Survey
* Your assessment is very important for improving the workof artificial intelligence, which forms the content of this project
Download by: Mahmood Hassaan al-Denawy 17 APR 2007
Document related concepts
no text concepts found
Transcript
Book'
the
'People
the
to
Attitudes
of
A Reappraisal
of
to
Reference
hadrth,
Particular
in the Qur'an and
with
'Umar
Covenant
the
of
Muslim Fiscal policy and
by: MahmoodHassaanal-Denawy
A thesis submitted in fulfilment of the requirements for the award
University
Doctor
Durham
Degree
the
of
of
of
philosophy
of
The copyright of this thesis rests with the
author or the university to which it was
submitted. No quotation from It, or
Information derived from It may be published
without the prior written consent of the author
or university, and any information derived
from It should be acknowledged.
October 2006
School of Government & International Affairs
IMEIS
University of Durham, Durham
United Kingdom
17 APR2007
II
Abstract
Book
People
in
Qur'an
the
to
the
the
of
This thesis is partially a study of the references
It
them.
with
theoretical
of
relations
the
for
Muslims,
groundwork
represent
which,
Prophet's
in
the
also considers the practical aspect of such relations as reflected
both
it
his
life.
during
In
Book
this
People
way, combines
of the
relationship with the
by
Qur'an
the
by
the
the
the
same
the theory represented
and
practical application of
Prophet. By looking at these two aspects, the study aims to provide a more
comprehensive perspective of the characteristics of the Qur'änic attitude towards the
People of the Book,
and to counter and correct some of the numerous
misrepresentations and misunderstandings that have existed throughout history
image
the
regarding
of the Qur'än in the minds of Muslims and non-Muslims.
Besides, the thesis is concerned with the study of the Muslim attitude towards the
People of the Book (ahl al-Kitdb) in general and Jews and Christians in particular. It
conducts detailed research based on primary sources illustrating the Qur'an and
hadith. This formed the conceptual framework of Muslim treatment of non-Muslims.
Part of this thesis will be dedicated to study `Umar Ibn al-Khattäb's treatment of nonMuslims. In order to provide more support for an accuratepicture of `Umar's treatment
of Jews and Christians, the study further analyses some historical episodes of his
treatment of Jews and Christians.
The study discussesand analyses the stepstaken by Prophet Muhammad and `Umar
Ibn al-Khattäb towards both Jews and Christians in early Islam. As `Umar's assurance
defines
Muslims
Christians
the
the
status
new
of
rule and
of safety
communities under
foundations
the
of the way Muslims should follow when treating People of
established
the Book in Islam, the study examines and critically analyses the Islamic taxation
Muhammad
by
`Umar.
debatable
Prophet
introduced
The
and
covenant of
system
`Umar will also be discussed.Finally, the study concludes with a final discussion and
summary of the findings, together with some critical remarks and recommendations.
III
Declaration
The author of this thesis declaresthat none of the material of this thesis has been
previously submitted to this or any other university and the works of others have been
acknowledged.
IV
Acknowledgements
First, all praise and thanks are due to Allah. I owe many people great deal of gratitude
for their support. First of all, I take this opportunity of expressing my deep sense of
from
Colin
P
Turner
I
Dr.
I
to
under
whom
and
whom
supervisor
worked
my
gratitude
have profited in the preparation of this work without his help and supervision this work
would not have come to fruition. I am grateful to him. My thanks is due also to other
members of the School of Government & International Affairs, the staff at Durham
University Library, and the University ITS staff for their help.
I should be grateful to my sponsor, the Egyptian Cultural and Educational Bureau in
London for their support. Most of all, my heartfelt gratitude is due to my wife, and to
my children: `Umar, Maryam, and Ibrahim. Without their continuous support and
unceasingsacrifices, I would have never been able to write this thesis.
My thanks is due to my mother, brothers,
and sisters for their prayers and support.
Last, I should thank all my colleagues in Durham University. They
are too many to
mention here. Therefore, I apologize if they are not singled out here
V
Dedication
I dedicate this work to my mother who has been patient during my long absence
outside the country, to the memory of my father, to my wife for her support and
patience,and finally to my beloved children `Umar, Maryam, and recently Ibrahim.
VI
Table of contents
Introduction
....................................................................................
1
Chapter One: The People of the Book in the Qur'än .................6
6
1.1Introduction
............................................................................... 8
1.2.1 Who are ahl al-Kitäb?
............................................................
10
1.2.2 Ah! al-Kitäb and ahl al-Dhimmah
.........................................
11
1.3 The Qur'änic approach to the People of the Book
..................
1.4 What does the Qur'än say about the People of the Book?
12
.....
1.5 The chronology of the Qur'än
13
.................................................
1.6 The Meccan period
19
.................................................................
1.6.1 The Qur'änic verses that praise the People of the Book
21
.....
1.6.2 Biblical prophets in the Qur'än
21
............................................
1.6.3 Features
27
of the Peopleof the Book
.....................................
1.6.4Arguingwith the Peopleof the Book
31
...................................
1.6.5 Prophecies
33
..........................................................................
1.6.6 The Qur'änic verses that criticise the People of the Book 34
...
1.6.7 Beliefs
34
.................................................................................
1.6.8 Scriptures
36
............................................................................
1.6.9 The Children of Israel (Banü lsrä'TI)
38
.....................................
1.7 The Medinan
40
period...............................................................
1.7.2 Verses in praise of the People of the Book
41
.........................
1.7.3 Reward in the Hereafter
41
......................................................
1.7.4 Preaching of Islam
43
...............................................................
1.7.5 Characteristicsof the Peopleof the Book
46
...........................50
1.7.6 Equality with other groups
...................................................
1.7.7 Domestic relations
52
...............................................................
1.7.9 Affinity with Muslims
55
............................................................ 56
1.7.8 Scriptures of the People
of the Book ...................................
1.8 Verses that criticise the People of the Book
58
1.8.1 Perverting God's words and breaching His...........................
covenant.......... 59
1.8.2 Wishes of the People of the Book
64
.......................................
1.8.3 Allegations
67
...........
...............................................................
.
1.8.4 The attitude of the People of the Book towards prophet
Muhammad
72
..................................................................................
1.8.5 Attitude of the People of the Book towards Muslims
75
...........
1.8.6 Concealing the truth
79
...............................................
..
.
..........
1.8.7 Contradictions and disagreements
82
......................................
1.8.8 Dealingwith scriptures
85
........................................................
1.8.9 Beliefs
88
................................................................................ .
1.8.11 Befriending the People of the Book
93
.................................. .
1.8.12 The Children of Israel (Bane Isrä'iI)
95
..................................
.
1.9 Meccan or Medinan?
96
............................................................. .
Chapter Two: People of the Book in the hadith
99
.......................
VII
99
2.1 Introduction
............................................................................
99
2.2 The definition and meaning of sunnah
...................................
2.3 The place of sunnah in Islamic law
103
.......................................
2.4 The definition of hadith
104
.........................................................
2.5 The relation between hadTthand sunnah
107
.............................
2.6 The authenticity of hadrth
108
.....................................................
2.7 The range of hadTthused in this chapter
111
..............................
2.8 The prophetic attitude towards the People of the Book........ 112
2.9 The frame of references
113
.......................................................
2.10 The constitution of Madinah
113
...............................................
2.10.1 Introduction:
113
..................................
..................................
2.10.2 Background and importance
115
...........................................
2.10.3 Authenticity and date
118
.....................
..................................
2.10.4 Articles of the constitution
122
................
...............................
2.10.5 Effects of the constitution
125
...............
.................................
2.11.1 Introduction
127
........................
.............................................
2.11.2 The right to life
128
......................
...........................................
2.11.3 Rights of neighbourhood
131
.................................................
2.11.4 Commercial transactions with the People the Book 132
of
....
2.11.5 Greetings
134
....................
.....................................................
2.11.6 The Prophets of the People of the Book in the hadTth 135
.....
2.11.7 Reward in the Hereafter
138
..................................................
2.11.8 Similarities with the People of the Book
139
..........................
2.11.9 Political contacts
142
..............................................................
2.11.10 Armed encounters
145
.........................................................
2.11.11 The penal code
150
..............................................................
Chapter Three: poll tax (Jizya)
................................................
155
3.1 Introduction
155
..........................................................................
3.2 Etymology of jizya
155
................................................................
3.3 The poll tax in pre-Islam
158
.......................................................
3.4 The origins of jizya in the Qur'än
160
..........................................
3.5 The concept of jizya in the hadith
166
.........................................
3.6 Jizya at the time of the Prophet
169
............................................
3.7 The Covenant of dhimmah (`aqd al-Dhimmah)
169
.....................
3.8 The basis of jizya in Muslim jurisprudence
174
...........................
3.8.1 Dar al-Islam, Dar al-Sulk, and Dar al- al-Narb
177
...................
Dar al-Islam
177
................................................................................
Dar al-Sulk
178
..................................................................................
Dar al-Harb
178
.................................................................................
3.8.2 Types of jizya
179
.....................................
...............................
3.8.3 The amount of jizya
180
................................ ...........................
3.8.4 When is jizya due?
184
................................
.
.
..
.
......
..
...............
3.8.5 When is jizya waived?
184
.............................
..
........
................
3.8.5.1 Conversion and death
184
.
...................................................
3.8.5.2 Failure of protection
185
..........................
..............................
3.8.5.3 Elapse of time
186
...................................
..............................
4.8.5.4 Participation with Muslims in military activities
186
...............
3.8 7 Jizya today
188
.
........................................................................
VIII
3.8.8 Is the jizya tax oppressive?
188
...............................................
3.8.9 The purpose of imposing this tax
191
......................................
Chapter Four: Land tax (kharäj) and tithe ('Ushr)
194
.................
4.1 Introduction
194
..........................................................................
4.2 Etymology
194
............................................................................
4.3 Kharäj in pre-Islamic times
196
...................................................
4.4 The basis of kharäj in the Qur'an
198
.........................................
4.5 The concept of kharaj in hadTth
199
............................................
4.6.1 The divisions of land according of kharaj
201
..........................
4.7 Types of Kharäj
203
....................................................................
4.7.1 (kharäj al-Wa?ffah) (kharäj on land and produce)
203
.............
4.8.2 (Kharäj al-Mugäsamah) the proportionate kharaj
204
..............
4.9 The amount of kharaj
205
..........................
.................................
4.11 When is kharäj waived?
207
.....................
................................
4.10 Is kharäj the same as jizya?
208
......................
.........................
4.13 Tithe (`ushr)
209
..............................
..........................................
4.14 Etymology
210
..............................
............................................
4.15 `Ushr before Islam
210
....................
..........................................
4.16 The basis of `ushr in the Qur'an and hadith
212
........................
4.17 How is 'ushrviewed in Muslim jurisprudence?
215
...................
4.18 The
`ushr
amount of
216
...........................................................
Chapter Five: The Covenant of `Umar I
219
..................................
5.1 Introduction
219
.
.........................................................................
5.2 The Importance of Jerusalem in history
219
...............................
5.4 Expulsion of Jews from Jerusalem
223
5.5 The covenant of 'Umar I (Covenant.......................................
I)
224
.................................
5.5 An introduction to covenant II
226
...............................................
5.6 Authenticity and date of the covenant
228
..................................
5.8 Articles of covenant II
230
5.9 The different asänTdof...........................................................
the covenant
231
5.9.1 The isnäd of Abü Yüsuf: (113-182 ....................................
AH)
231
5.9.2 The isnäd of 'Abd al-Razzäq al-San'äni .............................
(126-211 AH)
232
.....
5.9.3 The isnäd of Abü 'Ubayd (157-224 AH)
237
.............................
5.9.4 The isnad of AbO Bakr al-Khalläl (234-311
AH)
238
.................
5.9.5 The isnäd of Ibn Zabr al-Qädi: (255-329 AH)
239
....................
5.9.6 The isnäd of Ibn 11azmal-Andalusi (384-456 AH)
241
.............
5.9.7 The isnäd of al-BayhagT(384-456 AH)
241
.........................
.
.
...
5.9.8 The isnäd of Abü Bakr al-Turtüshi(451-520 AH)
242
...............
5.9.9 The isnäd of Ibn 'Asäkir (499-571 AH)
242
.......................
.......
5.9.10 The isnäd of Ibn Taymiyah: (542-622 AH)
245
.......................
5.9.11 The isnäd of Ibn Qayyim al-Jawziyyah (691-751 AH)...... 245
5.9.12 The isnäd of al-Qalgashandi, (756-820 AH) Vol: 13, p.357247
5.9.13 The isnad of al-Abshihi (790-850 AH)
248
.............................
5.10 'Umar's I tolerance towards the People of the Book........... 248
5.11 Analysis of the covenant
250
......................
..............................
Conclusion
255
.................................................................................
IX
An appendix of the Qur'änic verses discussed through chapter
one ............................................................................................. 260
A comprehensive appendix of the Qur'änic verse that refer to the
Jews and Christians
261
...................................................................
A comprehensive appendix of the traditions found in the Harf
Encyclopaedia CD-Rom and which refer to Jews and Christians.264
Bibliography
271
...............................................................................
X
Introduction
The purpose of the inquiry
The need to understand the real attitude of Islam towards the People of the Book is
has
from
Recently,
this
the Western and
received
much
subject
attention
significant.
Muslim trends. It is one of the persistent issuesthat still needs more clarification. Ever
since its advent 1400 years ago, Islam gave a peculiar attention to the People of the
Book. It acknowledges that there is a relationship of mercy between them
and Muslims
since all having in common the bases of the true religion sent by God to be preached
by His messengers.The study in question aims to
present the Islamic perception of the
People of the Book (ahl al-Kitäb), more precisely Jews
and Christians. The study shall
endeavourto investigate the coexistencebetween these two groups and Muslims within
a specific era.
In general, the attitude toward these People of the Book in the Islamic territories
was
shaped in principle in accordance with the concept of dhimma, meaning protection
granted to them by agreement or treaty. In return, their lives and property were
protected and, in accordance with the general attitude of Islam to infidels, they were
liberty
assured
of faith and worship. They were also permitted to organize themselves
as they wished, and the Jews fully availed themselvesof that permission.
Muslim attitude towards the People of the Book seems a wide subject that
still
occupies a broad-spectrum of opinions ranging from support to opposition. In order to
achieve this objective, the researcher has therefore searched through scattered
historical writings of different tendenciesthat are involved, either directly or indirectly
on the study. This subject has not been tackled in full before in its present context
because,most probably, it might have been not important
in
enough
previous times
a
like nowadays. It is becoming of a vital importance in our times especially after there
have been some misconceptions regarding the Muslim/ non-Muslim relations. This
thesis is, however, not entirely dedicated to investigate the legal status of the People of
the Book since this subject has already been tackled by some other authors. Nor the
long
is
describe
the
to
course of events and clashes that occurred
objective of which
throughout different historical epochs. The inquiry tries to analyze the Muslim nonMuslim relations within a specific era and to show to what extent these relations
extended.Above all, the study probes to give a brief account of the encountersthat had
taken place among the followers of the three divine religions within that era.
Furthermore,the study suggeststhat these spiritual kinship relations might be
reconsideredon the basis of a religious prospective.The task of the researcheris
primarily not to identify the relevantsourcesconcerningthe Peopleof the Book, rather,
is to gather these sources, analyze them, and bring them together into one separate
work. Finally, the thesis aims to present the today's point of view of how Muslims
should deal with the People of the Book in the light of the Qur'än and f7adith.
Scope and limitation of the study
The sphere of this study might cover a
variety of opinions in Islamic studies. Due to
the wideness of this subject, I have to confine myself to two significant periods: i. e. the
mission of prophet Muhammad (571-631 AD/0-11 AH) and the reign of the Caliph
`Umar Ibn a1-Khattäb (13-23 A. H/633-643 A. D). In doing so, the Qur'än, the
traditions of the Prophet will be the main bases of the thesis. The views of the four
Sunni Muslim schools of law and their importance to the subject according to the
into
be
taken
their
times
exigency of
consideration as well. The constitution of
will
Medina that the Prophet concluded with the Jews of Medina is another subsidiary
document of the thesis. In addition the practices of the Caliph `Umar will be reviewed.
2
the
in
document
to
constructing
rely on
The study considers the pact of `Umar as a
thesis.
Research Hypotheses
Book:
People
the
hypotheses
to
the
following
of
three
related
This thesis examines the
been
has
People
Book
the
the
Muslim
towards
so
of
(1) The sphereof the
attitude
limited in previous writings and is in need for further illustration.
(2) The era of `Umar Ibn al-Khattäb and especially his attitude towards the People of
the Book has not been covered in full and still needsfurther discussions
Research methods
The main aim of the inquiry is to show the Muslim perception of Christianity and
Judaism and to confine this to a limited period of time. I have used different method
for data collection to achieve the aim of doing this thesis. Methods that have been used
are:
(1) Primary sources
Numerous are those historical classic Arabic and Western works that touch upon this
subject. I would begin with the Arabic sources since they form the majority of the
different sources upon which the researcher will mainly depend on. I would review
those sources according to the structure of my study. The researcher shall use diverse
for
That
this
work.
will involve electronic journals, manuscripts, periodicals,
material
basic
be
The
kind,
CD-ROMs.
the
this
most
used
material of the
one
will
of
which
and
hadith.
be
have
Harf
CD-ROM
I
Encyclopaedia
the
of
used
second chapter, would
books,
books,
doctoral
Arabic
English
form
in
theses.
the
and
of
primary sources
Nonetheless,these sources did not involve deeply on the Islamic attitude towards both
Jews and Christians to the extent that they might be of a limited value to a researcher.
3
(2) Manuscripts
Another method that will be used for this thesis is manuscripts. There is an important
Zabr
by
is
Ibn
It
is
the
al-Qädi
to
one
written
my study.
manuscript, which
relevant
(Abü 'Abd Allah Muhammad Ibn Ahmad) titled: (shuurüt al-Nasärd) the regulations
be
It
Christians.
used as one of the old asänid which refers to the covenant of
will
of
'Umar I. It is within reach at Dar al-Kutub wa al-Wathäiq al-Qawmiyyah (The
National House of Books and Documents) in Cairo.
(3) Electronic journals
The last sourcethat will be usedin building up this thesisis to choosesomeelectronic
journals. My thesis depends slightly on these journals. They present a modem
conceptionof the scopeof the Muslim/non-Muslim relations and link them to some
contemporaryissues.The researcherhas made every possible attempt so the thesis
for
be
been
in
have
form.
date
this
All
the
could presented
utilized
present
of
sources
thesis.
