A dhimmī (Arabic: ذمي ḏimmī IPA: [ˈðɪmmiː]), (collectively أهل الذمة ahl al-ḏimmah/dhimmah, "the people of the dhimma") is a historical[1] term referring to non-Muslim subjects of a Muslim state.[1] Dhimma allows rights of residence in return for taxes.[2] According to scholars, Dhimmis have the same social responsibilities and rights as Muslims.[3][4] They are excused or excluded from specific duties assigned to Muslims, and otherwise equal under the laws of property, contract and obligation.[5]
Under sharia law, dhimmi status was originally afforded to Jews, Christians, and Sabians. The protected religions later came to include Zoroastrians, Mandaeans, Hindus and Buddhists.[6][7] Eventually, the largest school of Islamic legal thought applied this term to all non-Muslims living in Islamic lands outside the sacred area surrounding Mecca, Saudi Arabia.[8]
As an example of the distinctions between Muslims, dhimmis, and others, sharia law permits the consumption of pork and alcohol by non-Muslims living in Islamic countries, although they may not be openly displayed.[9] These same commodities are expressly forbidden to Muslims.[10] The largest school of legal thought in Islam (i.e. the Hanafi school) does not make any distinction between a non-Muslim dhimmi and a Muslim citizen.[11]
The dhimma contract is an integral part of traditional Islamic sharia law. From the 9th century AD, the power to interpret and refine law in traditional Islamic societies was in the hands of the scholars (ulema). 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.[12] 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.[13] 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 lands of Islam.[14][15] At the end of the Second World War, the European powers found themselves too weakened to maintain their empires.[16] The wide variety of 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.[17][18]
Muslim states, sects, schools of thought and individuals differ as to exactly what sharia law entails.[19] In addition, Muslim states today utilize a spectrum of legal systems. Most states have a mixed system implementing certain aspects of sharia while acknowledging constitutional supremacy. A few, such as Turkey, have declared themselves secular.[20] Local and customary laws may take precedence in certain matters, as well.[21] Islamic law is therefore polynormative,[22] and despite several cases of regression in recent years, the trend is towards modernization and liberalization.[23] Questions of human rights and the status of minorities cannot be generalized with regards to Islam and 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.[24]
- Allameh Tabatabaei, a prominent 20th century Shia scholar, commenting on a hadith that claims that the verse 9:29 has "abrogated" other verses asking for good behaviour toward dhimmis, states that "abrogation" could be understood either in its terminological sense or its literal sense. If "abrogation" is understood in its terminological sense, Muslims should deal with dhimmis strictly in a good and decent manner.[25]
- The Shia jurist Grand Ayatollah Makarem Shirazi states in the selection of the Tafsir Nemooneh that the main philosophy of jizya is that it is only a financial aid to those Muslims who are in the charge of safeguarding the security of the state and Dhimmis' lives and properties on their behalf[26]
- Legal scholar L. Ali Khan points to the Constitution of Medina as a way forward for Islamic states in his 2006 paper titled The Medina Constitution. He suggests this ancient document, which governed the status of religions and races in the first Islamic state, can serve as a basis for the protection of minority rights, equality, and religious freedom in the modern Islamic state.[27][28]
- Tariq Ramadan, Professor of Islamic Studies at Oxford University, advocates the inclusion of academic disciplines and Islamic society, along with traditional Islamic scholars, in an effort to reform Islamic law and address modern conditions. He speaks of remaining faithful to the higher objectives of sharia law. He posits universal rights of dignity, welfare, freedom, equality and justice in a religiously and culturally pluralistic Islamic (or other) society, and proposes a dialog regarding the modern term "citizenship," although it has no clear precedent in classical fiqh. He further includes the terms "non-citizen", "foreigner", "resident" and "immigrant" in this dialog, and challenges not only Islam, but modern civilization as a whole, to come to terms with these concepts in a meaningful way with regards to problems of racism, discrimination and oppression.[29]
