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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>[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> Jews and Christians were required to pay the [[jizyah]] while pagans were required to either accept Islam or die.<ref>{{cite web |title=Islam |url=https://www.britannica.com/topic/Islam |work=Encyclopedia Britannica |location=New York |date=17 August 2021|access-date=12 January 2022}}</ref> However, historically, adherents of Hinduism, Buddhism, Sikhism, and other religions, have lived as Dhimmis within Muslim states.<ref>{{cite book|author=Annemarie Schimmel|year=2004|page=[https://archive.org/details/empireofgreatmug00anne/page/107 107]|title=The Empire of the Great Mughals: History, Art and Culture|publisher=[[University of Chicago Press]]|isbn=978-1861891853|quote=The conqueror [[Muhammad bin Qasim|Muhammad Ibn Al Qasem]] gave both Hindus and Buddhists the same status as the Christians, Jews and Sabaeans the Middle East. They were all "dhimmi" ('protected people')|url=https://archive.org/details/empireofgreatmug00anne/page/107|author-link=Annemarie Schimmel}}</ref><ref name=bonner>{{cite book|author=Michael Bonner|author-link=Michael Bonner|title=Jihad in Islamic History: Doctrines and Practice|publisher=[[Princeton University Press]]|year=2008|page=89|isbn=9780691138381|jstor=j.ctt7sg8f}}</ref><ref>{{cite book|author=Wael B. Hallaq|author-link=Wael Hallaq|title=Sharī'a: Theory, Practice, Transformations|year=2009|publisher=[[Cambridge University Press]]|page=327|doi=10.1017/CBO9780511815300|isbn=9780511815300}}</ref> | ||
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 | In the pre-Islamic northern Arabia of the prophet's predecessors, different tribes existed in a constant state of warfare, with peace being the exception to the general rule of unending warfare<ref name="Peters2016">{{cite book | author = Rudolph Peters | date = 2016 | title = Jihad: A History in Documents | publisher = Markus Wiener Publishers | page = 1| isbn = 978-1-55876-608-2 | oclc = 1000108084 | url = https://books.google.com/books?id=q45hjwEACAAJ}}</ref>. The dhimma as a whole is conceived of in the Islamic tradition as "protection" of the [[Kafir (Infidel)|non-Muslim]] from the endless state of jihad, itself a continuation of the war like state of the Arabs before Islam. If the conquered do not wish to pay or convert, their fate may very well be slavery (under which, [[rape]] is permitted) or death. Historically, non-Muslim residents of an Islamic state who failed to pay [[Jizyah|jizya]] or who broke their contract with the state could also be enslaved.<ref>{{Citation|url=https://books.google.com/books?id=dyZ-DAAAQBAJ&pg=PA52|title=Slavery in the Ottoman Empire and its Demise 1800-1909|author=Y. Erdem (20 November 1996)|publisher=Palgrave Macmillan UK|ISBN=978-0-230-37297-9|page=26}}</ref><ref>{{Citation|url=https://books.google.com/books?id=z3VoBgAAQBAJ&pg=PA2|title=Muslim and Christian Contact in the Middle Ages: A Reader|author=Jarbel Rodriguez (2015)|publisher=University of Toronto Press|ISBN=978-1-4426-0066-9|page=2}}</ref> 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 Afghanistan, Pakistan, Egypt and Saudi Arabia, which enforce various aspects of the 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 and the Muslims <ref> Littman, G., 1985. The Dhimmi. 1st ed. Rutherford [N.J.]: Fairleigh Dickinson Univ. Pr., 44</ref>. This was the beginning of the [[ | 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 and the Muslims <ref> Littman, G., 1985. The Dhimmi. 1st ed. Rutherford [N.J.]: Fairleigh Dickinson Univ. Pr., 44</ref>. This was the beginning of the [[jizyah]] 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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Allah said, "until they pay the Jizyah," if they do not choose to embrace Islam, "with willing submission," in defeat and subservience, "and feel themselves subdued," disgraced, humiliated and belittled. Therefore, Muslims are not allowed to honor the people of Dhimmah or elevate them above Muslims, for they are miserable, disgraced, and humiliated. Muslim recorded from Abu Hurayrah that the Propeht said, "Do not initiate the Salam to the Jews and the Christians, and if you meet them in a raod, force them to its narrowest alley. " This is why the Leader of the faithful `Umar b. Al-Khattab, may Allah be pleased with him, demanded his well-known conditions be met by the Christians, these conditions that ensured their continued humiliation, degradation, and disgrace. The scholars of Hadith narrated from Abdur-Rahman b. Ghanm Al-Ash'ari that he said, "I