CHAPTER I
PRESUPPOSITIONS OF JIZYAH

The Muslim psyche is of a peculiar making, vis-a-vis its attitude towards non-Muslims. According to the Prophet, every child is born in Islam, but its parents make it a non-Muslim.1 The Qur'ân declares the Muslims to be the best community and raised up to guide and govern humanity2 as viceregents of God on earth,3 and Islam to be the chosen religion4 destined to triumph over all other religions.5 The Qur'ân also says that 'the earth belongs to Allâh. He causes it to be inherited by whom of His servants He will'.6 On the basis of it all the Prophet rules that all land belongs to God or himself,7 the natural corollary being that all land belongs, through God and the Prophet., to the Muslims. In their bid to conquer Spain, a contingent of the Arabs under Târiq landed on its shores and Târiq burnt the ship which carried them. On the soldiers' protest as to how they would return to their homeland, Târiq burst out, in Iqbal's words:

Har mulk mulk-i mâ'st ki mulk-î Khuda-i mâ'st

That is, 'All land belongs to us, because it belongs to our God.' This serves to vouchsafe to the Muslims the moral right to grab lands in Jihad from non-Muslims. Indeed, as Ibn Taymiyyah, the 14th-century Muslim jurist-theologian, would have it, Jihâd simply restores lands to the Muslims, who enjoy a kind of Divine right over these.

Besides, the Qur'âdn commands the Muslims to despise idol-worshippers as unclean (najas) and, therefore, not to allow them to draw near the Ka'bah8 or to inhabit God's mosques, for their works go waste and they are doomed to be consigned to the hellfire for all time to come.9 This is perhaps why the Prophet taught the Muslims to reside at such a distance from Kâfirs' colony that the latter's light remains invisible to the former.10 The Qur'ân teaches that a Muslim slave is better than an idolater, howsoever good the latter appear to the Muslims.11

Are idolaters unclean in body, in faith, or in both? According to Imâm Mâlik as also to Hasan BaSarî, idolaters' body is unclean, so that, if an idolater put his hand into water, the water would become unclean. On the contrary, according to the Hanafites, idolaters are unclean in faith. And there is a third school, led by Anwar Shâh Kashmîrî, according to whom idolaters are unclean in body and faith both. He claims that even Imâm Abû Hanîfah subscribes to this view when he rules: 'If a Kâfir falls into a well, all its water will have to be drawn out, even though he is pulled out of the well alive.'

The Qur'ânic verse adjudging idolaters unclean disallows them to draw near the Ka'bah. The question is: Are they forbidden to draw near other mosques, too? Imâm Mâlik's reply is in the affirmative. QâDî Abû Bakr ibn al-'Arabî adds that, though the verse refers to the Ka'bah only, the ground of 'being unclean' given therein helps generalize the provision to cover all mosques.

Prior to 9 A.H., the year in which the above verse was revealed, idolaters did enter and stay in mosques, but there is no such precedent during the rest of the Prophet's life.12

It would be pertinent to point out that, according to Âyat Allâh Khomeini, 'Eleven things are unclean: urine, excrement, sperm, blood, a dog, a pig, bones, a non-Muslim man and woman, wine, bear, perspiration of the camel that eats filth. The whole body of a non-Muslim is unclean, even his hair, his nails, and all secretions of his body. A child below the age of puberty is unclean if his parents and grand parents are not Muslims….'13

Again, the Qur'ân forbids the Muslims to take the Kâfirs for their friends14 and to be their helpers.15 It exhorts the former to fight the latter to the finish, so that Islam gets the better of Kufr (infidelity/disbelief) for good,16 wherever possible;17 but it commands them to migrate from a place dominated by unruly Kâfirs,18 in case they feel powerless to deal with them otherwise.

In fact, Islam nowhere encourages, prescribes, or envisages friendly coexistence with the Kâfirs, who, according to it, are not to be tolerated, much less respected.

