Qur'an, Hadith and Scholars:Dhimma: Difference between revisions
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The "[[Dhimma]]" or "responsibility/protection" is the compact which the Islamic state makes for the "protection" of its non-Muslim subjects. According to British-Egyptian scholar Bat Ye'or <ref> Bat Ye'or, "Terres arabes: terres de 'dhimmitude'", in La Cultura Sefardita, vol. 1, La Rassegna mensile di Israel 44, no. 1-4, 3rd series (1983): 94-102</ref>, the dhimma is the continuation of [[Jihad]], the subjection of a non-Muslim people to the political rule of Islam. As part of the dhimma, the conquered people are humiliated and forced to pay for the very right to live through the [[jizya]]. The subjects of the dhimma or "protection" are the dhimmis, whose lives and religions are tolerated, though the dhimmis themselves are subject to numerous personal restrictions that reduce them to the state of 2nd class citizens, while their religion is neutered of any possible threat it could pose to Islam. The scholars are quite clear, in agreement with the Qur'an, that the dhimmis must feel themselves humiliated and subdued, never equals to Muslims. According to the scholars, it ought to apply to all non-Muslims living under Muslim rule at all times and should be the only choice given to all infidel people in the world besides conversion to Islam or death. As such the dhimma can be seen as an extension of the warlike state of the Islamic polity towards its conquered subjects, a never ending jihad to wipe [[kufr]] and [[shirk]] from the face of the earth. Although ISIS did attempt to bring back the dhimma in Iraq, this proved short-lived as their caliphate. Outside of extremists like ISIS, debate continues to take place in the Islamic scholarly world over the place of jizya and other dhimmi laws in modern Islamic societies. Although most of the injunctions against dhimmis, such as that they always give way to Muslims on the street, that their testimony in criminal court not be entered as evidence against a Muslims, that they wear special clothing, have not been enforced in most Islamic countries for decades (in most of the Middle East this came to a complete end with the collapse of the Ottoman Empire at the end of the first World War), Islamic scholars to this day do continue their calls for re-instatement of the dhimma upon non-Muslims as part of a continuation of Jihad. | |||
==Qur'anic Basis== | |||
===Curse the Kafir=== | ===Curse the Kafir=== | ||
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{{Quote|{{Quran|5|64}}|And the Jews say: The hand of Allah is tied up! Their hands shall be shackled and '''they shall be cursed for what they say.''' Nay, both His hands are spread out, He expends as He pleases; and what has been revealed to you from your Lord will certainly make many of them increase in inordinacy and unbelief; and We have put enmity and hatred among them till the day of resurrection; whenever they kindle a fire for war Allah puts it out, and they strive to make mischief in the land; and Allah does not love the mischief-makers.}} | {{Quote|{{Quran|5|64}}|And the Jews say: The hand of Allah is tied up! Their hands shall be shackled and '''they shall be cursed for what they say.''' Nay, both His hands are spread out, He expends as He pleases; and what has been revealed to you from your Lord will certainly make many of them increase in inordinacy and unbelief; and We have put enmity and hatred among them till the day of resurrection; whenever they kindle a fire for war Allah puts it out, and they strive to make mischief in the land; and Allah does not love the mischief-makers.}} | ||
{{Quote|{{Quran|9|30}}|The Jews call 'Uzair a son of Allah, and the Christians call Christ the son of Allah. That is a saying from their mouth; (in this) they but imitate what the unbelievers of old used to say. Allah's curse be on them: how they are deluded away from the Truth!}} | {{Quote|{{Quran|9|30}}|The Jews call 'Uzair a son of Allah, and the Christians call Christ the son of Allah. That is a saying from their mouth; (in this) they but imitate what the unbelievers of old used to say. Allah's curse be on them: how they are deluded away from the Truth!}} | ||
{{Quote|{{Quran-range|5|12|16}}| Allah did aforetime take a covenant from the Children of Israel, and we appointed twelve captains among them. And Allah said: “I am with you: if ye (but) establish regular prayers, practice regular charity, believe in my messengers, honor and assist them, and loan to Allah a beautiful loan, verily I will wipe out from you your evils, and admit you to gardens with rivers flowing beneath; but if any of you, after this, resisteth faith, he hath truly wandered from the path of rectitude.” | |||