The dhimmi communities had their own chiefs and judges, with their own family, personal and religious laws,[30] and "generally speaking, Muslim tolerance of unbelievers was far better than anything available in Christendom, until the rise of secularism in the 17th century".[31]
From an Islamic legal perspective, the pledge of protection granted dhimmis the freedom to practice their religion and spared them forced conversions. The dhimmis were also serving a variety of useful purposes, mostly economic, which was another point of concern to jurists.[32] Religious minorities were free to do whatever they wished in their own homes, provided they did not engage in illicit sexual activity in ways that could threaten public morals.[33] In some cases, religious practices that Muslims found repugnant were allowed. One example was the Zoroastrian practice of incestuous "self-marriage" where a man could marry his mother, sister or daughter. According to the famous Islamic legal scholar Ibn Qayyim (1292–1350), non-Muslims had the right to engage in such religious practices even if it offended Muslims, under the conditions that such cases not be presented to Islamic Sharia courts and that these religious minorities believed that the practice in question is permissible according to their religion. This ruling was based on the precedent that the prophet Muhammad did not forbid such self-marriages among Zoroastrians despite coming in contact with them and having knowledge of their practices.[34]
The Arabs generally established garrisons outside towns in the conquered territories, and had little interaction with the local dhimmi populations for purposes other than the collection of taxes. The conquered Christian, Jewish, Mazdean and Buddhist communities were otherwise left to lead their lives as before.[35]
The Arab conquerors included Christian as well as Muslim tribes. The Christian Arabs were regarded as fellow Arabs rather than dhimmis.
Local Christians in Syria, Iraq, and Egypt were non-Chalcedonians and many may have felt better off under early Muslim rule than under that of the orthodox Greeks of Constantinople.[36]
In 1095 AD, Pope Urban II urged western European Christians to come to the aid of the Christians of Palestine. The subsequent Crusades brought Roman Catholic Christians into contact with Orthodox Christians whose beliefs they discovered to differ from their own perhaps more than they had realised, and whose position under the rule of the Muslim Fatimid dynasty was less uncomfortable than had been supposed. Consequently, the Eastern Christians provided perhaps less support to the Crusaders than had been expected.[37] When the Arab East came under Ottoman rule in the 16th century AD, Christian populations and fortunes rebounded significantly. The Ottomans had long experience dealing with Christian and Jewish minorities, and were more tolerant towards religious minorities than the former Muslim rulers, the Mamluks of Egypt.[38] By the 19th century AD European pressure had removed all dhimma restrictions on Ottoman religious minorities.
Accustomed to survival in adverse circumstances after many centuries of discrimination and persecution within the Roman Empire, both pre-Christian and Christian, Jews saw the Islamic conquests as just another change of rulers, this time for the better.
María Rosa Menocal, argues that the Jewish dhimmis living under the Caliphate, while allowed fewer rights than Muslims, were still better off than in the Christian parts of Europe. Jews from other parts of Europe made their way to al-Andalus, where in parallel to Christian sects regarded as heretical by Catholic Europe, they were not just tolerated, but where opportunities to practise faith and trade were open without restriction save for the prohibitions on proselytisation.[39]
Bernard Lewis states:
Generally, the Jewish people were allowed to practice their religion and live according to the laws and scriptures of their community. Furthermore, the restrictions to which they were subject were social and symbolic rather than tangible and practical in character. That is to say, these regulations served to define the relationship between the two communities, and not to oppress the Jewish population.[40]
