A dhimm? (Arabic: ??? ? ? Imm? , IPA: Ã, ['ÃÆ' Â °? Mmi:] , collectively ??????? ahl ul -? immah/dhimmah " people of dhimma ") is a historic term that refers to non-Muslims living in Islamic countries with legal protection. The word literally means "the one who is protected". Dhimmis have their rights fully protected in their community, but as citizens of an Islamic state, have certain restrictions, and it is obligatory for them to pay the jizya tax, which supplements the zakat, or alms, paid by the Muslim subjects. Dhimmis are freed from certain tasks assigned exclusively to Muslims, and do not enjoy certain political rights reserved for Muslims, but are otherwise equal under the laws of property, contracts and duties.
Under the Shari'a, dhimmi communities are usually subject to their own special laws, and are exempt from some laws that apply to the Muslim community. For example, the Jewish community in Medina was allowed to have its own Halakhic court, and the Ottoman millet system allowed various dhimmi communities to govern themselves under separate court courts. These courts do not include cases involving religious groups outside their own communities, or violations of capital. Dhimmi communities are also allowed to engage in certain practices that are normally banned for the Muslim community, such as the consumption of alcohol and pork.
Historically, dzimmi's status was initially applied to Jews, Christians, and Says. This status will also apply to the Zoroastrian, Hindu, Jain, and Buddha people.
Moderate Muslims generally reject the dhimma system as inappropriate for the age of nation-state and democracy. There are opinions among 20th-century and contemporary theologians about whether dhimma's ideas are suitable for modern times, and, if so, what form should be taken in an Islamic state.
Video Dhimmi
"kontrak dhimma"
Based on Qur'anic verses and Islamic traditions, the classical Shari'ah distinguishes between Muslims, followers of other Abrahamic religions, and unbelievers or persons belonging to other polytheistic religions. As a monotheist, Jews and Christians have traditionally been considered "People of the Book," and are given a special status known as dhimmi derived from a theoretical contract - "dhimma" or "dwelling place in return for tax". In Jewish Jewish sources, a covenant was drawn between Muhammad and the Jews, known as the kit. B? Imam al-nabi , written in the 17th year of Hijrah (638 CE), and who gave freedom of expression to the Jews who lived in Arabia to observe the Sabbath and cultivate their sides but were required to pay the jizya ( tax-poll) every year for their protection by their patrons. There are parallels to this in Roman and Jewish law. The Muslim government in the Indus valley easily extends the status of dhimmi to Hindu and Indian Buddhism. Finally, the largest Islamic scholarship school applies this term to all non-Muslims living in Islamic lands outside the sacred territory around Mecca, Saudi Arabia.
The classical Shari'ah incorporates Christian and Jewish and Hindu religious law and courts, as seen in the early caliphs, Al-Andalus, the Indian subcontinent, and the Ottoman Millet system. Quoting the Qur'anic statement, "Let Christians judge according to what We have stated in the Gospel," Muhammad Hamidullah writes that Islam has decentralized and "communicated" the law and justice. In medieval Islamic societies, Muslim jurists usually can not interfere in non-Muslim matters unless the parties voluntarily choose to be judged according to Islamic law, so that dhimmi communities living in Islamic countries are usually has its own law apart from sharia law, like a Jew who will have his own rabbi court. These courts do not include cases involving other religious groups, or violations of capital or threats to public order. In the 18th century, however, dhimmis often attended Ottoman Muslim courts, where cases were taken against them by Muslims, or they took cases against Muslims or other dhimmis. The oath sworn by the dhimmi in this court is adapted to their convictions.
Non-Muslims are allowed to engage in certain practices (such as the consumption of alcohol and pork) that are normally forbidden by Islamic law, in fact, every Muslim who pours their wine or is forced to take it is responsible for paying compensation. The Zoroastrian "self-marriage", which is considered an incest under shari'ah, is also tolerated. Ibn Qayyim Al-Jawziyya (1292-1350) argues that non-Muslims are entitled to such practices because they can not be brought to sharia courts and questionable religious minorities. This ruling is based on a precedent that the prophet of Islam Muhammad did not forbid such self-marriage among the Zoroastrians despite touching the Zoroastrians and knowing about this practice. Religious minorities are also free to do what they want in their own homes, provided they do not openly engage in illicit sexual activity in ways that threaten public morals.
