Ahl al-Dhimma (the protected non-Muslim subjects of an Islamic state, their covenant, rights, duties and limits)

أهل الذمة

Ahl al-dhimma are non-Muslim subjects who remain in the land of Islam in their unbelief under a covenant with the imam, granting them safety for life and property in return for the poll tax and their submission to the rules of Islam. 12 The dhimma is acquired by contract, by circumstance, by following a parent, by being found as a foundling, or by conquest. 23456 The jurists agree that a covenant may be made with the People of the Book and the Magians; the Hanafis and Malikis allow it for all unbelievers except idolaters, while the Shafi'is and Hanbalis in the sounder view do not. 37 The covenant is perpetual, the protected person accepts the rules of Islam in dealings, and the men pay the poll tax. 7 The general rule is that they have what we have and owe what we owe, though it is not applied without exception. 68 They have the protection of the state and safe residence, but may not settle permanently in Mecca and Medina. 8 They may choose their work and deal in property, with exceptions such as wine and pork, and a Muslim may not hire himself out for personal service; their testimony is not accepted against Muslims. 91011 They owe the poll tax, the land tax and the tithe on trade, and may not show in Muslim cities what Islam forbids; they are distinguished in dress. 1213 The covenant is broken by joining the land of war and by refusing the poll tax in the view of the majority, and by other acts in the views of the schools. 1415

Depth

At a glance

Era
The Prophetic Era
Region
Global / Diaspora
Review
Draft Completeness 1/5 · Help complete it

Non-Muslim minorities under Muslim rule

Definition

Dhimma is lexically safety and covenant, and the dhimmi is one under covenant. In law it is the state of a non-Muslim who remains in the land of Islam in his unbelief, under a covenant with the imam that secures his life and property in return for the poll tax and his submission to the rules of Islam. 12

Related terms

  • The People of the Book: Jews and Christians and those of their faith; the protected people may be of them or of others, such as the Magians. 2
  • Musta'manun (those under safe-conduct): those who enter the land of Islam under a temporary safe-conduct, while the dhimma is perpetual. 23
  • Ahl al-harb: unbelievers for whom there is neither dhimma nor safe-conduct. 3

How the dhimma is acquired

  • By contract: the unbeliever is allowed to remain in his unbelief on paying the poll tax and accepting the worldly rules of Islam; it is concluded by the imam or his deputy, though the Hanafis allow any Muslim. 3
  • By circumstance: a year's residence in the land of Islam, by the Hanafis, Shafi'is and Hanbalis; marriage of a combatant woman under safe-conduct to a Muslim or protected man, by the Hanafis; and buying land liable to the land tax, by the Hanafis. 1645
  • By following another: minor children and a wife follow the father or husband; a foundling found in a place of the protected people is a protected person. 56
  • By conquest, where the ruler leaves the people of the land under the dhimma. 6

Who may be granted a dhimma

  • The jurists agree that it may be granted to the People of the Book and the Magians, and not to an apostate. 3
  • The Hanafis and some Malikis and Hanbalis allow it to all unbelievers except the idolaters of the Arabs. 7
  • The Shafi'is and, in the prevailing view, the Hanbalis allow it only to the People of the Book and the Magians. 3
  • The prevailing Maliki view allows it to every kind of unbeliever. 7

Conditions of the covenant

It must be perpetual by the majority; the protected person must accept the rules of Islam in dealings; and the men must accept paying the poll tax each year. 7 Al-Mawardi, a Shafi'i, lists six conditions: that they not disparage the Qur'an, not disparage the Prophet ﷺ, not revile Islam, not violate a Muslim woman, not tempt a Muslim from his religion, and not aid the enemy or shelter spies. 716

