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Jizya

Also Known As The poll tax on protected non-Muslim communities · JizyahOriginal Term jizya (Arabic)
Religious Law

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Origin 630 to 1856 CE

A tax levied by classical Islamic states on free adult non-Muslim men of the protected communities, principally Jews, Christians and Zoroastrians, in exchange for protection of life and property, exemption from military service, and the right to practise their religion and run their own courts in matters of personal status. It rests on Quran 9:29 and on the treaties of the conquest period.

What the classical jurists actually required is narrower than either side of the modern argument usually allows. Women, children, the elderly, the disabled, the destitute, monks and slaves were exempt in the majority positions, though the schools differ on monks and on the poor. Rates were graduated by wealth into three or four bands in the standard Sunni manuals. Muslims were not exempt from taxation: they paid zakat, from which non-Muslims were exempt, and both paid land tax on land, which is why the fiscal comparison is not the simple one it is often presented as. In practice, as Dennett showed, the systems inherited the Byzantine and Sasanian poll taxes they replaced, and early administration frequently continued existing arrangements under a new name.

Application varied enormously by dynasty and period, from unremarkable taxation to deliberate humiliation, and some jurists read the Quranic phrase about being subdued as requiring the latter while others did not. The tax was abolished across the Ottoman Empire in 1856 and had lapsed elsewhere by the early twentieth century; no modern state levies it, though armed groups have announced its revival on captured populations.

The modern arguments, that it was a tolerant arrangement unmatched in medieval Europe, and that it was a system of institutionalised subordination, are both live and are both making a case. They are attributed here rather than adjudicated.

Facts
Status
Status Within the Tradition
The mainstream position, not formally binding 2Tradition: Islam
Status Within the Tradition
Genuinely disputed within this tradition 2Tradition: Islam
Quranic and part of classical law
Origins
Origin Period
630 to 1856 CE 1
Held By
Islam 1
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A Tax, and the Arguments About What It Meant

Jizya was the poll tax levied under Muslim rule on free adult non-Muslim men of the protected communities, the ahl al-dhimma, in return for protection and for exemption from military service. Its scriptural warrant is Qur'an 9:29. In the jurists' formulations women, children, the indigent, the elderly, the disabled, the insane and in most schools monastics were exempt, and the tax was assessed in bands according to means.

What the classical jurists required and what actually happened are two different enquiries. The schools set differing schedules and differed over the manner of collection, some drawing from the phrase wa hum saghirun in 9:29 a requirement that payment express subordination, though the sense of that phrase is itself disputed among commentators, ancient and modern. The documentary record, in papyri, tax registers and administrative geographies, shows wide variation by period and province: rates changed, exemptions were granted and withdrawn, the poll tax was frequently confused or merged with the land tax kharaj, and early Umayyad governors sometimes resisted the fiscal consequences of conversion.

Two arguments contend over how to characterise the system. One holds that the dhimma granted legally guaranteed communal existence, internal religious jurisdiction and protection at a period when most polities offered religious minorities considerably less, and that the tax was the price of exemption from military obligation borne by others. The other holds that protection was conditional and explicitly hierarchical, that the accompanying restrictions on dress, worship, building and legal testimony were real wherever enforced, and that calling the arrangement tolerance measures it against the wrong standard. Both arguments are made by serious historians, and both draw on the same evidence; the disagreement is substantially about which comparison is the fair one.

The tax lapsed with the reorganisation of the Ottoman and other Muslim states in the nineteenth century and is levied by no modern state. It has been revived rhetorically, and in a small number of cases in fact, by insurgent movements: the Islamic State group imposed a payment described as jizya on Christians in Mosul in 2014, and its treatment of Yazidis, whom it did not recognise as a protected community at all, was found by a United Nations commission of inquiry to constitute genocide. Mainstream contemporary Muslim scholarship overwhelmingly treats the classical dhimma rules as historically conditioned and superseded by common citizenship.

The Pact of Umar: A Text Later Than Its Name Suggests

Much of the popular picture of dhimmi status rests on a document known as the Pact of Umar (Shurut Umar), traditionally presented as an agreement imposed by the caliph Umar ibn al-Khattab on the Christians of Syria in the seventh century, and the document's actual history is more complicated than its traditional attribution.

The pact, as it survives, has the Christian population itself proposing an extensive list of self-imposed restrictions in exchange for protection: not to build new churches, not to display crosses publicly, not to ride horses, to wear distinguishing dress, to rise in the presence of Muslims, and similar provisions governing dress, behavior and the visibility of religious practice. Historians of early Islam, working from the document's language and citation history, generally regard the text in its complete form as a later compilation, likely dating well after Umar's own caliphate, possibly assembled over the eighth and ninth centuries and retrospectively attributed to his authority to lend it greater weight.

Whatever its precise date, the Pact of Umar became hugely influential as a reference point for later jurists codifying dhimmi status, and its provisions were enforced with real variation, sometimes strictly, often loosely or not at all, across the centuries and regions in which Muslim rulers governed non-Muslim populations, which is why historians caution against treating the Pact as a description of lived conditions anywhere in particular rather than an idealized legal template whose enforcement is a separate empirical question.

Cross-Tradition Connections

Belongs to Tradition

Islam, Religions
Source Encyclopedia of ReligionMircea Eliade (ed.); Lindsay Jones (ed., 2nd ed.)

Held Differently

Hanafi School, Schools of Religious Law

The Hanafi school extends the poll tax and the protected status it buys beyond the peoples of the book to Zoroastrians and, in the school's eastern application, further still, which is the broadest of the four Sunni positions.

Positions on This Question

The poll tax and the protected status it buys are treated in Hanbali law, which reads the categories of those eligible for it narrowly.

The poll tax and the protected status it buys are treated in Jafari law on the same Quranic basis as in the Sunni schools.

Source Sharai al-Islam fi Masail al-Halal wal-HaramNajm al-Din al-Muhaqqiq al-Hilli

The poll tax and the protected status it buys are treated in Maliki law, whose application across North and West Africa gave the category a long practical history.

The poll tax and the protected status it buys are treated in Shafii law, which reads the categories of those eligible for it narrowly, restricting it to the peoples of the book.

Sources
1. Non-Muslims in the Early Islamic Empire: From Surrender to Coexistence
Milka Levy-Rubin, Cambridge University Press, 2011On the late antique models behind the terms of surrender
2. An Introduction to Islamic Law
Wael B. Hallaq, Cambridge University Press, 2009On the jizya, the dhimma and the classical fiscal regimeView the Source
"They Came to Destroy": ISIS Crimes Against the Yazidis
Independent International Commission of Inquiry on the Syrian Arab Republic, United Nations, 2016On the treatment of the Yazidis by the Islamic State group, 2014-2016View the Source
The Qur'an
9:29, the verse on which the levy restsView the Source
Conversion and the Poll Tax in Early Islam
Daniel C. Dennett, Harvard University Press, 1950On the gap between the administrative record and the later legal theory
Encyclopedia of Religion
Mircea Eliade (ed.); Lindsay Jones (ed., 2nd ed.), Macmillan Reference, 2005View the Source
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