✍ Written by: Imran Ayyub Lahori
It is permissible to conclude peace with disbelievers (kuffār) through the imposition of jizyah (a tax on non-Muslims living under Islamic rule).
قَاتِلُوا الَّذِينَ لَا يُؤْمِنُونَ بِاللَّهِ وَلَا بِالْيَوْمِ الْآخِرِ وَلَا يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُ وَلَا يَدِينُونَ دِينَ الْحَقِّ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ حَتَّىٰ يُعْطُوا الْجِزْيَةَ عَن يَدٍ وَهُمْ صَاغِرُونَ
[Surah At-Tawbah: 29]
“Fight those who do not believe in Allah or the Last Day, nor forbid what Allah and His Messenger have forbidden, nor follow the religion of truth — among those who were given the Scripture — until they pay the jizyah with willing submission, and feel themselves subdued.”
① Hadith of Buraidah رضي الله عنه:
The Prophet ﷺ would instruct every commander of an army:
“Invite the enemy to three courses of action. Invite them to Islam; if they accept, then cease fighting. If they refuse, then invite them to pay the jizyah. If they accept, cease fighting. But if they reject both, seek help from Allah and fight them.”
[Sahih Muslim 1357–1358, Kitāb al-Jihād wa al-Siyar]
② Hadith of ʿAbd al-Raḥmān bin ʿAwf رضي الله عنه:
The Prophet ﷺ took jizyah from the Magians (Zoroastrians) of Hajar (the capital of Bahrain).
[Sahih al-Bukhari 3157; Sunan Abu Dawud 3043; al-Tirmidhi 1587; al-Nasa’i 5/234; Musnad Ahmad 1/190]
③ Hadith of al-Mughīrah bin Shuʿbah رضي الله عنه:
On the day of the battle of Nahāwand, he said to the Persian commander:
"أمرنا نبينا نقاتلكم حتى تعبدوا الله وتؤدوا الجزية"
“Our Prophet ﷺ has commanded us to fight you until you worship Allah alone and pay the jizyah.”
[Sahih al-Bukhari 3159]
④ Incident of Akīdar (the ruler of Dūmat al-Jandal):
When he was captured by Khālid bin Walīd رضي الله عنه and brought before the Prophet ﷺ,
"فحقن دمه وصالحه على الجزية"
“The Prophet ﷺ spared his life and made peace with him upon jizyah.”
[Sahih Abu Dawud 2621; al-Bayhaqi 9/187]
⑤ The Prophet ﷺ sent Abu ʿUbaydah bin al-Jarrāḥ رضي الله عنه to collect the jizyah from Bahrain after making a treaty with its people.
[Sahih al-Bukhari 2988; Sahih Muslim 2961; Musnad Ahmad 4/137]
Imam al-Zuhrī رحمه الله:
“The first to pay jizyah were the people of Najrān, and they were Christians.”
[Abu ʿUbayd, al-Amwāl, p. 67]
[Al-Mughnī 13/203; Al-Ikhtiyār 4/137; Fatḥ al-Bārī 6/393; Nayl al-Awṭār 5/125; Al-Rawdah al-Nadiyyah 2/763]
It is permissible to take jizyah from all disbelievers, Arab or non-Arab, except from apostates.
This is based on the Prophet’s ﷺ instruction to his commanders to take jizyah from all polytheists and the generality of the Qur’anic verse.
Shaykh al-Islām Ibn Taymiyyah رحمه الله also held this to be the correct opinion.
[As-Sayl al-Jarrār 4/570; Subul as-Salām 4/1797; Qāʿidah fī Qitāl al-Kāfir – Ibn Taymiyyah]
According to the majority of jurists, three conditions must be met for jizyah to be imposed:
① The person must be an adult (bāligh).
② The person must be free (not a slave).
③ The person must be male.
Hence, children, slaves, women, the insane, the very old, the incapacitated, and secluded monks are exempt from jizyah.
[Fatḥ al-Bārī 6/393; Nayl al-Awṭār 5/129; Al-Fiqh al-Islāmī wa Adillatuh 6/444; Subul as-Salām 4/1800]
These are ijtihādī (jurisprudential) issues, as there is no direct text specifying them. The difference arises over whether such individuals are subject to combat or not.
[Bidāyat al-Mujtahid 1/748]
① Hadith of Muʿādh bin Jabal رضي الله عنه:
The Prophet ﷺ said:
"فأمرني أن آخذ من كل حالم دينارًا أو عدله معافريًا"
“He instructed me to collect one dinar as jizyah from every adult or its equivalent in cloth (of Maʿāfir).”
[Sahih Abu Dawud 1394; Al-Tirmidhi 623; Al-Nasa’i 5/26; Al-Hakim 1/398; Al-Bayhaqi 4/98; Musnad Ahmad 5/230]
② The Prophet ﷺ made peace with the Christians of Najrān on condition that they would pay two thousand garments yearly — half in the month of Ṣafar and half in Rajab.
