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Non-Muslim Citizen
Traditional Muslim Scholars divided Traditional Muslim scholar divided iii. Harbi
two categories of citizenships: non-Muslim citizen into two categories. term har mean war or people of
i. Muslim citizen war
ii. Non-Muslim citizen Non-Muslim no agreement of protection with
Citizen Islamic State
Muslim Citizen Islamic State has the duty to fight the
- How to acquire Muslim citizenship? enemy of war
Dhimmi Murtamin Harbi
Based on Quranic verse:- Rasullah Quraish of Mecca is the
Surah al-Anfal 8:72 Harbi
Indeed, those who have believed and i. Dhimmi (Singular)
emigrated and fought with their wealth Dhimmah (plural) ahl al- Right of the Dhimmi
and lives in the cause of Allah and those dhimmah
who gave shelter and aided - they are is a political terms refer to Jews and a. Right of Protection and
allies of one another. But those who Christian Security
believed and did not emigrate - for you religious perspective people of the Three types of protection and
there is no guardianship of them until book secutiry:
they emigrate. And if they seek help of i. life
you for the religion, then you must help, Definition: ii. property
except against a people between Literal meaning of dhimmah are iii. dignity
yourselves and whom is a treaty. And Islamic State has the obligation to
pledge or guarantee, or safety
Allah is Seeing of what you do. give full protection and security either
They are called zhimmah
They are under pledge of Allah, internal or external for dhimmi.
This ayah relates to the situation during
Prohet period: pledge of Rasullah, and pledge of
Muslim community. Hadith:
i. must be a Muslim and profess the 1. one who hurts a dhimmi, he
Islamic religion With this pledge the dhimmah are
given protection by the Islamic State. hurts me, one who hurts me, hurts
ii. acquire domicile in the Islam Allah.
state. Only those migrate to Madinah Technically, dhimmah mean they
this guarantee of protection
become citizen. are permanent residents of the Islamic
State who have affirmed to remain loyal
and obedience to the Islamic State since 2. Who ever hurt the dhimmi, I
Surah al-Anfal 8:75 shall be his complainant and for who so
And those who believed after [the initial they have acquire citizenship in return,
Islamic State has the obligation for ever I am, I shall ask his right on the day
emigration] and emigrated and fought of resurrection / judgment.
with you - they are of you. But those of protection, they have the right to enjoy
[blood] relationship are more entitled [to equivalent status like the Muslim.
3. if any one kill a dhimmi or
inheritance] in the decree of Allah . mustamin, he will not smell the fragrant
Indeed, Allah is Knowing of all things. ii. Mustamin
mean asking for protection and of paradise
Any person who subsequently convert security
saying of the prophet companion:
Islam and migrated to Madinah, they also they are the non-Muslim who are not
1. Saidina Umar their life and
constitute as a citizenship, therefore the permanent resident of the Islamic
property shall be defended even if it
resume the protection. State, but they entered in Islamic State
require to go to war with the oppressor,
for particular purposes such as social
they should not be tax beyond their
visit, education, business, diplomatic
capacity
purposes.
2. Ibn Hazm if enemies of war come to
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they stayed in the Islamic State our country aiming at certain dhimmi, it
temporary for certain time is essential for us that we have to come
they received protection and only last out to fight them with all our strength
until they left the Islamic State and they and weapon. Since he is under the
are no longer enjoy the protection once protection of Allah and his Messenger, if
they departed from the Islamic State. we did anything less than this it means
we have failed in our agreement for the
protection.
