Ẕimmī (ذمى)
Definition
Ẕimmī (ذمى) refers to a non-Muslim subject living under a Muslim government, specifically individuals belonging to the Jewish, Christian, or Sabean faiths. These individuals paid a poll or capitation tax, known as jizyah (جزية), in exchange for the protection of their personal security and property.
Etymology and Translations
The term Ẕimmī originates from the Arabic root ḏ-m-m (ذ م م), meaning “to blame” or “be guilty.” In the context, it refers to non-Muslims who are under the “protection” (dhimmah) of the Islamic state. In Turkish, the term equivalent is “Zimmî.”
Historical Context
One of the fundamental duties proposed by Muḥammad upon believers was Jihād fī Sabīli ʾllāhi (جهاد في سبيل الله), meaning “striving in the path of God,” which encompassed military endeavors to propagate Islam. According to classical Islamic thought, the world was divided into Dār al-Ḥarb (دار الحرب, territories of war) and Dār al-Islām (دار الإسلام, territories of peace). The two were in a perpetual state of latent or open conflict until the latter could encompass the former.
Legal Status and Implications
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Taxation and Security:
- Jizyah: Ẕimmīs paid this poll tax in return for protection and exemption from military service.
- Property Rights: Taxes paid allowed Ẕimmīs to secure their property and live freely under Muslim rule.
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Religious Freedom:
- Worship: Allowed to practice religion privately and in pre-existing places of worship. Construction of new religious buildings was generally prohibited, especially in cities.
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Legal Autonomy:
- Ẕimmīs subjected to Islamic law differed mainly in religious and personal matters, maintaining freedom to follow their own religious laws in many cases, such as dietary regulations, marriage, and inheritance.
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Civic Responsibility:
- Obligations included obeying the broader temporal and civil regulations of the Islamic state.
Marital and Family Laws
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Marriages: Mixed-religion marriages were allowed with restrictions.
- Ẕimmīs could marry without witnesses if permitted by their religion.
- Issues surrounding ʿiddah (waiting period post-divorce or widowhood) had specific guidelines differing from those applying to Muslims.
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Inheritance: Ẕimmīs could inherit from one another, though inheritance between Muslims and non-Muslims was generally prohibited.
Limitations and Protections
- Employment and Military Service: Excluded from army service but could receive stipends if contributing significantly in other ways such as guides or advisors.
- Dress and Social Distinctions: Minor restrictions to visually differentiate Muslims from Ẕimmīs without imposing severe hardships.
Scholarly Recommendations
Books for Further Study
- A History of Islamic Legal Theories by Wael B. Hallaq
- Non-Muslims in the Early Islamic Empire by Milka Levy-Rubin
- Protected Peoples in the Ottoman Empire by Bruce Masters
Takeaways and Conclusion
The legal and social framework for Ẕimmīs underscored a balance between ensuring the supremacy of Islamic rule while allowing significant autonomy and protection to non-Muslims. Understanding the nuances of their status provides insights into Islamic governance, religious tolerance, and the complex interplay between different communities under Islamic empires.
In conclusion, Ẕimmīs enjoyed protected status under Islamic law, which included personal security, religious freedom, and legal protections, balanced by specific fiscal responsibilities and social distinctions. This governance model reiterates principles of protection and hospitality rooted both in Islamic teachings and pre-Islamic Arab customs.