[Weak: Abu Dawud 3041; Al-Bayhaqi 9/187]
③ Caliph ʿUmar رضي الله عنه categorized the jizyah as follows:
① Wealthy – 48 dirhams
② Middle class – 24 dirhams
③ Poor – 12 dirhams
[Ibn Abī Shaybah 12/241; Al-Bayhaqi 9/196]
④ Mujāhid رحمه الله said:
When asked why the People of the Book in Syria paid four dinars, while those in Yemen paid one dinar, he replied:
“Because the disbelievers of Syria were wealthier.”
[Sahih al-Bukhari 3156]
[Al-Mughnī 13/211; Badāʾiʿ al-Ṣanāʾiʿ 7/112; Al-Durr al-Mukhtār 3/292; Bidāyat al-Mujtahid 2/749]
Summary
◈ Jizyah is a legitimate means of peace and security between Muslims and non-Muslims.
◈ It signifies the acceptance of Muslim governance and protection of life and property.
◈ Its imposition depends on the ruler’s discretion, social conditions, and the economic capacity of the payer.
◈ Exemptions apply to women, minors, slaves, and the incapacitated.
◈ The obligation ceases upon embracing Islam or death.
❖ Legitimacy of Establishing Peace through Jizyah
It is permissible to conclude peace with disbelievers (kuffār) through the imposition of jizyah (a tax on non-Muslims living under Islamic rule).
① Evidence from the Qur’an
قَاتِلُوا الَّذِينَ لَا يُؤْمِنُونَ بِاللَّهِ وَلَا بِالْيَوْمِ الْآخِرِ وَلَا يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُ وَلَا يَدِينُونَ دِينَ الْحَقِّ مِنَ الَّذِينَ أُوتُوا الْكِتَابَ حَتَّىٰ يُعْطُوا الْجِزْيَةَ عَن يَدٍ وَهُمْ صَاغِرُونَ
[Surah At-Tawbah: 29]
“Fight those who do not believe in Allah or the Last Day, nor forbid what Allah and His Messenger have forbidden, nor follow the religion of truth — among those who were given the Scripture — until they pay the jizyah with willing submission, and feel themselves subdued.”
② Evidence from the Sunnah
① Hadith of Buraidah رضي الله عنه:
The Prophet ﷺ would instruct every commander of an army:
“Invite the enemy to three courses of action. Invite them to Islam; if they accept, then cease fighting. If they refuse, then invite them to pay the jizyah. If they accept, cease fighting. But if they reject both, seek help from Allah and fight them.”
[Sahih Muslim 1357–1358, Kitāb al-Jihād wa al-Siyar]② Hadith of ʿAbd al-Raḥmān bin ʿAwf رضي الله عنه:
The Prophet ﷺ took jizyah from the Magians (Zoroastrians) of Hajar (the capital of Bahrain).
[Sahih al-Bukhari 3157; Sunan Abu Dawud 3043; al-Tirmidhi 1587; al-Nasa’i 5/234; Musnad Ahmad 1/190]③ Hadith of al-Mughīrah bin Shuʿbah رضي الله عنه:
On the day of the battle of Nahāwand, he said to the Persian commander:
"أمرنا نبينا نقاتلكم حتى تعبدوا الله وتؤدوا الجزية"
“Our Prophet ﷺ has commanded us to fight you until you worship Allah alone and pay the jizyah.”
[Sahih al-Bukhari 3159]④ Incident of Akīdar (the ruler of Dūmat al-Jandal):
When he was captured by Khālid bin Walīd رضي الله عنه and brought before the Prophet ﷺ,
"فحقن دمه وصالحه على الجزية"
“The Prophet ﷺ spared his life and made peace with him upon jizyah.”
[Sahih Abu Dawud 2621; al-Bayhaqi 9/187]⑤ The Prophet ﷺ sent Abu ʿUbaydah bin al-Jarrāḥ رضي الله عنه to collect the jizyah from Bahrain after making a treaty with its people.
[Sahih al-Bukhari 2988; Sahih Muslim 2961; Musnad Ahmad 4/137]Imam al-Zuhrī رحمه الله:
“The first to pay jizyah were the people of Najrān, and they were Christians.”
[Abu ʿUbayd, al-Amwāl, p. 67]❖ Opinions of Scholars
- Imam Ahmad رحمه الله: Jizyah is accepted only from the People of the Book and the Magians. Others must either embrace Islam or face battle.
- Imam al-Shāfiʿī رحمه الله: Jizyah may be taken from the People of the Book and the Magians, whether Arab or non-Arab.
- Imam Mālik & Imam al-Awzāʿī رحمهما الله: Jizyah is to be taken from all disbelievers, Arab or non-Arab.
