Apologetic 1: The Jizya not levied on women
Just because women are not required to pay the jizyah, but that doesn’t mean they’re immune from other types of payment
Al-Hidayah: The guidance Vol 2 page 341
The Christians of Banu Taghlib are required to pay on their wealth twice the amount of zakat that the Muslims are required to pay, because 'Umar (God be pleased with him) made a settlement with them for this in the presence of the Companions (God be pleased with them)." This amount is required to be paid by their women, but not their minor children. The reason is that the settlement was made for double of the zakãt and such a payment is obligatory for women, but not minors, so also in the case of double payment. Zufar (God bless him) said that it is not to be taken from their women either, which is also the opinion of al-Shafi'i (God bless him). The reason is that in reality it is jizyah as was stated by 'Umar (God be pleased with him), "This is jizyah, so divide it up as you like." It is for this reason that it is spent on the avenues specific to jizyah, and there is no jizyah for women. Our argument is that it is wealth that has become due through a settlement and a woman is eligible for the imposition of such a liability on her. The avenues are the interests of Muslims, because it is wealth that belongs to the treasury and this wealth is not linked with jizyah. Do you not see that the conditions of jizyah are not observed for it.
Apologetic 2: The Jizya not levied on monks
Capitation-tax is not imposed upon rabbis, (that is, Christian or Pagan monks and hermits, who do not mix with the rest of mankind:) the same is mentioned by kadooree: Mohammed, in the Jama Sageer, reports from Hanifa that capitation-tax may be imposed upon them, where they are capable of labour, (and such is the opinion Aboo Yoosaf) because where, being capable of labour, they refrain from it, they waste their ability; capitation-tax, therefore, is due from them, in the same manner as tribute from the landholder, where he (being able) suffers his land to remain untilled. The reason for what is related by Kadooree is that a monk is not be destroyed where he does not mix with mankind and capitation-tax, with respect to them, would be for the purpose of warding off destruction
Al-Hidayah:The guidance Vol 2 page 337
It is not to be imposed on monks who do not mingle with the people. This is how it is mentioned here, while Muhammad, narrating from Abu Hanifah (God bless him), has stated that it is to be imposed on them if they are able to work, and this is also the opinion of Abü Yüsuf.
Apologetic 3: Jizya not levied on the poor
In the case of the idea that it is to be not levied on the poor, It is reported in the Encyclopedia of Fiqh that the "poor" here refers specifically to those that cannot work, or those that are in such financial ruin to the point where all that they have cannot be used for Jizya without putting their survival into question.(I.e. the remaining money is not enough for the bare essentials expenses to get by).
Al-Hidayah:The guidance Vol 2 page 335
On a poor person who is capable of working a sum of twelve dirhams is imposed taking one dirham every month. This is so in our view. Al-Shãfi'i (God bless him) said that on each major person one dinar or what is equivalent is imposed, and the rich and poor are the same for this purpose. This is based upon the words of the Prophet (God bless him and grant him peace) to Mu'ãdh (God be pleased with him), "Take from each male and female who has attained puberty a dinar or its equivalent in ma'afir (cloth in Yemen)."' This tradition does not provide any detail (for making a distinction). The reason is that jizyah is imposed in place of death so that it is not imposed on one whose slaying is not permitted due to unbelief, like minor children and women. This meaning includes both rich and poor (males). Our view is transmitted from 'Umar, 'Uthmãn and 'All (God be pleased with them). No one among the Muhãjirün or the Ansãr opposed them in this.
Apologetic 4: Jizyah must be collected with respect
The Hedaya: commentary on the Islamic laws page 217 (Link)
First, captitation tax is a form of punishment inflicted upon infidels for the obstinacy in infidelity, (as was before stated;) Whence it is that it cannot be accepted of the infidel if he fend it by hands of a messenger, but must be exacted in a mortifying and humiliating manner, by the collector sitting and receiving it from him in a standing posture: (according to one tradition, the collector is to seize him by the throat, and shake him, saying “pay your tax, dimmee!!)”- it is therefore evident that capitation tax is a punishment
Not everyone are allowed to be dhimmis, it’s limited to people of the book
Quran 9:29 who do not adopt the religion of truth from those who were given the Scripture - [fight] until they give the jizyah willingly while they are humbled.
