Dhimmi

A dhimmi (also zimmi, , plural: اهل الذمۃ, ahl al-dhimma) was a "free" (i.e. non-slave), non-Muslim subject of a state governed in accordance with sharia — Islamic law. A dhimmi is a person of the dhimma, a term which refers in Islamic law to a pact contracted between non-Muslims and authorities from their Muslim government. This status was originally only made available to non-Muslims who were People of the Book (i.e. Jews and Christians), but was later extended to include Zoroastrians, Mandeans, and, in some areas, Hindus.Bat Ye'or (1985), p. 45 The status of dhimmi applied to millions of people living from the Atlantic Ocean to India from the 7th century until modern times. Lewis 1984 p.62-66 Over time, many dhimmis converted to Islam. Most conversions were voluntary and happened for a number of different reasons but forced conversion played a role in some later periods of Islamic history, mostly in the 12th century under the Almohad dynasty of North Africa and al-Andalus as well as in Persia where Shi'a Islam is dominant.Lewis (1984), p. 17, –18 p. 94-95; Stillman (1979), p. 27

Dhimmis were allowed to "practice their religion, subject to certain conditions, and to enjoy a measure of communal autonomy" and guaranteed their personal safety and security of property, in return for paying tribute to Muslims and accepting Muslim supremacy.Lewis (1984), p. 10, 20 Taxation from the perspective of Dhimmis who came under the Muslim rule, Cl. Cahen states, was "a concrete continuation of the taxes paid to earlier regimes" and from the point of view of the Muslim conqueror was a material proof of Dhimmi's subjection. Cl. Cahen in Encyclopedia of Islam, Jizya article Various restrictions and legal disabilities placed on Dhimmis, such as prohibitions against bearing arms or giving testimony in courts in cases involving Muslims.Lewis (1987), p. 9, 27; Bat Ye'or (2002), p. 74 Most of these disabilities had a social and symbolic rather than a tangible and practical character. Lewis (1984) p.26 Disarmed and unable to defend themselves in courts, dhimmis were vulnerable to the whims of rulers and the violence of mobs,Tritton (1970), p. 49 although persecution in the form of violent and active repression was rare and atypical.Lewis (1984) p. 62 While recognizing the inferior status of dhimmis under Islamic rule, Bernard Lewis holds that in most respects their position was "was very much easier than that of non-Christians or even of heretical Christians in medieval Europe."Lewis (1984) p. 62

Etymology

The word dhimmi is derived from the noun dhimma, which in its turn comes from a verb dhamma meaning 'to blame, find blameworthy, criticize, find fault with, censure'. The term dhimma thus in its original meaning denotes an obligation or liability arising from a fault, blame or debt owed to another,Wehr (1976), p. 312 and a dhimmi is someone who bears this obligation or liability. The idea that a defeated person is liable for a debt to their conqueror, Bravmann points out, is consistent with an ancient principle of Arab customary law:

According to an ancient Arab concept ... the victor in a fight who spares the life of an enemy taken prisoner does actually do the latter a good deed. This "good deed" - and this is highly noteworthy - involves however ... simultaneously, a legal claim to a "reward"...Bravmann (1967), p. 307

Later the term dhimma came to refer in Islamic law to the pact of surrender contracted between non-Muslim communities and their Muslim conquerors, and dhimmi to a person living under the terms of this pact.

'Dhimmi' is often translated as 'protected peoples'.

Development of the dhimma in the early Islamic period

Peace terms

As the early Muslims expanded their territory through conquest, they imposed terms of surrender upon some of the defeated peoples:

Before launching an attack he (Muhammed) would offer them three choices – conversion, payment of a tribute, or to fight by the sword. If they did not choose conversion a treaty was concluded, either instead of battle or after it, which established the conditions of surrender for the Christians and Jews – the only non-Muslims allowed to retain their religion at this time. The terms of these treaties were similar and imposed on the dhimmi, the people ‘protected’ by Islam, certain obligations.Courbage and Fargues (1995), p. 2

A classic precedent of the dhimma was an agreement between Muhammad and the Jews of Khaybar, an oasis near Medina. Khaybar was the first territory attacked and conquered by the Muslim state ruled by Muhammad himself. When the Jews of Khaybar surrendered to Muhammad after a siege, Muhammad allowed them to remain in Khaybar in return for handing over to the Muslims one half of their annual produce. (The second caliph Umar I subsequently revoked this arrangement, and expelled the Jews from Arabia.) The Khaybar case served as a precedent for later Islamic scholars in their discussions on the issue of dhimma.Lewis (1984), pp. 10–11; Bat Ye'or (2002), p. 41

Byzantine precedents

In the 9th century, the Muslim historian Baladhuri drew parallels between the dhimma and Byzantine legislation, writing that Jews had been the dhimmis of Christians. Bat Ye’or (1985), p. 68 Modern historians also agree that discriminatory legislation enacted against Jews and non-Melkite Christians in the Byzantine Empire, as well as laws applying to Jews and Christians in the Sassanid Persian Empire, were used as sources of dhimmi regulations, although Islamic jurists never explicitly acknowledge these sources. Bat Ye’or (2003), p. 111; Lewis (1984), pp. 18–19; Stillman (1979), p. 26; Goddard (2000), p. 47 Numerous provisions of the Theodosian Code of 438 and the Justinian's Code of 529 appear to have migrated into Islamic law virtually unchanged. Under Byzantine rule, Jews were obliged not to pray loudly; their prayers were not to be audible in the nearby church. Building new synagogues (and repairing existing ones) was likewise prohibited, unless the buildings threatened to collapse and a special permission was obtained. Jews were banned from all public offices and the army; they were prohibited from criticizing Christianity, marrying a Christian, or owning a Christian slave. Furthermore, Jews paid distinctive taxes, possibly the precursors of jizya. Amplified and expanded, such regulations came to be imposed upon Christians under the dhimma arrangements, after Byzantine lands were occupied by Muslim forces.Bat Ye’or (2003), pp. 111–113

Relevant texts

Lewis states that verse , "...there is no compulsion in religion...", has usually been interpreted in the Islamic legal and theological traditions to mean that the followers of other religions should not be forced to adopt Islam. He also holds that verse "... To you your religion, to me my religion ..." has been used as a "proof-text for pluralism and coexistence" and that the verse has served to justify the tolerated position accorded to the followers of Christianity, Judaism, and Sabianism under Muslim rule. Lewis p.14 The consensus opinion of Muslim scholars justifies the imposition of tribute on non-Muslims who fall under the Muslim rule in terms of 29. Al-Mawardi (2000), p. 158; Bat Ye'or (2202), p. 51; Lewis (1984), p. 14 The verse reads: "Fight those who believe not in Allah nor the Last Day, nor hold forbidden that which hath been forbidden by Allah and His Messenger, nor acknowledge the religion of Truth, (even if they are) of the People of the Book, until they pay the jizya with willing submission, and feel themselves subdued صاغرون 'saghiroon'." (Qur’an .Wehr (1976), p.515,516 ). The interpretation and implications of the Arabic word 'saghiroon' are discussed below.

