Dhimmi
or is a historical term for non-Muslims living in an Islamic state with legal protection and certain restrictions. The word literally means "protected person", referring to the state's obligation under sharia to protect the individual's life, property, as well as freedom of religion, in exchange for loyalty to the state and payment of the jizya tax, in contrast to the zakat, or obligatory alms, paid by the Muslim subjects. Dhimmi were forbidden to bear arms and so did not perform military service and other privileges assigned specifically to Muslims. They were required to pay the poll tax but had certain rights under the laws of property, contract, and obligation. Dhimmis were subject to specific restrictions as well, which were codified in agreements like the Pact of ʿUmar. These included prohibitions on building new places of worship, repairing existing ones in areas where Muslims lived, teaching children the Qurʾān, and preventing relatives from converting to Islam. Depending on specific areas and periods, Dhimmis were also restricted in the professions they could engage in, limited in travelling outside of specific areas, owning property and were periodically exposed to forced conversions and massacres. They were also required to wear a yellow badge or other distinctive clothing, refrain from carrying weapons, and avoid riding on saddles.
History
Historically, dhimmi status was originally applied to Jews, Christians, and Sabians, who are considered "People of the Book" in Islamic theology. Later, this status was also applied to Zoroastrians, Sikhs, Hindus, Jains, and Buddhists.Jews, Christians and others were required to pay the jizyah, and forced conversions were forbidden. Despite this nominal prohibition, instances of forced conversion are well-documented.
During the rule of al-Mutawakkil, the tenth Abbasid Caliph, numerous restrictions reinforced the second-class citizen status of dhimmīs and forced their communities into ghettos. For instance, they were required to distinguish themselves from their Muslim neighbors by their dress. They were not permitted to build new churches or synagogues or repair old churches without Muslim consent according to the Pact of Umar.
Under Sharia, the dhimmi communities were usually governed by their own laws in place of some of the laws applicable to the Muslim community. For example, the Jewish community of Medina was allowed to have its own Halakhic courts, and the Ottoman millet system allowed its various dhimmi communities to rule themselves under separate legal courts. These courts did not cover cases that involved religious groups outside of their own communities, or capital offences. Dhimmi communities were also allowed to engage in certain practices that were usually forbidden for the Muslim community, such as the consumption of alcohol and pork.
Some Muslims reject the dhimma system by arguing that it is a system which is inappropriate in the age of nation-states and democracies. There is a range of opinions among 20th-century and contemporary Islamic theologians about whether the notion of dhimma is appropriate for modern times, and, if so, what form it should take in an Islamic state.
There are differences among the Islamic Madhhabs regarding which non-Muslims can pay jizya and have dhimmi status. The Hanafi and Maliki Madhabs generally allow non-Muslims to have dhimmi status. In contrast, the Shafi'i and Hanbali Madhabs only allow Christians, Unitarians, Jews, Sabeans and Zoroastrians to have dhimmi status, and they maintain that all other non-Muslims must either convert to Islam or be fought.
The "Dhimma contract"
Based on Quranic verses and Islamic traditions, sharia law distinguishes between Muslims, followers of other Abrahamic religions, and Pagans or people belonging to other polytheistic religions. As monotheists, Jews and Christians have traditionally been considered "People of the Book", and afforded a special legal status known as dhimmi derived from a theoretical contract—"dhimma" or "residence in return for taxes". Islamic legal systems based on sharia law incorporated the religious laws and courts of Christians, Jews, and Hindus, as seen in the early caliphate, al-Andalus, Indian subcontinent, and the Ottoman millet system.In Yemenite Jewish sources, a treaty was drafted between Muhammad and his Jewish subjects, known as kitāb ḏimmat al-nabi, written in the 17th year of the Hijra, which gave express liberty to the Jews living in Arabia to observe the Sabbath and to grow-out their side-locks, but required them to pay the jizya annually for their protection. Muslim governments in the Indus basin readily extended the dhimmi status to the Hindus and Buddhists of India. Eventually, the largest school of Islamic jurisprudence applied this term to all Non-Muslims living in Muslim lands outside the sacred area surrounding Mecca, Arabia.