Structure of the thesis:
The structure of the thesis is to organize it into five chapters. Each chapter will cover a
different angle of the study.
Chapter one which is the longest one in the thesis is devoted to the study of the People
of the Book as they are presented in the Holy Qur'än. An analytical study will also be
given regarding the meanings of these Qur'änic references in accordance with the
opinions of the selectedexegetesof the Qur'an. The chapterwill divide theseverses
into themes taking into consideration the different periods of the Qur'än revelation.
Mainly it will look at the verse that praise the People of the book on the one hand, and
on the other hand will refer to the verse that criticise them
4
Chapter two will refer to the prophetic traditions pertaining to the people of the Book.
The chapter will deal with other relevant issuesthat reveal how the People of the Book
('aqd
include
in
literature.
This
the
are presented the adTth
covenant of protection
will
Jews
Medina
the
that
the
the
with
al-Dhimmah) and
constitution of
prophet concluded
different
deal
People
Medina.
The
Book
the
through
the
of
chapter will
with
of
subjectsthat relate to them.
Chapter three focuses on Poll tax (jizyah) imposed on the People of the Book. This
chapterwill take into consideration the following points:
The amount of this tax, did this amount vary from the time
of the prophet till the
caliphate of 'Umar I, who was exempted and the basis behind this tax? Why should the
people of the Book pay such tax? Was there any other kind of taxes imposed on the
people of the Book? The opinions of Muslim schools of law regarding these taxes will
also be assessed.
Chapter four will view the other two kinds of taxes i. e. Land Tax (kharäj) and tithe
('ushr). The chapter will show the basis of these two taxes, their application, and when
they started. The opinions of the four Sunni Muslim schools of law will be taken into
consideration as well.
Chapter five is mainly concernedwith the covenantof 'Umar.This will include:
history
brief
of Jerusalem, its importance, and the reasonsthat caused the Caliph to
a
different
the
this
covenant,
conclude
asänid (chain of narrators) of this covenant, and
its authenticity. An analytical study on the covenant of `Umar will be given at the end
of this chapter.
5
Chapter one
People of the Book in the Qur'än
Chapter One: The People of the Book in the Qur'än
1.1 Introduction
Jews
and
Islamic law confers special legal status on two major religious groups,
They
enjoy
designating
by
them as protected communities.
Christians (ahl al-Kitäb)
be
it
Qur'än,
In
can
this status which accord them several privileges. the study of the
followers
the
other
to
of
it
has
that
full
refer
that
verses
various
accuracy
said with
different
deal
that
found
be
the
with
entire verses
out through
religions. This could
important
is
Book
the
issue.
People
The
the
subjects
among
of
themes related to this
large
dedicated
to
number
a
Qur'an
to which the
gives a special attention, and which
of its verses.
book
People
how
the
describe
are
the
is
of
This chapter an attempt to
and understand
Meccan
i.
involve
the
and
in
Qur'än.
This
two
the
e.
of
revelation
periods
will
viewed
have
that
different
here
The
themes
Medinan.
and objective
represent
verses gathered
is
The
the
Qur'än.
to
to
this
the
numerous works on
through
add
chapter
not
aim
of
run
both
Qur'änic
perceptions of
the Muslim/ non-Muslim relations; rather, to study the
Jews and Christians. A large number of the Qur'änic verses refer to Jews, particularly
during the time of Prophet Moses. This is a wide subject to be tackled here and it has
be
by
here
done
been
the
Hence,
the
on
mainly
will
other
authors.
emphasis
previously
Muhammad's
Jewish
Prophet
Christian
during
to
the
that
refer
and
communities
verses
time. Another objective is to give more clarification to some misconceptions that have
arisen due to the lack of understanding the right contexts of the verses.
Although the phrase ahl al-Kitäb (People of the Book e.g. 2: 105 and 3: 65) occurs
in various contexts and with different attributes and is most frequently used, another
common phrase which has the same significance is al-Ladhina dtaynähum al-Kitäba
(those to whom we have sent the Book) and examples are found at: 2: 121; 13:36;
28:52. As Saritoprak argues, the term ahl al-Kitdb has a positive meaning. He
explains:
The Prophet's use of the term ahl for his family showing that the quranic approach to the
Christians and Jews, using the same word, is tender and highly respectful. The Qur'än, by
calling the adherentsof Judaism and Christianity ahl al-Kitäb pointing out that they have a
'
that
they
scripture and
read.
Similarly, al-Ladhina 'ütü al-Kitäb (those who had received the Book to be found
at: 3: 131,5: 5, and 74:3 1) occurs throughout the Qur'an and refers mainly to the People
of the Book. There are two ascriptions to the People of the Book, both appearing only
in
the Qur'än; the first one is al-Ladhina 'ütü al-71m (those who were given
once
knowledge 17: 107) and the second
one is al-Ladhina yagr'üna al-Kitäba min qablika
(those who have been reading the Book from before
you 10:94).
Furthermore, People of the Book are
referred to as ahl al-Dhikr (people of
knowledge who possessthe Message, 16: 43; 21:7). They
due
to
to
such
are referred as
the fact that they are the only group of people besides the Muslim to have a "book"
revealed to them. The Christians had their "book" revealed to them through Jesus(`Isa)
and the Jews through Moses (Mttsa). In addition, both groups are called banü Isrä'11
(the Children of Israel). Although
some verses use this expression to denote only Jews
during Prophet Moses's mission (2:40-47,5: 70,7: 137),
others use it to refer to
Christians during Prophet Jesus's mission (3:49,5: 110,61: 6-14). While the Qur'än,
on
the one hand, defines Jews as al-Ladhina hddü ( those who followed the Jewish
scriptures, 6: 146; 16:118,2: 65; 5:41,44,69),
1:63; 16:124; 2: 65 ), and al-Yahild
ashäb al-Sabt (people of the Sabbath
(e.g. 2: 113,5: 82, and 9:30), Christians, on the
other hand, are called ahlu al-Injil (People of the Gospel, 5:47) and al-Na, ärd (e.g.
Saritoprak,
Zeki.SaidNursi'steachings
onthePeopleof theBook,IslamandChristian-Muslim
relations,11(3),200,321-332.
7
2:62,5: 18, and 9:30). Some Muslim and Western writings call them ahl al-Dhimmah
(those who have a covenant of protection with Muslims). Although different authors
frequently use this term, it never appearsin the Qur'än in any form. Different works of
People
Qur'änic
the
towards
been
have
the
to
Qur'an
attitude
the
chosen show
exegesis
different
include
This
Book.
classical and modem exegetes who represent
will
of the
schools of thought.
In this connection, Gilliot assumesthat some early works dealt with the exegesis
Athär
150),
(d.
kitäb
ft
Qur'an.
They
Jurayj
Ibn
hurüf
the
are:
al
wa
al-Tafsir of
of
following Mujähid, 'Atä b. Abi Rabäh, (d. 114), and the disciples of (ashäb) of Ibn
`Abbas, then the book of Mu'ammar b. Rashid al-San`äni, (d. 154) on the prophetic
tradition and the Muwatta' of Malik b. Anas (d. 179). Similarly, Gätje states that the
first work of this kind was of Ibn `Abbas. Gätje further adds that among his pupils who
wrote independent works were: Said b. Jubair (d. 713), Mujähid b. Jabr (d.721),
`Ikrimah (d.724), `Atä b. Rabäh (d.732), and Abü Sälih Bädhäm (d.719). According to
the same author, some other exegetes of the first hijri century who followed Ibn
`Abbas footsteps were: al-Hassan al-Basri (d.728), Qatädah b. Di`äma (d.730), and
Muhammad b. Kalb al-Qurzi (d.735 or later).3
1.2.1 Who are ahl al-Kitdb?
The Qur'än reconfirms the fact of earlier revelations from God and hence it gives to
the adherents of "Torah" and "Injil, " Jews and Christians, the appellation of "ahl-alKitäb, " the people of the revealed scriptures. Though the Qur'än explicitly identifies
the Jews and Christians as "ahl al-Kitäb", the term in its general import and implicit
Qur'änic allusions extends to all religious traditions which might concur with
2 Gilliot, Claude. The beginnings Qur'änic
exegesis,in: Rippin, Andrew. The Qur'an formative
of
interpretation. Aldershot: Ashgate, 1999, pp. 3-4.
3 Gätje, H. The Qur'an
and its exegesis:selected texts with classical and modern Muslim interpretation.
London: Routledge and Kegan Paul, 1976, p.33.
8
identifying their religious sourcesas derived from one and the sameDivine source.
While the concept of the People of the Book was originally coined to refer to the
major monotheistic traditions in the Arabian milieu, some jurists attempted to
expand the term theologically to include other groups such as the Zoroastrians in
Iran and Hindus and Buddhists in India as the Islamic tradition spread outside the
Middle East and Muslims encountered other religious traditions. With the spread
of Muslim rule over Asia, India, and Africa, some Muslim jurists later included
both Hindus and Buddhists in the category of "ahl-al-Dhimma"
by
which,
extension, absorbed all non-Muslims who chose to be the subjects of the Muslim
rule. When we try to define the term ahl al-Kitäb, it should be noticed that the
meaning of this term varies through decades.Literally, People of the Book refers
to the followers of divine revelation before the emergence of Islam. Thus, as
Cohen states ahl al-Kitäb
are those non-Muslims recognised by Prophet
Muhammad as recipients of a divinely revealed scripture.
Waaredenburg explains that ahl
al-Kitäb denotes: "Jews and Christians who,
according to the Qur'an, received revealed scriptures just as Muslims received the
Qur'an. Through Moses, the Jews
received the Tawrät; through Jesus, the Christians
received the Injil. "5 Muhhibu-Din gives a more detailed definition: "it is the term used
for the people who profess a religion recognized by Islam to have been
of divine
origin. Among these people are the Jews, Christians, Sabaeans,and Zoroastrians or
Magians."6 He demonstrates that they are entitled to protection of their
religion,
culture, social, economic, and political institutions and their property.7
4 Cohen, Mark. R. Under Crescent
and Cross. Princeton, N. J: Princeton University Press, 1994, p. 52.
s Waaredenburg,
Jaques.Muslim perceptions of other religions (a historical survey). London: Oxford
University press, 1999, p. 6.
6 Muhhibu-Din. M. A, Principles Islamic
of
polity towards ahl al-Kitab and religious minorities.
.
Journal of Muslim minority affairs, 2004,24 (1), 163-174.
7Ibid, 165.
9
Khadduri argues that the term applies to all non-Muslims who possess a scripture
8
Mcauliffe
Finally,
(dar
in
live
Islam
states
they
the
whether or not
abode of
al-Isläm).
that the term ahl al-Kitäb is:
A quranic term used to designate both Jews and Christians. The term has also
alternative forms that do not change its fundamental meaning, that is to say people
it
divine
"book"
book
to
of
who possess a
presumably
origin or
or part of
who such a
was given .9
The term ahl al-kitäb is mentioned in the Qur'an twenty-four times, referring to
Christians and Jews in particular. The context of these Qur'änic references varies.
Some of these verses praise the People of the Book for their
righteousness and good
deedsand faith in the afterlife (3.113). Other
verses rebuke them for not following the
way of God (3.99). A group of these verses invite the People of the Book to a common
ground between Muslims and themselves (3.64). Another group of these verses
indicates an intimate relationship between Muslims
and Christians (5.82). These
referencesand others will be thoroughlydiscussedin the following sections.
Admittedly, not all Muslims were comfortable
with the broadening of the term
"People of the Book" to include
religious scriptures and traditions not mentioned
specifically by name in the Qur'an, but the fact remains that these types of
interpretations were made
possible by the pluralistic nature of the Qur'änic worldview.
1.2.2Ah! al-Kitäb and ahl al-Dhimmah
Some authorsuse the two terms interchangeably,but in fact, they have different
"Ahl
is
connotations.
al-Kitäb" a Qur'änic designationmeaning"Peopleof the Book"
and refers to Jews, Christians and other faith communitieswhom Muslims believe
receiveddivinely-revealedscripturesin history. Furthermore,the term establishesa
spiritual kinship among the monotheistic faith traditions that hold Abraham as a
8 Khadduri, M. War
and peace in the law of Islam. Baltimore: Johns Hopkins Press, 1955, p. 176.
9 Mcauliffe, Jane Dammen. Encyclopaedia
of the Qur'än. Leiden: Brill, 2001,4: 38.
10
"dhimmis"
"ahl
The
term
as will
or
patriarch.
al-Dhimma"
be seen refers to
communities of non-Muslims (Jewish, Christian or otherwise) who came under
Muslim rule historically and accepted a "protected" status that allowed them to
continue practicing their faith without hindrance.
1.3 The Qur'änic approach to the People of the Book
Before embarking on a discussion of the processthat the Qur'än adopts to approach
this theme, a number of preliminary observations should be made. Prophet Muhammad
had been preaching Islam for almost thirteen years before he
came into extensive
contact with Jews and Christians. The Qur'änic perception of other religions in general
and the People of the Book in particular has a theological significance for Muslims. It
shows a sympathetic attitude towards Jews and Christians, who share the same
monotheistic belief as Muslims. Waardenburg shows the Qur'änic attitude towards
some Christian aspectsand maintains that: "the quranic attitude toward Christian piety
and spirituality is essentially one of recognition and respect."lo
Broadly speaking, Islam does not
does
divine
It
the
religions.
oppose any of
not
oppose Judaism; on the contrary, it acknowledges prophets such as Abraham, Isaac,
and Jacob. It recognises Moses and the Book that was revealed to him. "l People of the
Book in the Qur'än are so broad a subject that needs to be broken down into more
divisions.
It should be noted that the revelation of the Qur'än occurred
manageable
piecemeal, over a period of twenty-three years, sometimes in brief verses and
sometimes in longer chapters. In attempting to give an account of the overall structure
of the sürahs12of the Qur'an which refer to the People of the Book, this section will be
10Waaredenburg,
op. cit, p. 123.
Al-Faruqi, Ismail Raji. Jerusalem the key to world peace. London: Islamic Council of Europe, 1980,
77.
The word sürah refers to one of the 114 chapters of the Qur'an. Literally, it means "row" or "fence"
and it appearsnearly nine times in the Qur'an.
11
Book,
People
the
the
of
divided into two parts. Firstly, it will look at verses that exalt
them
that
Secondly,
criticise
Muslims.
verses
those
to
of
them
equal
some rights
giving
Muslim
their
terms
do
counterparts.
them
with
on equal
and not put
that
Qur'änic
were
(1)
further
the
verses
These Qur'änic verses are
subdivided:
began
Muhammad
A.
D)
Prophet
609-22
(Meccan
Makkah13
where
verses
at
revealed
(Medinan
Madinh
verses
Qur'änic
that
The
(2)
were revealed at
his mission.
verses
622
Madinah
from
Makkah
Muhammad's
to
622-632 A. D) after Prophet
emigration
AD. The sole purpose of this classification is to give a senseof how the Qur'än treats
these verses which vary in the way of addressing the People of the Book. In modern
prints of the Qur'än the terms "Meccan" or "Medinan" are placed after the title of each
in
life
this
"sürah"
indicate
Muhammad's
Prophet
sürah
to
which
the
chapter
phase of
was revealed.
1.4 What does the Qur'an say about the People of the Book?
It should be noted that the Qur'an, through the entire sürahs, never addressesthe
People of the Book without saying "0 People of the Book" or "0 you have been given
the Book", showing thereby that they are of a revealed religion. It has been previously
is
Book,
People
the
that
dealing
Qur'an
the
has
that
the
of
two
mentioned
with
ways of
praising or criticising them. To this issue Abdel Haleem states:
Christians and the Jews who lived among an overwhelming Muslim majority are
(
in
by
`People
honorific
Qur'an
the
term
the
the
to
ahl
al-Kitäb
of
using
referred
,
the Book') not as `minorities', in the way that other religious groups in the West, are
described.14
In the Qur'an,both Jewsand Christiansare often referredto as amongthe "Peopleof
from
believed
have
in
is
"
Book,
the
that peoplewho
receivedand
previousrevelation
13The researcherwill replace the words Mecca and Median with the original Arabic words as they are
pronounced in Arabic i. e. Makkah and Madinah.
4 Abdel Haleem, M. Understanding the Qur'an. London: Tauris, 1999, p.73
12
Jews,
between
highlight
the
God's prophets. There are verses that
commonalities
Christians, and Muslims. Other verses warn Jews and Christians against sliding
towards polytheism in their worship. Thus, the Qur'an's approach to this subject takes
different approaches.It deals with many issues that relate to the People of the Book,
the first and foremost being monotheism. It tackles other points such as Creation, the
Holy books of the People of the Book and their prophets, the Day of Judgement and
be
history
Muslims.
These
their
the
will
of
encounters with
points
resurrection, and
illustrated in full in the following sections. Moreover, the Qur'än shows the People of
the Book's attitude towards Prophet Muhammad and Muslims. 15 Remarkably, the
Qur'ä.n uses two different terms when it refers to Jews. Firstly, banü Isrä'il (Children
of Israel) refers to the ancient Jewish communitiesduring ProphetMoses'smission,
and secondlyal-Yahüd (the Jews) standsfor the Jewish community during Prophet
Muhammad's mission. About 100 Qur'änic verses mention the Jews by name, either as
"Jews" or as the "Children of Israel", or yet as "those who followed the right path."
Aside from these verses, there are many others that deal with the Jews without
mentioning them by name, and only the commentators draw our attention to the fact
that the people described in those verses are no other than the Jews.
1.5 The chronology of the Qur'an
The chronology of the Qur'an has historically been one of many Islamic subjects
dealtwith only by religious scholars.Sincethe 19thcentury,though, it has also beena
interest
Western
Qur'an
to
scholars.These two groups have
subject of particular
different methodsand motivationsfor studyingthe Qur'än, but, in both casesthereare
similarities between their techniques and goals.
15Seethe
appendix for the Qur'änic verses that refer to the People of the Book in the two different
periods of Prophet Muhammad's life.
13
Qur'än
is
how
the
arranged.
been
was
has
issue
The
concern
there
much
about which
done
it
the
Was it a revelation to Prophet Muhammad to arrange
sürahs or was
The
his
of
(ijtihäd)
version
individual
main
companions?
to
the
of
according
reasoning
Caliph
by
third
is
the
the
from
one
the Qur'an
which all other copies are originated
`Uthmän.
b.
Alläh
`Abd
b.
639),
Ubay
(d.
Ka'b
in
Other copies were
circulation: the copy of
Mas`üd (d.653), Abü Müsä al-Ash`ari (d.662), and finally the copy of al-Migdäd b.