Bernard Lewis cites a hadith "One who kills a man under covenant will not even smell the fragrance of Paradise", as a foundation for the protection of the People of the Book in Muslim-ruled countries, but his view is that the position of dhimmis was in general insecure. Lewis (1984), p. 32

The Pact of Umar supposedly concluded between caliph Umar I and the conquered Christians, was another source of regulations pertaining to dhimmis. The document enumerates the obligations and restrictions that the Christians purportedly proposed to the Muslim conquerors as conditions of surrender. The provisions of the Pact of Umar are cited as translated in Stillman (1979), pp. 157–158 However, Western orientalists doubt the authenticity of the Pact, arguing that it is usually the victors, not the vanquished, who propose, or rather impose, the terms of peace, and that it is highly unlikely that the people who spoke no Arabic and knew nothing of Islam could draft such a document. Academic historians believe that the Pact of Umar in the form it is known today was a product of later jurists who attributed it to the venerated caliph Umar I in order to lend greater authority to their own opinions. The striking similarities between the Pact of Umar and the Theodesian and Justinian Codes suggest that perhaps much of the Pact of Umar was borrowed from these earlier codes by later Islamic jurists. At least some of the clauses of the pact mirror the measures first introduced by the Umayyad caliph Umar II or by the early Abbasid caliphs. Tritton (1970); Lewis (1984), pp. 24–25; Bat Ye’or (1985), p. 48; Goddard (2000), p. 46

The Arabic word saghiroon

The word saghiroon appears at the end of verse ,Wehr (1976), p.515, 516 which was used to justify the imposition of tribute on non-Muslims who fell under the Muslim rule. The verse is translated slightly differently in three common English-language translations: ()

Wehr states that the word sa:ghiru:na is derived from saghir ‘tiny, paltry’, meaning ‘made small, belittled, diminished, humbled, ridiculed' or 'adopting a cringing, grovelling manner’.Wehr (1976), p.515,516

Yaqub Jafari, a Shia scholar, in Tafsir Kosar states that saghiroon is understood in the following ways: Tafsir kosar, Yaqub Jafari, page 462

Some jurists hold that saghiroon implies that jizya should be collected with humiliation (e.g. dhimmi's should not be told about the exact amount of jizya they have to pay beforehand so that they become worried, although these jurists hold that jizya must not be burdensome for the dhimmis)
Other jurists such as Sheykh Tousi however hold that saghiroon only implies dhimmis' commitment to the Islamic laws. Footnote of Tafsir kosar: Almabsoot, Sheykh toosi, volume 2, p. 38
Also some have understood sagharoon to imply that the dhimmi should pay jizya standing while the Muslim collector is sitting. Footnote of Tafsir kosar: Almokhtalef, Alameh, p.332-334.

Status of dhimmis

Bernard Lewis believes that until relatively modern times, tolerance in the treatment of non-believers was neither valued, nor its absence condemned by both Muslims and Christians.Lewis (1995) p. 211 Though dhimmis were subject to legal and social inferiority, and discrimination was permanent, necessary, and "inherent in the system and institutionalized in law and practice," they often managed to secure considerable economic wealth and occasionally (though rarely) some measure of political power.Lewis (1984) p. 7; Lewis (1995) p. 211 Lewis also notes that although the regulations and restrictions imposed on dhimmis by the many Islamic communities "did not always conform to the high morals and religious principles of Islam", in practice the actual treatment and social realities of the dhimma under Islamic rule were sometimes better than the written regulations would suggest.Lewis (1995) p. 211

In his classic treatise on the principles of Islamic governance, the 11th-century Shafi'i scholar Al-Mawardi divided the conditions attached to ‘’dhimma’’ on top of the requirement to pay tribute into compulsory and desirable. The compulsory conditions included prohibitions on blasphemy against Islam, entering into sexual relations or marriage with a Muslim woman, proselytizing among Muslims, and assisting the enemies of Islam. The desirable conditions included a requirement to wear distinctive apparel, a prohibition to visibly display religious symbols, wine, or pork, ringing church bells, or loudly praying, a requirement to bury deads unobtrusively, and finally, a prohibition on riding horse or camels, but not donkeys. Al-Mawardi (2000), p. 161 The latter restrictions were largely symbolic in nature and were designed to highlight the inferiority of dhimmis compared to Muslims. Lewis (1984), p. 16

Friedmann holds that the principle that "Islam is exalted, and nothing is exalted above it" (as Bukhari puts it) had many practical effects on the relationship between Muslims and unbelievers in Muslim lands.Friedmann (2003), p. 34, 35 According to Lewis, it would have been a theological and logical absurdity for traditional Islamic societies to give the "same treatment to those who follow the true faith and those who willfully reject it."Lewis (1984), p. 4

The treatment of dhimmis, including the enforcement of restrictions placed on them, varied over time and space, depending on both the goodwill of the ruler and the historical circumstances. The "dhimma" was the most oppressive in Morocco, where Jews were subjected to what Norman Stillman called “ritualized degradation”, Stillman (1979), p. 87as well as in Yemen and Persia. Stillman (1979), p. 99; Lewis (1984) p. 39–40 The periods when Islamic states were strong generally coincided with more relaxed attitude towards dhimmis; however, treatment of non-Muslims usually became harsher when Islam was weak and in decline. Lewis (1984), p. 32 Stillman (1979), p. 109 Over time, the treatment of dhimmis tended to develop in cycles, such that periods of when restrictions imposed on dhimmis were relaxed were immediately followed by the periods of pious reaction when such restrictions came to be enforced again. Lewis (1984), pp. 49–51

