Book of Jizya
Introduction
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Book of Jizya
The standard wording of the contract is: “I allow you to reside in the Abode of Islam,” or: “I grant you permission to remain therein on condition that you pay the jizya and submit to the rule of Islam.” The sounder view is that the sum to be paid must be specified; it is not necessary to stipulate that they refrain from disparaging Allah, His Messenger ﷺ, or His religion. According to the predominant opinion, the contract is invalid if concluded for a fixed term, and an explicit statement of acceptance is required.
If a non-Muslim is found in our land and says, “I entered to listen to the word of Allah,” or, “I am an envoy,” or, “I am under the safe-conduct of a Muslim,” he is believed; there is, however, another opinion concerning the mere claim of safe-conduct. Concluding the contract requires the imam or his deputy, and he must grant it when they request it—except to a spy whose presence we fear.
The jizya is contracted only with Jews, Christians, and Magians, with the children of those who embraced Judaism or Christianity before their abrogation or whose time of conversion is uncertain, with anyone who claims adherence to the Scriptures of Abraham or the Psalms of David, peace be upon them both, and—according to the authoritative view—with one whose father is from the People of the Book while the other parent is an idolater.
No jizya is taken from a woman, an intersex person, a slave, a minor, or the insane. If insanity is intermittent—briefly, as an hour in a month, or for longer periods, as alternating days—the sounder opinion is that the intervals of sanity are added together; once they reach a full year, the jizya becomes obligatory.
If the son of a dhimmī reaches puberty and does not offer the jizya, he is escorted to a place of safety; if he offers it, a contract is concluded with him. Another view holds that he is liable in the same manner as his father. The authoritative opinion, however, obliges it upon the chronically ill, the very elderly, the blind, monks, hired workers, and the poor who cannot earn. Should a full year pass while he is insolvent, the liability remains upon him until he can pay.
Every non-Muslim is barred from settling permanently in the Ḥijāz—namely Mecca, Medina, al-Yamāma, and their surrounding villages—although another opinion allows residence along its main routes. If someone enters without the imam’s permission, he is expelled and, if he knew of the prohibition, disciplined. Should he seek permission, it may be granted when this serves the Muslims’ interests, such as conveying a message or transporting needed goods. If it is