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

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

• 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

• 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

• 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

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

• 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

• 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

• 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

• 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

• 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