`Amr (d.653).16The chronology followed in these copies is the same apart from the
difference in words due to the dialects. Furthermore, Bell sharesthe same opinion and
maintains that four copies of the Qur'än that were in circulation between Muhammad's
death and the formation of a definitive text. These are: that of `Ubay b. Ka'b whose
reading was followed by the people of Syria, that of `Abd Allah b. Mas`üd whose
reading was followed by the people of Küfah (Iraq), Abü Müsä al-Ash`ar whose
reading was followed by the people of Barrah, and that of al-Migdäd b. `Amr whose
'7
followed
by
Homs.
The chronology of the Qur'än, apart
reading was
the people of
from the current one that most Muslims know, has witnessed change in the last few
decades. Commenting on the issue of the current chronology of the Qur'än, Abel
Haleem states:
The form of the Qur'an still, to this day, follows this original arrangement without
is
bibliographical,
It
historical
in
its
or
editing.
nor
alteration
any
not
arrangement,
18
form
lectures,
in
book
by
the
of
nor a
cited and arranged scholars.
nor
In contrast,Nöldeke and Blachere, whose works are frequently used in Qur'änic
European
authorswho rearrangedthe sürahs of the
studies,are amongcontemporary
Qur'anaccordingto the time of revelation.
16Gatje,
op. cit., pp.24-25.
17Bell, Richard. Introduction to the Qur'an. Edinburgh: Edinburgh University Press, 1953, p. 40
18Abdel Haleem,
op. cit., p.4
14
Nöldeke observed a progressive change of style from exalted poetical passagesin the
in
followed
Islamic
long
later.
He
deliverances
tradition
the
to
early years
prosaic
recognizing a division into sürahs which were revealed at Makkah and those which are
19
is
Nöldeke's chronological order of the sürahs:
revealed at Madinah. The following
Meccan sürahs.
First period (from the first to the fifth year of Muhammad's mission):
96,74,111,106,108,104,107,102,105,92,90,94,93,97,86,91,80,68,87,95,
103,85,73,101,99,82,81,53,84,100,79,77,88,89,75,83,69,51,52,56,70,55,
112,109,113,114,1
Secondperiod (the fifth and sixth yearof his
mission)
54,37,71,86,44,50,20,26,15,19,38,36,43,71e
of2,67,23,21,25,17,27,18
Third period(from the seventhyearto the flight)
32,41,45,16,30,11,14,12,40,28,39,29,31,42,10,34,35,7,46,6,13
Medinan sürahs
2,98,64,8,47,3,61,57,4,65,59,33,63,24,58,22,48,66,60,110,49,9,5
Nöldeke and Blachere are
not the only authors to adopt this method of rearranging the
sürahs. Al-Syuti states that `Ali b. Abi Tälib the fourth Caliph arranged the sürahs
according to the time of revelation.20It is important to refer to the chronology of the
Qur'an, as this will lead us to understand how the Qur'an approachesthe People the
of
Book. In this connection, Marshall explains:
While Nöldeketendsto treat surhasas unities, implying that they always existed
as
such,BlachereacknowledgesBell's basic points that the surahsshould be seenas
literary
units, and the later passageshave sometimesclearly
compilationof smaller
beeninsertedinto earlier ones.21
19Müller, F. Max. Sacred books the East, Oxford: Clarendon Press, 1880, VI: IXIV.
Pleasenote
of
that the numbers written in Muller's work are in Roman figures.
20AI-Syuti, Jalal
al-Din `Abd al-Rahmän b. Abü Bakr. Al-Itgan fi 'ulüm al-Qur'an. Beirut: Dar alKutub al-'Ilmiyyah, 2001,1: 124.
21Marshall, David. God, Muhammad,
and the unbelievers. Richmond: Curzon, 1999, p.21.
15
In his comment on this issue, Abdel Haleem comments: "If the Qur'an were arranged
in chronological order it would have been a biography or historical recorded."22
Stanton divides the revelation of the Qur'an into three different periods. Firstly, when
the companions migrated to Abyssinia; secondly when Prophet Muhammad migrated
from Makkah to Madinah, and thirdly when Prophet Muhammad's mission as a
legislator.23Marshall summarizes the viewpoints of Blachere and Nöldeke with regard
to the chronology of the Qur'an, and states:
While Nöldeke tends to treat surhas as unities, implying that they always existed as
such, Blachere acknowledges Bell's basic points that the surahs should be seen as
compilation of smaller literary units, and the later passageshave sometimes clearly
been inserted into earlier ones 24
In addition, Bell claims that Nöldeke distinguishes two periods in the composition of
the Qur'an that is Meccan and Medinan. Within the Meccan period Nöldeke
distinguishesthreesub-periodsinto which the sürahsaregrouped:
1- Thoseof the first aremostly shortandfull of imagery.
2- The transition from the sublime enthusiasm of the first to the greater calmness of
the third.
3-The use of the word
al-Rahmärais dropped but other characteristics of the second are
intensified.25 In the same
regard, Rodwell adopts Nöldeke's method to arrange the
sürahs according to the time of revelation. According to other classical exegetes,the
Qur'än did not witness any change in the matter of chronology. Rather, Prophet
Muhammad is reported to have ordered his companions to place the verses and sürahs
in the form we see now. Danner is credited with the following "while the arrangement
Qur'än
the
the
of
seem be to be the work of Prophet Muhammad
of
verses and sürahs
22Abdel Haleem,op.cit., p.10.
23 Stanton, H U. The teachings
of the Qur'an. London: Central Board of Missions and Society for
Promoting Christian Knowledge, 1919, p. 16.
24Marshall,
op. cit., p.21.
25Bell,
op. cit., p. 101
16
himself, it is in reality the work of the spirit acting through Muhammad.-"Z6Al-Syüti
by
by
differ
the
that
explains
companions or
scholars
whether sürahs were arranged
ProphetMuhammadhimself but they agreedthat the compilation of versesto make
7
done
by
him.
To the sameissue Azami states:
one sürah was
Only the Prophet, through divine privilege and revelation, was qualified to
arrange verses into the unique fashion of the Qur'än, being the only privy to
the will of Allah. Neither the Muslim community at large nor anyone else had
28
legitimate
in
any
say organising the Book of Allah.
Furthermore, Azami, while referring to some exegetes, summarises that the Qur'än
wasarrangedasfollows:
1. The arrangementof all sürahs goes back to the Prophet himself
2. The entire Qur'än was arranged by the Prophet except sürah 9 which was placed by
`Uthmän.
3. Arrangement of sürahs was done by Zaid b. Thäbit.
4. The Prophet arranged some of the sürahs
while the rest were done by some
29
companions.
As for the collection of the Qur'än,
al-Ushayqer states that it was collected in three
stages.The first stage was during Prophet Muhammad's lifetime. Extremely diverse
materials were used for this first record: parchment, leather, wooden tablets, camels'
scapula, and soft stone for inscriptions. The second stage was during the caliphate of
Abü Bakr especially after the battle of Yamämah (during the
wars of apostasy ridda
A. H 12) where a large number of those who knew the Qur'än by heart died. The third
stagewas during the caliphateof `Uthmänwhen a completevolume of the Qur'anwas
26Danner, Victor. The Islamic tradition. Amity, N. Y: Amity House, 1988, 63.
p.
27Al-Syüti, Jalä1
al-Din 'Abd al-Rahmän b. Abü Bakr. Al-Durr al-Manthür fi al-Tafsir bi al-Ma'thür,
Beirut: Dar al-Kutub al-'Ilmiyyah, 2000,1: 121-124.
28 Azami, Mohammad Mustafa, The history
of the Qur'änic text : from revelation to compilation ;a
comparative study with the Old and New Testaments,Leicester: UK Islamic Academy, 2003, p.70
29Azami,
op.cit., 73
17
in
0
Qur'an
Burton argues that the
collected
was
In
first
for
time.
contrast,
the
made
Bakr,
Abü
the
during
the
first
caliphate of
period was
three different periods. The
31
Finally,
`Uthmän's
during
time.
third
`Umar's
the
during
time,
was
and
secondwas
during
is
the
different
that
in
two
periods,
Watt affirms that the Qur'an was collected
32
is
Qur'an
another
The
the
`Uthmän.
Bakr
of
Abü
authenticity
and
caliphates of
"the
Leblois
Draz
who affirms:
important issue that needs brief analysis.
refers to
3
Qur'an is today the only sacredbook which does not representnotable variants.s3
On a similar note, Gätje states: "in general, there is no doubt about the genuineness
the
details
if
down,
handed
have
the
been
concerning
of
revelations that
even many
34
exact wording are problematic. Burton assertsthat nothing was acceptedas a verse of
from
directly
heard
been
it
had
Qur'än
bore
the
testimony or
until two witnesses
Prophet Muhammad. 35It should be noted that whenever a fragment of the Qur'an was
it
dictated
to
literate
his
and
Prophet
Muhammad
companions
called one of
revealed,
him, indicating at the same time the exact position of the new fragment in the fabric of
what had already been received.
Historians report that Prophet Muhammad asked his scribes to reread to him what
had been dictated so that he could correct any deficiencies. Draz mentions that the he
36
in
Ramadän.
recited the whole of the Qur'an (so far revealed) to Gabriel the month of
Commenting on the issue of chronology, Abel Haleem states:
The form of the Qur'an still, to this day, follows this original arrangement without any
historical
in
its
bibliographical,
is
in
It
form
the
arrangement,
not
nor
nor
editing.
or
alteration
7
by
book
cited and arranged scholars.
of lectures, nor a
30AI-Ushayqer,M. Lamafkrtmin tärikh al-Qur'an. Beirut: al-Mu'ssasahal= llmiyyyah li al-Matbü'At,
1988,pp.109,149.
31Burton, John. The collection of the Qur'an. London: Cambridge University Press, 1977, pp. 122-123.
32Watt, W Montgomery (2004) In Turner, Paul (E) The Koran critical concepts in Islamic studies,
London; New York: Routledge Curzon 1:95-96.
33Draz, M. A. Introduction to the Qur'an. London: I. B. Tauris, 2000, p. 17.
34Gätje, op. cit., p.23.
3sBurton, op. cit., p. 124.
36Draz, op.cit., p. 15
37Abdel Haleem, op.cit., p.4
18
Before broadly dealing with the Qur'änic verses that refer to the People of the Book,
I
field,
This
like
field
I
is
to
which
there one other major traditional
examine.
would
become
for
that
clear,
"Meccan/Medinan
term
will
reasons
will
categorization"
The
least
in
is
most
the unit of revelation, at
most cases.
assumed that the sürah
been
have
revealed
this
that
a sürah might not
common version of
assumption admits
all at once, but claims that "most of the passagesin a sürah had been revealed about
the sametime. This theory allows scholars to treat each sürah as a cohesive whole, and
thus assignthe entire sürah a date or rough period of revelation.
1.6 The Meccan period
Muslim tradition holds that Prophet Muhammad received his first revelation when
he was about forty years of age (610 AD). He did not start to preach Islam openly until
613 AD. Ten years later in Makkah, he preached his messageof the Onenessof God.
This period constitutes an important phase in the -Islamic calling where it faced
considerableopposition from non-Muslim rivals. In this connection Gabrieli states: "In
the Meccan sürahs of the Koran it is possible to follow step by step the impassioned
polemic of the prophet against this opposition-part mistrust, part mockery, part
38
obstinate rejection".
The Qur'änic verses reflect the nature of this period and highlight the attitude
towards other religions. Although this period does not detail many confrontations
between the followers of the three religions that is Judaism, Christianity, and Islam.
This period, according to historical sources,lasted for 13 from 610 AD to 622 AD. 39It
is manifestly clear that the main challenge which faced Prophet Muhammad during
38Gabrieli, Francesco.Muhammad
and the conquest of Islam, London: Weidenfield and Nicolson, 1968,
51
9 Gilman, A. The Saracen.London: T. Fisher Unwin, 1887, 445.
p.
19
this period was to convert the polytheists of Makkah to Islam. The essenceof his
messagewas that they should shun idolatry to worship the one true God. If they did
40
both
in
Thus,
God's
life
in
Hereafter.
this
not, they would suffer
chastisement
and the
the Meccan verses give these issues a primary significance. The early Meccan sürahs
are all somewhat similar and concentrate on the issues which first impressed
themselves upon Prophet Muhammad, namely the waywardness of his people, the
judgment to come, and the destiny of all men to Heaven or to Hell.
In order to gain a proper understanding of many verses in the Holy Qur'an, it is
important to understand
and know the historic context of the revelations. So many
revelations in the Qur'an came down to provide guidance to Prophet Muhammad and
the fellow Muslims based on what they were confronting at that time. It is
relevant to
mention the causes of revelation of these verses, giving their historical context. It
should be noted that the division of sürahs into "Meccan sürahs" and "Medinan
sürahs" is primarily
a consequence of stylistic and thematic considerations.
Classification of the
sürahs into these periods is based upon factors such as the length
of the verse and the presence or absence of certain key concepts or word (e.g.
alRahman as name of God).
In brief, the Meccan phaseof the
revelation lasted about 13 years from the first
revelationup to the hyrah. This phaseis determinedby the prime task of the prophetto
call Peopleto Islam. The main themesof this call basedon the Qur'änic revelationare:
-Monotheism.
judgment.
and
-The comingresurrection
-Righteousconduct.
The role of the Prophet in this phaseis in particular that of an announcer
and Warner.
40Al_Ushayger,
op. cit., p.204.
20
1.6.1 The Qur'änic verses that praise the People of the Book
Remarkably, positive appreciations of both the Jewish and Christian communities
and their scriptures are contained within different verses of the Qur'än. The Qur'änic
versesthat commend the People of the Book will be discussedin the following section.
Theseverseswill be broken down into the following sub-sectionsand themes.
1.6.2 Biblical prophets in the Qur'än
Throughout the different sürahs, the Qur'an contains countless verses that pay great
tribute and unmatched veneration to the most prominent figures, that is prophets
among the People of the Book. As Tolan states:
The Koran expresses reverence for the main figures of the Jewish and Christian
tradition: Moses, David, the Virgin Mary, and others. It enjoins respect for some of
the main elements of the old in the Old Testament law, to refrain from Pork, practice
1
circumcision, and so on.
Tottoli
argues that the narratives of the biblical
prophets are not arranged
chronologically; rather they are spreadthroughout the various sürahs of the Qur'än42 It
could be noticed that the Qur'an deals with this issue from two different angles. Firstly
it refers to Prophets the Old Testament
of
such as: Adam; Edris (Enoch); Sälib; Noah;
Hüd, Abraham, Lot; Ishmael; Isaac; Jacob; Joseph; Moses; Aaron; Shu'aib (Jethro);
Ayüb (Job); David; Solomon; Ilyäs (Elijah); Alyasa` (Elisha); Dhul Kifl; Jonah, Ezra.
Secondly, it refers to prophets of the New Testament
such as Zachariah, John the
Baptist, and Jesus. In these verses, all prophets are
mentioned without any
discrimination between them. Nearly all the prophets from the Old
and New Testament
(Torah) are mentionedby name in the Qur'än or are referredto in the traditions
and
commentaries.
41 Tolan, John. V. Saracens: Islam in the Medieval
European imagination, New York: Columbia
University Press,2002, p.33.
42Tottoli, Roberto. Biblical
prophets, Richmond: Curzon 2002, p.3.
21
Due to the wideness of this subject, this section will give a few examples, which will
depict how the Prophets of the People of the Book are presented in the Qur'än. Only
two prophets Moses (Musa) and Jesus(`Isa) will be discussed.From the chronological
point of view, I will start with Prophet Moses. Three hundred and nine verses refer to
Prophet Moses. This includes his mission, his story with the Children of Israel, his
story with the pious worshipper, and the like. One hundred and thirty-six verses that
43
him
by
explicitly refer to
name. These verses include: his preaching to the Children
of Israel (7: 128); his confrontations with the tyrant Egyptian Pharaoh (26:52); his
bringing up (28: 8); his relationship with his brother Aaron (20:30; his defeat of
magicians (20:69); and his household (28: 27). Verses that commend him include: he is
raised under God's eye and prepared for His service (20:39-41); the elite of his people
( 7: 144); when God spoke to him (4: 164); when he was given wisdom and knowledge
(28: 14); when he becomes strong and trustworthy (28:26); when he was made God's
Prophet (3: 84); and when he became honourable in God's sight (32:9). The Qur'an is
full of such accounts
of Prophet Moses's life. From these episodes, two examples
which show his position in the Qur'än will be given.
The following Qur'änic
verses show that God honoured Moses more than any
previous Prophet. The verses read:
When Moses came to the
place appointed by Us, and his Lord addressed him, He
said: "0 my Lord! Show (Thyself) to me, that I may look upon thee." God said: "By
no means canst thou see Me (direct); But look upon the mount... God said: "0
Moses! I have chosen thee above (other) men, by the mission I (have given thee)
and
the words I (have spoken to thee): take then the (revelation) which I give thee, and be
of those who give thanks. (7: 143,144)44
Hereit is maintainedthat he talked to God.45The versessubstantiatethat after he came
43`Abd al-BägT, M. Al-Mu jam al-Mufahras Ii al-Fä?
al-Qur'än al-Karim. Cairo: Dar al-HadTth,
1988, pp. 854,855.
44The system
employed in this study gives the number of the sürah first and then that of the verse.
Translation of versesthrough the whole thesis will be quoted from A. Y. Ali.
45While the Qur'an did
not plainly mention how did this talk occur except that it could not be directly
22
in
God
to
heard
God's
public.
he
voice, and asked see
to the place that God appointed,
In responseto his request, God ordered him to look at the mountain to see whether or
he
the
fainted
Moses
be
Accordingly,
mountain
it
watched
when
shaken.
not would
by
Qur'änic
debated
is
God
by
Moses
talked
to
dust.
However,
turn to
which
method
exegetes.Al-Alas
it
but
directly
God
Moses
to
talked
without mediation
states that
46
follows
Al-Tabari
beings
this
human
how
talk
verse
commentary on
was no unlike
have
People
Book
He,
that
the
the
too,
by
similar
adds
of
the pattern set
al-Alüsi.
description in their scripture about this talk, but that the Qur'än does not give any
further details. Al-Qäsimi says that the verse indicates that it is possible to seeAllah in
this worldly life as Prophet Moses had requested.Al-Qäsim1 adds that if it not possible,
he would not have asked for it 47Rida argues that Prophet Moses talked to God. To
8
The
Old
New
Testament.
the
his
Rida
of
and
support
cites some verses
opinion,
Qur'an implies that human beings cannot seeGod in this worldly life but this vision, in
line with the Qur'änic verse 75:23, can occur in the Hereafter.
