User:Aquib American Muslim/history of dhimma

Just keeping this around for a little while Aquib (talk) 17:56, 14 August 2010 (UTC)

Dhimma is the contract between an Islamic state and followers of other monotheistic, non-Muslim religions living under its protection. Contents [hide] 1 Description of the dhimma 2 Early history 3 The High Caliphate 4 The Middle Ages 5 References [edit]Description of the dhimma

Based on Quranic verses, classic Sharia distinguishes between Muslims, pagans, and the followers of other monotheistic religions, often referred to as "people of The Book." Jews, Christians and Hindus have traditionally been considered "people of The Book," and have been afforded a special status in Islam derived from a contract - "dhimma" or "residence in return for taxes". There are parallels for this in Roman and Jewish law.[1] Eventually, the largest school of Islamic scholarship applied the term "dhimmi" to all non-Muslims living in Islamic lands outside the sacred area surrounding Mecca, Saudi Arabia.[2] According to law professor H. Patrick Glenn of McGill University, "Today it is said that the dhimmi are 'excluded from the specifically Muslim privileges, but on the other hand they are excluded from the specifically Muslim duties' while (and here there are clear parallels with western public and private law treatment of aliens - Fremdenrecht, la condition de estrangers), [f]or the rest, the Muslim and the dhimmi are equal in practically the whole of the law of property and of contracts and obligations." Pagans are not afforded the rights and protections of the dhimmi. Nevertheless, according to the Quran and classic Sharia, no person can be compelled to convert to Islam - regardless of their religion or lack of religion. [edit]Early history

After Mecca was brought under Islamic rule, deputations from tribes across Arabia came to make terms with Muhammad and the Muslims. Some tribes submitted to Islam and became Muslim, other Jewish and Christian tribes agreed to pay the poll tax in order to keep their religion and stay in their homes. Most of the Bedouin pagans were given no other choice but submission to Islam.[3] One hundred years from its beginnings, the Islamic Arabian empire had expanded to include the lands of the Sassanians and the eastern half of Byzantine Rome. Sharia law was still in its infancy, and tribal law was more influential. The Arab conquerors included Christian as well as Muslim tribes. The Christian Arabs were regarded as fellow Arabs rather than dhimmis. The Arabs generally established garrisons outside towns in the conquered territories, and had little interaction with the local dhimmi populations for purposes other than the collection of taxes. The conquered Christian, Jewish, Mazdean and Buddhist communities were otherwise left to lead their lives as before.[4] [edit]The High Caliphate

Under Arab rule, the privileged classes and city dwellers of the subject peoples lost exemptions from taxation they had accumulated under their former rulers. Some conversions to Islam occurred among more prominent dhimmi families in order to regain status and privilege. Over time, the Caliphate consolidated its power, and the Arab conquerors intermingled with local populations.[5] Muslims and Jews were sometimes partners in trade, with the Muslim taking days off on Fridays and the Jew taking off on the sabbath.[6] Gradually, as the empire continued to expand, Arabic became the language of trade and governance in the conquered lands. Conversion to Islam was encouraged, and many did convert for religious and economic reasons. The population of the empire became more Muslim, especially in the cities; some areas became majority Muslim. Tribal law and custom became less influential in the cities, and Sharia law became the new norm.[7] There were numerous examples of oppressive policies towards the dhimmi during the high Caliphate. Umar II was particularly zealous in his efforts to convert dhimmi populations. It was under his direction that demeaning laws were put in place, such as forbidding Christians from riding horses or requiring non-Muslims to wear a sign of their religion when among Muslims. In some areas, tribal leadership was restricted to those of Muslim faith.[8] In the more general sense, the dhimmi contract was upheld and sustained in the lands of Islam. The Jews fared better under Muslim rule than under that of the Byzantines. Under the Muslims, the Jewish merchant class flourished. The Christians fared better under Muslim rule than under their former Sassanian rulers. The non-Muslim faiths became more associated with the peasantry, while Islam was perceived as an egalitarian, urban religion of social mobility. There was interchange and interplay between the religions; the Mazdeans deemphasized their worship of "godlings". Many Muslims continued to appreciate the seasonal celebrations of other faiths, although from a distance.[9] [edit]The Middle Ages

With the decline of the Caliphate came the corresponding ascendancy of the "piety minded", the ulema scholars, and Sharia law. One significant aspect of the evolution of Sharia with regards to the dhimmi was a tendency to discount the religious books of these other faiths rather than to study them. This resulted in a further stigmatization of the dhimmi populations.[10] During the Middle Ages, local associations known as futuwwa clubs developed across the Islamic lands. There were usually several futuwwah in each town. These clubs catered to varying interests, primarily sports, and might involve distinctive manners of dress and custom. They were known for their hospitality, idealism and loyalty. They often had a militaristic aspect, purportedly for the mutual protection of the membership. These clubs commonly crossed social strata, including among their membership local notables, dhimmi and slaves - to the exclusion of those associated with the local ruler, or amir.[11] By the end of the Middle Ages, most Jewish and Christian Arabs from the Arabian peninsula had been resettled in the Fertile Crescent, in spite of their protected status as dhimmis. There they were given land in compensation for their loss. Arabia was never completely cleared of all non-Muslims, but agreement was reached they should not be allowed in the vicinity of Mecca and Medina, even as visitors.[12] [edit]References

^ H. Patrick Glenn, Legal Traditions of the World. Oxford University Press, 2007, pp. 217-219. ^ al-Misri, Ahmad ibn Naqib. Reliance of the Traveler (edited and translated by Nuh Ha Mim Keller), pg 603. Amana Publications, 1994. ISBN 0-915957-72-8 ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 1. The University of Chicago, 1958, pg. 194. ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 1. The University of Chicago, 1958, pg. 227-229. ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 1. The University of Chicago, 1958, pg. 242-245. ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 1. The University of Chicago, 1958, pg. 302. ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 1. The University of Chicago, 1958, pg. 304-305. ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 1. The University of Chicago, 1958, pg. 269. ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 1. The University of Chicago, 1958, pg. 306-308. ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 1. The University of Chicago, 1958, pg. 446-447. ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 2. The University of Chicago, 1958, pg. 126-127. ^ Marshall Hodgson, The Venture of Islam Conscience and History in a World Civilization Vol 2. The University of Chicago, 1958, pg. 535.