Professor of Jewish medieval history at Hebrew University, Haim Hillel Ben-Sasson, notes:
The legal and security situation of the Jews in the Muslim world was generally better than in Christendom, because in the former, Jews were not the sole "infidels", because in comparison to the Christians, Jews were less dangerous and more loyal to the Muslim regime, and because the rapidity and the territorial scope of the Muslim conquests imposed upon them a reduction in persecution and a granting of better possibility for the survival of members of other faiths in their lands.[41]
According to the French historian Claude Cahen, Islam has "shown more toleration than Europe towards the Jews who remained in Muslim lands." [42]
Comparing the treatment of Jews in the medieval Islamic world and medieval Christian Europe, Mark R. Cohen notes that, in contrast to Jews in Christian Europe, the "Jews in Islam were well integrated into the economic life of the larger society",[43] and that, they were allowed to practice their religion more freely than they could do in Christian Europe.[43]
According to the scholar Mordechai Zaken, tribal chieftains (also known as aghas) in tribal Muslim societies such as the Kurdish society in Kurdistan would tax their Jewish subjects. The Jews were in fact civilians protected by their chieftains in and around their communities; in return they paid part of their harvest as dues, and contributed their skills and services to their patron chieftain.[44]
By the 10th century, the Turks of Central Asia had brought Islam to the mountains north of the Indic plains.[45] It was not long before they swept south across the Punjab. The Indus basin held a substantial Buddhist population in addition to the ruling Hindu castes, and most converted to Islam over the next two centuries. At the end of the 12th century, the Muslims advanced quickly into the Ganges plain.[46] In one decade, a Muslim army led by Turkic slaves consolidated resistance around Lahore and brought northern India, as far as west Bengal, under Muslim rule.[47] From these Turkic slaves would come sultans, including the founder of the sultanate of Delhi. Muslims and dhimmis alike participated in urbanization and urban prosperity.[48]
By the 15th century, Islamic and Hindu civilization had evolved in a complementary manner, with the Muslims taking the role of a ruling caste in Hindu society. Nevertheless, the Muslims retained their Islamic identities, and were in some ways regarded by Hindus in much the same light as their own lowest castes.[49]
In the 16th century AD, India came under the influence of the Mughals (Mongols). Babar, a ruler of the Mongol Timuri empire, established a foothold in the North which paved the way for further expansion by his successors.[50] Until it was eclipsed by European hegemony in the 18th century, the Timuri Moghul emperors oversaw a period of coexistence and tolerance between Hindus and Muslims. The emperor Akbar has been described as a universalist. He sought to establish tolerance and equality between all communities and religions, and instituted far reaching social and religious reforms.[51] Not all the Mughal emperors endorsed the ideals espoused by Akbar, indeed Aurangzeb was inclined towards a more traditional, communal approach.[52]
The entire subcontinent fell under European colonial rule during the 18th century.[53] Independence from their former European colonial rulers, and the subsequent struggles for political power, have brought ethnic and religious strife to this area of the world in modern times.[54]
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.[55] The continuing and growing pressure from the European powers combined with pressure from Muslim reformers gradually relaxed the inequalities between Muslims and non-Muslims.[56]
The collection of the jizya tax from non-Muslims was widespread throughout the history of Islam. In the mid-19th century, the Ottoman empire significantly relaxed the restrictions and taxes placed on its non-Muslim residents under Ottomanism. These relaxations occurred gradually as part of the Tanzimat reform movement, which began in 1839 with the accession of the Ottoman Sultan Abd-ul-Mejid I.
On November 3, 1839, the Hatt-i Sharif of Gulhane edict was put forth by the Sultan, in part proclaiming the principle of equality among all subjects regardless of religion. Part of the motivation for this was a desire to gain support from the British Empire, whose help was needed in a conflict with Egypt.