The spread of the Muslim faith in the first centuries of the Islamic rule was mainly by persuasion and inducement and there was little or no attempt at forcible conversions. Many Christians, Jews and Zoroastrians converted to Islam, however there were significant differences among the conversion rate and scale of these three religions. Most Zoroastrians converted rather rapidly, while the conversion of Christians was gradual. Judaism however on the whole survived throughout Islamic lands. The reason for rapid conversion of Zoroastrians was the close association of the Zoroastrian priesthood and the structure of power in ancient Iran, and also neither possessing "stimulation of powerful frineds abroad by the Christians, nor the bitter skill in survival possessed by the Jews." For the Christians, the process of Arab settlement, of conversion to Islam and assimiliation into the dominant culture caused their gradual conversion. For many of them, transition from a dominant to a subject status, which involved disadvantages, was too much to endure. In some places, like the Maghreb, Central Asia, and southern Arabia, Christianity died out completely. Jews in contrast were more accustomed to adversity. For them, the Islamic conquest was just a change of master. They had already learnt how to adapt themselves and "endure under the conditions of political, social and economic disability." Lewis (1984), p. 17–18; Stillman (1979), p. 27

Religious aspects

Freedom of religion and forced conversions

The pledge of protection granted dhimmis the freedom to practice their religion and spared them forced conversions. Although Muslim authorities sometimes raised the question whether dhimmis should be forced to accept Islam, the prevailing opinion was that dhimmis had to be allowed to preserve their religion largely because they were an economic boon to the Muslim state. Lewis (1984), p. 9; Bat Ye'or (2002), p. 66 Indeed, in the first several centuries after the Islamic conquest and subsequently in the Ottoman Empire, forcible conversions were rare. Subsequently, rulers occasionally broke the pledge and dhimmis were forced to choose between conversion to Islam and death. Forced conversions occurred mostly in the Maghreb, especially under the Almohads, a militant dynasty with messianic claims, as well as in Persia, where Shi'a Muslims were generally less tolerant than their Sunni counterparts.Lewis (1984), pp. 94–95

In the 12th century, rulers of the Almohad dynasty killed or forcibly converted Jews and Christians in Andalusia and the Maghreb, putting an end to the existence of Christian communities in North Africa outside Egypt.Lewis (1984), p. 52; Stillman (1979), p.77Bat Ye'or (2002), p. 88 In an effort to survive under Almohads, most Jews resorted to practicing Islam outwardly, while remaining faithful to Judaism; they openly reverted to Judaism after Almohad persecutions passed.Stillman (1979), p.78 During the Cordoba massacre of 1148, the Jewish philosopher, theologian, and physician Maimonides saved his own life only by converting to Islam; after Maimonides moved to Egypt, this conversion was ruled void by a Muslim judge who was a friend and patient of Maimonides.Lewis (1984), p. 100; Bat Ye'or (2002), p. 88 As a result of Almohad persecutions and other forced conversions that took place in Morocco afterwards, several Muslim tribes in the Atlas Mountains, as well as many Muslim families in Fez, have Jewish origin.

Although Lewis claims they were very rare overall, most forced conversions of dhimmis that did happen occurred in Persia.Lewis (1984), p. 40, 152 In 1656, Shah Abbas I expelled the Jews from Isfahan and compelled them to adopt Islam, although the order was subsequently withdrawn, possibly because of the loss of fiscal revenues.Lewis (1984), p. 152; Littman (1979), p. 3 In the early 18th century, Shia'a clergy attempted to force all dhimmis to embrace Islam, but without success. In 1830, all 2,500 Jews of Shiraz were forcibly converted to Islam.Littman (1979), p. 4 In 1839, Jews were massacred in Mashhad and survivors were forcibly converted. Littman (1979), p. 4; Lewis (1984), p. 168; Stillman (1979), p.76 The same fate awaited the Jews of Barforoush in 1866, even though they were allowed to revert to Judaism after an intervention from the British and French ambassadors.

The Almohads and Muslim authorities in Yemen practiced forcible conversion of children. Ye'or and Parfitt believe that this practice was based on the belief that every child is born a Muslim.Parfitt (2000), p. 211; Bat Ye'or (2002), p. 88 Suspecting a lack of sincerity on the part of Jews who were forcibly converted to Islam, Almohad rulers took Jewish children from their parents and raised those children as Muslims.Bat Ye'or (1985), p. 61 In Yemen, a 1922 Zaydi statute known as the Orphans Decree obligated the state to take under its protection and convert any dhimmi child whose parents had died (later extended to include fatherless children).Parfitt (2000), p. 211, 212; Eraqi-Klorman (2003), p. 392 Although possibly intended to alleviate the plight of orphaned children, the Jewish community was dismayed,Eraqi-Klorman (2003), p. 392 and Jewish leaders who helped hide orphans were imprisoned and sometimes tortured.Parfitt (2000), p. 212 Despite this, the Jews in Yemen generally continued to feel that their position in society was secure.Eraqi-Klorman (2003), p. 392

Sporadic waves of forced conversion occurred at different times and places: for example, in Libya in 1558-89, in Tabriz in 1291 and 1338, and in Baghdad in 1333 and 1344.

Restrictions on practice

Although dhimmis were allowed to perform their religious rituals, they were obliged to do so in a manner not conspicuous to Muslims. Display of non-Muslim religious symbols, such as crosses or icons, was prohibited on buildings and on clothing (unless mandated as part of distinctive clothing). Loud prayers were forbidden, as was the ringing of church bells or the trumpeting of shofars.Karsh 29. According to one hadith, Muhammad said: "The bell is the musical instrument of the Satan." (Sahih Muslim )Bat Ye'or (2002), p. 86

Dhimmis had the right to choose their own religious leaders: patriarchs for Christians, exilarchs and geonim for Jews. However, the choice of the community was subject to the approval of the Muslim authorities, who sometimes blocked candidates or took the side of the party that offered the larger bribe. Stillman (1979), pp. 37–39

Dhimmis were prohibited from proselytizing on pain of death. Neither were they allowed to obstruct the spread of Islam in any manner. Other restrictions included a prohibition on publishing or sale of non-Muslim religious literature and a ban on teaching the Qur’an.

