Indonesian Non-muslims are not Dhimmi

In classical Islamic fikh terminology, non-Muslims are called zimmi, means people living within Islamic government whose life is protected and who are freed of military obligation and zakat (tithe), but have to pay jizyah (tax). But this definition is valid only in the time of the huge expansion of Islamic government since the age of the guided Caliphs (Khulafa’ arrasyidin) as established in the age of Umayyad and Abbasid dynasties.

In the time of expansion, non-muslims were given the alternative as to whether to embrace Islam or keep their faith and live regulated by Islamic political government. Those who prefer to keep their faith and be loyal toward the Islamic ruler protecting their life are known as zimmi. The definition of zimmi is invalid when the Prophet PBUH (peace be upon him) led Medina, since even though the government is ruled by the Prophet PBUH, nevertheless non-Muslim were citizens with equal position to Muslims. It means that the existence and life of non-Muslim in Medina together with Muslim was not the result of a subjugation process. The Prophet PBUH and Muslims migrated to Medina but not to conquer and rule Medina’s citizen part of whom were non-muslim. They were invited to migrate from Mecca and were accepted peacefully in Medina.

Therefore the existence and life of non-Muslims in Medina was not because Muslims protected them but because they had been living and existing in Medina as their own country. They were there before the Prophet and the muhajirin (migrating Muslim), and they welcomed them. Non Muslims of Medina in that context were not called zimmi, but categorized as al-mu’ahidun, non Muslims tied by agreement to live together peacefully in a state. That’s why in the Medina Charter arranged between the Prophet Saw and non Muslims, it is mentioned that they should protect each other and face the enemy together. Thus the relation between the Prophet Saw, Muhajirin and non Muslim in Medina is far from a relationship of conquest. The Medina Charter didn’t call them zimmi, but “ummah” therefore having equal status to Muslims.

The Prophet Saw gave guidance on how to treat non Muslims if the case differed to Medina. In hadits transmitted by Imam Ahmad originated from Sulaiman bin Buraidah, regarding political conquest of non-Muslims,  the prophet Saw affirmed:  “Stop the war and invite them into Islam, guarantee their security if they surrender, invite them to migrate from their country to muhajirin’s one. If they agree they will have equal rights and duties as muhajirin. If they refuse to migrate tell them that they will be treated as Muslims and that Islamic law is valid for them, but they have no right in the spoils of war except if they go for jihad like other Muslims. If they refuse this status, take jizyah (tax). If they fulfill it guarantee their security.

This hadits indicates different treatment for non Muslim in Medina and non Muslim conquered outside of Medina. Non Muslims outside of Medina were given an alternative. One option is to keep their faith and stay in their country by paying zakat (tithe). They are called as zimmi as defined in several fikh books.

For the Indonesian context, our ancestors had been living here in their own country. The Islamic teachers came not in order to conquer them but in peace to sell goods and preach about Islam (da’wah). Then some of their generation embraced Islam, some Christianity, Hinduism, Budhism and some maintained their old beliefs. All are living and having equal rights in this country.

After Indonesia’s colonizing by Holland and English, Islamic community and some of non-Muslim were struggling together for freedom. Therefore, non Muslims in Indonesia are similar to non Muslims in Medina, having equal position with the Muslim majority. Since their position is equal to Muslim and they were tied in a constitution uniting them, so Indonesian non Muslims are categorized as mu’ahidun having equal right of living with Muslim without paying jizyah (tax). They pay zakat (tithe) together with Muslim not as a bribe for protection, but as a common duty to build the state. The matter of withstanding security is a collective obligation, like in the age of Prophet PBUH based on the Medina Charter where Muslim and non Muslim protect each other and face the enemy together. 

Therefore, some classical fikh regulations about zimmi is invalid for Indonesian non-Muslims because it is based on the spirit of Medina Charter where non-Muslims have equal rights to the Muslims in a constitutional bond, their existence is admitted, and not termed as zimmi. Because they are not zimmi, the term jizyah is not valid.

This jizyah is valid upon the zimmi to guarantee their loyalty toward the country and the Islamic government protecting their security. Therefore, non-Muslims living together with Muslims from the very first time in their country are freed from jizyah, since they are not involved in the process of war and subjugation. Even non-Muslims subjugated through the war, if they are not involved directly in a war, are freed also from jizyah, like children, women, and old people. And also the farmers and breeders who only do their job and are not involved in war, according to Imam Ahmad based on Umar’s narrative, are not subjected to jizyah.

Jizyah in the age of Prophet valid in 9^th century, when it was taken firstly from Najran (a Christian tribe). Nevertheless, Jizyah was not taken from bani Taqlab, another Christian tribe, except voluntarily. It’s because they had lived peacefully beside Muslim and they were engaged only in their own faith. And so the narrative about Christian Arabs from bani Tanukh and Bahra shows that they did not pay jizyah, but that they gave charity voluntarily and which was often large than the jizyah. Since it was charity, the non Muslim poor had the right to the charity based on hadits “tu`khaz min aghniya-ihim wa turaddu `ala fuqara-ihim” (charity is collected from the rich men and returned to the poor).

(Translated by Lanny Octavia, edited by Jonathan Zilberg)