But because of their breach of their covenant. We cursed them, and made their hearts grow hard; they change the words from their (right) places and forget a good part of the message that was sent them, nor wilt thou cease to find them—barring a few—ever bent on (new) deceits: but forgive them, and overlook (their misdeeds): for Allah loveth those who are kind. | |||
From those, too, who call themselves Christians, We did take a covenant, but they forgot a good part of the message that was sent them: so we estranged them, with enmity and hatred between the one and the other, to the day of judgment. And soon will Allah show them what it is they have done. | |||
O People of the Book! There hath come to you our Messenger, revealing to you much that ye used to hide in the Book, and passing over much (that is now unnecessary): There hath come to you from Allah a (new) light and a perspicuous Book, wherewith Allah guideth all who seek His good pleasure to ways of peace and safety, and leadeth them out of darkness, by His will, unto the light, guideth them to a path that is straight}} | |||
{{Quote|{{Quran-range|2|87|103}}|We gave Moses the Book and followed him up with a succession of messengers; We gave Jesus the son of Mary Clear (Signs) and strengthened him with the holy spirit. Is it that whenever there comes to you a messenger with what ye yourselves desire not, ye are puffed up with pride? Some ye called impostors, and others ye slay! They say, “Our hearts are the wrappings (which preserve Allah’s Word: we need no more).” | |||
Nay, Allah’s curse is on them for their blasphemy: Little is it they believe. And when there comes to them a Book from Allah, confirming what is with them, although from of old they had prayed for victory against those without Faith, when there comes to them that which they (should) have recognized, they refuse to believe in it but the curse of Allah is on those without Faith. Miserable is the price for which they have sold their souls, in that they deny (the revelation) which Allah has sent down, in insolent envy that Allah of His Grace should send it to any of His servants He pleases: Thus have they drawn on themselves Wrath upon Wrath. And humiliating is the punishment of those who reject Faith. | |||
When it is said to them. “Believe in what Allah Hath sent down,” they say, “We believe in what was sent down to us”: yet they reject all besides, even if it be Truth confirming what is with them. Say: “Why then have ye slain the prophets of Allah in times gone by. if ye did indeed believe?” | |||
There came to you Moses with clear (Signs); yet ye worshipped the calf (even) after that, and ye did behave wrongfully. And remember We took your covenant and We raised above you (the towering height) of Mount (Sinai), (saying): “Hold firmly to what We have given you, and hearken (to the Law).” They said: “We hear, and we disobey.” And they had to drink into their hearts (of the taint) of the calf because of their Faithlessness. Say: “Vile indeed are the behests of your Faith if ye have any faith!”. . . | |||
Say: Whoever is an enemy to Gabriel—for he brings down the (revelation) to thy heart by Allah’s will, a confirmation of what went before, and guidance and glad tidings for those who believe—whoever is an enemy to Allah and His angels and messengers, to Gabriel and Michael, lo! Allah is an enemy to those who reject Faith. We have sent down to thee Manifest Signs (ayat); and none reject them but those who are perverse. Is it not (the case) that every time they make a covenant, some party among them throw it aside? Nay. Most of them are faithless. And when there came to them a messenger from Allah, confirming what was with them, a party of the people of the Book threw away the Book of Allah behind their backs, as if (it had been something) they did not know! … If they had kept their Faith and guarded themselves from evil, far better had been the reward from their Lord, if they but knew!}} | |||
===The Place of the Dhimmi in Islamic Society=== | |||
{{Quote|{{Quran|9|29}}|Fight those who believe not in Allah nor the Last Day, nor hold that forbidden which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, '''until they pay the Jizya with willing submission, and feel themselves subdued.'''}} | |||
==Preferential Treatment of Muslims== | ==Preferential Treatment of Muslims== | ||
{{Quote|{{Bukhari|9|83|50}}|Narrated Abu Juhaifa: | |||
I asked 'Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Quran and the ability (gift) of understanding Allah's Book which He may endow a man, with and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that '''no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever)'''."}} | |||
