Wednesday 28 June 2006

Umar's Treaty

Umar's Treaty

After the rapid expansion of the Muslim dominion in the 7th century, Muslims leaders were required to work out a way of dealing with Non-Muslims, who remained in the majority in many areas for centuries. The notion of the "dhimma", or "protected person", made way for non-Muslims, upon paying the jizya tax, to be protected and their rights and privileges ensured, upheld and protected. While they would have to pay such a tax, they would not be obliged to pay other Islamic taxes, soley to be paid by Muslims, such as the zakat.
This compares well with the treatment meted out to non-Christians in Christian Europe. The Pact of Umar is the peace accord offered by the Caliph Umar to the Christians of Syria, a "pact" which formed the patter of later interaction.



We heard from 'Abd al-Rahman ibn Ghanam [died 78/697] as follows: When Umar ibn al-Khattab, may God be pleased with him, accorded a peace to the Christians of Syria, we wrote to him as follows:


In the name of God, the Merciful and Compassionate. This is a letter to the servant of God Umar [ibn al-Khattab], Commander of the Faithful, from the Christians of such-and-such a city. When you came against us, we asked you for safe-conduct (aman) for ourselves, our descendants, our property, and the people of our community, and we undertook the following obligations toward you:

We shall not build, in our cities or in their neighborhood, new monasteries, Churches, convents, or monks' cells, nor shall we repair, by day or by night, such of them as fall in ruins or are situated in the quarters of the Muslims.

We shall keep our gates wide open for passersby and travelers. We shall give board and lodging to all Muslims who pass our way for three days.

We shall not give shelter in our churches or in our dwellings to any spy, nor bide him from the Muslims.

We shall not teach the Qur'an to our children.

We shall not manifest our religion publicly nor convert anyone to it. We shall not prevent any of our kin from entering Islam if they wish it.

We shall show respect toward the Muslims, and we shall rise from our seats when they wish to sit.

We shall not seek to resemble the Muslims by imitating any of their garments, the qalansuwa, the turban, footwear, or the parting of the hair. We shall not speak as they do, nor shall we adopt their kunyas.

We shall not mount on saddles, nor shall we gird swords nor bear any kind of arms nor carry them on our- persons.

We shall not engrave Arabic inscriptions on our seals.

We shall not sell fermented drinks.

We shall clip the fronts of our heads.

We shall always dress in the same way wherever we may be, and we shall bind the zunar round our waists

We shall not display our crosses or our books in the roads or markets of the Muslims. We shall use only clappers in our churches very softly. We shall not raise our voices when following our dead. We shall not show lights on any of the roads of the Muslims or in their markets. We shall not bury our dead near the Muslims.

We shall not take slaves who have beenallotted to Muslims.

We shall not build houses overtopping the houses of the Muslims.

(When I brought the letter to Umar, may God be pleased with him, he added, "We shall not strike a Muslim.")

We accept these conditions for ourselves and for the people of our community, and in return we receive safe-conduct.

If we in any way violate these undertakings for which we ourselves stand surety, we forfeit our covenant [dhimma], and we become liable to the penalties for contumacy and sedition.

Umar ibn al-Khattab replied: Sign what they ask, but add two clauses and impose them in addition to those which they have undertaken. They are: "They shall not buy anyone made prisoner by the Muslims," and "Whoever strikes a Muslim with deliberate intent shall forfeit the protection of this pact."


From Al-Turtushi, Siraj al-Muluk, pp. 229-230.
[This was a from hand out at an Islamic History Class at the University of Edinburgh in 1979. Source of translation not given.]


Has not the time yet come for those who believe
that their hearts should be humble for the remembrance of Allah and what has come down of the truth?
[57:16]


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