Contents

Coexistence with Non-Muslims

in Islamic Societies

Dr. Monqiz Bin Mahmoud Al-Saqqar(*)

In the Name of Allah, the Most Gracious, the Most Merciful

Foreword

Praise be to Allah and Prayer and Peace be upon His Messenger, his family, companions and followers.

One of the most visible evidences of the civilizational and cultural values of any nation lies in the magnificent human principles it attains, which extend beyond its boundaries to embrace other humans, no matter their religion and language are.

Allah has chosen our Prophet as a Messenger and sent him as a mercy for all mankind “We sent thee not save as a mercy for all peoples” (The Prophets: 107). The message of Islam is, therefore, the first universal message to transcend the limits of time, space, language and race (Every Prophet was sent to his nation only, but I have been sent to all mankind)(1).

The Prophet’s message is the last of all revealed messages, and it is one that embraces them all. The Prophet calls mankind to believe in this message, since it is the righteous course Allah has chosen for mankind “The religion before Allah is Islam (submission to Allah)”. (Al ‘Imran: 19) “And who so seeketh as a religion other than Islam (submission to Allah) it will not be accepted from him, and he will be a loser in the Hereafter”. (Al ‘Imran: 85).

The divine wisdom and will have it that man be a unique creature distinguished by freewill, and that humans break up into devout faithful and disavowing infidels “He it is Who created you, but one of you is a disbeliever and one of you is a believer, and Allah is Seer of what ye do”(Attaghaboun: 2). Had Allah willed, He could have forced His religion on humanity by turning it into a natural disposition or by imposing it by His willpower “If thy Lord had so willed, He verily would have made mankind one Ummah, yet they cease not differing, save him on whom thy Lord hath mercy; and for that He did create them” (Hud:118-119).

Ibn Kathir explains the Almighty’s verse “yet they cease not differing” as follows: “the difference in people’s religions, beliefs, creeds, opinions and sects would not cease. The difference in peoples’ religions is, therefore, Allah’s determined decree and fate with his creatures”(2). “And though thou try much, most of mankind will not believe.” (Yussuf: 103).

We may question about the destiny of those who preferred the tradition of their forefathers to the plain divine guidance, when they said “We found our fathers following a certain way and religion, and we guide ourselves by their footsteps”. How does Islam treat them? How it proceeds with them when they happen to live in its lands and under its protection?

We would attempt answering these questions by studying the texts of the Quran and the Sunnah. In so doing, we will gain insight into their meanings with the guidance of the scholars of the Ummah, and in the light of our predecessors’ practice during the glorious centuries of Islam. Such a practice as a whole provides sound answers to these questions. Our predecessors' laudable independent judgments in matters of Sharia bespeak of the fairness of Islam’s system when it comes to dealing with non-Muslims.

The subject in hand is, in fact, a message to those who have tirelessly taxed Islam with narrow-mindedness and wild allegations that were gainsaid by history.

What is even surprising is that Islam is described by one attribution and exactly its opposite. While some accuse it of violence, others criticize its tolerant tendency to which they even attribute the decline of the Islamic State. In his book “Islam”, the French scholar, Count Henry Du Castry, says: “The Muslims have exceeded the proper bounds in leniency. This eased the task of rebels and paved the way for some independent families in the Maghreb to secede from the Muslim community, both in Andalusia and in the Maghreb. Ultimately, leniency led to the dissolution of the Arab Kingdom. Had Muslims treated the people of Andalus the way Christians treated Saxons and vandal nations, they [the people of Andalus] would have leaned toward Islam and remained faithful to it”.(3)

To avoid jumping to conclusions in the research, we will let history give its impartial account on the glorious cycle of our civilization: a cycle marked by Muslims’ distinguished conduct towards other peoples, and a great one that draws guidance from the book of Allah and the Sunnah of the Prophet.

The outline of the study comes as follows:

Introduction: here I will define the types of disbelievers in Muslim countries and the rules governing them.

First chapter: I will list the rights and guarantees given to non-Muslims in Islamic society. I will also review the applications of those rights and guarantees throughout the Islamic history.

Second chapter: In this chapter, I will address the issue of the Jizya (poll tax on free non-Muslims under Muslim rule), and I will demonstrate the soundness of this law and its purpose.

Conclusion: In this part, I will give a summary on the results of the study.

I implore Allah to make this work for His glorious sake, for He is the Helper and the Omnipotent; and the close of our request will be: Al-Hamdu Lillâhi Rabbi-al-'Alamiin.

Introduction

Before explaining the rule of Islam with regards to non-Muslims living in Islamic countries, I think that it is necessary to define their types, and to carefully examine their main features as well as the rules relating to each type of them.

Disbelief is a depiction that involves all those who have accused the Prophet (PBUH) of lying in respect of any revelation sent to him, or those who believed in his truth but refrained from embracing Islam. In this respect, Ibn Taimiya says: “Disbelief occurs through the acts of disavowal of the Prophet’s sayings, or the refusal to follow him, notwithstanding the belief in his truth, such as the disbelief of the Pharaoh or the Jews and their likes”(4). What is meant by this is that disbelief applies to anyone who is not a Muslim.

For the Islamic society, disbelievers fall into various categories: First, the Harbi (a person from a country at war with Islam) is a disbeliever living in a disbelieving country, which is at war with Islam. This chapter will not deal with the Harbi, only when he enters the land of Muslims, by virtue of a Hudna (a truce), or an Aman (a security pact). In such case, he is no more a Harbi but a Muaahad (a covenanted) or a Musta'man (a person whose security is granted). Ibn Al-Qaim says “Disbelievers are either Ahl Harb (people at war with Islam), or Ahl Al’ahd (People of covenant or obligation). Ahl Al’ahd fall into three categories: Ahl-Dimmah (People of the Book protected by the Muslim State), Ahl Hudna (People of truce), and Ahl Aman (people whose security is guaranteed)”(5).

Originally the words of Aman, Aahd and Dhimmah were general terms referring to people whose security is guaranteed, and to others protected by virtue of a covenant or those living in the land of Islam by virtue of the covenants of Dhimmah (protection of people of the Book under Islamic rule), Hudna (truce), Aman (security). These are guaranteed to all these categories.

The basis of conduct with all these categories is the saying of Allah: “O ye who believe! Fulfil (all) Obligations” (Al-Ma’ida: 1).

Notwithstanding the synonym of the words Dhimmah, Hudna or Aman …etc, the Islamic Fiqh scholars make a distinction between them from the terminological point of view, and assign a separate meaning to each category.

Ahl-Dhimmah are exclusively Christian and Jewish people who received the protection of Muslims and paid the Jizya. Ibn Al-Qaim says “the words of Dimmah, Aahd and Sulh (conciliation) originally refer to (Ahl-Dhimmah, Ahl Hudnah and Ahl Aman) respectively, since the words Dhimmahh, Hudna and Aman are all similar.

When people say someone is under the Dhimmah (protection) of someone, they originally mean that he is under his Aahd (covenant) or Aaqd (agreement). However, according to many Islamic jurisprudents, the expression Ahl-Dhimmah means those who pay the Jizya: Those who have a Dhimmah for life, since they have made a covenant with Muslims that the rules of Allah and His Messenger shall apply to them, since they live in the land where those rules apply”(6). Ibn Al-Qaim, may his soul rest in peace, refers to the rules of Islam as being general rules. Otherwise, he does not deal with their personal matters or with any of their own laws.

Sulaiman Al-Boujairimi says: “The Dhimmah of Muslims is their Aahd, Aman, and Hurma”(7).

The Ahl-Aahd are those with whom the Imam made peace or reconciled. Ibn Al-Qaim says: “Ahl al-Hudna made peace with Muslims, on the grounds that they stay in their own land, in return for money or without it. The rules of Islam shall not apply to them in the same way they apply to Ahl Dhimmah, but they must refrain from warring against Muslims. These are called hl-Aahd or Ahl Asulh or Ahl alhudna”(8).

The Al Musta'man is the person from Dar al Kufr (literally: the abode of war) who peacefully entered the land of Islam, but not to stay in it for good. Al-Nawawi says “Al-Musta'man” is the person who peacefully entered the land of Islam”(9).

Ibn Al-Qaim elaborates on that by saying: Al Musta'man is a person coming to the land of Islam, without the intention to settle in it for good. The Al-Musta'mans cover the following categories: emissaries, traders and refuge-seekers. Those shall not be expelled, killed or subjected to the Jizya”(10).

Originally Aman is granted by the ruler, but when it is given by any Muslim it shall be valid. Zaineb, the Prophet’s daughter, once granted shelter to Abu-La'as Ibn Rabii, and the Prophet (PBUH) did not object to that(11).

The Prophet acquiesced in Um Hani’s sheltering of her in-laws and said to her “We shelter the person whom you have sheltered Umm Hani, the person who shelters instead of Muslims is their lowest in rank”(12).

Therefore, whoever has given protection to a Harbi, shall have his act validated since (The protection given by one Muslim shall be respected by all Muslims. Such a protection is secured by their lowest in rank; and whoever betrays a Muslim in this respect incurs the curse of Allah, the angels and all the people, and none of his compulsory or optional good deeds of worship will be accepted))(13).

Whoever has the doubtful semblance of 'Aahd or claims so shall be joined to Musta'man. Mohammad Hassan Ashaibani says: “If a disbeliever and a Muslim go out of the abode of war, and the Muslim claims that he has captured the disbeliever, and the disbeliever claimed Aman, then the saying of the Harbi shall be given credit”(14).

The same applies to the disbeliever claiming that he is an emissary. Ibn Qatada says: “if a Harbi enters the land of Islam without Aman and claims that he is an emissary, it shall be unlawful to molest him, since the Prophet once told two emissaries of Mussaylima: ((Had it not been that emissaries must not to be killed, I would have killed you.))(15).

Anything with a doubtful semblance of an Aman for a Harbi shall become an Aman for him. Ibn Qudama says: “If he is given a security signal (by a Muslim) he shall be granted security…If he is told to stop, stand up or deliver your arms, our companions said this is an Aman, since the disbeliever considers it so. The most doubtful semblance is the Muslim saying: Don’t be scared”(16).

Among people granted security by Muslims are merchants. Ahmed says: “if people embark on a sea travel and happen to meet polytheist merchants from the land of the enemy who are setting to the land of Islam, they should not get in their ways, or fight them. Whosoever enters the land of Islam from Ahl Alharb for trade shall be entitled to do business, and shall not be requested anything)(17).

Hence, if a disbeliever enters the land of Muslims by virtue of an Ahd or an Aman or if he lives in their midst, he shall be in the Dhimmah of Muslims, since Allah says: “And fulfil (every) covenant. Verily, the covenant will be questioned about”. (Al-Isra’: 34).

First chapter

The rights of non-Muslims

in Muslim society

Non-Muslims living in the land of Muslims have enjoyed a set of guarantees given by the Muslim society, under the guidance of the Book of Allah and the Sunnah of His Messenger (PBUH).

We will review these guarantees and substantiate them with evidence from history and texts of fiqh scholars, guardians of Sharia and inheritors of Prophet.

First: Freedom of belief

Muslims believe that their religion is the Manifest Truth and anything else is nothing less than a distorted religion, which was subrogated by Islam, or a deviation from the truth into which mankind has fallen, out of ignorance of the truth of religion and belief.

Muslims have endeavoured to win into Islam the hearts and minds of peoples and nations who came into social interaction with them, through conclusive evidence, righteous moral conduct and uncomplicated religion. This religion is acceptable by natural disposition, and its principles are intelligible to the mind.

During the glorious history of their civilization, Muslims have never coerced peoples and individuals into coming under their rule. They were acting in accordance with a set of Islamic principles, which entrench such a behaviour.

A- The unavoidability of difference and its nature

The diversity in creatures is a divine law in the universe. The essence of existence in this universe rests on diversity.

Mankind has been created according to this universal law. Then, mankind broke into various races and numerous creeds. Anyone who ignores, violates or rejects the established law of Allah with his creatures, is actually going against common sense and material facts.

The difference in the prescribed laws of humans stems from Allah’s will and wisdom. Allah says: “For each among you have we prescribed a Law and Open Way. Had Allah willed He could have made you a single people, but (His plan) is to test you in what He hath given you: so vie with one another in virtues. Unto Allah ye will all return…” (Al-Ma’ida: 48).

Ibn Kathir says: “This Quranic verse explains that the difference in communities’ religions has to do with the various prescribed laws that still converge in Tawhid (oneness of Allah) preached by Allah’s Messengers”(18).

Allah says: “And if thy lord had willed, He verily would have made mankind one nation, yet they cease not differing, Save him on whom thy Lord hath mercy; and for that he did create them” (Hud: 118-119).

