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In the Name of God بسم الله

Jizya for Christians

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It was said that this was one of the first letters sent to the leaders to accept Islam by Muhammed Mustafa sawa. Translation of this letter is accepted as this:

"In the name of God, the Compassionate, the Merciful.
From Muhammad, messenger of God, to Munzir bin Sawa. May peace be on you! I praise God, who is One and there none to be worshipped but except him. I bear evidence to the Oneness of God and that I am a servant of God and his messenger. Thereafter I remind you of God. Whoever accepts admonition does it for his own good. Whoever followed my messengers and acted in accordance their guidance; he, in fact, accepted my advice. My messengers have highly praised your behavior. You shall continue in your present office. You should remain faithful to God and his messenger.
I accept your recommendation regarding the people of Bahrain. I forgive the offences of the offenders. Therefore, you may also forgive them. Of the people of Bahrain, whoever want to continue in their Jewish or Majusi faith, should be made to pay Jizya.
"

We know that there were a lot of Christians in Bahrain, mostly Nestorians, but they were not mentioned to pay Jizya.

There's another document about St Catherine monestery on Sinai Mountain, in which Muslims were ordered not to attack that monestery and, in case somebody attacks them, to protect it.

If these two documents are authentic then we should ask if Christians (or some of them) have to pay Jizya. We should also think about the statement in the Qur'an that from all of the people ones who'll be (who are) nearest in love and affection to us Mu'minoon are those who say "We are indeed Nasara" and what was said till the end of ayet.

I don't see any reason that ones of Christians who reject trinity (as Nestorians rejected that Meryem s.a. gave birth to "god") cannot be accepted as mu'minoon and/or have to pay Jizya.

Those who're following what Allah swt revealed in the Qur'an should not strive for sunnis and shi'as to become one ummah, instead we should strive that all who are accepting One God, God of Ibrahim a.s. become one ummah. There're a lot of sunnis and shi'as who don't believe in the Qur'an and/or not accepting what is in its ayets as Haqq, and are looking for some other deen then one from Allah swt in the Qur'an.

Allah swt knows best.

Muhammad_Bahrain_letter_facsimile.png

Edited by Aladin from Azra tribe
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1 hour ago, Aladin from Azra tribe said:

It was said that this was one of the first letters sent by leaders to accept Islam by Muhammed Mustafa sawa. Translation of this letter is accepted as this:"

Allah swt knows best.

Muhammad_Bahrain_letter_facsimile.png

Another example of super revisionist Fiqh.

Edited by starlight
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Yeah, and your fiqh is telling to the people that what they read in the Qur'an about Christians is not what they found amongs Muslims. Maybe that's why some of those who come close to your fiqh go back to Christianity.

Don't talk to the people that Islam is something different then what is in the Qur'an and what is real sunnah of Muhammed Mustafa sawa. They'll see that all you're offerering is just a joke, something unreal.

Only reality (haqq) is with Allah swt and His Qawl is all we have to hear, if we're not deaf with our qalb.

Rabbenna, join mu'minoon amongs Muslims and mu'minoon amongs Nasara to liberate Constantiniya.

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1 hour ago, Aladin from Azra tribe said:

It was said that this was one of the first letters sent to the leaders to accept Islam by Muhammed Mustafa sawa. Translation of this letter is accepted as this:"

 

Allah swt knows best.

Muhammad_Bahrain_letter_facsimile.png

So you finally showed your true ISIS face, eh?

Edited by starlight
No need to quote entire posts
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ISIS is killing Nasara, marking them with letter "noon" before that. You probably said that 'cause of the seal at the bottom. I don't know if this document is authentic or not, but it showed me what is not there about some of the Christians and what is in the Qur'an about some of them.

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6 hours ago, Aladin from Azra tribe said:

Yeah, and your fiqh is telling to the people that what they read in the Qur'an about Christians is not what they found amongs Muslims. Maybe that's why some of those who come close to your fiqh go back to Christianity.

Don't talk to the people that Islam is something different then what is in the Qur'an and what is real sunnah of Muhammed Mustafa sawa. They'll see that all you're offerering is just a joke, something unreal.

Only reality (haqq) is with Allah swt and His Qawl is all we have to hear, if we're not deaf with our qalb.

Rabbenna, join mu'minoon amongs Muslims and mu'minoon amongs Nasara to liberate Constantiniya.