As required by the Pact of Umar, dhimmis had to bury their dead without loud lamentations and prayers. Incidents of harassment of dhimmi funeral processions by Muslims, involving pelting with stones, battery, spitting, or cursing, even by Muslim children, were common regardless of place and time. Stillman (1979), pp. 304–305; see also Stillman (1979), pp. 201–203, for examples of specific incidents.

Places of worship

According to Islamic law, permission for dhimmis to retain their places of worship and build new ones depended upon the circumstances in which the land fell under Muslim rule. According to Islamic scholars such as the Shafi'i jurist al-Nawawi, dhimmis could not use churches and synagogues if their land was conquered by attack. If the country submitted by capitulation, al-Nawawi wrote, dhimmis were permitted to build new houses of worship only if the capitulation treaty stated that dhimmis remained owners of their land. There was no consensus in Islamic jurisprudence as to whether it was permissible for dhimmis to repair churches and synagogues. The Pact of Umar puts an obligation on dhimmis not to "restore, by night or by day, any of worship that have fallen into ruin", and Ibn Kathir adhered to this view. Ibn Kathir, Tafsir. URL accessed on June 30, 2006

Abbasid caliphs al-Mutawakkil, al-Mahdi and Harun al-Rashid ordered the destruction, in their realms, of all churches and synagogues built after the Islamic conquest. In the 11th century, the Fatimid caliph Al-Hakim bi-Amr Allah oversaw over the demolition of all churches and synagogues in Egypt, Syria and Palestine, including the Church of the Holy Sepulchre in Jerusalem. However, al-Hakim subsequently allowed the rebuilding of the destroyed buildings. Laws may have been unevenly applied and al-Mawardi states that dhimmis were allowed to rebuild dilapidated old temples and churches. Al-Mawardi (2000), p. 162; see also Bat Ye’or (1985), p. 179 It has also been suggested that dhimmis sometimes managed to keep churches and synagogues in good repair, extend them or even build new ones by bribing local officials. Bat Ye’or (2002), pp. 83–85

Blasphemy

Blasphemy against Islam, which included defamation of Muslim holy texts, denial of the prophethood of Muhammad, and disrespectful references to Islam, on part of dhimmis was a capital crime. Scholars of the Hanbali and Maliki schools, as well as the Shi’ites, prescribe a death penalty for blasphemy, while Hanafis and to some extent Shafi’is advocate flogging and imprisonment in some cases, reserving the death penalty only for habitual and public offenders. Lewis (1984), p. 39

Many dhimmis were executed as a result of accusations that they insulted Islam. Stillman (1979), p. 103; Lewis (1984), p. 40 Although some deliberately sought martyrdom, many blasphemers were insane or drunk; it was not uncommon was the blasphemy accusation to be made due to political considerations or private vengeance, and the fear of a blasphemy charge was a big factor in the fearful and subservient attitude of dhimmis toward Muslims.Lewis (1984), p. 40 As Edward William Lane put it describing his visit to Egypt: "^* scarcely ever dare to utter a word of abuse when reviled or beaten by the meanest Arab or Turk; for many a Jew have been put to death upon a false and malicious accusation of uttering disrespectful words against the Kuran or the Prophet". Quoted in Lewis (1984), p. 40 Accusations of blasphemy provoked acts of violence against the entire dhimmis communities, as it happened in Tunis in 1876, Hamadan in 1876, Aleppo in 1889, Sulaymaniya in 1895, Tehran in 1895, or Mosul in 1911. Bat Ye’or (1985), p. 60

Taxation

Dhimmi communities were subjected to the payment of taxes in favor of Muslims — a requirement that was central to dhimma as a whole. Sura 29 stipulates that jizya be exacted from non-Muslims as a condition required for jihad to cease. Failure to pay the jizya could result in the pledge of protection of a dhimmi's life and property becoming void, with the dhimmi facing the alternatives of conversion, enslavement or death (or imprisonment, as advocated by Abu Yusuf, the chief qadi — religious judge — of Abbasid caliph Harun al-Rashid).Lewis (1984), pp. 14–15

The importance of dhimmis as a source of revenue for the Muslim community is illuminated in a letter ascribed to Umar I and cited by Abu Yusuf: "if we take dhimmis and share them out, what will be left for the Muslims who come after us? By God, Muslims would not find a man to talk to and profit from his labors." Lewis (1984), pp. 30–31; see Bat Ye’or (1985), p. 170, for a full English translation of the letter The two main taxes imposed on dhimmis are known as jizya — a poll tax — and kharaj — a land tax. Early chronicles use these terms indiscriminately; only later did the kharaj emerge as a tax payable by a farmer regardless of his religion. Lewis (2002), p. 81

In an important early account, Malik's Muwatta reports that the jizya was collected from men only, dhimmis were exempt from zakat, and additional taxes were to be levied against dhimmis who travelled on business:

"The Sunnah is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma ... do not have to pay any zakat ... This is because zakat is imposed on the muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them...If in any one year they frequently come and go in muslim countries then they have to pay a tenth every time they do so, since that is outside what they have agreed upon, and not one of the conditions stipulated for them. This is what I have seen the people of knowledge of our city doing." ()

Most Islamic scholars agree that jizya must be levied only upon adult males. Another interpretation is that jizya was only paid by men because it was an exchange for the dhimmi's life: as it was only the adult males whose lives were forfeit in defeat, so only they had to pay the jizya.

The 8th-century scholar Abu Ubayd advised that dhimmis must not be burdened above their capacity or caused to suffer. Al-Nawawi, however, dissents, demanding "the poll tax to be paid by dying people, the old, … the blind, monks, workers, and the poor, incapable of practicing a trade." The latter view was often applied in practice, as contemporary non-Muslim sources give witness of taxation even of dead persons, widows, and orphans. Al-Nawawi demands that the unpaid amount of poll tax remain a debt to the dhimmi’s account until he becomes solvent. Bat Ye’or (2002), pp. 69–71 In the Ottoman Empire, dhimmis had to carry a receipt certifying their payment of jizya at all times, upon pain of imprisonment.