{{Quote|{{Bukhari|1|3|111}}|Narrated Ash-Sha'bi: | |||
Abu Juhaifa said, "I asked Ali, 'Have you got any book (which has been revealed to the Prophet apart from the Qur'an)?' 'Ali replied, 'No, except Allah's Book or the power of understanding which has been bestowed (by Allah) upon a Muslim or what is (written) in this sheet of paper (with me).' Abu Juhaifa said, "I asked, 'What is (written) in this sheet of paper?' Ali replied, it deals with The Diyya (compensation (blood money) paid by the killer to the relatives of the victim), the ransom for the releasing of the captives from the hands of the enemies, and the law that '''no Muslim should be killed in Qisas (equality in punishment) for the killing of (a disbeliever)'''.}} | |||
{{Quote|{{Bukhari|4|52|283}}|Narrated Abu Juhaifa: | |||
I asked Ali, "Do you have the knowledge of any Divine Inspiration besides what is in Allah's Book?" 'Ali replied, "No, by Him Who splits the grain of corn and creates the soul. I don't think we have such knowledge, but we have the ability of understanding which Allah may endow a person with, so that he may understand the Qur'an, and we have what is written in this paper as well." I asked, "What is written in this paper?" He replied, "(The regulations of) blood-money, the freeing of captives, and the judgment that '''no Muslim should be killed for killing an infidel'''."}} | |||
{{Quote|{{Abu Dawud|39|4515}}|Narrated Ali ibn AbuTalib: Qays ibn Abbad and Ashtar went to Ali and said to him: Did the Apostle of Allah (peace be upon him) give you any instruction about anything for which he did not give any instruction to the people in general? He said: No, except what is contained in this document of mine. Musaddad said: He then took out a document. Ahmad said: A document from the sheath of his sword. It contained: The lives of all Muslims are equal; they are one hand against others; the lowliest of them can guarantee their protection. Beware, '''a Muslim must not be killed for an infidel,''' nor must one who has been given a covenant be killed while his covenant holds. If anyone introduces an innovation, he will be responsible for it. If anyone introduces an innovation or gives shelter to a man who introduces an innovation (in religion), he is cursed by Allah, by His angels, and by all the people. Musaddad said: Ibn AbuUrubah's version has: He took out a document.}} | {{Quote|{{Abu Dawud|39|4515}}|Narrated Ali ibn AbuTalib: Qays ibn Abbad and Ashtar went to Ali and said to him: Did the Apostle of Allah (peace be upon him) give you any instruction about anything for which he did not give any instruction to the people in general? He said: No, except what is contained in this document of mine. Musaddad said: He then took out a document. Ahmad said: A document from the sheath of his sword. It contained: The lives of all Muslims are equal; they are one hand against others; the lowliest of them can guarantee their protection. Beware, '''a Muslim must not be killed for an infidel,''' nor must one who has been given a covenant be killed while his covenant holds. If anyone introduces an innovation, he will be responsible for it. If anyone introduces an innovation or gives shelter to a man who introduces an innovation (in religion), he is cursed by Allah, by His angels, and by all the people. Musaddad said: Ibn AbuUrubah's version has: He took out a document.}} | ||
{{Quote|{{Abu Dawud|39|4527}}|Narrated Abdullah ibn Amr ibn al-'As: The value of the blood-money at the time of the Apostle of Allah (peace be upon him) was eight hundred dinars or eight thousand dirhams, and the blood-money for the people of the Book was half of that for Muslims. He said: This applied till Umar (Allah be pleased with him) became caliph and he made a speech in which he said: Take note! Camels have become dear. So Umar fixed the value for those who possessed gold at one thousand dinars, for those who possessed silver at twelve thousand (dirhams), for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. He left the blood-money for dhimmis (protected people) as it was, not raising it in proportion to the increase he made in the blood-wit.}} | |||
{{Quote|{{Abu Dawud|39|4527}}|Narrated Abdullah ibn Amr ibn al-'As: '''The value of the blood-money at the time of the Apostle of Allah (peace be upon him) was eight hundred dinars or eight thousand dirhams, and the blood-money for the people of the Book was half of that for Muslims'''. He said: This applied till Umar (Allah be pleased with him) became caliph and he made a speech in which he said: Take note! Camels have become dear. So Umar fixed the value for those who possessed gold at one thousand dinars, for those who possessed silver at twelve thousand (dirhams), for those who possessed cattle at two hundred cows, for those who possessed sheep at two thousand sheep, and for those who possessed suits of clothing at two hundred suits. He left the blood-money for dhimmis (protected people) as it was, not raising it in proportion to the increase he made in the blood-wit.}} | |||