Ha. Lol what nonsense.

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Point of this thread is: if this document is authentic and it wasn't said that Christians from Bahreyn have to pay jizya and it was said that Jews and Zoroastrians have to pay it, then does this mean that at least some of Christians are excluded from this?

Besides this, there are other documents presented as authentic, as one about monestery st. Catherina on Mt. Sinai, and there are many ayets in the Qur'an, which are talking that Christians and Jews are not same to us Muslims, or at least some of the Christians.

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If they are considered the same as Muslims and therefore exempt from jizya, then they have to pay khums and zakat. For practical purposes, it should make little or no difference. The reality is that some "Muslim" leaders have historically used taxation (excessive amounts in the name jizya) to coerce conversions. 

Christians are referred to in the Quran as closest to Muslims in belief. They aren't so different from us. 

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51 minutes ago, Aladin from Azra tribe said:

Any order from the Qur'an is obligation till Es-Sa'at (End of Times). I haven't saw that there's any country which is islamic.

I don't care how the people call me, if I don't find that name is what I am.

I haven't seen a country that is Christian either.

As I understand it, jizya was to be a tax. The taxes went to everything taxes still go for, developement, services, protection.

Over and above, A Christian is still obligated to a tithe, Like Zakat, but not "enforced", as per se. Of course it is pressured because it's all supposed to go to the church. They give you envelopes you can write your name on. Gives the church an idea of your financial situation, which helps in planning their next expansion. Actually, many churches sponsor missionaries to go to remote areas to build schools, drill wells, support the people and teach them their religion.

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@Son of Placid

If a Christian or Jew lives in an Islamic state, then he have to pay the jizya, though there are many rules and regulations for it. These type of people under an Islamic state are called dhimmis (the protected people).

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When non Muslim citizens live under Islamic sovereignty, they enjoy a special status and are known along with other minorities as ahl adh dhimma or dhimmis. Dhimma is an Arabic word, which means safety, security, and contract. Hence, they are called dhimmis because they have agreed to a contract by Allah, His Messenger, and the Islamic community, which grants them security. This security granted to dhimmis is like the citizenship granted by a government to an alien who abides by the constitution, thereby earning all the rights of a natural citizen. Thus, upon the preceding basis, a dhimmi is a citizen of the Islamic state, as described by Muslim jurists (See the commentary on As-Sarakhi's As-Siyar Al-Kabir, Volume 1, p. 140; Al-Kasani's Al-Bada'i', Volume 5, p. 281 and Ibn Qudamah's Al-Mughni, Volume 5, p. 516) or a bearer of Islamic nationality, as described by contemporary writers. (See 'Awda, 'Abdul Qadir, Islamic Criminal Legislation, Volume 1, p. 307; Zaydan, 'Abdul Karim, "Ahkam Adh-Dhimmiyyin Wa Al-Musta'minin Fi Dar Al-Islam," pp. 49-51 and 63-66)

 

What is the jizya?

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It is the duty that a non-Muslim has to pay in order to live in the Muslim land. (Ibn Qudamah, Al Mughni, Volume 12, p. 756)

Who is not required to pay the jizya?

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Any aged non-Muslim who is unable to earn his livelihood, or is struck by disaster, or who becomes destitute and is helped by the charity of his fellow men will be exempted from the capitation tax and will be supplied with sustenance by the bait al-mal (the government treasury). (Abu Yusuf, Al-Kharaj, p. 144)

 

We have returned your money to you because we have been informed of the gathering of the enemy troops. You people, according to the conditions stipulated in the contract, have obliged us to protect you. Since we are now unable to fulfill these conditions, we are returning your money to you. We will abide by the conditions as agreed upon if we overcome the enemy. (Related by Abu Yusuf in Al-Kharaj)

 

 

Thus, a huge amount was taken from the state treasury and returned to the Christians, making them very happy. They prayed for and blessed the Muslim commanders. They exclaimed,

 

 

"May Allah help you to overcome your enemies and return you to us safely. If the enemy were in your place, they would never have returned anything to us, but rather they would have taken all our remaining property.(Imam Tabari, Tarikh At-Tabari, Volume 1, p. 2050)

 

There are conditions which may exempt non-Muslims from paying the Jizyah tax, which could be summarized as follows:

 

-          Women and children are excused absolutely

-          Handicapped, blind and old men, even if they are rich

-          Needy and mad-men

-          Day laborers, servants or wageworkers

-          A chronically ill-man even if he is rich

-          Religious people who keep themselves free for praying and worshipping, i.e. men of churches, cloisters and oratories

-          If a non-Muslim voluntarily participates in military service for protecting the country.