Although in general dhimmis had to pay higher taxes (despite not having to pay zakat), Lewis notes that there are varying opinions among scholars as to how much of an additional burden this was.Lewis (1984), pp. 14–15 According to Norman Stillman: "Jizya and kharaj were a crushing burden for the non-Muslim peasantry who eked out a bare living in a subsistence economy."Stillman (1979), p. 28 Ultimately, the additional taxation was a critical factor that drove many dhimmis to accept Islam.Lewis (1984), p. 17–18; Stillman (1979), p. 18

Legal aspects

Prohibition on testimony

The testimony of dhimmis was not admissible in cases involving a Muslim; on the other hand, Muslims could testify against dhimmis.Friedmann (2003), pp. 35–36 This legal disability put dhimmis in a precarious position where they could not defend themselves against false accusations leveled by Muslims, except by hiring Muslim witnesses and bribing qadis. Bat Ye'or believes that apart from breeding corruption, the prohibition on non-Muslim testimony deepened the rift between communities, as dhimmis sought to reduce the possibility of conflict by limiting contact with Muslims.Bat Ye’or (2002), p. 74

Punishment for murder of a dhimmi

In all schools of Islamic jurisprudence, except the Hanafi, the maximum punishment for the murder of a dhimmi, if perpetrated by a Muslim, was the payment of blood money; no death penalty was possible. For Maliki and Hanbali schools of jurisprudence, the value of a dhimmi's life was one-half the value of a Muslim's life; in the Shafi'i school, Jews and Christians were worth one-third of a Muslim and Zoroastrians were worth just one-fifteenth. The Hanafi school, which represents the majority of Sunni Muslims, however, believes that the murder of a dhimmi must be punishable by death, citing a hadith according to which Muhammad ordered the execution of a Muslim who killed a dhimmi.Bat Ye’or (2002), p. 75

A peculiar practice developed in Yemen, where Arab tribes collected jizya from Jews, offering them protection. If a Muslim from one tribe killed a Jew protected by another tribe, then the other tribe could retaliate by killing a Jew protected by the tribe of the murderer. As a result, two Jews were murdered, while no direct sanctions were imposed on the Muslims.Bat Ye’or (2002), p. 79

Inheritance

The general rule in Islamic law is that a difference in religion is an obstacle to inheritance, so that neither dhimmis can inherit from Muslims, nor Muslims can inherit from dhimmis. However, some jurists maintain that a Muslim can inherit from a dhimmi, while a dhimmi cannot inherit from a Muslim. Shi'a scholars went so far as to argue that if a dhimmi dies leaving even one Muslim heir, all the estate belongs to the Muslim heir at the expense of any dhimmi heirs. This provision was a subject of frequent complaints from Persian Jews. Lewis (1984), pp. 26–27; see also Friedmann (2003), p. 35

Personal safety

In accordance with the Pact of Umar, dhimmis had no right to bear arms of any kind. The few exceptions to this rule were some Jewish tribes in the Atlas Mountains and in the Central Asia. Bat Ye’or (1985), p. 62 Despite the prohibition to carry weapons, Muslim jurists allowed using a dhimmi as an auxiliary soldier "as one would use a dog". Al-Mawardi (2000), p. 66; the expression in quotes is from al-Sarakhsi, translated in Lewis (1984), p. 199; see also Friedmann (2003), p. 36 In the border provinces, dhimmis were sometimes recruited for military operations. In such cases, they were exempted from jizya for the year of service;"Djizya (i)", Encyclopaedia of Islam Online however, they were not entitled to a share in the booty, receiving only a fixed stipend. Lewis (1984), p. 199

Being forbidden to bear arms, non-Muslims relied on the Muslim authorities for personal safety. Usually these authorities managed to protect dhimmis from violence, but such protection was likely to fail at times of public disorder. Lewis (1984), p. 36 In the Maghreb during changes of reign and periods of instability, Jewish quarters were pillaged and their inhabitants either massacred or abducted for ransom. Bat Ye’or (1985), p. 61

Outbreaks of violence, including massacres and expulsions, directed against dhimmis became more frequent from the late 18th century. In 1790, Jews were massacred in Tetouan and then in 1828, in Baghdad. In mid-19th century a wave of violence and forced conversions of Jews swept across Persia: in 1834, Jews were massacred in Safed, in 1839 in Mashhad, and in 1867 in Barforoush. Other outbreaks followed in Morocco, Algeria, Tunisia, Libya, and other Arab countries of the Middle East. Lewis (1984), p. 168 In 1860, 5,000 Christians were massacred in Damascus. Stillman (1979), p. 104 In 19th-century Iraq, especially in the area of Mosul, both Jews and Christians lived in a state of constant insecurity. Stillman (1979), p. 102 Jewish quarters were destroyed in 1912 in Fez and as late as in 1948 in Sana.

Enslavement

An exception to the right of personal freedom guaranteed by the dhimma was the practice of enslavement of young non-Muslim boys for the ruler’s slave army. The practice goes back to the Abbasids, who recruited such slave warriors mainly from non-Muslim Turkic populations; descendants of those slaves later formed the Mamluk dynasties.Lewis (2002), p. 90 The Ottoman Empire practiced a similar system, known as devshirmeh, by annually enslaving young boys from the Christian population of its Balkan provinces, to muster Janissary troops.

Social and psychological aspects

Humiliation

In his commentary on Sura 29, Ibn Kathir writes that dhimmis must be:

disgraced, humiliated and belittled. Therefore, Muslims are not allowed to honor the people of the dhimma or elevate them above Muslims, for they are miserable, disgraced, and humiliated.

Friedmann sees some Quranic verses as suggesting that Muslims inflict humiliation and misery on unbelievers in support of the goal of making Islam prevail over all other religions.Friedmann (2003), p. 34 As a 14th-century Egyptian scholar Ibn Naqqash put it: "[The prior degradation of the infidels in this world before the life to come — where it is their lot — is considered an act of piety."Ibn Naqqash, English translation in Bat Ye'or (1985), p. 188 In the Arab society, where honor plays a critical role, denigration of dhimmis was supposed to reduce them to the lowest level of human life, helping to generate many conversions among dhimmis of upper classes.Bat Ye'or (2002), p. 90; Stillman (1979), p. 73 Bernard Lewis comments:

The Qur'an and tradition often use the word dhull or dhilla (humiliation or abasement) to indicate the status God has assigned to those who reject Mohammad, and in which they should be kept for so long as they persist in that rejection.Lewis (1984), p. 14

As recommended by many Muslim scholars, jizya was to be collected in a humiliating procedure:

^*he collector remains seated and the infidel remains standing..., his head bowed and his back bent. The infidel must place money on the scales, while the collector holds him by his beard and strikes him on both cheeks.(Al-Nawawi)Al-Nawawi, Minhadj, quoted in Bat Ye’or (2002), p. 70

Jews, Christians, and Majians must pay the jizya…on offering up the jizya, the dhimmi must hang his head while the official takes hold of his beard and hits dhimmi on the protruberant bone beneath his ear the mandible…(Al-Ghazali)Kitab al-Wagiz fi Fiqh Madhab al-Imam al-Safi’i, English translation cited in Andrew Bostom (2005), p. 199.