Ibn Hazm says: “Allah the Almighty has ruled that difference does not emanate from Him. This means that Allah the Almighty is not content with it, but He has willed it as a creation, the way he willed disbelief and sins”(19).

With regard to the saying of Allah “yet they cease not differing, save him on whom thy Lord hath mercy” Ibn Kathir says that “This means that the difference in people’s religions, beliefs, denominations, doctrines and views would not cease… Hassan Al-Bassri says that people differ into various religions, save him on whom thy Lord hath mercy, who does not differ”(20).

Since difference and variation are among the signs of Allah, anyone seeking to completely abolish this diversity is in fact attempting the impossible. Hence, difference should be recognized.

B- The duty of Muslims is to call to Allah and not to islamise people

Muslims have recognized that guidance of all mankind is impossible, that most people do not believe, and that the duty of people calling to Allah is to persevere in their call and to seek means and ways to their guidance. Their duty is meant to convey the Message of Allah, and Allah shall in the hereafter judge those who disregard His message. Addressing His Prophet, Allah says: “Then if they turn away, thy duty (O Muhammad) is but plain conveyance (of the Message)” (An-nahl: 82). Allah also says: “If they surrender, then truly they are rightly guided. And if they turn away, it is thy duty only to convey the Message (unto them); and Allah is Seer of His servants” (Al-‘Imran: 20).

Al Qurtubi says: “‘If they turn away’, means if they reject reflection, guidance and belief; your duty is simply to convey the Message of Allah, and guidance is unto Us”(21).

In the context of explaining the saying of Allah the Almighty: “thine is but conveyance (of the message), Ours the reckoning.” (Ar-Ra’d: 40), Shawkani says: “that means that O Messenger, your duty ends at conveying the commandments of Allah’s Message, you are not obliged to make them adhere to these commandments .“Our is the reckoning” means that the calling into account for and the compensation of their deeds, are not your duty”(22).

Allah also says: “Remind them, for thou art but a remembrancer” (Al-Ghashia: 21-22). Therefore, the Muslim does not feel to be in a state of clash with the person who has rejected guidance and turned away from its means, since Allah while addressing His Prophet says: “The guiding of them is not they duty, but Allah guideth, whom He will”. (Al-Baqarah: 272). Allah similarly says to the Prophet and to the people coming after him: “Unto this, then summon (O Muhammad), And be upright as thou Art commanded, and follow not their lusts, but say: I believe in whatever Scripture Allah hath sent down and I am commanded to be just among you. Allah is our Lord and your Lord. Unto us our works and unto you your works; no argument between us and you. Allah will bring us together, and unto Him is the journeying” (Ash-Shura: 15).

C- The divine honouring of man and the principle of non compulsion in religion

Allah has created Adam, Peace be upon him, and made angels prostrate before him. As Allah says in the Quran: “And when we said unto the angels: Fall down prostrate before Adam and they fell prostrate all save Iblîs, he said: Shall I fall prostrate before that which Thou hast created of clay?” (Al-Isrâ: 61). The Almighty then commissioned Adam and his descendants to live on earth in accordance with the straight path of Allah: “Lo! I am about to place a viceroy in the earth,” (Al-Baqarah: 30).

In line with this goal, Allah has honoured the human race above all His other creatures. “Verily We have honored the children of Adam. We carry them on the land and the sea, and have made provision of good things for them, and have preferred them above many of those whom We created with a marked preferment” (Al-Isra: 70).

Our Prophet and his companions have confirmed the respect for human life. In Al- Khabar, Sahl Ibn-Hanif and Quais Ibn-Saad were once sitting in Al-Qadissyah when a funeral procession passed nearby them. They stood up and asked about the deceased …. They were told that the funeral procession was of a dead person from the people of the land, that is Ahl-Dhimmah. They then said that the Prophet (PBUH) stood up at the passing of a funeral procession and was told it was the funeral procession of a Jew. The Prophet replied: “Is not that a soul!” (23)

One aspect of Allah’s honouring of humans is endowing them with a mind to distinguish between what is right and what is wrong “And guide him to the parting of the mountain ways?” (Al-Balad: 10). Allah granted mankind freewill to choose what they want “Lo! We have shown him the way, whether he be grateful or disbelieving” (Al-Insân: 3). In the same vein, Allah says “And if thy Lord had willed, All who are in the earth would have believed together. Wouldst (thou Muhammad) compel men until they are believers?” (Yunus: 99).

Thus man is free to choose the belief he wants. Allah says “There is no compulsion in religion. The right direction is henceforth distinct from error” (Al-Baqarah: 256) and it is He who shall undertake their reckoning in the Hereafter “Say it is the truth from the Lord of you (all).Then whosoever will, let him believe and whosoever will, let him disbelieve. Lo! We have prepared for disbelievers fire. Its tent encloseth them” (Al- Kahf: 29).

Ibn Kathir says: “This means do not force anyone into embracing Islam, since it is plain and its arguments and evidences are clear. No one needs to be compelled to convert to Islam. Anyone whom Allah has guided, opened his heart and gave him enlightened insight into Islam, would embrace Islam on clear evidence. In reverse, anyone Allah has blinded his heart, and sealed his hearing and sight, would not be helped by entering into Islam under duress”(24).

In this respect, Allah says: “Say: Allah I worship, making my religion pure for Him (only).Then, worship what ye will beside Him. Say: The losers will be those who lose themselves and their housefolk on the Day of Resurrection. Ah, that would be the manifest loss!” (Az-Zumar: 14-15). He also says: “And if thy wrangle with thee, say: Allah is best aware of what ye do. Allah will judge between you on the Day of Resurrection concerning that wherein ye used to differ” (Al-Hajj: 68-69).

Our ancestors followed the guidance of Allah and did not compel anyone to enter Islam against his will. One instance is that of Umar Ibn Al-Khattab when he said to an old Christian woman: Enter Islam and you will be safe, Allah has sent Muhammad with the truth (Islam), and the woman replied: I am an old woman and death would be the closest thing to me! Then Umar said: O Allah, bear witness and recited the saying of Allah “There is no compulsion in religion” (Al-Baqara: 256)(25).

Belief is basically a true feeling deeply rooted in the heart. Anyone with no feeling of belief is not a believer. Even if he expresses it, this will not change the reality or the assumption of the person who voiced it. Therefore, the Islam of anyone who was compelled thereto shall not be valid, nor shall its rules be binding for him in this world, and would be of no avail to him in the hereafter.

The Imam Muhammad Ibn Al-Hassan Ashaibani, the disciple of Abou-Hanifa, says “ No one has reported that the Prophet or anyone of his caliphs have ever forced any person from Ahl-Dhimmah into Islam ….If a person whose compulsion is unlawful, like a Dhimmi or a Musta'man, enters Islam under compulsion, the presumption of Islam of that person shall not be valid, unless there is a proof that he has adopted Islam of his own volition, like his standing firm on Islam, after the compulsion is removed. If he dies before that, he will be deemed as a disbeliever. If he reverts to his religion of disbelief, he shall not be killed or compelled to Islam…For us, the person was compelled to something he should not be compelled to. Therefore, the rule of Islam shall not apply to him. An example of this is compelling a Muslim to disbelief. The evidence of the forbidding of compulsion is the saying of Allah: “There is no compulsion in religion” (Al-Baqarah: 256)(26).

The Hanbalite fiqh scholar, Ibn-Qudama, sides with the same view and says: “If a person whose compulsion is unlawful, like a Dhimmi or a Musta'man, is forced into Islam, the presumption of Islam of that person shall not be valid, unless there is a proof that he embraces Islam by his own volition”(27).

Muslims have been well aware of this fact and granted their subjects freedom of belief and worship. They never ordered anyone to convert to Islam against his will.

Second: Freedom of worship and inviolability of houses of worship

Islam did not force people into coming under its banner and allowed them instead to practice their worship freely. Islam has been keen on allowing non-Muslims to freely practice their faiths and guaranteed the inviolability of their worship houses.

This is part of the provisions enshrined in the covenants concluded with nations coming under the rule or protection of Muslims. The Prophet (PBUH) once wrote to the people of Najran a pact, which stipulates, among other things, the security of their churches and non-interference in their internal affairs and worship. He accorded them full protection of Allah and His Messenger. In this context, Ibn-Sa'ad says: “The Messenger of Allah wrote to the bishop of Bani-Al-Harith Ibn-Ka’b and to bishops, priests, followers and monks of Najran, that they shall not be denied any of their rights, whether great or small, and shall have their churches, synagogues and priests kept on neighbourly terms with Allah and His Messenger. No bishop, monk or priest shall be removed from their office”(28).

The four rightly guided caliphs followed this tolerant path traced by the Prophet (PBUH). Umar Ibn Al-Khattab guaranteed something similar to this in Al-‘uhdah Al-Umaria (the Pact of Umar) when he wrote to the people of Al-Quds, saying: “In the Name of Allah, the Merciful and the Compassionate; this is the Aman the servant of Allah and the Commander of the Faithful, Umar, gives to the people of Ilya’(Bait al-Maqdis): He promises to give them security for their lives, property, churches and crucifixes, their sick and healthy as well as all their religious community; no Muslims shall be quartered in their churches, destroy or diminish their area or space, or the crucifix of their churches or any of their property. They shall not be compelled to convert from their religion, and none of them shall be treated unfairly …Thereunto he gave them the pact of Allah and the protection of His Messenger, the caliphs and the believers”(29). Umar also wrote a similar letter to the people of al-Ludd (Lydda)”(30). In the same vein, Iyyad Ibn Ghanam wrote a letter to the people of Al-Ruha’ (Edessa)(31).

Umar feared that his covenant would be breached after his death, and consequently did not perform prayer in Al-Qumama (literally: the garbage) Church(32). He came to the church and sat in its courtyard. When the prayer time came, he told the patriarch that he wanted to perform prayer. The patriarch told him to pray in the place where he was sitting, but Umar declined. He performed the prayer alone at the doorstep of the church. As he finished, he told the Patriarch: “Had I prayed inside the church, the Muslims will after my death argue that this is the place where Umar once prayed.”

He wrote an order that no collective prayer or call to prayer shall be performed on the church doorstep, and asked the Patriarch: “Would you show me a place where I can build a mosque?” The Patriarch replied: “Build it on the rock where Allah spoke to Jacob”. Umar found many bloodstains on the rock, and started cleaning them”(33).

When Khalid Ibn Al-Walid conquered Damascus, he wrote to its people saying: “In the name of Allah, the Compassionate, and the Merciful. This is what Khalid Ibn Al-Walid would grant to the people of Damascus once he enters it: he promises to grant them security of their lives, property and churches. Their city walls shall not be demolished, nor shall any Muslim be quartered in their houses. Thereunto we give unto them the pact of Allah and the protection of His Prophet, the caliphs and the believers”(34).

His letter to the people of A’aanaat included non-interference in the practice of their rituals “they may toll bells at any hour, by day or night, save in prayer times, and celebrate their cross processions”(35).

Similarly, Umar Ibn-Abdulaziz wrote to his governors what follows: “Do not demolish any church, synagogue or fire-temple”(36).

Aboulwalid Albajji says: “Ahl-Dhimmah stay in their religion, keep the same position in respect of their faith. They shall not be denied anything of their religion with respect to faith provided that they don’t parade it in meeting places, and markets”(37).

The Muslim fiqh scholars maintain that Muslims should guarantee the rights of worship to their subjects and rule that “It is prohibited to intern up a Jew in Sabbath, and that such prohibition shall be maintained ...ever before. He shall be excluded by the Sharia from working in a holiday, according with the Hadith narrated by Annassa’i and Athirmidi, and to the following authenticated Hadith, “Since you are Jews, you are commanded not to transgress the Sabbath”(38).

The Aman security of a Dhimmi shall extend to his property, even if it is wine or swine. Attahaoui reports the consensus of Muslims on the freedom of Ahl-Dhimmah to eat swine flesh and drink alcoholic beverage, and anything that is lawful in their religion, saying “They reached consensus that the Imam cannot proscribe to Ahl-Dhimmah strong drink, swine flesh or to inhabit houses agreed upon (by peace treaty), in a country where there is no Muslim people (that is their country where they form a majority)”(39).

Malik says: “Should Ahl-Dhimmah commit adultery, or drink an alcoholic beverage, the Imam shall not molest them unless they do that overtly in the Land of Muslims and cause damage to Muslims. In that case, the Sultan shall prevent them from causing damage to Muslims”(40).

