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Contemporary Legal Thought in Islam /LAW 163
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Dhimmi

A dhimmī (Arabic: ذمي‎ ḏimmī, IPA: [ˈðɪmmiː], collectively أهل الذمة ahl al-ḏimmah/dhimmah ""the people of the dhimma"") is a historical term referring to non-Muslim citizens of an Islamic state. The word literally means ""protected person."" According to scholars, dhimmis had their rights fully protected in their communities, but as citizens in the Islamic state, had certain restrictions, and it was obligatory for them to pay the jizya tax. Dhimmis were excluded from specific duties assigned to Muslims, and did not enjoy certain political rights reserved for Muslims, but were otherwise equal under the laws of property, contract, and obligation. They were also exempted from the zakat tax paid by Muslims and from obligatory military service for all able bodied men.Under sharia, the dhimmi communities were usually subjected to their own special laws, rather than some of the laws which were applicable only to the Muslim community. For example, the Jewish community in Medina was allowed to have its own Halakha courts, and the Ottoman millet system allowed its various dhimmi communities to rule themselves under separate legal courts. These courts did not cover cases that involved religious groups outside of their own community, or capital offences. Dhimmi communities were also allowed to engage in certain practices that were usually forbidden for the Muslim community, such as the consumption of alcohol and pork.Historically, dhimmi status was originally applied to Jews, Christians, and Sabians. This status later also came to be applied to Zoroastrians, Mandaeans, Hindus, and Buddhists. Eventually, the Hanafi, the largest school of Islamic jurisprudence, and the Maliki, the second largest school of Islamic jurisprudence, applied this term to all non-Muslims living in Islamic lands outside the sacred area surrounding Mecca, in present-day Saudi Arabia. Some modern Hanafi scholars, however, do not make any legal distinction between a non-Muslim dhimmi and a Muslim citizen.The overwhelming majority of moderate Muslims reject the dhimma system as ahistorical, in the sense that it is inappropriate for the age of nation-states and democracies.
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