Reliance of the traveller: A Classic Manual of Islamic Sacred Law page 607
o11.0 NON-MUSLIM SUBJECTS OF THE ISLAMIC STATE (AHL AL-DHIMMA)
o11.1 A formal agreement of protection is made with citizens who are:
(1) Jews;
(2) Christians;
(3) Zoroastrians;
(4) Samarians and Sabians, if their religions do not respectively contradict the fundamental bases of Judaism and Christianity;
(5) and those who adhere to the religion of Abraham or one of the other prophets (upon whom be blessings and peace).
o11.2 Such an agreement may not be effected with those who are idol worshippers (dis: o9.9 (n:)), or those who do not have a Sacred Book or something that could have been a Book. (A: Something that could have been a Book refers to those like the Zoroastrians, who have remnants resembling an ancient Book. As for the pseudoscriptures of cults that have appeared since Islam (n: such as the Sikhs, Baha' is, Mormons, Qadianis, etc.), they neither are nor could be a Book, since the Koran is the final revelation (dis: w4).)
The Quran And Its Interpreters Vol. 1 by Mahmoud Ayoub page 253
“Arab society was compelled to enter Islam because they were an unlettered community [ummah ummiyah], having no book which they knew. Thus nothing other than Islam was accepted from them. The People of the Book are not to be compelled to enter Islam if they submit to paying the jizyah or kharaj [land tax].”
Atheists, agnostics, Arab polytheists, Sikhs, Baha' is, Mormons, Qadianis, etc have no right to exist and be part of dhimmis. Because they don’t belong to people of the book
Al-Kalbi reported from Abu Salih who related that Ibn 'Abbas said: “The Messenger of Allah sent a letter to the people of Hajar, whose chief was Mundhir ibn Sawa, inviting them to Islam, or to pay the Jizyah if they chose not to embrace Islam. When Mundhir ibn Sawa received the letter, he showed it to the Arabs, Jews, Christians, Sabeans and Magians who were around him. They all agreed to pay the Jizyah and disliked embracing Islam. The Messenger of Allah, Allah bless him and give him peace, wrote back to him, saying: 'As for the Arabs, do not accept from them except Islam otherwise they will have nothing but the sword. As for the people of the Book and the Magians, accept the Jizyah from them. When this letter was read to them, the Arabs embraced Islam while the people of the Book and the Magians agreed to pay the Jizyah. The hypocrites among the Arabs said: 'How strange from Muhammad! He claims that Allah has sent him to fight all people until they surrender to Allah and does not accept the Jizyah except from the people of the Book. But we only see that he has accepted from the idolaters of the people of Hajar that which he had rejected from the Arab idolaters'. Allah, exalted is He, then revealed (O ye who believe! Ye have charge of your own souls. He who erreth cannot injure you if ye are rightly guided), i.e. who errs from amongst the people of the Book”.
Subjugation of dhimmis
Dhimmis are not allowed to invite others to their faith
In simple words all non-Muslims (Zimmi or others) are not allowed to invite others to follow disbelief, nor to demonstrate it or spread it, i.e. no Christian, Jewish, Buddhist or any other follower of false religion and ideology can spread his false creed in the Islamic State.
As for the one who embraced Islam and then disbelieved, he has committed by this act a major crime for which he should be killed unless he returns again to Islam after being a believer. Apostasy constitutes a form of frivolous play and immortality. So, an apostate becomes a vicious member in the Muslim society that should be cut off before spreading evil to others.
https://www.islamweb.net/en/fatwa/85662/restrictions-placed-by-muslims-on-non-muslims-etc
Al-Hidayah:The guidance Vol 2 page 339
It is not permitted to construct new synagogues and churches within the dãr al-Islam, due to the words of the Prophet (God bless him and grant him peace), "There is no castration in Islam nor a church." The meaning here is construction afresh.
Reliance of the traveller: A Classic Manual of Islamic Sacred Law page 608
o11.5 Such non-Muslim subjects are obliged to comply with Islamic rules that pertain to the safety and indemnity of life, reputation, and property. In addition, they:
(1) are penalized for committing adultery or theft, thought not for drunkenness;
(2) are distinguished from Muslims in dress, wearing a wide cloth belt (zunnar);
(3) are not greeted with "as-Salamu 'alaykum";
(4) must keep to the side of the street;
(5) may not build higher than or as high as the Muslims' buildings, though if they acquire a tall house, it is not razed;
(6) are forbidden to openly display wine or pork, (A: to ring church bells or display crosses,) recite the Torah or Evangel aloud, or make public display of their funerals and feastdays;
(7) and are forbidden to build new churches.