It is preposterous to hark back to certain seemingly contrary provisions in the earlier part of the Qur'ân. One such verse is: 'To you your religion and to me my religion' (La kum dînu-kum wa liya dîn).19 Another: 'There is no force in religion' (Lâ ikrâha fi 'd-dîn).20 According to competent classical commentators, the first verse gives expression to the Prophet's mood of reluctant tolerance of Kufr, for want of the needed strength to subdue it. As regards the second verse, Shâh Walî Allâh appears to construe it to mean that use of force after proclamation of Islam is no use of force. Besides, classical commentators maintain that these and many such other verses stand abrogated by the verse of Jihâd.21 Indeed, Abû Bakr ibn al-'Arabî, a leading classical commentator, contends that the verse has abrogated 124 verses teaching forbearance with Kufr.22 Same is the case with the teaching that the Prophet's duty is plain communication of the message of God rather than behave as a tyrant (jabbâr)23 or guard (Hafiz)24 to compel people to embrace Islam.

Indeed, the Muslim psyche rules out the possibility of lasting peaceful coexistence with the Kâfirs, so that al-Marghînânî, the celebrated author of the Hidâyah, appears to be right when he contends that war with the Kâfirs is the norm and peace, contingent upon circumstances beyond the control of the Muslims.

Indeed, Jihâd is prescribed in the Torah also, which the Qur'âdn nowhere repudiates. The Jihâdic spirit remains dormant in the Meccan Qur'ân, viz. the part of the Qur'ân revealed in Mecca and becomes manifest in the Medinan Qur'ân.

Well, the Qur'ânic attitude towards other religions and communities appears to have passed through the following successive stages:

1. Peaceful coexistence and equal respectability of all Semitic religions.

2. Reluctant tolerance of even idolatrous polytheism, for but a few days, though.25

3. Treatment of the Jews of Banû Awf at Medinah as forming a single nation (ummah wâHidah) with the Muslims.26

4. Defensive Jihâd /Crescentade (holy war).

5. Offensive Jihâd.

6. Extraction of Jizyah agreed upon in a no-war pact (Jizyah SulHiyyah).

7. Extraction of Jizyah from a conquered non-Muslim community (Jizyah qahriyyah).

8. Reduction of all Jizyah-paying individuals and communities to the status of Ahl adh-Dhimmah / Dhimmî-s (ptotectorate/protected people), viz. servile subjects of the Muslim state.

9. Exclusion of all non-Muslims from the Abrabian peninsula.

The quintessence of the Qur'ânic commands to the Muslims vis-a-vis the Kâfirs, as perceived, preached, and practised by the Prophet, his Companions and Followers, and later Crescentadors and theologians, can be put as under:

1. Try to convert the Kâfirs to Islam.

2. If any of them resist,

(i) try to consign them to the grave before God consigns them to the hell-fire, plunder and loot their property (al-anfâl/al-ghanâ'im) movable and immovable (al-amwâl wa al-amlâk), enslave them, menfolk (usarâ') and womenfolk and children (sabâyâ) alike;

(ii) or, where imposition of Jizyah is permissible, let the Kâfirs escape death and compound their offence of Kufr by disgracefully paying Jizyah, abjectly surrendering to the brute force of Islam, and suffering all sorts of indignities and humiliations as Dhimmî-s;

(iii) or, again, if you find yourselves too weak to deal with the Kâfirs as above, take recourse to hejira (hijrah) and bide your time.

Jihâd is said to have four forms, as culled by responsible theologians from the sayings and doings of the Prophet:27

1. Jihâd by heart (Jihâd bi 'I-qalb)

2. Jihâd by tongue (Jihâd bi 'I-lisân)

3. Jihâd by hand (Jihâd bi 'I-yad)

4. Jihâd by sword (Jihâd bi 's-sayf)

Which form of Jihâd to adopt depends upon the particular situation which the Muslim finds himself in.

Jihâd is virtual genocide with a difference, and the difference is made by Jizyah, as we shall see, in the sequel.

 

Footnotes:
 

1 Bukhârî, I, Kitâb al-Janâiz, H.1295.

2 Âl 'Imrân (3) 110.

3 An-Nûr (24) 55; an-Naml (27) 62.

4 Âl 'Imrân (3) 19, 85; al-Mâ'idah (5) 3.

