Dhimma: Difference between revisions

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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 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>


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 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.  
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.
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.
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