When some Muslim rulers breached these covenants, Muslims regarded that as an injustice. The just rulers ordered to redress the breach committed. One instance of that is when Al-Walid Ibn Abdulmalik took the church of John from Christians by force, and annexed it to the Mosque. The Muslims considered that as an act of extortion. When Umar Ibn-Abdulaziz took office as ruler, the Christians complained to him about that. Umar Ibn-Abdulaziz wrote to his governor ordering him to give them back the part annexed to the mosque. The Muslims then sought the propitiation and reconciliation of Christians(41).

The Christians also complained to Umar Ibn-Abdulaziz about another Church, in Damascus, given to the people of Bani Nassr by some emirs of Bani-Umayyah. Umar Ibn-Abdulaziz returned it to the Christians(42).

Another case of tolerance of Muslims towards non-Muslims is its non-interference in their internal matters. Muslims never forced them to sue one another before Muslims, although they required them to abide by the general rules of Sharia, in the matter of security of society.

Al Ayni quotes Azzahri saying: “It is a well-established tradition that Ahl-Dhimmah turn to the people of their religion to decide over their rights, transactions and inheritance, unless they seek our intercession. In such cases, we adjudicate in accordance with the Book of Allah the Almighty”(43).

Ibn-Qassim is quoted saying: “When Ahl-Dhimmah seek the adjudication of a Muslim ruler and the litigants are all satisfied with his arbitration, judgement shall not be passed unless their bishops consent thereto. Should the bishops dissent or should the bishops consent and the litigants dissent, no judgment shall be passed”(44).

Al- Mardawi explains the purpose of abiding by the Islamic rules, saying: “The accord of Dhimmah shall be valid only under the following two conditions: paying the Jizya and abiding by the religious rules by applying the rules of Muslims to them. They shall make them abide by the rules of Muslims in respect of the safety of life, property and honour, and impose on them hudud (legal penalties) for committing any acts they believe to be unlawful”(45).

Testimonies of western historians on tolerance of Muslims with other people

The best evidence on Muslims’ commitment to these principles is the successive testimonies recorded by historians from the west and the east. These testimonies attested that Muslims stood aloof from compelling anyone of their non-Muslim subjects to convert to Islam.

In this regard, Welldiorant says: “The people of Dhimmah: Christians, Zaradishts, Jews and Sabi'a, enjoyed a degree of tolerance during the Umayyad rule which can never be assimilated to Christian countries nowadays. They were free to practice their rituals. They maintained their churches and synagogues”(46).

Thomas Arnold says: “We have never heard about any attempt to compel non- Muslims to adopt Islam or about any organized prosecution aiming at exterminating Christianity”(47).

The Arabic translator of “Civilization of the Arabs” quotes Robertson who says in his book “Biography of Charlequin”: “Muslims alone were the ones who joined between Jihad and tolerance towards the followers of other faiths whom they had subdued, leaving to them the freedom to perform their religious rites”.

In his book “A Religious Travel to the East”, the Monk Michaud is quoted saying that it is regrettable that the Christian peoples took over the idea of tolerance from Muslims; which is a sign of beneficence among nations, respect of other people's faiths and non imposition of any belief on them by force(48).

In his book, “Ahl Dhimmah in Islam”, Triton quotes the testimony of the Patriarch “Ichou yaba” who had taken papacy until the year 657 A.D: “The Arabs whom God empowered to rule the world treated us the way everybody knows. They are no enemies of Christianity. Rather, they praise our religion, revere our holiness and priests and give a helping hand to our churches and monasteries”(49).

On the Islamic conquest of Andalus, Valasco Adames, a Spanish thinker, says in his book “Shades of the Church”: “Spain lavishly welcomed the men who came to it from the African Continent. Villages surrendered without resistance or hostility. As soon as a squadron of Arab chivalry came close to a village, doors were opened to welcome them. It was a civilizing incursion and not a conquering and subduing raid …People from this civilization have at no time abandoned the virtue of freedom of conscience. This is the mainstay of the real greatness of a people. In the cities they captured, they have accepted Christian churches and Jewish synagogues. The mosque never feared the places of worship of previous religions, and recognized their right to exist side by side with it. Mosques settled next to these, without jealousy or desire to impose its sovereignty on them”(50).

In his book “the Preaching of Islam”, Sir Thomas Arnold, an English historian, says: “The victorious Arab Muslims treated the Christians with great lenience since the first century-of hegira. This lenience has continued all over the consecutive centuries. We can rightly aver that the Christian tribes embraced Islam optimally and willingly. The current Arab Christians, who live among Muslims, are the best evidences on the intended lenience”(51).

Sigrid Hunke, a German orientalist, says: “Arabs have not compelled the conquered peoples to convert to Islam. Christians, Zoroastrians and Jews who once suffered the ugliest and worst instances of religious fanaticism in the pre-Islamic era, have all been allowed to practice their religious rites without constraint. Their places of worship, monasteries, priests and rabbis were unmolested by Muslims. Is not this the utmost degree of tolerance?”(52)

The Spanish historian Olagi says: “During the first half of the ninth century a significant minority had lived in Cordoba and enjoyed total freedom of worship.”

Priest Eloge says: “we live among them, with no harassment relating to our faith”(53).

Western historians have reported with astonishment some queer and disgraceful events in our history, which nonetheless invalidate the allegations of the false accusers of Islam. In this connection, the historian Sigrid says: “The victorious have made it hard for the vanquished peoples to enter Islam so as not to reduce the tax revenues paid by non-Muslims”(54).

Thomas Arnold shows that the Kharaj of Egypt during the era of Othman was twelve million dollars and dwindled to only five millions in Mu’awiyah era. Such was the case in Khurasan, too. Some Emirs had not cancelled the Jizya of Dhimmis who had embraced Islam. This is the reason why Umar Ibn-Abdulaziz deposed his wali (governor) on Khurasan, Al-Jarrah Ibn Abdullah Alhakami, and wrote him a letter stating: “Allah sent Muhammad not as a tax collector but as a Messenger!”(55).

This being the case, what is then the secret behind peoples' acceptance of Islam and embracing it?

Al kharboutli quotes an orientalist saying that the tolerance and leniency of Muslims encouraged non-Muslims to embrace Islam as they came to realize its simplicity; which was unknown to the other religions(56).

In his book "Civilization of the Arabs" Dr. Gustav LeBon says: “... Force was never a factor in the spread of the Quranic teachings, and the Arabs left those they had subdued free to exercise their religious beliefs. If it happened that some Christian people embraced Islam and adopted Arabic as their language, it was mainly due to the various kinds of justice on the part of the Arab victors, with the like of which the non-Muslims were not acquainted. It was also due to the tolerance and leniency of Islam, which was unknown to the other religions”(57).

He also says “The mercy and tolerance of the conquerors were among the reasons for the spread of their conquests and for the nations’ adoptions of their Faith and regulations and language (…) though historians deny the fact. Nations were acquainted to no such merciful and tolerant conquerors as the Arabs, and no such lenient faith as theirs [The Arabs](58).

In his book the “Biography of Charlequin”, Robertson says: “We have never known that Islam had a synod, or missionaries behind armies, or monasticism after conquest. Islam was never imposed by sword or by force, but it got into the hearts of people out of longing and free will, due to the talents of stimulation and captivation of people’s hearts, lodged in the Quran”(59).

Adam Mitz says: “Since Sharia law was exclusively applied to Muslims, the Islamic State left people from other religions to their own courts. These courts were, as far as we know, ecclesiastic courts. The heads of courts acted as chief justices. Their rulings were not restricted to matrimonial affairs. Rather, they were also involved in such matters as inheritance. Most lawsuits which were specific to Christians were not part of the State’s jurisdiction”(60).

Mitz also says: “In Andalus, we learned from a reliable source that Christians settled their litigations by themselves, and did not refer to the Qadi (Muslim judge) except in cases of murder”(61).

However, Al Kharboulti quotes Dr. Philip’s book “The History of the Arabs” where he refers to the desire displayed by Ahl-Dhimmah to bring their lawsuits to the Islamic courts and their request of the religious authorities to permit the application of Islamic ruling in heritage matters”(62).

Third: Peaceful coexistence and fair treatment

In his Glorious Book Allah commands Muslims to be kind to the people who have done them no mischief or waged war against them, saying: “Allah forbiddeth you not those who warred not against you on account of religion and drove you not from your homes that ye should show them kindness and deal justly with them. Lo! Allah loveth the just dealers.” (Al-Mumtahinah: 8)

Al-Tabari says: “What Allah means by this is that He has not forbidden you to transact or deal justly with people, from all religions and beliefs, who have not fought you. When He says “Allah loveth the just dealers,” He means that Allah loves those who deal fairly with people and do them personal justice. Hence the requirement of kindness and fairness with people who are kind and fair with you”(63).

Righteousness is the highest form of good conduct. It has been enjoined by Allah in connection with parents. Allah’s Messenger (PBUH) explains righteousness as follows: “Righteousness is good conduct”(64).

Enumerating the forms of righteousness towards Ahl-Dhimmah, which Allah has enjoined to Muslims, Al-Qarafi says: “righteousness is tender speech that emanates from kindness and mercy and not from fear and lowness. It is the capacity to bear harm done by neighbours and to remove it out of leniency and not of fear and veneration. It is asking Allah to give them guidance, and to make them blessed people. It is also giving them advice in respect of all their religious matters and refraining from slandering them when they are attacked. It is to do good worth doing, whether from top bottom or bottom top, any good that is most suitable for an enemy to do towards his enemy. These acts of goodness are all noble traits of character….We behave with them -in addition to the aforementioned- in compliance with the commandment of our God, the Almighty, and the teachings of our Prophet (PBUH)"(65).

Good conduct of Muslims towards others was manifest in many Islamic laws, which translated into many situations teeming with the sincerest feelings.

Islam commands good company and visits of relatives even if they happen to differ in religion. Allah orders to treat parents even if they strive to turn their child from the oneness of Allah (monotheism) to polytheism. Notwithstanding this very fact, they shall not be debarred from the right of his being good to them and behaving with them kindly, for Allah says: “But if they strive with thee to make thee ascribe unto Me as partner that of which thou hast no knowledge, then obey them not. Consort with them in the world kindly” (Luqman: 15).

Ibn Kathir says: “If they ardently persist in making you follow their religion. Do not accept that from them. This, however, should not prevent you from consorting with them in this world [kindly] by being benevolent to them.”(66).

Asma, daughter of Abu Bakr, once came to ask the Prophet (PBUH) about her attitude to her mother, a non-Muslim, coming to visit her, and he replied that she should certainly admit her to her house(67).

Al-Khatabi says: “In this respect, good relation with a disbelieving relative shall be maintained in terms of money and other matters. It can be concluded that the maintenance of a disbelieving father or mother is compulsory, despite the fact that the child is a Muslim”(68).

Muhammad Ibn El-hassan says: “A Muslim man must sustain his Dhimmi parents, according to Allah’s word: “Consort with them in the world kindly” (Luqman: 15). Good company would not permit that the son leads a life of plenty and opulence and leaves his parents to starve. The descendants as well as the paternal and maternal forefathers and foremothers shall have the same status in this respect, since children and parents have equal entitlements”(69).

Another instance of the maintenance of good relation with relatives - even when they are disbelievers- is provided by Abdullah ibn Marwan who says: I once told Mujahid: I have a polytheist relative, and I owed him some debt. Shall I leave it to him? And he said: "Yes and keep good relations with him”(70).

The Muslim righteousness and maintenance of kinship relations with one’s relatives have extended to a remote relation going back to hundreds’ of years. The Prophet once urged his companions to take care of the people of Egypt, saying: “Egypt will be opened to you after me, so you are advised to treat its Copts well, for indeed, they have a covenant of protection and kinship relations”(71).

Imam Al-Nawawi says: “Dhimmah is a sacro-sanctity and right. In this context, it means security of life and property. Kinship relations refer to the fact that they and Haajar, mother of Ismâ'il, are descendants of the same family”(72).

Righteousness with one’s relatives also involves paying visits to the sick. The Prophet once visited his uncle, Abu-Talib, when he was sick (73). He also visited his sick Jewish neighbour and sat near his head(74).

Gift making is one of the forms of righteousness and maintenance of kinship relations. It mainly seeks to winning hearts and removing the causes of grudge. The Prophet made gifts to people who differ with him in religion. In this context, Ibn Zanjawaih has narrated that Allah’s Messenger presented pressed dates as a gift to Abu-Sufyan, while he was in Mecca, and wrote to ask him a gift of a pelt, and Abu-Sufyan gave him that gift(75).

In Khaibar, the Prophet accepted the gift of a Jewish woman called Zainab Bint Al-Harith, but it was one that smacked of deception and not of friendliness. She offered the Prophet a poisoned roasted goat(76).

In another occasion, a Jew invited the Prophet to eat bread made of barely and rancid oil, and the Prophet accepted this invitation(77).