-          If the Islamic state becomes unable to protect non-Muslims, then they are legally exonerated from paying the tax. (See Ibnul Qayyim, Ahkam Ahlul Dhimma, Volume1, pp.8, 15 and al-Shafi', al-Umm¸ pp. 172-1)

 

Ali ibn Abi Talib, the fourth Caliph, said:

 

"They pay capitation tax so that their properties and lives may be as ours." (Al-Mughni, Volume 8, p. 445, Al-Bada'i', Volume 7, p. 111 quoting from Ahkam Adh-Dhimmiyin Wa Al-Musta'minin, p. 89)

  

Jizya ensures the safety of the disbelievers in the Muslim land. (Wahba Al Zuhayli, Al Fiqh Al Islami wa adilatuhu, p. 5879)

 

Imam al Maawirdi said that the two main rights that the Muslims must give the dhimmis is that we don't harm them and we ensure their protection by fighting for them. (Al Ahkaam Al Sultaania, p. 143) Imam Nawawi states the same thing. (Mughni al Muhtaaj, Volume 4, p. 253) Imam Al Quraafi gives a statement from Ibn Hazm who stated that if any non-Muslim was under the protection of the Muslims and then the enemy comes to the Muslim land in order to harm the non Muslim, the Muslims should go out and fight the enemy with their weapons and die fighting for those that come under the protection of Allah and His Messenger. (Al Furooq, Volume 3, p. 14-15)

 

 

"The ruler of the Muslim community is bound to protect the non-Muslims and to save them from aggression. Should they fall into captivity, the Imam must martial all the resources to secure their release and punish the transgressors against their lives and properties even if they were the sole non-Muslims living in a remote village." (Ibn Al Najaar Al Hanbali, Matalib Ula An-Nuha, Volume 2, p. 602-603)

 

In his book Al Furuq, Imam Al Qarafi al-Malaki, quoting from Maratib Al-Ijma' by Ibn Hazm, states:

 

 

"Muslims who have entered into a pact of dhimma, should fight until death with those who try to oppress non-Muslims in the Islamic state in order to abide by the guarantee given to them by Almighty Allah and His Messenger, upon whom be peace. Otherwise they will be considered as traitors."

 

The Maliki scholar Shihab al-Din al-Qarafi has stated in his book Al-Furuq,

 

"The contract of dhimma gives them certain rights over us because they are in our land under our protection and under the protection of Almighty Allah, His Messenger, and the Islamic religion. (Volume 2, p. 14)

"As for this aforementioned practice (hay'ah), I know of no sound support for it in this respect, and it is only mentioned by the scholars of Khurasan. The majority (jumhur) of scholars say that the Jizyah is to be taken with gentleness, as one would receive a debt (dayn). The reliably correct opinion is that this practice is invalid and those who devised it should be refuted. It is not related that the Prophet or any of the rightly-guided caliphs did any such thing when collecting the Jizyah." (Rawdat al-Talibin, Volume 10, p.315-16)

Ibn Qudama also said that the Prophet (peace be upon him) and the four caliphs said that taking the Jizyah should be done with gentleness and respect. (Al-Mughni, Volume 4, p.250)

The scholars of Islam have formed a consensus in that it is permissible to take the Jizyah from Non-Muslims in the name of charity. For, one time there were Non-Muslims who insisted that Umar ibn Al Khattab agree to take the Jizyah from them after they called it charity and he accepted. (Ibn 'Abideen, al-Hashiya, Volume 3, p. 432. Ibn Rushd, Bidaayat al Mujtahid, Volume 6, p. 101. Ibnul Qayyim, Zad Al Ma'aad, Volume 3, page 643. Ibn Qudama, Al Mughni, Volume 10, p. 590-91)

 

 

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The caliph Umar ibn Abdul Aziz ensured that those from the dhimmis who grew old and lost strength were provided with money from the treasury. (Al Amwaal, Volume 1, p. 170)

In his book, Al-Minhaj, Imam An-Nawawi said:

 

 

One of the duties of fard kifayah (the Islamic term for collective duty) is that a citizen should be supported if he has no suitable clothes, and that he should be fed if he has no food and is not supported from the poor fund or the government treasury.