recorded for `Umar b. Al-Khattab, may Allah be pleased with him, the tems of the treaty of peace he conducted with the Christians of Ash-Sham: `In the Name of Allah, Most Gracious, Most Merciful. This is a document to the servant of Allah, `Umar the Leader of the faithful, for the Christians of such and such city. When you [Muslims] came to us we requested safety for ourselves, children, property and followers of our religion. We made a condition on ourselves that we will neither erect in our areas a monastery, church, or a sanctuary for a monk, nor restore any place of worship that needs restoration nor use any of them for the purpose of enmity against Muslims. We will not prevent any Muslim from resting in our churches whether they come by day or night, and we will open the doors [of our houses of worship] for the wayfarer and passerby. Those Muslims who come as guests, will enjoy boarding and food for three days. We will not allow a spy against Muslims into our churches and homes or hide deceit [or betrayal] against Muslims. We will not teach our children the Qur'an, publicize practices of Shirk, invite anyone to Shirk or prevent any of our fellows from embracing Islam, if they choose to do so. We will respect Muslims, move from places we sit in if they choose to sit in them. We will not imitate their clothing, caps, turbans, sandals, hairstyles, speech, nicknames and title names, or ride on saddles, hang swords on the shoulders, collect weapons of any kind or carry these weapons. We will not encrypt our stamps in Arabic, or sell liquor. We will have the front of our hair cut, wear our customary clothes wherever we are, wear belts around our waist, refrain from erecting crosses on the outside of our churches and demonstrating them and our books in public in Muslim fairways and markets. We will not sound the bells of our churches, except discretely, or raise our voices while reciting our holy books inside our churches in the presence of Muslims, nor raise our voices [with prayer] at our funerals, or light torches in funeral processions in the fairways of Muslims, or in their markets. We will not bury our dead next to Muslim dead, or buy servants who were captured by Muslims. We will be guides for Muslims and refrain from breaching privacy in their homes.' When I gave this document to `Umar, he added to it, `We will not beat any Muslim. These are the conditions that we set against ourselves and followers to our religion in return for safety and Allah said, "Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, and those who acknowledge not the religion of truth among the People of the Scripture, until they pay the Jizyah with willing submission, and feel themselves subdued. "}} | Allah said, "until they pay the Jizyah," if they do not choose to embrace Islam, "with willing submission," in defeat and subservience, "and feel themselves subdued," disgraced, humiliated and belittled. Therefore, Muslims are not allowed to honor the people of Dhimmah or elevate them above Muslims, for they are miserable, disgraced, and humiliated. Muslim recorded from Abu Hurayrah that the Propeht said, "Do not initiate the Salam to the Jews and the Christians, and if you meet them in a raod, force them to its narrowest alley. " This is why the Leader of the faithful `Umar b. Al-Khattab, may Allah be pleased with him, demanded his well-known conditions be met by the Christians, these conditions that ensured their continued humiliation, degradation, and disgrace. The scholars of Hadith narrated from Abdur-Rahman b. Ghanm Al-Ash'ari that he said, "I recorded for `Umar b. Al-Khattab, may Allah be pleased with him, the tems of the treaty of peace he conducted with the Christians of Ash-Sham: `In the Name of Allah, Most Gracious, Most Merciful. This is a document to the servant of Allah, `Umar the Leader of the faithful, for the Christians of such and such city. When you [Muslims] came to us we requested safety for ourselves, children, property and followers of our religion. We made a condition on ourselves that we will neither erect in our areas a monastery, church, or a sanctuary for a monk, nor restore any place of worship that needs restoration nor use any of them for the purpose of enmity against Muslims. We will not prevent any Muslim from resting in our churches whether they come by day or night, and we will open the doors [of our houses of worship] for the wayfarer and passerby. Those Muslims who come as guests, will enjoy boarding and food for three days. We will not allow a spy against Muslims into our churches and homes or hide deceit [or betrayal] against Muslims. We will not teach our children the