The Prophet also accepted presents from kings. He has accepted gifts from Almuqawqis, Akider, the king of Iliya’(Bait Al-Maqdis)and Cyrus(78) (king of Persia). In this respect, Ibn Khudamah says: “It is permissible to accept gifts from disbelievers belonging to Ahlu-Al-Harb (enemies). The Prophet accepted a gift from Al-Muqawqis, king of Egypt”(79).

The Prophet once gave a beautiful garment as a gift to Umar Ibn Al-Khattab, and Umar offered it as a gift to his brother in Mecca who was then a pagan(80).

Imam Al-Nawawi says: “This is a proof that it is permissible to maintain kinship relations with relatives who are disbelievers and to make gifts to disbelievers”(81).

Al-Bukhari narrated in Al-Adab Al-Moufrad, from Mujahid, that he heard Abdullah Ibn Amrou saying to one of his servants who was skinning a sheep: Once you finish, start by giving meat to our Jewish neighbour. One of the people said: the Jewish, may Allah make you more pious!? Then Abdullah said: I have heard the Prophet urging us so frequently to pay due regards to the rights of a neighbour, to the extent that we feared that he too would be declared a heir(82).

When fiqh scholars talked about the rights of guests they considered them as being mandatory with regard to any guest, be it a Muslim or a non-Muslim. Abouya’la says: “Inviting Muslims or disbelievers as guests by a Muslim shall be mandatory, to make good reigns. Ahmed made it clear in the narration of Hanbal, who asked him about a man inviting two disbelievers as guests, that: “Having an overnight guest is a duty of any Muslim”. This is one other evidence that both a Muslim and a non-Muslim can be hosted ….”(83).

Generosity to guests, to the extent possible, is an obligation to all Muslims. The Prophet acted that way once he received U’day Bnou Hatim. U’day said: “I came to the Prophet while he was sitting in the mosque. People told him this is U’dai Ibn Hatim. I have come to him without any Aman (security pact) or a letter. When I have been rushed off to him, he took me by the hand till he came to his home. Al-walida threw him a cushion, and he sat thereon”(84).

One of the greatest forms of righteousness is wishing non-Muslims good. This is one case of the Prophet, mercy to all the people. Tufail bin 'Amr Ad-Dausi and his companions came to the Prophet (PBUH) and said, O Allah’s Apostle! The people of the tribe of Daus disobeyed and refused to follow you; so invoke Allah against them. The people said, “The tribe of Daus is ruined”. Which means that it will be ruined by his invocation of Allah against them. The Prophet (PBUH) said: “O Allah! Give guidance to the people of Daus, and let them embrace Islam”(85).

In another context the Prophet (PBUH) was asked to invoke Allah against polytheists. He (PBUH) said: “I have not been sent as a curser, I was sent as a mercy”(86).

Fourth: Justice in treatment of non-Muslims and remedy of injustices done to them

Justice is one of the most important ideals and noble characteristics that Islam came to protect and complete. It is an easy goal when it comes to religious or in-law brotherhood, or anything mankind sympathizes with.

The truthfulness of this quality becomes clear when religions differ and interests conflict. This would be our concern in this topic. What is the rule of Islam on being just to non Muslims? And have Muslim abided by the requirements of their religion or have they failed to do so?

The glorious Quran preordains justice, and puts more stress on doing justice to people who differ with us, and against whom we might perpetrate an injustice on account of difference or dislike. Allah says: “O ye who believe! Be steadfast witness for Allah’s equity, and let not hatred of any people seduce you that ye deal not justly. Deal justly, that is nearer to piety” (Al-Mâi’dah: 8).

Al-Qurtubi says: “The verse also demonstrates that the disbeliever’s disbelief shall not prevent us from doing him justice. Yet they deserve to be fought and captured, the mangling of their dead bodies, even if they have killed our women, children and caused our sadness, is forbidden. We shall not kill them in the same way, in order to make them feel the same sadness and grief”(87).

Al-Baydawi says: “Your bitter hatred of polytheists should not lead you to doing them injustice, slandering them, killing their women and children, and breaking covenants concluded with them, just as to take revenge or enjoy their misfortune. “Deal justly, that is nearer to piety” means that justice is nearer to piety”(88).

Allah, the Almighty, informs believers of His love for people who behave fairly with people who differ with their religion, without making them suffer any harm or fighting, and says: “Allah forbiddeth you not those who warred not against you on account of religion and drove you not out from your homes, that ye should show them kindness and deal justly with them. Lo! Allah loveth the just dealers.”(Al-MuMtahinah: 8). Being just towards others shall inevitably entail the love of Allah.

The Prophet (PBUH) also says warning against being unjust to the People of Dhimmah or impairing their rights: "The one who wrongs a covenanter or impairs his right or overworks him or forcibly takes something from him, I will be his prosecutor on the Day of Judgment”(89).

The Prophet stresses that doing injustice to a non-Muslim shall inevitably entail the reprisal of Allah. For Allah shall accept the complaint of the non-Muslim and his invocation of Allah against the unfair Muslim. In this respect, the Prophet says: “Guard yourself against the curse of the oppressed, for there is no curtain between the oppressed and his God”(90).

For further emphasis, the Prophet orders Muslims not to treat vulnerable non-Muslim communities ruthlessly and unfairly, and says: “Probably you will fight with a people, you will dominate them, and they will save themselves and their children by their property. You will then conclude peace with them. Then do not take anything from them than that, for it is not proper for you”(91).

Thus, when a man asked Ibn Al-A’abbas: “had we gone by Ahlu-Dhimmah, and acquired some barely or stuff? The rabbi, translator of the Quran replied (Shall be lawful unto you from your Dhimmahh, only things agreed upon while they made peace with you”(92).

The Prophet addressed a letter of peace to the people of Najran, saying: “no bishop or religious head would be removed from his status, nor would his powers be curtailed. In addition, no interference would be made in their religious rites as long as the scholars of Christianity would execute their religious obligations with honesty and devotion, their dignity would be preserved, they (the Christians), in return, should not raise difficulties for others” (93).

The most heinous form of injustice is the killing of a human soul without any right. In this respect, the Prophet (PBUH) says: “The one who kills a covenanter will never smell the scent of heaven and its scent is found at the distance of forty years”(94).

Ibn Hajar says: “This means anyone who is granted the pledge of protection by Muslims, be it with a Jizya, truce or Aman contract”(95).

One of the funniest things is that Kharijites, who declared the killing of Muslims lawful and went deep in that, have refrained from killing Ahl-Dhimmah for fear of breaching their covenant. In this respect, Ibn Hajar says: “When the Kharijites declared anyone who differs with them as a disbeliever, they deemed it permissible to kill him, leaving Ahl-Dhimmah safe; on the grounds they should meet their covenant towards Dhimmis”(96).

The Prophet says: “Whosoever gave a man a guaranteed security for his life, then killed him, the killer I shall disown, even if the person killed is a disbeliever”(97).

Ibn Al-Qaim says: “Al Musta’man shall not be killed; his life shall be safe; and stealing his property shall be proscribed”(98).

Al-Qurtubi says: “Like the life of a Muslim, the life of a Dhimmi shall be permanently safe, since both have become part of the abode of Islam. As a proof to this, any Muslim who steals something from a Dhimmi shall have his hand cut. This fact demonstrates that the property of a Dhimmi is equal to that of a Muslim. Which further demonstrates that his property is equal to his life, since the property is inviolable on account of the inviolability of its proprietor”(99).

A group of scholars maintain that any Muslim who killed a non-Muslim protected man shall be sentenced to death, and they interpreted the hadith reported regarding the prohibition of killing non-Muslims in that way.

Abdurrazak Ibrahim Annukha’i reports that a Muslim killed a man of Ahl Dhimmah from Al-Hirah during the era of Umar, and that Umar ruled that the killer be killed as he did(100).

In his Musnad, Ashafi’ reports that one Muslim was once captured for killing a man of Ahl-Dhimmah. He was sentenced to death. But the brother of the killed Dhimmi came and chose to have a Diya (blood money) instead of the killing retaliation. Ali asked him: “have they frightened, terrorised or threatened you?” The brother replied: No but I took blood money and I do not believe that my brother would return to me by the killing of this man. Ali then released the killer and said: “You know best, people who have our protection; both their blood and their blood money are as just and equal as ours”(101).

Maymoun Ibn Mahran reports that Umar Ibn Abdulaziz once wrote to one of his emirs (rulers) about a Muslim who killed a Dhimmi, and ordered him to bring him to the Dhimmi’s caretaker, who had freewill either to kill him or to forgive him. Maymoun said: “he was brought to the Dhimmi’s caretaker who beheaded him before my own eyes”(102).

Yet fiqh scholars differ on the issue of killing the Muslim in retribution of a Dhimmi's killing, they agree that killing a Dhimmi is nothing less than a serious and heinous act. They also agree on the obligation to administer justice with people of a different religion, and on abstaining from doing them any harm and injustice.

The Prophet (PBUH) says: “Allah has not permitted you to enter the houses of the people of the Book without permission, or beat their women, or eat their fruits when they give you that which is imposed on them.” (103).

In the footnote of “Addur-Al-Mukhtar”, Ibn Abidin deems it mandatory to “refrain from harming any Dhimmi and slandering him just as it is the case with any Muslim”(104).

This means -goes on Ibn Abidin- that the legal act of Dhimmah stipulates that a Dhimmi shall have the same rights as our rights. If the slander of a Muslim is prohibited, so is the slander of a Dhimmi. Scholars maintain that doing an injustice to a Dhimmi is even worse”(105).

History abounds with evidences on Muslims’ fair treatment of people under their Dhimmah. An instance of this is provided by the justice done to them even when they sue caliphs and emirs. Ali Ibn Abi Talib had litigation with a Jew over a shield that Ali once lost and found with a Jew. As they referred the case for arbitration to Shurayh, a judge, the latter ruled that the shield was the Jew’s. The Jew’s reaction was to convert to Islam, saying: “Now I swear that these are Prophets’ rules. Amir Al Mou’minin (the Commander of the Faithful) referred our litigation to his judge, who ruled in my favour! I swear that there is no God save Allah and that Mohamed is the Messenger of Allah, the shield is yours Commander of the Faithful; I followed the army, and while you have been darting from the midst of two ranks, it fell from your yellow camel.” Ali then said: Now that you have embraced Islam, this is yours”(106).

The other instance is the story of a Copt with Amru Ibnu Al-‘ass, the wali of Egypt, and his son, the Caliph Umar who made justice to the Copt in an act of injustice he had suffered said his famous sentence that reverberated across time: “Since when did you enslave people whilst their mothers brought them free into this world?”(107).

Ibn Rouaha has been estimating the amounts of dates fruit, for the Jews of Khaibar, who tried to bribe him, but he refused, said: “ My loathe towards you would not make me unfair to you, I have estimated twenty loads of dates, if you want it, then it is yours and if you do not then it is mine). They said the heavens and earth have been erected by this [justice], we have taken, so part with us (108).

One the awe-inspiring stories of the justice of the caliphs towards people of Dhimmah who had the protection of Allah, His Messenger, and the believers, is the news of U’mair Ibn Sa’d leaving the wilaya of Hims on account of doing evil to a Dhimmi. He said to the caliph seeking his favour for returning to his office: “That was bad, had I not worked for you and should I not work for anyone after you, I swear by Allah that I have not been flawless, I told a Christian: May Allah disgrace you! This is not what you have directed me. The saddest day in my lifetime is the day I disobeyed your command”. The caliph found no way out but to accept his resignation(109).

In the history of Damascus, it has been reported that ‘Umair told the caliph Umar: “Who would guarantee me that Muhammad (PBUH) would not be my prosecutor in the Day of Resurrection, for anyone who contended with him, he (PBUH) would defeat him”(110).

When the just emir Umar Ibn Abdulaziz ordered his herald to announce that anyone who has suffered any injustice shall make his complaint, a Dhimmi complained to him about the Emir Abbas Ibnou Al-walid Ibnou Abdi-Almalik concerning a landed estate that Al-walid has allocated to his nephew Al-‘abbass. The caliph ruled that the property is his and that he shall restore it(111).

In other instances, Muslims have not taken justice from their enemies. They have rather forgiven them and have let them go unpunished as this happened in the era of Mu’awiyya Ibnou Abi Soufiane. The people of Ba’labak have breached their covenant with Muslims, at a time when Muslim held Roman hostages. The Muslims abstained from killing the hostages. They decided to release all of them and said “Requiting betrayal with faithfulness is better than requiting it with another betrayal”. Hicham said: “Scholars like Alawza’i and others went to the same view”(112).