{{Quote|{{Abu Dawud|20|3224}}|Narrated Bashir, the Client of the Apostle of Allah: Bashir's name in pre-Islamic days was Zahm ibn Ma'bad. When he migrated to the Apostle of Allah (peace be upon him). He asked: What is your name? He replied: Zahm. He said: No, you are Bashir. He (Bashir) said: When I was walking with the Apostle of Allah (peace be upon him) he passed by the graves of the polytheists. He said: They lived before (a period of) abundant good. He said this three times. He then passed by the graves of Muslims. He said: They received abundant good. The Apostle of Allah (peace be upon him) suddenly saw a man walking in shoes between the graves. He said: O man, wearing the shoes! Woe to thee! Take off thy shoes. So the man looked (round), When he recognized the Apostle of Allah (peace be upon him), he took them off and threw them away.|See Also {{Abu Dawud|20|3225}}}} | {{Quote|{{Abu Dawud|20|3224}}|Narrated Bashir, the Client of the Apostle of Allah: Bashir's name in pre-Islamic days was Zahm ibn Ma'bad. When he migrated to the Apostle of Allah (peace be upon him). He asked: What is your name? He replied: Zahm. He said: No, you are Bashir. He (Bashir) said: When I was walking with the Apostle of Allah (peace be upon him) he passed by the graves of the polytheists. He said: They lived before (a period of) abundant good. He said this three times. He then passed by the graves of Muslims. He said: They received abundant good. The Apostle of Allah (peace be upon him) suddenly saw a man walking in shoes between the graves. He said: O man, wearing the shoes! Woe to thee! Take off thy shoes. So the man looked (round), When he recognized the Apostle of Allah (peace be upon him), he took them off and threw them away.|See Also {{Abu Dawud|20|3225}}}} | ||
==Jizya Tax == | {{Quote|{{cite web quotebox|url= http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=92261 |title= Killing a Muslim in punishment for killing a non-Muslim|publisher= Islamweb |series= Fatwa No.92261|author= |date= August 1, 2006|archiveurl= http://www.webcitation.org/query?url=http%3A%2F%2Fwww.islamweb.net%2Femainpage%2Findex.php%3Fpage%3Dshowfatwa%26Option%3DFatwaId%26Id%3D92261+&date=2013-10-26|deadurl=no}}|First of all, you should know that '''a Muslim should not be killed for killing a belligerent non-Muslim according to the consensus of the scholars may Allaah have mercy upon them. According to the view of the majority of the scholars may Allaah have mercy upon them a Muslim should not be killed against a free non-Muslim under the Muslim rule.''' The evidence about this is the saying of the Prophet sallallaahu `alayhi wa sallam ( may Allaah exalt his mention ): | ||
"A Muslim should not be killed for killing a non-Muslim." [At-Tirmithi] | |||
Moreover, according to the view of the majority of the scholars may Allaah have mercy upon them the title (and rulings) “disbeliever” is applicable to a free non-Muslim under the Muslim rule. However, Abu Haneefah, and the scholars of his School of jurisprudence may Allaah have mercy upon them are of the view that a Muslim should be killed for killing a free non-Muslim under Muslim rule; their evidence is the two verses which the questioner mentioned. | |||
Nonetheless, '''the correct opinion is that of the majority of the scholars may Allaah have mercy upon them that is based on the above Prophetic narration, which is a direct proof related to the case of dispute'''. | |||
Allaah Knows best.}} | |||
==Jizya Tax== | |||
{{Main|Qur'an, Hadith and Scholars:Jizyah}} | {{Main|Qur'an, Hadith and Scholars:Jizyah}} | ||
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{{Main|Qur'an, Hadith and Scholars:Friendship with Non-Muslims}} | {{Main|Qur'an, Hadith and Scholars:Friendship with Non-Muslims}} | ||
==Treatment of Dhimmis == | ==Treatment of Dhimmis== | ||
===Jews and Christians=== | ===Jews and Christians=== | ||
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This is because they say: The fire shall not touch us but for a few days; and what they have forged deceives them in the matter of their religion.}} | This is because they say: The fire shall not touch us but for a few days; and what they have forged deceives them in the matter of their religion.}} | ||
