Jizya

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Under Islamic law, jizya or jizyah (Arabic: جزْية‎ IPA: [ˈdʒɪzjæh]; Ottoman Turkish: cizye; both derived from Pahlavi and ultimately from Aramaic gaziyat [1]) is a per capita tax levied on a section of an Islamic state's non-Muslim citizens, who meet certain criteria. The tax is/was to be levied on able bodied adult males of military age and affording power,[2] (but with specific exemptions,[3][4] though these were discarded at various points in history[5]).

From the point of view of the Muslim rulers, jizya was a material proof of the non-Muslims' acceptance of subjection to the state and its laws, "just as for the inhabitants it was a concrete continuation of the taxes paid to earlier regimes."[6] In return, non-Muslim citizens were permitted to practice their faith, to enjoy a measure of communal autonomy, to be entitled to Muslim state's protection from outside aggression, to be exempted from military service and the Zakat as obligatory upon Muslim citizens.[7][8][9]

But in some Islamic regions this controversial tax is being charged from Non-Muslims[10] regardless of their military service contribution in their Islamic states[11].

The Arabic term jizya appears in verse Qur'an 9:29, but the Qur'an does not specify jizya as a tax per head. According to Paul Heck, the jizya taxation seems to be a developed form of the Sassanian practice of taxation.[12]

Definitions

Shakir and Khalifa's English translations of the Qur'an render jizya as "tax", while Pickthal translates it as "tribute". Yusuf Ali prefers to transliterate the term as jizyah.

Commentators disagree on the definition and derivation of the word jizya:

• Yusuf Ali states "The derived meaning, which became the technical meaning, was a poll-tax levied from those who did not accept Islam, but were willing to live under the protection of Islam, and were thus tacitly willing to submit to the laws enforced by the Muslim State."[13]
• Monqiz As-Saqqar attributes the word jizya to the root word jaza meaning "compensate" and defines it as "a sum of money given in return for protection".[14]
• Ibn Al-Mutaraz derives the word from 'idjzã, meaning "substitute" or "sufficiency" because "it suffices as a substitute for the dhimmi's embracement of Islam."[14]
• Yusuf al-Qaradawi says the word jizya is derived from the jazaa', meaning "reward", "return", or "compensation", and defines it as "a payment by the non-Muslim according to an agreement signed with the Muslim state".[15]
• Edward William Lane, in An Arabic-English Lexicon defines jizya as a "tax that is taken from the free non-Muslim subjects of a Muslim government whereby they ratify the compact that assures them protection.[16]
• Ibn Rushd explains that jizya is in fact a broader concept than just a head-tax. It also includes monies exacted in times of war – what is normally understood in English by the word ‘tribute’ – as well as levies (‘ushr) on non-mulsim merchants who are trading in the Dar al-Harb.[17]

In practice, the word is applied to a special type of tax, levied upon the non-Muslim adult males living under an Islamic state.

After the Norman conquest of Sicily, taxes imposed on the Muslim minority, were also called the "jizya".[6]

Rationale

There were two main legal rationales for jizya: the Communalist and Universalist. The former believed that jizya was a fee in exchange for the dhimma (permission to practice one's faith, enjoy communal autonomy, and to be entitled to Muslim protection from outside aggression[7]). The latter, however, assumed that such rights were every person's birthright (Muslim or non-Muslim), and the imposition of jizya on non-Muslims similar to the imposition of Zakat (one of the Five Pillars of Islam, an obligatory wealth tax paid on certain assets which are not used productively for a period of a year) on Muslims.[18]

Many Muslim rulers saw jizya as a material proof of the non-Muslims' subjection. The inhabitants saw it as a continuation of the taxes paid to earlier regimes.[6]

Sources

Hadith

Jizya is mentioned a number of times in the hadith. Common themes across multiple hadith (and often multiple collections of hadith) include Muhammad ordering his military commanders to fight non-Muslims until they accepted Islam or paid the jizya, Muhammad and a number of caliphs imposing jizya on various peoples, and the eventual abolition of jizya by Jesus' Second Coming.[19]