On February 18, 1856, the Hatt-i Humayan edict was issued, building upon the 1839 edict. It came about partly as a result of pressure from and the efforts of the ambassadors of England, France, and Austria, 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.[57][58]
Lewis states
- The phrase "…there is no compulsion in religion…", from [Quran 2:256], has usually been interpreted in the Islamic legal and theological traditions to mean followers of other religions should not be forced to adopt Islam.[59]
- The phrase "…To you your religion, to me my religion…", from [Quran 109:6], has been used as a "proof-text for pluralism and coexistence".[59]
- Verse [Quran 2:62] has served to justify the tolerated position accorded to the followers of Christianity, Judaism, and Sabianism under Muslim rule.[59]
A hadith by Muhammad, "Whoever killed a Mu'ahid (a person who is granted the pledge of protection by the Muslims) shall not smell the fragrance of Paradise though its fragrance can be smelt at a distance of forty years (of traveling)",[60] is considered to be a foundation for the protection of the People of the Book in Muslim ruled countries.[61]
Majid Khadduri cites a similar hadith in regard to the status of the dhimmis: "Whoever wrongs one with whom a compact(treaty) has been made [i.e., a dhimmi] and lays on him a burden beyond his strength, I will be his accuser."[62]
A precedent for the dhimma contract was established with the agreement between the Islamic prophet Muhammad and the Jews of Khaybar, an oasis near Medina. Khaybar was the first territory attacked and conquered by Muslims. When the Jews of Khaybar surrendered to Muhammad after a siege, Muhammad allowed them to remain in Khaybar in return for handing over to the Muslims one half their annual produce.[63]
After Mecca was brought under Islamic rule, deputations from tribes across Arabia came to make terms with Muhammad and the Muslims. The Constitution of Medina, a formal agreement between Muhammad and all of the significant tribes and families of Medina (including Muslims, Jews and pagans), declared that non-Muslims in the Ummah had the following rights:[64]
- The security (dhimma) of God is equal for all groups,[65]
- Non-Muslim members have equal political and cultural rights as Muslims. They will have autonomy and freedom of religion.[66]
- Non-Muslims will take up arms against the enemy of the Ummah and share the cost of war. There is to be no treachery between the two.[67]
- Non-Muslims will not be obliged to take part in religious wars of the Muslims.[68]
The Pact of Umar, believed by many Muslims to be between caliph Umar I and the conquered Christians of Jerusalem, was another source of regulations pertaining to dhimmis. However, Western orientalists doubt the authenticity of the Pact, arguing it is usually the victors and not the vanquished who impose rather than propose, the terms of peace, and that it is highly unlikely that the people who spoke no Arabic and knew nothing of Islam could draft such a document. Academic historians believe the Pact of Umar in the form it is known today was a product of later jurists who attributed it to the venerated caliph Umar I in order to lend greater authority to their own opinions. The similarities between the Pact of Umar and the Theodosian and Justinian Codes of the Eastern Roman Empire suggest that perhaps much of the Pact of Umar was borrowed from these earlier codes by later Islamic jurists. At least some of the clauses of the pact mirror the measures first introduced by the Umayyad caliph Umar II or by the early Abbasid caliphs.[69]
Jews and Christians living under early Muslim rule were considered dhimmis, a status that was later also extended to other non-Muslims like Hindus. They were allowed to "practice their religion, subject to certain conditions, and to enjoy a measure of communal autonomy" and guaranteed their personal safety and security of property, in return for paying tribute and acknowledging Muslim rule.[70] Taxation from the perspective of dhimmis who came under the Muslim rule, was "a concrete continuation of the taxes paid to earlier regimes"[71] (but lower under the Muslim rule[72][73]). They were also exempted from the zakaat tax paid by Muslims. However, there were a number of restrictions on dhimmis.
