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Under Islamic law, jizya or jizyah (جزْية ˈdʒɪzjæh IPA; Ottoman Turkish: ''cizye;'' both derived from Pahlavi and ultimately from Aramaic gaziyat ) is a per capita tax levied on a section of an Islamic state's non-Muslim citizens, who meet certain criteria. The tax is/was to be levied on able bodied adult males of military age and affording power, (but with specific exemptions, though these were discarded at various points in history

But in some Islamic regions this controversial tax is being charged from Non-Muslims regardless of their military service contribution in their Islamic states.

The Arabic term ''jizya'' appears in verse 9 29 style=ref, but the Qur'an does not specify jizya as a tax per head. According to Paul Heck, the jizya taxation seems to be a developed form of the Sassanian practice of taxation.

Definitions

Shakir and Khalifa's English translations of the Qur'an render ''jizya'' as ''tax'', while Pickthal translates it as ''tribute''. Yusuf Ali prefers to transliterate the term as ''jizyah''.

Commentators disagree on the definition and derivation of the word ''jizya'':

In practice, the word is applied to a special type of tax, levied upon the non-Muslim adult males living under an Islamic state.

After the Norman conquest of Sicily, taxes imposed on the Muslim minority, were also called the ''jizya''.

Many Muslim rulers saw jizya as a material proof of the non-Muslims' subjection. The inhabitants saw it as a continuation of the taxes paid to earlier regimes. They could not serve in the military or bear arms, but their community was considered to be under the protection of the Muslim state, subject to their meeting certain conditions. Non-Muslims were also exempt from ''zakat'', or mandatory alms paid by Muslims. If someone refused to pay the ''jizya'', he could be imprisoned, according to Abu Yusuf. The jizya and zakat were kept separate, as it was considered inequitable to spend jizya (collected from non-Muslims) on the welfare of Muslims and vice versa. Scholars differ as to the exact burden imposed by the ''jizya'' tax. Documentary evidence, including that found in eleventh-century Cairo Geniza documents, suggest that the burden, at least for the poorer classes, was heavy. As the taxation amount was fixed in gold, it became less burdensome over the centuries.

According to Abu Yusuf, jurist of Harun al-Rashid, those who didn't pay jizya should be imprisoned not to be let out of custody until payment. It is not permissible to exempt one person, while obliging another to pay jizya, nor is jizya to be reduced. Though it was an annual tax, non-Muslims were allowed to pay it in monthly installments. said that ''the Jizyah shall be taken from them with belittlement and humiliation. The dhimmi shall come in person, walking not riding. When he pays, he shall stand, while the tax collector sits. The collector shall seize him by the scruff of the neck, shake him, and say ''Pay the Jizyah!'' and when he pays it he shall be slapped on the nape of the neck.'' but now lower under the Muslim rule

Historical development

Following his migration to Medina, Muhammad drafted a document, known as the Constitution of Medina, which codified the rights and duties among Medina's communities, including the Jews and Muslims. According to F. E. Peters, the Jewish tribes of Medina rejected Muhammad as a prophet, and secretly connived with Muhammad's enemies in Mecca to overthrow him. Prompted by what he saw as their treasonous behavior, Muhammad's ensuing reaction - in contrast to his treatment of Jews outside of Medina - was determined and progressively more violent.Fred Donner, however, in ''The Early Islamic Conquests'', states that the difference between ''sadaqa'' and ''jizya'' is that the former was levied on nomads, whereas the latter was levied on settled non-Muslims. Donner sees ''sadaqa'' as being indicative of the lower status of nomadic tribes, so much so that that Christian tribesmen preferred to pay the ''jizya''. Jabala b. al-Ayham of the B. Ghassan is reported asked Umar ''Will you levy sadaqa from me as you would from the [ordinary] bedouin (al-'arab)?'' Umar acceded to collecting ''jizya'' from him instead, as he did from other Christians.

Sir Thomas Arnold, an early 20th century orientalist, gives an example of a Christian Arab tribe which avoided paying the ''jizya'' altogether by fighting alongside Muslim armies ''such was the case with the tribe of al-Jurajimah, a Christian tribe in the neighbourhood of Antioch, who made peace with the Muslims, promising to be their allies and fight on their side in battle, on condition that they should not be called upon to pay jizya and should receive their proper share of the booty''.

Critics often use Jizya as a way to show discrimination in Islamic law. However, critics don't take into account that Muslims are obliged, but not compelled, to pay Zakat (charitable donations) and in the case of Shia Muslims, the Khums Tax (1/5th of one's earnings). This also implies that any and all ''conquered'' peoples are obliged (but not compelled) to pay tax for being protected by their conquerors (ie Native North and South Americans, Australian Aboriginals and Eskimos being the most famous in the West as these demographics).