However, the classic dhimma contract is no longer enforced. The West's influence has played a part in eliminating the limitation and protection of the dzimmah contract.
According to law professor H. Patrick Glenn of McGill University, "[t] oday it is said that dhimmi 'was excluded from the special rights of Muslims, but on the other hand they were excluded from Muslim' temporary special duties (and here there is a clear parallel with the treatment of public law and foreigners to strangers - Fremdenrecht, la condition de estrangers), '[f] or else, Muslims and dhimmis are equal in almost all property laws and contracts and obligations. "
DHIMMA contract and sharia law
DHIMMA contracts are an integral part of traditional Islamic sharia. From the 9th century AD, the power to interpret and improve the law in traditional Islamic societies was in the hands of the scholars ( ulama ). This separation of powers serves to limit the range of actions available to the authorities, who can not easily resolve or reinterpret the law independently and expect continued support from the community. Through the centuries and empires, the balance between ulema and ruler shifted and reformed, but the balance of power never changed with certainty. At the beginning of the nineteenth century, the Industrial Revolution and the French Revolution introduced an era of European world hegemony which included the dominance of most of the Islamic lands. At the end of the Second World War, European powers found themselves too weak to defend their kingdom. The vast diversity of government, legal systems, attitudes toward modernity and the interpretation of shari'a is the result of the subsequent drive for independence and modernity in the Muslim world.
Muslim countries, sects, schools of thought and individuals differ about what the Shari'a law requires. In addition, Muslim countries are now exploiting the spectrum of the legal system. Most states have a mixed system that implements certain aspects of sharia while acknowledging the supremacy of the constitution. Some, like Turkey, have declared themselves secular. Local laws and customs can take precedence in certain matters, as well. Therefore Islamic law is polinormative, and although there have been several cases of regression in recent years, the trend is toward modernization and liberalization. Questions about human rights and minority status can not be generalized in relation to the Muslim world. They should instead be examined on a case-by-case basis, within a specific political and cultural context, using perspectives taken from the historical framework.
End of dhimma contract
The dhimmi status "has long been accepted with the resignation by Christians and with gratitude by the Jews" but the increasing power of the Christian world and the radical ideas of the French Revolution caused a wave of discontent among the Christian dhimmis. The ever-growing pressure of European powers combined with the pressure of Muslim reformers, gradually loosening inequalities between Muslims and non-Muslims.
Jews and Christians living under early Muslim rule were regarded as dhimmis, a status later expanded to other non-Muslims such as Hinduism. They are allowed to "practice their religion, be subject to certain conditions, and enjoy a measure of communal autonomy" and ensure their personal safety and security of property, in return for paying tribute and recognizing Muslim power. Islamic law and customs prohibit free dhimmi slavery in the land under Islamic rule. Taxation from the perspective of dhimmi under Muslim rule, is "a continuation of the concrete tax paid to the former regime" (but lower under Muslim rule). They are also exempt from zakah taxes paid by Muslims. Dhimmi communities living in Islamic countries have their own laws apart from Sharia law, such as the Jews who have their own Halakhic courts. The dhimmi community has its own leaders, courts, personal and religious laws, and "in general, Muslim tolerance for unbelievers is much better than anything available in the Christian world, until the emergence of secularism in the 17th century." "Muslims guarantee freedom of worship and livelihood, provided they remain loyal to the Muslim country and pay voting taxes". "The Muslim government appoints Christian and Jewish professionals to their bureaucracy", and thus, Christians and Jews "contribute to the making of Islamic civilization".
However, dhimmi faces social and symbolic restrictions, and a stricter enforcement pattern, then more loosely, evolves over time. Marshall Hodgson, an Islamic historian, writes that during the era of the High Caliphate (7th-13th century), cunning-minded Muslims gladly elaborated their symbolic restriction code on dhimmi.