Although dhimmis were allowed to perform their religious rituals, they were obliged to do so in a manner not conspicuous to Muslims. Display of non-Muslim religious symbols, such as crosses or icons, was prohibited on buildings and on clothing (unless mandated as part of distinctive clothing). Loud prayers were forbidden, as were the ringing of church bells or the trumpeting of shofars.[74] Also, Dhimmis were forbidden to ride horses or camels; they were only allowed to ride donkeys and only on packsaddles, a prohibition that has its roots in the Pact of Umar.[citation needed] In the Mamluk Egypt, where non-Mamluk Muslims were not allowed to ride horses and camels, dhimmis were prohibited even from riding donkeys inside cities.[75] Sometimes, Muslim rulers issued regulations requiring dhimmis to attach distinctive signs to their houses.[76]
Most of the restrictions were social and symbolic in nature,[77] and a pattern of stricter, then more lax, enforcement developed over time.[78] The major financial disabilities of the dhimmi were the jizya poll tax and the fact dhimmis and Muslims could not inherit each from other.[77] The jurists and scholars of Islamic sharia law called for humane treatment of the dhimmis.[79]
Payment of the jizya obligated Muslim authorities to protect dhimmis in civil and military matters. Sura 9:29 stipulates that jizya be exacted from non-Muslims as a condition required for jihad to cease. Failure to pay the jizya could result in the pledge of protection of a dhimmi's life and property becoming void, with the dhimmi facing the alternatives of conversion, enslavement or death (or imprisonment, as advocated by Abu Yusuf, the chief qadi — religious judge — of Abbasid caliph Harun al-Rashid).[80]
Taxation, from the perspective of dhimmis who came under Muslim rule, was "a concrete continuation of the taxes paid to earlier regimes".[71] Lewis observes that the change from Byzantine to Arab rule was welcomed by many among the Dhimmis who found the new yoke far lighter than the old, both in taxation and in other matters, and that some even among the Christians of Syria and Egypt preferred the rule of Islam to that of Byzantines.[73]
The importance of dhimmis as a source of revenue for the Muslim community is illuminated in a letter ascribed to Umar I and cited by Abu Yusuf: "if we take dhimmis and share them out, what will be left for the Muslims who come after us? By God, Muslims would not find a man to talk to and profit from his labors."[81]
Most Islamic scholars agree that jizya must be levied only upon adult males. In an important early account, Malik's Muwatta reports that the jizya was collected from non-Muslim men only, and additional taxes were to be levied against dhimmis who travelled on business:
"The Sunnah is that there is no jizya due from women or children of people of the Book, and that jizya is only taken from men who have reached puberty. The people of dhimma ... do not have to pay any zakat ... This is because zakat is imposed on the Muslims to purify them and to be given back to their poor, whereas jizya is imposed on the people of the Book to humble them." (Al-Muwatta, 17 24.46)
Lewis notes there are varying opinions among scholars as to how much of a burden jizya was.[80] According to Norman Stillman: "Jizya and kharaj were a crushing burden for the non-Muslim peasantry who eked out a bare living in a subsistence economy."[82] Both agree that ultimately, the additional taxation on non-Muslims was a critical factor that drove many dhimmis to leave their religion and accept Islam.[83] However, in some regions the jizya on populations was significantly lower than the zakat, meaning dhimmi populations maintained an economic advantage.[84]
The early Islamic scholars took a relatively humane and practical attitude towards the collection of jizya, compared to the 11th century commentators writing when Islam was under threat both at home and abroad.[85]
The jurist Abu Yusuf, the chief judge of the Caliph Harun Al-Rashid, rules as follows regarding the manner of collecting the jizya [86]
No one of the people of the dhimma should be beaten in order to exact payment of the jizya, nor made to stand in the hot sun, nor should hateful things be inflicted upon their bodies, or anything of that sort. Rather they should be treated with leniency.
