57.1. CHAPTER COVENANT WITH THE DHIMMI
Covenants should be made with only the Majus, the People of the Book and those who follow them. It should only be initiated by the imam or his deputy.
“Chapter: Covenant with the Dhimmi people and its Regulations”: As the author discussed jizyah i.e., tax imposed on the wealth of the People of the Book and the Majus (the dhimmis) in return for their safety and their residence in Muslim lands under the rule of Muslims earlier, he wants to elaborate now on who these dhimmi people are. Al-dhimmah means covenant. (See al-Qamus al-Muhit (p. 1434)) Those with whom you made a covenant fall under your charge and responsibility.
“Covenant should be made with only the Majus, the People of the Book and those who follow them”: The most popular view held by the scholars (See al-Mughni (13/203).) is that a covenant is to be made with only three groups of people: al-Majus (fire worshippers) and the People of the Book (Jews and the Christians). Those who share the beliefs of these two groups of people fall into their category as well, even though they might not be a native of that belief. Those who are not Majus but have similar beliefs of the Majus, those who are not Jews but have similar beliefs of the Jews and those who are not Christians but have similar beliefs with the Christians— such as the Christian Arabs and Jews— are all eligible for the covenant with the Muslims and jizyah can be collected from them. This is because the essential matter is the religion held by these people and not their ethnic origin.
“It should only be initiated by the imam or his deputy”: To make a covenant with these three groups of people is the sole purview of the imam. It is not for the laity to meddle in these affairs.
The imam’s deputy may also make the covenant with the dhimmis. The deputies that he nominates as governors of Muslim lands or those he appoints as commanders in jihad may make covenants with the dhimmis provided that the imam gave his consent to do so.
There is no jizyah imposed upon a child, woman, slave nor a needy person who cannot afford to pay it. It is to be collected from the eligible people at the end of the year.
“There is no jizyah imposed upon a child”: Jizyah is collected from only those who can afford to pay it. This illustrates that Islam is fair and just. Jizyah is not collected from the child who has not attained puberty as he cannot afford to pay it.
“Woman”: Due to her weakness. Furthermore, she is not a soldier who fights in the wars.
“Slave”: As the slave does not possess anything for, he is being supported by his master.
“Needy person”: He does not possess any money and so the jizyah cannot be collected from him.
“It is to be collected from the eligible people at the end of the year”: One’s status at the beginning of the year should not be taken into consideration. One might be considered a child in the beginning of the year and then attain puberty later, one may be poor but may become rich before the end of the year or could be a slave and then free later on. Hence, jizyah is collected from people based on their status at the end of the year, not at the beginning of it.
When the obligation is due on them, it should be accepted from them and they should not be fought.
“When the obligation is due on them”: I.e. the payment of jizyah and al-saghar. {Until they give the jizyah willingly while they are humbled.} (Al-Tawbah: 29)
“It should be accepted from them and they should not be fought”: It is obligatory for jizyah to be accepted from them and waging war against them is prohibited.
Al-saghar refers to the dhimmis who submit to the injunctions of Islam and abide by the laws of the Islamic state. Allah commands the Muslims to fight them until the following condition is met: {Until they give the jizyah willingly while they are humbled.} If they pay the jizyah and accept al-saghar, then it is obligatory upon the Muslims to accept their payment and they must refrain from fighting the dhimmis as they have paid in return for their safety. Waging war against those who have paid jizyah is forbidden for Muslims. The dhimmis have rights that equal that of the rights of Muslims. The Prophet(pbuh) said, “Whoever kills a mu’ahad (one who has made a covenant with the Muslims) who has the protection of Allah and the protection of his Messenger, will not smell the fragrance of Paradise.” (Reported by al-Tirmidhi (1403) and Ibn Majah (2687) from the narration of Abu Hurairah. This hadith has also been reported by Ahmad (5/36, 52) and al-Nasa’i (8/25) from the narration o f Abu Bakrah.)
They should be in a state of humility when it is taken from them and they are made to stand for a long time while waiting to pay it. It is then taken from them.
The following is an explanation of al-saghar, {Until they give the jizyah willingly while they are humbled.} (Al-Tawbah: 29)
“They should be in a state of humility when it is taken from them”: The dhimmis should hand the payment in personally whilst in a state of humility. They are not to send their servants for its payment nor should they appoint someone else to make the payment on their behalf.
“They are made to stand for a long time while waiting to pay it”: They are not allowed to make the payment as soon as they arrive. Instead, they are made to wait a long while to do so. This is to humble them.
“It is then taken from them”: It is not taken from them in a gentle or pleasant manner. Instead it is taken from them in a manner that rebukes them for having disbelieved in Allah and for belying the Messenger of Allah. If these conditions are met, the jizyah is accepted from them […].
These conditions are in accordance to the ayah: {Until they give the jizyah willingly whilst they are humbled.} This is because the asl is that they are to be fought for they disbelieved in Allah and His Messenger and remained unrepentant. The People of the Book know Muhammad is the Messenger of Allah. They know that the Qur’an is the word of Allah. When they obstinately remained in disbelief and refused to follow Muhammad(pbuh), Allah lowered them with these conditions. They had denied and remained obstinate even after they had knowledge and understanding. Therefore, Allah punished them with this punishment in this world. That which is with Allah in the form of punishment in the Hereafter is much worse. They had disbelieved in Allah, the Messenger of Allah and the books of Allah. They defied the teachings found in these books whilst they were well aware that these teachings were the truth. These people are just a few from the large number that deserve punishment. The payment of jizyah makes manifest the high-esteem of Islam and its lofty status juxtaposed with the disgrace and humiliation of disbelief and those who follow it.
This approach is not a shortcoming in Islam. In fact, it is a sign of the strength of Islam and shame upon the enemies of Islam. This reveals great wisdom as they knew the truth but rejected it. They are some of those who deserve punishment in this world and the Hereafter. These conditions may motivate them towards accepting the truth if they so desire, such that they regain their self-esteem and remove themselves from this. They return to the truth that they used to deny and believe in Allah and His Messenger. They refrain from that which Allah and His Messenger has forbidden and practice the din of truth until they are free of these conditions.
This treatment is a lighter punishment as compared to fighting them. Other disbelievers are fought whereas they are only expected to follow these conditions. This is to allow for self-retrospection so that they will accept the truth that they know yet deny. Thereafter, their dignity returns. It returns when they obey Allah and His Messenger. There are those who claim that, “Verily, this method is tyrannical upon the dhimmis and they have to sacrifice the money paid as jizyah.” Our response is that they are the tyrants for they disbelieve in Allah and reject His commands. The conditions imposed upon them are fair and just. It is a form of punishment for their disbelief and obstinacy.
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