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Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Vol.5 No.1 januari 2021 Page 50-55 Online ISSN : 2540-8402 | Print ISSN : 2540-8399

REVIEWING THE CONCEPT OF JIZYAH: A THEORETICAL APPROACH TO HISTORY Mohammad Ghozali, Wahyu Nugroho Universitas Darussalam Gontor [email protected], [email protected]

Abstract In the treasures of Islamic , recognize many State income instruments, one of which is jizyah, which is a contribution that must be paid by unbelievers who settled in the to obtain protection and guarantee that they will live there. With the continued development of science and culture, some scholars state that jizyah is only imposed on the book's people, and jizyah is a form of oppression for non-Muslims, even though this is not true. So, this research seeks to present historical facts taken from history books and research that discuss jizyah. This type of research is a literature review using descriptive qualitative methods. As for the results of the study, that the initial stipulation of jizyah was at the time of the Prophet precisely after the Tabuk war event in 9 H. Then the jizyah continued during the time of Khulafa Rasyidin and continued to grow, especially during the Caliph Umar regarding the provisions of jizyah applicable from those previously imposed on group representation to each capable non-Muslim people. Then, jizyah's wisdom and purpose are contained in Al- At-Taubah verse 29, that with the existence of jizyah, the non-Muslims are given life protection in an Islamic state. With jizyah, non-Muslims get , comfort, convenience in dealing with Muslims, , and security guarantees for their .

Keywords: State Revenue, Jizyah, Islamic State, Security Guarantee

I. Introduction object is merchandise, both incoming and The first leader of the Islamic outgoing ). (Mannan, 1995) in was Implementing those state revenues SAW, the messenger of SWT in made the Islamic State a state that protects spreading . Besides, he was known to all the people equitably. Not limited by be good at political strategy. (Hart, 2017) Muslims, but also non-Muslims. In other One of the economic policies implemented words, this is a form of justice in a country, by him was determining the source of state so that the realization of benefits in the revenue consisting of , ghanimah economic, social, political, and other fields (spoils of war), and jizyah. And also, in the will be achieved. (Gusfahmi, 2007) caliph period, there was not much different In the development of science and kind of state revenue. However, during culture, some scholars have misunderstood Caliph Umar ibn Khattab, there was no war, the history, wisdom, and purpose of jizyah. so there was also no ghanimah accompanied As explained in Adian Husaini's book by the expansion of Islamic territory. He (Adian Husaini, 2002), that is, they interpret then made to determine state revenue, jizyah as levies that are specifically aimed at which consists of three forms: jizyah, al- the ahlul kitab, namely non-muslims who (the object island managed by have holy books, and do not apply to non- Muslims and non-muslims), and 'usyur (the muslims who worship fire, statues, animals,

Received: 2020-11-18 | Reviced: 2020-12-15 | Accepted: 2020-12-28 Indexed : Sinta, DOAJ, Garuda, Crossref, Google Scholar | DOI: https://doi.org/10.29313/amwaluna.v5i1.6363

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Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Vol.5 No.1 Januari 2021 Page 50-55