Abu Huraira reported Allah's Messenger (ﷺ) as saying:
Do not greet the Jews and the Christians before they greet you and when you meet any one of them on the roads force him to go to the narrowest part of it. Sahih Muslim 2167a
If one of the People of the Scripture (i.e. Christians and Jews) greets you, saying As-Salāmu `alaykum, then say (to him): Wa `alaykum. If one of the People of the Scripture (i.e. Christians and Jews) greets you saying As-Salaamu `alaykum, then say (to him): And upon you. Reference: Al-Bukhari, cf. Al-Asqalani, Fathul-Bari 11/42, Muslim 4/1705
The Hedaya : commentary on the Islamic laws page 220
It behoves the Imam to make a distinction between muslims and dhimmis in point both of dress and of equipage. It is therefore not allowable for dhimmis to ride upon horses, or to use armour, or to use the same saddles and wear the same garments or head-dress as muslims and it is written, in the Jama Sageer, that dhimmis must be directed to wear the kisteej openly is that muslims are to be directed to wear the Kisteej openly, on the outside of their clothes….
The reason for this distinction in point of clothing and so forth and the direction to wear the kisteej openly is that muslims are to be held in honour; contrary to dhimmis, who are not to be held in honour (whence it is that they are not saluted first;) and if there were no outward signs to distinguish muslims from dhimmis, they might be treated with the same respect, which is not allowed.
It is requisite that the wives of dhimmis be kept separate from the wives of muslims, both in the public roads, and also in the baths; and it is also requisite that a mark be set upon their dwellings, in order that beggars who come to their doors may not pray for them. The learned have also remarked that it is fit that dhimmis be not permitted to ride at all, except in cases of absolute necessity; and if a dhimmi be then, of necessity, allowed to ride, he must alight whenever he sees any muslims assembled; and if there be a necessity for him to use a saddle, it must be made in the manner of the panniers of an ass. Dhimmis of the higher orders must also be prohibited from wearing rich garment
Apologetic 5: dhimmis are under protection in the Islamic state
It's not permissible to allow dhimmis to immigrate. If the dhimmis leave Dar-al Islam and immigrate to Dar-al harb, they'll be treated the same as an exmuslim
A digest of Moohummudan law part first page 169,170,171
A country that is subject to the government of Mussulmans is termed Dar-ool-Islam(Dar al-islam), or a country of safety or salvation, and a country which is not subject to such government is termed Dar-ool-hurb (Dar al-harb) or a country of enmity. Hence the term hurbee, or enemy. Though Moohummudans are no longer under the sway of one prince, they are so bound together by the common tie of Islam that as between themselves there is no difference of country, and they may therefore be said to compose but one dar. And, in like manner, all who are not Moohummudans, being accounted as of one faith, when opposed to them, however much they may differ from each other in religious belief, they also may be said to be of one dar. The whole world, therefore, or so much of it as is inhabited and subject to regular government, may thus be divided into the Dar-ool-Islam, which comprehends Arabia and all other countries subject to the government of Mussulmans, and the Dar-ool-hurb, which comprehends all countries that are not subject to Mussulman government.
The ahl, or people of a country in the Dar-ool-Islam, may be Mussulmans or zimmees that is, persons who though unbelievers in the Mussulman religion have, by submission to the jizyah, or poll tax, become entitled to the free exercise of their own religion, and generally to the same privileges as their Mussulman fellow subjects. The ahl, or people of a country in the Dar-ool-hurb, are, primâfacie, all hurbees, or enemies, since the law does not recognize the state of zimmut, or subjection to foreigners, as applicable to Moohummudans.
