|2=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.}}


===Qur'an 23:1-6 & 70:29-30===
The jizyah is a sign of how miserable the dhimmis are, and as such good Muslims should avoid contact with them. Its function is thus not only to fill the coffers of the Islamic state, but also to seperate the Muslims from the dhimmis by way of the humiliation and villification of the later. In order that the seperation be maintained, the system of the [[dhimma]] includes many discriminatory laws meant to visual mark the dhimmis as different from the Muslims. In addition, the dhimmi is required to keep the receipt of his payment of the jizya at all times and to provide it upon request to Muslim officials. Failure to produce the receipt of payment for the jizya could result in fines, imprisonment, or even death depending on the time period and place of the infraction.


Several other verses in the Qur'an mention sexual relations with slaves as a category distinct from wives, making it clear that sexual relations with female slaves are permitted without marrying the slave first. For example, Surah 23 makes mention of successful Muslims and their characteristics:
==Approval from Islamic Scholars==


{{Quote|{{Quran|23|1-6}}|Certainly will the believers have succeeded: They who are during their prayer humbly submissive And they who turn away from ill speech And they who are observant of zakah '''And they who guard their private parts Except from their wives or those their right hands possess''', for indeed, they will not be blamed}}
{{Quote|Sheikh Muhammed Salih Al-Munajjid|The Muslims do not fight anyone until they have told them about the religion of Allaah and given them the choice between two things, either accepting Islam or, if they refuse Islam and keep their own religions, paying the Jizyah (tax) to the Muslims in return for protection. If they refuse both of these choices, then they are to be fought.|}}


The instruction to "guard [one's] private parts" is the Qur'an's standard manner of commanding chastity. What one's "right hand possesses" is likewise the Qur'an's standard manner of referring to one's slaves. Successful believers are those who engage in sexual activities only with their wives and slaves.  
{{Quote|Ahkaam al-Sijn wa’l-Sujana’ wa Mu’aamalat al-Sujana’ fi’l-Islam by Hasan Abi’l-Ghuddah, 256|If some people persist in rejecting the religion of Allaah and stand in the way of ruling by that which Allaah has revealed on earth, or they fight against the call to Allaah, then we give them the choice of three things: Either they become Muslim; or if they refuse they pay the jizyah (whereby they pay a specified amount to the Muslims in return for being allowed to remain their land, and the Muslims undertake to protect them); or, if they refuse that, there is nothing left but the way which they themselves have chosen, which is fighting and dealing violently with those who have persecuted the Muslims and put obstacles in the path of the Islamic da’wah. In this way the Muslims will gain the upper hand and the enemies will be humiliated; then when we have killed and wounded many of them and gained the upper hand over them, we may take prisoners and bind a bond firmly on them.|}}


The same idea reoccurs in surah 70:
Saudi Sheikh Muhammad bin Abd Al-Rahman Al-'Arifi, Imam of the mosque of King Fahd Defense Academy, imagines the coming Muslim conquest of the Vatican:
{{Quote|Saudi Sheikh Muhammad bin Abd Al-Rahman Al-'Arifi|"… We will control the land of the Vatican; we will control Rome and introduce Islam in it. Yes, the Christians, who carve crosses on the breasts of the Muslims … will yet pay us the Jiziya [poll tax paid by non-Muslims under Muslim rule], in humiliation, or they will convert to Islam…"<ref>[http://www.frontpagemag.com/Articles/ReadArticle.asp?ID=17710 The Next Pope and Islamic Prophecy] frontpagemag.com</ref>}}


{{Quote|{{Quran|70|29-30}}|'''And those who guard their private parts, Except from their wives or those their right hands possess''', for indeed, they are not to be blamed}}
{{Quote|[http://www.kalamullah.com/Books/MILESTONES.pdf  Milestones (Ma'alim 'ala Al-Tariq) p.73]<BR>Sayyid Qutb|"It may happen that the enemies of Islam may consider it expedient not to take action against Islam, if Islam leaves them alone in their geographical boundaries to continue the lordship of some men over others and does not extend its message and its declaration of universal freedom within their domain.  But Islam cannot agree to this unless they submit to its authority by Jizyah..."}}


==Rape in the hadiths==
{{Quote|1=[http://www.englishtafsir.com/Quran/9/index.html#sdfootnote29sym Commentary on Qur'an Chapter 9:29]<BR>Sayyid Abul Ala Maududi, Tafhim al-Qur'an|2=This 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...
Scenes of Muhammad's companions, and indeed Muhammad himself, engaging in sexual activity with slaves and captives are common throughout hadith literature. While the female perspective is largely absent, leaving the reader to speculate as to whether the female slave or captive would have been receptive to the advances of Muhammad and his companions, it is fair to assume that in at least some (if not most or indeed all) of these cases, the sexual activity occurred without the female's consent and thus qualified as rape. This is particularly clear in the examples that follow where Muhammad's companions initiate sexual contact with the captive women shortly after having slayed their sons, husbands, fathers, and brothers. At the very least, it can be said that in no such case does Muhammad intervene in and that in all such cases he actively permits what, by all appearances, is an instance of his companion's raping a captive or slave.


===Muhammad has intercourse with his slave girl Maria bint Sham'un===
[The Islamic State] 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.  
Muhammad had a child with a slave girl of his known as [[w:Maria_al-Qibtiyya|Maria the Copt]], who was a gift to him from the Governor of Alexandria. In a hadith from Sahih Muslim, a phrase translated as "slave girl" is, in the orignal Arabic, umm walad (أُمِّ وَلَدِ) (literally: "mother of the child") and is the title given to a slave concubine who bore her master a child.


{{Quote|{{Muslim|37|6676}}|Anas reported that '''a person was charged with fornication with the slavegirl of Allah's Messenger''' (ﷺ). Thereupon Allah's Messenger (ﷺ) said to 'Ali:
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.}}


Go and strike his neck. 'Ali came to him and he found him in a well making his body cool. 'Ali said to him: Come out, and as he took hold of his hand and brought him out, he found that his sexual organ had been cut. Hadrat 'Ali refrained from striking his neck. He came to Allah's Apostle (ﷺ) and said: Allah's Messenger, he has not even the sexual organ with him.}}
==Jizyah in History==


The following hadith is graded Sahih by Dar-us-Salam:
{{Quote|1=[http://web.archive.org/web/20050625084731/http://www.turkishweekly.net/articles.php?id=68 The Historical Roots of Islamic Militancy in Pakistan and current scenario: Amicus]<BR>Mohammed Yousuf, Journal of Turkish Weekly, May 19, 2005|2=Not only Alamgir compiled Fatawa-u-Alamgiri, he re-imposed jizya (a tax on non-Muslims for protection under Muslim rule) that had been suspended by Akbar, destroyed some unauthorized temples and checked proselytizing activities of the Hindus.}}


{{Quote|{{Al Nasai||4|36|3411}}|It was narrated from Anas, that '''the Messenger of Allah had a female slave with whom he had intercourse''', but 'Aishah and Hafsah would not leave him alone until he said that she was forbidden for him. Then Allah, the Mighty and Sublime, revealed:
{{Quote|[http://www.himalmag.com/apr2001/commentary.html Idolatry and the Taliban]|Once Muhammad Bin Qasim had established himself in Sindh he sent a letter to the Muslim Caliph in Damascus, seeking instruction as to how he should deal with the Hindus and Buddhists of the conquered area. The reply came that they be treated in accordance with the Quranic commandments relating to the People of the Book (Ahl-i-Kitab), the Jews and the Christians. Accordingly, the Buddhists and the Hindus of Sindh were to be given full freedom to practise their faiths, and their lives and property, including temples, were to be protected. In return, they were to pay a tax, the jizya. The old, the sick, children and priests were to be exempted from the tax. The non-Muslims were not obliged to perform military service, unlike the Muslims. Following these dictates, Muhammad Bin Qasim thus set a precedent which several other Muslim rulers after him followed.}}


"O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you.' until the end of the Verse.}}
The Ottoman empire imposed jizya on its Jewish and Christian subjects. Jizya collected from these communities was one of the main sources of income of the Ottoman treasury.<ref>Oded Peri; Gilbar (Ed), Gad (1990). ''Ottoman Palestine, 1800-1914 : Studies in economic and social history''. Leiden: E.J. Brill. p. 287. ISBN 978-90-04-07785-0. "The jizya was one of the main sources of revenue accruing to the Ottoman state treasury as a whole."</ref> The empire abolished it in 1856, but this action was dubbed as "cosmetic" because they replaced it with ''bedel-i askeri'', a tax on non-Muslims in return for their exemption from military services.<ref>Stillman, Norman. The Jews of Arab lands: a history and source book. p. 97. ISBN 978-0-8276-0198-7.</ref><ref>Gribetz, Jonathan Marc. ''Defining Neighbors: Religion, Race, and the Early Zionist-Arab Encounter''. Princeton University Press. 22-09-2014. ISBN 140085265X.</ref>


Tafsir al-Jalalayn says of the verse referred to in this hadith:
==Jizyah in the Modern World==


{{Quote|1=[https://tafsir.app/jalalayn/66/1 Tafsir al-Jalalayn 66:1]|2=O Prophet! Why do you prohibit what '''God has made lawful for you''' in terms of '''your Coptic handmaiden Māriya''' — when he lay with her in the house of Hafsa who had been away but who upon returning and finding out became upset by the fact that this had taken place in her own house and on her own bed — by saying ‘She is unlawful for me!’ seeking by making her unlawful for you to please your wives? And God is Forgiving Merciful having forgiven you this prohibition.}}
{{Quote|1=[http://chiesa.espresso.repubblica.it/dettaglio.jsp?id=44202&eng=y The Mayor of Bethlehem is Christian, but It’s Hamas That’s in Charge]<BR>Sandro Magister, Chiesa News, December 29, 2005|2=The general plan of Hamas also includes the imposition of a special tax, called al-jeziya, upon all of the non-Muslim residents in the Palestinian territories. This tax revives the one applied through all of Islamic history to the dhimmi, the second-class Jewish and Christian citizens.}}


An alternate, or additional circumstance for this verse has also been narrated in multiple sahih hadiths (in yet another version {{Muslim|9|3497}}, Muhammad ate honey at Hafsa's house instead of Zainab's).
{{Quote|[http://www.foxnews.com/story/0,2933,270377,00.html Christians Fleeing Violence in Iraq]<BR>The Associated Press, Fox News, May 07, 2007|In the recent violence, residents of the Baghdad neighborhood of Dora said gunmen knocked on the doors of Christian families, demanding they either pay jizya — a special tax traditionally levied on non-Muslims — or leave. The jizya has not been imposed in Muslim nations in about 100 years.}}


{{Quote|{{Al Nasai||4|36|3410}}|'Aishah said that '''the Messenger of Allah used to stay with Zainab bint Jahsh and drink honey at her house'''. Hafsah and I agreed that if the Prophet entered upon either of us, she would say: "'''I perceive the smell of Maghafir (a nasty-smelling gum) on you'''; have you eaten Maghafir?" He came in to one of them, and she said that to him. He said: "'''No, rather I drank honey at the house of Zainab bint Jahsh''', but I will never do it again." Then the following was revealed: 'O Prophet! Why do you forbid (for yourself) that which Allah has allowed to you.' 'If you two turn in repentance to Allah, (it will be better for you)' about 'Aishah and Hafsah, 'And (remember) when the Prophet disclosed a matter in confidence to one of his wives' refers to him saying: "No, rather I drank honey."}}
{{Quote|1=[http://www.asianews.it/index.php?l=en&art=15903&size=A Hindus and Sikhs threatened by the Taliban and Sharia]<BR>Fareed Khan, Asia News, July 28, 2009|2= The Taliban in the North West Frontier Province (NWFP) have issued an ultimatum against local Hindus and Sikhs: either you pay “jizya”, an Islamic poll tax for religious minorities that is akin to protection money, or you leave. Many (more than 400)Hindu and Sikh families have already left for Peshawar and neighbouring provinces.  


