o9.8 Thc caliph (025) makes war upon Jews, Christians, and Zoroastrians (N: provided he has first invited them to enter Islam in faith and practice, and if they will not, then invited them to enter the social order of Islam by paying the nonMuslim poll tax (jizya, def: 01 L4)-which is the significance of their paying it, not the money itself-while remaining in their ancestral religions) (0: and the war continues) until they become Muslim or else pay the non-Muslim poll tax (0: in accordance with the word of Allah Most High,…
O9.9 follows up with warfare against pagans. The caliph fights all other peoples until they become Muslim (0: because they are not a people with a Book, nor honored as such, and are not permited to settle with paying the poll tax… )
o11.0 NON-MUSLIM SUBJECTS OF THE ISLAMIC STATE (AHL AL-DHIMMA)
011.1 A formal agreement of protection is made with citizens who are:
(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).)
o11.3 Such an agreement is only valid when the subject peoples:
(a) follow the rules of Islam (A: those mentioned below (o11.5) and those involving public behavior and dress, though in acts of worship and their private lives, the subject communities have their own laws, judges, and courts, enforcing the rules of their own religion among themselves);
(b) and pay the non-Muslim poll tax (jizya).
THE NON-MUSLIM POLL TAX
o11.4 The minimum non-Muslim poll tax is one dinar (n: 4.235 grams of gold) per person (A: per year). The maximum is whatever both sides agree upon. It is collected with leniency and politeness, as are all debts, and is not levied on women, children, or the insane.
More on the Jizya in the Tafsir Ibn Kathir : http://umdatalsalik.wordpress.com/the-jizya-in-the-tafsir-ibn-kathir/
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.
o11.6 They are forbidden to reside in the Hijaz, meaning the area and towns around Mecca, Medina, and Yamama, for more than three days when the caliph allows them to enter there for something they need).
o11.7 A non-Muslim may not enter the Meccan Sacred Precinct (Haram) under any circumstances, enter any other mosque without permission (A: nor may Muslims enter churches without their permission).
o11.8 It is obligatory for the caliph (def: o25) to protect those of them who are in Muslim lands just as he would Muslims, and to seek the release of those of them who are captured.
o11.9 If non-Muslim subjects of the Islamic state refuse to conform to the rules of Islam, or to pay the non-Muslim poll tax, then their agreement with the state has been violated (dis: o11.11) (A: though if only one of them disobeys, it concerns him alone).
o11.10 The agreement is also violated (A: with respect to the offender alone) if the state has stipulated that any of the following things break it, and one of the subjects does so anyway, though if the state has not stipulated that these break the agreement, then they do not; namely, if one of the subject people:
(1) commits adultery with a Muslim woman or marries her;
(2) conceals spies of hostile forces;
(3) leads a Muslim away from Islam;
(4) kills a Muslim;
(5) or mentions something impermissible about Allah, the Prophet (Allah bless him and give him peace), or Islam.o11.11 When a subject’s agreement with the state has been violated, the caliph chooses between the four alternatives mentioned above in connection with prisoners of war (o9.14).
[o9.14 When an adult male is taken captive, the caliph (def: o25) considers the interests (O: of Islam and the Muslims) and decides between the prisoner’s death, slavery, release without paying anything, or ransoming himself in exchange for money or for a Muslim captive held by the enemy. If the prisoner becomes a Muslim (O: before the caliph chooses any of the four alternatives) then he may not be killed, and one of the other three alternatives is chosen.]
Back to our Umdat: PERMISSABLE for NON-MUSLIMS
Non-Muslim subjects of the Islamic state who attend (the drought prayer) are not hindered from doing so, but may not mix with us.
See also : The Pact of Umar in http://umdatalsalik.wordpress.com/the-unbeliever/
“According to the Islamic shari’a that Allah [has bequeathed] to mankind, the status of the Muslims, compared to that of the infidel nations that arrogantly [disdain] his shari’a, is measured in a kind of scale, in which, when one side is in a state of superiority, the other is in a state of inferiority…” http://www.nowtheendbegins.com/blog/?p=2417