The Qur'an also shows esteemto Prophet Moses when God chose him among all his
people and made him His elite. The reasonsfor this tribute are, according to the verse,
due to the messagethat he
he
God.
because
talked
to
his
deliver
to
people and
would
Commenting on this verse, Tottoli
be
Moses
desire
to
is
"it
of
able
the
express
states:
to see God, even though he is aware of the risks and the human impossibility of being
able to cope with such a vision. s49 Having shown the status of Prophet Moses, the
focus will be here on Prophet Jesus.
but through inspiration or from behind a veil 42: 56, there are some other verses that prove that Prophet
Moses talked to God e.g. 2: 253,4: 164. Another verse that refers to the dialogue between God and
Moses is 20: 17. Again, Qur'an exegetes did not give any further details about this issue. Rida,
Muýammad Rashid. Tafsir al-Qur'an a1-Hakim al-Mashhür bi tafsir al-Manär, Beirut: Dar al-Kutub al`Ilmiyyah, 1999,4: 105.
46Al-Alüs% M b. `Abd Allah. Rüh al-Ma'äni fi tafsir al-Qur'an al-: 4Yfm.Beirut: Dar al-Kutub al`Ilmiyyah, 1994,5: 44.
°' Al-Qäsimi, Jamal al-Din. Tafsir al-Qäsimi, Beirut: Dar al-Kutub al-'Ilmiyyah, 1997,5: 179.
48Seeal-AlüsT, 5:pp. 105-137.
49Tottoli, op. cit., p.33.
23
There are sixty-three verses that similarly refer to Jesus. Of this number, exactly 25
him
the title of
his
Eleven
the
give
of
references
name.
verses explicitly mention
50
Messiah. Although the Jewish and Christian views of Jesus are not identical, Islam
him
God
Jesus
the
as much as
reveres
of
and
as one of
great prophets
considers
Abraham, Moses, and Muhammad.
In the Qur'an, stories about the life and teachings of Jesus are abundant. The Qur'än
by
God's
his
birth,
his
he
teachings,
the
miracles
recalls
miraculous
performed
permission, and his life as a respected prophet of God. The Qur'än also repeatedly
reminds that Jesus was a human prophet sent by God, not part of God Himself.
Furthermore, the Qur'än gives a greater number of honourable descriptions to Jesus
than any other figure. While referring to the sublime status of Jesus in the Qur'än,
Khalifa quotes:
"Islamic sources picture Jesusas a highly exalted being, having entered this world in
an exceptional and miraculous way, having been protected from the touch of the
Satan and endowed with powers not granted to other human beings. When the time
51
he
in
leave
came was permitted to
this world the similar miraculous manner".
Examples include:
(19:
21);
God's
(42:
59); a
to
the
mercy
servant
and
a sign
people
statement of truth (19: 34); honour in this life and the hereafter (3:45); the word and
spirit of God (4: 171); affirming the messianic character by calling him the Messiah
(4: 172); the messengerof God (61: 6); and, finally, the son of Mary (5: 116). Moreover,
the Qur'än gives different accounts to the story of his birth (19:22-29); the chastity of
his mother and gives Mary the highest status of all women (3:42); Jesus's
rise to
heavens (4: 158); his preaching to the Children of Israel (61:6); his dialogues
his
with
disciples (61: 14); his nature as a human being (5:75); and his miracles and skills in
medicine (5: 110) are all repeatedoccurrencesin the Qur'än.
so'Abd al-Bäqº,op. cit., p.840.
51Khalifa, Mohammad. The sublime Qur'an
and orientalism, Longman Inc. London ; New York, 1983,
p. 144
24
Throughout the Qur'änic verses, the most substantial verses that talk about Jesusare
those related to the nativity and the family of the Virgin Mary. Generally, Islam
accepts,and incorporates into itself, all antecedentprophets of Abrahamic lineage, up
to and including Jesusand Mary. There are more referencesin the Qur'an to the Virgin
Mary than in the New Testament. One of its chaptersis even called after her.
It is relevant to use one example to show the status of Jesusin the Qur'än. As the
following reference shows, this demonstratesthe different spheresof his life:
Behold! The angels said: "0 Mary! God giveth thee glad tidings of a Word from
Him: his name will be Christ Jesus,the son of Mary, held in honour in this world
and the Hereafter and of (the company of) those nearestto God; He shall speak to
the people in childhood and in maturity. And he shall be (of the company) of the
righteous. "And God will teach him the Book and Wisdom, the Law and the
Gospel. (3: 45,46,48)
The implied meaning of the initial verse is that God ordered the Angel Gabriel to
inform Mary that a son would be borne to her without sexual contact, and it was thus
that Jesuswas born. The Qur'an then shows the high esteem of Jesus before God and
adds that he is honourable in this life and in the hereafter. According to some exegetes,
this honour in this life implies his
his
his
heal
to
the
ability
prophethood, and
mission,
blind and the lepers,
and in the hereafter includes his intercession for his people. The
samemiracles are referred to in the Gospel (Mark 6: 13) and (James5: 14).
Al-Alfas affirms that the verse 3:45 the Qur'än
honoured
God
Jesusin
that
of
means
this life by clearing him of the imperfections that Jews attributed to him. He adds that
scholars are not on agreement on the beginning of Jesus's mission. Some say that he
his
started
mission when he was three years old. While others say that revelation came
to him while he was 30 and his mission lasted for three years or three months and three
days.52 The verses which refer to the miracles that God gave to him to
validate his
ministry start from his early childhood wherein he spoke and preached to the people
32Al-Alüsi, op. cit., 2: pp. 156,161
25
(19:30-31). In the same passage,the Qur'an reinforces his miraculous conception. The
Qur'an (3: 59) resembles the creation of Jesusto that of Adam. The passage,therefore,
him,
God
through
his
The
taught
that
to
the
refers
prerequisites of
mission.
verses state
Gabriel, the book, which according to some exegetesmeans handwriting, wisdom, the
Torah, or the Gospel. The last phase that the passage in question deals with is his
mission to the Children of Israel as he is the seal of their Prophets. The miracles which
the Qur'an attributes to Jesus are: he, by God's leave, creates birds out of clay, heals
the born blind and the lepers, brings the dead to life, and declares what his people eat
and store in their houses. In brief, he is mentioned 25 times under the name of `Isä and
as Jesus 35 times. Pipes shows the status of Jesus in the Qur'an and states: "Islam in
the Qur'an honours and respects Jesus as a Prophet, it accepts his virgin birth, his
miracles and the Holy Spirit within him. s53
Similarly, Nasr comments: " the Islamic view of Christianity possessesof course its
own doctrine of Christ, his mission, his being taken to heaven in body without
suffering death upon the cross and his eschatological role in bringing the present cycle
of human history to a close".54
Having shown the status the
prominentprophetsof the Peopleof the Book and
of
given a brief illustration of how they are viewed in the Qur'än, the following sections
deal
with the versesthat praiseJewsand Christians.Following the chronological
will
Qur'an
is the verse:
the
orderof
And We have set none but angels as Guardians of the Fire; and We have fixed
their number only as a trial for Unbelievers, - in order that the People of the Book
may arrive at certainty, and the Believers may increase in Faith, - and that no
doubts may be left for the People of the Book and the Believers (74: 31).
According to al-Shawkäni, the verse acknowledges that the People of the Book had
s' Pipes, Daniel. In the
path of God, New York: Basic Books, Inc., Publishers, 1983, p.35.
54Nasr, Sayyed Husseyn. The Islamic view
of Christianity, in: Paul J. Griffiths (Ed.), Christianity
through non-Christian eyes (Maryknoll NY, Orbis Books, 1990), 127
26
illustrates
knowledge
Hereafter.
In
the nature of
the
the
about
addition,
verse
certain
Hell's guardiansand assertsthat they are unlike human beings, thus they can feel
55
in
is
fear
for
The
Qur'än
that
this
mentioned order
nor mercy
neither
anybody.
states
to test paganArabs when they challengedMuhmmad and said that they could face
Hell's guardians. The verse describes that the People of the Book should have
something written in their Scriptures, supporting this truth, and it should be in
agreement with the Qur'an. Accordingly, when they hear this truth from the Qur'an,
realise that what is mentioned in the Qur'än resemblesthat which is in their scriptures,
this might lead them to believe in ProphetMuhammad.56The versementionsthat this
would increasetheir faith (imän57).
When commenting on this verse, al-Tabar claims that it excludes any doubt that the
Peopleof the Book might feel aboutthe Qur'än or ProphetMuhammad;rather it will
increase their certainty about IslamS8 Al-Alüsi,
in agreement with a1-Qurtubi,
maintains that the number of Hell guardians mentioned in this verse should match the
Jewish and Christian
increase
that
this
their faith and lead them
should
scriptures and
to believe in Prophet Muhammad. 59
1.6.3 Features of the People
of the Book
Some Qur'anic verses recognisethe existenceof the good elements
among the
People of the book. This will include their good characteristics and their
appreciation
divine
Muslims'
book.
the
of
ssAl-ShawkänT,Muhammad b. `AlT b. Muhmmad. fatf7
al-Qadir al-Jämi' baynafanny al-Deräyah wa
Win
Beirut:
Dar al-Kutub al-'Ilmiyyah, 1996,5: 4 10.
al-Tafsir.
min
al-Rewayah
56A1-QurtubT,
Muhammad b. Ahmad. Al-Jämi' li ahkäm
al-Qur'an. Cairo: Dar al-Kutub alMisriyyah, 1933-1950,9:80.
57Imän is the verbal noun of the root ämana which
connotes trust, loyalty, and security. The fourth form
has the double meaning of'to believe' and'to protect' or 'place in safety'. Turner, Colin (1996), The
ubiquitousfagih, University of Durham, Centrefor Middle Eastern and Islamic Studies, p.7.
5' Al--abarT, Muhammad b. Jarir. Tafsir
al-Tabari al-Musamä jdmi' al-Bayän fi ta'wil al-Qur'an.
Beirut: Dar al-Kutub al-'Ilmiyyah, 1999,12: 313.
59Al-AlUsT,op. cit., 15:140.
27
Book
People
the
the
of
Thus, in the following verses the Qur'än shows the attitude of
towards the Qur'än. The verses read:
Say: "Whether ye believe in it or not, it is true that those who were given
in
faces
down
fall
their
is
it
knowledge beforehand, when
on
recited to them,
has
Truly
the
Lord!
'Glory
to
humble prostration." In addition, they say:
our
it
in
faces
fall
down
tears,
fulfilled!
'.
"
They
been
their
and
Lord
on
promise of our
(17: 107-109)
increasestheir (earnest) humility.
The above-mentioned verses show great respect to a certain group of people among
Jews and Christians, that is scholars who read the previous scriptures and were able to
°
'ütü
Qur'än
We
from
term
the
that
the
distinguish right
al-'11m6'
uses
notice
wrong.
(were given knowledge) to refer to the People of the Book. It acknowledges that they
fall
features
it
due
they
The
them
Qur'än
as
verse
veneration.
and give
appreciate the
down on their faces when they listen to the Qur'än, meaning that Jewish and Christian
62
scholarsutterly surrender to the Will of God.
Another characteristic of this group is that they deny every imperfection that might
be wrongly
kind
Qur'än
Interestingly,
God.
the
the
to
same
of respect
repeats
attributed
when it metaphorically says that they fall on their faces. It is becausethey remembered
God's greatness and obeyed the admonition that they found in the Qur'än. 63 It
maintains that this act will increase their faith. Al-Tfis argues that the verse refers to
the believers among the People of the Book who adhered to their own religion and
Islam
to
or elsewhere they prostrated with humbleness when they listened to
converted
their own
64
scriptures
60Ibn Kathir, Ismail b. `Umar. Tafsir al-Qur'an al-'A 2 m. Beirut: Dar al-Kutub al-'Ilmiyyah, 1988, :40.
61"The word 'Ilm has been understood to mean various things: the received revelation or Quran, the
knowledge
(Shari'a);
Tman;
('Ilm al-ladunni); wisdom (hikma ); gnosis
law
the
spiritual
sunna;
revealed
('irfan) ; thought (tafakkur); science (to which the plural 'ulüm is applied); and education." Turner,
Colin (1989), The rise of Twelver Shiite externalism in Safavid Iran and its consolidation under Allama
Muhammad Baqir Majlisi, Durham: University of Durham, p.25
62Al-Tabari,op. cit., 8:163.
63Al-Shawkani,op. cit., 3:328.
64Al-Tüsi, Muhammad b. al-l lassan.A1-Tibyänfi tafsiir al-Qur'an. Najaf: al-Matba`ah al-'Ilmiyyah,
1957-1963,6: 532.
28
Book
new
a
People
the
Qur'än
attributes
and
the
the
On anotheroccasion,
of
extols
title to them.The versereads:
We
but
to
granted
We
before
And
whom
thee also the apostles
men,
sent were
inspiration: if ye realise this not, ask of those who possessthe Message. (16: 43)
God's
denying
that
had
Arabs
arisen
Here, the Qur'än refutes the allegation that pagan
to
Qur'an
them
Henceforth,
make
beings.
human
the
be
orders
messengerscould not
(possessors
since
by
fact
scriptures)
of
previous
this
al-Dhikr65
ahl
asking
sure of
knowledge
had
Christian
both
Jews
about
that
Arabs
and
certain
acknowledged
pagan
6 According to some exegetes,the verse addressesthe believers among the
prophets.
People of the Book. Here they are praised to such an extent that pagan Arabs had to
Ttzsi
Al
Muhammad.
Prophet
knowledge
better
the
reality of
of
resort to acquiring a
Arabs,
Jews
Christians,
or
and
non-Muslim
arguesthat the phrase ahl al-Dhikr means
7
those who know the history of previous nations. Al-Shawkäni asserts that the verse
believers
the
to
them
Makkah
among
addressesthe polytheists of
consult with
and asks
the People of the Book about the human nature of prophets. 8
The Qur'an depicts
Book
People
the
for
the
image
and
of
commending
a new
confirms that they will be doubly rewarded:
Now have We
in
they
that
may
themselves,
order
Word
them
to
the
reach
caused
receive admonition. Those to whom We sent the Book before this,- they do believe in
this (revelation): And when it is recited to them, they say: "We believe therein, for it
God's Will)
is the Truth from
(bowing
to
Muslims
been
have
indeed
Lord:
we
our
have
from before this. Twice
for
that,
they
be
given their reward,
will they
persevered, that they avert Evil with Good, and that they spend (in charity) out of
what We have given them. (28: 51-54)
The verses begin by stating that God has made the Qur'än clear to pagan Arabs and to
the People of the Book by revealing it in chapters, by sending consecutive messengers
65The literal meaning of the word is those who possessknowledge or those who possesthe scriptures.
There is an equivalent verse in the Qur'an that has the same meaning (21: 7).
66 Al-Räz7, Muhammad b. `Umar. Al-Tafsir al-Kabir (mafatih al-Ghayb), Beirut: Ddr al-Kutub al`Ilmiyyah, 5:312.
67Al-TüsT, op. cit., 6:284.
68Al-ShawkänT,op. cit., 3:203.
29
to warn people, or through often stories and lessons.Hence, pagan Arabs and the
People of the Book can take lessonsfrom previous peoples and the punishments
inflicted upon them. 9 It then hints to a certain group of the people of the book who had
their reward from God: those who were given the Scripture and believed in the Qur'än.
On this issue Ayüb comments: "the Qur'an not only affirms the validity of the faith of the
People of the Book, and especially the Christians, but sets them up as an example of fervent
worship, sincere faith and humility before God for Muslims to emulate.9970
The verses confirm that the People of the Book were true monotheists before the
revelationof the Qur'an and the emergenceof Muhammad.In addition, they had their
reward doubled from God becauseof their perseveranceand patience they endured in
their previous religion and in Islam. Their description in the Qur'än is that when they
had committed a bad deed, they replaced it with a good one and they gave in
charity
out of Alläh's bounty. Moreover, Prophet Muhammad is reported to have said:
Three people will have their reward multiplied (from Allah The Almighty), one of
them is a man from the People of the Book who believed in his Prophet and lived
until the time of Prophet Muhammad. He believed in his message and followed
him. 71
An impressive number of Qur'an exegetesagree that these verses were revealed when
a delegation of Christian clerics came from (al-Habashah)Abyssinia with Ja'far b. AbU
lib to meet Prophet Muhammad. The verses generally refer to all Jews and Christians
who adhered to their religions, followed Prophet Muhammad, and believed his
following
The
message.
referenceis morecomplementingwherethe versereads:
Those to whom We have given the Book rejoice
at what hath been revealed unto
thee. (13: 36)
This verse refers to a group of the People of the Book
who rejoicing the Holy Qur'än.
69Al-Tabari, op. cit., 10:83.
70Mahmüud Ayub. Nearest in
amity: Christians in the Qur'an and contemporary exegetical tradition.
Islam and Christian Muslim relations, 1997,8 (2), PP.154-164.
71Al-Bukhara,op. cit., bäb
al-Jihadwa al-Siyar,No. 2789.
30
Commentators have differed with regard to which sub group the verse refers.
Commenting on this verse, al-Qurtubi assertsthat it refers to those who were given the
Book such as `Abd Allah b. Saläm and Salmän al-Färisi. He says that the verse could
its
due
Christians
Qur'an
Jews
the
respect
also mean a certain group of
and
who gives
72
it
Torah
Gospel.
Al-Shawkäni maintains that the Qur'änic
as affirms the
and the
both
differ
in
"Book"
It
the
to
the
the
exegetes
word
as
meaning of
verse. could mean
the Torah and the Gospel. The people mentioned in the verse are those new Muslim
converts from among the People of the Book or they are both Jews and Christians in
73
it
Qur'an
their
general and they exalt the
scriptures.
as affirms
1.6.4 Arguing with the People of the Book
A number of Qur'änic verses reflect the intense discussions and debates that Prophet
Muhammad had in Makkah. At this
have
arrived at a new concept regarding
point, we
the regulations that organise the nature of relations between Muslims and the People of
the Book; more specifically, the way of debating peacefully with Jews and Christians.
Many statements in the Qur'dn
People
The
Book.
tolerance
towards
of
promote
Among the Qur'änic referencesthat tackle this issue is the following:
And dispute ye not with the People of the Book, except with means better (than mere
disputation), unless it be with those them
injury):
but
(and
inflict
say,
of
who
wrong
"We believe in the revelation which has
come down to us and in that which came
down to you; Our God and your God is
one.... And thus (it is) that We have sent
down the Book to thee. So the People of the Book believe therein. (29: 46,47)
The Qur'än continues by calling for dealing with the People of the Book fairly,
particularly when communicating with them. The verses urge Muslims to follow a
moderate policy towards Jews and Christians who do not declare hostility against
Islam or Muslims.
