Dhimma: Difference between revisions

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[[File:Broken cross.jpg|thumb|Part of the regulations placed on Christians and Jews under the Dhimma system is that they are not allowed to repair or build anew their churches and synagogues - damaged architecture must remain so.]]
[[File:Broken cross.jpg|thumb|Part of the regulations placed on Christians and Jews under the Dhimma system is that they are not allowed to repair or build anew their churches and synagogues - damaged architecture must remain so.]]
   
   
The dhimma is the "pact of protection" entailing the social rights, responsibilities, and restrictions entailed by the status of being a dhimmi. According to orthodox [[Shari'ah (Islamic Law)|Islamic law]] (Shari'ah), those who are qualified for Dhimmi status within the Muslim society are the free (i.e non-slave) [[People of the Book|Christians, Jews, and Zoroastrians]].  Adherents of other religions, as well as those without religion, are asked to convert to [[Islam]]; if they refuse, they are to be [[Qur'an, Hadith and Scholars:Forced Conversion|forced to convert (or face execution, ''en masse'')]]. <ref>[http://www.islam-qa.com/index.php?ref=34770&ln=eng There is no compulsion to accept Islam] - Islam Q&A, Fatwa No. 34770</ref> However, historically, adherents of Hinduism, Buddhism, Sikhism, and other religions, have lived as Dhimmis within Muslim states.
The dhimma is the "pact of protection" entailing the social rights, responsibilities, and restrictions entailed by the status of being a "dhimmi." According to orthodox [[Shari'ah (Islamic Law)|Islamic law]] (Shari'ah), those who are qualified for Dhimmi status within the Muslim society are the free (i.e non-slave) [[People of the Book|Christians, Jews, and Zoroastrians]].  Adherents of other religions, as well as those without religion, are asked to convert to [[Islam]]; if they refuse, they are to be [[Qur'an, Hadith and Scholars:Forced Conversion|forced to convert (or face execution, ''en masse'')]]. <ref>[http://www.islam-qa.com/index.php?ref=34770&ln=eng There is no compulsion to accept Islam] - Islam Q&A, Fatwa No. 34770</ref> However, historically, adherents of Hinduism, Buddhism, Sikhism, and other religions, have lived as Dhimmis within Muslim states.


The dhimma as a whole is conceived of in the Islamic tradition as "protection" of the non-Muslim from the endless state of jihad. As such the Muslim jurists and scholars see it as a form of mercy and protection; in reality, though, the laws and strictures of the dhimma outlining legal discrimination against and limitations on religious minorities constitute a form of religious apartheid and second class citizenship. The limitations extend to but are not limited to freedom of speech, freedom of religion, freedom to marry the partner of one's choosing, freedom of movement, taxation without representation, the right to own and bear arms, and freedom from slavery and unpaid servitude. The implementation of these rules have varied over time, but Islamic scholars to this day continue to advocate for the implementation of the dhimma, and Islamist regimes in recent times such as the Islamic State, the Islamic Republic of Iran and the Islamic Emirate of Afghanistan continue to implement elements of the dhimma in the modern day.  
The dhimma as a whole is conceived of in the Islamic tradition as "protection" of the non-Muslim from the endless state of jihad.If the conquered do not wish to pay or convert, their fate may very well be slavery (under which, [[rape]] is permitted) or death. The Pact of Umar also declares that dhimmis are forbidden to ride horses and camels, and may only ride donkeys, and only on packsaddles, and imposes many other restrictions besides these, all of which are meant to humiliate and humble the dhimmi while rendering his religion not a threat to Islam. In return the dhimmi receives the right to live and own property in the Islamic state. As such the Muslim jurists and scholars see it as a form of mercy and protection; in reality, though, the laws and strictures of the dhimma outlining legal discrimination against and limitations on religious minorities constitute a form of religious apartheid and second class citizenship. The limitations extend to but are not limited to freedom of speech, freedom of religion, freedom to marry the partner of one's choosing, freedom of movement, taxation without representation, the right to own and bear arms, and freedom from slavery and unpaid servitude. The implementation of these rules have varied over time, but Islamic scholars to this day continue to advocate for the implementation of the dhimma, and Islamist regimes in recent times such as the Islamic State, the Islamic Republic of Iran and the Islamic Emirate of Afghanistan continue to implement elements of the dhimma in the modern day.  


According to the [[Qur'an]] and [[hadith]], the centerpiece of the dhimma contract is that the [[Jizyah]] tax must be paid by the dhimmis as a sign of submission. Legally, the payment of this tax grants the dhimmis some legal protection in return. As established by [[The Pact of Umar|the Pact of Omar]], 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, they must wear distinctive clothing which includes the Zunar (a kind of belt) wherever they go (which parallels the Nazi practice of making Jews wear yellow badges), etc. Many of these laws are still enforced today in Muslim countries, like Egypt and Saudi Arabia, which enforce various aspects of Shari'ah. If the conquered do not wish to pay or convert, their fate may very well be slavery (under which, [[rape]] is permitted) or death. The Pact of Umar also declares that dhimmis are forbidden to ride horses and camels, and may only ride donkeys, and only on packsaddles.
According to the [[Qur'an]] and [[hadith]], the centerpiece of the dhimma contract is that the [[Jizyah]] tax must be paid by the dhimmis as a sign of submission. Legally, the payment of this tax grants the dhimmis some legal protection in return. As established by [[The Pact of Umar|the Pact of Omar]], 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, they must wear distinctive clothing which includes the Zunar (a kind of belt) wherever they go (which parallels the Nazi practice of making Jews wear yellow badges), etc. Some of these laws are still enforced today in Muslim countries, like Egypt and Saudi Arabia, which enforce various aspects of Shari'ah, although the dhimma as a whole has not been enforced anywhere since the collapse of the Ottoman Empire after World War I.  




