JUS GLADII. Supreme jurisdiction. The right to absolve from, or condemn a
man to death. - The right of the sword. The right of the sword; the executory power of the law; the right, power, or prerogative of punishing for crime. 4 Bl. Comm. 177.
jizya or jizyah (Arabic: جزية ǧizyah IPA: [dʒizja]; Ottoman Turkish: cizye;) is a per capita tax levied on a section of an Islamic state's non-Muslim citizens, who meet certain criteria. The tax is and was to be levied on able-bodied adult males of military age and affording power[1] (but with specific exemptions).[2][3] From the point of view of the Muslim rulers, jizya was a material proof of the non-Muslims' acceptance of subjection to the state and its laws, "just as for the inhabitants it was a concrete continuation of the taxes paid to earlier regimes."[4] In return, non-Muslim citizens were permitted to practice their faith, to enjoy a measure of communal autonomy, to be entitled to the Muslim state's protection from outside aggression, and to be exempted from military service and the zakat taxes obligatory upon Muslim citizens. (Under Islamic law,)
More coverage from Money Jihad:
The new 2009 Report on International Religious Freedom issued by the U.S. State Department last Monday should remove any doubts about the modern jizya push around the globe. I pulled relevant passages for several countries. These are all sad accounts which speak for themselves:
Pakistan
Jurisprudence is the study and theory of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations.[1] General jurisprudence can be broken into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups:[2]
The English term is based on the Latin word jurisprudentia: juris is the genitive form of jus meaning "law", and prudentia means "prudence" (also: discretion, foresight, forethought, circumspection; refers to the exercise of good judgment, common sense, and even caution, especially in the conduct of practical matters). The word is first attested in English in 1628, at a time when the word prudence had the now obsolete meaning of "knowledge of or skill in a matter". The word may have come via the French jurisprudence, which is attested earlier.
jizya or jizyah (Arabic: جزية ǧizyah IPA: [dʒizja]; Ottoman Turkish: cizye;) is a per capita tax levied on a section of an Islamic state's non-Muslim citizens, who meet certain criteria. The tax is and was to be levied on able-bodied adult males of military age and affording power[1] (but with specific exemptions).[2][3] From the point of view of the Muslim rulers, jizya was a material proof of the non-Muslims' acceptance of subjection to the state and its laws, "just as for the inhabitants it was a concrete continuation of the taxes paid to earlier regimes."[4] In return, non-Muslim citizens were permitted to practice their faith, to enjoy a measure of communal autonomy, to be entitled to the Muslim state's protection from outside aggression, and to be exempted from military service and the zakat taxes obligatory upon Muslim citizens. (Under Islamic law,)
Modern jizya table
August 30, 2010
Many modern Muslims and Leftists defend
the “theory” and “history” of the jizya. At the same time they tell us
not to worry about the jizya because they claim that it no longer
exists. That is a lie. Not only does jizya still exist, but it often
takes place around the world under government auspices. We’ve covered
this many times on this blog, but it’s time for a recap:
Contemporary jizya examples and government complicity
| Country | Description | Government role? | Source |
|---|---|---|---|
| Pakistan | Jizya against Sikh & Christian homes, shops, and churches | “Government policies do not afford equal protection” to religious minorities | U.S. State Department’s International Religious Freedom Report 2009: Pakistan |
| Pakistan | Jizya imposed against Sikhs by Taliban, 2009 to present | Part of a 2009 truce between Pakistan & Islamic militants | Sikh News Network |
| Iraq | Jizya demanded of Christians in Baghdad & Mosul | N/A | U.S. State Department’s International Religious Freedom Report 2009: Iraq |
| Philippines | Tax authority offered to MILF Islamists | Part of government proposed “peace accord” in 2010 | Iran Press TV |
| Philippines | Jizya demanded of Catholics in 2008 | N/A | U.S. State Department’s International Religious Freedom Report 2009: Philippines |
| Yemen | Jizya imposed against Jews | Jizya used as “bargaining chips” by Yemeni politicians | Professor Adel Al-Sharjabi, Sana’a University |
- More on jizya against Sikhs here
- Additional commentary on Pakistan-Taliban truce here
- More on the situation of Yemeni Jewish jizya here
- Recap of the U.S. State Department’s finding’s here
The Jizya, Part III
November 1, 2009 Having laid out the moral depravity of the jizya and the jizya’s basis in Islamic texts, some readers may question whether the jizya isn’t a mere historical artifact, or a bogey man manufactured by war-on-terror hawks, that plays no real role in the world today.The new 2009 Report on International Religious Freedom issued by the U.S. State Department last Monday should remove any doubts about the modern jizya push around the globe. I pulled relevant passages for several countries. These are all sad accounts which speak for themselves:
Pakistan
In April 2009 the Taliban began to extort money under the guise of a jizya tax (traditionally a tax on non-Muslims paid in exchange for government protection) in Orakzai Agency, FATA. In response to extortion and attacks, some members of the Sikh community fled the area after paying approximately $240,000 (20 million rupees) as jizya tax after the Taliban forcibly occupied their homes and kidnapped a Sikh leader, Kalyan Singh.Iraq
On April 22, 2009, a mob attacked a Christian locality, Tiaser Town, in Karachi, Sindh, after threatening signs were posted on the walls of a church stating that Christians should either convert or pay the jizya tax. One person, Irfan Masih, was killed and three others injured in the attack; several houses belonging to Christians, shops, and three churches were ransacked. The attacks came amid fears of growing Talibanization in Karachi, where minority groups had been subjected to violence in the past.