{{Quote|{{Quran|8|49}}|Lo! the hypocrites say, and those in whose hearts is a disease: '''"These people,- their religion has misled them."''' But if any trust in Allah, behold! Allah is Exalted in might, Wise. }} | {{Quote|{{Quran|8|49}}|Lo! the hypocrites say, and those in whose hearts is a disease: '''"These people,- their religion has misled them."''' But if any trust in Allah, behold! Allah is Exalted in might, Wise. }} | ||
====Death is Ordained for Apostates==== | ====Death is Ordained for Apostates==== | ||
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{{Quote|{{Bukhari|4|52|288}}|Narrated Said bin Jubair: Ibn 'Abbas said, "Thursday! What (great thing) took place on Thursday!" Then he started weeping till his tears wetted the gravels of the ground . Then he said, "On Thursday the illness of Allah's Apostle was aggravated and he said, "Fetch me writing materials so that I may have something written to you after which you will never go astray." The people (present there) differed in this matter and people should not differ before a prophet. They said, "Allah's Apostle is seriously sick.' The Prophet said, "Let me alone, as the state in which I am now, is better than what you are calling me for." The Prophet on his death-bed, gave three orders saying, "'''Expel the pagans from the Arabian Peninsula''', respect and give gifts to the foreign delegates as you have seen me dealing with them." I forgot the third (order)" (Ya'qub bin Muhammad said, "I asked Al-Mughira bin 'Abdur-Rahman about the Arabian Peninsula and he said, 'It comprises Mecca, Medina, Al-Yama-ma and Yemen." Ya'qub added, "And Al-Arj, the beginning of Tihama.")}} | {{Quote|{{Bukhari|4|52|288}}|Narrated Said bin Jubair: Ibn 'Abbas said, "Thursday! What (great thing) took place on Thursday!" Then he started weeping till his tears wetted the gravels of the ground . Then he said, "On Thursday the illness of Allah's Apostle was aggravated and he said, "Fetch me writing materials so that I may have something written to you after which you will never go astray." The people (present there) differed in this matter and people should not differ before a prophet. They said, "Allah's Apostle is seriously sick.' The Prophet said, "Let me alone, as the state in which I am now, is better than what you are calling me for." The Prophet on his death-bed, gave three orders saying, "'''Expel the pagans from the Arabian Peninsula''', respect and give gifts to the foreign delegates as you have seen me dealing with them." I forgot the third (order)" (Ya'qub bin Muhammad said, "I asked Al-Mughira bin 'Abdur-Rahman about the Arabian Peninsula and he said, 'It comprises Mecca, Medina, Al-Yama-ma and Yemen." Ya'qub added, "And Al-Arj, the beginning of Tihama.")}} | ||
{{Quote|{{Muslim|19|4366}}|It has been narrated by 'Umar b. al-Khattib that he heard the Messenger of Allah (may peace be upon him) say: '''I will expel the Jews and Christians from the Arabian Peninsula and will not leave any but Muslim.'''}} | {{Quote|{{Muslim|19|4366}}|It has been narrated by 'Umar b. al-Khattib that he heard the Messenger of Allah (may peace be upon him) say: '''I will expel the Jews and Christians from the Arabian Peninsula and will not leave any but Muslim.'''}} | ||
'''Abu Dawud Volume 2 Number 2999:''' Mohammed expelled every Jew living in Medina. | '''Abu Dawud Volume 2 Number 2999:''' Mohammed expelled every Jew living in Medina. | ||
{{Quote|{{cite web|url=https://sunnah.com/abudawud/20/78 |title=Sunan Abu Dawud: Book 20 Hadith 78 (Hadith 2999 in English) |publisher= |author= |date= |archiveurl=http://web.archive.org/web/20140708220628/http://sunnah.com/abudawud/20/78 |deadurl=no}} |Ibn ‘Umar said “The Jews Al Nadir and Quraizah fought with the Apostle of Allaah, so the Apostle of Allaah expelled Banu Al Nadir and allowed the Quraizah to stay and favored them. The Quraizah thereafter fought (with the Prophet).” So he killed their men and divided their women, property and children among Muslims except some of them who associated with the Apostle of Allaah. He gave them protection and later on they embraced Islam. The Apostle of Allaah expelled all the Jews of Madeenah in Toto, Banu Qainuqa, they were the people of ‘Abd Allaah bin Salam, the Jews of Banu Harith and any of Jews who resided in Madeenah.}} | |||
'''Abu Dawud Volume 2 Number 3023, 3024, 3026:''' He commanded to expel the polytheists. | '''Abu Dawud Volume 2 Number 3023, 3024, 3026:''' He commanded to expel the polytheists. | ||
==Mocking | ==Mocking Kufar== | ||