72A1-Qurtubi, op. cit., 9:325.
73Al-Shawkani, op. cit., 3: 106.
31
Muslims have to replaceharshnesswith kindness,angerwith calmness,speedwith
patience,and repel evil with goodness.Moreover,the Qur'än confinesthis treatment
to a certain group of the People of the Book, mainly those who recognized
Muhammad as a messengerof God. Henceforth, it excludes those who deal wrongly
Him
invents
Muslims,
God,
falsehood
and
with
make another partner
against
with
"
is
indigent
hath
begotten
116),
"Truly,
God
"God
(2:
are
rich!
or
and we
say
a son"
(3: 181), or "God's Hand is tied up" (5: 64).74Thus, the verses establish guidelines for
Muslims to follow as a fair way of debatingwith Jewsand Christians.Muslims have
to show the People of the Book that they believe in both the Law (tawräh) and
Gospel (injil), and that they sharethe samemonotheistic creed with the People of the
Book. The following tradition of Prophet Muhammad conveys the same meaning:
On the authority of Abü Hurayrah who said that, the People of the Book used to read
the Torah in Hebrew and translate it into Arabic for Muslims. Then, Prophet
Muhammad said " neither believe the People of the Book nor belie them but say: we
believe in the revelation, which has come down to us and to you". (Narrated by alBukhärt and al-Nasä'i). 75
The versedeclaresthat it is inappropriateto deal with the Peopleof the Book in a
way that might keep them from the truth. On the contrary, Muslims are admonished
to use assuaging speech when arguing with the People of the Book. The last verses
acknowledge that there is a group of the People of the Book who believes in the
Qur'an and Prophet Muhammad and that they are entitled to this kind of respect.
Although the verses under discussion are Meccan, it should be noted that there was
between
Prophet Muhammad and the People of the Book in
contact
actual
no
Makkah. Thus, as Fadl Allah states:
Prophet Muhammad (SAW) did not engage in any struggle
with the people of the
book in Makkah as the Meccan society was predominantly
polytheistic. This could
,
explain the dearth of revelation in Makkah, which might have recorded any dialogue
74Al-Qurtub7, op. cit., 13:350.
75A1-Bukhärt.Kitäb tafsFral-Qur'än, Harf encyclopaedia hadith, 2001, No. 4125
of
32
76
between
the
two
parties.
or argument
1.6.5 Prophecies
Another theme that the Qur'an deals with is the prophecies that predict the
following
books
foretold.
Thus,
the
Muhammad
that
previous
emergenceof prophet
Qur'änic passage pays homage to those who follow Prophet Muhammad, who is
described in the verse as ummey (the unlettered Prophet) and whose descriptions are
77
down
in
their scriptures :
written
Those who follow the apostle, the unlettered Prophet, whom they find mentioned in
their own (scriptures), - in the law and the Gospel; - for he commands them what is
just and forbids them what is evil; he allows them as lawful what is good (and pure)
and prohibits them from what is bad (and impure); He releasesthem from their heavy
burdens and from the yokes that are upon them. (7: 157)
Recently,much has been said about these descriptions.Both classical and modem
79
issue.
Rida78
have
Examplesare the works of
tackled this
and al-Qäsimi.
exegetes
The verse shows Prophet Muhammad's descriptions as they appeared in the early
scriptures. In this passage,he is characterisedas justly commanding the People of the
Book: that is to worship only God, to seek high morals, and to be obedient to one's
parents. He would release them from their heavy pledge which they (the Jews) had
made to God. According to some exegetes,this pledge stipulates severe burdens such
impurity
by
cutting off the cloth, or by rubbing the body, and the
as removing
flesh.
According to al"Qurtubi, Jews used to gather sheep
sheep's
eating
of
prohibition
for slaughtering,while they were doing so, God sent down fire from the heavensto
76Fadl Allah, Muhammad Husayn. Islam the
religion of dialogue. Beirut: Dar al-Maläk, 2003, p.
117.
77A title that both the Qur'än (62:2)
and Jews (3: 75) gave to Arabs. It was given to a group of the
People of the Book too. (2: 78).
78Some of these prophecies
are mentioned in Rida's work especially volume 9: 196-254.
79 Al-Q5simT, 5: 193-207.
33
80
bum the sheep. Again, Prophet Muhammad will easethe onerous duties such as the
(musüh),
fabrics
tying
Saturdays,
woollen
wearing coarse
prohibition of working on
that
into
hands
in
the
organ
an
off
cutting
one's neck
performing prayers, and
one's
81
duties
difficult
that
the
to
Al-Tabari
that
the
verse refers
asserts
committed wrong.
82
The
Israel.
Children
imposed
Book,
People
the
the
the
of
especially on
on
of
were
Qur'än asserts that those among the People of the Book who believed Prophet
Muhammad and followed his guidance will have success in both this life and in the
Hereafter. It is maintained that the prophecies that refer to him are found in the
83
in
Prophets'booksthat cameafter ProphetMosesor the Torah alone.
1.6.6 The Qur'änic verses that criticise the People of the Book
1.6.7Beliefs
Among the themesthat the Meccan period dealt with is the misconceptionthat
People of the Book have about their beliefs. The main issue that is repeatedly
in
in
is
God.
Thus,
is
Jesus
Son
the
this
the
that
the
period
claim
of
mentioned
following passage,the Qur'än castigatesthose who adopt this claim:
In blasphemy indeed are those that say that God is Christ the son of Mary. Say: "Who
then hath the least power against God, if His will were to destroy Christ the son of Mary,
his mother, and all every - one that is on the earth. Both) the Jews and the Christians say:
"We are sons of God, and his beloved." Say: "Why then doth He punish you for your sins?
Nay, ye are but men, - of the men he hath created: He forgiveth whom He pleaseth, and
He punisheth whom He pleaseth 0 People of the Book! Now hath come unto you, making
(things) clear unto you, Our Apostle, after the break in (the series of) our apostles, lest ye
should say: "There came unto us no bringer of glad tidings and no Warner (from evil)""
(5: 17-19)
The verse attributesdisbelief to those who claim that Jesusis the son of God. AlTabar comments that this verse criticises Christians because if Jesus was God, he
80 AI-QurtubT, op. cit., 7: 300.
$1 AI-AIüsT, op. cit., 5:77.
82Al-Tabari, op. cit., 6: 86.
83AI-Atyar, 11Yüsuf. `Ala hdmish
al-Hewär bayna al-Qur'an wa al-Yahüd. Cairo: Wir al-Ansär, 1984,
p.78.
34
84
have
his
his
death.
The verse addressesthis claim and
would
prevented
or
mother's
his
lives
Jesus
if
he
God
that
the
to
take
mother.
and
nobody
of
asserts
can stop
wants
Al-Räzi, proposes, that although Christians did not say this openly but some of them
believe that God could incarnate into a human's body, which might lead them to say
that God the Almighty is Jesus.Both al-Räzi5 and al-Alüsi6 affirm that although Jews
and Christians did not develop this claim, the verses could either mean that Jesuswas
close to God, or that both Ezra and Jesus are sons of God. With regard to the same
issue, Rida comments that the phrase "son of God" which appeared in their scriptures
literal
beloved
but
Christians
God,
Jews
to
to
the
and
commit
actually means
87 Ibn `Abbas
meaning.
narrates that these verses were revealed when Prophet
Muhammad came to a group of Jews and Christians. The two groups talked to him and
he warned them of the wrath of God. They said: "What do you warn us of? We are the
sonsof God and His beloved."88
In response to their pretence, the verse spells out that if they were true in their
pretension, why should God punish them? They are like all other human beings and
either they would be rewarded or punished for their deeds. In verse 5: 18 we can find
the Qur'an explains the allegation that some of the People of the Book made. They
claimed a privileged position with God merely by calling themselves Jews or
Christians. This claim, according to some commentators, was based on history, birth,
and tribe rather than on conduct and morality. In the present verse (5: 19), the Qur'an
addressesthe People of the Book and shows them the mission of Muhammad. The
verse reveals that God sent him to unfold what was left unexplained to the People of
the Book in the period between him and Jesus.
84Al-Tabari, op. cit., 4: 504.
85Al-RAzi, op. cit., 9: 151.
86Al-Alüsi, op. cit., 3:270.
$' Rida, op. cit., 6: 261.
88Ibid, 4:260.
35
Accordingly, there would be no excusefor them when they say that they did not see a
89 Ibn `Abbäs
Jews:
the
to
b.
Jabal
Mu`ädh
that
and some others said
prophet.
narrates
O Jews fear God and by Him, you know that Muhammad is the messengerof God.
You described him to us before his mission". The Jews said: "No book was revealed
"90
Warner
Moses,
bearer
tidings
sent.
was
nor a
neither a
after
of glad
1.6.8 Scriptures
This section will show how the People of the Book view their books. A few verses
following
issue.
Thus,
the
to
this
versesread:
refer
(Of just such wrath) as We sent down on those who divided (Scripture into
arbitrary parts),- (So also on such) as have made Qur'än into shreds (as they
(15:
91,
by
Therefore,
Lord,
We
to
them
the
account.
please).
will, of a surety, call
92).
Qur'änic exegetesstatethat the word mugtasimin(thosewho divided Scripturesinto
This
in
People
Book.
the
that
the
this
of
verse
arbitrary parts)
appears
verse signifies
criticisesthem becausethey believedin somepartsof the Qur'än and not in others. It
thereforeappearsthat they divided the Qur'än into chapters.Al-Alüsi reportsthat the
verse refers to Jews and Christians. He says that a group of them believed in some
91
their
scriptures and changed the others. Al-Tabari breaks with other exegetes
parts of
when arguing that the verse refers to the polytheists of Quraysh when they directed
their accusations against Prophet Muhammad.92 On his comment on the verses, Ali
demonstrates:
The verses refer to the Jews and Christians, who took out of scripture what suited them and
ignored or rejected the rest. The Meccan Pagans in
order to dishonour and ridicule the
Qur'an, divided what was so far revealed, into bits, and apportioned them to
people coming
on pilgrimage to Mecca by different routes, slandering and abusing the apostle of God 93
89There is disagreementas to the length of this
period. It varies betweenfive hundredto six hundred
Sa'd
Ibn
mentionsthat therewas 569 yearsbetweenthe two Prophets.Al-Qurtubi: op. cit., 6:122.
years.
Ibid.
9' Al-Alüsi, op. cit., 7:323.
92AI-Tabsi, op. cit., 7:564.
93Ali, AbdullahYusof. TheHoly Qur'än, text translation
and commentary,Maryland:AmanaCorp,
1983,p. 653.
36
Furthermore,the Qur'än criticisessomeof the Peopleof the Book for hiding the truth.
It affirms the People of the Book's recognition of Prophet Muhammad. The verse
reads:
Those to whom We have given the Book know this as they know their own sons.
Those who have lost their own souls refuse therefore to believe. (6: 20)
This verse states that those who were given the book, that is Jewish and Christian
described
in
for
he
is
both
Torah
Muhammad
knew
the
Prophet
the
and
scholars
94
Gospel Al-TabanstatesthattheJewsof Madinah,who laterconvertedto Islam,said
95
better
him
than their sons However, the verse shows that while some
they new
denied
it.
In
(6:
114)
Qur'än
truth,
the
this
the
others
same
sürah,
acknowledged
knew
Book
by
Qur'än
the
those
that
that
the
who
were
given
revealed
maintains
was
God although they denied this.
Their knowledgeis attributedto two things.Firstly, sincethey are scholars,they are,
discern
it
is
both
divine
Secondly,
to
the
able
whether
or
not
presumably,
revelation.
Torah and the Gospel contain prophecies about Muhammad and such prophecies
6
known
been
during
have
his
to
their scholars
time. At the end, the verse
would
Muhammad
Prophet
Muslims
that they must not doubt that scholarsof
and
commands
the People of the Book are aware of these facts.
The Qur'an further criticises some of the People of the Book, the Jews in particular.
The versereads:
For those who followed the Jewish Law, We forbade every (animal) with undivided
hoof, and We forbade them that fat of the ox and the sheep, except what adheres to
their backs or their entrails, or is mixed up with a bone: this in recompense for their
wilful disobedience. (6: 146)
94Al-Tabari, op. cit., 5: 164.
95Ibid.
96Rida,op. cit., 8: 10.
Here, the Qur'änic condemnation includes the prohibition of eating the flesh of certain
because
the
by
Jews
this
birds.
God
the
prohibition
making
condemns
animals and
Jews said that God did not prohibit anything for us. They claim that they only prohibit
7
Here,
to
Jacob.
they
eat certain
to
allowed
were
not
what was previously prohibited
kinds of animals that have hoofs, all of which, as al-Shawkäni demonstrates, was
98
is
it
for
Qur'än
in
down
Torah
The
the
this
the
reason
reveals
prohibition;
written
becauseof their opposition and disobedience to God. The Qur'än assertsthat God is
facts
(6:
118).
in
in
these
His
telling
true
punishment and
1.6.9 The Children of Israel (Banü Isrä'il)
The Children of Israel (banü Isrä'i1) is one of the subjects that constitutes a
99
is
Yet,
Qur'än
Qur'änic
the
this
the
verses
subject
narration of
significant portion of
formed in different contexts. If we were to investigate the verses that tackle this topic
in full, we would find that they are scatteredthroughout the Qur'än. The Qur'an speaks
Children
Israel
the
of
and recognizes that the Jews are, according to
about
extensively
lineage, descendantsof Prophet Abraham through his son Isaac and grandson Jacob. In
this regard, the Qur'än has various different referencesthat deal with this topic: God's
bounties that were bestowed upon them (7: 160); the different kinds of punishment that
133);
(7:
leaders
that
land
5);
they
heirs
(28:
them
the
the
their
are
and
of
afflicted
land
in
(17:
4);
the
debates
the
story
on
misdemeanours
about the a cow with Prophet
Moses concerning the cow (2: 67); worship of the calf (2: 92); selling God's words for
(2:
41);
and entering the Holy land (5: 21). Although there is an entire
a paltry price
9' Al-QurtubT, op. cit., 2:24.
98Al-ShawkänT,op. cit., 2:220.
9 The word Israel means the collective
name of the twelve tribes descended from Jacob whose name
was also Israel (Ge.32:28; 35: 10). In the Bible the people are called "the children of Israel" usually
rendered"the people of Israel." As a political designation " Israel" refers either to the nation as a whole,
or during the time of the David Monarchy (924-721 B. C), to the northern Kingdom in particular, as
distinct from Judah, the southern Kingdom. (Harper's Bible dictionary,
op. cit., 434). The term "Israel"
or "Children of Israel" refers to the twelve sons of Jacob and their descendants.
38
banü
is
Isrä'il
it
does
the main
that
that
them,
called after
sürah
not necessarily mean
theme of the si7rah itself. It is merely an appellation like the rest of the other sürahs in
the Qur'an.
It is difficult to bring all these referencesand deal with them in depth in this section.
In addition, most of the verses that refer to banü Isrä'il cover Prophet Moses's mission
brief
following
is
lines
investigation.
Thus,
the
not
a
my
area
of
give
will
only
which
involved
in
Qur'änic
this subject. The first Meccan verses to
verses
overview of some
following:
here
the
are
quote
The fair promise of thy Lord was fulfilled for the Children of Israel, becausethey had
is
Moses
the
there
of
of
and
constancy,
people
a section who guide and do
patience
justice in the light of truth. " (7: 137,159).
It should be noticed that the Qur'än, for the first time, mentions banü Isrä'il because
they are the oldest people to have a scripture and to believe in prophets. The verses in
high
God
banü
Isrä l and the bounties that He
the
that
to
esteem
gave
question show
bestowed on them after their persecution during the time of the tyrant Pharaoh.'°° The
first verse declares that God made them heirs of the lands of Syria and Egypt, which
He blessed by causing fruits and crops to grow. '°' This was as reward for their
The
Qur'än
and
patience.
shows that God fulfilled His promise that he
perseverance
Prophet
Moses
through
which means that He would grant banü Isrä'il victory
made
(7:
129).
The
their
enemy
second verse raises them to an elevated rank and
over
maintains that they guide others with truth and practice what is right. The verse refers
followed
Jews
Prophet Muhammad or those who followed Prophet
to
who
either
Moses during his lifetime and they held fast to his message; neither
changed words
10°A title which was
given to anybody who rules Egypt before the Ptolmies epoch and it means the
ancient Egyptians as well. ( Rida, op.cit., 9: 86)
.
101
Al-Alüsi,
op. cit., 5:36.
39
from their context nor killed a prophet.102Following the praise of the Children of
Israel, other Qur'änic versescriticise them. An example is the verse that reads:
And We gave (Clear) Warning to the Children of Israel in the Book, that twice would
they do mischief on the earth and be elated with mighty arrogance (and twice would
they be punished)!" (17: 3)
The Qur'än commentators hold that the reference here is to their disobedience and
forgoing the judgments of the Torah. However, the Qur'än does not mention which
Al-Razi103assertsthat the land refersto Egypt while
land witnessedtheir disobedience.
imply
land
Egypt,
Syria,
AlJerusalem.
that
this
would
maintains
and
al-Shawkdn
Shawkäni,in line with the verse, arguesthat banü Isrä'il's misbehaviour occurred
'°4
twice. Firstly, when they went beyondthe judgments of the Torah and, secondly,
intended
John
Baptist
kill
killed
Jesus.
the
to
they
and
when
1.7 The Medinan period
As a result of the persecutionthat ProphetMuhammadsufferedin Makkah, it was
necessaryto accept the offer of protection and support extendedby the leadersof
Madinah.Accordingly, in 622 he migratedto Madinah (250 miles north of Makkah)
This
followers.
his
period marksthe expansionof the call to Islam when Muslims
with
began to make gains from their conflict with their opponents. Innumerable new
faith.
to
the
The Qur'änic verses that were revealed to
responded
new
supporters
Prophet Muhammad during this period reflected these developments. Following the
Qur'än,
the
these Medinan verses are slightly different from the earlier
of
chronology
Meccan ones. Remarkable features that draw a tangible distinction between the
Meccan and Medinan verses will be highlighted. Arguing with the People of the Book
and asserting the trustfulness of Prophet Muhammad's message were the major
102AI-QurtubT, op.
cit., 7:302.
103Al-RazT, op.
cit., 5:372.
104
Al-Shawkäni,op. cit., 3:259.