"Honey" was also a sexual euphemism and an explicit example of its usage in this sense is found in a hadith in Abu Dawud:{{Quote|{{Abudawud|12|2302|}}|Narrated Aisha, Ummul Mu'minin:
Threats against Sikhs and Hindus are but the latest in a series of warnings against religious minorities in the NWFP, including Christians who have had to pay jizya and submit to Sharia.


The Messenger of Allah (ﷺ) was asked about a man who divorced his wife three times, and she married another who entered upon her, but divorced her before having intercourse with her, whether she was lawful for the former husband. She said: The Prophet (ﷺ) replied: She is not lawful for the first (husband) until '''she tastes the honey of the other husband and he tastes her honey'''. }}
“We were living under fear: fear of the Taliban, fear of Lashkar-e-Islam and fear of other armed groups,” a Sikh man told the Daily Times}}


===Ali rapes an underage ward of the state===
{{Quote|1=[http://www.ptinews.com/news/251505_Eight-Christians-kidnapped-in-Pakistan 2009 - Eight Christians kidnapped in Pakistan, Jizya May be Behind Abductions]|2= Eight members of the minority Christian community have been kidnapped in Pakistan's troubled Waziristan tribal region, reports said today.


Another relevant hadith is one which concerns an incident which led to the famous event of Ghadir Khumm, which is much disputed between Sunnis and Shias. Both Sunni and Shia sources agree that Muhammad received complaints about 'Ali taking a slave-girl from the ''Khums'' (the fifth of all booty allotted for the state<ref>{{Quran|8|41}}</ref>) to which those complaining felt that no private party was entitled.
Militants and criminals in Pakistan's lawless tribal belt have targeted minorities like Hindus, Sikhs and Christians. There have been several instances of members of minority communities being abducted for ransom or forced to pay 'jiziya', a tax levied on non-Muslims.}}


The Arabic of the Sunni hadith below mentions 'Ali taking a Ghusl bath (which is mandatory after sexual contact or ejaculation), implying sexual activity. Later, at a place called Ghadir Khumm, Muhammad tried to pacify those who were upset with 'Ali by declaring Ali to be his ''Mawla''. ''Mawla'' is an honorific meaning something between "follower", "ally", and "leader", which the Shia interpret to mean "successor of Muhammad". Thus, in some sense, Ali's having raped an underage captive becomes the immediate cause of what the Shi'a insist was the the announcement of Ali's succession. The emergent Sunni polemic here casts some doubt on the historical reliability of the hadith, yet, as a hadith included in Sahih Bukhari, it more than meets the Sunni requirements for authenticity.
{{Quote|1=[http://www.assistnews.net/Stories/2009/s09070148.htm Christian Shot Eight Times for Refusing to Pay Protection Money]<BR>Jeremy Reynalds, ASSIST News Service, July 22, 2009|2= A human rights organization has learned that a Christian businessman was shot eight times in the legs while driving through Lahore, Pakistan after refusing to pay protection money to a Muslim.<BR><BR>


{{Quote|{{Bukhari|5|59|637}}|Narrated Buraida:
Mobeena, [the Christians sister], told ICC, “Suqlain is still free and hanging around. The government has done nothing to help us, even though my brother is a prominent businessman. We feel insecure, our children are too scared to go out anymore - please help us, we need justice.”}}


The Prophet (ﷺ) sent `Ali to Khalid to bring the Khumus (of the booty) and I hated `Ali, and '''`Ali had taken a bath (after a sexual act with a slave-girl from the Khumus)'''. I said to Khalid, "Don't you see this (i.e. `Ali)?" When we reached the Prophet (ﷺ) I mentioned that to him. He said, "O Buraida! Do you hate `Ali?" I said, "Yes." He said, "Do you hate him, for he deserves more than that from the Khumus."}}Ibn Hajar al-Asqalani (d. 1449), one of the most famous Hadith scholars of all time, points out in his seminal ''Fath al-Bari'' (the still-standard commentary on Sahih Bukhari) what several scholars before him noted: that in accounts of this event, Ali does not observe the required ''iddah'' (waiting) period to determine whether or not the girl was pregnant. Al-Asqalani quotes al-Khattabi who summarizes the possibilities: "she was either a virgin [strongly implying a young age in a culture where women married young], had not yet reached maturity, or Ali's ''[[ijtihad]]'' [independent reasoning] led him to not adhere to the waiting period in her case."<ref>{{Quote||لِاحْتِمَالِ أَنْ تَكُونَ عَذْرَاءَ أَوْ دُونَ الْبُلُوغِ أَوْ أَدَّاهُ اجْتِهَادُهُ أَنْ لَا اسْتِبْرَاءَ فِيهَا}}
{{Quote|1=[http://en.aswataliraq.info/?p=124202 1960 Christians killed in Iraq since 2003 – survey]<BR>Aswat al-Iraq, December 26, 2009|2=According to the [Chaldean Cultural Association for Peace in Iraq] association’s survey, property of at least 500,000 Christians were taken away and 200,000 Christians were forced to pay extortion money, while dozens others were kidnapped then released for ransom.


{{Citation|url=https://www.google.com/books/edition/%D9%81%D8%AA%D8%AD_%D8%A7%D9%84%D8%A8%D8%A7%D8%B1%D9%8A_%D8%AC_9_%D8%A7%D9%84%D9%85%D8%BA%D8%A7%D8%B2%D9%8A/YzZJCwAAQBAJ?hl=en&gbpv=1&bsq=%D9%84%D9%90%D8%A7%D8%AD%D9%92%D8%AA%D9%90%D9%85%D9%8E%D8%A7%D9%84%D9%90%20%D8%A3%D9%8E%D9%86%D9%92%20%D8%AA%D9%8E%D9%83%D9%8F%D9%88%D9%86%D9%8E%20%D8%B9%D9%8E%D8%B0%D9%92%D8%B1%D9%8E%D8%A7%D8%A1%D9%8E%20%D8%A3%D9%8E%D9%88%D9%92%20%D8%AF%D9%8F%D9%88%D9%86%D9%8E%20%D8%A7%D9%84%D9%92%D8%A8%D9%8F%D9%84%D9%8F%D9%88%D8%BA%D9%90%20%D8%A3%D9%8E%D9%88%D9%92%20%D8%A3%D9%8E%D8%AF%D9%91%D9%8E%D8%A7%D9%87%D9%8F%20%D8%A7%D8%AC%D9%92%D8%AA%D9%90%D9%87%D9%8E%D8%A7%D8%AF%D9%8F%D9%87%D9%8F%20%D8%A3%D9%8E%D9%86%D9%92%20%D9%84%D9%8E%D8%A7%20%D8%A7%D8%B3%D9%92%D8%AA%D9%90%D8%A8%D9%92%D8%B1%D9%8E%D8%A7%D8%A1%D9%8E%20%D9%81%D9%90%D9%8A%D9%87%D9%8E|title=Fath al-Bari|publisher=Dar Taybah|page=487|volume=9|author=Ibn Hajar al-Asqalani}}</ref>
“Before 2003, there were around 2.1 million Christians in Iraq, but now there are not more than 500,000 of them,” Masho said.


===Muhammad's companions rape captives intended for ransom===
He criticized the Iraqi government for being unable to protect Christians, and said that it did not even fulfill its promises to compensate them.}}


On one occasion, presented with newly captured women, Muhammad's companions were only concerned about whether coitus interruptus ('azl) was permissible.
{{Quote|1=[{{Reference archive|1=http://www.uriasposten.net/archives/34912|2=2012-03-16}} On the other side of the fence]<BR>Nicolai Sennels (Translator), Weekendavisen (Danish daily, not online), March 1, 2012|2=This past year there have been several disturbing incidents in the neighborhood of outer Nørrebro. In October, a refugee from Africa had his door kicked in several times and was threatened by a group of youths who accused him of being both black and Christian. <BR><BR>He was given a deadline of less than a week to pay them 10,000 kroner (1,800 USD) if he wanted to live in the area. Police told him that they could no longer guarantee his safety in Mjølnerparken [Muslim ghetto in Copenhagen, Denmark]. When Lejerbo (the company renting out apartments in the area) found him, he was crying and had slept on the street.}}


{{Quote|{{Bukhari|5|59|459}}|Narrated Ibn Muhairiz: I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, "We went out with Allah's Apostle for the Ghazwa of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interrupt us, we said, 'How can we do coitus interruptus before asking Allah's Apostle who is present among us?" We asked (him) about it and he said, 'It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist."}}
{{Quote|1=[{{Reference archive|1=http://www.onenewsnow.com/Missions/Default.aspx?id=1581314|2=2012-04-22}} Syrian Christian targeted in Syria]<BR>MNN, April 19, 2012|2=Refugees who have fled to Jordan from Syria are telling mission leaders supported by Christian Aid Mission about deliberate, new persecution from the "Arab Spring" insurgents who are seeking to overthrow the brutal Assad regime in Damascus.<BR>. . .<BR>
"It is over; we can't get back what we lost," said one discouraged Christian refugee here in Jordan. "It will never be the same anymore for me or my family. We've lost hope." He said he had to flee with his family at night, because anti-Christian persecution in Syria is becoming a steadily growing reality.  


In another version of the same hadith in Sahih Muslim (also found in Malik's Muwatta and Abu Dawud), it is said that the Muslims' goal was to ransom the women back to members of the defeated party for monetary gain. It is explained that as a result of not wanting to get the women pregnant prior to ransoming them, Muhammad's companions inquired as to whether coitus interruptus was permissible.
"I had my own business. I ran a supermarket, and we were financially stable. Unfortunately, that's not the case anymore. Our dreams vanished when a group of terrorists threatened to kill my family, burn our house, and set fire to the supermarket if I didn't pay them $7,000.  


{{Quote|{{Muslim|8|3371}}; see also {{Muwatta|29||95}} and {{Abudawud||2167|Hasan}}|Abu Sirma said to Abu Sa'id al Khadri (Allah he pleased with him):
"I paid the amount, hoping that they would leave us alone, but they did not. Instead, they kidnapped me for a whole week. They only let me go on one condition: that each month I would pay them the same amount.