{{Quote|{{Abu Dawud|41|4997}}|Narrated Aisha, Ummul Mu'minin: The Apostle of Allah (peace be upon him) used to setup a pulpit in the mosque for Hassan who would stand on it and satirise those who spoke against the Apostle of Allah (peace be upon him). The Apostle of Allah (peace be upon him) would say: The spirit of holiness (i.e. Gabriel) is with Hassan so long as he speaks in defence of the Apostle of Allah (peace be upon him).}} | {{Quote|{{Abu Dawud|41|4997}}|Narrated Aisha, Ummul Mu'minin: The Apostle of Allah (peace be upon him) used to setup a pulpit in the mosque for Hassan who would stand on it and satirise those who spoke against the Apostle of Allah (peace be upon him). The Apostle of Allah (peace be upon him) would say: The spirit of holiness (i.e. Gabriel) is with Hassan so long as he speaks in defence of the Apostle of Allah (peace be upon him).}} | ||
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'''Abu Dawud Volume 1 Book 2:''' At Banu al-Najjar the Muslims took over the land and dug up the graves of unbelievers looking for treasure. | '''Abu Dawud Volume 1 Book 2:''' At Banu al-Najjar the Muslims took over the land and dug up the graves of unbelievers looking for treasure. | ||
{{ | ==Miscellaneous== | ||
Umar b. al-Khattab, the second Rashidun caliph, made the following statement about dhimmis to his followers, cited by Hanafi scholar Abu Yusuf. | |||
{{Quote|{{cite web|url=https://books.google.co.in/books?id=PJNgCwAAQBAJ&dq=Muslims+would+not+find+a+man+to+talk+to+and+profit+from+his+labors&source=gbs_navlinks_s |title=The Myth of the Andalusian Paradise |publisher=Open Road Media |author=Darío Fernández-Morera |date= |archiveurl= |deadurl=no}} ISBN 1504034694. See also [http://web.archive.org/web/20160918142008/https://world.wng.org/2016/09/life_as_a_dhimmi_in_medieval_islamic_spain].|Have you considered, if we take them [as slaves] and share them out, what will be left for Muslims who come after us? By God, the Muslims would not find a man to talk to and profit from his labors. The Muslims of our day will eat [from the work of] these people as long as they live, and when we and they die, our sons will eat their sons forever, as long as they remain, for they are slaves to the people of the religion of Islam as long as the religion of Islam shall prevail.}} | |||
==See Also== | ==See Also== | ||
{{Hub4|Dhimmitude|Dhimmitude}} | |||
==References== | ==References== | ||
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[[Category:QHS]] | [[Category:QHS]] | ||
[[Category: | [[Category:Dhimma]] | ||
[[Category:Islamic Law]] | [[Category:Shariah (Islamic Law)]] | ||
[[Category:Human rights]] | |||
[[Category:Kafir (infidel)]] | |||
[[Category:People of the Book]] | |||
[[Category:Jihad]] | |||
[[ar:القرآن_والحديث_والعلماء:_الذمة]] |
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The "Dhimma" or "responsibility/protection" is the compact which the Islamic state makes for the "protection" of its non-Muslim subjects. According to British-Egyptian scholar Bat Ye'or [1], the dhimma is the continuation of Jihad, the subjection of a non-Muslim people to the political rule of Islam. As part of the dhimma, the conquered people are humiliated and forced to pay for the very right to live through the jizya. The subjects of the dhimma or "protection" are the dhimmis, whose lives and religions are tolerated, though the dhimmis themselves are subject to numerous personal restrictions that reduce them to the state of 2nd class citizens, while their religion is neutered of any possible threat it could pose to Islam. The scholars are quite clear, in agreement with the Qur'an, that the dhimmis must feel themselves humiliated and subdued, never equals to Muslims. According to the scholars, it ought to apply to all non-Muslims living under Muslim rule at all times and should be the only choice given to all infidel people in the world besides conversion to Islam or death. As such the dhimma can be seen as an extension of the warlike state of the Islamic polity towards its conquered subjects, a never ending jihad to wipe kufr and shirk from the face of the earth. Although ISIS did attempt to bring back the dhimma in Iraq, this proved short-lived as their caliphate. Outside of extremists like ISIS, debate continues to take place in the Islamic scholarly world over the place of jizya and other dhimmi laws in modern Islamic societies. Although most of the injunctions against dhimmis, such as that they always give way to Muslims on the street, that their testimony in criminal court not be entered as evidence against a Muslims, that they wear special clothing, have not been enforced in most Islamic countries for decades (in most of the Middle East this came to a complete end with the collapse of the Ottoman Empire at the end of the first World War), Islamic scholars to this day do continue their calls for re-instatement of the dhimma upon non-Muslims as part of a continuation of Jihad.