Sunan Abu-Dawud

• Sunan Abu-Dawud Book 19, Number 2955 has Umar ibn al-Khattab stating that he provided protection for non-Muslims by levying jizya on them, and neither took one-fifth from it, nor took it as booty.[20]
• Book 19, Number 3031 states that Muhammad captured Ukaydir, the Christian prince of Dumah, and spared his life and made peace with him on the condition that he paid jizya.[21]
• Book 37, Number 4310 states that Jesus will come again, and at that time will (among other things) abolish jizya, as Allah will "perish all religions except Islam".[22]

Sahih Bukhari

• Sahih Bukhari Volume 2, Book 24, Number 559 states that the King of Aila wrote to Muhammad that his people agreed to pay the jizya tax in return for being allowed to stay in their place.[23]
• Volume 3, Book 34, Number 425 states that Jesus will abolish the jizya, as does Volume 4, Book 55, Number 657.[24][25]
• Volume 4, Book 53, Number 384 states that Umar did not take the jizya from the "Magian infidels" (Zoroastrians) until he heard testimony that Muhammad had taken the jizya from the Magians of Hajar.[26]
• Volume 4, Book 53, Number 385 states that Muhammad collected jizya from the people of Bahrain, as do Volume 5, Book 59, Number 351 and Volume 8, Book 76, Number 433.[27][28][29]
• Volume 4, Book 53, Number 386 states that Muhammad commanded Al-Mughira and his army to fight non-Muslims until they worshiped Allah alone or gave jizya.[30]
• Volume 4, Book 53, Number 404 has Muhammad stating that one day Allah will make the dhimmis "so daring that they will refuse to pay the Jizya they will be supposed to pay".[31]

Sahih Muslim

• Sahih Muslim Book 1, Numbers 287 and 289 state that the "son of Mary" will "descend as a just judge" and, among other things, abolish the jizya.[32][33]
• Book 19, Number 4294 states that Muhammad commanded his military leaders to demand jizya from non-Muslims if they refused to accept Islam, and to fight them if they refused to pay.[34]
• Book 32, Number 6328 states that Hisham b. Hakim b. Hizam passed by Syrian farmers who had been detained for jizya and made to stand in the sun, and Number 6330 states that he came by some Nabateans who had been detained "in connection with the dues of jizya". In both cases his response was to quote Muhammad as saying "Allah would torment those persons who torment people in the world."[35][36]
• Book 42, Number 7065 states that that Muhammad collected jizya from the people of Bahrain.[37]

Al-Muwatta

• Al-Muwatta of Malik Book 17, Number 17.24.42 states that Muhammad collected jizya from the "Magians" (Zoroastrians) of Bahrain, Umar ibn al-Khattab from Magians of Persia, and Uthman ibn Affan from the Berbers.[38]
• Book 17, Number 17.24.44 states that Umar ibn al-Khattab imposed a jizya tax of four dinars on those living where gold was the currency, and forty dirhams on those living where silver was the currency. As well, they had to "provide for the Muslims and receive them as guests for three days".[39]
• Book 17, Number 17.24.45 states that Umar ibn al-Khattab took a camel branded as jizya (not zakat) and ordered for it to be slaughtered, the meat placed on platters with fruits and delicacies, and distributed to the wives of Muhammad. He then had the remainder prepared and invited the Muhajirun and the Ansar to eat it. Malik stated regarding this "I do not think that livestock should be taken from people who pay the jizya except as jizya."[40]
• Book 17, Number 17.24.46 states that Umar ibn Abd al-Aziz relieved those who converted to Islam from paying jizya. It also gives the sunnah on those who must pay jizya, principally non-Muslim males who have reached puberty, rather than zakat, as zakat is for the purpose of purifying Muslims, whereas jizya is for the purpose of humbling non-Muslims. It also outlines the additional jizya travelling traders must pay, and the rationale for that.[41]

Application

Jizya was applied to every free adult male member of the People of the Book. Slaves, women, children, the old, the sick,[3] monks, hermits and the poor,[4] were all exempt from the tax, unless any of them was independent and wealthy. However, these exemptions were no longer observed during some periods in Muslim history, and discarded entirely by the Shāfi‘ī School of Law.[42] There was no amount permanently fixed for the tax, though the payment usually depended on wealth: the Kitab al-Kharaj of Abu Yusuf sets the amounts at 48 dirhams for the richest (e.g. moneychangers), 24 for those of moderate wealth, and 12 for craftsmen and manual laborers.[18][43]