 

'Allama Shams ad-Din ar-Ramili ash-Shafi'i in his book, Nihaya Al-Muhtaj lla Sharh Al-Minhaj makes it clear that non-Muslims are like Muslims in this regard and that their protection from suffering is an obligation upon the Islamic society. He further explains that there are two opinions on this issue: (1) To provide non-Muslims with the means to protect their lives and, (2) To provide suitable provision. As the second is more recognized, they should be given suitable dress and suitable food according to summer and winter seasons, including medicine, treatment, and servant charges. The Muslims should also struggle to free their non-Muslim warriors from prison. (Yusuf Al Qaradawi, Non Muslims in the Islamic Society, p. 8-9)

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During Umar ibn al Khattab's caliphate, a delegate once came to him from one of the lands where Muslims ruled over the dhimmis and Umar was worried about how the Muslims were treating the dhimmis so he asked the man whether the dhimmis were fine and the delegate assured Umar that they were. (Taareekh at- Tabari, Volume 2, p. 503)

"They are not slaves, so beware of changing their status after they have lived in freedom.  They are free People of the Covenant." (Abu Ubayd, al-Amwaal, p. 170, 171 & Dr. Abd al-Karim Zaydan, Ahkam al-Dhimmiyin wal-Musta'minin, p. 77)

 

It is not only a matter of protecting the dhimmis from physical harm, but also from slander and backbiting. For it is not allowed for one to speak badly about the dhimmis for no justifiable reason as with towards the Muslims. (Al Furooq, Volume 3, p. 14)

 

"Backbiting about a kaafir is haraam if he is a dhimmi [a non-Muslim living under Islamic rule], because that puts them off from accepting the Jizyah and it is going against the treaty of dhimmah (agreement between non-Muslim subjects and the Islamic state) and the words of the Prophet (peace and blessings of Allaah be upon him). 'Whoever makes a snide comment to a dhimmi has earned Hell.' (Narrated by Ibn Hibbaan in his Saheeh). It is permissible (to backbite about a kaafir) if he is a harbi (one who is at war with the Muslims), because the Prophet (peace and blessings of Allaah be upon him) used to command Hassaan to lampoon the mushrikeen." (Asna al-Mutaalib ma'a Haashiyatihi, Volume 3, p. 116)

 

 

Ahmad ibn Hajar al-Haythami said in al-Zawaajir 'an Iqtiraaf al-Kabaa'ir (Volume 2, p. 27):

 

 "Al-Ghazaali was asked about backbiting about a kaafir. He said: with regard to a Muslim, it is forbidden for three reasons: causing offence; criticizing the creation of Allaah, for Allaah is the Creator of the deeds of His slaves; and wasting time in something that is of no benefit. The first is haraam, the second is makrooh, and the third is not the best thing that one can do. With regard to the dhimmi, he is like the Muslim as far as not harming him is concerned, because the Lawgiver protects his honour, blood and property. It was said in al-Khaadim, the first view is correct. Ibn Hibbaan narrated in his Saheeh that the Prophet (peace and blessings of Allaah be upon him) said, 'Whoever makes a snide comment to a Jew or a Christian deserves Hell.' The meaning of making a snide comment is to make someone hear something that will cause offence to him. There is no stronger evidence than this, i.e., it is haraam. Al-Ghazaali said: with regard to the harbi, the former is not haraam, and the second and third are makrooh. With regard to one who commits bid'ah (innovation), if he is becomes a kaafir thereby, then he is like a harbi, otherwise he is like a Muslim, but speaking of him with regard to his bid'ah is not makrooh. Ibn al-Mundhir said, concerning the words of the Prophet (peace and blessings of Allaah be upon him), "It is your mentioning about your brother that which he dislikes," - this indicates that in the case of one who is not your brother, such as a Jew or a Christian or a follower of any other religion, or one whose bid'ah has put him beyond the pale of Islam, there is no backbiting in his case."