From the perspective of Islamic law, the pledge of protection gives the dhimmi the freedom to practice their religion and let them impose the conversion. The dhimmi also serve a variety of useful purposes, especially the economy, which is a point of concern for jurists. Religious minorities are free to do whatever they want in their own homes, but can not "openly engage in illicit sex in a way that threatens public morals". In some cases, religious practices that are considered disgusting Muslims are permitted. One example is the incestual "marriage" practice in which a man can marry his mother, sister or daughter. According to the famous Islamic law scholar Ibn Qayyim Al-Jawziyya (1292-1350), non-Muslims have the right to engage in such religious practices even if it offends Muslims, under the condition that such cases are not presented to the Sharia courts Islam and that this religious minority believes that such practices are permissible according to their religion. This decision is based on a precedent that Muhammad did not forbid such marriages among the Zoroastrians even though they were in touch with them and had knowledge of their practices.
Arabs generally set up garrisons outside cities in conquered territories, and had little interaction with local dhimmi populations for purposes other than tax collection. The conquered Christian, Jewish, Mazdean, and Buddhist communities are left to live as they once were.
Christian
According to historians Lewis and Stillman, local Christians in Syria, Iraq and Egypt are non-Chalcedonian and many may feel better under Muslim early rule than under the Orthodox Orthodox Order of Byzantine Constantinople. In 1095, Pope Urban II urged Western Christian Christians to come to the aid of Palestinian Christians. The Crusades further brought Roman Catholic Christians into contact with Orthodox Christians whose beliefs they found were different from themselves perhaps more than they realized, and whose position under the Fatimid Muslim caliphate was less comfortable than expected. As a result, Eastern Christians were less supportive of the Crusaders than expected. When East Arabia was under Ottoman rule in the 16th century, the Christian population and its wealth recovered significantly. Ottoman has a long experience dealing with Christian and Jewish minorities, and is more tolerant of religious minorities than the former Muslim rulers, the Mamluks in Egypt.
However, Christians living under Islamic rule have suffered legal harm and sometimes experience persecution. In the Ottoman Empire, in accordance with the dhimmi system applied in Muslim countries, they, like all other Christians as well as Jews, were given certain freedoms. The dhimmi system in the Ottoman Empire was largely based on the Umar Pact. The status of the client establishes non-Muslim rights for property, livelihood and freedom of worship but they are essentially treated as second-class citizens of the empire and referred to in Turkish as gavors, who like to disparage the word "kafir" or "do not believe". The Umar Pause clause banning non-Muslims to build a new worship place has historically been imposed on some Ottoman Empire communities and neglected in other cases, at the discretion of the local government. Although there is no law mandating the religious ghetto, it causes non-Muslim communities to gather around the existing worship house.
In addition to other legal restrictions, Christians are not considered equal to Muslims and some restrictions are placed on them. Their testimony of Muslims by Christians and Jews can not be accepted in a court of law where a Muslim can be punished; this means that their testimonies can only be considered in commercial cases. They are prohibited from carrying weapons or climbing on horses and camels. Their home can not ignore Muslims; and their religious practices are severely restricted (for example, the ringing of church bells is strictly prohibited).
Jew
Since the early Islamic conquest initially preserved many existing machinery and administrative cultures, in many areas they amounted to little more than a change of rulers for the subject population, which "brought peace to the people of moral loss and was dissatisfied with the victims and the heavy legacy that resulted from the years of the Byzantine-Persian wars ".
MarÃÆ'a Rosa Menocal, argues that Jewish dhim who live under the Caliphate, while allowing less rights than Muslims, are still better than in the Christian part of Europe. The Jews from other parts of Europe made their way to al-Andalus, where parallel to the Christian sects considered heretical by European Catholics, they were not only tolerated, but where the opportunity to practice faith and trade was open without restriction except the prohibition proselytizing.
Bernard Lewis menyatakan:
Generally, the Jews were allowed to practice their religion and live according to the laws and scriptures of their community. Furthermore, the restrictions on which it is subject are social and symbolic rather than tangible and practical in character. That is, these rules serve to determine the relationship between two communities, and not to oppress the Jewish population.