O Abu Sa'id, did you hear Allah's Messenger (ﷺ) mentioning al-'azl? He said: Yes, and added: We went out with Allah's Messenger (ﷺ) on the expedition to the Bi'l-Mustaliq and took captive some excellent Arab women; and we desired them, for we were suffering from the absence of our wives, (but at the same time) '''we also desired ransom for them.''' So we decided to have sexual intercourse with them but by observing 'azl (Withdrawing the male sexual organ before emission of semen to avoid-conception). But we said: We are doing an act whereas Allah's Messenger is amongst us; why not ask him? So we asked Allah's Messenger (ﷺ), and he said: It does not matter if you do not do it, for every soul that is to be born up to the Day of Resurrection will be born.}}
"What do you think I could do? I fled. I packed our stuff, taking only the basics. I took my family and came to Jordan. My son, Omar, has one year left to finish his bachelor's degree, but now his dreams have vanished as well. I used to be a business owner...but now I am a laborer who can hardly provide the day-to-day basics for my family."}}


Yet another version of the same story in [[Sahih Bukhari]] is even clearer about Muhammad's companions' sole concern being the potential detriment to the price of the captives if they were impregnated.
{{Quote|1=[http://www.fides.org/aree/news/newsdet.php?idnews=32122&lan=eng<!-- http://www.webcitation.org/query?url=http%3A%2F%2Fwww.fides.org%2Faree%2Fnews%2Fnewsdet.php%3Fidnews%3D32122%26lan%3Deng&date=2012-09-06 --> ASIA/PAKISTAN - Attack in the Christian area: one victim and two injured in Karachi]<BR>Agenzia Fides, August 31, 2012|2=In Essa Nagri Christians are harassed by criminal gangs and Islamic terrorist groups of ethnic Pashtuns: armed to the teeth, the militants enter the area to collect the "Jizya" (the tax imposed, according to the sharia, on the non-Muslim minorities), and extort money from the Christian merchants. MASS activists have been denouncing for a long time continuous robberies, violence and abuses committed under the cover of some Police officials. Militants raid houses, steal and abuse women and children for fun.}}


{{Quote|{{Bukhari|3|34|432}}|Narrated Abu Sa`id Al-Khudri:
{{Quote|1=[{{Reference archive|1=http://tribune.com.pk/story/446972/militancy-when-hundreds-of-sikhs-lost-their-homes-in-orakzai/|2=2012-10-07}} Militancy: When hundreds of Sikhs lost their homes in Orakzai]<BR>Umer Farooq, The Express Tribune, October 5, 2012|2=Around 69 families, approximately 500 Sikhs, were residing in Feroz Khail area of the agency. Most of them earned their living from cultivating crops and a few others from small makeshifts at a market, which were barely sufficient to make both ends meet.


that while he was sitting with Allah's Messenger (ﷺ) he said, "O Allah's Messenger (ﷺ)! We get female captives as our share of booty, '''and we are interested in their prices''', what is your opinion about coitus interruptus?" The Prophet (ﷺ) said, "Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist, but will surely come into existence.}}
Kalyan himself was picked up by militants and offered three options: To embrace Islam, to become part of their jihad or to pay a sum of Rs500 million.


===Umar tells a man to beat his wife for preventing intercourse with his slave girl===
“I could not even consider the first two options. I was released when residents intervened and the Sikh community paid Rs6.5 million as Jizya (protection money for non-Muslims),” Kalyan said.


Abdullah ibn Umar (the son of the 2nd Caliph, [[Umar_ibn_al-Khattab|Umar ibn al-Khattab]]) said that his father ordered a man to have intercourse with a slave girl after his wife had tried to make this haram for him by means of [[Adult_Suckling|adult suckling]].
Residents left the area within half an hour of the warning, leaving most of their valuables behind.}}


{{Quote|{{Muwatta|30||13}}|Yahya related to me from Malik that Abdullah ibn Dinar said, "A man came to Abdullah ibn Umar when I waswith him at the place where judgments were given and asked him about the suckling of an older person. Abdullah ibn Umar replied, 'A man came to Umar ibn al-Khattab and said, 'I have a slave-girl and I used to have intercourse with her. My wife went to her and suckled her. When I went to the girl, my wife told me to watch out, because she had suckled her!' Umar told him to beat his wife and to go to his slave-girl because kinship by suckling was only by the suckling of the young.' "}}
==Other Islamic Taxes==


===Ghusl (full body wash) not required between intercourse with slave girls===
===Zakat===


Imam Malik was asked about intercourse with multiple slave girls.
Muslims also had to pay a tax called Zakat. However, this zakat is a 2.5% tax, while the jizyah (which can vary) is about a 10% income tax (although it has been known to be as high as 50%). Muslims are obligated to pay this so-called "charity tax" even today, as its one of the five pillars of Islam. But, instead of paying it to the state, they now pay zakat to charities of their choice. It must however be noted that the majority of Islamic scholars are of the view that non-Muslims should not benefit from this alms giving,<ref>{{cite web|url= http://www.islamicawakening.com/viewarticle.php?articleID=984|title= The way of giving Zakat al-Fitr in non-Islamic Lands|publisher= IslamicAwakening|author= Haytham bin Jawwad al-Haddad|series= Article ID: 984|date= November 20, 2002|archiveurl= http://www.webcitation.org/query?url=http://www.islamicawakening.com/viewarticle.php?articleID=984&date=2011-05-09|deadurl=no}}</ref> which is why mainstream Islamic charities, like Islamic Relief, almost exclusively<ref>[http://www.thereligionofpeace.com/Articles/Islamic-Relief.htm Islamic Relief and the Myth of Non-Discriminating Muslim Charity] - TROP</ref> focusing their humanitarian work in Muslim majority nations or areas in non-Muslim countries which are heavily populated by Muslim minorities. In the aftermath of the 2010 Pakistan floods, many Christian survivors were denied aid supplied by Muslim charities as a result.<ref>[http://www.catholicculture.org/news/headlines/index.cfm?storyid=7460 Pakistan: some Christians denied aid unless they convert to Islam] - Catholic Culture, September 6, 2010</ref>


{{Quote|{{Muwatta|2||90}}|Yahya related to me from Malik from Nafi that the slave girls of Abdullah ibn Umar used to wash his feet and bring him a mat of palm leaves while they were menstruating. Malik was asked whether a man who had women and slavegirlscould have intercourse with all of them before he did ghusl. He said, "There is no harm in a man having intercourse with two of his slave girls before he does ghusl. It is disapproved of, however, to go to a freewoman on another's day. There is no harm in making love first to one slave girl and then to another when one is junub." Malik was asked about a man who was junub and water was put down for him to do ghusl with.Then he forgot and put his finger into it to find out whether it was hot or cold. Malik said, "If no filth has soiled his fingers, I do not consider that that makes the water impure."}}
===Devshirme===


===Explicit distinction between zina and legal intercourse===
{{Quote||Devshirme (derived from , "collection, gathering"; called "collection of boys" or "blood tax" in Balkan countries in their native languages) was the systematic abduction of young boys from conquered Christian lands by the Ottoman sultans as a form of regular taxation in order to build a loyal slave army (formerly largely composed of war captives) and the class of (military) administrators called the "Janissaries", or other servants such as tellak in hamams. . Boys delivered to the Ottomans in this way were called ghilmán or acemi oglanlar ("novice boys").}}


Since zina (fornication or adultery) only applies to intercourse with other than one's wives or female slaves, it is only in these contexts that rape is considered possible. The following narration graded hasan (good) by al-Albani in Abu Dawud explicitly makes this distinction by recognizing offspring with one's wives or slaves as legitimate, and included in inheritance, and by labeling the offspring with other women as illegitimate, and removed from inheritance.
===Kharaj===


{{Quote|{{Abudawud|12|2258}}| 'Amr b. Shu'aib on his father's authority said that his grandfather reported:
{{Quote|[http://www.britannica.com/EBchecked/topic/316354/kharaj kharaj]<BR>The Encyclopædia Britannica|Tax imposed on recent Islamic converts in the 7th–8th century.  
The Prophet (ﷺ) decided regarding one who was treated as a member of a family after the death of his father, to whom he was attributed when the heirs said he was one of them, '''that if he was the child of a slave-woman whom the father owned when he had intercourse with her''', he was included among those who sought his inclusion, but received none of the inheritance which was previously divided; he, however, received his portion of the inheritance which had not already been divided; but if the father to whom he was attributed had disowned him, he was not joined to the heirs.


'''If he was a child of a slave-woman whom the father did not possess or of a free woman with whom he had illicit intercourse''', he was not joined to the heirs and did not inherit even if the one to whom he was attributed is the one who claimed paternity, '''since he was a child of fornication whether his mother was free or a slave.''' }}
In Islamic territories, Jews, Christians, and Zoroastrians who did not convert to Islam were required to pay a tax called the jizya. Many people converted to Islam to avoid this tax or to escape the ban on non-Muslims owning land. As financial problems mounted for the Umayyad rulers, authorities imposed the kharaj as a property tax for recent converts. Popular opposition to the tax led to a revolt in 747 and precipitated the downfall of the Umayyad dynasty.}}


==Muhammad's other female captives==
The Umayyad caliph Umar II made non-Arab converts to Islam pay kharaj as a compensation for the diminished jizya tax base.<ref>Kennedy, Hugh. ''The Prophet and the Age of the Caliphates''. Pearson. p. 107. ISBN 0-582-40525-4.</ref>
On at least two occasions, according to accounts in sahih hadiths, Muhammad captured and cohabited with war captives [[Safiyah]] and [[Qur'an, Hadith and Scholars:Muhammads Wives and Concubines#Juwairiya|Juwairiyah]], presumably against their will (having just led the slaughter of their families and tribes).


Surah 33 twice gives Muhammad explicit and direct permission to have sexual contact with his existing [[Muhammad's Marriages|wives]] (having married more than a dozen times, he is prohibited here from marrying further) and with any slaves he may possess now or may acquire in the future.
Some have said that jizya and kharaj were not significantly higher than the taxes collected in the pre-Islamic [[w:Byzantine Empire|Byzantine]] and [[w:Sassanid Empire|Sassanid]] empires. However:


{{Quote|{{Quran-range|33|50|52}}|O Prophet! Lo! We have made lawful unto thee thy wives unto whom thou hast paid their dowries, '''and those whom thy right hand possesseth of those whom Allah hath given thee''' as spoils of war, and the daughters of thine uncle on the father's side and the daughters of thine aunts on the father's side, and the daughters of thine uncle on the mother's side and the daughters of thine aunts on the mother's side who emigrated with thee, and a believing woman if she give herself unto the Prophet and the Prophet desire to ask her in marriage - a privilege for thee only, not for the (rest of) believers - We are Aware of that which We enjoined upon them concerning their wives and those whom their right hands possess - that thou mayst be free from blame, for Allah is ever Forgiving, Merciful. Thou canst defer whom thou wilt of them and receive unto thee whom thou wilt, and whomsoever thou desirest of those whom thou hast set aside (temporarily), it is no sin for thee (to receive her again); that is better; that they may be comforted and not grieve, and may all be pleased with what thou givest them. Allah knoweth what is in your hearts (O men), and Allah is ever Forgiving, Clement. It is not allowed thee to take (other) women henceforth, nor that thou shouldst change them for other wives even though their beauty pleased thee, '''save those whom thy right hand possesseth'''. And Allah is ever Watcher over all things.}}
{{Quote|N. V. Pigulevskaya, A. Yu. Yakubovski, I. P. Petrushevski, L. V. Stroeva, A. M. Belenitski. ''The History of Iran from Ancient Times to the End of Eighteenth Century'' (in Persian), Tehran, 1967, p. 161.|A comparison between pre-Islamic documents and those of the Islamic period reveals that conquering Arabs increased the land taxation without exception. Thus, raising taxes of each acre of wheat field to 4 dirhams and each acre of barley field to 2 dirhams, whereas during reign of Khosro Anushiravan it used to be a single dirham for each acre of a wheat or barley field. During the later stage of Umayyad Caliphate, conquered and subjugated Persians were paying from one fourth to one third of their land produce to the Arab Empire as kharaj.}}


===Safiyah bint Huayy===
Kharaj was also imposed on Hindu peasants of India during the rule of the [[w:Delhi Sultanate|Delhi Sultanate]] and the Mughals. Its value varied from 20 percent to 50 percent of the produce.<ref>K. S. Lal. ''Theory and Practice of Muslim State in India''. Chapter IV: "Income of the State". Archived at [http://www.webcitation.org/6l5ThExd8]. Aditya Prakashan. 1999. ISBN 8186471723 </ref>
{{Main|Safiyah}}
Safiyah the daughter of Huayy was the wife of a Jewish Rabbi named [[Kinana]]. when Muhammad conquered the Jewish village of Khaibar, he had the Rabbi tortured and then killed. According to an account in Sahih Bukhari, Muhammad then took captive the Rabbi's wife.