40
dominantmotives of the Meccanverses.In contrast,Medinan verses,pay significant
discuss
Madinah,
the
large
Jewish
to
the
and
of
relations with
population
attention
Medinan
In
Makkah.
from
for
Jerusalem
(the
direction
the
to
prayer)
change of qiblah
This
faiths
by
Qur'än
their
the
the
proper names.
mentions
adherentsof other
period,
feature is not very common in the Meccan verses. It is a key that clearly draws a vivid
distinction between the two periods. This determined the Islamic attitude to other faithIn
in
Medinan
this connection, Robinson comments:
the
period.
communities
"nevertheless, whereas the context of the Meccan sürah was almost invariably
is
Medinan
Medinan
Many
the
the
this
the
case
with
not
sürahs.
of
polemical,
intended
for
the edification and guidanceof the
the
on
contrary,
were,
revelations
"°5 Commentingon the issue of Meccan and Medinan, Neal illustrates:
community.
"polemic againstthe PaganArabs and their materialismis, as one might expect,much
during
it
Meccan
"lob
the
than
was
period.
rarer
1.7.2 Verses in praise of the People of the Book
1.7.3 Reward in the Hereafter
The first theme that the median verses deal with is the reward of the People of the
Book in the Hereafter. In this regard, the following verse lays an important maxim that
Muslims
on equaltermswith their non-Muslim fellows. The versereads:
puts
Those who believe (in the Qur'än), and those who follow the Jewish (scriptures), and
the Christians and the Sabians,- any who believe in God and the Last Day, and work
righteousness,shall have their reward with their Lord; on them shall be no fear, nor
shall they grieve. (2: 62).
The verse under discussion refers to Muslim believers who followed Prophet
105Robinson, Neal. Discovering the Qur'an:
a contemporary approach to a veiled text, London: SCM
Press, 1966, p. 196.
106
Ibid, p.197.
41
the
Qur'än
the
In
belief.
recognizes
the
same place,
Muhammad and maintained their
in
Qur'än
The
Book.
People
the
places
the
of
among
existence of a righteous group
The
group
second
for
scriptures.
hearts
and
Muslims'
prophets
previous
respect
followed
Jewish
(those
the
hädü
scripture)
is
in
who
the
verse al-LadhTna
mentioned
108
last
107
The
the
to
Sabaeans.
of
advent
It
to
the
prior
group
Jews.
then
refers
meaning
'
09
the
(Christians).
Al-Räzi
that
is
asserts
al-Na-Ord
Islam that the verse mentions
before
Prophet
in
those
this
came
are
who
verse
Christian group mentioned
11°
Tabari
faith.
Al
in
Jesus
believed
their
and maintained
Muhammad's time. They
Day
believes
in
God
the
of
the
for
and
who
group
of
that
member
any
argues
"
it
Qur'än
his
belief.
Thereafter,
for
him
the
clear
makes
Judgment, Alläh will reward
fear
Neither
be
by
God.
nor
rewarded
that the true followers of these religions will
In
hereafter.
that
in
the
inflict
the
whosoever
them
addition,
verse
stipulates
grief will
in
believe
God,
fulfil
to
three
main
prerequisites:
this
reward should
wants to receive
Tabar
Tics
by
deeds.
follows
do
Al
the
Day,
to
al
pattern set
good
and
the Judgement
.
He, too, adds that the verse was revealed regarding Salman the Persian and those who
he
Islam.
They
him
before
Christianity
to
told
his
about the emergence
converts
taught
107They are called yahüd (Jews) because they said: for we have turned into Thee in repentance (innä
hudnä ilayk 7: 156), or they (hädü) repent from worshipping the calf (2: 54) from the verb (hada), means
belong
Yahodha
1:
279.
Jacob
Al-Alüsi,
because
the
they
to
eldest
son
op.
cit,
of
to repent or
.
losThe Sabaeans
refer to two quite different sects,namely:
sectpractisingthe rite of baptismin Mespotamia(i.e.
1. the Mandaeans
or Sunbbas,a Judaea-Christian
Christiansof Johnthe Baptist); and
2. The pagan Sabaeansof Haran who did not know the rite of baptism. They, perhaps, adopted this name
by
Islam
Jews
to
the
the
tolerance
to
the
secure
advantage
of
and
of
precaution
accorded
as a measure
Christians. Hutman, M. Th. The encyclopaedia of Islam, Vol. 1, new edition, Leiden: Brill, 1960, p.264
109They are called nasara (Christians) becausethe word itself (nasara) is either derived from the verb
(nasara) meansto help as they helped each other, or they lived in a land called Nd erah (Nathareth), the
town of Jesus and he himself was called näýiri. It might be because when he said: " Who will be my
helpers (ansart) to (the work) of God 61: 14", they replied: " we are God's helpers (ansaru alldhi) "
61: 14). Ibid. "al-Nasara" had become the usual name for Christians in Arabic, and as such was in use
amongst the Arabs before Muhammad's time" Mcauliffe, Jane Dammen, Christians in the Qur'An and
tafsir, Mcauliffe, Jane Dammen, Christians in the Qur'än and tafsir in Waardenburg, Jacques, Muslim
perceptions of other religions, New York ; Oxford : Oxford University Press, p. 108.
110Al-RAzT,op. cit., 3:97.
111
Al-Tabari op. cit., 1:361.
42
112
follow
him.
Thus,
Jews
Christians
Arabs
the
they
and
and
will
of a prophet among
have
fellows
Muslim
the same reward. The
their
terms
will
and
are on equal
with
in
live
They
Muslims
to
peace
with
non-Muslims.
above-mentioned verse enjoins
fairness.
kindness
A
bears
the
that
treat
and
similar
reference
non-Muslims
with
should
in
69.
Al-Shawkdn
implied
is
found
5:
that
the
states
meaning
sürah
significance
same
of the verse is that Allah wants to show that those groups regardless of their religion
have something in common, that is whoever believes in Allah and in the Judgement
13
have
his
Day will
reward!
1.7.4 Preaching of Islam
Hereto the Qur'an shows the methods that should be adopted to call for Islam. In the
following verse, the Qur'än tackles another maxim, which advocates goodnesstowards
non-Muslims and upon which the call to Islam mainly depends, that is there is no
The
to
religion.
verse reads:
compulsion accept
"Let there be no compulsion in religion: Truth stands out clear from Error". (2: 256).
The Qur'än clearly establishes a clear-cut criterion in preaching Islam to other nonMuslim communities. It considers religious faith as a matter of conviction. People
"4
forced
be
Thus, Islam calls all humans to its message.
to these things.
cannot
Similarly, it does not resort to pressure or threats of any kind. On the contrary, it
displays facts and reasoning until it reachesits purpose. People of the book are granted
freedom of worship; thus, during the early Muslim conquests, Jews and Christians
forced
to convert to Islam. Thus, we find that the Qur'än proclaims the end
were not
for any compulsion or coercion in religion and grants
people their right to believe or
choosetheir beliefs.
112Al-TüsT, op. cit., 1:284
113A1-Shawkäni,
op. cit, 1: 117.
14Maudoodi, Sayyed Abul `Ala. Towards
understanding the Qur'än. Leicester: Islamic Foundation,
1988,1: 199.
Faith and belief should come out of the free will of people. Judgementday will,
Shari`a
Law,
is
This
the
of
which means
purposes
one of
otherwise,carry no meaning.
hence
be
by
Law,
Shari`a
belief
protected
that the personal
of a person or a people will
by a Muslim authority, as long as they do not contradict the other purposes of the
Shari`a.
The verse here ascertains that there should be no enforcement to accept a religion;
in
be
Moreover,
to
the
this
order
carry
utilised
out
mission.
should
means
other
rather,
Qur'an has other referencesthat have the same significance (28: 56,10: 99, and 88:22).
Ibn `Abbas narratesthat this verse was revealed when a Muslim from al-Anpr
(helpers)called Sälim b. `Awf had two Christian sons.He said to ProphetMuhammad
'
15
but
Islam
Christianity.
asthey acceptnothing
shouldI enforcemy sonsto accept
In the following verse, the Qur'än informs Prophet Muhammad to deal fairly when
debatingwith the Peopleof the Book whetheror not they respond.The versereads:
So if they dispute with thee, say: "I have submitted My whole self to God and so
have those who follow me." And say to the People of the Book and to those who are
unlearned: "Do ye (also) submit yourselves?" If they do, they are in right guidance,
but if they turn back, Thy duty is to convey the Message. (3: 20)
This verse attracts Prophet Muhammad's attention to how to dispute with the People of
the Book. It shows that if the People of the Book were to argue with Prophet
Muhammad concerning Islam, he had to say that he and Muslims surrender to the Will
followed
He
God.
the same path of Abraham since the People of the Book confessed
of
that Abraham was right. Thus, the verse implies that if the People of the Book and
pagan Arabs surrendered to the Will of God, they are on the right way. Otherwise,
Prophet Muhammad had to preach to them. Al-Tabari, on the one hand, states that the
verseis a responseto the Christiansof Najrän when they askedProphetMuhammad
115
A1-SyütT,
op.cit. 1:126.
44
116
hand,
to
that
the
Al-Alüsi,
Jesus.
the
refers
verse
the
argues
other
on
about natureof
Christian
Christians
Jews
in
knowledge
the
or
and
those who are well grounded
among
"7
Al-Qasimi argues that the groups mentioned in the verse
delegation of Najrän.
'
18
his
follow
in
his
they
to
Ibraham
thus
that
call.
are
required
call,
was right
confessed
On another occasion, the Qur'an invites the People of the Book to achieve a common
The
Muslims.
verse reads:
with
ground
Say: "0 People of the Book! Come to common terms as between us and you: That
but
him;
God;
that
that we erect not,
associate
no
partners
we
with
none
we worship
from among ourselves, Lords and patrons other than God. " If then they turn back, say
least)
Muslims
(bowing
(3:
64)
(at
God's
Will).
"
"Bear
to
that
are
we
witness
ye:
This verse shows an unprejudiced method of debating with the People of the Book by
issue
important
highly
the
three
to
with
which
religions are most concerned:
a
referring
basis
for
The
Islamic
the
the
main
establishes
verse
calling that Muslims
monotheism.
119
begins
by
The
follow
Prophet
Muhammadand
to
passage
preach.
ordering
should
Muslims to tell Jews and Christians to come to an agreement with Muslims concerning
God.
The
Qur'än
does
one
not suggest any other method to argue with
worshipping
it
does
In
addition,
not privilege one religious group over another when
non-Muslims.
they have the same monotheistic basis. It also mentions that none should have more
than one God nor take priests or anchorites to be gods. Al-Qäsimi points out that the
Muhammad
Prophet
to adopt methods of debate with the People of the
verse urges
Book that previous Prophets used and which are found in the divine scripture.120
Finally, the verse orders Muslims to abide by their religion and recess peacefully when
they fail to come to a common ground with the People of the Book. This verse is said
to have been revealed when Jews said to Prophet Muhammad: `Do you want us to take
116
Al-Tabarº,op.cit.,3:214.
1"
Al-Alüsi, op. cit., 2: 104.
118AI-Qasimi, op.
cit., 1:298
119Rida, op. cit., 3:268.
120
Al-Qasim%op. cit., 2:332.
45
`Do
him:
to
Christians
you
then
The
'
Jesus?
said
Christians
took
the
you as a god as
121
Al-Tabari
'
(Uzayr)?
Ezra
maintains
Jews
to
that
the
said
to
to
same
want us say you
122
As
the
Najrän.
Christians
Medina
the
of
both
Jews
and
of
that the verse addresses
Christian
Jewish
Muhammad
and
interaction between Prophet
on one side and
discovered
they
Muhammad
that
increased,
prophet
communities on the other side
from
God.
took
that
they
in
the
different
their perception of
covenant
were
1.7.5 Characteristics of the People of the Book
features
the
Meccan
the
that
of
been
good
there
show
that
verses
It has
some
are
stated
following
issue.
In
deal
the
Medinan
this
Book,
the
with
People of the
period will also
like
indicates
Book
People
that,
distinguishes
the
the
Qur'än
and
of
among
passage,the
The
bad
read:
there
relevant
verses
elements.
good
and
are
nations,
other
Not all of them are alike: Of the People of the Book are a portion that stand (For the
long,
God
Signs
themselves
they
the
They
all
night
and
prostrate
of
rehearse
right):
in adoration. They believe in God and the Last Day; they enjoin what is right, and
forbid what is wrong; and they hasten (in emulation) in (all) good works: They are in
the ranks of the righteous. Of the good that they do, nothing will be rejected of them;
for God knoweth well those that do right. (3: 113-115)
in
Hereafter
People
Book
the
the
that
the
the
that
Having shown
of
will receive
reward
is equal to that of their fellow Muslims and the way of communicating with them, the
Qur'än then turns its attention to a common issue prevailing among followers of
honoured
in
is
is
In
God
this
the
connection,
most
sight
of
not?
and
who
who
religions:
is
People
Book
It
Muslims.
the
the
the
of
same
maintained that not
the verses give
as
from
have
God.
Qur'än
Henceforth,
the
the
them
same
veneration
reveals that a
all of
is
identified
Christians
for
following:
Jews
the
that
and
as
of
a
nation
stands
group
justice, trustfulness, and faithfulness to religion. In this verse, the Qur'än honours a
group of the People of the Book.
121
Al-RäzT,op. cit., 2:467.
'22Al-Tabarº,
op. cit., 3: 300.
46
It clarifies the reasonsfor giving them this unparalleled respect. The first reason is that
123
they frequently recite parts of their scriptures to seek God's forgiveness and mercy.
Secondly, they believe in God the Almighty and the Day of Judgment for which they
have to be prepared.124Thirdly, they are just in their behaviour and shun evil, the same
deeds
110).
Fourthly,
(3:
Muslim
they
to
the
good
undertake
nation
characteristic given
In
God
be
know
the
that
they
accepts
they
addition,
passage
proves
rewarded.
will
as
for
His
behaviour
the
that
group
propitiates
own sake and the return of
such sincere
these deeds would not be diminished. Ibn `Abbas explains how these verses were
revealed.
He reports that these verses were revealed when `Abd Allah b. Saläm and other
Muslim converts supported Prophet Muhammad's message.Some Jewish rabbis said
that none followed Muhammad but the wicked and if they were among our chosen
fathers'
their
they
renounce
not
religion and chose another. (Narrated
would
people,
'25
by Ibn Ishäq, al-Tabari, al-Bayhagt and others).
In the same sürah we find another referencethat gives more illustration to the
People
Book.
The
the
the
of
of
versereads:
characteristics
And there are, certainly, among the People of the Book, those who believe in God, in
the revelation to you, and in the revelation to them, bowing in humility to God: They
Signs
for
God
the
of
a miserable gain! For them is a reward with their
will not sell
Lord... (3: 199)
Here the Qur'an refersto a righteousgroup amongthe Peopleof the Book. According
to the verse,this group has a sound belief and they will get their due reward in the
Hereafter.Furthermore,they believe in what was revealedto them and Muslims. They
refuseto purchasethe words of God for a paltry price and do not hide the descriptions
and propheciesof Muhammad.On the contrary,they are humble and obedientto God
126
they
the
Jews
they
Christians.
and
are chosenpeoplewhether
are
or
123Rida, op. cit., 5:60.
124Ibid.
125
Al-Syüh, op. cit., 2:115.
126Ibn Kathir, op.
cit, 1:350.
47
The verse under discussion was revealed when Negus (al-Najäshi) King of Ethiopia
died.127Upon hearing this news, Prophet Muhammad led the funeral prayer for the
how
displeased
the
followers
departed.
Hypocritical
the
should
and
asked
were
soul of
he
had
Ibn
Juraij
that
the
for
Christian
never
seen.
said
whom
proselyte
a
prophet pray
it
b.
Saläm
his
fellows,
Allah
in
Abd
that
or
and
verse was either revealed support of
hand,
Najrän
Islam.
On
Christians
40
to
the
of
converted
other
was revealed when
Mujähid said that it was revealed to refer to all believers among the People of the
128
Al-Qäsim1 statesthat the verse refers to those who do not pervert words form
Book.
their right place and do not conceal the prophecies about Prophet Muhammad. They
129
Jews
Christians.
they
are
or
are the elite of the community weather
The Qur'an praises those who are well acquainted with the true teachings of the
scriptures:
But those among them who are well grounded in knowledge, and the believers,
believe in what hath been revealed to thee and what was revealed before thee: And
(especially) those who establish regular prayer and practise regular charity and
believe in God and in the Last Day: To them shall We soon give a great reward.
(4: 162)
The verse defines this group as those who believe in the Qur'an, perform prayers, pay
in
believe
God
Day
Judgment.
The
the
and
and
of
alms,
verse explicitly acknowledges
the vitreous people among Jews and assertsthat a great reward awaits them. Unlike,
other exegeteswho state that the verse refers to every group of the People of the Book,
Ibn
Kathir131
and
comment that the verse refers to `Abd Allah b. Saläm,
al-Alüsi13°
Usayd, Tha'labah, and other new Muslim converts. Al-Tabari argues that the verse
makes an exception to a group of the People of the Book. He adds that the verse was
revealedwhen the Jews said to ProphetMuhammadthat thesethings were previously
127Al-Alüsi,
op. cit, 2:383.
128Al-Syüti,
op. cit, 2:200.
129Al-Qäsimi, 1:488.
130Ibid, 3: 189.
131Ibn Kathir,
op. cit, 1:462.
48
the
that
Rida
the
verse
saying
opinion,
same
shares
and
permitted
are now prohibited.
in
Prophet
Muhammad
believe
believing
Muslim
and other
to
the
men who
also refers
132The following passagepays homage to a group of the People of the Book
prophets.
The
followed
Jesus.
those
verse reads:
who
particularly
And We ordained in the hearts of those who followed him Compassion and Mercy.
But the Monasticism which they invented for themselves, We did not prescribe for
them: (We commanded) only the seeking for the Good Pleasure of God; but that they
did not foster as they should have done. Yet We bestowed, on those among them
but
(due)
believed,
their
many of them are rebellious transgressors.
reward,
who
(57: 27)
The Qur'än's commentators, except Ibn Kathir, al-Shawkäni, and al-Qurtubi, agree
that the verse refers to those who followed Jesus. The verse asserts that God placed
in
hearts.
Al-Räzi
their
comments that such compassion and
mercy
and
compassion
133
bestowed
Muslims
(48:
29).