Qur'anic Basis
Curse the Kafir
But because of their breach of their covenant. We cursed them, and made their hearts grow hard; they change the words from their (right) places and forget a good part of the message that was sent them, nor wilt thou cease to find them—barring a few—ever bent on (new) deceits: but forgive them, and overlook (their misdeeds): for Allah loveth those who are kind.
From those, too, who call themselves Christians, We did take a covenant, but they forgot a good part of the message that was sent them: so we estranged them, with enmity and hatred between the one and the other, to the day of judgment. And soon will Allah show them what it is they have done.
O People of the Book! There hath come to you our Messenger, revealing to you much that ye used to hide in the Book, and passing over much (that is now unnecessary): There hath come to you from Allah a (new) light and a perspicuous Book, wherewith Allah guideth all who seek His good pleasure to ways of peace and safety, and leadeth them out of darkness, by His will, unto the light, guideth them to a path that is straightNay, Allah’s curse is on them for their blasphemy: Little is it they believe. And when there comes to them a Book from Allah, confirming what is with them, although from of old they had prayed for victory against those without Faith, when there comes to them that which they (should) have recognized, they refuse to believe in it but the curse of Allah is on those without Faith. Miserable is the price for which they have sold their souls, in that they deny (the revelation) which Allah has sent down, in insolent envy that Allah of His Grace should send it to any of His servants He pleases: Thus have they drawn on themselves Wrath upon Wrath. And humiliating is the punishment of those who reject Faith.
When it is said to them. “Believe in what Allah Hath sent down,” they say, “We believe in what was sent down to us”: yet they reject all besides, even if it be Truth confirming what is with them. Say: “Why then have ye slain the prophets of Allah in times gone by. if ye did indeed believe?”
There came to you Moses with clear (Signs); yet ye worshipped the calf (even) after that, and ye did behave wrongfully. And remember We took your covenant and We raised above you (the towering height) of Mount (Sinai), (saying): “Hold firmly to what We have given you, and hearken (to the Law).” They said: “We hear, and we disobey.” And they had to drink into their hearts (of the taint) of the calf because of their Faithlessness. Say: “Vile indeed are the behests of your Faith if ye have any faith!”. . .
Say: Whoever is an enemy to Gabriel—for he brings down the (revelation) to thy heart by Allah’s will, a confirmation of what went before, and guidance and glad tidings for those who believe—whoever is an enemy to Allah and His angels and messengers, to Gabriel and Michael, lo! Allah is an enemy to those who reject Faith. We have sent down to thee Manifest Signs (ayat); and none reject them but those who are perverse. Is it not (the case) that every time they make a covenant, some party among them throw it aside? Nay. Most of them are faithless. And when there came to them a messenger from Allah, confirming what was with them, a party of the people of the Book threw away the Book of Allah behind their backs, as if (it had been something) they did not know! … If they had kept their Faith and guarded themselves from evil, far better had been the reward from their Lord, if they but knew!The Place of the Dhimmi in Islamic Society
Preferential Treatment of Muslims
"A Muslim should not be killed for killing a non-Muslim." [At-Tirmithi]
Moreover, according to the view of the majority of the scholars may Allaah have mercy upon them the title (and rulings) “disbeliever” is applicable to a free non-Muslim under the Muslim rule. However, Abu Haneefah, and the scholars of his School of jurisprudence may Allaah have mercy upon them are of the view that a Muslim should be killed for killing a free non-Muslim under Muslim rule; their evidence is the two verses which the questioner mentioned.
Nonetheless, the correct opinion is that of the majority of the scholars may Allaah have mercy upon them that is based on the above Prophetic narration, which is a direct proof related to the case of dispute.
Allaah Knows best.Islamweb, Fatwa No.92261, August 1, 2006, http://www.islamweb.net/emainpage/index.php?page=showfatwa&Option=FatwaId&Id=92261.