Following this handing over of the jizya payment the emir will strike the dhimmi on the neck with his fist; a man will stand near the emir to chase away the dhimmi in haste; then a second and a third will come forward to suffer the same treatment as well as all those to follow. All will be admitted to enjoy this spectacle. (Ahmad al-Dardi al-Adawi) Ahmad ad-Dardi el-Adaoui. Fetowa [1772: ‘Réponse à une question’ Translated into French by François-Alphonse Belin. Journal Asiatique, 4th ser. 19 (1852): 107-8. English translation from Bat Ye’or (1996), p. 361-362.

On the day of payment they dhimmis shall be assembled in a public place … They should be standing there waiting in the lowest and dirtiest place. The acting officials representing the law shall be placed above them and shall adopt a threatening attitude so that it seems to them, as well as to the others, that our object is to degrade them by pretending to take their possessions. They will realize that we are doing them a favor in accepting from them the jizya and letting them go free. They then shall be dragged one by one for the exacting of payment. When paying, the dhimmi will receive a blow and will be thrown aside so that he will think that he has escaped the sword through this. This is the way that the friends of the Lord, of the first and last generations, will act toward their infidel enemies, for might belongs to Allah, to His Prophet, and to the believers. (Muhammad Abd al-Karim al-Maghili)Georges Vajda. “Un Traité maghrébin ‘Adversus Judaeos’. Ahkam ahl al-Dhimma relating to the dhimmis du Shaykh Muhammad b. Abd al-Karim al-Maghili.” In Etudes d’Orientalisme dédiées à la mémoire de Lévi-Provençal. 805-813. Paris: Masionneuve & Larose. English translation from Bat Ye’or (1996), p. 361

The dhimmis posture during the collection of the jizya – themselves by walking on their hands, reluctantly; on the authority of Ibn ’Abbas (al Tabari). Tabari, Ja:mi ’al-Baya:n …, ed. M. Sha:kir (Beirut, 1421/2001), vol. 10. Pp. 125-6. English translation from Andrew Bostom (2005), p. 128.

Some scholars explicitly link this ritual to the interpretation of Sura , that jizya was not merely to be a tax, but also a symbol of humiliation:

means submissively … by coercion … yadin means directly, not trusting the trickery of an intermediary … by force … without resistance … in an unpraiseworthy manner … while you stand the dhimmi sits with the whip in front of you take the money while he has dirt on his head. (Al-Suyuti's tafsir on Sura 29)From Al-Suyuti’s Durr al-Manthu:r … (Beirut, n.d.), vol. 3, p.228. English translation from Andrew Bostom (2005), p. 127.

Abu Yusuf, however, advises against the mistreatment of dhimmis during jizya collection, saying that "they should be treated with leniency".Lewis (1984), p. 15 The annual payment ritual was not followed in parts of the Ottoman Empire, where jizya was collected from individuals by representatives of the dhimmi communities themselves. Dhimmis were frequently referred to by derogatory names, both in the official and in the everyday speech. In the Ottoman Empire, the official appellation for dhimmis was "raya", meaning "a herd of cattle". In the Muslim parlance, "apes" was the standard epithet for the Jews, while Christians were frequently denoted as "pigs". These animalistic parallels were rooted in the Qur'anic verses describing some People of the Book being transformed into apes and pigs (Qur'an ).Stillman (1979), p. 214; "Kird" Encyclopaedia of Islam Online

Echoing a saying attributed to Muhammad (Sahih Muslim ), Hasan al-Kafrawi, an 18th century scholar, advises that "if you encounter one of them [dhimmis on the road, push him into the narrowest and tightest spot". Both Muslim sources and European travelers to the Middle East describe humiliations and insults of dhimmis, and especially of the Jews. Bat Ye’or (1985), p. 64; see Lewis (1984), pp. 164–166, Stillman (1979), pp. 315–316 for some specific examples. Throwing of stones at dhimmis was a favorite amusement of Muslim children in many places from early times until nowadays.Lewis (1984), p. 36Bat Ye’or (1985), p. 64

Distinctive clothing

See also Yellow badge

For dhimmis to be clearly distinguishable from Muslims in public, Muslim rulers often prohibited dhimmis from wearing certain types of clothing, while forcing them to put on highly distinctive garments, usually of a bright color. To increase the debasement of non-Muslims, the clothes usually had to be made of rough fabrics and were often incongruous. Although distinctive clothing for non-Muslims was not spelled out in Islamic holy texts, Muslim scholars still agreed that dhimmis must not wear the same clothing as Muslims do; frequently, these scholars cited the Pact of Umar in which Christians supposedly took an obligation to "always dress in the same way wherever we may be, and ... bind the zunar belt round our waists". Al-Nawawi required dhimmis to wear a piece of yellow cloth and a belt, as well as a metallic ring, inside public baths.Al-Nawawi, Minhadj, quoted in Bat Ye’or (2002), p. 91

Regulations on dhimmi clothing varied frequently to please the whims of the ruler. Although the initiation of such regulations is usually attributed to Umar I, historical evidence suggests that it was the Abbasid caliphs who pioneered this practice. In 807, Harun al-Rashid ordered that Jews should wear high cone caps and yellow belts, the first prototypes of the yellow badge; Christians had to wear blue belts. These distinction marks became obsolete in 849 when al-Mutawakkil ordered dhimmis to put a yellow veil on their heads and shoulders and wear a wide belt. He also required them to wear small bells in public baths. In the 11th century, the Fatimid caliph Al-Hakim ordered Christians to put on half-meter wooden crosses and Jews to wear wooden calves around their necks. In the late 12th century, Almohad ruler Abu Yusuf ordered the Jews of the Maghreb to wear dark blue garments with long sleeves and saddle-like caps. His grandson Abdallah made a concession after appeals from the Jews, relaxing the required clothing to yellow garments and turbans. In the 16th century, Jews of the Maghreb could only wear sandals made of rushes and black turbans or caps with a red piece of garment on it.Bat Ye’or (2002), pp. 91–96