Qur'an, publicize practices of Shirk, invite anyone to Shirk or prevent any of our fellows from embracing Islam, if they choose to do so. We will respect Muslims, move from places we sit in if they choose to sit in them. We will not imitate their clothing, caps, turbans, sandals, hairstyles, speech, nicknames and title names, or ride on saddles, hang swords on the shoulders, collect weapons of any kind or carry these weapons. We will not encrypt our stamps in Arabic, or sell liquor. We will have the front of our hair cut, wear our customary clothes wherever we are, wear belts around our waist, refrain from erecting crosses on the outside of our churches and demonstrating them and our books in public in Muslim fairways and markets. We will not sound the bells of our churches, except discretely, or raise our voices while reciting our holy books inside our churches in the presence of Muslims, nor raise our voices [with prayer] at our funerals, or light torches in funeral processions in the fairways of Muslims, or in their markets. We will not bury our dead next to Muslim dead, or buy servants who were captured by Muslims. We will be guides for Muslims and refrain from breaching privacy in their homes.' When I gave this document to `Umar, he added to it, `We will not beat any Muslim. These are the conditions that we set against ourselves and followers to our religion in return for safety and Allah said, "Fight against those who believe not in Allah, nor in the Last Day, nor forbid that which has been forbidden by Allah and His Messenger, and those who acknowledge not the religion of truth among the People of the Scripture, until they pay the Jizyah with willing submission, and feel themselves subdued. "}} | ||
The "Aman" or peace that the Islamic state affords to the conquered people comes with many conditions according to ibn Kathir: | The "Aman" or peace that the Islamic state affords to the conquered people comes with many conditions according to ibn Kathir: | ||
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==Fiqh Around the Institution of the Dhimma== | ==Fiqh Around the Institution of the Dhimma== | ||
The Dhimma revolved around the payment of the [[ | The Dhimma revolved around the payment of the [[Jizyah]], which was both a source of income for the Muslims of the Islamic state and a source of humiliation and subjection for the conquered dhimmi people. Islamic scholar Abu Yusuf outlines the reason for this: | ||
{{Quote|Abu Yusuf, quoted in Bat Ye'or From Jihad to Dhimmitude:The Decline of Eastern Christianity Under Islam| The wali [governor of a province] is not allowed to exempt any Christian, Jew, | {{Quote|Abu Yusuf, quoted in Bat Ye'or From Jihad to Dhimmitude:The Decline of Eastern Christianity Under Islam| The wali [governor of a province] is not allowed to exempt any Christian, Jew, | ||
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==Dhimmitude== | ==Dhimmitude== | ||
Scholar Bat Ye'or see the social rules, restrictions, and customs originating in and evolving from the dhimmah as producing a state of what she calls Dhimmitude in the subject peoples. This fearful state was characterized by obedience to the dhimmis' Muslim masters, acceptance of the assumptions underlying the dhimmah (about such things as the superiority of Islam), | Scholar Bat Ye'or see the social rules, restrictions, and customs originating in and evolving from the dhimmah as producing a state of what she calls Dhimmitude in the subject peoples. This fearful state was characterized by obedience to the dhimmis' Muslim masters, acceptance of the assumptions underlying the dhimmah (about such things as the superiority of Islam), behavior which sought to mollify and please the dhimmis' Muslim masters, and inter-dhimmi rivalry, bigotry and even bloodshed aimed at securing a more favored position vis-a-vis the Muslim ummah. In her book ''Understanding Dhimmitude'' she offers the following characteristics of Dhimmitude: | ||
{{Quote|Ye'or, Bat ''Understanding Dhimmitude'' RVP Publishers, New York, New York, USA, 2013, 95| | {{Quote|Ye'or, Bat ''Understanding Dhimmitude'' RVP Publishers, New York, New York, USA, 2013, 95| | ||