The
those
upon
elsewhere
verse under
resemble
mercy
discussion refers to monasticism. It affirms that Christians invented this to seek God's
did
fully
but
to
some
which
not
adhere.
pleasure
In agreement with the verse, some exegetes maintain that there will be a reward for
in
believed
Jesus and maintained their faith until the time of Muhammad
those who
follow
his
Although
to
first
they
the
started
message.
verse refers to the mercy of
when
those who followed Jesus,the second verse (57:29) stressesthat the People of the Book
Ibn
God's
mercy.
al-Mundhir narrates through Qatädah that the Jews said
stop
cannot
that a prophet from among us will emerge and will cut off hands and legs as
When
this prophet came from among the Arabs, that is prophet
punishment.
Muhammad they disbelieved him. 134
The Qur'än, portrays another image of the People of the Book: devout believer will
receive blessings both in this life and in the Hereafter.
132Rida,
op. cit., 6: 49.
133Al-Raz%op.
cit, 8: 103.
134AI-Syütt,
op. cit, 6:259.
49
If only the People of the Book had believed and been righteous, We should indeed
have blotted out their iniquities and admitted them to gardens of bliss. If only they
had stood fast by the Law, the Gospel, and all the revelation that was sent to them
from their Lord, they would have enjoyed happiness from every side. There is from
is
follow
but
that
them
a course
many of
among them a party on the right course:
65,66)
(5:
evil.
in
forgive
deeds
God
that
discussion
committed
evil
The verse under
will
assuresthat
135
Book
In
People
how
the
the
they
life
addition,
of
are.
grave
the worldly
no matter
if
in
fear
believe
Him,
Paradise
God,
they
for
have,
their
of
gardens
entertainment,
will
believe
in
Muhammad
Furthermore,
they
God's
and are
prohibitions.
and avoid
him,
just
believed
David,
by
to
they
the
the
revealed
as
was
psalms
of
what
convinced
136
books
Daniel.
Wisdom of Solomon, and the
of
Rida states that the verse means that they believe that was revealed in their
in
Prophet
that
the
to
the
refer
of
prophecies
emergence
scriptures, especially,
137
Muhammad.
The Qur'än says that those Jews and Christians were party to the right course because
believed
in
God;
believed
Day;
Judgment
have
they
the
and
worshipped
seen;
as we
forbade
did
deeds.
Furthermore,
the
the
they
and
right
wrong;
and
good
enjoined
bountiful
by
have
sustenance
caused
crops growing abundantly and plentiful
would
differentiate
They
must
not
among God's Prophets, abide by the injunctions
rains.
in
Books,
judgments,
their
their
observe
prescribed
and act accordingly. In contrast,
does
believe
in
the prophets, change words from their context, and
not
another group
deviatefrom the right path.
1.7.6 Equality with other groups
Peopleof the Book, accordingto someverse,havethe samerights and obligationsas
15 Al-AlüsT, op.
cit., 3: 319
136A1-Shawkani,
op. cit., 3: 59
137Rida, op.
cit., 4: 380.
50
Muslims. In this regard,the following versesread:
Not your desires, nor those of the People of the Book (can prevail): whoever works
in
heavens
belong
God
To
the
be
things
and on
all
evil, will
requited accordingly.
(o
before
Book
People
directed
have
the
Verily
the
you
you, and
of
earth.
we
Muslims) to fear God. But if ye deny Him, lo! Unto God belong all things in the
heavensand on earth. (4: 123,131)
The first verse makes all people equal before God. It states that all people, no matter
for
deeds.
have
Al-Alüsi
is,
belief
the
their
reports
their
reward
evil
will
religious
what
Jews
Christians
Muslims
(4:
123)
first
to
when
revealed
and
said
the
was
that
verse
Paradise
Arabs
be
them
the
to
except
and
pagan
of
when
admitted
nobody would
Quraysh said that there will be no resurrection. The second verse assertsthat they have
the same obligation as Muslims. It commands Jews, Christians, Muslims and other
138
disbelief.
God
fear
to
and shun
nations
Another imagewhich the Qur'än portraits for the Peopleof the Book is that God
The
judge
their
regardless
of
religion.
passagereads:
people
all
will
Those who believe (in the Qur'an), those who follow the Jewish (scriptures), and
the Sabians, Christians, Magians, and Polytheists,- God will judge between them
(22:
17)
Judgment:.
Day
the
of
on
The verse explains that those who believe in God, the Qur'än, and followed Prophet
Muhammad, Jews, Sabaeans, Christians, and Magians, will stand before God for
He
Paradise
followed
to
those
the right way and believed His
will
admit
who
requital.
for
As
disobeyed
God and ascribed other partners to Him, He
those
who
prophets.
139
Hell.
Remarkably, the verse does not make any distinction
would admit them to
between Muslims and the People of the Book, especially regarding the responsibility
for their deeds. On the contrary, God will summon all for questioning and privilege
will be given to those who are righteous. In the following verse the Qur'än deals with
another issue:
138Al-AIUsi, op.
cit, 3: 146.
139
A1-ShawkänT,
op. cit, 5:549.
51
Did not Allah check one set of people by means of another, there would surely have
been pulled down monasteries, churches, synagogues, and mosques, in which the
40)
(22:
in
is
Allah
name of
commemorated abundant measure.
but
Book,
their
People
the
scriptures,
the
At this point, the verse refers neither to
nor
of
believes
to
His
God
It
that
and
prophets
their
permitted
to
places of worship. shows
'4°
Oneness
fight those who disbelieve in order to establish His
on earth. There would
be no basis for a religion without recognising God's monotheism. The verse illustrates
that if this struggle was not allowed, these places, where prayers are performed and the
Qur'än
In
is
the
God
not
survive.
particular,
repeated,
would
continuously
name of
mentions the places of worship of the three revealed religions without giving
to oneplaceover another.
advantage
1.7.7 Domestic relations
Co-existenceamong the followers of the three divine religions and the domestic
issues
Hence,
Qur'än
that
the
the
them
approached.
are
among
relations among
in
from
injunction
Qur'än,
People
the
the
the
to
of
marrying
a
woman
an
according
Book is permitted in Islam. The verse reads:
This day are (all) things good and pure made lawful unto you. The food of the People
in
is
is
lawful
lawful
(Lawful
Book
the
them.
you
unto
you
and
unto
yours
unto
of
marriage) are (not only) chaste women who are believers, but chaste women among
the People of the Book, revealed before your time, - when ye give them their due
dowers, and desire chastity, not lewdness, nor secret intrigues if any one rejects faith.
(5: 5)
For now, the Qur'än adoptsa new approachconcerningdomesticrelationsbetweenthe
threereligions. It gives a clear instruction for the toleranceof Islam to the followers of
other religions who live within or outside the Muslim community. From today's
prospective,Islam did not give the Peopleof the Book freedomto practicetheir rituals
140AI-Qurtubi, op. cit, 12:70.
52
brought
People
the
Rather,
the
from
of
Muslim
them
verse
the
community.
exclude
and
the Book closer and urged Muslims to show kindness and show mutual sympathy.
Accordingly, this would lead to increasedinteraction between Muslims and their nonMuslim counterpartswho constitute an indispensablepart of the community. The verse
in question begins by elucidating that God made everything pure and good, whether it
is food or slaughtered animals for Muslims to eat. It illuminates that whatever the
People of the Book consume, except for certain kinds mentioned in verse 5:3, is also
permitted.
In this connection, Shboul states that the Qur'än acknowledges the religious and juridical
diversityamongthe threecommunities.He addsthat it also establishesthe principlesof social
interaction,such as allowing the food of ahl al-Kitäb as haläl (permitted) with certain
14'
Muslims
from
Moreover,
to
marry
women
permitting
ahl
al-Kitäb.
and
exceptions,
Muslims are allowed to consume the meat of animals (dhabiixrh) slaughtered by the
People of the Book. Equally, both Jews and Christians can share the Muslims' food
142
Muslims
slaughtered.
and that which
The permissibility of the animals slaughtered by the People of the Book is a widely
debated subject. Majlis1 states that the schools of law agree that it is permitted for
Muslims to consume the food of the People of the Book. He argues that the only
disagreementis regarding the food of groups other than Jews and Christians.143While
this position will not be debated in depth, a brief outline will be given. The Islamic rule
"our food is lawful to them and theirs is lawful to us" signifies that there should be no
barriers between Muslims and the People of the Book regarding food. 144
141Shboul, Ahmad M. H. Arab Islamic perceptions
of Byzantine religion and culture in Waardenburge,
Jacques, Muslim perceptions of other religions, New York ; Oxford Oxford University Press,
:
p. 108.,
p. 123.
142Al-Tabar% op. cit., 6:443.
143Majlisi, M, Baqir. Bi/1är
al-Anwar al-Jdmi'ah li durar akhbär al-'A'immah
Mu'assasat al-Risälah, 1983,63: 2.
144
Maudoodi, 2: 136.
53
al-Athär, Beirut:
The same verse shows another attitude towards other religions: it expresses that
Muslim
from
their
Book
to
People
counterparts.
the
the
are equal
of
women
just
Christian
Jewish
is
Muslim
as
Accordingly, a
woman,
or
allowed to marry a chaste
he marries a Muslim woman. It could be argued that there is a consensusof opinion
it
is
Christian
Jewish
Muslim
as
that
or a
woman permitted
marrying a
scholars
among
`Abd
Prophet
Muhammad.
In
this,
of
spite
of
the
practise of some companions
was
Allah b. `Umar stated that a Muslim should not marry a Jewish or a Christian woman.
He said that they believein a Trinitarian God and should thereforebe countedamong
four
Sunni145
Schools
jurisprudence
Islamic
discuss
the
Jurists
of
of
polytheists.
Christian
detailed
below.
Jewish
their
or
and
a
woman
give
views
as
marriagewith a
Al-Imam Malik considers such a marriage disapproved (makrüh). He states that
drink
from
Muslim
and
a
pork
wine,
should
not
marry
a
woman
since they consume
'46
However,
Book.
Muslim,
People
the
that
al-Shäfi`Y
argues
the
of
a
according
among
147
Jewish
Christian
is
or a
to this verse, allowed to marry a
woman. The Hanfi jurist alKaseln reiterates the same opinion relying on the above-mentioned verse to support his
148The Hanbali jurist Ibn Qudamah argues that a Muslim can marry a Jewish
opinion.
from
if
Christian
it
Judaism
or
a
woman
woman
another
religion
or
agreed
a
with
or
149
To conclude this issue, all four Sunni Schools of law consider such a
Christianity.
disapproved
as
or reprehensible, especially when the non-Muslim woman
marriage
lives in a non-Muslim country.
'^s SunnTMuslims are the largest denomination of Islam. They
are referred to as ahl al-Sunnah "people
of the tradition"). The word Sunni comes from the word sunnah which means the tradition of the
Prophet Muhammad. Sunnis are also referred to as ahl al-Sunnah wa-l lamä'ah (people of tradition and
congregation) which implies that the Sunnis are united. They represent the branch of Islam that came
through the caliphate.
'46Malik, b. Anas. Al-Mudawwanah
al-Kubrd. Place, publisher, and date are not mentioned, 2: 215.
147Al-Shafi'T, Muhammd b. Idris. Kitäb
al-'Umm. Beirut: Dar al-Kutub al-'Ilmiyyah, 1993,5: 8.
148Al-KasanT, `Ala' al-DTn Abiil Bakr b. Mas'üd
al-Hanafi. Baddi' al-Sanäi' ft tartib al-Shardi'. Beirut:
Dar al-Kutub al-'Ilmiyyah, 1997,3: 459.
149
Ibn Qudamah,Abd Allah b. Ahamadal-Magdisr. Al-Mughni. SaudiArabia: Riyadh, 1999,
9: 546.
54
1.7.9 Affinity with Muslims
In the following passage,the Qur'än extols Christians:
And nearest among them in love to the believers wilt thou find those who say,
"We are Christians": becauseamongstthese are men devoted to learning and men
who have renouncedthe world, and they are not arrogant. (5: 82)
The verses talks about three different groups, unbelievers, Jews, and Christians, and
how they relate with Muslims. Meanwhile, it criticises Jews and unbelievers because
be
discussed
Muslims.
This
later.
The verses places value
their
will
against
enmity
of
to Christians becauseof their kindness towards Muslims. It goes without saying that
thosewho believe in God, prophets, and scriptures, would be sympathetic to those who
have the same monotheistic beliefs. In this regard, the verses entreats Prophet
Muhammad and Muslims en masse that they would find among all other different
Christians,
whether they live in the Muslim community or not, to be
religious entities
lso
more compassionateand tolerant.
This kindness was due to the friendly treatment that Prophet Muhammad received
during his journeys in his early years.151Watt maintains: "this commendation of the
Christians reflects the kindness shown earlier to a group of Muslims in the Christian
Empire of Abyssinia (or Ethiopia) when they went there to avoid persecution in
Mecca."' 52 Similarly, Rahman also states "this attitude towards Christianity has
no
parallel towards other communities mentioned in the Qur'an because is sometimes
'53
indeed
highly
Christians".
tender
toward
mild,
The Qur'än touches upon
very
another theme concerning priests and monks. The verses mainly refer to these two
because
they are the most prominent ideals among a religious gathering
groups
and
upon whom the whole community can, spiritually, rely on.
'50Al-Alüs% op.
cit., 4:4.
151Ricca,op. cit., 7:3.
152Watt, W. M. Muslim-Christian
encounters. London: Routledge, 1991, p. 15.
153Rahman, Fazlur, The People
of the Book and the diversity of "religions", in: Paul J. Griffiths (Ed.),
Christianity through non-Christian
eyes (Maryknoll NY, Orbis Books, 1990), 109
55
The verse begins by stating positive commentson priests who teach religion and
inspire
who
monks
asceticism and preach devoting oneself to the worship of God. The
Qur'än honoursboth and grants them a prestigiousstatus equal to that of Muslim
believers.They are characterizedby certainpeculiaritiesthat give them eminenceand
privilege over other Christians. According to the verse, this unparalleled homage is
attributed to: they are not arrogant, untruthful, and when they listen to the Qur'än their
eyesoverflow with tears, are deeply affected and reaffirm their faith. They honour their
from
believing
in God. Their petition is that
them
pledge and wonder what prevents
God might bring them together with pious worshippers.
In responseto their request,the Qur'än, at the end,brings glad tidings aboutwhat is
preparedfor them in the Hereafter.God will admit them to His Gardenswhereinrivers
flow and, in addition, they will be given the reward of the righteouspeople.Ibn Ab!
Hätim narratesthrough Said b. Jubayr that al-Najäshi (Negus) king of al-Habashah
(Ethiopia), sent thirty of his chosenpeople to Prophet Muhammad. He read before
them chapter 36, when they listened to the Qur'än their eyes were filled with tears.154
To conclude, the foregoing section has given some aspects of the portrayal of the
People of the Book. It dealt with the Qur'änic verses that praise them and grant them
some rights equal to those of Muslims.
1.7.8 Scriptures of the People of the Book
The Qur'än has not only praised the People of the Book but also there is large
a
number of verses that praise their scriptures. We find that the zabür which is the book
of David, the Psalter is mentioned three times. Another verse refers to the scrolls of
Abraham. There are references to the Wisdom,
which is given to some prophets in the
154
Al-SyutT,op. cit., 2:537.
56
Due
the
identified
to
book,
but
writings.
particular
with
not
senseof a revealed
both
Torah
the
to
and
this
the
examples
subject,
researcherwill only give
wideness of
Gospel. The following verses give both the Torah and the Gospel an unmatched
reverence:
It was We who revealed the law (to Moses): therein was guidance and light. By its
in
bowed
(as
Islam)
by
Prophets
judged
Jews,
to
been
have
the
the
who
standard
God's will, by the rabbis and the doctors of law: for to them was entrusted the
We
And
in
footsteps
book,
God's
thereto.
they
their
witnesses
were
and
protection of
had
Law
before
him:
We
Mary,
the
that
Jesus
the
sent
confirming
come
son
of
sent
him the Gospel: therein was guidance and light, and confirmation of the Law that had
Gospel
judge
hath
Let
by
God
him:
before
the
the
of
people
a
guidance.
what
come
(5:
44-47)
therein.
revealed
The first verse explicates that God revealed the Torah to Prophet Moses and through
in
believe
God.
The
did
brought
God
to
that
Jews
passage
spells
out
not
were
which
but
for
be
be
Torah
tool
to
to
the
an applicable
a sourceof guidance also
only reveal
disciplining life according to God's canonical law. The verse states that Prophet
Muhammadand other prophetswho cameafter Mosesjudge Jews in the light of the
injunctions prescribedin the Torah. Here, the Qur'an confirms the authority of the
Torah as a source of inspiration. Prophet Muhammad issued a verdict that a Jewish
death
in
light
be
the
to
should
of the
and
woman
who
committed
adultery
stoned
man
Torah. This occurred when Jews went to ask Prophet Muhammad's judgment in this
matter in order to easethe punishment. He told them to bring forth the Torah and read
it but they concealed the verses relating to the stoning to death until `Abd Allah b.
Salam told them to reveal the real punishment.'55 Both rabbis and jurists judge among
'56
keep
that
them
people with
to
which prophets asked
against change. They are
guardians of the Torah and bear witness that it was revealed from God. The Qur'an
acknowledgesanother divine book, the Gospel.
155Ibn Kathir, op. cit., 1:518.
156AI-Alüsi, op. cit, 3:312.
57
The second verse in the above-mentioned paragraph elucidates that God sent Jesus
157
In
long
Gospel
to
the
to
the
path.
right
after a
chain of prophets with
guide people
this reference, Gospel is described as a guide. It contains evidence that attests to the
158
Gilliot
As
God
it
duties
details
that
the
observe.
of
people
should
and
unity
religious
comments: "nevertheless, the Gospel, like the Qur'an was a confirmation of previous
identical
Qur'an,
Its
to
the
thrust
the
the summons to
thrust
central
central
of
was
scriptures.
last
God.
"159
The
verse conveys an order to ahl al-Injil,
serve and worship
that is
Christians to judge their affairs according to the principles of the Gospel. The same
160
from
their right places.
versewarnsthem of changingwords
Similarly, the Qur'an mentionsthe threedivine bookstogetherwhen it talks about
issues:
the
oneof
God hath purchased of the believers their persons and their goods; for theirs (in
is
Garden
(of
Paradise):
fight
in
His cause, and slay and are slain: a
they
the
return)
in
binding
Him
truth through the Law, the Gospel, and the Qur'an.
on
promise
(9: 111)
Al-Räzi commentsthat the promisereferredto in this verse is confirmed in the three
books, just as the order to fight for the cause of God is to be found in all divine
161Al-Syüti states that this
is
promise also mentioned in both the Torah and
religions.