 

Al Hassan is reported to have said that when you want to give your condolences to a Dhimmi who lost someone (someone died) tell him 'Nothing befalls you except good.' (Ibnul Qayyim, Ahkam Ahlul Dhimma, Volume 1, p. 161)

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Umar ibn Abdulaziz, a Muslim ruler, found it hard to accept how non-Muslims continued to follow their social regulations that went against the Islamic injunctions.  He wrote a letter to Hasan al-Basri seeking his legal advice, saying, 'How is it that the Rightly-Guided Caliphs before us left the People of the Covenant as they did, marrying close relatives and keeping pigs and wine?'  Hasan's responded, 'They paid the jizya so that they could be left to practice what they believed, and you may only follow the Islamic Law, not invent something new.' (Maududi, Abul 'Ala, 'The Rights Of The People of Covenant In The Islamic State,' p. 22)

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May Allah swt rewards you for your detailed answer.

My point was: if there's possibility that some of Christians (and others) can be excluded from paying jizya if we accept them as mu'minoon, but not Muslims (as nation, ummah). If document due to which I started this topic is valid, it shows that Christians who were living in Bahreyn at that time were excluded for paying jizya.

I don't see that there's any Islamic country, because country and islamic cannot be merged, unless it's khilafet, and there are not much Muslim communities which should apply this rule (no matter what the rule is). What I see as important is accepting some of Christians as mu'minoon, as equal or near us, as stated in 2:137

"Then, if they confirm (amenu) similar to what you confirm (amentum), then they're guided ones..."

It wasn't said "same as you", but "similar". And if they're guided (to the Right Path) do we have right to ask for jizya from them.

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On 12/12/2016 at 0:56 AM, Son of Placid said:

I haven't seen a country that is Christian either.

As I understand it, jizya was to be a tax. The taxes went to everything taxes still go for, developement, services, protection.

Over and above, A Christian is still obligated to a tithe, Like Zakat, but not "enforced", as per se. Of course it is pressured because it's all supposed to go to the church. They give you envelopes you can write your name on. Gives the church an idea of your financial situation, which helps in planning their next expansion. Actually, many churches sponsor missionaries to go to remote areas to build schools, drill wells, support the people and teach them their religion.

Tithe is optional, however, Zakaat is obligatory on those who have the means to pay it. There is a punishment in the afterlife for those who don't pay zakaat. 

Narrated Abu Huraira: Allah's Apostle said, "Anyone whom Allah has given wealth but he does not pay its Zakat, then, on the Day of Resurrection, his wealth will be presented to him in the shape of a bald-headed poisonous male snake with two poisonous glands in its mouth and it will encircle itself round his neck and bite him over his cheeks and say, "I am your wealth; I am your treasure." Then the Prophet recited this Divine Verse:-- "And let not those who covetously withhold of that which Allah has bestowed upon them of His Bounty." (3.180) 
Sahih Bukhari - (Book #60, Hadith #88)

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3 minutes ago, Kamaaluddeen al-Ismail said:

Narrated Abu Huraira: Allah's Apostle said, "Anyone whom Allah has given wealth but he does not pay its Zakat, then, on the Day of Resurrection, his wealth will be presented to him in the shape of a bald-headed poisonous male snake with two poisonous glands in its mouth and it will encircle itself round his neck and bite him over his cheeks and say, "I am your wealth; I am your treasure." Then the Prophet recited this Divine Verse:-- "And let not those who covetously withhold of that which Allah has bestowed upon them of His Bounty." (3.180) 
Sahih Bukhari - (Book #60, Hadith #88)

No matter what Ebu Hureyra, or others in the chain of that narration, told, this ayet has no relation to what he said. If we continue reading this mubarek surah, we can clearly see that it's about the Jews.

I haven't found anywhere in the Qur'an that any word from Ebu Hureyra or Bukhari should be obligation to us, have you?

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On 12/10/2016 at 4:03 PM, Aladin from Azra tribe said:

It was said that this was one of the first letters sent to the leaders to accept Islam by Muhammed Mustafa sawa. Translation of this letter is accepted as this:

"In the name of God, the Compassionate, the Merciful.
From Muhammad, messenger of God, to Munzir bin Sawa. May peace be on you! I praise God, who is One and there none to be worshipped but except him. I bear evidence to the Oneness of God and that I am a servant of God and his messenger. Thereafter I remind you of God. Whoever accepts admonition does it for his own good. Whoever followed my messengers and acted in accordance their guidance; he, in fact, accepted my advice. My messengers have highly praised your behavior. You shall continue in your present office. You should remain faithful to God and his messenger.
I accept your recommendation regarding the people of Bahrain. I forgive the offences of the offenders. Therefore, you may also forgive them. Of the people of Bahrain, whoever want to continue in their Jewish or Majusi faith, should be made to pay Jizya.
"

We know that there were a lot of Christians in Bahrain, mostly Nestorians, but they were not mentioned to pay Jizya.

