It is an oft-repeated assertion of Muslims that other faith-communities have always been treated with respect and dignity by in a genuine Islamic State.
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In a country ruled by Muslim authorities, a non-Muslim is guaranteed his freedom of faith.... Muslims are forbidden from obliging a non-Muslim to embrace Islam, but he should pay the tribute to Muslims readily and submissively, surrender to Islamic laws, and should not practice his polytheistic rituals openly.
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In this paper I will examine aspects of Islam's attitude to non-Muslims, especially the Jizyah tax,
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6. The Jizyah Tax
The American Revolution was fought on the principle 'no taxation without representation', the idea being that constitutional equality was a precondition for the sovereign exercise of levying taxes. The only basis for different levels of taxation is socio-economic distinction, but even here the tax is identical in character, is levied without regard for one's communal origins. The principle of distinction in progressive taxation is ability to pay. The tax imposed does not punish a businessman for his success. Refusal to pay will result in fines or imprisonment, but never execution. Furthermore, the tax he pays grants him entitlement to the full protection of the state, and thus full and equal citizenship. The goal of the tax is the same with everyone - the enabling of the state to provide for the security and well being of all its citizens.
This is not the case with the Jizyah, which is a tax that the Dhimmi uniquely had to pay. It has its origins in Surah Tauba 9:29, where it is explicitly revealed as a sign of the subjugation of conquered non-Muslims. [17] Hence, the tax is clearly a tribute, and a sign of subjection, in no way equivalent to the alms tax Zakat. Yusuf Ali's comment on the Jizyah clarifies this:
1281 Jizya: the root meaning is compensation. 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 its ideals being enforced in the Muslim State. There was no amount permanently fixed for it. It was in acknowledgment that those whose religion was tolerated would in their turn not interfere with the preaching and progress of Islam. Imam Shafi'i suggests one dinar per year, which would be the Arabian gold dinar of the Muslim States. The tax varied in amount, and there were exemptions for the poor, for females and children (according to Abu Hanifa), for slaves, and for monks and hermits. Being a tax on able-bodied males of military age, it was in a sense a commutation for military service. But see the next note. (9.29)
1282 'An Yadin (literally, from the hand) has been variously interpreted. The hand being the symbol of power and authority. I accept the interpretation "in token of willing submission." The Jizya was thus partly symbolic and partly a commutation for military service, but as the amount was insignificant and the exemptions numerous, its symbolic character predominated. See the last note. (9.29)
Abul 'Ala Mawdudi, Qur'anic exegete and founder of the Islamist Pakistani group Jama'at-i-Islami was quite unapologetic about Jizyah:
...the Muslims should feel proud of such a humane law as that of Jizya. For it is obvious that a maximum freedom that can be allowed to those who do not adopt the way of Allah but choose to tread the ways of error is that they should be tolerated to lead the life they like. [18]
He interprets the Qur'anic imperative to Jihad as having the aim of subjugating non-Muslims, to force them to pay the Jizyah as the defining symbol of their subjection:
... Jews and the Christians ...should be forced to pay Jizya in order to put an end to their independence and supremacy so that they should not remain rulers and sovereigns in the land. These powers should be wrested from them by the followers of the true Faith, who should assume the sovereignty and lead others towards the Right Way. [19]
The consequence of this is that in an Islamic State – specifically the Khilafah – non-Muslims should be denied Government posts, since the state exists for the Muslims, who alone are true citizens, whilst the non-Muslims are merely conquered residents, and the Jizyah signifies this:
That is why the Islamic state offers them protection, if they agree to live as Zimmis by paying Jizya, but it can not allow that they should remain supreme rulers in any place and establish wrong ways and establish them on others. As this state of things inevitably produce chaos and disorder, it is the duty of the true Muslims to exert their utmost to bring an end to their wicked rule and bring them under a righteous order. [20]
Differences of taxation demonstrate distinctions in citizenship. As a symbol of subjection, it signifies that the state is not really the common property of all its permanent residents, but only the Muslims. The non-Muslims are conquered outsiders. It demonstrates their inferior condition. It also punishes them for their disbelief in Islam. Islamic law makes it very clear that the Jizyah is punitive in character. [21] Further, it is to levied with humiliation. [22] Hence, it is in no way comparable to Western tax systems. Even progressive taxation is not a 'punishment' for economic success, nor is any tax specifically humiliating in character.
This illustrates that essentially, in an Islamic State, the non-Muslims are in a worse situation than prisoners out on parole, since they are still being punished – they are not considered 'good, law-abiding citizens' however exemplary their conduct, but rather criminals given day-leave. Their crime is their faith. [23] Moreover, their crime is capital in nature – they deserve death. [24] This demonstrates the unique character of the Jizyah tax – unlike Western taxes, payment does not grant equality and liberty to the payee, but rather merely permission for another tax period to live; failure to pay it results in death. Again, it is rather analogous to a convict on parole regularly visiting the police station or parole officer to register. This is different from the case of someone in the West who refuses to pay his tax for whatever reason; he is punished, though it must be stated not by execution, for breaking the law. The reverse is true with the Jizyah – the tax itself is punishment, and the payee lives in the permanent condition of being punished for his faith until he converts. Essentially, non-Muslims live under a permanent death-threat.
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Conclusion
Only by the wildest stretch of the imagination could the situation of non-Muslims under Islamic law be seen as one conferring equal citizenship, whatever Muslim apologists claim. Similarly, only a leap of fantasy could ever believe that such a situation is one that non-Muslims would welcome. The honour, dignity, equality and even the lives of non-Muslims are by no means guaranteed under Islamic law. The Jizyah tax in particular demonstrates the constitutional inferiority and humiliation such a legal arrangement confers. For non-Muslims, it is rather like permanently walking under the sword of Damocles, ready to fall at any moment. If Muslims wish Christians and others to regard an Islamic political order as something attractive, their scholars had best engage in a some heavy work of ijtihad to revise those elements of Islamic jurisprudence and legislation which are particularly offensive to non-Muslims.
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