or other items. Besides, according to Sayed (Abu Dawud 1582, Turmidzi, hadith Afzal (Peerzade, 2010), there is an opinion 1513) that defines jizyah as a form of leasing, and Actually, jizyah's concept already exists there are those who think that a jizyah is a much before the advent of Islam, which is form of punishment for non-Muslims. Thus, the country that lost obliged to pay to this misunderstanding of jizyah needs to be the country that wins, like the Roman, corrected because it can create Muslims' Persian, and Greek obliging residents state negative perceptions. conquered to pay to them. After the Based on the brief description above, arrival of Islam, the form of tribute was the researcher will explain jizyah's concept, maintained, but Islam made changes. the history of jizyah originating and (Muhammad Iqbal, 2014). In Muhammad's developing, and what impact it has. As for period, jizyah is a imposed on non- the answer, researchers will try to explain Muslims, especially to the dzimmy non- the history and concept of jizyah by muslims. collecting primary data from the history of Al-Mawardi in his book Ahkam Islamic civilization books, especially Sulthaniyah: Islamic Khilafah Government Islamic , and scientific papers System, explains the conditions that must be relating to the jizyah then conclude. fulfilled by the dzimmy in an agreement with Muslims (jizyah), namely: not Method mentioning the Qur’an to insult and change This research seeks to present historical it, not mentioning the name of the Prophet facts taken from historical books and with the aim of deniers and abusing it, may researches which discuss jizyah. This not refer to Islam with disdain and humiliate, research is a literature review, which is taken not accused of adultery against Muslim from the famous literature of Islamic history women or admit to marry them, should not books (Thurats) with descriptive qualitative interfere with Muslims because of their methods. , they should not help the enemy forces and protect them. (Al-Mawardi, II. Discussion 2014) . Definition of Jizyah. in terminology The Provisions of Jizyah Collection اﻟ ِﺠ ْﺰﯾَﺔُ Al-jizyah interpreted as tax, a tax taken from From the description of jizyah that has dzimmiy non-muslims. (Abadi, 2005) While been explained above, there needs to be underlined that the Muslims are exempted ِﺟ ْﺰ ٌى - َو ِﺟ ًﺰى – jizyah comes from the word which means giving a reply. (Dhoif, from the imposition of jizyah because , َو ِﺟ َﺰا ٌء 2004). Muslims are obliged to undergo military According to history, the beginning of service that risks their lives for the defense the order of jizyah is written in the Qur’an of the country. When viewed further, surah at-Taubah verse 29, which means: " ... Muslims also pay like taxes (zakat, infaq, until they pay the jizyah obediently while shadaqah). Actually, this is much more they are in a state of submission ... " expensive than jizyah because it is charged Moreover, based on the which tell with a rating of 2.5% of all annual savings. about the beginning of jizyah discovered (, 2013b) that jizyah was implemented for the Magi: Although generally jizyah is issued in the form of , Muhammad SAW has ...أَن اﻟﻨﱠﺒِﻲ ﺻﻠﻰ ﷲ َﻋﻠَ ْﯿ ِﮫ َوﺳﻠﻢ أَﺧﺬ ا ْﻟ ِﺠ ْﺰﯾَﺔ ﻣﻦ ,also applied it in goods. According to Jajuli سﻮﺠﻣ ﺮﺠھ . . . اور( ه ا ﻟ ىرﺎﺨﺒ أو ﻮﺑ دواد او ﻟ يﺬﻣﺮﺘ ) who quoted from Ahmad Ali's book, that Meaning: "... Surely the Prophet this practice was carried out by the Prophet Muhammad SAW (has) taken jizyah from when he agreed with Bani Najran, the Magi who live in the land of Hajar." stipulating that jizyah was paid in the form Online ISSN : 2540-8402 | Print ISSN : 2540-8399 51

Mohammad Ghozali, Wahyu Nugroho: Reviewing The Concept Of Jizyah: A Theoretical. of 2000 pieces of clothing by submitting paying jizyah because, basically, jizyah is 1000 pieces paid in the month of Rajab, then collected according to their economic the rest in the month of Safar, and the time conditions. Among the freed groups are of payment added with an ounce of silver. those who cannot fight, namely: women, (July 2016) children, older people, disabled, paralyzed, Also, in the commentary of Imam poor people who are unable to do , Shafi'i written by Mustafa Al-Farran, he monks, and many more. (Ali, 2013a). Thus, wrote that "Muhammad SAW is an there is no discrimination against non- explanation of what Allah SWT means. Muslims because the jizyah provision is Therefore, Rasulullah SAW drew jizyah only imposed on those who can afford it. from rich people as much as one dinar per If among the non-Muslim who has an year, or it could be cloth (goods) worth one obligation to pay jizyah not working, they dinar.” (Al-Farran, 2008) Thus, it is clear are not forced to pay and will be donated that this is a form of relief and convenience baitul mal. (Sholihin, 2010) . Furthermore, in paying jizyah to create justice for people if those who have an obligation to pay jizyah living in a country. to die, this obligation becomes null and void A scientific paper by Ziauddin Ahmed and does not fall on the heirs. (Mahmud, concluded that in the Qur’an, jizyah was 1996) important as the handover by non-Muslim in Concerning their rights, they are groups or by paying certain exempted from military service and defend financial obligations to the Islamic Islam because this is Muslim citizens' . territory's authority. So, as a financial Meanwhile, some fuqaha argue that if the obligation, the state played an important role Islamic state cannot provide them with in determining jizyah as a policy appropriate protection, their jizyah is returned. Besides to the circumstances at that time. (Ahmed, that, they can still own their land and inherit 1975). it, and also sell and buy it or give it away. However, there is a difference of (Mahmud, 1996). opinions among the in interpreting Based on the explanation above, jizyah the jizyah collection provisions. According is not oppressive, rigid, coercive, and to , jizyah was collected from all non- without a clear purpose. However, history Muslim groups. Second, according to Imam proves that it is more than that. Because Shafi'i, jizyah was only collected from ahlul actually, jizyah is dynamic according to kitab from Arabia or not and the Magi, but it circumstances. As explained by Taqiyuddin was not imposed on pagan. Third, Ibnul an-Nabhani (An-Nabhani, 2002), Jizyah is Qayyim al-Jauziyah refuted Shafi'i's opinion not coercive and rigid without cause. In fact, that the collection of jizyah applies to all it is dynamic. Because jizyah was not polytheists. There is no difference in priority stipulated in a certain amount, the provisions between groups of non-muslims. (Adian of jizyah were submitted to the policy and Husaini, 2002) ijtihad of caliphs, which does not exceed the According to (Mahmud, 1996), the person subjected to it jizyah. rights and obligations of non-Muslim citizens living in an Islamic country, Jizyah at the time of the Prophet namely, Jizyah, is an obligation for those Muhammad whose countries have been conquered by In history, jizyah was only made Muslims given rights to their circumstances. compulsory after the 8th year of Hijriyah. Thus, Muslims must maintain the souls and When the jizyah has been revealed, as assets of non-Muslims. said by Imam Ibnul Qayyim. This is the Apart from determining the jizyah opinion of Imam Abu Hanifah and one of criteria, some groups are exempted from Imam Ahmad. (, 2003) So, it should be