{{Quote|{{Bukhari|1|8|367}}|Narrated 'Abdul 'Aziz: Anas said, 'When Allah's Apostle invaded Khaibar, we offered the Fajr prayer there yearly in the morning) when it was still dark. The Prophet rode and Abu Talha rode too and I was riding behind Abu Talha. The Prophet passed through the lane of Khaibar quickly and my knee was touching the thigh of the Prophet . He uncovered his thigh and I saw the whiteness of the thigh of the Prophet. When he entered the town, he said, 'Allahu Akbar! Khaibar is ruined. Whenever we approach near a (hostile) nation (to fight) then evil will be the morning of those who have been warned.' He repeated this thrice. The people came out for their jobs and some of them said, 'Muhammad (has come).' (Some of our companions added, "With his army.") We conquered Khaibar, took the captives, and the booty was collected. Dihya came and said, 'O Allah's Prophet! Give me a slave girl from the captives.' The Prophet said, 'Go and take any slave girl.' He took Safiya bint Huyai. A man came to the Prophet and said, 'O Allah's Apostles! You gave Safiya bint Huyai to Dihya and she is the chief mistress of the tribes of Quraiza and An-Nadir and she befits none but you.' So the Prophet said, 'Bring him along with her.' So Dihya came with her and when the Prophet saw her, he said to Dihya, 'Take any slave girl other than her from the captives.' Anas added: The Prophet then manumitted her and married her." Thabit asked Anas, "O Abu Hamza! What did the Prophet pay her (as Mahr)?" He said, "Her self was her Mahr for he manumitted her and then married her." Anas added, "While on the way, Um Sulaim dressed her for marriage (ceremony) and at night she sent her as a bride to the Prophet . So the Prophet was a bridegroom and he said, 'Whoever has anything (food) should bring it.' He spread out a leather sheet (for the food) and some brought dates and others cooking butter. (I think he (Anas) mentioned As-SawTq). So they prepared a dish of Hais (a kind of meal). And that was Walima (the marriage banquet) of Allah's Apostle ."}}
===Miscellaneous===


===Juwairiyah bint al-Harith===
*The Hedaya, a 12th-century legal manual considered one of the most influential books of Hanafi Islamic law, states that a [[w:tithe|tithe]] on wine and pork should be collected from [[dhimmi|dhimmis]] and polytheists whenever they pass by any collector's office in an Islamic state.<ref>Marghinani. ''The Hedaya'' (Arabic) Translated by Charles Hamilton. Book I Chapter IV. p. 13.</ref>


A hadith from Sunan Abu Dawud explains how, following a surprise attack on the Banu Mustaliq, Muhammad took captive the "very beautiful" Juwairiyah, making Aisha jealous.
*''Rav akçesi'', also called "rabbi tax," was imposed on Jewish communities in the Ottoman Empire.<ref>{{cite web|title=Turcica: revue d'études turques, Volumes 24-25|year=1992|publisher=Éditions Klincksieck|pages=106|url=https://books.google.com/books?id=O3lpAAAAMAAJ&q=Rav+ak%C3%A7esi&dq=Rav+ak%C3%A7esi&hl=en&ei=ENqtTc77LZCp8APbtrSVAw&sa=X&oi=book_result&ct=result&resnum=5&ved=0CEEQ6AEwBA}}</ref><ref>Veinstein, Gilles. ''Sur la draperie juive de Salonique (XVIe-XVIIe s.)'' "Revue du monde musulman et de la Méditerranée" 1992. v.66</ref>


{{Quote|1=[http://www.searchtruth.com/book_display.php?book=29&translator=3&start=0&number=3920#3920 <!-- http://www.webcitation.org/query?url=http%3A%2F%2Fwww.searchtruth.com%2Fbook_display.php%3Fbook%3D29%26translator%3D3%26start%3D0%26number%3D3920%233920&date=2012-02-17 -->Abu Dawud 29:3920]|2=Narrated Aisha, Ummul Mu'minin: Juwayriyyah, daughter of al-Harith ibn al-Mustaliq, fell to the lot of Thabit ibn Qays ibn Shammas, or to her cousin. She entered into an agreement to purchase her freedom. She was a very beautiful woman, most attractive to the eye. Aisha said: She then came to the Apostle of Allah (peace be upon him) asking him for the purchase of her freedom. When she was standing at the door, I looked at her with disapproval. I realised that the Apostle of Allah (peace be upon him) would look at her in the same way that I had looked. She said: Apostle of Allah, I am Juwayriyyah, daughter of al-Harith, and something has happened to me, which is not hidden from you. I have fallen to the lot of Thabit ibn Qays ibn Shammas, and I have entered into an agreement to purchase of my freedom. I have come to you to seek assistance for the purchase of my freedom. The Apostle of Allah (peace be upon him) said: Are you inclined to that which is better? She asked: What is that, Apostle of Allah? He replied: I shall pay the price of your freedom on your behalf, and I shall marry you. She said: I shall do this. She (Aisha) said: The people then heard that the Apostle of Allah (peace be upon him) had married Juwayriyyah. They released the captives in their possession and set them free, and said: They are the relatives of the Apostle of Allah (peace be upon him) by marriage. We did not see any woman greater than Juwayriyyah who brought blessings to her people. One hundred families of Banu al-Mustaliq were set free on account of her.}}
*Mughal emperor Aurangzeb (1618-1707), known for persecuting non-Muslims under his rule, used to collect a customs duty called ''sair-jihat''. It was applicable on the sale of sundry objects, including cloth, oil, grains, food, horses, camels, and animal skins.<ref>Abul Fazl. ''Ain-i-Akbari''. Translated by Col. Henry Sullivan Jarrett (1891). Vol. II, p. 63.</ref> The rate was fixed according to the religion of the payer. Hindu merchants paid 5 per cent, Christians 4 per cent and Muslims 2.5 per cent. Later, he exempted Muslims completely from this tax.<ref>Manucci, Niccolao. ''Storia do Mogor'' also known as ''Mogul India 1603-1708'', Vol. 2. pp. 415-417. Translated by William Irvine. London, J. Murray (1907).</ref>


A hadith in Sahih Bukhari confirms the same narrative.
==See Also==


{{Quote|{{Bukhari|3|46|717}}|Narrated Ibn Aun: I wrote a letter to Nafi and Nafi wrote in reply to my letter that the Prophet had suddenly attacked Bani Mustaliq without warning while they were heedless and their cattle were being watered at the places of water. Their fighting men were killed and their women and children were taken as captives; the Prophet got Juwairiya on that day. Nafi said that Ibn 'Umar had told him the above narration and that Ibn 'Umar was in that army.}}
{{Translation-links-english|[[Джизя - Данък|Bulgarian]]}}


==Punishments for rape==
==External Links==
===Rape of a free woman===
 
Muhammad ordered the stoning of a confessed rapist who attacked a free woman to whom he was not married.
 
{{Quote|{{al Tirmidhi|15|3|15|1454}}; see also {{Muwatta|36||14}}|Narrated 'Alqamah bin Wa'il Al-Kindi: From his father: "A women went out during the time of the Prophet (ﷺ) to go to Salat, but she was caught by a man and he had relations with her, so she screamed and he left. Then a man came across her and '''she said: 'That man has done this and that to me'''', then she came across a group of Emigrants (Muhajirin) and she said: 'That man did this and that to me.' They went to get the man she thought had relations with her, and they brought him to her. She said: 'Yes, that's him.' So they brought him to the Messenger of Allah (ﷺ), and when he ordered that he be stoned, the man who had relations with her, said: ''''O Messenger of Allah, I am the one who had relations with her.'''' So he said to her: 'Go, for Allah has forgiven you.' Then he said some nice words to the man (who was brought). And '''he said to the man who had relations with her: 'Stone him.'''' Then he said: 'He has repented a repentance that, if the inhabitants of Al-Madinah had repented with, it would have been accepted from them.'"}}
 
===Rape of another's slave===
If the individual raped is a slave owned by other than the rapist, reparations are due to the owner of the slave in the form of a replacement slave or the amount by which the raped slave's value has been depreciated as a result of the rape. Hina Azam writes that "sexual ursupation of a slave woman was a form of property damage that required financial compensation to her owner for a depreciation of the property's value....usually equal to the amount by which she was depreciated by the act (this being of particular relevance if she was previously a virgin)".<ref>{{cite web |url=http://www.oxfordislamicstudies.com/article/opr/t349/e0075 |title=Rape |last=Azam |first=Hina |date= |website=Oxford Islamic Studies |publisher=http://www.oxfordislamicstudies.com |access-date=7 April 2021}}</ref>
 
Malik in his ''Muwatta'' confirms this punishment.
 
{{Quote|{{Muwatta|36||14}}|Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price. Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him.}}
 
The authenticity of hadiths concerning the following incident in which Muhammad commands punishment by stoning for a man who has intercourse with his wife's slave are graded da'if (weak) by al-Albani, while Dar-us-Salam grade them hasan (good).
 
{{Quote|{{Al Nasai|26|4|26|3365}}; see also {{Abu Dawud|38|4445}}|It was narrated that Salamah bin Al-Muhabbaq said: "The Prophet passed judgment concerning a man who had intercourse with his wife's slave woman: 'If he forced her, then she is free, and he has to give her mistress a similar slave as a replacement; if she obeyed him in that, then she belongs to him, and he has to give her mistress a similar slave as a replacement.'"}}
 
In another, similar incident, the rapist of his wife's slave is to be punished by stoning.


