Islam critiqued surfs through Quran; 9:29 is unjust and violent?

In answer to the video "Surah 9:29 in Context"

Until 9:29, the sura Tawba prescribed divine punishment upon 3 groups; the hypocrites among the Muslims, the treacherous warmongers among the idolaters, and those idolaters insisting on their pagan practices within the sacred precincts of Mecca. 

No punishement is prescribed on the peaceful idolaters beyond Mecca, as well as those in Mecca that refrain from their rituals at the sacred sites re-dedicated strictly to the Islamic religion. They are to be left unharmed as mentionned earlier.

Nor is there until now any legal directive towards the remaining non-Muslims living under Muslim rule, whether in Mecca or beyond. This included the people of the book (Jews and Christians) or the followers of other belief systems, or even atheists 

9:29"Fight those who believe not in God and nor in the Last Day and nor do they forbid what God and His Messenger have forbidden and nor do they follow the religion/DEEN of truth from among the people of the book, till they give the compensation with a willing hand, while they are humble".

This verse, as attested by the prophetic practice, is not restricted to the people of the book. It covers any religion that was and could potentially fall under Muslim rule as a result of provoked warfare. The verse mentions 4 categories;

1- Those who do not believe in God 

2- Those who reject the resurrection 

3- Those who regard as lawful what Allah and the prophet have forbidden. Those that pass the 2 preceding criteria by believing in God and the concept of resurrection, should adhere to Islam as the only reasonable spiritual reality. If they make the choice not to, then they are believers in one of the many man made religions that does not forbid what Allah has forbidden through His prophet in the Quran and sunna. Or they might be from the people of the book, believers in God and the resurrection. Being sincere in their faith, they should, like the aforementioned group naturally enter the fold of Islam. The Quran speaks of them, those that remained truthful to the scriptures in anyway, shape or form it reached them, trying to follow it to the best of their ability. Their sincerity, unprejudiced, praiseworthy reading and understanding of their books led many of them to eventually believe in the revelation bestowed on the prophet Muhammad 2:121,83,3:113-115,199,4:162,5:13,66,69,83,7:159-170,17:107-9,28:52-4. But those that make the choice not to, they remain as people of the book who despite their sincerity in faith, do not regard as forbidden what Allah and His messenger forbade.

4- Those who do not follow the DEEN of truth from among the people of the book. The root D-Y-N means rule or debt or any obligation. It may be summarized as "system". It is used this way in the Quran 9:36,12:76 classical literature and even in common Arabic speak. Whenever the preposition "mina" is used before a composite entity, or a group, and that this entity is given a qualification, then "mina" carries the meaning of "among", pointing to a portion from among that composite entity 4:46,160,5:5,23,41,57,107,8:65,57:10. "The Deen of truth" in that phrase cannot refer to Islam as a religion. One cannot speak of a portion from among the people of the book as being followers of Islam while others reject it. This speaks of the Jews and Christians whom the Quran in many places condemns as sinful, insincere to the truth of their own books. The praiseworthy among them, followers of "the deen of truth" were those included in the 3rd category.

None of the groups above are to be fought until they become Muslims. Rather until they pay the jizya in submission to the Islamic rule. That subjection is in relation to the Islamic system which they are now bound to, being permanent non Muslim residents under protection of the Muslim state. The majority of Muslim scholars have understood the passage in that way. See for example al-Shafi'i, Al-Umm, Vol. 4, Ahmad Mustafa al-Maraghi's Tafsir Vol. 10 or Fatani, Ikhtilaf al-Darin p48. This is also seen by the fact that the musta'min (a non Muslim temporary resident) is not subjected to the Islamic legal system nor the jizya, according to the Hanafi school. That subjection has thus nothing to do with humiliation, as some have interpreted, and without any evidence in the prophetic practice nor that of the first caliphs. Humiliation does occur however, when those non-Muslim residents of the Islamic state refuse to pay government taxes to the point they have to be forcefully made to. Just as Muslims, shortly after the prophet's death had to be fought, humbled, and forced to pay the government taxes under Abu Bakr's caliphate.

The order to fight therefore isnt motivated by a choice of creed otherwise the mere paying of a tax would not have been enough to end the fighting, rather a forceful conversion would. Yet that option is never proposed in the verse. The only issue for them is explicitly spelled out; Payment of taxes and submission to the laws of the religious state they live in as members of a different religion on whom different rights and obligations apply. The governement has actually more to gain in wealth and manpower if they convert, especially in early times when Muslims were a minority in these newly conquered lands. Yet they are told to keep their religion and autonomy instead.

Converting to Islam, something that isnt incumbent upon them, would end the command to fight them should they insist on not paying the jizya. But they will not escape being fought should they refuse honoring the duties that fall upon them as Muslims, including contributing financially to the functioning of the Islamic state, as well as obligations that did not apply to their former religious communities, like military service. There really is no true incentive for them to leave their religion which is why the option is never proposed in the verse.

