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Status of Dhimmis: Please do not enter anti-Saudi original research; if you have sources for these claims, please provide them, and put them in the proper section
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Prohibitions paragraph re: comparisons to other systems and mutaween conduct returned. For references see Talk Page.
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* Mourning loudly.
* Mourning loudly.
* Dressing in the same way that [[Arab]]s dress. Dress codes, such as forcing all Jews to wear a [[yellow badge]] or forcing Buddhists to wear identifying marks, are sometimes -- but not always -- enforced, so that dhimmis will be visibly distinct from Muslims. The practice is not found in the [[Qur'an]] or [[hadith]].
* Dressing in the same way that [[Arab]]s dress. Dress codes, such as forcing all Jews to wear a [[yellow badge]] or forcing Buddhists to wear identifying marks, are sometimes -- but not always -- enforced, so that dhimmis will be visibly distinct from Muslims. The practice is not found in the [[Qur'an]] or [[hadith]].

These prohibitions have often been compared to South African [[Apartheid]], American [[Jim Crow]] laws, or the status of persecuted groups under [[Nazi Germany]]. Saudi Arabia goes as far as to define Muslim-only roadways, and their [[mutaween]] are highly vigilant in hunting down non-Muslim religious groups [http://www.memri.org/bin/opener_latest.cgi?ID=SD90105 link].


=== Death penalty ===
=== Death penalty ===

Revision as of 22:32, 10 May 2005

A Dhimmi, or Zimmi (Arabic ذمّي), as defined in classical Islamic legal and political literature, is a person living in a Muslim state who is a member of an officially tolerated non-Muslim religion. The term literally means "protected person." In both legal theory and practice, dhimmis have fewer legal rights than Muslims.

The root of "dhimmi" comes from the Arabic root "dh-m-m", where "dhimma" means "being in the care of".

Background

The term initially applied to "People of the Book" living in lands under Muslim rule, namely Jews and Christians. Over time Muslims extended this category to Zoroastrians, Mandeans, and Sikhs. Many, but not all, extend this to Hindus.

Its origin is traced to the Pact of Umar (text): a treaty supposedly drawn up by Umar ibn al-Khattab, the second Caliph, to deal with non-Muslims living on land conquered by Muslims.

In the Middle Ages, the dhimmi concept was tolerant by the standards of the time. Christians and Jews were allowed to live in peace within the Muslim society, on the condition (also required of Muslim subjects) of submission to their rulers. An example is the Muslim state of Cordoba in Southern Spain where Christians and Jews prospered. Maimonides, by some considered the greatest Jewish philosopher and Talmudic sage, lived in Muslim Spain, North Africa and Egypt. As late as the 16th century, religious tolerance in Europe was greatest within the Ottoman Empire.

Modern vs. customary practice

The attitude towards dhimmis varies from Muslim to Muslim. The religious and legal views of this issue have historically been a practical issue, but today have become a purely theoretical issue for many Muslim nations. Very few such nations now have any legally defined special status for dhimmis. Dhimmitude still is legally important in Iran and Saudi Arabia, and until recently was important in Taliban-controlled Afghanistan. Some Islamist organizations are working to make Islamic law, including dhimmitude, applicable in all Muslim nations.

Muslims living in less conservative or more multiconfessional nations typically present the dhimmi as being equal to Muslims. For example, one book published in Pakistan claims:

Islam does not permit discrimination in the treatment of other human beings on the basis of religion or any other criteria... it emphasises neighborliness and respect for the ties of relationship with non-Muslims ...within this human family, Jews and Christians, who share many beliefs and values with Muslims, constitute what Islam terms Ahl al-Kitab, that is, People of the Scripture, and hence Muslim have a special relationship to them as fellow "Scriptuaries". (Suzanne Haneef, What everyone should know about Islam and Muslims, Kazi Publications, Lahore, 1979, p. 173.)

In contrast, Muslims living in more traditional Muslim nations, particularly those that institute Sharia as the law of the land, present the dhimmi as being second-class citizens. For example, one book published in Saudi Arabia argues:

In a country ruled by Muslim authorities, a non-Muslim is guaranteed his freedom of faith.... Muslims are forbidden from obliging a non-Muslim to embrace Islam, but he should pay the tribute to Muslims readily and submissively, surrender to Islamic laws, and should not practice his polytheistic rituals openly. (Abdul Rahman Ben Hammad Al-Omar, The Religion of Truth, Riyadh, General Presidency of Islamic Researches, 1991, p. 86.)

Status of Dhimmis

For several centuries following the codification of the Qur'an, the Islamic Caliphate expanded its political control rapidly through warfare. Conquered peoples - including Christians, Jews, Zoroastrians, Sabians, and Hindus - became dhimmis: protected citizens under Islamic law, allowed the rights listed below on condition of loyalty or acquiescence to the government and paying the taxes mentioned below:

Rights:

  • Protection of life, wealth and honor by the Muslim state (even against other co-religionist states)
  • Right to reside in Muslim lands
  • Right of worship according to their own religion
  • Right to work and trade
  • Right not to be enslaved; this was not always respected, as the application of the devshirmeh under the Ottomans demonstrates.