Our history, yet a brilliant one, records some injustices done to Muslims and non- Muslims. Fiqh scholars have condemned these injustices, and viewed them as being unfair acts. It has been narrated that Hicham bin Hakim bin Hizam happened to pass by some (non-Arab) farmers of Syria who had been made to stand in the sun. He said: “What is the matter?” He was told that they had been detained for the non-payment of the Jizya. Thereupon Hicham said: “I bear testimony to the fact that I heard the Messenger of Allah (PBUH) saying “Allah will make suffer those who make people suffer in the worldly life (113). Umair Ibn Saâd was then their Emir in Palestine. As soon as he was made aware of the matter, he ordered their release.

When the caliph Al-walid feared the Christians of Cyprus, he drove them out of it. Muslims found this outrageous and considered it as outright injustice. In this respect, Ismail Ibn ‘aiyash said: “Muslims found this outrageous, and Fiqh experts regarded it as flagrant injustice. When Yazid was appointed as a ruler, he returned Christians to Cyprus. Muslim appreciated his deed and regarded it as justice done”(114).

Umar Ibn Abdulaziz discharged the people of Cyprus from one thousand Dinars, added by Abdulmalik on what had been levied during the era of Mu’awiya. Hicham Ibn Abd-Almalik imposed it as a further taxation. During the Caliphate of Abou Ja’far Al-Mansour , he cancelled it and said: “We would better do them justice, and not too much injustice”(115).

Al Awza’I, a fiqh scholar of Ashaam (today’s Syria), did a similar thing. When the emir Salih Ibn Ali Ibn Abdullah drove out the people of Dhimmah from Mount Lebanon, Al Awza’i wrote to him: “ How come that all people are punished for the misdeed of one particular person, so as to be driven out of their homes and leave their property? While Allah preordains: “That no burdened person (with sins) shall bear the burden (sins) of another.” (Anajm: 38). This is the worthiest thing to ponder and follow. Similarly, the worthiest recommendation to preserve is the recommendation of Allah’s Messenger, saying: “In the Day of Resurrection, I shall be the prosecutor against whosoever perpetrated an injustice against a Dhimmi or asked him more than he could.” …They are not slaves so as to give you free hand to move them from one country to another. They are free people of Dhimmah”(116).

The scholars and caliphs exhorted one another to observe the rights of Dhimmah. Each warned against breaching the Dhimmah granted of Allah and His Prophet while he stood as witness. This is the reason why they have been keen on checking their conditions and knowing about their circumstances. A delegation of the people of Dhimmah came to Umar, who asked them as follows: “May be Muslims have caused harm to the people of Dhimmah or things you would like to be redressed?” They said: All we know (of them) is faithfulness and good governance”(117).

Umar sent a letter to his governor Abou ‘ubaida wherein he said by way of commending Ahl-Dhimmah to his charge: “You shall prohibit Muslims to do them any harm or injustice or to seize their property except lawfully. You shall fulfil the conditions you have stipulated for them regarding all things you have granted them”(118).

When he received tax money, he asked about its source for fear of coercion and putting the people of Dhimmah to an inconvenience. It has been reported in the tradition of the Prophet that Umar has been brought a great deal of money, and he said: I suppose this is from Jizya? Have not you ruined people? They replied: No. we swear by the name of Allah that we took it with kindness and friendliness. Umar asked them: with no lash or enmity? And they said yes. Umar then said: “Praise be to Allah that such has not been my deed or under my rule”(119).

When Umar came to A-Shaam where he has been received by Muqalissun (cap-sellers) from the people of Adhru’aat with swords and myrtles. They started playing before him. Umar disliked their playing and ordered that they be prohibited playing. Abou ‘ubaida told him: These are their traditions and if you prohibit them their traditions, they will think that you have set your mind to breach their covenant. So Umar said: let them play!”

In the narration of Ibn Zanjawaih, Umar was reported saying: “let them!, Umar and his family has obeyed Abou ‘ubaida”(120). Umar hated to do them evil by thinking that he intends to breach their covenant so he obeyed what Abou ‘ubaida told him.

Upon his imminent death he did not fail to commend Ahl-Dhimmah to the care of Muslims and said: “I commend people of Dhimmah to the good care of the caliph coming after me, by keeping their covenants, standing up for them and not asking them more than they could”(121).

Umar wrote to his wali in Egypt in the following terms: “Be aware, Amru, that Allah is seeing you and your deeds, for He said in His book: “And make us patterns for (all) those who ward off evil” (Al- Furqan: 74). Allah wants [the believer] to follow His pattern. There are people of Dhimmah and Covenant amongst you. Allah’s Messenger commends taking care of them. He (PBUH) also commends taking care of the Copts when he says: “Have the best intentions with the Copts, since they have a Dhimmah and a blood relation.” Their blood relation come from the fact that the mother of Ismail is from them” He ( PBUH) says: “I shall be the contender of whosoever made an injustice to a covenanted or asked him more than he could” Be aware, Amru, that Allah’s Messenger would not be your contender, for anyone who contended with him, he (PBUH) would defeat him” (122).

Ali Bnou Abi-Ttalib, in a God fearing tone, wrote to his governors about Kharaj (land tax) as follows: “If you come to them, do not sell them any winter or summer clothes, any rations of food, or any animal for labour. Similarly, do not give anyone of them a single lash or make him stand on one foot for a dirham or sell them, arbitrarily anything from land tax. Allah commands us to take it from them gently. Consequently, if you contradict what I commanded you, you shall be the one Allah would punish and if I am informed that you do anything other than what I ordered you to do, you shall be removed from office”(123).

When Muslims conquered Damascus, the sharing of its houses among Muslims was allotted to Sabra Ibn Faatik Al-Assadi, who lodged a Roman upstairs and a Muslim downstairs, so that the Muslim would not harm the Dhimmis (124).

The Fiqh scholar of that time, Abou Youssouf, who was the student of Abou-Hanifa, visited the caliph Haroun Arrachid to remind him of taking care of Ahl-Dhimmah and inspecting their conditions. He also tried to win him over by mentioning His kinship to Allah’s Messenger. He said: “You, Commander of the Faithful, may Allah lend you his support, shall continue being lenient with the Ahl-Dhimmah of your Prophet and the son of your paternal uncle, Muhammad (PBUH), and inspecting their conditions so that they do not suffer any injustice or any harm, or be asked more than they could, or take from their money, unless it is a duty incumbent upon them”(125).

Historians have born witness to the loftiness of our civilization in this respect. The Christians of Homs (the ancient Emessa, city in central Syria) recognized our leadership, when they wrote to ‘ubaida Ibn Al-jarrah as follows: “Your rule and justice is more cherished by us than the injustice and oppression, we together with your governor, shall defend the city against the army of Hercules and close the gates of the city to the Romans, their brothers in faith(126).

In her excellent book “the Sun of Arabs shines on the West”, the German orientalist, Zigrid Hunke, reports an important testimony of the patriarch of Bait Al Maqdis, saying: “In the ninth century the patriarch of Bait Al Maqdis wrote to his co-religionist the patriarch of Constantinople about Arabs: They are characterised by fairness and have in no time done us an injustice, or used any violence against us”(127).

Fifth: Social Solidarity

One of most salient guarantees Islam gives to non-Muslims living in Muslim society is their protection within the system of Islamic solidarity.

Allah the Almighty has sent His prophet as a mercy to all peoples “We sent thee not save as a mercy for the peoples” (Al-Anbiya’: 107). The Messenger (PBUH) commands Muslims to be merciful in their behaviour towards each other, towards other people and even towards animals and said “Allah would not be merciful to he who is not merciful to other people”(128). "People" is a general term that covers everyone, irrespective of race or religion.

Ibn Battal says: “This is a case for exhortation to show mercy to all creatures, including believers, disbelievers and animals, be they domestic or wild”(129).

Islam urges and obliges believers to be beneficent and righteous in dealing with people who do not offend Muslims. Allah says: “Lo! Allah loveth the benificient” (Al-Baqarah: 195).

Islam has made almsgiving to people, who are eligible thereto, Muslims or non-Muslims alike, one of the pillars of Islam. Allah says: “The alms are for the poor and the needy” (Attawba: 60). Al-Qurtubi says: “In general the word poor is not limited Muslims alone, but covers the people of Dhimmah as well….’Ikrima says “the poor refers to poor Muslim while the needy refers to the needy from the people of the Book” (130).

Assarkhassi says: “The purpose is to cater for the needs the destitute, in the sense of a good made by the almsgiver. Such purpose is achieved by spending on people of Dhimmah. Hence giving them alms is an act of benevolence, in the sense of liberal gifts, for Allah does not forbid us benevolence towards people who do not fight us. In this respect, Allah says: “Allah forbiddeth you those who warred not against you on account of religion” (Al-Mumtahinah: 8) (131).

Notwithstanding the strong divergence between Fiqh experts regarding donations to the people of Dhimmah from the property of compulsory alms, they made it lawful to give them mandatory expiation. In this respect, Al-Kassani has even given Dhimmis precedence over Muslims. “It shall be compulsory to ward off wretchedness. Since wretchedness exists among disbelievers, it shall be lawful to give them alms, the way it is lawful to give it to Muslims. Disbelievers deserve it most; since giving them alms is one of the deeds which would make them inclined to Islam and would induced them to embrace it”(132).

The Sharia Fiqh scholars made almsgiving and waqf endowments to people of Dhimmah lawful and considered it as form of charity dear to Allah. Mohamed Hassan Al- Shaibani says: “It is valid to give a waqf endowment to people of Dhimmah, since they can be invested with the ownership of a decent property and giving them alms is lawful. Hence they can be given a waqf endowment. It has been related that the wife of the Prophet, Saphia, has given a waqf endowment to her Jewish brother. Therefore, any person unto whom waqf endowment by a Dhimmi is lawful shall be as lawful as waqf endowment is to a Muslim by a Muslim, even if these were persons lodged at churches or synagogues from passer-bys and wayfarers, from Ahl-Dhimmah or others. Hence the grounds of its validity”(133).

This is some beneficence and justice that the glorious Quran has urged to, when it talks about the peaceful people of Dhimmah, saying: “Allah forbiddeth you not those who warred not against you on account of religion and drove you not from your homes, that ye should show them kindness and deal justly with them. Lo! Allah loveth the just dealers” (Al-Mumtahina: 8).

In his detailed explanation of beneficence and justice enjoined by Islam, Imam Al-Qarafi says: “Being beneficent to them, as enjoined, without having inner friendly feeling, involves treating their weak with kindness, catering for their needy, feeding their famished, clothing their unclothed …safeguarding their properties, families, honours and all their rights and interests as well as helping them to ward off the perpetration of injustice against them, and giving them access to all their rights….”(134)

In his explanation of “Mukhtassar Al-Kalil”, Al Qurashi Al-Maliki says: “Beneficence is to ward off harm and unfold damage suffered by Muslims. It also means discharging collective Muslim duties towards those under their rule from the people of Dhimmah, such as feeding the hungry or covering pudenda, if alms or Bayt Al-Mal (public treasury) are not sufficient”(135).

The companions of the Prophet followed the same line of guidance. Khalid Ibn- Al-Walid once wrote to the Christians of Hayra: “I granted them that any old man, who was unable to work, suffered any blight, was rich and became poor and was given alms by his co-religionist, I shall exempt him from Jizya and provide him and his family with maintenance from Bayt Al-Mal”(136).

Ibn Zanjawaih narrated through his ascription of the Islamic tradition that Umar Ibn Al-Khattab has seen an old man from the taxpayers of Jizya begging people for alms and told him: “We have done you no justice if we have used up your youth, and have taken Jizya from you thereafter. Umar then wrote to his governors not to take Jizya from very old men”(137).

In another account, Umar took the old man home and gave him a paltry present from his house, and then wrote to his treasurer of Bait-Al-Maal as follows: “Consider this man and his likes, we swear by the name of Allah that we have done him no justice if we have used up his youth and let him down once he has become senile and decrepit “The alms are only for the poor and the needy”, the poor refer to Muslims and the needy persons from the people of the Book” and exempted him and his likes from Jizya” (138).

One of the things ordered by Umar, may Allah be pleased with him, is to be found in his saying: “You shall grant a Jizya alleviation to whosoever could not bear it, and help anyone whosoever has grown old”(139).

He, may Allah be pleased with him, went by leprous person from the people of Dhimmah in a pool and ordered giving them alms from the alms allocated to Muslims, and providing them food from Bayt Al-Maal(140).

The guided caliph, Umar Ibn Abdulaziz wrote to his governor Ibn ‘Arta’a: “look around you for Dhimmis who have become old or could no more earn their livelihood, and provide them with anything that would remedy their situation from Bayt Al-Maal”(141).

