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History of Aurangzib, Based on Original Sources v3.c45.s3: §3. Political disabilities of non-Muslims.

History of Aurangzib, Based on Original Sources v3.c45.s3

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§3. Political disabilities of non-Muslims.

v3.c45.s3.1

A non-Muslim, therefore, cannot be a citizen of the State; he is a member of a depressed class; his status is a modified form of slavery. He lives under a contract (*zimma*) with the State: for the life and property that are grudgingly spared to him by the Commander of the Faithful he must undergo political and social disabilities, and pay a commutation-money (*jaziya*). In short, his continued existence in the State after the conquest of his country by the Muslims is conditional upon his person and property being made subservient to the cause of Islam.

v3.c45.s3.2

He must pay a tax for his land (*kharaj*), from which the early Muslims were exempt; he must pay other exactions for the maintenance of the army, in which he cannot enlist even if he offers to render personal service instead of paying the poll-tax; and he must show by humility of dress and behaviour that he belongs to a subject class. No non-Muslim (*zimmi*) can wear fine dresses, ride on horseback or carry arms; he must behave respectfully and submissively to every member of the dominant sect.*

v3.c45.s3.3

∗ For zimmis or protected non-Muslims, Hughes 710-713; Encyclopædia of Islam, i. 958, 1051; Muir's Caliphate, 3rd ed., 149-158. "Each adult, male, free, sane Zimmi must pay a poll-tax, jizya. His real estate either becomes a waqf for the whole body of Muslims, but of which he continues to have the use, or he holds it still as his own. In either event he pays on it and its crops a land-tax, kharaj, which on the owner being a Muslim falls. He is liable also to other

v3.c45.s3.4

As the learned Qazi Mughis-ud-din declared to Ala-ud-din Khalji, in accordance with the teaching of the books on Canon Law :—" 'The Hindus are designated in the Law as 'payers of tribute' (*kharaj-guzar*); and when the revenue officer demands silver from them, they should, without question and with all humility and respect, tender gold. If the officer throws dirt into their mouths, they must without reluctance open their mouths wide to receive it. By these acts of degradation are shown the extreme obedience of the *zimmi*, the glorification of the true faith of Islam, and the abasement of false faiths. God himself orders them to be humiliated, [as He says, 'till they pay *jaziya*] with the hand and are humbled.'...The Prophet has commanded us to slay them, plunder them, and make them captive...No other religious authority except the great Imam [Hanifa] whose faith we follow, has sanctioned the imposition of the *jaziya* on Hindus. According to all other theologians, the rule for Hindus is 'Either death or Islam.' " (Zia Barani, 290.)

v3.c45.s3.5

exactions for the maintenance of the Muslim armies. He must distinguish himself from believers by dress, not riding on horseback or carrying weapons, and by a generally respectful attitude towards Muslims. He is also under certain legal disabilities with regard to testimony in lawcourts, protection under criminal law and in marriage ...Nor in the exercise of their worship may they (the *Zimmis*) use an offensive publicity. They are not citizens of the Muslim State." (*Encyclo. Islam*, i. 958-959.)

v3.c45.s3.6

The *zimmi* is under certain legal disabilities with regard to testimony in lawcourts, protection under criminal law, and marriage. The State, as the other party in the contract (*zimma*), guarantees to him security of life and property and a modified protection in the exercise of his religion :—he cannot erect new temples, and has to avoid any offensive publicity in the exercise of his faith. But everything short of open physical persecution,—everything that would not be a flagrant breach of the contract of protection, can be legitimately practised by the Muslim ruler to reduce the number of the undesirable alien sect.

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