{{Quote|{{Al Nasai|26|4|26|3362}}; see also {{Abu Dawud|38|4444}}|It was narrated from An-Nu'man bin Bashir that the Prophet said, concerning a man who had intercourse with his wife's slave woman: "If she let him do that, I will flog him with one hundred stripes , and if she did not let him, I will stone him (to death)."}}
*[http://debate.org.uk/debate-topics/historical/the-jizyah-tax The Jizyah Tax: Equality And Dignity Under Islamic Law?]
*[http://www.bharatvani.org/books/jihad/app2.htm Jizyah and the Zimmî]
*[http://www.dhimmitude.org/archive/by_lecture_10oct2002.htm Dhimmitude Past and Present:  An Invented or Real History?]'', by Bat Ye'or''
*[http://www.outsidethewire.com/blog/media/payments-to-hamas-as-jizyah.html Payments to Hamas as Jizyah] ([http://web.archive.org/web/20080105075225/http://www.outsidethewire.com/blog/media/payments-to-hamas-as-jizyah.html Archived])
*[http://en.wikipedia.org/wiki/Jizya Jizyah]'' - Wikipedia (Additional information and contains some more Hadith references)''
*[http://www.thereligionofpeace.com/Quran/004-jizya.htm Islam: Requiring Other Faiths to Pay Up] ''- TheReligionofPeace.com''


==Limitations on rape==
;Muslim websites


===Avoiding severe physical injury===
*[http://www.understanding-islam.com/related/text.asp?type=question&qid=166 Regarding Jizyah on non-Muslim Citizens]'' - Understanding-Islam.com'' ([http://web.archive.org/web/20080409001311/http://www.understanding-islam.com/related/text.asp?type=question&qid=166 Archived])
Beyond the temporary requirement of waiting past the ''Iddah'' period or conversion of a slave, the only restriction on raping one's slaves or wives is that the victims not incur severe physical injury in the process. However, this derives from a generic prohibition against incurring severe physical injury upon anyone at any time, and men are authorized to [[Wife Beating in Islamic Law|beat]] their wives and slaves as a form of physical discipline if they deny him sexual access or fail to obey him in some other mandatory capacity.
*[http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503544994 Jizyah and non-Muslim Minorities] ''- Fatwa Bank at IslamOnline.net''
 
In practical terms, the relevance of the "do-no-harm" principle in this case is that a man should not penetrate his wives or slaves against their will if they are physically too small to withstand penetration (i.e. in the case of [[Child Marriage in Islamic Law|very young girls]]) or if they are seriously ill or injured to the point where penetration would inhibit their healing or magnify their injury. There is no consideration here for harm in the form of "mental anguish", and men are permitted to sexually utilize very young, ill, and/or injured wives and slaves against their will through means other than penetration (the example of "[[thighing]]" being one discussed explicitly by Islamic jurists) if such less egregious means will help avoid severe physical injury.
 
===Waiting until the completion of the ''Iddah'' or childbirth===
 
A hadith graded sahih by Dar-us-Salam in Abu Dawud describes the ''Iddah'' waiting period as the "one menstrual period" after acquisition of the slave wherein the new owner must abstain from sexual contact in order to ascertain whether or not the slave is pregnant, so as not to confuse paternity.
 
{{Quote|{{Abudawud||2152|hasan}}|Abu Sa’id Al Khudri traced to Prophet (ﷺ) the following statement regarding the captives taken at Atwas. There must be no intercourse with pregnant woman till she gives birth to her child or with the one who is not pregnant till she has had one menstrual period.}}
 
Another hadith graded sahih by Dar-us-Salam in Tirmidhi explains that if the slave is pregnant
 
{{Quote|{{Al Tirmidhi||3|19|1564}}|Narrated Umm Habibah bint 'Irbad bin Sariyah:
 
From her father who told her that the Messenger of Allah (ﷺ) prohibited intercourse with female prisoners, until they deliver what is in their wombs."}}
 
===Waiting until adult polytheist slaves convert, by force if necessary===
 
Although Muhammad's men seem to have had intercourse with captive polytheist women whom they had captured during the expedition to Awtas/Autas, most jurists later ruled that this was later forbidden by {{Quran|2|221}} (the verse only forbids marriage to polytheist women, but scholars inferred that this also applied to intercourse with slaves). Intercourse with Muslim, Christian, or Jewish slaves was not affected by this restriction.<ref>{{Citation|url=https://www.islamweb.net/en/fatwa/272452/|archiveurl=https://web.archive.org/web/20201227215257/https://www.islamweb.net/en/fatwa/272452/|title=Ruling on sexual intercourse with one's polytheistic slave-woman|date=November 14, 2014|publisher=Islamweb.net}}</ref>
 
Early scholars of fiqh devised a workaround for this restriction, including the allowance of raping younger captives who were polytheist:
 
{{Quote|{{citation| last=Friedmann | first=Yohanan| title=Tolerance and Coercion in Islam: Interfaith Relations in the Muslim Tradition|publisher=Cambridge University Press|ISBN=9780511497568|pages=107-108|date=August 2009|series=Cambridge Studies in Islamic Civilization|url=https://www.cambridge.org/core/books/tolerance-and-coercion-in-islam/603974A9EFEDC7FBD00B38D0845AECAA|archiveurl=https://web.archive.org/web/20180614220208/https://www.cambridge.org/core/books/tolerance-and-coercion-in-islam/603974A9EFEDC7FBD00B38D0845AECAA}}|According to a report included in the ''Jāmi‘'' of al-Khallāl (d. 311 A.H. / 923 A.D.), '''Ibn Hanbal maintained that
 
:'''if Zoroastrian and idolatrous women are taken prisoner, they are coerced into Islam; if they embrace it, sexual relations with them are permissible''' and they can (also) be used as maidservants. If they do not embrace Islam, they are used as maidservants but not for sexual relations (''wa idhā subhīna (sic) al-majūsiyyāt wa ‘abadat al awthān ujbirna 'alā al-Islām fa-in asl ama wutiʼna ma 'stukhdimna wa in lam yuslimna 'stukhdimna wa lam yūtaʼna'').
 
The contradiction inherent in this passage is evident: despite the unspecified coercive measures, some of the women in question refused conversion and, consequently, the masters could not take full advantage of their services. If the only way to embrace Islam is pronouncing the declaration of faith, the conversion of a defiant woman may not be possible: it is not always feasible to force someone to utter the shahāda. '''According to a tradition transmitted on the authority of Hasan al-Basri, the Muslims used various devices to attain their objective: they turned the Zorastrian slave-girl toward the Ka‘ba, ordered her to pronounce the shahāda and to perform ablution. Her master then engaged in sexual relations''' after she had one menstruating period while in his house. Others hold that the master must teach the slave-girl to pray, to purify herself and to shave her private parts before any intercourse. The participation of the girl in this procedure is minimal, and this wording may be interpreted us a considerable lowering of the conversion requirements so that the girl becomes eligible for sexual intercourse as expeditiously as possible. Among the early traditionists, only '''a few were willing to go beyond this and allow sexual relations with a Zoroastrian slave-girl without insisting on at least a semblance of conversion'''.
 
Shafi‘i's treatment of the issue is slightly different. Speaking of grown-up Zoroastrian or polytheist women taken into captivity, he maintains that no sexual relations with them are allowed before they embrace Islam without bringing up the question of converting them forcibly. If the female captives are minor but were taken captive with at least one of their parents, the ruling is the same. '''If, however, the girl was captured without her parents, or one of her parents embraced Islam, she is considered a Muslim and is coerced into embracing it''' (''nahkumu lahā bihukm al-Islām wa nujbiruhā ‘alayhi''). '''Once this happens, sexual relations with her are lawful.'''}}
 
==Modern perspectives==
While most Islamic scholars today are comfortable with at least the temporary abolition of slavery in light of the fact that Islamic scriptures universally praise the freeing of slaves as a meritorious act, few are comfortable with the idea of permanently and irreversibly amending divine law. As a result, the legal rulings relating to slaves and the technical permissibility of owning slaves under the proper circumstances (e.g. under the rule of a "legitimate [[Khilafah (Caliphate)|khilafah]]", or caliphate) persist, as exemplified in the following fatwa from the most popular Islamic [[Fatwas|fatwa]] in the world.{{Quote|1=
 
{{citation|url=https://islamqa.info/en/answers/13737/what-is-the-ruling-on-intimacy-with-slave-women | archiveurl=https://archive.fo/16upP| chapter= Fatwa No. 13737: What is the ruling on intimacy with slave women?|publisher= Islam Q&A|date= March 18, 2004|editor=Muhammad Salih al-Munajjid}}|2=With regard to your question about it being permissible for a master to be intimate with his slave woman, the answer is that that is because Allaah has permitted it. }}Likewise, as with all rulings of the shariah, the basic rulings governing family relations are unchanging. It would be difficult even today to find a trusted Islamic authority that does not still, at some level, permit marital rape and give general license for [[Wife Beating in Islamic Law|wife beating]] as a potential means by which to compel one's able but unwilling spouse into sexual activity, among other things.
{{Quote|{{citation|url= https://islamqa.info/en/answers/99756/his-wife-is-not-very-interested-in-intercourse-so-he-resorts-to-masturbation|chapter= Fatwa No. 99756: His wife is not very interested in intercourse so he resorts to masturbation| publisher= Islam Q&A|date= July 22, 2007|editor=Muhammad Salih al-Munajjid|archiveurl=https://web.archive.org/web/20201204173121/https://islamqa.info/en/answers/99756/his-wife-is-not-very-interested-in-intercourse-so-he-resorts-to-masturbation}}|The wife is obliged to obey her husband if he calls her to his bed, and if she refuses then she is sinning, because of the report narrated by al-Bukhaari (3237) and Muslim (1436) from Abu Hurayrah (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said: “If a man calls his wife to his bed and she does not come to him, and he goes to sleep angry with her, the angels will curse her until morning.”}}
 
==Modern revisionary perspectives and criticisms thereof==
 
===Violations of the spoils-distribution system as rape===
 
====Quote from al-Shafi'i====
A quote from ''al-Umm'' of Imam al Shafi'i, the founder of the Shafi'i school of Islamic jurisprudence, is sometimes misrepresented<ref name=":0">{{Citation|archiveurl=https://web.archive.org/web/20201112021758/https://www.call-to-monotheism.com/does_islam_permit_muslim_men_to_rape_their_slave_girls_|url=https://www.call-to-monotheism.com/does_islam_permit_muslim_men_to_rape_their_slave_girls_|author=Bassam Zawadi|publisher=Call to Monotheism|chapter=Does Islam Permit Muslim Men to Rape Their Slave Girls?}}</ref> as forbidding slave owners from raping their female slaves.
 
{{Quote|1={{citation|author=al-Shafi'i|title=al-Umm|volume=3|page=253}}|2="If a man acquires by force a slave-girl, then has sexual intercourse with her after he acquires her by force, and if he is not excused by ignorance, then the slave-girl will be taken from him, he is required to pay the fine, and he will receive the punishment for illegal sexual intercourse."}}
 
It is clear, however, that "acquires by force" here refers to the manner in which the man gained possession of the slave girl, not a description of the later sexual act. Indeed, this quote comes from the section entitled ghasb (property usurpation). According to Islamic law, a fifth of all war and raid spoils (referred to as the ''Khum -'' literally "fifth"), including captives who may be sold for funds, is to be allotted for public spending. Taking and raping a captive from this public allotment, as [[Rape in Islamic Law#Ali rapes an underage ward of the state|Ali is reported to have in one instance]], amounts to theft and zina (illegal intercourse). This, as well as taking and raping someone else's slave, is of course prohibited and punishable. Indeed, in the remainder of his many-volume legal work ''al-Umm'', al-Shafi'i painstakingly outlines the laws regarding the sexual obligations of one's wives and slaves, in no place suggesting that rape of the female is punishable in these contexts.
 
