Joseph Farah, founder of the WorldNetDaily news site states:
Under Islamic Shari’ah law, non-believers – Christians and Jews anyway – are permitted to live as long as they support Islam through their Dhimmi taxes and are willing to accept what amounts to a third- or fourth-class servile existence, always subject to pogroms, false accusations and ill treatment. Dhimmis always live in fear.1
Melanie Philips, prominent UK based Zionist author and commentator states:
‘Dhimmi’ is the status of infidels under Islam who are permitted to live in Muslim jurisdictions but only with restrictions as second-class citizens.2
To answer this accusation that dhimmi are second-class citizens who will have a miserable existence living in a future Khilafah we need to look at Islam’s view on citizenship and how it applies to non-Muslims.
Citizenship in Islam
Citizenship in Islam is based on someone permanently living within the lands of the Khilafah regardless of their ethnicity or creed. It is not a requirement for someone to become Muslim and adopt the values of Islam in order to become a citizen of the state. Muslims living outside the Islamic State do not enjoy the rights of citizenship, whereas a non-Muslim living permanently within the Islamic State (dar ul-Islam) does. This is derived from the following hadith.
The Prophet (saw) said: ‘Call them to Islam, and if they agree accept from them and refrain from fighting against them, then call them to move from their land to the land of the Muhajireen (the emigrants), and tell them if they do so, then they will have the rights which the Muhajireen enjoy and they will have duties like the duties upon the Muhajireen.’3
This hadith means if they do not move to the land of the Muhajireen they would not enjoy what the Muhajireen enjoy, i.e. the rights of those who are living in the land of Islam. So this Hadith clearly shows the difference between those who move to the land of the Muhajireen and those who do not move to the land of the Muhajireen. Dar ul-Muhajireen was the land of Islam (Dar ul-Islam) at the time of the Prophet (saw), and all other lands were Dar ul-Kufr.4
The Islamic state is forbidden from discriminating between citizens on the basis of race, creed, colour or anything else. In origin all the rules of Islam apply equally to Muslims and non-Muslims. The Islamic scholars have agreed, especially the scholars of Usul (foundations), that the divine rules are addressed to every sane person able to understand the speech, whether he is Muslim or not, male or female.5
However, there are exceptions to this. If the Shari’ah rule is dependent on belief in Islam such as praying salah or giving the zakat tax then it applies only to Muslims. These exceptions are not discriminatory rules as some have claimed, but take in to account the beliefs and values of the citizen so as not to cause oppression to them. They in no way detract from being equal citizens.
Categories of non-Muslims in the Khilafah
There are four main categories of non-Muslims in the Khilafah. These are:
1. Mu’ahid
2. Must’amin
3. Ambassadors, diplomats, consuls and envoys
4. Dhimmi
The Mu’ahid is a citizen of a foreign state with which the Khilafah has a treaty. The citizens of this state (mu’ahideen) can enter the Khilafah without a passport or visa if this is reciprocated to the citizens of the Khilafah.6
The Must’amin is a citizen of a foreign state with which the Khilafah has no treaty. These states are the imperialistic states such as Britain, America, Russia and France. The citizens of these states can enter the Khilafah but only with a passport and valid visa. Once they have received a valid visa and enter the state they are termed Must’amin.7
If the Mu’ahid or Must’amin stays for more than one year within the Khilafah then their stay is considered permanent and they are required to pay the jizya (head tax) and will become dhimmi.8
When discussing the rights and responsibilities of the dhimmi in this article these for the most part apply equally to both the Mu’ahid and the Must’amin. The exceptions are in the specific terms of the treaties and visa applications adopted by the Khaleefah.
The Ambassadors, diplomats, consuls and envoys from the foreign states have diplomatic immunity and the rules of Islam do not apply on them.9
The Dhimmi
Dhimmi are those citizens of the Khilafah that hold different beliefs and values to the ideology of the state i.e. Islam. The word dhimmi is derived from the Arabic word dhimmah, which means pledge or covenant (‘ahd).10
The state makes a pledge to treat the dhimmi in accordance with the specific terms of the peace treaty made with them (if applicable) and not to interfere in their beliefs, worships and those actions that contradict Islam but were permitted to the dhimmi by the Messenger of Allah (saw) such as drinking alcohol. In all other areas they are viewed and treated in the same way as Muslims unless belief in Islam is a condition for the action.
There are many ahadith ordering good treatment of the dhimmi and not abusing them or treating them as second-class citizens.
The Messenger of Allah (saw) said: “He who harms a person under covenant, or charged him more than he can, I will argue against him on the Day of Judgement.”11
The Messenger of Allah (saw) said: “He who hurts a dhimmi hurts me, and he who hurts me annoys Allah.”12
The classical scholars of Islam also detailed the rights of the Muslims towards the dhimmi. The famous Maliki jurist, Shaha al-Deen al-Qarafi states:
The covenant of protection imposes upon us certain obligations toward the ahl al-dhimmah. They are our neighbours, under our shelter and protection upon the guarantee of Allah, His Messenger (saw), and the religion of Islam. Whoever violates these obligations against any one of them by so much as an abusive word, by slandering his reputation, or by doing him some injury or assisting in it, has breached the guarantee of Allah, His Messenger (saw), and the religion of Islam.13
Judiciary
One of the accusations against Islam’s treatment of dhimmi is that a dhimmi is not allowed to give evidence against a Muslim and his oath is not acceptable in an Islamic court.