Exemptions:

  • Exemption from paying zakah "alms to the poor"
  • Exemption from being drafted in military service
  • Exemptions from religious duties specific to Muslims
  • Exemptions from personal Muslim laws (e.g. marriage, divorce)

Obligations:

Prohibitions:

  • Not allowed to build new non-Muslim houses of worship, or expand existing locations.
  • Not allowed to display non-Muslim symbols on the outside of their existing houses of worship.
  • Not allowed to pray non-Muslim prayers, perform non-Muslim rituals, wear symbols of their faith visibly on their clothing, or preach non-Muslim faiths in public.
  • Not allowed to publish or sell non-Muslim religious literature.
  • Not allowed to ask Muslims to join them in worship (see proselytization).

Dhimmis were (and are) subject to other restrictions depending on the local Muslim government:

  • Holding public office.
  • Bearing weapons.
  • Riding camels or horses.
  • Building houses of worship higher than mosques.
  • Mourning loudly.
  • Dressing in the same way that Arabs dress. Dress codes, such as forcing all Jews to wear a yellow badge or forcing Buddhists to wear identifying marks, are sometimes -- but not always -- enforced, so that dhimmis will be visibly distinct from Muslims. The practice is not found in the Qur'an or hadith.

These prohibitions have often been compared to South African Apartheid, American Jim Crow laws, or the status of persecuted groups under Nazi Germany. Saudi Arabia goes as far as to define Muslim-only roadways, and their mutaween are highly vigilant in hunting down non-Muslim religious groups link.

Death penalty

In certain schools of Islamic jurisprudence, if a Jew or Christian is convicted of killing a Muslim, the sentence is death, while if a Muslim is convicted of killing a Jew or Christian, it is not. The following extract from Sahih Al-Bukhari (Hadith 9.50; Narrated by Abu Juhaifa) supports this view:

I asked 'Ali "Do you have anything Divine literature besides what is in the Qur'an?" Or, as Uyaina once said, "Apart from what the people have?" 'Ali said, "By Him Who made the grain split (germinate) and created the soul, we have nothing except what is in the Qur'an and the ability (gift) of understanding Allah's Book which He may endow a man with, and what is written in this sheet of paper." I asked, "What is on this paper?" He replied, "The legal regulations of Diya (Blood-money) and the (ransom for) releasing of the captives, and the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever)."

As does this text from Sunan of Abu-Dawood (Hadith 2745; Narrated by Abdullah ibn Amr ibn al-'As), which states:

The Apostle of Allah (peace be upon him) said: ... A believer shall not be killed for an unbeliever, nor a confederate within the term of confederation with him.

While this point of view is indeed present in Islamic jurisprudence, it is not the only interpretation, nor has it been the practice over most of Muslim history. There is a hadith (narrated in Abdul Razzaq and Al Baihaqi) which states that Muhammad ordered the execution of a Muslim because he killed a dhimmi. This hadith's authenticity is disputed. Ali would have ordered an execution in a similar case had the dhimmi victim's brother not asked that the Muslim not be executed. Ali said: "Those who have our dhimma have their blood equal to ours ... [they paid the jizyah so that their life and our lives are equal]". Moreover, Omar Ibn Abdul Aziz ordered his regional governors to execute those who kill any dhimmis.

This view is adopted by the Maliki and Hanafi schools, as well as many other jurists, such as Al Laith Ibn Saad, Al Sha'bi, Ibn Abi Laila, and Al Nakh'i.

Most Islamic states followed the latter interpretation, as during Ali's and Omar II's reigns, and in the Ottoman Empire until its end in 1924.

Saudi Arabia, rather than the Death Sentence, imposes a stiff monetary fine for murder (to be paid as "blood money" to the family of the victim). The fine for killing a muslim male is the full value; the fine for killing a dhimmi male or muslim female is half that, and the fine for killing a dhimmi female is only 1/4 the fine for killing a Muslim male.

Dhimmis in Islam vs. minorities in non-Muslim societies

Non-Muslim societies in the medieval period had comparable laws and regulations. Severe and harsh restrictions were imposed on Jews in Europe before Islam came to Spain. The Visigothic Code (or Forum Judicum), has an entire book dedicated to laws concerning Jews, with severe restrictions, and often one-sided laws. King Ervigius's additions to the code were even more restrictive. It forced Jews not to prevent their children from baptism, prohibited them from celebrating Passover, undergoing circumcision, marriage of relatives, observing dietary laws, reading books that the Christian faith rejects, and testifying against Christians—as well as forbidding Christians from defending or protecting Jews, and forcing Jews to abstain from labor on Sundays and Christian holidays.

Dress code and other restrictions were forced by Christians on Jews, as well as Muslims in Europe. In Spain it was enforced, and penalties were levied if mudejars did not observe it. As early as 1215 the Fourth Council of the Lateran under Pope Innocent III issued a decree that Muslims and Jews shall wear a special dress to distinguish them from Christians. This concept is thus common to medieval Christendom and Islam. Such measures no longer exist in European law codes, though a few Muslim countries still impose dhimmi restrictions up to the present day.

See also

References

  • Bat Ye'or, The Dhimmi (NJ: Fairleigh Dickinson University Press, 1985), pp. 43-44.
  • Louis Gardet, La Cite Musulmane: Vie sociale et politique (Paris: Etudes musulmanes, 1954), p. 348.
  • Encyclopedia Judaica, Keter Publishing
  • Khalid Duran and Abdelwahab Hechiche,Children of Abraham: An Introduction to Islam for Jews (Ktav, 2001)