====Quote from Malik====
A quote from the ''Muwatta'' of Imam Malik, founder of the Maliki school of jurisprudence, is also sometimes misrepresented in this vein.<ref name=":0" /> As with the quote taken from ''al-Umm'', this quote from the ''Muwatta'' is likewise only referring to stolen slaves and has no bearing on one's own slaves and wives. Fines for raping slave girls were always paid to the master.<ref>Hina Azam, "Sexual Violation in Islamic Law: Substance, Evidence, and Procedure" New York: Cambridge University Press, 2015, p. 104</ref> And, just like Imam Shafi'i, Malik details the legal practices of slavery in several other places throughout the same text.
 
{{Quote|1={{Muwatta|36||14}}|2=Malik related to me from Ibn Shihab that Abd al-Malik ibn Marwan gave a judgment that the rapist had to pay the raped woman her bride- price. Yahya said that he heard Malik say, "What is done in our community about the man who rapes a woman, virgin or non-virgin, if she is free, is that he must pay the bride-price of the like of her. If she is a slave, he must pay what he has diminished of her worth. The hadd-punishment in such cases is applied to the rapist, and there is no punishment applied to the raped woman. If the rapist is a slave, that is against his master unless he wishes to surrender him."}}
 
====Hadith regarding the caliph Umar====
 
A hadith in the Sunan of al-Bayhaqi describes the Caliph Umar punishing Dhiraar for raping a captive woman and is sometimes presented as evidence that one is not permitted to have sexual intercourse with slaves.<ref name=":0" />
 
{{Quote|1={{citation|title=Sunan al-Bayhaqi|volume=2|author=al-Bayhaqi|page=263|chapter=Hadith 18685}}|2=
 
Abu al-Hussain bin al-Fadhl al-Qatan narrated from Abdullah bin Jaffar bin Darestweh from Yaqub bin Sufyan from al-Hassab bin Rabee from Abdullah bin al-Mubarak from Kahmas from Harun bin Al-Asam who said: Umar bin al-Khatab may Allah be pleased with him sent Khalid bin al-Walid in an army, hence Khalid sent Dhiraar bin al-Azwar in a squadron and they invaded a district belonging to the tribe of Bani Asad. They then captured a pretty bride, Dhiraar liked her hence he asked his companions to grant her to him and they did so. He then had sexual intercourse with her, when he completed his mission he felt guilty, and went to Khalid and told him about what he did. Khalid said: 'I permit you and made it lawful to you.' He said: 'No not until you write a message to Umar'. (Then they sent a message to Umar) and Umar answered that he (Dhiraar) should be stoned. By the time Umar's message was delivered, Dhiraar was dead. (Khalid) said: 'Allah didn't want to disgrace Dhiraar'}}
 
As with the quote taken from Imam Shafi'i, this almost certainly refers to a violation of the system for distributing war spoils. Dhiraar's intercourse with the captive girl was illegal and merited stoning not because of her captive status or lack of consent, but because he had intercourse with the girl without that girl having been allotted to him at the behest of the caliph (Umar in this case), who has the responsibility of distributing spoils. Neither captivity nor consent are mentioned as a factor in the punishment. Indeed, in a [[Rape_in_Islamic_Law#Umar_tells_a_man_to_beat_his_wife_for_preventing_intercourse_with_his_slave_girl|another hadith discussed above]], Umar tells a man to have intercourse with his slave girl after his wife tried to prevent it.
 
===Freedom and marriage as a universal requirement===
 
Verses 4:23-24 ({{Quran-range|4|23|24}}) are sometimes presented as evidence for the idea that a man must first manumit and marry a slave in order to have sex with her. The verse lists the types of women a Muslim man is permitted to marry, one given option being his slave women, of whom he may free and marry. While 4:23-24 do not mention slaves outside of a marital context, several other verses (e.g. {{Quran-range|23|1|6}} and {{Quran-range|70|29|30}}) make clear reference to sexual activity with slaves with whom the owner is not married by explicitly distinguishing between his sexual access to his wives and his sexual access to his slaves. The further example of Muhammad's companions raping captives from Banu al-Mustaliq prior to ransoming them (a scenario which effectively necessitates their non-marriage) confirms this idea.<ref>{{Bukhari|5|59|459}}, {{Muslim|8|3371}},{{Muwatta|29||95}}, {{Abudawud||2167}}, and {{Bukhari|3|34|432}}</ref>
 
In addition, there is the universally attested legal category of the ''Umm Walad'' (literally "mother of child") that is used by Islamic jurists to refer to those slaves who have given birth to one of their master's children. An ''Umm Walad'' is legally distinct from a free mother ''because'' she is still a slave. Indeed, the concept of ''Umm Walad'' is apparently attested even in the prophet's time according to a hadith in Sahih Muslim - further clarifying the matter is the fact that in this very hadith, Muhammad approves of the companion's sexual relations with his unmarried slave girl.
 
{{Quote|{{Muslim|8|3377}}| Abu Sa'id al-Khudri (Allah be pleased with him) reported that mention was made of 'azl in the presence of Allah's Apostle (ﷺ) whereupon he said:
Why do you practise it? They said: There is a man whose wife has to suckle the child, and if that person has a sexual intercourse with her (she may conceive) which he does not like, '''and there is another person who has a slave-girl and he has a sexual intercourse with her, but he does not like her to have conception so that she may not become Umm Walad''', whereupon he (the Holy Prophet) said: There is no harm if you do not do that, for that (the birth of the child) is something pre- ordained. Ibn 'Aun said: I made a mention of this hadith to Hasan, and he said: By Allah, (it seems) as if there is upbraiding in it (for 'azl).}}
 
===Encouragement to chastity as a prohibition on rape===
 
Verse 24:33 ({{Quran|24|33}}), which instructs unmarried men to keep chaste and instructs slaveowners to "force not [their] maids to prostitution", is sometimes presented as evidence for the idea that sexual activity is only permitted in a marital context and that slaveowners may not compel their slave girls to sexual activity of any sort.
 
{{Quote|1={{Quran|24|33}}|2='''Let those who find not the wherewithal for marriage keep themselves chaste''', until Allah gives them means out of His grace. And if any of your slaves ask for a deed in writing (to enable them to earn their freedom for a certain sum), give them such a deed if ye know any good in them: yea, give them something yourselves out of the means which Allah has given to you. But '''force not your maids to prostitution when they desire chastity''', in order that ye may make a gain in the goods of this life. But if anyone compels them, yet, after such compulsion, is Allah, Oft-Forgiving, Most Merciful (to them),}}
 
Chastity is instructed throughout the Qur'an and is repeatedly defined as the habit of one who "guards their private parts" from all except "their wives [of whom they may have [[Polygamy in Islamic Law|up to four]]] and what their right hand possesses [i.e. female slaves, of whom they may have an unlimited number]" (e.g. {{Quran|23|6}}, {{Quran|33|50}}, {{Quran|33|52}}, and {{Quran|70|30}}). It is clear that, in the view of the Qur'an's author, an unmarried male may be considered chaste even if he engages in sexual activity with a technically unlimited number of women, so long as they are his slaves.
 
The portion of the verse which instructs slaveowners to "force not [their] maids to prostitution" has traditionally been understood in its simplest sense, which prohibits slaveowners from playing the role of a pimp and trafficking their slave women - such a business built on illegal intercourse is of course prohibited and, understood this way, the verse says nothing of novel import. Another accepted sense of this verse is that if a female slave desires her (or, say, her child's) freedom, her master ought to give her some legal means by which to pursue it, the alternative being her feeling compelled to prostitute herself to earn the funds necessary to purchase that freedom (traditional tafsirs also mention the also undesirable possibility of a master forcing a slave to prostitution as a condition for her freedom). Since such a temptation on the part of the slave girl is all the more plausible given the likelihood that she was captured in a war or raid where her people were both slaughtered and enslaved (leaving her with no means), and so the verse concludes by saying that if a slave girl is driven to such behavior, then Allah will be forgiving. And in the simpler sense, if her master forces her to prostitution, then Allah will forgive her for what was not in her control.<ref>See [https://tafsir.app/qurtubi/24/33 Tafsir Qurtubi 24:33] in particular; see also [https://tafsir.app/tabari/24/33 Tafsir al-Tabari 24:33], [https://tafsir.app/ibn-katheer/24/33 Tafsir Ibn Kathir 24:33], and [https://tafsir.app/24/33 Tafsirs 24:33] in general</ref>
 
==See Also==
{{Hub4|Rape|Rape}}
 
==External Links==
 
*{{external link|url= http://womanstats.wordpress.com/2013/01/16/the-high-rape-scale-in-saudi-arabia/|title= The High Rape-Scale in Saudi Arabia|publisher= WomanStats Project (blog)|author= |date= January 16, 2013|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwomanstats.wordpress.com%2F2013%2F01%2F16%2Fthe-high-rape-scale-in-saudi-arabia%2F&date=2013-07-13|deadurl=no}}


==References==
==References==
{{reflist}}
{{reflist}}
[[Category:Dhimma]]
[[Category:Shariah (Islamic Law)]]
[[Category:Shariah (Islamic Law)]]
[[Category:Women]]
[[Category:People of the Book]]
[[Category:Honor violence]]
[[Category:Marriage]]
[[Category:Sex]]
[[ru:Изнасилование в Исламе]]
[[Category:Human rights]]
[[Category:Human rights]]
[[Category:Slavery]]
[[Category:Islamic finance]]
[[ru:Джизья]]
[[bg:Джизя (Данък)]]
[[Category:Society and human nature]]
[[Category:Criticism of Islam]]
[[Category:Criticism of Islam]]
[[Category:Child Marriage]]
[[Category:Health]]
[[Category:Hudud (punishments)]]

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Jizyah or jizya (جزية) is the extra, lunar-yearly tax[1] imposed on non-Muslims (Dhimmis) who live under Muslim rule according to the Qur'an and hadith (quotes can be found at Qur'an, Hadith and Scholars:Jizyah). It is the the linchpin of the system of religious apartheid and Islamic supremacism which is the dhimma. Its payment is both a payment for the cessation of the state of Jihad upon the dhimmi, as well as a sign of the humiliation and degradation of the dhimmi before the authority of Islamic religion. The jizya itself was only one of many special taxes paid by non-Muslims to their Muslim governments, but amongst them it is the only one which was specifically delineated in the Qur'an. Other taxes on non-Muslims such as the kharaaj were often equated with and sometimes used interchangeably with the word jizya in Arabic and other languages of Islamic empires. Unlike with the other taxes, various other traditions of humiliation and abuse accompanied the jizya; the dhimma was required to pay it عن يد "'an yadin" that is "by hand" and صاغرون "saaghiruun" that is "humiliated/lowered/in subjugation." As such the traditional mufassirun have decreed that while paying the tax the dhimmi must receive blows about the head and/or neck from the Muslim collecting it to symbolize his humiliated state, and Islamic fuqahaa' (legal scholars) throughout the ages have reiterated the legislation of this humiliating practice throughout the ages. Upon payment of the tax the dhimmi would receive a receipt of payment, either in the form of a piece of paper or parchment or as a seal humiliatingly placed upon their neck, and was thereafter compelled to carry this receipt wherever he went within the realms of Islam. Failure to produce an up-to-date jizya receipt on the request of a Muslim could result in death or forced conversion to Islam of the dhimmi in question [2].

