Chapter: The Dhimmah Covenant and Its Rulings

The author’s statement, “Chapter: The dhimmah covenant and its rulings”: this chapter encompasses two matters:

The first is the dhimmah covenant, which includes its meaning and those with whom it may be concluded.

The second is the rulings concerning the people of dhimmah—that is, what Muslims are obliged to uphold toward the protected non-Muslim subjects, and what the protected non-Muslim subjects are obliged to uphold toward Muslims.

Linguistically, dhimmah means a covenant. The proof for this is the saying of Allah, the Exalted: “They do not observe toward a believer any bond of kinship or covenant” [al-Tawbah 9:10]. Here, ill means kinship, while dhimmah means covenant, because a person is ordinarily protected by one of two things: either kinship or a covenant. Allah, the Exalted, says: “Fulfil every covenant, for every covenant will be called to account” [al-Isra’ 17:34].

The Prophet, peace and blessings be upon him, said in the hadith of Buraidah ibn al-Husayb, may Allah be pleased with him: “When you besiege the people of a fortress and they ask you to grant them the covenant of Allah and the covenant of His Prophet, do not grant them the covenant of Allah or the covenant of His Prophet. Rather, grant them your own covenant and that of your companions, for if you violate your own covenants, it is less serious than violating the covenant of Allah and His Messenger.” (1)

Thus, dhimmah means a covenant.

Its technical definition is: “Allowing certain disbelievers to remain upon their religion under specified terms.”