Al-Hidayah:The guidance Vol 2 page 325-326
113.1 GRANTING ENTRY TO THE ENEMY
He said: If an enemy enters our territory as a musta'min he is not to stay for more than a year, and the imam will convey to him the statement, "If you stay for a whole year I will impose jizyah on you." The basis is the rule that an enemy cannot stay permanently in our territory, except through slavery or on payment of jizyah. The reason is that he becomes a spy for them and grants support against us, and this will cause an injury to the Muslims. He will be enabled to stay for a short period, because denying this will result in the termination of supplies and acquisitions, and it will close the door of trade. Consequently, we separated these two situations with the duration of a year for that is a period for which jizyah is imposed, thus, stay is allowed in the interest of jizyah. Thereafter, if he returns to his land after the communication from the imam prior to the completion of one year then there is nothing to stop him. If he stays on for a year he becomes a Dhimmi. The reason is that when he stays on after the directive of the imam he agrees to bind himself to the payment of jizyah, thus, he becomes a Dhimmi. The imam has the discretion to fix a period for this that is less than a year like a month or two months. If he stays for the period (of a year), after the communication from the imam, he becomes a Dhimmi, due to what we said and thereafter he is not permitted to return to the dar al-harb. The reason is that the contract of dhimmah cannot be terminated, for in this is the termination of jizyah and making his children declare war on us. In this there is injury for the Muslims.
A digest of Moohummudan law part first page 172
Foreigners, even when allowed to come into the Mussulman territory as Moostamins, or under protection, ought not to be allowed to prolong their residence beyond one year; and it is the duty of the rulers to give them warning to that effect, while the period may be shortened, if that is thought proper, to one or two months. If they neglect the warning, and continue their residence beyond the period prescribed by the notice, they become zimmees on its mere expiration, and liable to the jizyah, or poll-tax; after which they can no more leave the territory and return to their own country
The Hedaya : commentary on the Islamic laws 221-222
A contract of subjection is dissolved only by dhimmis absconding to the territory of the infidels, or making an attack upon the muslims in either of which cases the contract ceases to exist; because the advantage proposed from it is the removal of the evils of war and bloodshed; and this advantage ceases to exist upon their engaging in hostilities.
A dhimmi upon breaking his contract of subjection, stands in the same predicament with an apostate,- that is, he is condemned to death upon absconding to the territory of the infidels, in the same manner as holds in the rule with respect to apostates
**If a dhimmi tries to immigrate to “dar al-harb” would be treated the same as an apostate (ex-muslim)
Kitab Al-Siyar Al-Saghir page 74
When a Guaranteed Citizen (Dhimmi) breaks the covenant and
moves away to the Territory of War, his heirs shall deal with his
bequests the same manner as the bequests of an apostate are dealt with
Reliance of the Traveller: A Classic Manual of Islamic Sacred Law page 456
k30.6 (n: The following are examples of invalidity of establishing an endowment due to lack of one of the conditions mentioned at k30.2 above.) An endowment is not valid when it consists of:
(6) (non-(c)) when the proceeds are directed to an unlawful use, such as building a church (dis:o11.5(7)) (O: or purchasing lamps for a church, or building walls around it, since this assists disobedience to Allah. Rafi'i says, "The same is true of an endowment for printing the Torah or New Testament, which is invalid because the Jews and Christians have altered the texts and interpolated spurious material, it not being permissible to occupy oneself with printing their scriptures because doing so is to participate in their disobedience to Allah”
Indemnity/ Blood money
Reliance of the traveller page 590
O4.9 the indemnity for the death or injury of a woman is one-half the indemnity paid for a man. The indemnity paid for a Jew or Christian is one-third the indemnity paid for a Muslim. The indemnity paid for a Zoroastrian is one-fifteenth that of a Muslim.
Retaliation/qisas
Narrated `Abdullah:Allah's Messenger (ﷺ) said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims." Sahih al-Bukhari 6878
the judgment that no Muslim should be killed in Qisas (equality in punishment) for killing a Kafir (disbeliever). Sahih al-Bukhari 6915
(The regulations of) blood-money, the freeing of captives, and the judgment that no Muslim should be killed for killing an infidel." Sahih al-Bukhari 3047
https://www.islamweb.net/en/fatwa/326779/penalty-for-killing-disbeliever
According to scholarly consensus, if a muslim person kills a non-muslim, the penalty is freeing a Muslim slave, and if that is not possible, then he should fast two consecutive months and pay Diyah (blood money) to the family… There’s no death penalty for a muslim killing a non-muslim
https://www.islamweb.net/en/fatwa/92261/killing-a-muslim-in-punishment-for-killing-a-non-muslim