4,547
edits
Dhimma: Difference between revisions
Jump to navigation
Jump to search
→Dhimmitude
| [checked revision] | [checked revision] |
| Line 4: | Line 4: | ||
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>[https://web.archive.org/web/20070928010649/http://www.islam-qa.com/index.php?ref=34770&ln=eng] - Islam Q&A (Archived), 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>[https://web.archive.org/web/20070928010649/http://www.islam-qa.com/index.php?ref=34770&ln=eng] - Islam Q&A (Archived), 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.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 | 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 have continued to implement elements of the dhimma in the modern age. | ||
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. | 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. | ||
| Line 118: | Line 118: | ||
in the legal domain: a) the Islamic notion of protection; b) the notion of toleration; | in the legal domain: a) the Islamic notion of protection; b) the notion of toleration; | ||
in the economic domain: the notion of fay (booty); and | in the economic domain: the notion of fay (booty); and | ||
in the social domain: the notion of vilification.}}By Islamic protection, she refers to the operative theory of [[Jihad in Islamic Law]]. All people of the earth live in two realms: [[Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)]]. The residents of the Abode of War, Dar-al-Harb, are the harbis. Their blood is legal for the Muslims; that is they are allowed to kill them wherever they find them. This is natural state of the world according to the fuquha'. The dhimma, a cessation of this state, this constitutes protection from this never ending jihad. Instead of their [[Shirk]] being stomped out by force, their erroneous religions are allowed, graciously, to exist by the Muslims. As such, they ought in fact to be grateful for the dhimma <ref>Ye'or, Bat ''Understanding Dhimmitude'' RVP Publishers, New York, New York, USA, 2013, 95-96</ref>. By ''fay'' she uses the Arabic word (فيء) fay' which means the booty of war. | in the social domain: the notion of vilification.}}By Islamic protection, she refers to the operative theory of [[Jihad in Islamic Law]]. All people of the earth live in two realms: [[Dar al-Harb and Dar al-Islam (the Abodes of War and Peace)]]. The residents of the Abode of War, Dar-al-Harb, are the harbis. Their blood is legal for the Muslims; that is they are allowed to kill them wherever they find them. This is natural state of the world according to the fuquha'. The dhimma, a cessation of this state, this constitutes protection from this never ending jihad. Instead of their [[Shirk]] being stomped out by force, their erroneous religions are allowed, graciously, to exist by the Muslims. As such, they ought in fact to be grateful for the dhimma. This "right" granted by the dhimma is the right to life, which is contingent on the payment of the [[Jizyah]] poll tax. Most of the jurists agree that failure to this tax must result in the continuation of the state of jihad upon the dhimmi, that is in his death <ref>Ye'or, Bat ''Understanding Dhimmitude'' RVP Publishers, New York, New York, USA, 2013, 95-96</ref>: | ||
{{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, 168.|The wali [governor of a province] is not allowed to exempt any Christian, Jew, Magean, Sabaen, or Samaritan from paying the tax, and no one can obtain a partial reduction. It is illegal for one to be exempted and another not, for their lives and belongings are spared only because of payment of the poll tax. [. . .]3}} | |||
By ''fay'' she uses the Arabic word (فيء) fay' which means the booty of war. | |||
<br /> | <br /> | ||