There's another document about St Catherine monestery on Sinai Mountain, in which Muslims were ordered not to attack that monestery and, in case somebody attacks them, to protect it.

If these two documents are authentic then we should ask if Christians (or some of them) have to pay Jizya. We should also think about the statement in the Qur'an that from all of the people ones who'll be (who are) nearest in love and affection to us Mu'minoon are those who say "We are indeed Nasara" and what was said till the end of ayet.

I don't see any reason that ones of Christians who reject trinity (as Nestorians rejected that Meryem s.a. gave birth to "god") cannot be accepted as mu'minoon and/or have to pay Jizya.

Those who're following what Allah swt revealed in the Qur'an should not strive for sunnis and shi'as to become one ummah, instead we should strive that all who are accepting One God, God of Ibrahim a.s. become one ummah. There're a lot of sunnis and shi'as who don't believe in the Qur'an and/or not accepting what is in its ayets as Haqq, and are looking for some other deen then one from Allah swt in the Qur'an.

Allah swt knows best.

Muhammad_Bahrain_letter_facsimile.png

Every non-muslim had to pay jizya in lieu of state tax. This letter shall be taken in the context that people that were referred to be non-Muslims were Jews or Majusi, so our beloved Prophet (PBUHHP) spoke in the context of subject. It does not rule out other non-Muslim subjects to pay jizya as long as they are their citizens for the protection of their property, lives and maintaining security forces. Non-Muslims were levied only one tax and that is Jizya whereas Muslims have to pay Zakat, Khums, Fitrah, Sadqat (non-compulsory taxes). 

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@Aladin from Azra tribe Albeit recently, I read a verse which spoke about those Christians who feared God and did good deeds were praised by Allah (SWT). It was written that when they hear the word of Allah (SWT) the tears flow from their eyes and they say O God consider us from among momineen. And, I believe that those good Christians were referred to ones who realized that Prophet Muhammad (PBUHHP) spoke truth and their tears show such fact. It is in Surah e Maida. 

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Yes, it's a very touchy ayet, and one of the reasons I wrote all in this topic. I heard a man speaking that it's not important if sunnies and shi'as will merge (or whatever), it's important that mu'minoon amongs Muslims, Christians and Jews come close(r) to each other. I saw this message in many ayets in the Qur'an, and one of those is ayet you mentioned.

For this topic, history accounts are telling that in time of this letter there were a lot of Christians in Bahreyn, but they're not mentioned as ones who have to pay jizya. 

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Jizyah is what is taken from the People of the Book – and from the mushrikeen, according to some scholars – every year, in return for their being allowed to settle in Muslim lands, and in return for protecting them against those who would commit aggression against them. 

The word jizyah comes from the word jazaa’ (recompense). It is as if it is a recompense for us allowing them to live in our land and for us protecting their lives, property and dependents. 

See: Tawdeeh al-Ahkaam min Buloogh al-Maraam by al-‘Allaamah ‘Abdullah al-Bassaam (3/437); Lisaan al-‘Arab (14/146); Tahdheeb al-Asma’ wa’l-Lughaat by an-Nawawi (3/51); al-Mawsoo‘ah al-Kuwaitiyyah(15/149). 

The fuqaha’ are unanimously agreed that jizyah may be accepted from the People of the Book, and from the Magians (Zoroastrians). 

However, they differed concerning mushrikeen (polytheists) and idol worshippers, and also differed concerning the categories of People of the Book and Zoroastrians from whom jizyah may be accepted. 

The majority of Shaafa‘i and Hanbali fuqaha’ are of the view that it cannot be accepted from mushrikeen at all; nothing can be accepted from them except their becoming Muslim or being fought. 

The Hanafis and some of the Maalikis said: Jizyah may be accepted from the mushrikeen, except the mushrikeen among the Arabs. 

Al-Awzaa‘i – whose view is more likely to be correct according to the Maaliki scholars – said: It may be accepted from all the disbelievers, including the mushrikeen and idol worshippers, whether they are Arabs or non-Arabs, and whether they are Qurashis or non-Qurashis.