Definition

The jizya's origin is found in the Qur'an:

Fight those who believe not in Allah nor the Last Day, nor hold forbidden that 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 Jizyah with willing submission, and feel themselves subdued.
Quran 9:29

The text is clear that the tax is a sign of their submission to the Muslims. Its role is thus not only fiduciary but also social; it is a sign of vilification and humiliation which the person of the book under Muslim rule (id est, the dhimmi) must suffer as the price for the right to live under Muslim rule. The Arabic text is specific that the dhimmi must pay the jizya عن يد "'an yadin" that is "by hand" and صاغرون "saaghiruun" that is humiliated and lowered.

The institution of the dhimma and its linchpin the jizya is in Islamic fiqh part and parcel to the larger theory of Jihad in Islamic Law. Paying the tax is one of the three choices that Muslims imams (leaders) are to offer infidels before declaring jihad upon them:

"I call you to God and to Islam. If you respond to the call, then you are Muslims: You obtain the benefits they enjoy and take up the responsibilities they bear. If you refuse, then you must pay the jizyah. If you refuse the jizyah, I will bring against you tribes of people who are more eager for death than you are for life. We will then fight you until God decides between us and you." (Al Tabari, Volume XI)
Khalid bin Al-Waheed (Muslim General, 632AD)
Summon the people to God (id est to convert to Islam--WikiIslam Editor); those who respond to your call, accept it from them, but those who refuse must pay the poll tax out of humiliation and lowliness. If they refuse this, it is the sword without leniency. Fear God with regard to what you have been entrusted. (Al Tabari, Volume XII)
Umar ibn al-Khattab during the conquest of al-Basrah (636 CE)

Once a land is conquered by Islamic armies the ruler must impose a taxation on those non-Muslims who will not convert to Islam.

But I thought that we had nothing more to conquer after the land of Kesra [Persia], whose riches, land, and people Allah has given us. I have divided the personal possessions among those that conquered them after having subtracted a fifth, which under my supervision was used for the purpose for which it was intended. I thought it necessary to reserve the land and its inhabitants, and levy from the latter the kharaj by virtue of their land, and the capitation [jizya] as a personal tax on every head, this poll tax making up a fay in favor of the Muslims who have fought there, of their children and of their heirs.
Abu Yusuf Ya’kub, 189, Le Livre de l’Impôt Foncier (Kitab al-Kharadj), trans. and annotated by E. Fagnan (Paris: Paul Geuthner, 1921), English quotation in Ye’or, The Dhimmi 165


Jizyah is paid as a sign of submission and humiliation and gives Dhimmis some legal protection in return. Under dhimmitude (the status that Islamic law, the Sharia, mandates for non-Muslims) Dhimmis usually are not allowed to carry arms to protect themselves, serve in the army or government, display symbols of their faith, build or repair places of worship etc. Further stipulations can include the requirement for dhimmis to dress differently, live in inferior houses, use inferior transport, and oblige themselves to the feeding and housing of Muslims as needed. If the conquered do not wish to pay or convert, their fate may very well be slavery (under which, rape is permitted) or (as evidenced in the quotes above) death.

The amount of the Jizyah tax was based on income [3] and the way it was collected varied from time to time and from place to place, but when imposed, the forced payment of Jizyah greatly stimulated the conversion of non-Muslims into Islam.[4] In some cases the taxation of the non-Muslims was so profitable that some Islamic rulers discouraged their subjects from converting to Islam, lest they should lose their income.[5]

Historical Precedents and Influences

Jizyah was not entirely an Islamic initiative or the innovation of its prophet Muhammad. A certain form of Jizyah had existed among the tribes of Northern Arabia in pre-Islamic times. This fact is attested by the famous historian Philip. K. Hitti in his History of Arabs. Ghazw (غزو) or raiding others for feeding mouths was an accepted norm among the Bedouin tribes of that time. As Hitti noted, "Ghazw was a manly occupation of Bedouins where fighting mood was a chronic mental condition". For people among the tribes, everything that belonged to the other tribes guaranteeing material gain made a legitimate target. The context made it necessary for a weaker tribe or a sedentary settlement on the borderland to buy protection from the stronger tribe by paying what it then called Khuwwah which later became Jizyah in Muhammad’s Islam. Along with the booty acquired through raids and wars, Jizyah turned out to be a good source of income for believers.

The Jizya Verse and Commentary

The jizya is meant both as a means of exploiting the dhimmi community, and as method of humiliating them, as ibn Kathir makes clear in his tafsir on the jizya verse from surat-at-Taubah:


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.
Tafsir of Ibn Kathir on Qur'an 9:29

The jizyah is a sign of how miserable the dhimmis are, and as such good Muslims should avoid contact with them. Its function is thus not only to fill the coffers of the Islamic state, but also to seperate the Muslims from the dhimmis by way of the humiliation and villification of the later. In order that the seperation be maintained, the system of the dhimma includes many discriminatory laws meant to visual mark the dhimmis as different from the Muslims. In addition, the dhimmi is required to keep the receipt of his payment of the jizya at all times and to provide it upon request to Muslim officials. Failure to produce the receipt of payment for the jizya could result in fines, imprisonment, or even death depending on the time period and place of the infraction.

Approval from Islamic Scholars

The Muslims do not fight anyone until they have told them about the religion of Allaah and given them the choice between two things, either accepting Islam or, if they refuse Islam and keep their own religions, paying the Jizyah (tax) to the Muslims in return for protection. If they refuse both of these choices, then they are to be fought.
Sheikh Muhammed Salih Al-Munajjid
If some people persist in rejecting the religion of Allaah and stand in the way of ruling by that which Allaah has revealed on earth, or they fight against the call to Allaah, then we give them the choice of three things: Either they become Muslim; or if they refuse they pay the jizyah (whereby they pay a specified amount to the Muslims in return for being allowed to remain their land, and the Muslims undertake to protect them); or, if they refuse that, there is nothing left but the way which they themselves have chosen, which is fighting and dealing violently with those who have persecuted the Muslims and put obstacles in the path of the Islamic da’wah. In this way the Muslims will gain the upper hand and the enemies will be humiliated; then when we have killed and wounded many of them and gained the upper hand over them, we may take prisoners and bind a bond firmly on them.
Ahkaam al-Sijn wa’l-Sujana’ wa Mu’aamalat al-Sujana’ fi’l-Islam by Hasan Abi’l-Ghuddah, 256

Saudi Sheikh Muhammad bin Abd Al-Rahman Al-'Arifi, Imam of the mosque of King Fahd Defense Academy, imagines the coming Muslim conquest of the Vatican:

"… We will control the land of the Vatican; we will control Rome and introduce Islam in it. Yes, the Christians, who carve crosses on the breasts of the Muslims … will yet pay us the Jiziya [poll tax paid by non-Muslims under Muslim rule], in humiliation, or they will convert to Islam…"[6]
Saudi Sheikh Muhammad bin Abd Al-Rahman Al-'Arifi
"It may happen that the enemies of Islam may consider it expedient not to take action against Islam, if Islam leaves them alone in their geographical boundaries to continue the lordship of some men over others and does not extend its message and its declaration of universal freedom within their domain. But Islam cannot agree to this unless they submit to its authority by Jizyah..."
Milestones (Ma'alim 'ala Al-Tariq) p.73
Sayyid Qutb
This 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...

[The Islamic State] 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.
Commentary on Qur'an Chapter 9:29
Sayyid Abul Ala Maududi, Tafhim al-Qur'an

Jizyah in History

Not only Alamgir compiled Fatawa-u-Alamgiri, he re-imposed jizya (a tax on non-Muslims for protection under Muslim rule) that had been suspended by Akbar, destroyed some unauthorized temples and checked proselytizing activities of the Hindus.
The Historical Roots of Islamic Militancy in Pakistan and current scenario: Amicus
Mohammed Yousuf, Journal of Turkish Weekly, May 19, 2005
Once Muhammad Bin Qasim had established himself in Sindh he sent a letter to the Muslim Caliph in Damascus, seeking instruction as to how he should deal with the Hindus and Buddhists of the conquered area. The reply came that they be treated in accordance with the Quranic commandments relating to the People of the Book (Ahl-i-Kitab), the Jews and the Christians. Accordingly, the Buddhists and the Hindus of Sindh were to be given full freedom to practise their faiths, and their lives and property, including temples, were to be protected. In return, they were to pay a tax, the jizya. The old, the sick, children and priests were to be exempted from the tax. The non-Muslims were not obliged to perform military service, unlike the Muslims. Following these dictates, Muhammad Bin Qasim thus set a precedent which several other Muslim rulers after him followed.
Idolatry and the Taliban

The Ottoman empire imposed jizya on its Jewish and Christian subjects. Jizya collected from these communities was one of the main sources of income of the Ottoman treasury.[7] The empire abolished it in 1856, but this action was dubbed as "cosmetic" because they replaced it with bedel-i askeri, a tax on non-Muslims in return for their exemption from military services.[8][9]

Jizyah in the Modern World

The general plan of Hamas also includes the imposition of a special tax, called al-jeziya, upon all of the non-Muslim residents in the Palestinian territories. This tax revives the one applied through all of Islamic history to the dhimmi, the second-class Jewish and Christian citizens.
The Mayor of Bethlehem is Christian, but It’s Hamas That’s in Charge
Sandro Magister, Chiesa News, December 29, 2005
In the recent violence, residents of the Baghdad neighborhood of Dora said gunmen knocked on the doors of Christian families, demanding they either pay jizya — a special tax traditionally levied on non-Muslims — or leave. The jizya has not been imposed in Muslim nations in about 100 years.
Christians Fleeing Violence in Iraq
The Associated Press, Fox News, May 07, 2007
The Taliban in the North West Frontier Province (NWFP) have issued an ultimatum against local Hindus and Sikhs: either you pay “jizya”, an Islamic poll tax for religious minorities that is akin to protection money, or you leave. Many (more than 400)Hindu and Sikh families have already left for Peshawar and neighbouring provinces.

Threats against Sikhs and Hindus are but the latest in a series of warnings against religious minorities in the NWFP, including Christians who have had to pay jizya and submit to Sharia.

“We were living under fear: fear of the Taliban, fear of Lashkar-e-Islam and fear of other armed groups,” a Sikh man told the Daily Times
Hindus and Sikhs threatened by the Taliban and Sharia
Fareed Khan, Asia News, July 28, 2009
Eight members of the minority Christian community have been kidnapped in Pakistan's troubled Waziristan tribal region, reports said today. Militants and criminals in Pakistan's lawless tribal belt have targeted minorities like Hindus, Sikhs and Christians. There have been several instances of members of minority communities being abducted for ransom or forced to pay 'jiziya', a tax levied on non-Muslims.
2009 - Eight Christians kidnapped in Pakistan, Jizya May be Behind Abductions
A human rights organization has learned that a Christian businessman was shot eight times in the legs while driving through Lahore, Pakistan after refusing to pay protection money to a Muslim.

