JIZYAH (جزية)
Definition and Significance
Jizyah (جزية) refers to the capitation tax levied by Muslim rulers on non-Muslim subjects (Dhimmis) who seek protection (amān) from the Islamic state. The term is derived from the Arab word “jazā,” which means “reward” or “recompense.” This tax serves as a form of financial compensation for the protection provided by the Muslim state to its non-Muslim inhabitants.
Etymology
The term Jizyah (جزية) originates from the Arabic root ج ز ي (j-z-y), implying recompense or reward. In Turkish, it is referred to as Cizye.
Scriptural Basis
The foundational basis for Jizyah is found in the Qurʾān, specifically in Surah At-Tawbah (9:29):
<p>“قَاتِلُوا الَّذِينَ لَا يُؤْمِنُونَ بِاللَّهِ وَلَا بِالْيَوْمِ الْآخِرِ وَلَا يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُ وَلَا يَدِينُونَ دِينَ الْحَقِّ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ حَتَّىٰ يُعْطُوا الْجِزْيَةَ عَنْ يَدٍ وَهُمْ صَاغِرُونَ” “Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the jizyah willingly while they are humbled.”</p>
Types of Jizyah
According to classical Islamic jurisprudence, Jizyah is divided into two main categories:
- Voluntarily Established Jizyah: Agreed upon willingly by the non-Muslim subjects.
- Enforced Jizyah: Imposed upon non-Muslims who do not voluntarily agree to the terms but are nevertheless under the protection of the Islamic state.
Rate and Application
The rate of Jizyah traditionally varies but is commonly set at one dīnār per adult male annually. Females, children, and certain protected classes like monks, hermits, paupers, and slaves are typically exempt. The specific rates and exemptions, however, may vary according to different Islamic schools of thought.
Who Pays Jizyah?
The tax generally applies to:
- Jews
- Christians
- Magians
It is noteworthy that:
- Arabian idolaters and apostates are not permitted to pay Jizyah; they face more severe penalties.
- Idolaters outside Arabia may have the option to pay Jizyah, thus gaining protection from the Islamic state.
Exemptions
Certain groups are typically exempt from Jizyah:
- Monks and hermits engaged in religious devotion.
- Paupers unable to afford the tax.
- Slaves who do not possess financial means.
Legal Texts
The Hidāyah, a classical Hanafi legal manual, provides detailed instructions on the administration and rates of Jizyah. According to Abū Ḥanīfah, women and children are exempt, while Ash-Shāfiʿī includes them in the taxable categories.
Further Reading
- “The Ordinances of Government” by Al-Mawardi offers insights on governance and the administration of Jizyah in the early Islamic state.
- “Non-Muslims in the Early Islamic Empire” by Milka Levy-Rubin explores the status and roles of non-Muslims in Islamic societies.
- “The Fourth Muslim Caliphs” by David Levering Lewis sheds light on administrative practices, including Jizyah, during the caliphate period.
Takeaways
- Jizyah is a historically significant aspect of Islamic law, emphasizing the contractual relationship between the Islamic state and its non-Muslim subjects.
- It highlights the principles of protection and financial reciprocity under Islamic governance.
- Variations in the implementation across different Islamic schools point to the flexibility and adaptability of Islamic legal traditions.
Conclusion
Understanding Jizyah offers crucial insights into the complexities of Islamic legal and social systems, particularly regarding the status of non-Muslim communities within an Islamic state. Its detailed study reveals the nuanced ways in which historical Islamic governance balanced religious obligations with administrative practices.
