The Ahl al-Dhimmah, Jizyah and Kharāj during the reign of ‘Umar bin ‘Abd al-’Azīz Zaify Follow Jan 12, 2018 · Unlisted

‘Umar bin ‘Abd al-’Azīz in Arabic calligraphy.

A prevalent misconception amongst the people is that the Muslims are commanded to mistreat the Ahl al-Dhimmah (non-Muslims living under Islamic rule). However, this has no basis in the Qur’an and Sunnah, and indeed in history.

Considered the fifth rightly guided khalīfah, the great faqīh and mujaddid Umar bin ‘Abd al-‘Azīz (رحمه الله) demonstrated it was practically possible for the Ahl al-Dhimmah of the Umayyad Caliphate to live safely under the shade of Islām, which extended its justice to them, protected their rights and interests, and neither harmed, intimidated or enslaved them. They were granted their mutual, inalienable rights, and equally, they were obliged to to observe certain duties stipulated under the Shari’ah and the basic injunctions of the Book of Allāh and the Sunnah (prophetic tradition) of His Messenger ﷺ. The following is mainly sourced from the book ‘The Life of Umar bin ‘Abd al-‘Azīz’, which can be read here.

His General Policy towards the Ahl al-Dhimmah

The Umayyad Caliphate at its zenith.

The general policy of ‘Umar bin ‘Abd al-‘Azīz was to remedy the injustices suffered by the Ahl al-Dhimmah, restore their unlawfully seized houses of worship[1], release their lands and to grant them their rights and privileges under the Shari’ah that had been exploited by the Muslims for their own personal gain, despite it being in contradiction of their own treaty.[2]

Regarding that issue, he wrote to one of his officials, saying:

We believe that you are exploiting the people of the land. Only oppression can be the aim of such a thing. Source: Sirat ‘Umar bin ‘Abd al-‘Azīz (Ibn Abd al-Hakm) p. 83.

He also wrote to his officials:

Do not tear down a single church, synagogue or fire-temple. Source: Tarīkh at-Ṭabarī (7/477)

Jizyah under ‘Umar bin ‘Abd al-’Azīz

Upon his accession to the caliphate, ‘Umar hastened to administer the collection of taxes on a sound footing. When the Ahl al-Dhimmah saw the justness and fairness of ‘Umar, they rushed to accept Islām. In Khorasan alone, some 4000 non-Muslims embraced Islām.[3] However, his officials complained, warning him the revenue levied from the jizyah was severely reduced.

‘Umar replied:

إِنَّ اللَّهَ إِنَّمَا بَعَثَ مُحَمَّدًا صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ دَاعِيًا وَلَمْ يَبْعَثْهُ جَابِيًا Verily, Allāh sent Muhammad ﷺ as a guide, not a tax collector! Source: At-Tabaqat (5345/); al-Kharāj by al-Ris, p. 230; Al-Bidayah wa-Nihayah 667

The reign of ‘Umar bin ‘Abd al-’Azīz was one based on truth and justice, based on the principles established by Islām. He relieved the Ahl al-Dhimmah of the oppression they faced under the previous Umayyad rulers, caring for their farms and levying the jizyah on them in accordance with their individual financial capabilities. For this, ‘Umar recognized three different classes: rich, average and poor, so as to prevent unfair taxation. Accordingly, a land owner paid his jizyah on his land, a craftsman paid it on his earnings, a trader paid it on his trade, and so forth.[4]

The rate of jizyah varied regionally. Generally speaking, the rate levied was dependent on the financial ability of the region. For example, the people of Sham were levied more jizyah than the people of Yemen, on account of their higher wealth and affluence. [5]

However, if a non-Muslim was too poor to pay the jizyah, they were exempted and instead received financial support from the Bayt al-Mal (public treasury), a dispensation originally introduced by the Caliph ʿUmar ibn Al-Khaṭṭāb (رضي الله عنه) [6]

Restoring the covenant with the Ahl al-Dhimmah of Cyprus

When the Caliph Muʿāwiyah ibn Abī Sufyān (رضي الله عنه) conquered Cyprus, he fixed a peace treaty stipulating a payment of 7000 dinars, so long as the people of Cyprus remained in good faith to the Muslims. This treaty remained in effect until the caliphate of ‘Abd al-Malik ibn Marwān, who raised the rate by 1000 dinars. This was enforced by his successors until the caliphate of ‘Umar bin ‘Abd al-‘Azīz, who restored the original covenant.[7]

Administering justice to the Ahl al-Dhimmah of Irāq

Similarly, the the Ahl al-Dhimmah of Irāq were levied a heavier jizyah, which ‘Umar bin ‘Abd al-‘Azīz annulled.

