Jizyah tax and Islamic Law

Under Islamic law, jizya or jizyah is a per capita tax levied on a section of an Islamic state’s non-Muslim citizens, who meet certain criteria. From the point of view of the Muslim rulers, jizya was a material proof of the non-Muslims’ acceptance of subjection to the state and its laws, “just as for the inhabitants it was a concrete continuation of the taxes paid to earlier regimes.”

In return, non-Muslim citizens were permitted to practice their faith, to enjoy a measure of communal autonomy, to be entitled to Muslim state’s protection from outside aggression, to be exempted from military service and the Zakat as obligatory upon Muslim citizens.

In some Islamic regions this controversial tax is being charged from Non-Muslims regardless of their military service contribution in their Islamic states.

The Arabic term jizya appears in verse Qur’an 9:29 but the Qur’an does not specify jizya as a tax per head. According to Paul Heck, the jizya taxation seems to be a developed form of the Sassanian practice of taxation.

There were two main legal rationales for jizya: the Communalist and Universalist. The former believed that jizya was a fee in exchange for the dhimma (permission to practice one’s faith, enjoy communal autonomy, and to be entitled to Muslim protection from outside aggression). The latter, however, assumed that such rights were every person’s birthright (Muslim or non-Muslim), and the imposition of jizya on non-Muslims similar to the imposition of Zakat (one of the Five Pillars of Islam, an obligatory wealth tax paid on certain assets which are not used productively for a period of a year) on Muslims.

Islamic Shake Down

In return for the tax, those who paid the jizya were permitted to keep their non-Muslim religion. Their economic and political security was guaranteed (dhimma) by the Islamic state.[

Refusal to pay the jizya tax resulted in warfare until the Islamic rule was accepted. The change from Byzantine and Persian rule to Arab rule lowered taxes and created greater religious freedom, and was welcomed by some Jews and Christians. Nevertheless, taxation was a concern for non-Muslims who were paying a higher tax than the zakat tax paid by Muslims. It was also an important factor persuading many dhimmis to convert to Islam, though during the first century after the Arab conquest of Syria and Palestine conversion to Islam was not encouraged “partly because the jizyah constituted an important source of state revenue”.

This usually meant he non-Muslim was never allowed to stop paying the tax.

According to Abu Yusuf, jurist of Harun al-Rashid, those who didn’t pay jizya should be imprisoned not to be let out of custody until payment. It is not permissible to exempt one person, while obliging another to pay jizya, nor is jizya to be reduced.

The Sikh minority community was forced to pay Jizya to live safely in Taliban controlled regions of Pakistan even though Sikhs serve in Pakistani army. The militants had said the Sikhs should pay jizia in accordance with Shariah or Islamic law. It means non-Muslims must pay jizya if they want to live safely in area governed under Sharia laws regardless of their military contribution for the said Islamic countries/states.

Islamic Intolerance

On September 28, 2009, Pakistan Islamists attacked the home of a Christian family in Murree, a town near the Pakistan capital of Islamabad, for refusing to convert to Islam.

“Rafiq Mashi Bhatti and his family had lived in peace and harmony with their Muslim neighbors for years. However, in the past few months, they received anonymous phone calls and letters warning them to convert to Islam, leave their home or die,” said an International Christian Concern (ICC) spokesperson.

ICC, which is based in Washington, DC, stated that the threatening letters were inscribed with verses from the Qur’an, including Sura 5: 51 which reads, “O ye who believe! take not the Jews and the Christians for your friends…”

In one of the letters, the Christian family was told, “You Christians are agents of US led forces. Therefore it is our religious duty to wipe out all Christians from Islamic Holy land of Pakistan.”

The family reported the death threats to the police but the police were unable to prevent the attack. The police are investigating the attack but the unknown assailants remain at large.

Taliban in Pakistan threatens Christians with Jizya tax

International Christian Concern (ICC) has learned that on October 6, members of the Taliban sent threatening letters in Sargodha, Pakistan warning Christian leaders to convert to Islam or face dire consequences.

A copy of the letter obtained by ICC warns Christians to convert to Islam, pay Jizya tax (an Islamic tax imposed on religious minorities) or leave the country. If Christians refuse to accept the choices given to them, the letter explains that they “would be killed, their property and homes would be burnt to ashes and their women would be treated as sex slaves. And they themselves would be responsible for this.”

Rev. Zaheer Khan, pastor of Maghoo Memorial Church, Rev. Aamir Azeem, pastor of United Christians Church and Rev. Zafar Akhter, pastor of United Presbyterian Church each received a copy of threatening letter.

The Islamists sent the letters to the following Christian institutions: St Peter’s Middle School, Sargodha Institute of Technology, Sargodha Catholic High School, St John’s Primary School and Fatima Hospital.

Christians in Pakistan are soft targets for attacks by Islamic extremists. Over the past four months alone, 12 Christians have been killed by Muslims due to their faith. We are alarmed by the increase in attacks against Christians in Pakistan.

~ by Ben on October 17, 2009.