This special care has been recorded by the orientalist Bertolt in his book entitled “The Islamic Civilization” when he said:” Christians were better off under the rule of Muslims, since Muslims complied with the principle of care-taking and forbearance, in their religious and economic dealings with people of Dhimmah”(142).

Second chapter

Al Jizya (Poll Tax)

The Quranic commandment of collecting Jizya from those who refused to convert to Islam is erroneously and unfairly viewed by some. The commandment is stated in the following verse. Allah says: “Fight against such of those who have been given the Scripture as believe not in Allah nor the Last Day, and forbid not that which Allah hath forbidden by His messenger, and follow not the religion of the truth, until they pay tribute readily, being brought low” (Attawba: 29). Some have viewed this matter as a compulsion to embrace Islam, a retribution of disbelief and a sort of injustice towards the Dhimmis .Their aversion towards this law has become more exacerbated when they read the saying of Allah: “Being brought so low”, and misinterpreted it.

In this study, we will deal with the meaning of the Jizya and lowness, its philosophy and amount. We will also give a brief review of its history.

A- The Jizya as a word and as a term

“Jizya” is derived from the root “Jaza” or “compensate”. Arabs usually say the phrase “Jaza, yajzi” which means “compensate” or “reward”, if a person rewards another for the service rendered by the latter. “Jizya” is a derived term in the form of “fi’la” from “Mujazã” which is the noun “compensation”, meaning “a sum of money given in return for protection”. Ibn Al-Mutaraf says: “It is derived from “Idjzã” or “substitute” or “sufficiency” because it suffices as a substitute for the “Dhimmis embracement of Islam”(143).

Contrary to some unjust and non-objective allegations, the Jizya was not a form of punishment for not accepting Islam, since a disbelief penalty, if any, could never be a few Dinars.

Furthermore, if the Jizya were a punishment for disbelief, women, the elderly and children would not have been exempted from it. Still, if it were so the priests and clergymen would have been subjected a much heavier tax of Jizya instead of being exempted therefrom.

Al Bajji says: “The Jizya is levied on them by way of compensation of living in the land of Muslims and being protected”(144).

Previously, it has become clear to us that it is Allah who shall, in the Hereafter, attend to the reckoning of whosoever disbelieves, “Say: Allah I worship, making my religion pure for Him (only). Then worship that ye will beside Him. Say: The losers will be those who lose themselves and their housefolk on the day of resurrection. Ah, that will be the manifest loss! (Az-Zumar: 14-15).

As a term, the Jizya is defined by Ibnu Qudama as: “an annual rate of duty taken from the disbeliever on account of living in the land of Islam.”(145).

B- The Jizya in Pre-Islamic Times

Islam was not the first religion to pre-ordain the Jizya, and Muslims were not the first nation to levy the Jizya unto the peoples subdued by them. Victorious nations throughout history have persisted in levying the Jizya on their conquered subjects. Examples of such an action are abundant in human history.

This is reflected in both the Old and New Testaments. The Christ told Simon the following:

“What do you think Simon? From whom do the kings of the earth collect duty and taxes –from their own sons or from others?”

“From others” Peter answered. “Then the sons are exempt” Jesus said to him (Mathew 17:24-25).

When the Prophets conquered certain kingdoms, they levied the Jizya upon the conquered peoples, as was done by Joshua on the people of Canaan when he conquered them:

“They did not dislodge the Canaanites dwelling on Gezer; to his day the Canaanites live among the people of Ephraim but are required to pay the Jizya” (Joshua 16:10). Thus Joshua had been enslaved and levied the Jizya on the people of Canaan.

In Christianity, Christ even commanded his followers to pay the Jizya to he Romans and he himself had expediently paid it. He told Simon: “Go the lake and throw your line. Take the first fish you catch; open its mouth and you will find a four-drachma coin. Take it and give it to them for my tax and yours”. (Mathew 17:24-27).

The Gospel of Matthew once again mentioned that Jesus Christ, Peace be upon him, was asked as follows: “Tell us then, what is your opinion? Is it right to pay taxes to Caesar or not?"…. And he says to them, "Whose portrait is this, and whose inscription?" They replied, "Caesar's." Then he said to them, "Give to Caesar what is Caesar’s, and to God what is God’s." (Matthew 22: 17-21).

The New Testament considers the payment of Jizya to the ruler as a legislative right. It is clad in holiness and is rendered as a religious matter. It says: “Everyone must submit himself to the governing authorities, for the authorities that exist have been established by God. Consequently, he who rebels against the authority is rebelling against what God has instituted, and these who do so will bring judgement on themselves. For the ruler is God’s servant, an agent of wrath to bring punishment on the wrong doer. Therefore, it is necessary to submit to the authorities, not only because of possible punishment but also because of conscience. This is also why you pay taxes, for the authorities are God’s servants, who give their full time to governing. Give everyone what you owe him if you owe taxes, pay taxes, if revenue, then revenue; if respect, then respect; if honour, then honour.” (Romans 13:1-7).

C- The Jizya in Islam

The Jizya in Islam is ascribed to Allah’s saying: “Fight against such of those who have been given the Scripture as believe not in Allah nor the Last Day, and forbid not that which Allah hath forbidden by His messenger, and follow not the religion of the truth, until they pay tribute readily, being brought low” (Attawba: 29). The first thing to note from this verse preordained that Jizya be taken from fighters exclusively.

Al- Qurtubi Says: “Our scholars said The Qur’an proves that the Jizya is taken from fighters. This is ijma’ (consensus) by scholars that the Jizya is levied only on adult, free men, who can fight, and not on women, children, slaves, made peoples or defeated or the elderly”(146).

Malik says, "The Sunnah is that there is no Jizya due to women or children of people of the Book. It is only taken from men who have reached puberty. The people of Dhimmah and the magians are exempted from any Zakat on their palms or their vines or their crops or their livestock”(147).

Ibn Hajar says: “The Jizya shall not be taken from a very old man, a person suffering a chronic disease, a woman, a mad person, an incapable of earning his living, a wage earner, or monks. Its obligation for those mentioned in the end (i.e. monks) is most correct for the Shafi’ite”(148).

Umar once wrote to his army generals: “Never levy Jizya on women or children and never levy the tax except on men who shave their beards” (149); which means adults capable of taking arms.

Muslim rulers, like the governor of Egypt, Amru Ibn Al-‘Ass, have complied with this law. This latter concurred with Al-Muqawqis (Cyrus): “that it shall be levied on all Copts in Egypt, both in Upper and Lower Egypt, two Dinars for each individual, whether noble or lowly, who has attained puberty, but nothing shall be levied on the very old men, children who have not attained puberty, or women”(150).

Adam Mitz attests that Muslim met these terms in the countries under their sovereignty, saying: “was only paid by men who can go to war while the disabled, priests, clearly were exempted unless they have wealth”(151).

Similarly, Welldiorant says: “(…) and the only obligation was that they should wear a special colour and pay tax for every person pro rata his income. This sum ranged between two and four Dinars. However, priests, women, children, slaves, elderly men, the disabled, the blind and the destitute were exempted from the tax”(152).

From the previous text and the former testimonies, it is evident that the sum of Jizya was never steep to the extent that the men were unable to pay. Rather, it was always accessible and reasonable.

During the reign of the Prophet (PBUH) the Jizya never exceeded one Dinar per year. When the Prophet (PBUH) sent Mu’az to Yemen, the latter took one Dinar as Jizya from every adult man. Mu’az said: “The Prophet (PBUH) sent me to Yemen, he commanded me to take from every thirty cows, one male or female calf, and from every forty sheep an old sheep. This is the Zakat levied on Muslims and one Dinar or its equivalent in the form of clothes from every adult man”(153).

In the reign of Umar Ibn Al-Khattab, he levied Jizya on gold-sellers in the amount of four Dinars and on paper-sellers in the amount of forty Dirhams in addition to the wealth of Muslims and three-day hospitability(154).

The amount of Jizya tax has varied during the Islamic times. We have seen that Amru Ibn Al-‘Ass has levied on the people of Egypt only two Dinars per year, to be paid by men, and not by women, children or the elderly. Whereas, the Jizya tax per capita did not exceed four Dinars in the Umayyad reign.

What is clear from this variance is that the amount of Jizya is left to the discretion of the Imam. Ibn Abou Najeeh says: I told Mujahid: How come that the people of Sham (Syria) are imposed four Dinars and the people of Yemen only two Dinars? He answered that it is so for the sake of ease(155).

However, this does not exceed those flimsy amounts, which took into consideration people’s conditions and solvency and never asked them more than they could. This is what we understood from Umar commending people of Dhimmah to the care of the caliph, which would come after him, by saying “Do not ask them more than they could”(156).

In this vein, Ibn Hajar says: “The inference from this addition is that no amount, beyond the amount the tax payer could bear, shall be taken from people of Dhimmah"(157).

In this connection, Adam Mitz quotes the historian Binyamin, saying: “In all the land of Islam, Jews paid just one Dinar”(158).

In his book “History of the Conflict between Religion and Science”, Draper says: “Muslims collected from their subdued only a paltry sum of money, incomparable to the amounts collected by their national governments” (159).

In his book, “The Spirit of the Laws”, Montesquieu says: “... It was this excess of taxes that occasioned the prodigious facility with which the Muslims carried on their conquests. Instead of a continual series of extortions devised by the subtle avarice of emperors, the people were subjected to a simple tribute which was paid and collected with ease” (160).

Moreover, fiqh scholars exempted anyone who cannot pay this modest sum. Ibn Al-Qayym says: “the Jizya tax-payers shall be exempted upon insolvency”(161).

The Qadi Abu Yaala says: “The Jizya tax shall not be levied on the poor, the elderly, and persons afflicted with a chronic disease”(162).

In return for these few Dinars, Muslims undertook the defence and protection of the People of Dhimmah, even if they had to die to protect the people under their Dhimmah.

The Messenger of Allah once wrote to Rabia Ibn Zi Marhab Al-Hadrami, saying: “The Jamaa of Muslims must defend the people of Zi Murhab and their land must never be violated”(163).

In his letter to Al-Muqawqas, the king of the Copts, ‘Abada Ibn Al-Samit says: “… we will defend you and fight your enemies or those who violate your lands, lives and property and we will undertake this duty so long as you are in our Dhimmah and so long as a covenant is binding on us towards you … ”(164).

Khalid wrote to the people of some regions in Iraq on the following terms: “If we protect you, we shall be entitled to Jizya; otherwise, we shall not be entitled thereto until we give you protection”(165).

Abu Al-Walid Al Bajji says: “Jizya is levied on them as a compensation for living in the land of Muslims and the protection they were getting”(166).

Fiqh scholars stressed on the duty to protect the people of Dhimmah and considered the Muslim fulfilment of this duty as a form of abidance by the covenants that Sharia has preserved and enjoined.

Al-Mawardi says: “The Imam has discharge two duties towards them: the first is to spare their lives and the second is to protect them. Hence they shall be by the first duty secure and by the second duty protected.”(167).

Al-Nawawi says: “We must spare their lives and indemnify them against any damage caused by us to their lives and property. We are also committed to defend them against the people of war”(168).

In the same vein, Ibn Qudama says: “People of Dhimmah shall pay Jizya tax every year, and shall receive support in return”(169).

Al-Qarafi quotes Imam Ibn Hazm who, in turn, accounts for Muslims’ unprecedented consensus on the following: “We are obliged to fight people of war who seek a Dhimmi with weapons and we must sacrifice our lives to this end in order to protect people in the Dhimmah of Allah Almighty and the Dhimmah of His Messenger (PBUH), as handing a Dhimmi over without such struggle and sacrifice is an omission of the Dhimmah covenant”(170).

Al-Qarafi goes on saying: “An agreement which is duly maintained by lives and property is verily a magnificent one”(171).

The Muslim duty to protect the people of Dhimmah who live in the land of Islam shall remain valid. It shall even extend to the release of their prisons of war. Ibn Al-Najar Al-Hanbali says: “The Imam must protect the people of Dhimmah, deter those whose injure them and defend them against those who seek to harm them”(172).

When the Mongolian general Qatlaoushah invaded Damascus in the early eight century Hijri and imprisoned Muslims as well as Christian and Jewish Dhimmis, Imam Ibn Taimaiyyah went to him with a host of scholars claiming the release of prisoners. The general agreed on releasing the Muslims exclusively. Sheikh-ul-Islam then replied: “All prisoners including Jews and Christians must be released and we will never let any prisoner with you including Muslims and Dhimmis. Dhimmis are equal to Muslims as regards rights and duties”. So the Mongolian general released them all (173).