It was also narrated ‘Umar bin ‘Abd al-‘Azīz wrote to his official in Kūfah, saying:

Find out whose land has become diminished due to paying the jizyah and provide them with financial assistance to cultivate the land. Inform them we do not want payment from them for a year or two years. Source: Umar wa Siyasatuhu fi Rudd al-Mazalim, p. 241.

His refusal to overtax the Ahl al-Dhimmah

Abū Yūsuf said: Abd ar-Rahmān bin Shawban informed us that his father said to Umar:

O Amīr al-Mu’minīn! Why is it that the prices of things is high during your time while they were lower under former governments?

He replied:

The people before me used to compel the Ahl al-Dhimmah to pay beyond their means and capacity until it appeared they possessed nothing to sell and their livelihood had been smashed to pieces. I do not burden anyone with more than they can bear. [8]

‘Umar bin ‘Abd al-’Azīz’s decree to care for the elderly among the Ahl al-Dhimmah

Islām is the religion of justice, munificence and caring for the weak. It gives attention to everyone living on the earth, even if they do not follow the religion. ‘Umar bin ‘Abd al-’Azīz embodied this sublime value and determined that if a dhimmī reach old age, with no money nor kin to look after him, then he should be provided for from the Bayt al-Mal.

Ibn Sa’ad narrated: A letter from ‘Umar bin ‘Abd al-Azīz was read out to us, in which he said:

In the name of Allāh, [the] Most Gracious, Most Merciful. From the servant of Allāh, ‘Umar bin ‘Abd al-Azīz, the Amīr al-Mu’minīn, to ‘Udayy bin Arta’ah and the Muslim believers, peace be upon you. To you, I praise Allāh Whom there is no one worthy of worship but him and say: Turn to the Ahl al-Dhimmah and treat them kindly. Should any of them grow old and not have any money, spend on them, and should they have kin, then order them to spend on them. Source: At-Tabaqat (5380/) by Ibn Sa’ad

He also wrote in another letter to his official in Baṣrah, ‘Udayy bin Art’ah:

To proceed: Allāh, Glorified is He, commands the exacting of the jizyah from those who renounce Islām and choose to arrogantly disbelieve at their own clear loss, so impose it on whoever can bear its burden and stand between them and the prosperity of the land; in that lies good for the livelihood of the Muslims and their strength against their enemies. Look at the Ahl al-Dhimmah from aforetime who received a pension from the Bayt al-Mal of the Muslims once they grew elderly, feeble and incapable of earning. If a Muslim man owning properties grows old and feeble and incapable of earning, he is entitled to receive support from the Bayt al-Mal so as to differentiate between death and old age. I was informed of an incident in which the Amīr al-Mu’minīn, Umar ibn Al-Khaṭṭāb, passed by an old man from the Ahl al-Dhimmah who was sat begging in the streets. ‘Umar went up to him and said: ‘We have not done justice to you. We levied the Jizyah on you during your youth and we have neglected you in your old age.” He then took the old man by the hand to the Bayt al-Mal and provided him with a pension. Source: Al-Amwāl [Finance] by Abī ‘Ubayd, p. 57.