Rights

  • Protection and safe residence in the land of Islam; they may not settle permanently in Mecca or Medina, by agreement. 68
  • Places of worship depend on the city: a city founded by the Muslims admits no new church by consensus; a city conquered by force admits none, though existing ones are not destroyed in some views; a city taken by treaty follows its terms. 1718
  • Their worship and beliefs are left to them when practised among themselves and not openly. 18
  • They may choose their work and trade as Muslims do, except offices that require Islam, such as the caliphate and command in war. 9
  • They deal in property as Muslims do, subject to the prohibition of usury and invalid contracts; they may deal in wine and pork among themselves privately, and the jurists differ on compensating their destruction. 91011
  • Testimony: their testimony is not accepted against Muslims by agreement, and the Hanafis accept it among themselves, while the majority do not. 1920
  • Marriage: a Muslim man may marry a Jewish or Christian woman, and a Muslim woman may not marry a non-Muslim. 201412
  • Judgement: by the majority they may not be appointed judges over their own people; the Hanafis allow it in matters open to arbitration. 2122

Duties

  • The poll tax: due from a free, adult male; not from children, women or the insane. 12
  • The land tax on land, either a fixed tax by area or a share of produce. 13
  • The tithe on goods in trade carried from one city to another within the land of Islam, at half the tenth. 13

Prohibitions

  • To speak ill of God, His book, His Prophet or His religion; the majority hold that failure to refrain breaks the covenant, the Hanafis do not. 13
  • To display the sale of wine and pork in Muslim cities, or to display what they hold forbidden. 1319
  • To be distinguished in dress, mounts and clothing, as a mark of their lesser standing. 13

Crimes and penalties

  • The hadd penalties apply to them as to Muslims, except that they are not punished for drinking wine unless they display it. 1319
  • Stoning: the Shafi'is, Hanbalis and Abu Yusuf treat them equally with Muslims; Abu Hanifa and Malik do not stone a married protected person. 19
  • Retaliation: a protected person is put to death for killing a Muslim by the majority, and a Muslim is not put to death for killing one by the Shafi'is and Hanbalis; the Hanafis allow retaliation. 2014
  • Blood money: no difference between a Muslim and a protected person in blood money for accidental killing, paid by the killer's group. 20
  • Discretionary penalties: fixed by the ruler for both, according to the offence. 14

What breaks the covenant

  • Joining the land of war or taking a fortress from which the Muslims are attacked, by agreement. 14
  • Refusal to pay the poll tax, which breaks the covenant by the majority and not by the Hanafis. 14
  • Other acts named by the schools: defiance of the rules, adultery with a Muslim woman, and reviling Islam; the Hanafis hold that a secret insult to the Prophet does not break the covenant. 1415

People and things also explored

Christianity in Arabia before Islam· Dhimma (the covenant of protection)· Hijaz in the jurists' rulings· Jizya (capitation on treaty peoples)· Judaism in Arabia before Islam· Monk (rahib): his killing in jihad and the jizya on monks· Ta'liya (building above another building)· Tasliib (crucifixion as a punishment, and the cross as an object)

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3616
  2. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3617
  3. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3618
  4. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3621
  5. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3622
  6. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3623
  7. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3619
  8. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3624
  9. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3627
  10. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3628
  11. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3629
  12. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3630
  13. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3631
  14. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3634
  15. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3635
  16. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3620
  17. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3625
  18. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3626
  19. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3632
  20. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3633
  21. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3636
  22. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.3637
Cite this page

islam.museum contributors. “Ahl al-Dhimma (the protected non-Muslim subjects of an Islamic state, their covenant, rights, duties and limits)”. islam.museum, https://islam.museum/en/concept/ahl-al-dhimma/. CC BY-SA 4.0. Last updated 2026-10-23.

Improve this page on GitHub · Report an error · JSON

Wing

Ideas

Beliefs, concepts, sciences and schools, explained in plain words.
Related

Christianity in Arabia before Islam

Christianity came to Arabia through the Abyssinian and Roman occupations in al-Raheeq al-Makhtum's account: Christian missions entered Yemen during the first Abyssinian occupation, Najran was converted by the ascetic Faymiyun, Abraha spread it vigorously and built the Yemeni Kaaba to divert the Arabs' pilgrimage, and the Ghassanids, Taghlib, Tayy and some kings of al-Hira adopted it from their proximity to the Romans.