Status of Dhimmi in Islam

414. When the Prophet Mohammed settled down in Medina, he found there complete anarchy, the region having never known before either a State or a king to unite the tribes torn by internecine feuds. In just a few weeks, he succeeded in rallying all the inhabitants of the region into order. He constituted a city state, in which Muslims, Jews, pagan Arabs and also probably a small number of Christians, all entered into a statal organism by means of a social contract.

415. The constitutional law of this first ‘Muslim’ State – which was the confederacy as a sequence of the multiplicity of the population groups – has come down to us in toto, and we read therein not only in clause 25: “to Muslims their religion, and to Jews their religion,” or, “that there would be benevolence and justice,” but even the unexpected passage in the same clause 25: “the Jews . . . are a community (in alliance) with – according Ibn Hisham and in the version of Abu-’Ubaid, a community (forming part) of - the believers (i.e., Muslims).”

416. The very fact that, at the time of the constitution of this city-state, the autonomous Jewish villages acceded of their free will to the confederal State, and recognized Muhammad as their supreme political head, implies in our opinion that the non-Muslim subjects possessed the right of votes in the election of the head of the Muslim State, at least in so far as the political life of the country was concerned.

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