In the border provinces, dhimmis were sometimes recruited for military operations. In such cases, they were exempted from jizya for the year of service.[87]
Religious pluralism existed in medieval Islamic law and ethics. The religious laws and courts of other religions, including Christianity, Judaism and Hinduism, were usually accommodated within the Islamic legal framework, as exemplified in the Caliphate, Al-Andalus, Ottoman Empire and Indian subcontinent.[88][89] In medieval Islamic societies, the qadi (Islamic judges) usually could not interfere in the matters of non-Muslims unless the parties voluntarily chose to be judged according to Islamic law. The dhimmi communities living in Islamic states usually had their own laws independent from the Sharia law, such as the Jews who had their own Halakha courts.[90]
Dhimmis were allowed to operate their own courts following their own legal systems. However, dhimmis frequently attended the Muslim courts in order to record property and business transactions within their own communities. Cases were taken out against Muslims, against other dhimmis and even against members of the dhimmi’s own family. Dhimmis often took cases relating to marriage, divorce or inheritance to the Muslim courts so these cases would be decided under sharia law. Oaths sworn by dhimmis in the Muslim courts were sometimes the same as the oaths taken by Muslims, sometimes tailored to the dhimmis’ beliefs.[91]
Islamic law and custom prohibited the enslavement of free dhimmis within lands under Islamic rule.[92]
Muslim men could generally marry dhimmi women who are considered "People of the Book," however Islamic jurists rejected the possibility any non-Muslim man might marry a Muslim woman.[93] Bernard Lewis notes that "similar position existed under the laws of Byzantine Empire, according to which a Christian could marry a Jewish woman, but a Jew could not marry a Christian woman under pain of death".[30]
During the Middle Ages, local associations known as futuwwa clubs developed across the Islamic lands. There were usually several futuwwah in each town. These clubs catered to varying interests, primarily sports, and might involve distinctive manners of dress and custom. They were known for their hospitality, idealism and loyalty. They often had a militaristic aspect, purportedly for the mutual protection of the membership. These clubs commonly crossed social strata, including among their membership local notables, dhimmi and slaves – to the exclusion of those associated with the local ruler, or amir.[94]
Muslims and Jews were sometimes partners in trade, with the Muslim taking days off on Fridays and the Jew taking off on the Sabbath.[95]
Andrew Wheatcroft describes how some social customs such as different conceptions of dirt and cleanliness made it difficult for the religious communities to live close to each other, either under Muslim or under Christian rule.[96]
- ^ a b Juan Eduardo Campo, ed. (2010-05-12). "dhimmi". Encyclopedia of Islam. Infobase Publishing. pp. 194-195. ""Dhimmis are non-Muslims who live within Islamdom and have a regualted and protected status... In the modern period, this term has generally has occasionally been resuscitated, but it is generally obsolete.""
- ^ H. Patrick Glenn, Legal Traditions of the World. Oxford University Press, 2007, pg. 218–219.
- ^ http://askamufti.com/Answers/ViewQuestion.aspx?QuestionId=1963&CategoryId=36&CategoryName=Faith and Beliefs (احكام الايمان والعقاىْد)
- ^ http://www.onislam.net/english/shariah/contemporary-issues/islamic-themes/432406.html
- ^ H. Patrick Glenn, Legal Traditions of the World. Oxford University Press, 2007, pg. 219.
- ^ The Chach Nama English translation by Mirza Kalichbeg Fredunbeg. Delhi Reprint, 1979.
- ^ Annemarie Schimmel (2004), p.107, "The conqueror Muhammad Ibn Al Qasem gave both Hindus and Buddhists the same status as the Christians, Jews and Sabaeans the Middle East". They were all "dhimmi" ('protected people')"
- ^ al-Misri, Ahmad ibn Naqib. Reliance of the Traveler (edited and translated by Nuh Ha Mim Keller), pg 603. Amana Publications, 1994. ISBN 0-915957-72-8
- ^ al-Misri, Ahmad ibn Naqib. Reliance of the Traveler (edited and translated by Nuh Ha Mim Keller), pg 608. Amana Publications, 1994. ISBN 0-915957-72-8
- ^ al-Misri, Ahmad ibn Naqib. Reliance of the Traveler (edited and translated by Nuh Ha Mim Keller), pg 977, pg 986. Amana Publications, 1994. ISBN 0-915957-72-8
- ^ http://worldmuslimcongress.blogspot.com/2008/03/islam-and-co-existence.html
- ^ Basim Musallam, The Cambridge Illustrated History of the Islamic World edited by Francis Robinson. Cambridge University Press, 1996, pg. 176.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 3. The University of Chicago, 1961, pp. 105–108.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 3. The University of Chicago, 1961, pp. 176–177.
- ^ Sarah Ansari, The Cambridge Illustrated History of the Islamic World edited by Francis Robinson. Cambridge University Press, 1996, pg. 90.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 3. The University of Chicago, 1961, pp. 366–367.