Thus, he followed the example of his great-grandfather Umar ibn Al-Khaṭṭāb. Abu Ja’far reported:

عَنْ جِسْرٍ أَبِي جَعْفَرٍ أَنَّ أَمِيرَ الْمُؤْمِنِينَ عُمَرَ مَرَّ بِشَيْخٍ مِنْ أَهْلِ الذِّمَّةِ يَسْأَلُ عَلَى أَبْوَابِ النَّاسِ فَقَالَ مَا أَنْصَفْنَاكَ أَنْ كُنَّا أَخَذْنَا مِنْكَ الْجِزْيَةَ فِي شَبِيبَتِكَ ثُمَّ ضَيَّعْنَاكَ فِي كِبَرِكَ قَالَ ثُمَّ أَجْرَى عَلَيْهِ مِنْ بَيْتِ الْمَالِ مَا يُصْلِحُهُ The commander of the faithful, ‘Umar bin ‘Abd al-’Aziz, passed by an old man among the non-Muslim citizens who was going from house to house begging for charity. Umar said, “We have not been fair to you that we have taken tribute from you in your youth and now you are helpless in your old age.” Then Umar ordered for him to be given money from the public treasury to meet his needs. Source: Al-Amwāl Al-Qasim 119

Eating with the Ahl al-Dhimmah

It was the practice of ‘Umar bin ‘Abd al-‘Azīz that he would spend a dirham of his own money a day on feeding the Muslims and then eating with them. Likewise, he would visit the Ahl al-Dhimmah, who presented him with fenugreek, vegetables, and other foods they were accustomed to eating. In return, he would give them more than that and eat alongside them. If they refused to accept what he had offered them, then he would refuse to eat with them. [9]

Ending the injustice against the women of Lawatah

Prior to the accession of ‘Umar bin ‘Abd al-‘Azīz, some women of the Ahl al-Dhimmah from Lawatah in North Africa were captured.

Concerning these women, Abu Ubayd mentions that ‘Umar bin ‘Abd al-‘Azīz wrote to the people:

“Whoever sends you any of these women, do not put a price on them as a price cannot be deemed lawful for her. If one already has any of these women, seek her hand from her father, otherwise return her to her people.”

Abu Ubayd then states that these women may have been Berber natives with whom they may have entered a covenant. Imam al-Zuhrī said:

“Uthman procured the jizyah from the Berbers but they later began to cause mischief, which led to their being taken into captivity.”

Regardless, ‘Umar ibn ‘Abd al-‘Azīz ended the wrongdoing which was taking place against them.[10]

Paying for the release of captive dhimmīs

Rabi’ bin Ata’ was reported to have said:

Umar bin ‘Abd al-‘Azīz wrote and sent money to the shores of Aden to ransom the men, women, slaves and Ahl al-Dhimmah. Source: At-Tabaqat (5353/)

The fact that ‘Umar bin ‘Abd al-‘Azīz paid the ransoms of all Muslim subjects - even slaves and disbelievers, is a clear manifestation of the justice prescribed by Islām, and the loyalty of the Muslims in fufilling their duties.

On falsely accusing a Christian woman married to a Muslim man

‘Umar flogged whoever falsely accused a Christian woman of zinā under the Ḥudūd. It was reported by Abī Isḥāq ash-Shaybānī that a man falsely accused a Christian woman, who had a Muslim son, of zinā, because of which ‘Umar lashed the accuser more than thirty times. [11]

Kharāj (land tax) under ‘Umar bin ‘Abd al-’Azīz

The detractors of ‘Umar bin ‘Abd al-’Azīz, such as anti-Islamic polemics, mention the imposition of the kharāj (land tax) during his rule. They say that it was unfairly imposed on non-Arab converts to Islām and the Ahl al-Dhimmah to make up for the diminished revenue of jizyah. However, due to a great deal of evidence, we can see that this is not true and it provided great benefits to the fiscal health of the state and infrastructure.

Kharāj was levied by the state on agricultural land, or land which was of benefit to its owners. During the reign of ‘Umar, the yield of kharāj in Irāq alone increased to a total of 124 million dirhams. This surpassed the revenue from the tax during the rule of the ruthless governor al-Ḥajjāj, which amounted to 4 million dirhams, and from during the caliphate of ʿUmar ibn Al-Khaṭṭāb (رضي الله عنه), when it stood at 100 million dirhams.