These show that Islamic State has full
obligation to the protection and security
towards dhimmi.
f. Right to do or conduct iii. Umar bin Abd Aziz (Umayyah Exception for Non-Muslim to pay jizyah :
economic activities or to do business. Empire) where he wrote to his officer Adi i. if non-Muslim converted to
Non-Muslim are allowed to engage or bin Artat in Basra stated that look after Muslim
enter any business that they like the affair of the dhimmi particularly those ii. if non-Muslim decided to
They can become partner with the who are old and weak, and have no mean participated in military service
Muslim of income. They should be given iii. when Islamic state failed to
Observe from the past during Prophet maintenance from the Baitulmal. protect the dhimmi rights
and Sahabah period, there were business Historical evidence:
such money exchange, jewelries Duties of the Dhimmis a. When Khalid bin al-Walid
However, dhimmi have observe 1. Duty to Pay Jizyah return the jizyah to the Christian of
certain limitation when they do business, Jizyah root word of jaza Emesa because he failed to protect
i. prohibited from involving in any Jaza means to give what is due in them from their Christian enemy from
transaction in riba because riba return for something given. Byzantine. He said We accepted the
oppress partners and against the Technically means a reasonable tax jizyah as a token of your good will and
business ethics. that a non-Muslim citizen is required to in return for defending you, but we
ii. prohibited from selling certain item pay in return for the protection given by have failed you
to Muslim such as pork, liquor. the Islamic State. b. Onec Sallahuddin al-Ayubi
Exception allowed among their In short, jizyah is a protection tax. failed to protect the Christian dhimmi
community. Imam Shafi`i Jizyah is at tax which in Syria, he then return back their
is imposed by the Islamic tax on non- jizyah.
g. Right to Receive Financial Muslim citizen in return for their iv. if the dhimmi render a
Support or Help and Social Security or complete safety and protection both significant service to the Islamic State.
Welfare from the Islamic state from external and internal threat. Historical evidence:
A non-Muslim he had clear up a canal for
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For those non-Muslim who are poor, unlike the Muslim citizen, they have the ship to sail in that canal which
disable, old age, restitute handicap will render their service in jihad or military benefited to all.
give some financial help from fund of service.
Baitulmal Payment of jizyah is prescribe in the 2. Second duty of dhimmi Duty to pay
Histrocial evidence: Quran Kharaj
i. Saidina Umar wondering around Surah al-Taubah :29 command the Kharaj is land tax
and one particular day he came across prophet particularly refer to the conquer land
a old and blind Jew begging on the where the Islamic State decided not to be
street. He was very concerned and Who are suppose to pay jizyah? divided among their soldier but this land
asked the old Jew, the old Jew said it Jizyah is to pay by the adult sound left to the origin, as a result they have to
was due to my old age and inability to male who is physically fit. pay kharaj (land tax).
work that force me to beg on the unlike jizyah is rescribe in al-Quran
street. Saidina Umar immediately took Who are not oblige to pay jizyah? Kharaj is institute or ijtihad based on
this old Jew back to his house and fed Woman, unsound person, children, the Muslim scholars.
him. Later, He took the old Jew to the old age person, physically unfit person, Non-Muslim who decided to convert t
treasurer of Baitulmal and instructed priest or monk Muslim no need to pay jizyah because
the treasurer to issue an order of they need to pay zakah, but for kharaj,
maintenance to that old Jew. Saidina Method of payments? they still have to pay even though they
Umar said: It is no justice that we Either by cash or payment in kinds converted to Muslim.
collect jizyah from themwhen they are (by giving goods ot item which can be
young and abandoned them when they live stocks, grain rice or clothing). 3. Others duty
become old. Prohibited item is not allowed such as Duty to respect Muslim they cannot
ii. Treaty of protection made pork, liquor. provoke or making noise during prayer
between Khalid bin al-Walid with the Duty to obedience and become a
Christian in Iraq. The Contents of the When jizyah have to be paid? loyal citizen to the Islamic State
treaty: Any old non-Muslim who is Jizyah is to be pay at the end of Hijrah Duty to contribute to the welfare of
unable to earn his livelihood or is struct year. the country.
by disaster, or who become destitute Amoutn of jizyah
and is help by charity of his fellow man
will be exempted from jizyah and will be
supply with sustenance by the
Baitulmal.