Jizya Tax
Friendship with Non-Muslims
Treatment of Dhimmis
Jews and Christians
Muslim recorded from Abu Hurayrah that the Prophet said, "Do not initiate the Salam to the Jews and Christians, and if you meet any of them in a road, force them to its narrowest alley." This is why the Leader of the faithful `Umar bin Al-Khattab, may Allah be pleased with him, demanded his well-known conditions be met by the Christians, these conditions that ensured their continued humiliation, degradation and disgrace.
The scholars of Hadith narrated from `Abdur-Rahman bin Ghanm Al-Ash`ari that he said, "I recorded for `Umar bin Al-Khattab, may Allah be pleased with him, the terms of the treaty of peace he conducted with the Christians of Ash-Sham: `In the Name of Allah, Most Gracious, Most Merciful. This is a document to the servant of Allah `Umar, the Leader of the faithful, from the Christians of such and such city. When you (Muslims) came to us we requested safety for ourselves, children, property and followers of our religion. We made a condition on ourselves that we will neither erect in our areas a monastery, church, or a sanctuary for a monk, nor restore any place of worship that needs restoration nor use any of them for the purpose of enmity against Muslims. We will not prevent any Muslim from resting in our churches whether they come by day or night, and we will open the doors [of our houses of worship] for the wayfarer and passerby. Those Muslims who come as guests, will enjoy boarding and food for three days. We will not allow a spy against Muslims into our churches and homes or hide deceit [or betrayal] against Muslims. We will not teach our children the Qur'an, publicize practices of Shirk, invite anyone to Shirk or prevent any of our fellows from embracing Islam, if they choose to do so. We will respect Muslims, move from the places we sit in if they choose to sit in them. We will not imitate their clothing, caps, turbans, sandals, hairstyles, speech, nicknames and title names, or ride on saddles, hang swords on the shoulders, collect weapons of any kind or carry these weapons. We will not encrypt our stamps in Arabic, or sell liquor. We will have the front of our hair cut, wear our customary clothes wherever we are, wear belts around our waist, refrain from erecting crosses on the outside of our churches and demonstrating them and our books in public in Muslim fairways and markets. We will not sound the bells in our churches, except discretely, or raise our voices while reciting our holy books inside our churches in the presence of Muslims, nor raise our voices [with prayer] at our funerals, or light torches in funeral processions in the fairways of Muslims, or their markets. We will not bury our dead next to Muslim dead, or buy servants who were captured by Muslims. We will be guides for Muslims and refrain from breaching their privacy in their homes.' When I gave this document to `Umar, he added to it, 'We will not beat any Muslim. These are the conditions that we set against ourselves and followers of our religion in return for safety and protection. If we break any of these promises that we set for your benefit against ourselves, then our Dhimmah (promise of protection) is broken and you are allowed to do with us what you are allowed of people of defiance and rebellion.' "Apostates (Ridda)
Have you not considered those (Jews) who are given a portion of the Book? They are invited to the Book of Allah that it might decide between them, then a part of them turn back and they withdraw.
Death is Ordained for Apostates
Instances of Punishments
Expulsions
Abu Dawud Volume 2 Number 2999: Mohammed expelled every Jew living in Medina.
Abu Dawud Volume 2 Number 3023, 3024, 3026: He commanded to expel the polytheists.
Mocking Kufar
Abu Dawud Volume 2 Footnote 1046: Muhammad sacrificed a camel to enrage the infidels.
Graves
Alleged miracle of Muhammad knowing which grave to dig up in order to find treasure. It is also permitted for Muslims to desecrate the graves of non-Muslims if they will benefit by doing so.
Abu Dawud Volume 1 Book 2: At Banu al-Najjar the Muslims took over the land and dug up the graves of unbelievers looking for treasure.
Miscellaneous
Umar b. al-Khattab, the second Rashidun caliph, made the following statement about dhimmis to his followers, cited by Hanafi scholar Abu Yusuf.
See Also
- Dhimmitude - A hub page that leads to other articles related to Dhimmitude
References
- ↑ Bat Ye'or, "Terres arabes: terres de 'dhimmitude'", in La Cultura Sefardita, vol. 1, La Rassegna mensile di Israel 44, no. 1-4, 3rd series (1983): 94-102
- ↑ Al-Ghazali (d. 1111). Kitab al-Wagiz fi fiqh madhab al-imam al-Safi’i, Beirut, 1979, pp. 186, 190-91; 199-200; 202-203. [English translation by Dr. Michael Schub.]