Christians living in Baghdad’s Doura district and in the city of Mosul also reported that Islamic extremists threatened to kill them unless they converted, left, or paid a jizya (a tax on non-Muslims).Philippines
During a 10-day period in the beginning of October 2008, 14 Christians were killed in Mosul, prompting more than 2,000 families to flee their homes for villages in the Ninewa Plain north of the city. The attacks followed protests in which hundreds of Christians demonstrated for greater representation on the country’s local provincial councils. Leaflets were distributed in predominantly Christian neighborhoods threatening families to convert to Islam, pay the “jizyah” tax, leave the city, or be killed. Gunmen then set up checkpoints in several parts of the city, stopping vehicles in search of residents who could be identified as Christians. Local security forces did little to stop the killings, but Prime Minister Maliki sent two additional brigades of police to reassert control of the city.
In a symbolically significant event, the Chaldean archbishop of Mosul, Paulus Faraj Rahho, was kidnapped on February 29, 2008, for failing to pay protection money or “jizya” to Islamic insurgents. The archbishop died while in captivity.
In July 2008 Catholic Bishop Martin Jumoad of Isabela, Basilan and other Catholics reportedly received letters from self-described ‘Muslim warriors’ possibly linked to the ASG [Abu Sayyaf Group], threatening harm if the Catholics did not convert to Islam or pay “Islamic taxes.”
Two final notes:
-
Clearly, the report was not compiled by anti-jihad stalwarts like Tom Tancredo, Robert Spencer, and Geert Wilders, but by government employees in the Obama administration. Like many government reports, the language tends to be guarded and understated. Also, it is likely that only fully documented instances or complaints of religious persecution made their way into this report. The prevalence of the jizya—or threats to pay the jizya—is even more widespread, more frequent, more virulent, and more humiliating than laid out in this report.
- What’s so striking about almost all the accounts is the common thread of threats against non-Muslims to convert to Islam, pay the jizya, or be killed. As Money Jihad laid out yesterday, that is precisely the same formulation set forth in the canonical Hadith Sahih Muslim Book 19, Number 4294. In many respects it is unfortunate that the State Department report is divided into countries rather than themes, because the convert-pay-die formulation is not a Pakistani, Iraqi, or Philippino formulation; it is an Islamic one.
Jurisprudence is the study and theory of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social theorists of law), hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions. Modern jurisprudence began in the 18th century and was focused on the first principles of the natural law, civil law, and the law of nations.[1] General jurisprudence can be broken into categories both by the type of question scholars seek to answer and by the theories of jurisprudence, or schools of thought, regarding how those questions are best answered. Contemporary philosophy of law, which deals with general jurisprudence, addresses problems in two rough groups:[2]
- (1.) Problems internal to law and legal systems as such.
- (2.) Problems of law as a particular social institution as it relates to the larger political and social situation in which it exists.
- Natural law is the idea that there are rational objective limits to the power of legislative rulers. The foundations of law are accessible through human reason and it is from these laws of nature that human-created laws gain whatever force they have.[2]
- Legal positivism, by contrast to natural law, holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts. Legal positivists differ on what those facts are
- Legal realism is a third theory of jurisprudence which argues that the real world practice of law is what determines what law is; the law has the force that it does because of what legislators, judges, and executives do with it. Similar approaches have been developed in many different ways in sociology of law.
- Critical legal studies is a younger theory of jurisprudence that has developed since the 1970s. It is primarily a negative thesis that holds that the law is largely contradictory, and can be best analyzed as an expression of the policy goals of the dominant social group.
The English term is based on the Latin word jurisprudentia: juris is the genitive form of jus meaning "law", and prudentia means "prudence" (also: discretion, foresight, forethought, circumspection; refers to the exercise of good judgment, common sense, and even caution, especially in the conduct of practical matters). The word is first attested in English in 1628, at a time when the word prudence had the now obsolete meaning of "knowledge of or skill in a matter". The word may have come via the French jurisprudence, which is attested earlier.
jus gladii: The right of the sword.
jus gladii: The right of the sword.
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