5 At-Tawbah (9) 33; al-FatH (48) 28; as 'Saff (61) 9.

6 "Inna 'I-arDa li-' llâh-i; yûrithu-hâ mañ yyashâ'u min 'ibâdi-hî" Al-A'râf (7) 128.

7 "A 'Iamû ann al-arDa li 'llâh-i wa rasû-ihi". Bukhârî, II, Kitâb al-Jihâd wa 's-Siyar, H.406.

8 At-Tawbah (9) 28.

9 Ibid., 17.

10 Shâh Wali Allâh, Hujjah Allâh al-Bâlighah, II, 'Unwân al-Hudûd (50), Karachi, n.d., p. 468.

11 Al-Baqarah (2) 221.

12 For a detailed discussion of the concept of 'unclean', see Anwar Shâh Kashmîrî, FayD al-Bârî (on Bukhârî), I, pp. 361-363.

13 Bat Ye'or, The Dhimmî, tr. from the French by David Masel, Paul Fenton, & David Littman (rev. & enl. English ed., Rutherford: Madison: Teaneck: Fairleigh: Dickinson University Press; London & Toronto: Associated University Press, 1985), pp. 396-397.

14 Âl 'Imrân (3) 28, 118; an-Nisâ' (4) 144; al-Mâ'idah (5) 51,54,57, 80; at-Tawbah (9) 16, 23.

15 Al-QaSaS (28) 86.

16 Al-Baqarah (2) 193; al-Anfâl (8) 39; at-Tawbah (9) 5.

17 Al-Tawbah (9) 5.

18 Al-Anfâl (8) 72-75; at-Tawbah (9) 20.

19 Al-Kâfiûn (109) 6.

20 Al-Baqarah (2) 156.

21 The verse of Jihâd is: at-Tawbah (9) 5.

22 Jalal ad-Dîn as-SuyûTî-, Al-Ittiqân fi 'Ulûm al-Qur'ân, II, Urdu tr. by Muhammad Halim Ansari Daulwi (Firozpur: Faiz Bakhsh Steam Press, 1908), Naw' (chapter) 47, 61-62.

23 Qâf (50) 45.

24 Al-An'âm (6) 108.

25 Recall the verses revealed in praise of the idols of the Ka'bah, later rejected by the Prophet as Satanic verses. It is reported that, when the Prophet was in a mood to woo the Qurayshites, he received in revelation and recited a whole Sûrah in praise of the leading idols of the Ka'bah, thereby befriending the Qurayshites. Those of his followers who had migrated to Ethiopia got wind of it and returned. Their optimism was short-lived, however, as the Prophet recanted before long, declaring the verses as put into his mouth by the Satan. Nevertheless, excepting Ibn Mas'ûd who wended his way back to Ethiopia, all the migrants settled in Mecca. See Muhammad ibn Sa'd Kitâb al-Wâqidî, generally known as Ibn Sa'd, Kitâb at-Tabaqât al-Kabîr, generally referred to as Tabaqât Ibn Sa'd, Urdu tr. by 'Abdu 'Ilahu'I-Imadi, Part I, Hyderabad, 1944, pp. 308-311. This is the background of al-Hajj (22) 52 of the Qur'ân, which reads thus: 'Never sent We a messenger or a prophet before thee but when he recited (the message) the Satan proposed (opposition) in respect of that which he recited thereof. But Allâh abolisheth that which the Satan proposeth. Allâh is Knower, Wise.'

26 Ibn Hishâm, Sîrah Sayyida-nâ Muhammad, Urdu tr. by Abdu 'I-Jalil Siddiqi & Ghulam Rasul Mihr under the title Sîratu 'n-Nabiyy-i, Kâmil, Delhi, 1982, Vol.I, p. 554.

27 See, for example, Abû MuHammad bin Hazm al-Undulsî, generally known as Ibn Hazm, Kitâb al-FaSl fi 'I-Milal wa 'I-Ahwâ' wa 'n-NiHal, Cairo, 1321 A.H., IV, p. 135.

   

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