the regulations pertaining to the lands and infidel populations subjugated by jihad. This is the origin of the system of dhimmitude. The native infidel “dhimmi” (which derives from both the word for “pact”, and also “guilt” — guilty of religious errors) population had to recognize Islamic ownership of their land, submit to Islamic law, and accept payment of the Koranic poll tax (jizya), based on Koran 9:29. Al- Mawardi notes that “The enemy makes a payment in return for peace and reconciliation.” He then distinguishes two cases: (I) Payment is made immediately and is treated like booty, “it does, not however, prevent a jihad being carried out against them in the future.” (II). Payment is made yearly and will “constitute an ongoing tribute by which their security is established.” Reconciliation and security last as long as the payment is made. If the payment ceases, then the jihad resumes. A treaty of reconciliation may be renewable, but must not exceed 10 years. This same basic formulation was reiterated during a January 8, 1998 interview by Yusuf al-Qaradawi confirming how jihad continues to regulate the relations between Muslims and non-Muslims to this day.
The “contract of the jizya”, or “dhimma” encompassed other obligatory and recommended obligations for the conquered non-Muslim “dhimmi” peoples. Ibn Kathir’s important 14th century Koranic commentary describes the essence of the Koran’s mandate in verse 9:29 for submissive tribute, or “jizya,” under the heading, “Paying Jizya is a Sign of Kufr [unbelief] and Disgrace.” He elaborates, as follows:
Allah said, “until they pay the Jizya”, if they do not choose to embrace Islam, ‘with willing submission’, in defeat and subservience, “and feel themselves subdued”, disgraced, humiliated and belittled. Therefore, Muslims are not allowed to honor the people of Dhimma or elevate them above Muslims, for they are miserable, disgraced, and humiliated. Muslim recorded from Abu Hurayrah that the Prophet said, “Do not initiate the Salam to the Jews and the Christians, and if you meet them in a road, force them to its narrowest alley”. This is why the Leader of the faithful ‘Umar b. Al-Khattab [d. 644; the second “Rightly Guided” Caliph], may Allah be pleased with him, demanded his well-known conditions be met by the Christians, these conditions that ensured their continued humiliation, degradation, and disgrace.
Collectively, these “obligations” formed the discriminatory system of dhimmitude imposed upon non-Muslims — Jews, Christians, as well as Zoroastrians, Hindus, and Buddhists — subjugated by jihad. Some of the more salient features of dhimmitude include: the prohibition of arms for the vanquished dhimmis, and of church bells; restrictions concerning the building and restoration of churches, synagogues, and temples; inequality between Muslims and non-Muslims with regard to taxes and penal law; the refusal of dhimmi testimony by Muslim courts; a requirement that Jews, Christians, and other non-Muslims, including Zoroastrians and Hindus, wear special clothes; and the overall humiliation and abasement of non-Muslims. It is important to note that these regulations and attitudes were institutionalized as permanent features of the sacred Islamic law, or Sharia. The writings of the much lionized Sufi theologian and jurist al-Ghazali (d. 1111) highlight how the institution of dhimmitude was simply a normative, and prominent feature of the Sharia:
…the dhimmi is obliged not to mention Allah or His Apostle.. .Jews, Christians, and Majians [Zoroastrians] must pay the jizya [poll tax on non-Muslims]…on offering up the jizya, the dhimmi must hang his head while the official takes hold of his beard and hits [the dhimmi] on the protruberant bone beneath his ear [i.e., the mandible]… They are not permitted to ostentatiously display their wine or church bells…their houses may not be higher than the Muslim’s, no matter how low that is. The dhimmi may not ride an elegant horse or mule; he may ride a donkey only if the saddler-work] is of wood. He may not walk on the good part of the road. They [the dhimmis] have to wear [an identifying] patch [on their clothing], even women, and even in the [public] baths…[dhimmis] must hold their tongue.
The practical consequences of such a discriminatory system were summarized in A.S. Tritton’s 1930 The Caliphs and their Non-Muslim Subjects, a pioneering treatise on the status of the dhimmis:
…[C]aliphs destroyed churches to obtain materials for their buildings, and the mob was always ready to pillage churches and monasteries…dhimmis…always lived on sufferance, exposed to the caprices of the ruler and the passions of the mob…in later times..[t]hey were much more liable to suffer from the violence of the crowd, and the popular fanaticism was accompanied by an increasing strictness among the educated. The spiritual isolation of Islam was accomplished. The world was divided into two classes, Muslims and others, and only Islam counted…Indeed the general feeling was that the leavings of the Muslims were good enough for the dhimmis.