The medieval Jewish history professor at the Hebrew University of Jerusalem, Hayim Hillel Ben-Sasson, notes:
The legal and security situation of Jews in the Muslim world is generally better than in the Christian world, for in the first, the Jews were not the only "kafirs", as compared to Christians, the Jews were less dangerous and more loyal to the Muslim regime, and because of the speed and the territorial scope of Muslim conquests enforce them the reduction of persecution and the possibility of better provision for the survival of other religious members on their land.
According to the French historian Claude Cahen, Islam has "shown more tolerance of Europe towards Jews living in Muslim lands."
Comparing the treatment of Jews in the medieval Islamic world and medieval Christian Europe, Mark R. Cohen notes that, in contrast to Jews in Christian Europe, "Jews in Islam are well integrated into the economic life of the larger society", and that they allowed to practice their religion more freely than they could in Christian Europe.
According to the cleric Mordechai Zaken, the chiefs (also known as aghas) in Muslim tribal societies such as Kurdish Kurdish society will impose a tax on their Jewish subjects. The Jews are actually civilians who are protected by their leaders in and around their communities; in return they pay a portion of their crops as a contribution, and contribute their expertise and services to their patron's chief.
Hindu and Buddhist
In the 10th century, Turks in Central Asia had brought Islam to the mountains north of the Indic plains. At the end of the 12th century, Muslims advanced rapidly to the Ganges Plain. Within a decade, Muslim armies led by Turkish slaves consolidated resistance around Lahore and brought northern India, as far as Bengal, under Muslim rule. From this Turkish slave will come sultan, including the founder of Delhi sultanate. Muslims and dhimmis participate in urbanization and prosperity of the city.
In the fifteenth century, Islamic and Hindu civilizations have developed complementarily, with Muslims taking on the role of a powerful caste in Hindu society. However, Muslims maintain their Islamic identity, and in some ways are considered by Hindus in the same light as their lowest caste.
In the 16th century, India was under the influence of the Mughal (Mongol). Babur, the ruler of the Mongol Easti kingdom, established a foothold in the north that paved the way for further expansion by his successors. Until it was defeated by European hegemony in the 18th century, the emperors of Timuri Moghul oversaw the period of coexistence and tolerance between Hindus and Muslims. The Emperor Akbar has been described as a universalist. He seeks to build tolerance and equality between all communities and religions, and institutionalize far reaching social and religious reforms. Not all Mughal emperors supported Akbar's ideals, indeed Aurangzeb tended toward a more fundamentalist approach.
Maps Dhimmi
Restrictions
There are a number of restrictions on dhimmi. In the modern sense, dhimmi will be described as second class citizens.
Although dhimmi are allowed to perform their religious rituals, they must do so in a way that is not conspicuous to Muslims. Views of non-Muslim religious symbols, such as crosses or icons, are prohibited on buildings and clothing (unless mandated as part of a typical outfit). Strict prayer is forbidden, as well as the ringing of church bells and blowing shofars. Nor are they permitted to build or repair the church without Muslim consent. In addition, dhimmis are not allowed to seek converts among Muslims. In the Egyptian Mamluks, where non-Mamluk Muslims are not allowed to ride horses and camels, dhimmi is forbidden even from riding a donkey inside the city. Sometimes, Muslim rulers enact a rule requiring dhimmi to attach distinctive signs to their homes.
Most of the restrictions are social and symbolic, and the stricter enforcement patterns, then looser, evolve over time. The main financial defect of dhimmi is the jizya tax and dhimmi facts and Muslims can not inherit each other from one another. That would create an incentive to convert if someone from the family has changed. Ira M. Lapidus states that "election tax payments appear to be commonplace, but other obligations are inconsistently enforced and do not prevent many non-Muslims from becoming important political, business and scientific figures.In the late ninth and early tenth centuries bankers and financiers Jews are important in the 'Abbasid palace.' Islamic jurists and Islamic law scholars call for the humane treatment of dhimmi.
Tax Jizya
Payments from jizya Muslim authorities are required to protect dhimmi in civil and military affairs. Sura 9 (At-Tawba), verse 29 provides that jizya is ascertained from non-Muslims as a necessary condition to stop jihad. Failure to pay for jizya may result in a life-protecting pledge and dhimmi property being void, with dhimmi facing alternatives of conversion, slavery, death or imprisonment, as advocated by Abu Yusuf, head of qadis (Islamic judge) of the Abbasid caliph Harun al-Rashid who ruled much of modern Iraq.