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Amwaluna: Jurnal Ekonomi dan Keuangan Syariah Vol.5 No.1 Januari 2021 Page 50-55 understood that jizyah was only prescribed make the institution well-organized. (Al- after the Tabuk war (8 H), namely in the 9th Haritsi, 2006) At the time of Umar, three year of Hijriyah. At that time, the Prophet groups of assets were given as , namely: Muhammad applied it to Najran Christians zakat (intended for eight groups), ghanimah and Yemeni . It was not imposed on the (spoils of war), and the last one was fai' Jews of Medina because Medina's Jews had (property from non-Muslims). As for jizyah, made peace with Rasulullah SAW before he it is included in the category of fai' because declared jizyah on them. (Al-Quraibi, 2009) the meaning is assigned to every dhimmiy At the Prophet's time, in every event of non-muslims, and through which their blood an agreement with non-muslims, both Jews, and property are protected. (Al-Haritsi, Christians, and the Magi, jizyah was only 2006) borne by their government. The goal is a History records that Umar has condition of peace for them and, at the same succeeded in implementing good and fair time as the payoff for their safety in Muslim supervision in terms of state revenue. For countries. However, at the time of Umar, the example, Umar had severely punished his terms of payment of the jizyah were changed employees in for taking khamr as a based on ijtihad, which is jizyah applied to substitute for jizyah. Another example is individuals who are eligible and able to pay determining the amount of jizyah in jizyah. (Ali, 2013a). at 1 dinar per person, in and Rome at 4 dinars. For those in As-Sawad (Iraq), a Jizyah during the Khulafaurrasyidin jizyah of 48 dirhams was applied. There is a Period. difference in the number of jizyahs based on The agreements made by the Prophet their abilities. (Al-Haritsi, 2006). with non-Muslims continued in the next period. At the time of the Caliph , The Purpose of Enacting Jizyah the agreement with the Christians in Najran, Europeans' mistake regarding Islam is there was no change in name and provisions that the Koran gives only two options to in his agreement with the Prophet. However, non-Muslims in an agreement with during the Caliph Umar ibn Khattab period, Muslims, namely embracing Islam or die. they were exiled from Yemen to Kufa So, this is clearly wrong, because in fact, in because they tried to betray the State and the Koran surah At-Taubah verse 29, it has their penchant for . To relinquish the been explained that they are allowed to live dhimmiy's responsibility to them by the in a country that has been conquered by Prophet, Caliph Umar granted the release of Muslims, on condition that they fulfill jizyah the jizyah for two years, then ordered them as a guarantee of life in an Islamic state. some land in Iraq. As for the Caliph, Utsman (Ali, 2013a) and Ali continued from the previous According to Yusuf Qardhawi, the Caliph's policies. (Ahmed, 1975). purpose of having jizyah is to guarantee the Viewed from the practice, jizyah is safety of life, property, freedom to practice referred to as a tax imposed on non-Muslims worship as well, like an exemption for them when living in an Islamic country, which from military service. (Qardhawi, 1997) guarantees them to get security, comfort, Thus, it can be concluded that in Islam, there ease of transactions with Muslims, welfare, is no discrimination against every non- and a guarantee of security for their assets. Muslims, but Islam brings peace to (July, 2016) humanity. With the continued expansion of the The smart book of Economics area of Islamic rule, during the time of the wrote that the purpose of implementing Caliph Umar ibn Khattab, he improved the jizyah is as a right given by Allah SWT to Baitul Maal's performance. It is quoted in a Muslims from non-Muslims because of their book that Umar ibn Khattab was the first to submission to the . Also, Online ISSN : 2540-8402 | Print ISSN : 2540-8399 53