Ottoman sultans were similarly diligent and inventive in regulating the clothings of their non-Muslim subjects. In 1577, Murad III issued a firman forbidding Jews and Christians from wearing dresses, turbans, and sandals. In 1580, he changed his mind, restricting the previous prohibition to turbans and requiring dhimmis to wear black shoes; Jews and Christians also had to wear red and black hats, respectively. Observing in 1730 that some Muslims took to the habit of wearing caps similar to those of the Jews, Mahmud I ordered the hanging of the perpetrators. Mustafa III personally helped to enforce his decrees regarding clothes. In 1758, he was walking incognito in Istanbul and ordered the beheading of a Jew and an Armenian seen dressed in forbidden attire. The last Ottoman decree affirming the distinctive clothing for dhimmis was issued in 1837 by Mahmud II. Discriminatory clothing did not exist only in those Ottoman provinces where Christians were in majority, e.g. in Greece and the Balkans.

Riding

Dhimmis were forbidden to ride horses or camels; they were only allowed to ride donkeys and only on packsaddles, a prohibition that has its roots in the Pact of Umar. In the 18th century, Damanhuri, rector of Al-Azhar University, summed up the consensus of Islamic jurists: "Neither Jew nor Christian should ride a horse, with or without saddle. They may ride asses with a packsaddle." Bat Ye’or (2002), p. 97 An additional requirement for dhimmis was not ride astride, but only sidesaddle, like a woman. Lewis (1984), p. 36 In the Mamluk Egypt, where non-Mamluk Muslims were not allowed to ride horses and camels, dhimmis were prohibited even from riding donkeys inside cities.Stillman (1979), p. 471 The same prohibition imposed on dhimmis was recorded in the 19th century in Damascus,Bat Ye’or (1985), p. 63 as well as in Tunisia.Stillman (1979), p. 417

European travelers passing through the Middle East in the 18th and 19th centuries left ample evidence of the careful enforcement of prohibitions on horseback riding. Danish traveler Carsten Niebuhr wrote in 1761 that in Egypt, Jews and Christians were forced to alight while passing the houses of notable Muslims and when meeting such notables in the street. Bat Ye’or (2002), p. 98 A Frenchman visiting Cairo in 1697 recorded the same situation. In Yemen and in the rural areas of Morocco, Libya, Iraq, and Persia, dhimmis had to dismount from a mule when passing a Muslim.

Dwelling places

The dhimmis’ obligation not to build houses higher than those of Muslims is one of the clauses of the Pact of Umar, supported as a desirable condition of ‘’dhimma’’ by the consensus opinion of Islamic scholars. Al-Mawardi (2000), p. 161 According to Bat Ye'or, the rule was not always enforced; for example, no such laws were recorded in Muslim Spain, and in Tunisia Jews owned fine houses. Bat Ye’or (1985), p. 62 Sometimes, Muslim rulers issued regulations requiring dhimmis to attach distinctive signs to their houses. In the 9th century, Abbasid caliph al-Mutawakkil ordered dhimmis to nail wooden images of devils to the doors of their homes. Al-Tabari, Ta'rikh al-Rusul wa 'l-Muluk, translated in Stillman (1979), p. 167 At about the same time in Tunisia, a qadi of the Aghlabid dynasty compelled dhimmis to nail onto their doors a board bearing the sign of a monkey. Al-Maliki, Riyad an-Nufus, translated in Bat Ye’or (1985), p. 186; see also "Kird", Encyclopaedia of Islam Online (2006) In Bukhara, Jews had to hang a piece of cloth out of their houses so that they could be distinguished from those of Muslims. Bat Ye’or (1985), p. 64

Dhimmis were seldom prohibited from living in certain places, but there were some exceptions. In Morocco, where beginning from the 15th century and especially since the early 19th century, Jews were confined to mellahs — walled quarters, similar to European ghettos. Jews were also forced to live in separate quarters in Persia. Neither Jews, nor Christians were allowed to live in Hejaz after Umar I had expelled them. Lewis (1984), p. 28

Marriage

Islamic jurists reject the possibility that a dhimmi man (and generally any non-Muslim) may marry a Muslim woman.Al-Mawardi (2000), p. 161; Friedmann (2003), p. 161; Lewis (1984), p. 27; Bat Ye'or (1985), p. 62 According to Friedmann, Islamic law regarding mixed marriages developed out of three Quranic verses - , , and . As some early Muslim scholars put it, Friedmann relates, such a marriage would lead to an incompatibility between the superiority of a woman by virtue of her being a Muslim and her unavoidable subservience to a non-Muslim husband. Friedmann also claims that some traditionalists compare marriage to enslavement and thus just like dhimmis are prohibited from having Muslim slaves, so dhimmi men are not allowed to have Muslim wives; conversely, Muslim men were allowed to marry women of the "People of the Book" because the enslavement of non-Muslims by Muslims is allowed.Friedmann (2003), pp. 161–162 Azizah Y. al-Hibri states that the relevant hadith regarding marriage and slavery are just drawing an analogy between the status of women in Muhammad's society to that of powerless slaves and are beseeching the male audience to treat them kindly: "Be good to women; for they are powerless captives (awan) in your households. You took them in God’s trust, and legitimated your sexual relations with the Word of God, so come to your senses people, and hear my words...." Azizah Y. al-Hibri, 2003

The prohibition of marriage between Muslim woman and Dhimmi man was enforced with the utmost rigor,Lewis (1984), p. 27 with any violations of it, including a sexual relationship between a non-Muslim man and a Muslim woman, being punishable by death; similar to the position between Christians and Jews under the laws of Byzantine Empire "according to which a Christian could marry a Jewish woman, but a Jew could not marry a Christian woman under pain of death".Lewis (1984) p.27, Bat Ye'or (1985), p. 62; Friedmann (2003), p. 163 All schools of Islamic jurisprudence, with the exception of Hanafi, treated dhimmis who married or engaged in sexual relations with Muslim women like adulterers, for whom the punishment is death by stoning.Al-Mawardi (2000), p. 243 In cases when a non-Muslim wife converts to Islam, while her non-Muslim husband does not, their marriage is annulled.Friedmann (2003), pp. 163–164

Contact restrictions

Andrew Wheatcroft describes how some social customs such as different conceptions of dirt and cleanliness made it difficult for the religious communities to live close to each other, either under Muslim or under Christian rule.