This Sharia rules are not limited to the people of Dhimmah. They also apply to all people in the land of Islam, whether they are people who had signed a covenant of protection (Muaa’hads) or a security pact (Musta’mans) since they are all people of Dhimmah, as we saw earlier. Assarkhassi says: “we have explained that people who had a security pact without any defender shall have the same status as people of Dhimmah, with regard to the duty of being protected by the Muslim leader, who shall defend them against injustice, as they are under his rule.

Don’t you see that the leader and the Muslims must follow them in order to deliver them from the hands of polytheists who had oppressed them unless they entered their strongholds and cities, the way they would have done if Muslims or people of Dhimmah were under enemy’s control? Also if these (Musta’mans) are from a country with which we have a peace pact, they shall come under our remit by virtue of such Muwaada’a (conciliation treaty)"(174).

Judge Abu Youssef quotes in his book Kitab-Al-Kharaj (Taxes), as well as other books, Makhoul who reports that a sequence of news was reported to Abu ‘Ubaida declaring the invasion by the Roman troops. Abu ‘Ubaida and the Muslims found this unmanageable, so Abu ‘Ubaida wrote to every visor of the cities whose people agreed with Muslims on Jizya ordering them to refund the Jizya and taxes. He ordered them to inform the Dhimmis of the following: “We hereby reimburse your money as we have been informed of the troops that are about to invade us and the condition between us was to protect you and we cannot do this now, so we will reimburse the money we took from you. We do abide by our agreement and we will honour our condition if Allah renders us victorious over them”(175).

When the people of Dhimmah participated in defending their countries, they were exempted from the Jizya. This was done by Mu’awaiyah, with the Armenians. The French historian Lauren says in his book “Armenia between Byzantine and Islam”: “Armenians welcomed Muslims to free them from the oppressive Byzantine rule. They even allied with Muslims to fight the Khazr. Arabs maintained for Armenians their accustomed conditions and the covenant was given by Mu’aawaya in 653 AD to Commander Theodor Rakhtoni and all his co-nationals so long as such their wish. The covenant in brief is as follows: “they will be exempted from Jizya for three years. Then they are free to pay the amount they view appropriate. They also covenanted and assured him that they will cater for fifteen thousand knights instead of Jizya and that the Caliph would send to the foots and strongholds of Armenia any Emirs or commanders of horses or judges that all if they were invaded by the Romans he is to provide them with all the help they might need. Mu’awaya hereby takes this covenant before Allah Almighty”(176).

When Al-Jarajimah (nearby Antioch) pledged to defend their borderline fortified cities with Muslims and to be their guards and aids, Abu ‘ubaida exempted them from paying Jizya made peace with them to take some booty if they take spoils in the wars they fought alongside Muslims”(177).

Similarly, he also made peace with People of Samaria and exempted them from the payment of Jizya. In this respect Albaladhiri says “they were reliable guards to the Muslims in return for the Jizya levied on them”(178).

Adam Mitz was right to liken Jizya to what we call today the military service, and he says: “Jizya was similar to national defence tax as it was only paid by men who can go to war”(179).

The Historian Thomas Arnold concurs with him on this matter and says: “The purpose of levying this tax on Christians -as reiterated by some researchers- was not a form of punishment for not accepting Islam. They rather used to pay it with the remaining Dhimmis namely non-Muslims subjects of the Islamic state whose beliefs prevent them from joining the military service in return for the protection secured to them by Muslims’ swords”(180).

Welldiorant says: “This tax was exclusively levied on non-Muslims who can go to war (…) Dhimmis were exempted from military service in return (…) and the government was bound to protect them”(181).

Doctor Al-Kharboulthi quotes Van Volten when he says: “Taxes were not heavy in comparison to what the Arab government did in terms of building roads, canals, restoring security and making other kinds of services. The truth is that the Jizya was not a punishment of people of Dhimmah. It was remuneration for their exemption from military service in return for being protected by Muslims”(182).

If the Jizya taxpayer is incapable, he is exempted. In addition Bayt Al mal caters to his needs and food- as it has been previously explained. Abou Lwalid Albajji says: “If the Jizya tax accumulates for two years or more, unlike what Abou- Hanifa went to, they were not added to one another according to the saying of Shafi’i, and the Jizya tax of one year is exempted. What is apparent from the Maliki doctrine is that if there is a tax evasion, all the previous years must be paid. But if there is a case of an insolvency, the person is exempted for good….This saying is based on the fact that the poor is levied no Jizya tax and has no Jizya tax liability.” (183).

Al-Qurtubi says: “It is permissible to punish them if they refrain from payment while such being affordable. However the one proving to be incapable of payment may not be punished because the one who is incapable to pay is exempted and the rich are not bound to pay the Jizya for the poor”(184).

As to the interpretation of the word “readily” coming in the Sura of (Attawba: 29), Ibn Hajar says: “ that is to say of their own free will, and anyone who yielded to a conqueror and gave him tribute from hand to hand means that he had given it out of his own free will. It was said that “readily” means a Muslim gracefulness towards them. Likewise it was said to mean: handing it in person instead of sending it”(185).

As for the commandment of subdue set out in the Quranic verse “and feel themselves subdued”, it is a meaning that can never contradict the saying of the Prophet (PBUH) which preordains kindness, justice, prohibition of injustice and oppression. [That] is how the scholars of Islam understand it. Al-Shafi’i interpreted this phrase as preordaining that the rules and regulations of Islam apply to them or to their public. Jizya is a sign of a nation subdued and conquered due to the general properties of the conquering nation.

The follower, ‘Ikrima the servant of Ibn ‘Abbass, interpreted this as the image of payment of Jizya to Muslims. He says: “they should be standing up while giving it and while the takers should be sitting down. “As the giving hand has always been the upper hand, so it should the upper, they were required to make the Jizya payer feel their superiority over him and not his superiority over them. Al-Qurtubi says in his interpretation: “so the hand of an almsgiver is made the upper hand while the hand of the Jizya giver is the lower while the hand of the Jizya taker is the upper Ibn Al-Qayyim says: “As the hand of the giver is made the upper while the hand of the taker is made the lower, scholars, out of reservation, considered that in the case of Jizya the hand of its giver made the lower and the hand of the taker the upper”(186).

The bleak images reported by some fiqh scholars with regard to the meaning of subdue are just the same ones already disclaimed by scholars. Taqey Eddine Al-Hosni Ashafi’i quotes some people saying: “Jizya is taken in a subduing and humiliating way and, as the Dhimmi was ordered to stay standing while the Muslim is sitting in, a Dhimmi should bring his hand out of his pocket, bend his back, incline his head and put what he has in the balance scale. Then the Jizya tax collector would grab his beard, and hit him on the chin bone and on the part between the chewing muscle and the ear.”

Al-Nawawi comments on this came as follows: “This image is groundless, for no authoritative source has ever reported it, and only few people have mentioned it. It is therefore rejected out right. This is a concocted story. No one reports that the Prophet (PBUH) or one of the mostly guided Caliphs would have done something similar”(187).

Commenting similar images reported by some scholars, Ibn Al-Qayyim says: “There is no evidence to this allegation. This is not what the Quranic verse preordains. No one reports that the Messenger of Allah or his companions did something similar. What the Quranic verse, rather, that they [the Dhimmis] should demonstrate commitment to the religious commandments and rules regarding them and to the payment of the Jizya. Their commitment is their subdue” (188).

Al-Nawawi quotes a host of scholars saying: “like debt taking, the Jizya shall be taken with gentleness”(189).

Protection is not the only reason for the enactment of Jizya. Scholars states other reasons, such as the fact that the Jizya and subdue are a limited way of pressure, which urges a Dhimmi to ponder Islam, take cognisance of its merits, be rightly guided by it and gain paradise.

Ibn Hajar told: “Scholars said: The philosophy of laying the Jizya tax is that the lowness they suffer would incite them to convert to Islam. In addition, social intercourse would enable them to take cognisance of Islam”(190).

The main conclusions of the paper are:

- Islam is the last religion revealed by Allah to Muhammad (PBUH) as a mercy to all peoples. Islam is the religion chosen by Allah among other religions for mankind.

- The people of Dhimmah, of Aman, and of A’ahd are terms given by fiqh experts for non-Muslims living in or coming to the land of Islam or coming to it. These terms mean that those people are under the care and protection of Muslims.

- Islam was the first to uphold man’s freedom to hold on to his religion and not to be forced into renouncing it. It has also guaranteed freedom of worship and inviolability of worship places.

- Islam has recognized the existence of other religions, the inevitability of difference and man’s ability to make sound judgement and choice.

- Coercion into Islam is a disgrace that has never been committed by Muslims throughout their history, for the texts prohibiting it are conclusive. This fact has been attested to by western and non-western historians.

- Islam Fiqh experts kings princes have been keen on taking care of the people of Dhimmah and safeguarding their rights for fear of the warning of the Prophet (PBUH) to whosoever did them injustice or committed a hostile act against them.

-Allah adores Muslims who are just and kind with the people of Dhimmah through the various forms of good like relationship, gifts, visits, hospitability and munificence.

-Nations have recognized the greatness of Islam and the tolerance of the faith of conquerors. Thus, they welcomed them and helped them to protect fortified borderline cities and fend off any aggression.

- The teachings of Islam rule that the people of Dhimmah are an integral part of its system of solidarity. Thus a Dhimmi had moved from being a Jizya taxpayer to a protégé of the Islamic community.

- The Jizya is a derivative of “Mujazat” (literally : repayment) which means a repayment to be given by Ahl Dhimmah to Muslims in return for the guarantees and services they obtained from Muslims.

-The Jizya is a system, which ancient nations have known, and which has been made into law by the sacred books of Jews and Christians. Islam has exalted it by introducing into it exceptional guarantees, in return of few Dinars the conquered people made no hesitation to pay.

(*) Representative the Muslim World League.

(1) Hadith (335) narrated by Al-Bukhari and hadith (1163) narrated by Moslim.

(2) Tafsiir Al-Kuran Al-‘Adhiim (2/466).

(3) Samaahat Al-Islam, Ahmed Alhoufi (p. 209).

(4) Dar’u Ta’aarudi Al ‘Aql Wa ‘Annaql (1/242).

(5) Ahkaam Ahl-Dimmah (2/873).

(6) Ahkaam Ahl-Dimmah (2/873-874).

(7) Haashiyat Alboujairimi (4/263)

(8) Ahkaam Ahl-Dimmah (2/874).

(9) Tahriir Alfadh Attahriir (325).

(10) Ahkaam Ahl-Dimmah (2/874).

(11) Narrated by Abdurrazak in Al-Mussanaf (5/224) and by Albayhaqi in his Assunan ( 9/59).

(12) Narrated by Al-Bukhari, (6158), and by Moslem (336).

(13) Narrated by Al-Bukhari, (7300), and by Moslem (1370).

(14) Sharh Assiyar Alkabir.

(15) Al Kafi Fi- Fiqh Ibnou Hanbal (4/333), Hadith narrated by Abou Daoud (3762), and by Ahmed (3752) and the wording is his.

(16) Al Kafi Fi- Fiqh Ibnou Hanbal (4/333).

(17) Al Mughni (9/199).

(18) Tafsiir Al-Kuran Al-‘Adhiim (2/72).

(19) Al-Ihkam Fi Oussul Al-Ahkam (2/64).

(20) Tafsiir Al-Kuran Al-‘Adhiim (2/466).

(21) Al-Jami’ Li-Ahkam Al-Qur’an (10/161).

(22) Fath Al-Khadiir (3/90).

(23) Narrated by Al-Bukhari (1313) and Moslim (961).

(24) Tafsiir Al-Kuran Al-‘Adhiim (1/416).

(25) Al-Muhallaa (11/196).

(26) Assiyar Al-kabir ( 10/103).

(27) Al-Mughni (9/29) see also Kashaf Al-Qina’ of Al-Bahouti (6/180).

(28) Attabaqaat Al-Kubraa (1/266) see also Kitab Al-Amwaal of Ibn-Zanjawaih (2/449).

(29) Taariikh Attabari (4/449).

(30) Idem (4/449).

(31) See Futuh Al-Buldaan (239).

(32) It was called so because the Jews had been throwing garbage in its dirty place before being cleaned by Helena the mother the emperor Constantine, who turned it into a church. See Taarikh Ibn Khaldoun (1/435).

(33) Taarikh Ibn Khaldoun (2/266).

(34) Narrated by Al-Balaadhiri in Foutouh Al-Bouldaan (166), see also Kitab Al Amoual of Ibn-Zanjawaih (2/473).

(35) Narrated by Abou-Yussuf in Al-Kharaj (175).

(36) Narrated by Abou -‘Ubaid in Al-amwal (138).

(37) Al-Muntaqa Sharh Al-Muatta’ of Imam Malik.