The primary cause for this increase was due to ‘Umar bin ‘Abd al-’Aziz’s policy of reform. The aim of the policy was to restore, revive and cultivate barren land, in addition to establishing basic agricultural projects that facilitated the construction of roads, aqueducts and watercourses. [12] These new roads enabled farmers to market their produce more easily, whilst the aqueducts and watercourses allowed them to irrigate crops more efficiently — reducing their costs and increasing yields. The fruit of these reforms was reflected in the rise of revenue from kharāj. Land was increasingly cultivated and the farmers were relieved from oppressive taxes which inhibited productivity. The collection of kharāj allowed the state to realise its economic goals, as its revenues can be spent more elastically as opposed to revenues from zakat, which can only be spent in accordance with a very strict criteria. [13]

He also prohibited the use of torture tactics against the people of Basrah to obtain the kharāj, after his official ‘Udayy bin Arta’ah wrote to him:

“If you accept, some punishment should be carried out on people who choose not to cooperate when it comes to paying the obligatory kharāj.”

‘Umar replied:

How strange is it that you seek my permission to torture human beings as if I were some kind of safe haven for you from the punishment of Allāh, or as if my pleasure can rescue you from Allāh’s displeasure! Therefore, once you have received this letter, approach those who pay it with compassion, otherwise administer an oath from them. By Allāh, it is better for them to face Allāh having committed their treachery than for you to face Him after having tortured them. Peace. Source: Al-Kharāj [Tax and Revenue] by Abī Yusuf, p. 129.

On buying the Plot of Land for his Grave from a Christian monk

Umar bin ‘Abd al-‘Azīz (رحمه الله) refused anything other than to buy the plot of land for his grave, due to his profound humility and strict accountability of himself. When he was on his deathbed, he said to the people around him:

Go to the monk and ask him to sell you a plot of land for my grave.

Such was his status, that the monk exclaimed:

By Allāh, O Amīr al-Mu’minīn, I will give you a decent and close plot to be buried in for free!

Umar, however, refused the offer, replying:

If you sell me the site of my grave I shall stay with you, otherwise I will find one somewhere else.

A price was settled and Umar gave the money to the Christian monk. The landowners then said:

If we hadn’t hated the idea of him going somewhere else, we would have never accepted him paying for it. [14]

References

[1] Umar wa Siyasatuhu fi Rudd al-Mazalim [Umar and his Policy on compensating the Victims of Injustice], p. 245.

[2] Ibid.

[3] At-Tabaqat (5386/)

[4] Sirat ‘Umar bin ‘Abd al-‘Azīz [The Biography of ‘Umar bin ‘Abd al-‘Azīz] by Ibn Abd al-Hakm, p. 99.

[5] Al-Amwal [Finance] by Abi Ubayd, no. 107, p. 51.

[6] As-Siyasah al-Iqtisadiyyah wa al-Maliyyah li-‘Umar bin ‘Abd al-‘Azīz [The Economic and Fiscal Policy of ‘Umar bin ‘Abd al-‘Azīz] by Bashir Kamil Abidīn, p.74.

[7] Futuh al-Buldan [The Conquests of Countries], p. 159; Umar wa Siyasatuhu fi Rudd al-Mazalim [Umar and his Policy on compensating the Victims of Injustice], p. 240.

[8] As-Siyasah al-lqtisadiyyah wa al-Maliyyah Ii- ‘Umar bin ‘Abd al-’Aziz [The Economic and Fiscal Policy of ‘Umar bin ‘Abd al-’Azīz] by Bashir Kamal ‘ Abidīn, p. 48

[9] Hilyat al-Awliya [The Beauty of the Righteous and Ranks of the Elite] (5316–315/); Fiqh ‘Umar bin ‘Abd al-‘Azīz [The Jurisprudence of ‘Umar bin ‘Abd al-‘Azīz] (2356/).

[10] Futuh al-Buldan [The Conquests of Countries], p. 226–7.

[11] Fiqh ‘Umar bin ‘Abd al-‘Azīz [The Jurisprudence of ‘Umar bin ‘Abd al-’Azīz] (2133/) by Dr Muhammad Shaqīr

[12] As-Siyasah al-Iqtisadiyyah wa al-Maliyyah li-‘Umar bin ‘Abd al-‘Azīz [The Economic and Fiscal Policy of ‘Umar bin ‘Abd al-‘Azīz] by Bashir Kamil Abidin, p.74.

[13] Ibid, p. 76.

[14] Sirat ‘Umar bin ‘Abd al-‘Azīz [The Biography of ‘Umar bin ‘Abd al-‘Azīz] by Ibn al-Jawzī, pp. 3323-.