Lewis states there are various opinions among scholars about how much jizya burden. According to Norman Stillman: " jizya and kharaj is" a devastating burden for non-Muslim farmers living disobediently in the subsistence economy. "Both agree that in the end, additional taxation on non-Muslims is an important factor that drives many dhimmis to abandon their religion and accept Islam, but in some jizya regions the population is significantly lower than zakat, meaning dhimmi populations retain economic benefits. Cohen, the taxation, from the perspective of the dhimmi under Muslim rule, is "a concrete continuation of taxes paid to the former regime." Lewis observes that the shift from Byzantine to Arab rule was welcomed by many of the dhimmis that found the yoke much lighter than that long ago, both in taxation and in other matters, and that some, even among Christians in Syria and Egypt, favored the rule of Islam compared to Byzantine.Montgomery Watt states, "Christians may be better because the himmis under the Muslim-Arab rulers rather than under the Byzantine Greek rule. "In some places, eg Egypt, jizya is a tax incentive for Christians to convert to Islam.
The importance of dhimmi as a source of income for the Rashidun Caliphate is illustrated in a letter given to Umar I and quoted by Abu Yusuf: "if we take dhimmi and share it, what will be left for the Muslims who come after us? By God, Muslims will not find a men to talk to and take advantage of his work. "
Muslim jurists require adult men, free and healthy among the dhimma community to pay for jizya, while freeing women, children, the elderly, slaves, those affected by mental or physical disabilities, and travelers who do not live in Muslim lands.
Early Islamic scholars took a relatively human and practical attitude towards the jizya collection, compared to the 11th century commentator wrote when Islam was under threat both at home and abroad.
Lawyer Abu Yusuf, the chief judge of the caliph Harun al-Rashid, ruled as follows on how to collect jizyah
No one from the dhimma should be beaten to avenge the payment of the jizya, or be made to stand in the sun, nor should the things of hatred be inflicted on their bodies, or such things. Instead they should be treated generously.
In border provinces, dhimmis are occasionally recruited for military operations. In such cases, they are released from jizyah for the year of service.
Legal administration
The plurality of religions lies in the laws and ethics of medieval Islam. Religious law and other religious courts, including Christianity, Judaism and Hinduism, are usually accommodated within the framework of Islamic law, as exemplified in the Caliphate, Al-Andalus, Ottoman Empire and Indian subcontinent. In medieval Islamic societies, qadis (Islamic judges) usually can not interfere in non-Muslim matters unless the parties voluntarily choose to be judged according to Islamic law. Dhimmi communities living in Islamic countries typically have their own laws separate from Sharia law, such as the Jews who have their own Halakha court.
Dhimmis are allowed to operate their own courts following their own legal system. However, dhimmi often attend Muslim courts to record property and business transactions within their own communities. Cases are drawn against Muslims, against other dhimmis and even against dhimmi's own family members. Dhimmis often take cases relating to marriage, divorce or inheritance to Muslim courts so that these cases will be decided on the basis of sharia law. The oath sworn by dhimmi in Muslim courts is sometimes the same as the oath taken by Muslims, sometimes adjusted to dhimmi's conviction.
Muslim men can generally marry dhimmi women who are regarded as Book People, but Islamic jurists deny the possibility of non-Muslim men marrying Muslim women. Bernard Lewis notes that "the same position is under the law of the Byzantine Empire, according to which a Christian can marry a Jewish woman, but a Jew can not marry a Christian woman under the pain of death."
Relevant text
Qur'anic verses as the basis of Islamic policy against dhimmi
Lewis stated
- The phrase "No compulsion in religion:...", from sura 2 (Al-Baqarah), father 256, has sometimes been interpreted in the Islamic legal and theological tradition which means followers of other religions should not be forced to adopt Islam
- The phrase "To you your religion, and to me my religion", from sura 109 (Al-Kafirun), verse 6, has been used as "proof-text for pluralism and coexistence".
- Sura 2 (al-Baqarah), the father of 62 has served to justify the tolerable position given to followers of Christianity, Judaism, and Sabianism under Muslim rule.