==Origins==
==Origins==


According to Islamic sources the pact of the dhimma originated with Muhammad himself after the battle of [[Khaybar]]. Muhammad, having defeated the Jews of the oasis, destroyed their forts, killed their leader, taken his wife as his own, tortured and killed various of their number in order to find their treasures, and cut down their palm trees, allowed the surviving Jews to remain there on the condition that they pay half their crop to him <Ref> Littman, G., 1985. The Dhimmi. 1st ed. Rutherford [N.J.]: Fairleigh Dickinson Univ. Pr., 44</Ref>. This was the beginning of the [[jizya]] and the dhimma. According to his biographer ibn S'ad, Muhammad would later write to a Christian ruler:
According to Islamic sources the pact of the dhimma originated with Muhammad himself after the battle of [[Khaybar]]. Muhammad, having defeated the Jews of the oasis, destroyed their forts, killed their leader, taken his wife as his own, tortured and killed various of their number in order to find their treasures, and cut down their palm trees, allowed the surviving Jews to remain there on the condition that they pay half their crop to him <ref> Littman, G., 1985. The Dhimmi. 1st ed. Rutherford [N.J.]: Fairleigh Dickinson Univ. Pr., 44</ref>. This was the beginning of the [[jizya]] and the dhimma. According to his biographer ibn S'ad, Muhammad would later write to a Christian ruler:


{{Quote|Sa’d, Kitab Al-Tabaqat Al-Kabir, vol. 1, 328-329.|I will not fight against you unless I write to you in advance. So, join the fold of Islam or pay the jizyah. Obey Allah and His Apostle and the messengers of His Apostle, honour them and dress them in nice clothes.… Provide Zayd with good clothes. If my messengers will be pleased with you, I shall also be pleased with you.… Pay three wasaq of barley to Harmalah… <Ref> Spencer, Robert. The History of Jihad: From Muhammad to ISIS (p. 42). Bombardier Books. Kindle Edition </Ref>}}
{{Quote|Sa’d, Kitab Al-Tabaqat Al-Kabir, vol. 1, 328-329.|I will not fight against you unless I write to you in advance. So, join the fold of Islam or pay the jizyah. Obey Allah and His Apostle and the messengers of His Apostle, honour them and dress them in nice clothes.… Provide Zayd with good clothes. If my messengers will be pleased with you, I shall also be pleased with you.… Pay three wasaq of barley to Harmalah… <Ref> Spencer, Robert. The History of Jihad: From Muhammad to ISIS (p. 42). Bombardier Books. Kindle Edition </Ref>}}
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<Ref>Spencer, Robert. The History of Jihad: From Muhammad to ISIS (p. 49). Bombardier Books. Kindle Edition.</Ref>}}
<Ref>Spencer, Robert. The History of Jihad: From Muhammad to ISIS (p. 49). Bombardier Books. Kindle Edition.</Ref>}}


This tripartite offer of death, paying the jizya and accepting the dhimma, or converting to Islam would be copied by Islamic conquerers throughout the ages, from Spain to Indonesia, and is still found today in the declarations of war and "invitation" by Islamic terrorist groups such as Al-Qaeda.
This tripartite offer of death, paying the jizya and accepting the dhimma, or converting to Islam would be copied by Islamic conquerors throughout the ages, from Spain to Indonesia, and is still found today in the declarations of war and "invitation" by Islamic terrorist groups such as Al-Qaeda.


==The Pact Of Umar==
==The Pact Of Umar==
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The Pact of Umar is a historical document preserved by Islamic historians such as Al-Tabari which lays out the rights and responsibilities of the non-Muslims living under the Islamic rule of the 2nd [[Rashidun Caliphs|Rashidun Caliph]] [[Umar]]. It is a document which was utilized frequently by later jurists dealing with the subject of the dhimma <ref>Citation needed</ref>.
The Pact of Umar is a historical document preserved by Islamic historians such as Al-Tabari which lays out the rights and responsibilities of the non-Muslims living under the Islamic rule of the 2nd [[Rashidun Caliphs|Rashidun Caliph]] [[Umar]]. It is a document which was utilized frequently by later jurists dealing with the subject of the dhimma <ref>Citation needed</ref>.


==Background==
==The Dhimma as Social Contract==
The law professor [[Antoine Fattal]] offered the following analysis of dhimmitude after close study of Islamic law:
The law professor [[Antoine Fattal]] offered the following analysis of dhimmitude after close study of Islamic law:


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