This view is more likely to be correct. The evidence for that is the hadith of Buraydah that was narrated by Muslim in his Saheeh (1731): When the Messenger of Allah (blessings and peace of Allah be upon him) appointed commanders for an army or expedition, he would advise them personally to fear Allah, may He be exalted, and to be good to those of the Muslims who were under their command. Then he said: “Fight in the name of Allah… When you meet your enemy among the polytheists, offer them three options, and whichever one they choose, accept it  from them and refrain from (fighting) them. Invite them to Islam and if they respond, then accept it from them and refrain from (fighting) them. Then invite them to migrate from their land to the land of the Muhaajireen (Madinah), and tell them that if they do that, they will have the same rights and duties as the muhaajiroon have. If they refuse to leave, then tell them that they are like the Muslim Bedouin and subject to the same rulings as the believers, but they will have no share of the booty and spoils, unless they strive in jihad alongside the Muslims. If they refuse, then ask them to pay jizyah. If they respond, then accept it from them and refrain from (fighting) them….” 

The evidence here is that he said “your enemy among the polytheists” and this is in general terms. 

That is also indicated by the fact that the Prophet (blessings and peace of Allah be upon him) accepted jizyah from the Magians (Zoroastrians) of Hajar, as it says in Saheeh al-Bukhaari (3157), even though they were not People of the Book. 

This indicates that it may be taken from any disbeliever, and the meaning indicates that, because if it is permissible to take it from People of the Book and from the Zoroastrians, then others are like them, because the purpose is to allow the disbeliever to continue following his religion within a particular framework, and that is applicable to all disbelievers. 

Based on that, if one of the polytheists asks us to accept the jizyah from him and allow him to continue to follow his religion, and we see that there is a purpose to be served by that, then we may do that. 

This is the view favoured by Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him). Ash-Sharh al-Mumti‘ (8/58) 

For more information, please see: al-Mawsoo‘ah al-Kuwaitiyyah (15/166) 

With regard to the rate of jizyah, the fuqaha’ differed concerning the exact rate, and there are several views. 

The first view: is that the wealthy man should pay forty-eight dirhams per year, the man of moderate means should pay twenty-four dirhams, and the poor man who is able to work should pay twelve dirhams. 

This is the view of Abu Haneefah, and of Ahmad according to one report. 

The second view: Maalik said that people who use gold as currency should pay four dinars and people who use silver as currency should pay forty dirhams, and there is no differentiation in that regard between rich and poor. 

The third view: ash-Shaafa‘i said: The minimum rate of jizyah is one pure gold dinar, and there is no maximum limit. There is no differentiation between rich and poor. 

Perhaps the most likely to be correct is the view that concerning the jizyah, it should be decided by the ruler, who may increase it or decrease it according to the ability of ahl adh-dhimmah to pay it, and according to what he sees fit. This was narrated from Imam Ahmad. 

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: Imam Ahmad did not give a set amount for the jizyah, according to the more sound of the two reports narrated from him.

End quote from Majmoo‘ al-Fataawa (35/350) 

See also: Ahkaam Ahl adh-Dhimmah by Ibn al-Qayyim (1/123-128) 

Jizyah is only to be accepted from adult men who are able to work. 

Jizyah is not taken from boys who have not yet reached the age of puberty, or women, or from the insane. There is no difference of scholarly opinion on this point. 

It is also not taken from very old men, the blind or the chronically sick. 

And it is not taken from the poor who are unable to pay it. 

For more information, please see: al-Mughni (13/216-221) and al-Mawsoo‘ah al-Kuwaitiyyah (15/149 ff) 

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Dear brother es-Salefi, while I was reading your post I noticed that there's no single word from Allah's swt Qawl, even the text is long, if I can say. I agree that we should listen ones who're or were recognized as ones with wisdom and knowledge, but I haven't recognized a single word from their opinions in what I've heard from Allah's swt Qawl.

Anyways, it was very nice to read about different views on this topic(s).

There's only one single ayet which is recognized as one about jizya, but I'm not sure if it's about jizya as we understood this term. Anyways, in the same surah (9th) and in others also we can read a lot about contracts. So, if any Muslim ruler (there's none for centuries) makes a contract with any non-Muslim, they can use word jizya or any other word they like, as long as it is based on Allah's deen.

I'd like if anybody can help me to recognize word jizya in this document, which is not readable to me. I can read only first two lines of text and maybe few more words, hardly.

 

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