The So-Called Juridical Rules About the Dhimmis

The first restriction which the jurists were inclined to impose because of a number of reasons was to establish a visible mark of distinction between the Muslim and non-Muslim citizens.

1) The mentality which led to the application of this distinction demanded that these signs of distinction should be derogatory to the Dhimmis so as to make them appear inferior to the Muslims. The author of Hidayah, discussing the necessity of establishing such a distinction writes:

"The Dhimmis should be forced not to imitate the Muslims in dress, and not to have similar mount nor to saddle them. They should, in fact, be better advised to be different from the Muslims in their use."1

Next follow the details of this distinction. For example, "The dress of the Dhimmis should be of a coarse quality; it should not be silken or of other costly fibre. Their shirts should not be low; shoes should be ugly and ill-shaped and should be made of something rough and coarse, they should have a finger-thick, woollen waistband of prescribed specification. This waistband was formally known as Kastij which is an ancient Persian word and means, humiliation and insult. That is why this band could not be of silk because silk adds to gracefulness, and therefore defeats the very purpose, which is to disgrace and humiliate Dhimmis; otherwise, too, it produces in the poorer Muslims a sense of inferiority. Also the Dhimmis must not wear robes which the Muslims wear. They should also not be allowed to wear the dress of the learned and the scholar.2

2) The second distinction pertains to the mounts that the Dhimmis should possess. It was laid down that they could, however, ride a mule or a donkey. Even then they could not use saddle meant for horse, instead they should use only an inferior kind of saddle meant for pack animals. Some jurists have gone to the length of insisting that the Dhimmis should not use any animals as mounts. They permit its use only in cases of extreme emergency, for instance, when a patient is to be removed or when the journey is very long. But even then they are required to dismount and walk on foot when they pass a Muslim colony."3

3) The third article lays down that the Dhimmis should affix prescribed signs on their houses as marks of distinction so that everybody should know that they belong to Dhimmis. This would save Muslims from inadvertently praying for their forgiveness. Again, their houses should in no way be higher than the houses of Muslims. Muslim women should observe purdah from the Dhimmi women as they do from the men. If any Dhimmi woman tries to see a Muslim woman, she should be punished. The paths and baths for Muslim and Dhimmi women should be kept separate, so that there is no intermixing among them. The Dhimmis should not be greeted first. They should be told not to walk in the middle of the roads. A Dhimmi should not be allowed to sit if a Muslim is standing. If he keeps on sitting he should be regarded disrespectful and arrogant. The Muslims should never show any respect for the Dhimmis.4

4) It was proposed that the Dhimmis could not erect their places of worship and cemeteries in Darul Islam. Old buildings could however, be renovated but without any structural addition. The Dhimmis are not allowed to build new places of worship because according to traditions Islam does not permit it. Darul-Islam means a town or a village where congregational prayers of Jumu‘ah and ‘Id are offered; and arrangements exist for the execution of sentences. According to some, Muslim towns are of three kinds: (a) Those founded by the Muslims themselves for instances; Basrah, Kufah, Baghdad, Wasat, etc. Non-Muslims will not be allowed to build their houses of worship in such cities. Nor will they be allowed to carry out their religious activities in open. (b) The cities which the Muslims conquered. Here, too, the Dhimmis are not allowed to build their temples. (c) Cities acquired peacefully through treaties. Here the authorities should act as the terms of agreement demand. They are, however, advised that they should try not to agree to a treaty that gives this right to the Dhimmis. In case this right is given, they should try to avoid its implementation. In their religious festivals, too, the Dhimmis are not allowed to take out procession of their idols, images or crosses outside their temple nor are they allowed to stage any religious demonstration in public. It is also not advisable for Muslims to attend non-Muslim temples, not because they haven’t the right but because such places are the houses of the devils and only the devils assemble there.5

5) Every Dhimmi should pay Jizyah personally. He is not allowed to do so through any representative or advocate. The Jizyah paying Dhimmi must stand when he pays while the Muslim collector should keep sitting, and he should hold the Dhimmi from his collar and give a good shake saying: "pay up! you enemy of God."6