- ^ Sarah Ansari, The Cambridge Illustrated History of the Islamic World edited by Francis Robinson. Cambridge University Press, 1996, pp. 103–111.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 3. The University of Chicago, 1961, pp. 384–386.
- ^ Otto, Jan Michiel. Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy . Amsterdam University Press, 2008, p. 7.
- ^ Otto, Jan Michiel. Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy . Amsterdam University Press, 2008, pp. 8–9.
- ^ Otto, Jan Michiel. Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy . Amsterdam University Press, 2008, p. 29.
- ^ Otto, Jan Michiel. Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy . Amsterdam University Press, 2008, p. 10.
- ^ Otto, Jan Michiel. Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy . Amsterdam University Press, 2008, p. 18.
- ^ Otto, Jan Michiel. Sharia and National Law in Muslim Countries: Tensions and Opportunities for Dutch and EU Foreign Policy . Amsterdam University Press, 2008, pp. 37–39.
- ^ Tafsir al-Mizan on verses 2:83–88, Allameh Tabatabaei
- ^ Selection of Tafsir Nemooneh[dead link], Grand Ayatollah Makarim Shirazi, p. 10, volume 2, on verse 9:29
- ^ Khan, Ali, Commentary on the Constitution of Medina in Understanding Islamic Law: From Classical to Contemporary, Edited by Aminah Beverly McCloud and Hisham Ramadan, Alta Mira Press, 2006, pp. 205–208.
- ^ Paper available at SSRN, click to download: http://ssrn.com/abstract=945458
- ^ Ramadan, Tariq, Radical Reform: Islamic Ethics and Liberation, Oxford University Press, 2009, pp. 268–271.
- ^ a b Lewis (1984), p. 27
- ^ Bernard Lewis and Buntzie Ellis Churchill, Islam: The Religion and the People, Wharton School Publishing, 2008, pp. 146
- ^ Lewis (1984)
- ^ Sherman A. Jackson (2005). Islam and the Blackamerican: looking toward the third resurrection. Oxford University Press. p. 145. ISBN 0-19-518081-X. http://books.google.com/?id=nprKYM8sleYC&pg=PA144&dq=ankiha+fasida#v=onepage&q. Retrieved 2010-04-10
- ^ Sherman A. Jackson (2005). Islam and the Blackamerican: looking toward the third resurrection. Oxford University Press. p. 144. ISBN 0-19-518081-X. http://books.google.com/?id=nprKYM8sleYC&pg=PA144&dq=ankiha+fasida#v=onepage&q. Retrieved 2010-04-10
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 1. The University of Chicago, 1958, pp. 227–229.
- ^ Lewis (1984), pp. 17–18; Stillman (1979), p. 27
- ^ Courbage and Fargues (1995), pp. 44–46
- ^ Courbage and Fargues (1995), pp. 57–58
- ^ The Ornament of the World by María Rosa Menocal
- ^ Lewis, Bernard W (1984). The Jews of Islam
- ^ Ben-Sasson, Haim Hillel (1969). On Jewish History in the Middle Ages. Tel Aviv. p. 36. Quoted in Mark R. Cohen's "Under Crescent and Cross: The Jews in the Middle Ages", Princeton University Press. (1995) p. xvii-xviii (Cohen's translation).
- ^ Cahen, Claude. "Dhimma". In P.J. Bearman, Th. Bianquis, C.E. Bosworth, E. van Donzel. W.P. Heinrichs, B. Lewis, Ch. Pellat, J. Schacht, J. Burton-Page, C. Dumont and V.L. Ménage. Encyclopaedia of Islam. Leiden, Netherlands: Brill Academic Publishers. pp. 227–231. ISBN 90-04-07026-5.
- ^ a b Cohen, Mark (1995). Under Crescent and Cross: The Jews in the Middle Ages. Princeton University Press. ISBN 0-691-01082-X.