- Ḥanafī Jurists: It is not taken from Arab polytheists — though the hadith of Akīdar (an Arab ruler) contradicts this.
[Al-Mughnī 13/203; Al-Ikhtiyār 4/137; Fatḥ al-Bārī 6/393; Nayl al-Awṭār 5/125; Al-Rawdah al-Nadiyyah 2/763]❖ Preferred (Rājiḥ) Opinion
It is permissible to take jizyah from all disbelievers, Arab or non-Arab, except from apostates.
This is based on the Prophet’s ﷺ instruction to his commanders to take jizyah from all polytheists and the generality of the Qur’anic verse.
Shaykh al-Islām Ibn Taymiyyah رحمه الله also held this to be the correct opinion.
[As-Sayl al-Jarrār 4/570; Subul as-Salām 4/1797; Qāʿidah fī Qitāl al-Kāfir – Ibn Taymiyyah]❖ Conditions for Jizyah
According to the majority of jurists, three conditions must be met for jizyah to be imposed:
① The person must be an adult (bāligh).
② The person must be free (not a slave).
③ The person must be male.
Hence, children, slaves, women, the insane, the very old, the incapacitated, and secluded monks are exempt from jizyah.
[Fatḥ al-Bārī 6/393; Nayl al-Awṭār 5/129; Al-Fiqh al-Islāmī wa Adillatuh 6/444; Subul as-Salām 4/1800]These are ijtihādī (jurisprudential) issues, as there is no direct text specifying them. The difference arises over whether such individuals are subject to combat or not.
[Bidāyat al-Mujtahid 1/748]❖ Amount of Jizyah
① Hadith of Muʿādh bin Jabal رضي الله عنه:
The Prophet ﷺ said:
"فأمرني أن آخذ من كل حالم دينارًا أو عدله معافريًا"
“He instructed me to collect one dinar as jizyah from every adult or its equivalent in cloth (of Maʿāfir).”
[Sahih Abu Dawud 1394; Al-Tirmidhi 623; Al-Nasa’i 5/26; Al-Hakim 1/398; Al-Bayhaqi 4/98; Musnad Ahmad 5/230]② The Prophet ﷺ made peace with the Christians of Najrān on condition that they would pay two thousand garments yearly — half in the month of Ṣafar and half in Rajab.
[Weak: Abu Dawud 3041; Al-Bayhaqi 9/187]③ Caliph ʿUmar رضي الله عنه categorized the jizyah as follows:
① Wealthy – 48 dirhams
② Middle class – 24 dirhams
③ Poor – 12 dirhams
[Ibn Abī Shaybah 12/241; Al-Bayhaqi 9/196]④ Mujāhid رحمه الله said:
When asked why the People of the Book in Syria paid four dinars, while those in Yemen paid one dinar, he replied:
“Because the disbelievers of Syria were wealthier.”
[Sahih al-Bukhari 3156]❖ Juristic Positions on the Amount
- Shāfiʿī: Minimum is one dinar, but the ruler may increase it as he deems fit.
- Aḥmad & Abū Ḥanīfah: Follow the three-tier system of ʿUmar رضي الله عنه.
- Mālik: The rich pay 4 dinars or 40 dirhams, the poor 1 dinar or 10 dirhams.
- Thawrī, ʿAṭāʾ, Yaḥyā, Abū ʿUbayd: No fixed amount; whatever is mutually agreed upon suffices.
[Al-Mughnī 13/211; Badāʾiʿ al-Ṣanāʾiʿ 7/112; Al-Durr al-Mukhtār 3/292; Bidāyat al-Mujtahid 2/749]❀ Additional Rulings
- Any form of wealth may be accepted as jizyah, as seen from the Prophet’s ﷺ instruction to Muʿādh رضي الله عنه.
- It is permissible to stipulate that dhimmīs host Muslim travelers, as ʿUmar رضي الله عنه did.
[Al-Bayhaqi 9/196] - A Muslim owner is not required to pay jizyah on behalf of his non-Muslim slave.
[Al-Mughnī 13/220] - Upon embracing Islam, jizyah is nullified by consensus.
- Ḥanafīs and Mālikīs: Jizyah is also cancelled by death.
- Shāfiʿīs and Ḥanbalīs: It remains due, to be paid from the deceased’s estate like a debt.
[Al-Fiqh al-Islāmī wa Adillatuh 6/449; Al-Mughnī 13/221]
Summary◈ Jizyah is a legitimate means of peace and security between Muslims and non-Muslims.
◈ It signifies the acceptance of Muslim governance and protection of life and property.
◈ Its imposition depends on the ruler’s discretion, social conditions, and the economic capacity of the payer.
◈ Exemptions apply to women, minors, slaves, and the incapacitated.
◈ The obligation ceases upon embracing Islam or death.