Hadith
A hadith by Muhammad, "Whoever kills a Mu'ahid (a person given a promise of protection by a Muslim) will not smell the paradise even if the smell can be smelled at a distance of forty years (journey)." to protect the Book People in Muslim-ruled countries. Anwar Shah Kashmiri writes in his commentary on Sahih al-Bukhari Fayd al-Bari to this hadith: "You know how hard it is to kill a Muslim, for his obedience has reached the point of unbelief, and it requires that [ it abides in Hell] forever and as for killing a non-Muslim [mu'ahid] citizen, it is also no small matter, because the person who does it will not smell the heaven. "
A similar hadith regarding the status of dhimmi: "Anyone who is wrong with someone who is compact (agreement) has made [that is, a dhimmi] and puts him a burden outside his strength, I will be his accuser."
Constitution of Medina
A precedent for the dhimma contract was established by agreement between Muhammad and the Jews after the Battle of Khaybar, an oasis near Medina. Khaybar is the first region to be attacked and conquered by Muslims. When the Khaybar Jews surrendered to Muhammad after the siege, Muhammad allowed them to remain at Khaybar in exchange for surrendering to Muslims one-and-a-half of their annual output.
After Mecca was brought under Islamic rule, representatives of tribes throughout Arabia came to terms with Muhammad and the Muslims. The Madinah Constitution, the official agreement between Muhammad and all the tribes and the large families of Medina (including Muslims, Jews and Gentiles), states that non-Muslims in the Ummah have the following rights:
- The divine ( dhimma ) Security is the same for all groups,
- Non-Muslim members have the same political and cultural rights as Muslims. They will have autonomy and freedom of religion.
- Non-Muslims will take up arms against enemies of the ummah and share the cost of war. There is no betrayal between the two.
- Non-Muslims will not be obligated to take part in the religious wars of the Muslims.
Umar Pact
The Umar Pact, traditionally believed between the Umar caliph and the conquered Jerusalem Christians in the seventh century, is another source of regulation related to dhimmi. However, Western orientalists doubt the authenticity of the pact, arguing that it is usually the winners and not the defeated ones who impose rather than propose, the terms of peace, and that it is highly unlikely that those who do not speak Arabic and do not know anything about Islam can compile such documents. Academic historians believe that the Umar Pact in its current form is the product of the jurists who then associate it with Umar to lend greater authority to their own opinions. The similarity between the Umar Pact and Theodosian and Justinian Codes of the Eastern Roman Empire suggests that perhaps many Umar Pacts were borrowed from earlier codes by later Islamic jurists. At least some of the clauses of the pact reflect the measures first introduced by the Umayyad Umar II caliph or by the early Abbasid caliph.
Cultural interactions and cultural differences
During the Middle Ages, local associations known as futuwwa clubs flourished throughout the Islamic lands. Usually there are several futuwwah in every city. These clubs serve a wide range of interests, especially sports, and may involve different dress codes and habits. They are known for their friendliness, idealism, and loyalty to the group. They often have a militaristic aspect, which is said to protect each other's membership. These clubs generally cross social strata, including among their local members, dhimmis and slaves - to the exclusion of those associated with local rulers, or the amirs.
Muslims and Jews sometimes become partners in trade, with Muslims taking a day off on Friday and the Jews leaving on Saturday.
Andrew Wheatcroft explains how some social customs such as the various concepts of dirt and cleanliness make it difficult for religious communities to live in close proximity to one another, whether under Muslim rule or under Christian authority.
In modern times
Dzimma and jizya polls are no longer imposed in Muslim-majority countries. In the 21st century, jizya is widely considered to be contrary to contemporary secular concepts of civil rights of citizens and equality before the law, although there are occasional reports of religious minorities in conflict zones and submissive areas on political instability forced to pay jizya..
In 2009, it was claimed that a group of militants calling themselves the Taliban forced jizya into the Pakistani Sikh minority community after occupying some of their homes and kidnapping a Sikh leader.
Until the end of 2013, Egyptian jizya was reportedly imposed by the Muslim Brotherhood on 15,000 Coptic Christians from Dalga village.
Source of the article : Wikipedia
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