Bat Ye’or states:
Every legal case involving a Muslim and a dhimmi was judged according to Koranic law. Although the very idea of justice implies equality between parties, a dhimmi was not allowed to give evidence against a Muslim. Since his oath was unacceptable in an Islamic court his Muslim opponent could not easily be condemned. In order to defend himself, the dhimmi was obliged to purchase Muslim witnesses at great expense.14
The rule of law applies to everyone within the Khilafah and there are no exceptions. It is obligatory for the Islamic State to judge in cases concerning the dhimmi with justice and no discrimination against them is allowed.
Allah (swt) says in the Holy Qur’an:
And if you judge, judge with justice between them.
Verily, Allah loves those who act justly.15
The most famous example of this justice is in the legal trial of a Jew who stole the coat of armour of Imam Ali (ra) as he was travelling to a battle. The judge Shurayh made no exception for Ali (ra) even though he was the Khaleefah, a Muslim and also off to fight in a battle so was in desperate need of his armour. Shurayh ruled in favour of the Jew and accepted his testimony in court. Full details of the trial can be read here.
The dhimmi is allowed to be a witness in an Islamic court against a Muslim and their evidence is acceptable. The conditions of being a witness apply equally to Muslims and dhimmi. The conditions of a witness are: sane, mature and ‘adl (trustworthy).
It may be claimed that the condition of ‘Adl applies only to Muslims who refrain from committing the kabeera (major) sins. This is incorrect. ‘Adl in this context means someone who abstains from that which the people consider a violation of uprightness, whether he was a Muslim or non-Muslim. This is because ‘adaala (trustworthiness) was stipulated in the testimony of the Muslim as well as in the testimony of the non-Muslim, by using the same word without distinguishing one from the other.
Allah (swt) says in the Holy Qur’an:
O you who believe! Let there be witnesses between you when death draws to one of you, at the time of bequest, two witnesses, ‘adl (trustworthy) from among you, or two others from other than you.16
He (swt) meant non-Muslims by saying other than you. He said ‘two ‘adl witnesses from Muslims or two ‘adl from other than Muslims.’ So how can the ‘adaala be defined as not committing a kabeera (major) sin and insistence on committing a sagheera (small) sin regarding a non-Muslim? Also how can we reject as a witness the one who disobeyed his parents once, but accept as witness the spy, just because spying is not from kabeera sins? Therefore, the valid meaning of ‘adl is the one that abstained from that which the people consider violation to the uprightness.17
Criminal Punishments
Another accusation is that Muslims are given a lesser punishment for crimes against dhimmi. In the case of murder it is alleged that a Muslim is not killed for the murder of a dhimmi whereas a dhimmi is killed for the murder of a Muslim. Bat Ye’or states:
The punishment that a guilty Muslim received for a crime would be greatly reduced if the victim were a dhimmi.18
Again this is a false accusation. Punishments for crimes are applied equally to both Muslims and dhimmi with no distinction. The only distinction is that dhimmi will not be punished for those actions which are permitted for them such as drinking alcohol, whereas a Muslim would be.
The Prophet (saw) said, “The diyyah (blood money) of the Jews and Christians is like the Muslim’s diyyah.”19
It is narrated in a hadith “that the Messenger of Allah (saw) killed a Muslim for a mu’ahid and said, ‘I am the most noble of those who fulfil their dhimmah’.”20
This hadith clearly indicates that if a Muslim kills a mu’ahid he is punished with death.21 This equally applies to the killing of a dhimmi as discussed earlier.
Economy
The dhimmi enjoy the same economic benefits as Muslims. They can be employees, establish companies, be partners with Muslims and buy and sell goods. Their wealth is protected and if they are poor and unable to find work they are entitled to state benefits from the Khilafah’s Treasury (Bait ul-Mal).
Historically, many dhimmi prospered within the lands of the Khilafah.
Cecil Roth mentions that the treatment of the Jews at the hands of the Ottoman State attracted Jews from all over Western Europe. The land of Islam became the land of opportunity. Jewish physicians from the school of Salanca were employed in the service of the Sultan and the Viziers (ministers). In many places glass making and metalworking were Jewish monopolies, and with their knowledge of foreign languages, they were the greatest competitors of the Venetian traders.22
The poor dhimmi will receive state benefits if they are in need.
‘Umar ibn al-Khattab once passed by an old dhimmi begging at doors, and said: “We have not done justice to you if we have taken jizya from you in the prime of your youth and neglected you in your old age.” He then ordered from the treasury what was suitable for him.23
With regards taxation the shari’ah has put the condition of belief on some of the taxes, which means they are applied differently between the Muslims and dhimmi. Muslims for example are ordered to pay the Zakat but dhimmi are exempt, whereas dhimmi are ordered to pay the jizya (head tax) but Muslims are exempt.
Jizya
The most misunderstood Islamic taxation is the jizya. Some historians paint a picture that the jizya tax was so high that dhimmi were forced to convert to Islam to avoid it. Others bring out arbitrary jizya rates such as 50%.24
The obligation of the jizya is derived from the following verse of the Qur’an.
Allah (swt) says:
Fight those who believe not in Allah nor the Last Day, nor hold forbidden that 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 Jizyah with willing submission, and feel themselves subdued (saghiroon).25
The ‘subdued’ (sighar) mentioned in this verse means the dhimmi must submit to the rules of Islam. It does not mean physical humiliation.26
The jizya tax is applied to all mature, male dhimmi who have the means to pay it. Women and children are exempt as are the poor who have no livelihood.27
The jizya is applied according to the prosperity of the dhimmi. In the time of ‘Umar ibn al-Khattab (ra) he established three different bands of jizya depending on the prosperity of the person. The jizya rates for different provinces (wiliyat) of the Khilafah in the time of ‘Umar ibn al-Khattab (ra) are shown.
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