Mobeena, [the Christians sister], told ICC, “Suqlain is still free and hanging around. The government has done nothing to help us, even though my brother is a prominent businessman. We feel insecure, our children are too scared to go out anymore - please help us, we need justice.”
Christian Shot Eight Times for Refusing to Pay Protection Money
Jeremy Reynalds, ASSIST News Service, July 22, 2009
According to the [Chaldean Cultural Association for Peace in Iraq] association’s survey, property of at least 500,000 Christians were taken away and 200,000 Christians were forced to pay extortion money, while dozens others were kidnapped then released for ransom.

“Before 2003, there were around 2.1 million Christians in Iraq, but now there are not more than 500,000 of them,” Masho said.

He criticized the Iraqi government for being unable to protect Christians, and said that it did not even fulfill its promises to compensate them.
1960 Christians killed in Iraq since 2003 – survey
Aswat al-Iraq, December 26, 2009
This past year there have been several disturbing incidents in the neighborhood of outer Nørrebro. In October, a refugee from Africa had his door kicked in several times and was threatened by a group of youths who accused him of being both black and Christian.

He was given a deadline of less than a week to pay them 10,000 kroner (1,800 USD) if he wanted to live in the area. Police told him that they could no longer guarantee his safety in Mjølnerparken [Muslim ghetto in Copenhagen, Denmark]. When Lejerbo (the company renting out apartments in the area) found him, he was crying and had slept on the street.
On the other side of the fence
Nicolai Sennels (Translator), Weekendavisen (Danish daily, not online), March 1, 2012
Refugees who have fled to Jordan from Syria are telling mission leaders supported by Christian Aid Mission about deliberate, new persecution from the "Arab Spring" insurgents who are seeking to overthrow the brutal Assad regime in Damascus.
. . .

"It is over; we can't get back what we lost," said one discouraged Christian refugee here in Jordan. "It will never be the same anymore for me or my family. We've lost hope." He said he had to flee with his family at night, because anti-Christian persecution in Syria is becoming a steadily growing reality.

"I had my own business. I ran a supermarket, and we were financially stable. Unfortunately, that's not the case anymore. Our dreams vanished when a group of terrorists threatened to kill my family, burn our house, and set fire to the supermarket if I didn't pay them $7,000.

"I paid the amount, hoping that they would leave us alone, but they did not. Instead, they kidnapped me for a whole week. They only let me go on one condition: that each month I would pay them the same amount.

"What do you think I could do? I fled. I packed our stuff, taking only the basics. I took my family and came to Jordan. My son, Omar, has one year left to finish his bachelor's degree, but now his dreams have vanished as well. I used to be a business owner...but now I am a laborer who can hardly provide the day-to-day basics for my family."
Syrian Christian targeted in Syria
MNN, April 19, 2012
In Essa Nagri Christians are harassed by criminal gangs and Islamic terrorist groups of ethnic Pashtuns: armed to the teeth, the militants enter the area to collect the "Jizya" (the tax imposed, according to the sharia, on the non-Muslim minorities), and extort money from the Christian merchants. MASS activists have been denouncing for a long time continuous robberies, violence and abuses committed under the cover of some Police officials. Militants raid houses, steal and abuse women and children for fun.
ASIA/PAKISTAN - Attack in the Christian area: one victim and two injured in Karachi
Agenzia Fides, August 31, 2012
Around 69 families, approximately 500 Sikhs, were residing in Feroz Khail area of the agency. Most of them earned their living from cultivating crops and a few others from small makeshifts at a market, which were barely sufficient to make both ends meet.

Kalyan himself was picked up by militants and offered three options: To embrace Islam, to become part of their jihad or to pay a sum of Rs500 million.

“I could not even consider the first two options. I was released when residents intervened and the Sikh community paid Rs6.5 million as Jizya (protection money for non-Muslims),” Kalyan said.

Residents left the area within half an hour of the warning, leaving most of their valuables behind.
Militancy: When hundreds of Sikhs lost their homes in Orakzai
Umer Farooq, The Express Tribune, October 5, 2012

Other Islamic Taxes

Zakat

Muslims also had to pay a tax called Zakat. However, this zakat is a 2.5% tax, while the jizyah (which can vary) is about a 10% income tax (although it has been known to be as high as 50%). Muslims are obligated to pay this so-called "charity tax" even today, as its one of the five pillars of Islam. But, instead of paying it to the state, they now pay zakat to charities of their choice. It must however be noted that the majority of Islamic scholars are of the view that non-Muslims should not benefit from this alms giving,[10] which is why mainstream Islamic charities, like Islamic Relief, almost exclusively[11] focusing their humanitarian work in Muslim majority nations or areas in non-Muslim countries which are heavily populated by Muslim minorities. In the aftermath of the 2010 Pakistan floods, many Christian survivors were denied aid supplied by Muslim charities as a result.[12]

Devshirme

Devshirme (derived from , "collection, gathering"; called "collection of boys" or "blood tax" in Balkan countries in their native languages) was the systematic abduction of young boys from conquered Christian lands by the Ottoman sultans as a form of regular taxation in order to build a loyal slave army (formerly largely composed of war captives) and the class of (military) administrators called the "Janissaries", or other servants such as tellak in hamams. . Boys delivered to the Ottomans in this way were called ghilmán or acemi oglanlar ("novice boys").

Kharaj

Tax imposed on recent Islamic converts in the 7th–8th century. In Islamic territories, Jews, Christians, and Zoroastrians who did not convert to Islam were required to pay a tax called the jizya. Many people converted to Islam to avoid this tax or to escape the ban on non-Muslims owning land. As financial problems mounted for the Umayyad rulers, authorities imposed the kharaj as a property tax for recent converts. Popular opposition to the tax led to a revolt in 747 and precipitated the downfall of the Umayyad dynasty.
kharaj
The Encyclopædia Britannica

The Umayyad caliph Umar II made non-Arab converts to Islam pay kharaj as a compensation for the diminished jizya tax base.[13]

Some have said that jizya and kharaj were not significantly higher than the taxes collected in the pre-Islamic Byzantine and Sassanid empires. However:

A comparison between pre-Islamic documents and those of the Islamic period reveals that conquering Arabs increased the land taxation without exception. Thus, raising taxes of each acre of wheat field to 4 dirhams and each acre of barley field to 2 dirhams, whereas during reign of Khosro Anushiravan it used to be a single dirham for each acre of a wheat or barley field. During the later stage of Umayyad Caliphate, conquered and subjugated Persians were paying from one fourth to one third of their land produce to the Arab Empire as kharaj.
N. V. Pigulevskaya, A. Yu. Yakubovski, I. P. Petrushevski, L. V. Stroeva, A. M. Belenitski. The History of Iran from Ancient Times to the End of Eighteenth Century (in Persian), Tehran, 1967, p. 161.

Kharaj was also imposed on Hindu peasants of India during the rule of the Delhi Sultanate and the Mughals. Its value varied from 20 percent to 50 percent of the produce.[14]

Miscellaneous

  • The Hedaya, a 12th-century legal manual considered one of the most influential books of Hanafi Islamic law, states that a tithe on wine and pork should be collected from dhimmis and polytheists whenever they pass by any collector's office in an Islamic state.[15]
  • Rav akçesi, also called "rabbi tax," was imposed on Jewish communities in the Ottoman Empire.[16][17]
  • Mughal emperor Aurangzeb (1618-1707), known for persecuting non-Muslims under his rule, used to collect a customs duty called sair-jihat. It was applicable on the sale of sundry objects, including cloth, oil, grains, food, horses, camels, and animal skins.[18] The rate was fixed according to the religion of the payer. Hindu merchants paid 5 per cent, Christians 4 per cent and Muslims 2.5 per cent. Later, he exempted Muslims completely from this tax.[19]

See Also

Translations

  • A version of this page is also available in the following languages: Bulgarian. For additional languages, see the sidebar on the left.

External Links

Muslim websites

References

  1. ↑ Lewis B, Pellat, Ch, Schacht J,, 1991, , "Djizya," THE ENCYCLOPAEDIA OF ISLAM vol II Madison, E.J. Brill, Leiden, Netherlands, p.561
  2. ↑ Yeʼor., B., 2011. The decline of Eastern Christianity under Islam. Madison, NJ: Fairleigh Dickinson University Press, p.79
  3. ↑ Ye'or, Bat The Decline of Eastern Christianity Under Islam: From Jihad to Dhimmitude Cranbury, New Jersey, USA, Associated University Press, 1996, 77
  4. ↑ Jizya - Encyclopedia Britannica
  5. ↑ Hawting, G.R. The First Dynasty of Islam: The Umayyad Caliphate AD 661-750. Routledge. p. 77. ISBN 0-415-24073-5.
  6. ↑ The Next Pope and Islamic Prophecy frontpagemag.com
  7. ↑ Oded Peri; Gilbar (Ed), Gad (1990). Ottoman Palestine, 1800-1914 : Studies in economic and social history. Leiden: E.J. Brill. p. 287. ISBN 978-90-04-07785-0. "The jizya was one of the main sources of revenue accruing to the Ottoman state treasury as a whole."
  8. ↑ Stillman, Norman. The Jews of Arab lands: a history and source book. p. 97. ISBN 978-0-8276-0198-7.
  9. ↑ Gribetz, Jonathan Marc. Defining Neighbors: Religion, Race, and the Early Zionist-Arab Encounter. Princeton University Press. 22-09-2014. ISBN 140085265X.
  10. ↑ Haytham bin Jawwad al-Haddad, "The way of giving Zakat al-Fitr in non-Islamic Lands", IslamicAwakening, Article ID: 984, November 20, 2002 (archived), http://www.islamicawakening.com/viewarticle.php?articleID=984. 
  11. ↑ Islamic Relief and the Myth of Non-Discriminating Muslim Charity - TROP
  12. ↑ Pakistan: some Christians denied aid unless they convert to Islam - Catholic Culture, September 6, 2010
  13. ↑ Kennedy, Hugh. The Prophet and the Age of the Caliphates. Pearson. p. 107. ISBN 0-582-40525-4.
  14. ↑ K. S. Lal. Theory and Practice of Muslim State in India. Chapter IV: "Income of the State". Archived at [1]. Aditya Prakashan. 1999. ISBN 8186471723
  15. ↑ Marghinani. The Hedaya (Arabic) Translated by Charles Hamilton. Book I Chapter IV. p. 13.
  16. ↑ "Turcica: revue d'études turques, Volumes 24-25", Éditions Klincksieck, pp. 106, 1992, https://books.google.com/books?id=O3lpAAAAMAAJ&q=Rav+ak%C3%A7esi&dq=Rav+ak%C3%A7esi&hl=en&ei=ENqtTc77LZCp8APbtrSVAw&sa=X&oi=book_result&ct=result&resnum=5&ved=0CEEQ6AEwBA. 
  17. ↑ Veinstein, Gilles. Sur la draperie juive de Salonique (XVIe-XVIIe s.) "Revue du monde musulman et de la Méditerranée" 1992. v.66
  18. ↑ Abul Fazl. Ain-i-Akbari. Translated by Col. Henry Sullivan Jarrett (1891). Vol. II, p. 63.
  19. ↑ Manucci, Niccolao. Storia do Mogor also known as Mogul India 1603-1708, Vol. 2. pp. 415-417. Translated by William Irvine. London, J. Murray (1907).
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