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{{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}} | {{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. According to the rules of jihad, the imam (leader) of the Muslims is to keep the fay has a waqf (وقف) or collective trust of the entirety of the Ummah (the community of Muslims). | By ''fay'' she uses the Arabic word (فيء) fay' which means the booty of war. According to the rules of jihad, the imam (leader) of the Muslims is to keep the fay has a waqf (وقف) or collective trust of the entirety of the Ummah (the community of Muslims). In accordance with these rules, the conquered people, their wealth, their women and children, their land, their property, and the fruit of their labor constitute the communal fay of the Muslim ummah or national communi9ty. The dhimma is this a structured way of leveraging this communal property according to the 8th century Muslim jurist Abu Yusu : | ||
{{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 165|But I thought that we had nothing more to conquer after the land of Kesra [Persia], whose riches, land, and people Allah has given us. I have divided the personal possessions among those that conquered them after having subtracted a fifth, which under my supervision was used for the purpose for which it was intended. I thought it necessary to reserve the land and its inhabitants, and levy from the latter the kharaj by virtue of their land, and the capitation [jizya] as a personal tax on every head, this poll tax making up a fay in favor of the Muslims who have fought there, of their children and of their heirs.}} | {{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 165|But I thought that we had nothing more to conquer after the land of Kesra [Persia], whose riches, land, and people Allah has given us. I have divided the personal possessions among those that conquered them after having subtracted a fifth, which under my supervision was used for the purpose for which it was intended. I thought it necessary to reserve the land and its inhabitants, and levy from the latter the kharaj by virtue of their land, and the capitation [jizya] as a personal tax on every head, this poll tax making up a fay in favor of the Muslims who have fought there, of their children and of their heirs.}} | ||
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The dhimmis are not to be reduced to slavery, but their economic output is to be harvested by the Muslims through the jizyah and the kharaaj and the other taxes and duties imposed on them, as well as through corvees or forced labor. | The dhimmis are not to be reduced to slavery, but their economic output is to be harvested by the Muslims through the jizyah and the kharaaj and the other taxes and duties imposed on them, as well as through corvees or forced labor. | ||
By vilification, Ye'or refers to the rituals, rules, laws, and regulations of the dhimma which are meant to humiliate the dhimmi and his religion, thus Ye'or brings the examples of the legal status of dhimmis vis-a-vis Muslims in the Islamic polity. Dhimmis were not allowed to hit or strike a Muslim, even in defense, and even in situations where their life was threatened by the Muslim; furthermore, in cases of criminal import, their testimony was inadmissible in Muslim courts; in fact in such cases dhimmis were often forced to buy the testimony of Muslims for the sake of their defense. These stipulations were meant to humiliate and vilify the conquered people, thus pushing them inexorably to convert to Islam throughout the ages. | By vilification, Ye'or refers to the rituals, rules, laws, and regulations of the dhimma which are meant to humiliate the dhimmi and his religion, thus Ye'or brings the examples of the legal status of dhimmis vis-a-vis Muslims in the Islamic polity. Dhimmis were not allowed to hit or strike a Muslim, even in defense, and even in situations where their life was threatened by the Muslim; furthermore, in cases of criminal import, their testimony was inadmissible in Muslim courts<ref> Ye'or, Bat ''Understanding Dhimmitude'' RVP Publishers, New York, New York, USA, 2013, 95</ref>; in fact in such cases dhimmis were often forced to buy the testimony of Muslims for the sake of their defense <ref> Ye'or, Bat ''The Dhimmi'' Associated University Press, Cranbury, New Jersey, USA, 1985, 56</ref>. The requirement that dhimmis be struck about the neck and head when rendering the jizaya were also part of this vilification. These stipulations were meant to humiliate and vilify the conquered people, thus pushing them inexorably to convert to Islam throughout the ages. | ||
==See Also== | ==See Also== | ||
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==External Links== | ==External Links== | ||
*[http://www.dhimmi.org/ | *[http://www.dhimmi.org/ Dhimmi dot org-- A Collection of Articles about Dhimmis and the Institution of the Dhimma] | ||
*[http://www.dhimmitude.org/index.html | *[http://www.dhimmitude.org/index.html Dhimmitude dot org-- A Collection of Articles about the idea of Dhimmitude] | ||
==References== | ==References== | ||