- ^ Mordechai Zaken,"Jewish Subjects and their tribal chieftains in Kurdistan: A Study in Survival", Brill: Leiden and Boston, 2007.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 2. The University of Chicago, 1961, pg. 275.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 2. The University of Chicago, 1961, pg. 276.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 2. The University of Chicago, 1961, pg. 278.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 2. The University of Chicago, 1961, pg. 279.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 2. The University of Chicago, 1961, pp. 555–556.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 3. The University of Chicago, 1961, pp. 24–25.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 3. The University of Chicago, 1961, pp. 65–67.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 3. The University of Chicago, 1961, pg. 60.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 3. The University of Chicago, 1958, pg. 333.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 3. The University of Chicago, 1958, pp. 352–356.
- ^ Lewis (1984) p. 62
- ^ Lewis 1984 summary of pp. 62–66. See p. 62 (second paragraph), p. 65 (third paragraph)
- ^ Lapidus (1988), p. 599
- ^ Lapidus (2002), p. 495
- ^ a b c Lewis (1984) p. 13
- ^ Sahih al-Bukhari, 9:83:49
- ^ Rights of Non-Muslims Under Islamic Governance
- ^ Majid Khadduri: War and Peace in the Law of Islam, p.175
- ^ Lewis (1984), pp. 10-11
- ^ Ahmed (1979), pp. 46–7
- ^ Article 15, as quoted in Ahmed (1979), pp. 46–7
- ^ Article 25, as quoted in Ahmed (1979), pp. 46–7
- ^ Article 37, as quoted in Ahmed (1979), pp. 46–7
- ^ Article 45, as quoted in Ahmed (1979), pp. 46–7
- ^ Lewis (1984), pp. 24–25
- ^ Lewis (1984), pp. 10, 20
- ^ a b Cl. Cahen in Encyclopedia of Islam, Jizya article
- ^ Lewis 1984 p.18
- ^ a b Lewis (2002) p.57
- ^ Karsh 29.
- ^ Stillman (1979), p. 471
- ^ Al-Tabari, Ta'rikh al-Rusul wa 'l-Muluk, translated in Stillman (1979), p. 167
- ^ a b Lewis (1984), p. 26
- ^ Lewis (1984) pp. 49–51
- ^ Lewis (1984), p. 16
- ^ a b Lewis (1984), pp. 14–15
- ^ Lewis (1984), pp. 30–31
- ^ Stillman (1979), p. 28
- ^ Lewis (1984), p. 17–18; Stillman (1979), p. 18
- ^ Klorman, 2007 p. 94
- ^ Lewis (1984) p. 15
- ^ Lewis (1984), p. 15
- ^ "Djizya (i)", Encyclopaedia of Islam Online
- ^ Weeramantry, Judge Christopher G. (1997). Justice Without Frontiers: Furthering Human Rights. Brill Publishers. p. 138. ISBN 90-411-0241-8
- ^ Sachedina, Abdulaziz Abdulhussein (2001). The Islamic Roots of Democratic Pluralism. Oxford University Press. ISBN 0-19-513991-7
- ^ Mark R. Cohen (1995). Under Crescent and Cross: The Jews in the Middle Ages. Princeton University Press. p. 74. ISBN 0-691-01082-X. http://books.google.com/?id=fgbib5exskUC&printsec=frontcover&dq=cohen+Under+Crescent+and+Cross&q. Retrieved 2010-04-10
- ^ al-Qattan (1999)
- ^ Lewis (2002), p.92
- ^ Al-Mawardi (2000), p. 161; Friedmann (2003), p. 161; Lewis (1984), p. 27
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 2. The University of Chicago, 1961, pp. 126–127.
- ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 1. The University of Chicago, 1961, pg. 302.
- ^ Wheatcroft (2003) p. 73
- Ahmad, Barakat (1979). Muhammad and the Jews. Vikas Publishing House.
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- Eraqi-Klorman, Bat-Zion; Reeva Spector Simon (Ed.), Michael Menachem Laskier (Ed.), Sara Reguer (Ed.) (2003). The Jews of the Middle East and North Africa in Modern Times. Columbia, NY: Columbia University Press. ISBN 0-231-10796-X.
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