For Muslims and Christians alike the experience of living in close proximity to unbelievers was disquieting. The social customs of each group invariably sought to minimize contact with the people of other faiths. Each often spoke of the other in terms of fear and sometimes disgust. Wheatcroft (2003) p73

=Shia Ritual purity

= Shi'a Islam devotes much attention to the issues of ritual purity — tahara. According to Bernard Lewis,strict Shi'as may consider Non-Muslims ritually unclean— najis — so that certain physical contact with them or things they touched with wet hands would require purification before undertaking religious or ritual duties. Lewis (1984), pp. 33–34 In Persia, where Shi'ism is dominant, these beliefs brought about restrictions that aimed at limiting physical contact between Muslims and dhimmis. In the late nineteenth-century, some very strict authorities in Iran forbade Jews to go out in rain or snow. "By the early years of the twentieth century such beliefs and the resulting practices were gradually being forgotten". However, Lewis, pointing out the view of Ruhollah Khomeini on ritual purity, states that such beliefs have been more recently remembered. Lewis (1984), pp. 33–34 Opinions of modern Shi'a scholars range from Ruhollah Khomeini's view that all non-Muslims are uncleanLewis (1984), p. 34 to the position held by Fazel Lankarani that Jews and Christians are clean.Official website of Grand Ayatollah Fazel Lankarani URL accessed on April 27, 2006

Consequences of dhimma

Over the course of many centuries, dhimma gradually led to the conversion of most Zoroastrians and Christians to Islam, but had a limited impact on the Jews. Zoroastrianism was the first to crumble after the Muslim conquest of Persia. Closely associated with the power structures of the Persian Empire, Zoroastrian clergy quickly declined after it was deprived of the state support.Lewis (1984), p. 17–18; Stillman (1979), p. 27

For Christians, the process of conversion was slower — it is possible that as late as at the time of the Crusades Christians still constituted a majority of the population — but no less inexorable. The switch from a dominant to an inferior position proved too difficult for many Christians and they converted to Islam in large numbers to avoid oppression. Christianity disappeared altogether in Central Asia, Yemen, and the Maghreb, when it was subjected to persecution by the Almohads. Christians continued to live in Syria, Iraq, and Egypt, but their numbers were still reduced to a tiny minority. The relative resiliency of Christians in those countries stemmed from their subordinated position in the Byzantine Empire, which made them more amenable to accepting Muslim supremacy; he suggests that many of them felt better under the early Muslim rule than under the Byzantines.

Jews, were the least affected. Accustomed to survival in adverse circumstances after many centuries of Roman and Byzantine persecutions, Jews saw the Islamic conquests as just another change of rulers; this time, not necessarily for the worse. Voluntary conversion among the Jews was rare, and they managed to preserve their religion all over the Muslim lands.

Dhimma in the modern world

The status of dhimmi "was for long accepted with resignation by the Christians and with gratitude by the Jews" but ceased to be so after the rising power of Christendom and the radical ideas of the French revolution caused a wave of discontent among Christian dhimmis. Lewis (1984) p. 62 While Muslims opposed abolishment of dhimma laws, continuing and growing pressure from the European powers and also pressure from Muslim reformers gradually relaxed the inequalities between Muslims and non-Muslims. Lewis 1984 summary of p.62-66. See p.62(second paragraph), p.65(third paragraph)

The enforcement of the laws of the dhimma was widespread in the Muslim world until the mid-nineteenth century, when the Ottoman empire significantly relaxed the restrictions placed on its non-Muslim residents.Spencer (2005), p. 51 These relaxations occurred gradually as part of the Tanzimat reform movement, which began in 1839 with the accession of the Ottoman Sultan Abd-ul-Mejid I."1839-61", The Encyclopedia of World History Online

On November 3, 1839, an edict called the Hatt-i Sharif of Gulhane was put forth by the Sultan that, in part, proclaimed the principle of the equality of all subjects regardless of religion. Part of the motivation for this was the desire to gain support from the British Empire, whose help was desired in a conflict with Egypt. "1839 Nov. 3", The Encyclopedia of World History Online

On February 18, 1856, another edict was issued called Hatt-i Humayan, which built upon the 1839 edict. It came about partly as a result of pressure from and the efforts of the ambassadors of England, France, and Austria, whose respective countries were needed as allies in the Crimean War. It again proclaimed the principle of the equality of Muslims and non-Muslims, and produced many specific reforms to this end. For example, the jizya tax was abolished and non-Muslims were allowed to join the army. "1856, Feb. 18", The Encyclopedia of World History OnlineLapidus (1988), p. 599Lapidus (2002), p. 495

Views of Modern scholars about Dhimmi

Allameh Tabatabaei, a prominent contemporary Shia scholar, commenting on a hadith that claims that the verse 9:29 has "abrogated" other verses asking for good behaviour toward dhimmis, states that "abrogation" could be understood either in its terminological sense or its literal sense. If "abrogation" is understood in its terminological sense, Muslims should deal with dhimmis stricly in a good and decent manner. Tafsir al-Mizan on verses 2:83-88, Allameh Tabatabaei
The Shia jurist, Grand Ayatollah Makarem Shirazi states in the selection of the Tafsir Nemooneh that the main philosophy of jizya is that it is only a financial aid to those muslims who are in the charge of safeguarding the security of the state and Dhimmi's lives and properties on their behalf Selection of Tafsir Nemooneh, Grand Ayatollah Makarim Shirazi, p. 10, volume 2, on verse 9:29

Notes

References

Bosworth, C. E. (1982). The Concept of Dhimma in Early Islam In Benjamin Braude and B. Lewis, eds., Christians and Jews in the Ottoman Empire: The Functioning of a Plural Society 2 vols., New York: Holmes & Meier Publishing. ISBN 0841905207

External links

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