Mohammad Ghozali, Wahyu Nugroho: Reviewing The Concept Of Jizyah: A Theoretical.

it must be taken after passing one year and was changed. That is, this obligation (stipulated from to Dzulhijjah). was only applied to non-Muslims who were So, jizyah is obligatory, but if they embrace able to live in Muslim conquered areas as a Islam, then jizyah over them will be null and guarantee of their condition to carry out their void. (Sholihin, 2010) daily activities. Thus, when viewed in its provisions, The accusation of interpreting jizyah as especially in terms of time, the jizyah was an act of discrimination constitutes slander impressed as zakat was fulfilled to the against Islam. Because history has proven Muslims that apply to every . It that Islam does not oppress and do not was obligated for those capable and have frighten people who do not follow Islamic passed one year. However, in principle, the rules, but Islam protects those who need other terms and conditions are different protection. One example is jizyah's because zakat is a form of worship, which is application, which is the obligatory payment Allah's command to Muslims. At the same for non-Muslims to issue money or goods of time, jizyah has a limited policy from the the same value as their loyalty to state power ruling leader at that time. without harming themselves in the slightest. The next purpose, jizyah as a form of The aim is to ensure the security and citizen participation in financing national protection of their survival in a Muslim interests, the results of which are enjoyed by country, as a form of citizen participation in all levels of . Naturally, non-Muslims financing national interests, and to illustrate are asked to take part in what is known as that a jizyah is a form of tolerance for non- jizyah (Qardhawi, 2010). Thus, jizyah's Muslims who provides an opportunity to existence is not enforced on the interests of receive Islamic guidance. one-sided or a group of groups who can feel the jizyah, but as a form of non-Muslim Reference participation to guarantee the peace of life in Abadi, F. (2005). Al-Qamus Al-Muhith a country. (Ke-8). Beirut: Al-Resalah Publisher. Then, jizyah is part of tolerating minor damage (i.e., leaving them in disbelief). In Adian Husaini, N. H. (2002). Islam fact, they have the potential to gain Liberal: Sejarah, Konsepsi, goodness. That is, if a non-Muslim is killed, Penyimpangan, dan Jawabannya. it will be closed for his faith and happiness Jakarta: Gema Insani. in heaven because he becomes an eternal non-Muslims in hell, as well as the Ahmed, Z. (1975). Jizyah In Early Islam. resentment of Allah SWT. However, with , 14(4), 293–305. jizyah, there is still a possibility for them to believe in the future, especially after seeing Al-Farran, S. A. M. (2008). Imam the virtues of Islam. (Qardhawi, 2010). Syafi’i. Jakarta: Almahira. Al-Haritsi, J. bin A. (2006). Fikih Ekonomi III. Conclusion Umar bin Al-Khathab. Jakarta: Based on the explanation above, it can Khalifa. be concluded that the jizyah is an adoption of the of the Romans, Persians, and Al-Mawardi, I. (2014). Ahkam Sulthaniyah: Greeks, namely contributions to residents in Sistem Pemerintahan Khilafah Islam a conquered area or who have been defeated, (K. Fath & Fathurrahman, trans.). in other words, the tribute from war. Jakarta: Qisthi Press. However, when the Prophet Muhammad Al-Quraibi, I. (2009). Tarikh Khulafa. was carrying out the mandate of bringing revelation and a leader, the jizyah continued Jakarta: Qisthi Press.

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