The verses that follow illustrate some of the transgressions of the people of the book, and their causes, such as deification of prominent personalities, blind following of their religious leaders etc, while no blame is placed on them for not following Islam. These dark deviations in religion will never extinguish the light of guidance, no matter how much the disbelievers among the people of the book dislike it 9:32. The verse employs the image of a person attempting to extinguish a strong light with a blow from the mouth, to illustrate the relative feebleness of his position.

The passage ends with the reiteration of a prophecy made long before 48:28,61:9 regarding the prevailing of the deen/way of truth sent by the One true God over all other ways no matter how much the polytheists dislike it 9:33. The wording of this verse is very appropriate since it specifically mentions the polytheists, followers of non-divine religions, as disliking the establishment of the deen of truth. The people of the book, sincere to their scriptures as pointed earlier, will not dislike the establishment of a Godly system, since it does not only mean establishing Islam, but also exposing and establishing the truth of their own religion 

5:83"And when they hear what has been revealed to the messenger you will see their eyes overflowing with tears on account of the truth that they recognize".

The Jizya is a collective tax, not a head tax. It is imposed on the people of dhimma, the diminutive for dimmat Allah wa rasulih, the protection of God and His messenger. This connection demonstrates the significance of the dhimmis, making them eligible for protection under divine obligation. The prophet applied the command upon Jews, Christians, Zoroastrians and according to some scholars like abu Hanifa, the pagans, based on a prophetic saying 

"If they (Arab polytheists) accept the dhimmah contract (aqd al-dhimmah), then inform them that they have the same rights and duties as Muslims". 

The jizya imposed on them is a collective tax because it is agreed upon by mutual consultation, not arbitrarily decided by the Muslim state. Each individual was imposed depending on his financial capacity. The benefits which the government offers in exchange of the due jizya, are matters of communal and national interest - defending the territory from outside aggression, establishing security, maintaining the environment, building infrastructure, etc., not the sort of benefits you can opt out of. The earliest Muslim rulers even appointed a portion of the Muslim zakat to feed the needy among the people of the book, even though they were exempted from paying the jizya. When a Jew came asking the caliph Umar for money, he said 

"go find him and those like him, and give them out of the public treasury". 

It is known that together with the needy, the clergy was also exempted from the tax by the Muslim authorities. And yet they fully benefited from government services, including military protection and infrastructure. These exception to the rule of 9:29 are based upon strong and firm unconditional principles as regards the Muslim duty towards the weak in any society, and the preservation of the worship sites of the people of the book where the name of Allah is mentionned. There is thus a strong Quranic basis for the policy of most Muslim rulers, including as early as the caliph Umar, of being selective in the application of the jizya upon the people of dhimma. 

Even though Jizya it is not a personal head tax, for the sake of argument, one can either pay taxes willingly, or be punished through several forceful means including jail in case of refusal, or leave the country. In a secular state the issue is pretty much the same. Special taxes will apply to alien residents, who in addition to having to compensate the state for providing them with benefits of all kind, must also exempt themselves from the obligations and rights that apply to the citizen of that state (military service, various taxes on salaries, financial regulations etc). Paying that tax will protect them from being pursued and punished by that government. 

Some insidious critics like calling it "protection money". Every taxation system in the world is in fact aimed at providing protection; either by financing a system that preserves the well-being of the society as a whole, or by protecting against punishment, since failing to pay results in sanctions. Jizya is the rightful compensation demanded from the dhimmi, in exchange of the exemption from the laws, rights, obligations, penalties etc of that state religion in matters that do not concern the society as a whole. That is because the sharia for Muslim governance of non-Muslim citizens is that non-Muslims should not be forced to follow the moral laws dictated in the Quran. 

The idea that this model oppressed non Muslim dhimmis to the point they preferred conversion is unfounded, without any historical and documented basis. It wasnt therefore a system aimed at enriching anyone, but a legitimate compensation for concrete services and exemptions. That is why non-Muslims that volontarily participated in the military were exempted from the tax. Those that paid the tax and werent properly served were refunded. For instance when Muslim ruled Syria was threatened with invasion by the Romans and the Muslim ruler doubted whether he would be able to protect the non-Muslims of that region, he hastily returned their jizya money which was supposed to be partly aimed at guarantying their protection. Abu Ubaydah ibn al Jarrah told the Christians they would be bound by the agreement again only if he is able to fend off the Roman invasion. The Christians consequently prayed for Muslim victory, knowing that the Romans would never behave with them in such a manner.
 
Under that system, non Muslims enjoy complete religious autonomy as long as it does not conflict with the state religion. For example selling alcohol publicly. Dhimmis may deliberate, individualy deny, or reform their religious laws to their liking and to fit their desires without any concern about the laws of the state, again, so long as no conflict occurs between the 2. For example it is well known that Christian and Jewish elites enacted laws preventing their people from resorting to a Muslim judge in cases where their own laws were unfavorable.