In medieval Islamic societies, the qadi usually could not interfere in the matters of non-Muslims unless the parties voluntarily chose to be judged according to Islamic law, thus the dhimmi communities living in Islamic states usually had their own laws independent from the sharia law, as with the Jews who would have their own rabbinical courts. These courts did not cover cases that involved other religious groups, or capital offences or threats to public order. By the 18th century, however, dhimmi frequently attended the Ottoman Muslim courts, where cases were taken against them by Muslims, or they took cases against Muslims or other dhimmi. Oaths sworn by dhimmi in these courts were tailored to their beliefs. Non-Muslims were allowed to engage in certain practices that were usually forbidden by Islamic law, in point of fact, any Muslim who pours away their wine or forcibly appropriates it is liable to pay compensation. Some Islamic theologians held that Zoroastrian "self-marriages", considered incestuous under sharia, should also be tolerated. Ibn Qayyim Al-Jawziyya opined that most scholars of the Hanbali school held that non-Muslims were entitled to such practices, as long as they were not presented to sharia courts and the religious minorities in question held them to be permissible. This ruling was based on the precedent that there were no records of the Islamic prophet Muhammad forbidding such self-marriages among Zoroastrians, despite coming into contact with Zoroastrians and knowing about this practice. Religious minorities were also free to do as they wished in their own homes, provided they did not publicly engage in illicit sexual activity in ways that could threaten public morals.
There are parallels for this in Roman and Jewish law. According to law professor H. Patrick Glenn of McGill University, "oday it is said that the dhimmi are 'excluded from the specifically Muslim privileges, but on the other hand they are excluded from the specifically Muslim duties' while, 'or the rest, the Muslim and the dhimmi are equal in practically the whole of the law of property and of contracts and obligations'." Quoting the Qur'anic statement, "Let Christians judge according to what We have revealed in the Gospel", Muhammad Hamidullah writes that Islam decentralized and "communalized" law and justice. However, the classical dhimma contract is no longer enforced. Western influence over the Muslim world has been instrumental in eliminating the restrictions and protections of the dhimma contract.
The Dhimma contract and Sharia law
The dhimma contract is an integral part of traditional Islamic law. From the 9th century AD, the power to interpret and refine law in traditional Islamic societies was in the hands of the scholars. This separation of powers served to limit the range of actions available to the ruler, who could not easily decree or reinterpret law independently and expect the continued support of the community. Through succeeding centuries and empires, the balance between the ulema and the rulers shifted and reformed, but the balance of power was never decisively changed. At the beginning of the 19th century, the Industrial Revolution and the French Revolution introduced an era of European world hegemony that included the domination of most of the Muslim lands. At the end of the Second World War, the European powers found themselves too weakened to maintain their empires. The wide variety in forms of government, systems of law, attitudes toward modernity and interpretations of sharia are a result of the ensuing drives for independence and modernity in the Muslim world.Muslim states, sects, schools of thought and individuals differ as to exactly what sharia law entails. In addition, Muslim states today utilize a spectrum of legal systems. Most states have a mixed system that implements certain aspects of sharia while acknowledging the supremacy of a constitution. A few, such as Turkey, have declared themselves secular. Local and customary laws may take precedence in certain matters, as well. Islamic law is therefore polynormative, and despite several cases of regression in recent years, the trend is towards liberalization. Questions of human rights and the status of minorities cannot be generalized with regards to the Muslim world. They must instead be examined on a case-by-case basis, within specific political and cultural contexts, using perspectives drawn from the historical framework.
The end of the Dhimma contract
The status of the dhimmi "was for long accepted with resignation by the Christians and with gratitude by the Jews" but the rising power of Christendom and the radical ideas of the French Revolution caused a wave of discontent among Christian dhimmis. The continuing and growing pressure from the European powers combined with pressure from Muslim reformers gradually relaxed the inequalities between Muslims and non-Muslims.On 18 February 1856, the Ottoman Reform Edict of 1856 was issued, building upon the 1839 edict. It came about partly as a result of pressure from and the efforts of the ambassadors of France, Austria and the United Kingdom, whose respective countries were needed as allies in the Crimean War. It again proclaimed the principle of equality between Muslims and non-Muslims, and produced many specific reforms to this end. For example, the jizya tax was abolished and non-Muslims were allowed to join the army.
According to some scholars, discrimination against dhimmis did not end with the Edict of 1856, and they remained second-class citizens at least until the end of World War I. H.E.W. Young, the British Council in Mosul, wrote in 1909, "The attitude of the Muslims toward the Christians and the Jews is that of a master towards slaves, whom he treats with a certain lordly tolerance so long as they keep their place. Any sign of pretension to equality is promptly repressed."