(38) Ghaayat Almuntaha and watafsiruh (2/604), this has been stressed by a number of fiqh experts. See Al-Insaaf of Al-mardawi(4/248), Kashaaf Al-kina’ of Al-bahouti (3/104), the Hadith was narrated by Athimidi (2733), Annassa’i (4078) and Ahmed (17626).

(39) Ikhtilaf Al-fuqaha’(233).

(40) Attamhid (14/392)

(41) Narrated by Abou-Ubaid in Al-Amwal (223) see also Futtuh Al-Buldaan (171/172)

(42) Narrated by Abou-Ubaid in Al-Amwal (223), see also Al-Amwal of Ibn Zanjawaih (1/388) and Futtuh Al-Buldaan (169).

(43) U’mdatu Al-Quari’(16/161)

(44) U’mdatu Al-Quari’(16/161).

(45) Al-Insaf ( 4/22).

(46) The History of Civilization (12/131).

(47) The Preaching of Islam (99).

(48) Footnote of page 128 of the book “History of the Arabs” by Gustav Lebon.

(49) Ahl Dhimmah in Islam (158).

(50) Fannu Al-hukmi Fil-Islam by Abouzaid Fahmi (387).

(51) The Preaching of Islam (51).

(52) The Sun of the Arabs Shines on the West, (364).

(53) Dialogue of Cultures in the Islamic West, Saad Bouflaka (14).

(54) The Sun of the Arabs Shines on the West, (364).

(55) Tabaqaat ibn Saad (5/283), and Arnold’s book “The Preaching to Islam” (93).

(56) Islam and Ahd Dhimmah (127).

(57) The Civilization of the Arabs (127).

(58) The Civilization of the Arabs (127).

(59) Ruhuddine, Afif Ttbara (412).

(60) The Islamic civilization in the fourth century Anno Hegira (2/93).

(61) Idem (2/95).

(62) Islam and Ahl Dhimmah, by Kharboulti (119).

(63) Jaami’ Albayan (12/62).

(64) Narrated by Moslim (2553).

(65) Al Forouk (3/21-22), Al-Qurrafi, may Allah rest his soul in Peace, has explained in an exquisite language the rules of conducts with non-Muslims as well as what is permissible and what is not in this respect so confer to it.

(66) Tafsiir Al-Kuran Al-‘Adhiim (3/446)

(67) Narrated by Al-Bukhari (2620), and by Moslim (1003).

(68) Fath Albari (5/234).

(69) Almabssoutt (4/105).

(70) Narrated by Abou ‘Ubaid in Al-Amwaal (408).

(71) Narrated by Moslim (2543).

(72) Sharh Al-Nawawi according to the Sahih of Moslim (16/97).

(73) Narrated by Ahmed (2009) and Termithi (3232).

(74) Narrated by Al-Bukhari (1356).

(75) Narrated by Narrated Ibn Zenjaouih fi Kitab Al-Alamwal (2/589).

(76) Narrated by Al-Bukhari (2617), and Moslim (2190).

(77) Narrated by Ahmed (12789).

(78) See Al-Bukhari (1482).

(79) Al-Mughni (9/262). See also Kithab Al-Amoual of Ibn-Zanjawaih.

(80) Al-Bukhari (886) and Moslem (2086).

(81) Sharh Al-Nawawi according to the Sahih of Moslim.

(82) Narrated by Al-Bukhari in Al-Adab Al-Moufrad.

(83) Al-Ahkam Assulttania (158). The hadith was narrated by Aboudaoud (3750), Bnou Majja (3677) and Ahmad (16720).

(84) Narrated by Attirmidhi (2954).Al-Albani saw it a good hadith in Sahih Attirmidhi (2353).

(85) Narrated by Al Bukhari (2937) and Moslim (2524).

(86) Narrated by Moslim (2599).

(87) Al-Jaami’ Li-Ahkam Al-kuran (6/110).

(88) Mawahib Al-Jalil (137).

(89) Narrated by Abu Daoud (3052), and the same in Sunan Annissai (2749), and corrected by Al-Bani in the Sahih of Abi Daoud (2662).

(90) Narrated by Ahmed (12140).

(91) Narrated by Abou Daoud (3051) and by Said Ibn Manssour in his Sunnan (2603), and Al-Albani considered it to be a weak hadith on account of an ambiguity in its chain of transmitters.

(92) Narrated by Abou U’baid in Al-Amwal (219).

(93) Attabakhat Al-Kubraa of Ibn Sa’d (1/266).

(94) Narrated by Al-Bukhari (3166).

(95) Fath Al Bari (12/259).

(96) Idem (12/302)

(97) Narrated by Ibn Hibban (5982), Al-Bayhaqi in Asunnan (9/142) and by Attabarani in Al-Mu’jam Alawsat (4252).

(98) Ahkham Ahl-Dhimmah (2/737)

(99) Al-Jami’ Liahkam Al kuran (2/246).

(100) Narrated by Abdurrazak in his Musanaf (10/101).

(101) Narrated by Ashafi’I in his Musnad (1/344) and by Al Baihaqi in his Sunan (8/34)

(102) Narrated by Abdurrazak in his Musannaf (10/101).

(103) Narrated by Aboudaoud (3050) and authenticated by Al-Albani in his Assilssila Assahiha (882).

(104) Adduru-Al-Mukhtar and the footnote of Ibn Abidin (4/171).

(105) Adduru-Al-Mukhtar and the footnote of Ibn Abidin (4/171).

(106) Hilyatu Al-Awliya’ (4/141) and Bidaya wa Nihaya (8/4-5).

(107) See Tarikh Omar Abou Al-Jawzi (129-130), and Foutouh Misr, by Ibn Al-Hakam (195).

(108) Narrated by Ahmed (14526).

(109) The story was narrated by Attabrani in his Almu’jam Al-kabir(17/52), by Abou Anna’im in Al Hily a (1/248) and Al-Haythami said :” narrated by Attabarani, and one of its transmitters is Abdullah Ibn Ibrahim Ibn ‘antara, and is therefore a disgraced hadith”. Mujma’ Azzawa’id (9/383) and the following story of Ibn ‘Asakir testifies to that.

(110) Mentioned by Ibn ‘assakir in Taarikh Dimashq (46/493) and by Al-Moutaqi Al-Hindi in Kanz Al-‘umal (37446).

(111) See Sifat Assafwa (2/115-116) and Bidaya wa Nihaya (9/213-214).

(112) Narrated by Abou ‘ubaid in Al-Amwal (236) and by Al-Baladhiri in Fouthouh Al-Bouldan (217).

(113) Narrated by Moslim (2613).

(114) Foutouh Al-Bouldan (213-214). See also Al-Amwal of Ibn Zanjawaih (1/425).

(115) Foutouh Al-Bouldan (211).

(116) Narrated by Abou ‘ubaid in Al-Amwal (247-248). See Fotouh Al-Bouldan of Al-Balaadhiri (222).

(117) Taarikh Attabari (2/503).

(118) Narrated by Al-Baladiri in Futuuh Al-Bouldan (144).

(119) Narrated by Abou ‘ubaid in Al-Amwal (91).

(120) Narrated by Abou ‘ubaid in Al-Amwal (223), by Ibn Zanjawayh in Al-Amwal (1/386) and by Al-Baladhiri in Foutouh Al-Buldan (179).

(121) Narrated by Al-Bukhari (1392).

(122) Kanz Al-‘umal (14304).

(123) Narrated by Abou Youssouf in Al-kharaj (18).

(124) Taarikh Ibn ‘asaakir (20/28).

(125) Narrated by Abou Youssouf in Al-kharaj (149).

(126) Narrated by Al-Baladiri in Futuh Al-Buldan (187).

(127) The Sun of Arabs shines on the West (364).

(128) Narrated by Al-Bukhari (7376).

(129) Tuhfat Al-Ahudhi (42/6).

(130) Al-Jaami’ Li-Ahkam Al-Kuran (8-174), many Fiqh experts have forbidden the mandatory Almsgiving on account of the saying of Allah: “ Shall be taken from their rich and given to their poor”.

(131) Al-Mabsoutt (2/10).

(132) Badai’ Assanai’ (4/262).

(133) Asharh-Al Khabir (6/212).

(134) Al-Furouq (3/21).

(135) Sharh Al-Qurashi Ala Mukhtassar Khalil (3/109).

(136) Narrated by Abou Youssouf in Al-Kharaj (151).

(137) Narrated by Abou Youssouf in Al-Kharaj (150-151). See also Al-Amwal (1/131)

(138) Narrated by Abou Youssouf in Al-Kharaj (151).

(139) Taariikh Madinat Dimashq (1/178).

(140) Narrated by Al-Baladhiri in Futouh Al-Bouldan (177).

(141) Narrated by Abou-‘Ubaid in kitab Al-Amwal (94). See also Al-Amwal of Ibn-Zanjawaih (1/169).

(142) See: Taarikh Ahl Dhimmah Fi-Al-Iraq by Taoufik Sultan (124).

(143) Al-Jami’ Le’ Ahkam el Quraan (114 (8), Al-Mugharab Fi Tarteeb Al-Mu’rab (143/1), see Mukhtaret-Sahaah (44/1)

(144) Al-Muntafi Fi-Sharh Muwatta’ Malik (2/175).

(145) Al-Mughni (9/263).

(146) Al-Jami’ Li-Aahkham Al- Kuran (8/72).

(147) Al Muwatta’, the book of Zakat (619).

(148) Fath Al-Bari (6/206).

(149) Narrated by Abou’ubaida in his book “Al-Amwal” (51). See it also in Irwa’ Al-Ghali (1255).

(150) Narrated by Ibn Abd-Alhakam in Futouh Missr Wa-Akhbariha (70).

(151) The Islamic Civilization (1/96).

(152) The History of Civilization (12/130-131).

(153) Narrated by Atirmidhi (1576), Abudawud (1576), Anassa’I (2450) and was authenticated by Al-Albani in Sahih Atirmidhi ( 509).

(154) Narrataed by Malik in Al Moutaa (618), and corrected by Al-Bani in Mishkat Al-MASSABIH 5 3970).

(155) Mentioned by Al-Bukhari in the chapter on Jizya and Mouada’a with Ahl Al Harb, and by Abu-‘ubaid in Al-Amwal (57).

(156) Narrated by Al-Bukhari (1392).

(157) Fath Al-Bari (6/267).

(158) The Islamic Civilization in the Fourth Century of the Hegira (1/96)

(159) Ruh Ad-Din Al-Islami by ‘Afif Ttbaara(406).

(160) Ruh Ad-Din Al-Islami by ‘Afif Ttbaara(407).

(161) Ahkam Ahl-Dhimmah (1/250).

(162) Al-Ahkham Assultania (160).

(163) Narrated by Ibn Saad in Attabaqat Al-Kubraa (1/266).

(164) Narrated by Ibn ‘Abd Al-Hakam in Futouh Missr wa Akhbariha (68).

(165) Taariikh Attabari (2/319).

(166) Al Muntaqa Sharh Muatta’ Malik (2/175).

(167) Al-Ahkham Assultania (143).

(168) See Mughni Al-Muhtaaj ( 4/253).

(169) Al-Mughni ( 10/362).

(170) Al-Furuq (3/20).

(171) Idem. (172) Matalib Ouli Annahy (2/602).

(173) Majmoua Al-Fatawa (28/617-618).

(174) Assiyar Al-Kabiir Washarhuh (5/1891- 1892).

(175) Narrated by Abou Youssouf in Al-Khjaraj (166), See also Futouh Albouldan of Al-Baladhri (187).

(176) See the article of Ali Ben Mansour entitled “Bayna Ashari’a Al-Islamiya wa Al-Qanun Ad-dawli, published in the magazine “Rissalat Al-Islam” volume (54). See: Futuh Al Buldan (210-211).

(177) Narrated by Al-Baladhiri in Futouh Al-Buldan (217).

(178) Narrated by Al-Baladhiri in Futouh Al-Buldan (215-216).

(179) The Islamic Civilization (1/74).

(180) The Preaching of Islam (58).

(181) The History of Civilization (12/130-131).

(182) Al-Islam Wa-Ahl Dhimmah (107).

(183) Al-Mountaqa Sharh Muwatta’ Maalik (2/176).

(184) Al-Jaami’ Li-Ahkaam Al-kuran, and Tafsir Al-Mawardi (2/351-352).

(185) Fath Al-Bari (6/259).

(186) Al Jami’ Li-Ahkam Al-Kuran (8/115) and Tafsir Al-Mawardi (2/351-352).

(187) Kifayat Al-Akhbar (1/669).

(188) Ahkam Ahl-Dhimmah (120-121).

(189) Kifayat Al-Akhbar (1/669).

(190) Fath Al-Baari (6/259).

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