162
Gospel. Al-Qurtubi adds that jihad in the cause of God and fighting the enemies of
God were permitted during Moses's mission. 163
1.8 Verses that criticise the People of the Book
Now we havecometo the secondsectionof the versesthat criticise the Peopleof the
Book. Due to the nature of this period, there is a shift in the Qur'änic attitude towards
's' Maudoodi,
op. cit., 2: 165
158Al-Rfizi,
op. cit., 3:411.
159Gilliot,
op.cit., p. 25.
160Ibid.
16'AI-Räzi,
op. cit., 16:159
162AI-Syi ti, 3:502
163Al-QurtubT,
op.cit, 8:268
58
JewsandChristians.
1.8.1 Perverting God's words and breaching His covenant
This is the first issue that the Medinan period when referring to the People of the
Book deals with. Thus, we read:
Can ye (o ye men of Faith) entertain the hope that they will believe in you?- Seeing that a party
of them heard the Word of God, and perverted it knowingly after they understood it. (2: 75)
This verse refers to a group among the predecessorsof the People of the Book.
Accordingto al-Alüsi, this grouparethe Rabbiswho heardthe Torah and interpretedit
164
desires.
Al-Alüsi
to
their
own
adds that the verse might refer to the
according
seventyJewish people who were with Moses at Mount Sinai. Rida sharesthe same
opinion and addsthat those seventyJewishpervertedthe words of Moses when they
went back to their people. He affirms that this distortion is written down in the
165
Torah. Al-Tabari statesthat the verserefersto a group of banüIsra'il during Prophet
Moses'stime and it was the samegroup which askedhim to see God in public. He
adds that although the verse addresses those Jewish people during Prophet
Muhammad's time, it was their ancestors who perverted the Torah. 166The following
People
Book
God
Thus
to
the
the
a
group
of
refer
of
words.
we read:
who
pervert
verse
And there are among them illiterates, who know not the book, but (see therein their
do
desires,
they
and
nothing but conjecture. Then woe to those who write the
own)
book with their own hands, and then say: "This is from Allah, to traffic with it for
miserable price! -Woe to them for what their hands do write, and for the gain they
make thereby. (2: 77-78)
In his comment on the verse, Rida argues that the first verse refers to Jewish
scholars
who pervert God's words and some of the public who know nothing about their
religion.
164Al-Alüsi,
op.cit., 1:pp.298,299.
165Rida,
op.cit. 1:290,29 1.
166
Al-Tabari,op. cit., 1:411
59
Rida addsthat the secondverse maintainsthat those scholarschangedthe words of
God to copewith their own interests.167Al Tabari statesthat the first verserefersto a
fabricating
Jews
knew
some verses
their
scriptures except
group of
who
nothing about
Tabari
further
God.
Al
lies
This
tell
adds
to
that were not revealed.
about
group use
for
God's
to
a worldly
the
words
that
second verse refers another group who changed
benefit.168Al-Syüti mentions that the first verse does not refer to the People of the
Book but a group of peoplewho did not believe a prophet but they wrote their own
book and convincedthe fool amongthem that this book was revealedform God. He,
differentform other exegetes,addsthat the secondverserefersto someJewishRabbis
description
Torah
Muhammad
the
the
of
prophet
changed
and
who concealed
169
foretold. Al Tüsi illustrate that the two verserefer to a group of Jews.He maintains
that the book mentioned here is the Torah and the implied meaning of the verse is that
170
it
God.
this groupwrote the book by themselvesandthen attributed to
The next exampleof the Qur'än criticises a group of the People of the Book for
breaching God's covenant. The verse states:
Is it not (the case) that every time they make a covenant, some party among them
throw it aside? - Nay, Most of them are faithless. And when there came to them an
apostle from God, confirming what was with them, a party of the people of the Book
threw away the Book of God behind their backs, as if (it had been something) they
did not know! (2: 100,101)
Here, the Qur'an castigates some Jews for inconsistency and for not honouring their
This
verse makes a new allegation about the Jewish community and their
pledges.
hostility againstProphet Muhammad.It shows the gravity of breaking covenantsto
171
it
becomes
that
their
such an extent
one of
characteristics.
167Rida,
op.cit., 1:294
168AI-Tabari,
op. cit., 1:419,423
169Al-Syü T,
op. cit., 1: 158,159
170Al-TGsi,
op. cit., 1:322
171Al-AIGsi,
op. cit., 1:334
60
Al-Räz arguesthat they made a promise, before the emergenceof Muhammad, that if
17'
broke
They
help
him
Quraysh.
their
this prophet was sent, they would
against
battle
in
Prophet
Muhammad
the
helped
Quraysh
the
they
of
covenant when
against
Trenches.The implied meaning of the verse is that the majority of those who violated
173
his
in
did
believe
God
their covenant
and
messenger. This verse was revealed
not
b.
Jews
Malik
Prophet
Muhammad
their
al-$ayf, a
of
covenants.
reminded
when
Jewish man, said that the Jews did not make such a covenant and God did not take
their promise to Muhammad. `Atä saysthat the verses were revealed when the Jews of
174
band Qurayzah and banü al-Nadir broke their covenant with Prophet Muhammad.
The second verse spells out that when a prophet came to them to certify the truth of
their scripture, the Jews cast the Torah away. When Prophet Muhammad came to tell
them about the trustfulness of Prophet Moses and the reality of the prophesies that the
Torah had about his emergence, the Jews reneged on their promise. It does not mean
that they relinquished the whole book but they left a fragment that foretold of
175
his
descriptions.
Muhammad and
In this verse, al-Alus claims that Jews are divided into four groups. The first are
those who believed the Torah and committed themselves to its instructions; thus, they
are like Muslim believers. The second group are those who renounced their covenant
publicly and transgressedits limits; thus, they are defined as "a party of the People of
the Book who threw away the book." The third group are those who renounced the
last
The
privately.
covenant
group are those who held fast to it publicly but rejected it
176
secretly.
172AI-RäzT,
op.cit., 1:350.
173AI-TabarT,
op. cit., 1:488.
14 AI-SyütT,
op, cit., 1:181.
'75Rida,
op. cit., 1:323.
16Al-AIüsT,op. cit., 1:336.
61
In the following verses,the Qur'än dealswith anotherissue:
They have incurred divine displeasure: In that they broke their covenant; that they
rejected the signs of God; that they slew the Messengers in defiance of right; that
they said, "Our hearts are the wrappings (which preserve God's Word; We need no
more)"; - Nay, God hath set the seal on their hearts for their blasphemy, and little is it
they believe;-. That they said (in boast), "We killed Christ Jesusthe son of Mary, the
Apostle of God"; but they killed him not, nor crucified him, but so it was made to
appear to them, and those who differ therein are full of doubts, with no (certain)
knowledge. (4: 155-157)
Although the verses refer to incidents which occurred during the time of Prophet
Mosesand Jesus,the versecastigatessomeJews.They were accusedof breachingthe
from
follow
God
to
they
took
the Torah. Another erroneousact
which
covenant,
maintainedin the versesis their accusationagainstthe Virgin Mary of immorality. AlRäzi commentsthat the versesaccusethem of disbelief as they deniedthe miraculous
birth of Jesusthat would accordingly mean to deny God's ultimate ability.'77 The
versesdiscussesa widely debatedissue:was Jesuscrucified or not? It is not, however,
the aim of this chapterto go into further details about this issue.In brief, the Qur'än
ascertainsthat he was neithercrucified nor killed but anotherpersonsimilar to him was
crucified instead. As for Jesus,the verse affirms that God raised him to Himself.
Ridgeon maintains that "the Muslim commentators understand this passageto mean
that Jesus did not die on the cross; often they suggest that someone else (e.g. Judas)
died in his place while God exalted Jesusalive to heaven."178Here, the Qur'än refers to
Christians
forgot
of
a group
who
a part of the message.The verse reads:
From those, too, who call themselves Christians, We did take a covenant, but they
forgot a good part of the messagethat was sent them: so we estranged them,
with
enmity and hatred between the one and the other, to the Day of Judgment. (5: 14)
On his comment on this verse, al-Räzi explains that Christians forgot this
pledge when
they said to Jesus"we are God's helpers"but they did not commit themselvesto that
1" Al-Räzr,
op. cit., 11:78.
178Ridgeon, Lloyd Islamic interpretation
Christianity.
Richmond: Curzon, 2000, p. 15.
of
.
62
179
broke
their
Furthermore,
followed
Jews
they
they
the
pledge.
when
sameway of
covenant with God (3: 52,6: 14). Notwithstanding al-Tabari argues that this covenant
His
follow
duties,
God,
that
they
the
to
and
means
religious
promised obey
perform
follow
Muhammad
God
Ibn
Kathir
to
to
their
they
pledge
prophets.
made
maintains
'8°
him.
and support
In the following reference, the Qur'an refers to the Jews of Madinah:
"Or it be among the Jews, men who will listen to any lie, - will listen even to others
who have never so much is come to thee. They change the words from their (right)
times and places: they say, "If ye are given this, take it, but if not, beware! But why
do they come to thee for decision, when they have (their own) law before them? Therein is the (plain) command of God; " (5: 41-43)
These verses accuses some Jews of listening to falsehood, which means that they
lies
leaders
Prophet
Muhammad.
In addition, they changed
their
the
of
about
accepted
has
been
from
Some
their
that
proper
place,
an
accusation
already
explained.
words
death
that
this
to
the
to
accusation
mainly
refers
of
stoning
agreed
punishment
exegetes
in the caseof adultery. The Jews of Madinah changedthis punishmentto flog with
lashes. Accordingly, they consulted each other and decided if Prophet Muhammad
his
to
verdict to the same effect that they desired, they would accept it;
give
were
it.
Again, the verse mentions that they devour anything
they
would
reject
otherwise,
181
forbidden.
is
The Qur'än wonders at this behaviour: how could they seek
that
judgement from another legislator while they have their own scripture that has the
samejudgementas the Qur'än? It could be noticedthat while the verse 5:42 criticises
them, it acknowledges their right to judge their affairs as they see fit and ask them to
apply the injunction of the Torah. The verses stress that if they were given a verdict,
they would turn away and reject it.
19 Al-Räzi,
op. cit., 3: 384.
180Ibn Kathir,
op. cit., 1:498.
181This phrase
means both in a literal and a in a figurative sense.In the figurative sense,it would be the
taking of usury or bribes, or taking undue
advantage of people's weak position to their own fiduciary
powers to add to their own wealth. A. Y. Ali, op. cit., p.255
63
In his commenton theseverses,al-Ranidiscussesthat they claimedto readthe Torah
but they did not follow it and did not believe in Prophet Muhammad in spite of
182
he
judge
them.
claiming that would
1.8.2 Wishes of the People of the Book
Another theme that the Qur'än deals with is wishes of the People of the Book and
their intentions. Thus, the following verse reads:
It is never the wish of those without Faith among the People of the Book, nor of the
Pagans,that anything good should come down to you from your Lord. But God will choose
for His special Mercy whom He will - for God is Lord of grace abounding. (2: 105)
This verse refers to both the unbelievers among the People of the Book and the
implies
This
Muslims.
that
to
the
argues
and
neither
wishes
good
will
polytheists,
Qur'an, mercy, and revelation. The verse shows grudges towards Muslims from both
sides. This verse was revealed when Muslims said to their allies among the Jews:
believeMuhammad.They said: had he beenbetter than that in which we believe, we
him.
is
followed
It
have
also said that the versewas revealedto refer to some
would
183
kindness
Thus,
Muslims.
Jews who pretended to show
this
towards
and goodness
bounties
falsifies
God
His
their
to whom He
that
verse
position and maintains
gives
His
messengersto carry out His orders.
chooses
pleases,and
In the same sürah, another verse reads:
Quite a number of the People of the Book wish they could Turn you (people) back to
infidelity after ye have believed, from selfish envy, after the Truth hath become
Manifest unto them. (2: 109)
The verse states that Jews and Christians wished Muslims would forsake their religion
and become infidels. According to the verse, this feeling is because they harbour a
grudge, although they know that the Qur'än speaks the truth and Prophet Muhammad
182A1-Räz%
op. cit., 11:186.
183Ibid, 1: 349.
64
both
born
theological
hostility
The
of
out
was
was right.
resulting attitude of
184The verse commands Muslims to
controversy and of political and military conflict.
`Abbas
Ibn
hostility
forgiveness.
Exegetes
and alas
such
replace
with patience and
Tabari said that this verse, although this is not my area of investigation, was abrogated
by the verse of the sword (9:29). Ibn Abi Hätim narrates through `Ikrimah or Said
Huyay
Yäser
b.
Abü
Akhtab
Ibn
`Abbas
the
that
and
through
verse was revealed when
b. Akhtab, two Jewish chieftains, were among the people envious of Muslims. They
185
from
Waardenburg
Islam.
to
to
converting
people
prevent
usedall possiblemeans
be
Book
Qur'än's
to
the
the
the same:
the
that
of
people
not
approach
might
maintains
The tone of accusation in the Qur'an towards the Christians is much milder than that
between
Christians
Muhammad
Jews
the
to
the
the
was
and
and
conflict
addressed
116
intense
his
Jews.
as
conflict with the
certainly not nearly as
In the following verse, the Qur'än exposes the intention of Jews and Christians for
their arguments:
It is the wish of a section of the People of the Book to lead you astray. But they shall
lead astray (Not you), but themselves, and they do not perceive! Ye People of the
Book! Why reject ye the Signs of God, of which ye are (Yourselves) witnesses?
(3: 69-72)
According to al-Shawkäni, the verse refers to the Jews of banü al-Nadir, banü
1S7
banü
Qurayzah.
Qaynugä' and
They wished they could ask Muslim to convert to
Judaism. Other exegetesmaintain that the verse refers to Jews and Christians who were
knowledgeableaboutthe Torah and the Gospel.The Qur'än criticises them as they are
trying to cast doubts in some Muslims' minds and hearts. The verse states that their
188
be
face
God's
counter-productive when they
scheming will
punishment and anger.
184Ridgeon, op. cit., 16.
p.
'85Al-Sy utT,
op. cit., 1:201.
186Wardenburg, op.
cit., p.9.
187Ibid.
188Al-Tabari, op. cit., 3:307.
65
This versewas revealedwhen some membersof the above-mentionedJewishtribes
tried to urge Mu'ädh b. Jabal, Hudhayfah b. al-Yamän, and `Ammar b. Yäser,
(companionsof ProphetMuhammadto convertto Judaism).189In the next verse,the
Qur'än accusesthe Peopleof the Book of denyingsomereferencesthat foretold about
Muhammad.190It might also mean that they denied some of his miracles that bore
witness to his truthfulness. Henceforth, to deny such miracles would be a contradictory
191
attitude as these miracles supported prophets as already attested. The last verse
Christians
Jews
falsehood.
According to altruth
and
of
confounding
with
accuses
Alüsi, this accusation signifies the following: they altered both the Torah and the
Gospel;they declaredIslam publicly but believed in Jesusand Moses; or they knew
192
but
Prophet
Muhammad's
denied
the reality of
the truth. Similar references
message
that bear the same type of criticism are found elsewhere (2: 139,140). Rida argues that
Jews concealedjudgments in their Law such as the prophecies,which predict the
193
emergenceof Prophet Muhammad.
Here the passagerefers to the unbelievers among the People of the Book. The verses
read:
Those who reject (Truth), among the People of the Book and among the Polytheists,
were not going to depart (from their ways) until there should come to them Clear
Evidence, - Nor did the People of the Book make schisms, until after there came to
them Clear Evidence. Those who reject (Truth), among the People of the Book and
among the Polytheists, will be in Hell-Fire, to dwell therein (for aye). They are the
worst of creatures. (98: 1,4,6)
The first verse assertsthat a group of the People of the Book would not
relinquish their
disbelief until they receive a clear proof. Ibn `Abbäs
affirms that the verse refers to the
189A-SYDtT,
op. cit., 2: 7 1.
190Ridä,
op. cit., 3:273.
19'Al-Räzi,
op. cit., 2:470.
192Al-Alüsi,
op. cit., 2: 191.
193Rica, op. cit., 3:274.
66
'94
Jewsof Median, more preciselybanü Qurayza,banü al-Nadir, and banü Qaynugä'.
The other verse deals with those who disagreed with Prophet Muhammad. Al-Tabari
They
his
did
knew
that
they
they
recognised
about
prophethood.
argues
so after
ProphetMuhammadbeforehis missionbut when he cameto them, only someof them
195
in
him.
believed
According to al-Qurtubi, they disagreed when they discovered
196
in
description
Prophet Muhammad's
their scriptures. The last verse explains the fate
disbelieve
in
deny
God
It
Muhammad.
the
those
and
who
prophethood
of
of
dwell
in
be
Hell
they
that
will
andwill
consideredthe worst creatures.
emphasises
1.8.3 Allegations
Throughoutits verse,the Qur'än revealssomeallegationsmadeby the Peopleof
the Book. In this regard, the following verse reads:
And they say: "The Fire shall not touch us but for a few numbereddays: Say:
"Have ye taken a promise from Allah, for He never breaksHis promise?Or is it
that ye sayof Allah what ye do not know?" (2:80)
The verseshowsone of the allegationsthat Jewsmade.They claimedthat they will
only be punished for few days. Al-Tabs i argues that this verse refers to the period
197
Rida states that the verse criticises them and
where they worshiped the calf.
shows their arrogance. He adds that if they are true in their claim they must have a
198
lying
Katch supports this allegation. He
to God.
proof, otherwise they are
comments: "The Koranic reference to "a number of days" recalls the Talmudic
199
in
hell
that
lasts
the
trial
the
transgressors
Ibn Jahr
twelve months".
statement
of
narrates that Jews said that the length of this worldly life is seven thousand years
194AI-QurtubT,
op. cit., 20: 140.
195A1-TabarT,
op. cit., 12:655.
196Al-Qurtubi,
op. cit., 20: 143.
197Al-TabarT,
op. cit., 1:425.
198Rida,
op.cit., 1:296
199Katch, Abraham I. Judaism in Islam, New York:
A. S. Barnes, 1962. p.77
67
and for eachthousandyear we will be punishedin Hell fire for one day. Then the
00
verse was revealed to refute their claim. In another occasion, we find the Qur'än
dealswith another allegation. The verse reads:
And they say: "None shall enter Paradise unless he be a Jew or a Christian. " Those
are their (vain) desires. Say: "Produce your proof if ye are truthful. (2: 111)
This verse sheds light on these allegations and refutes them. It displays that Jews and
Christians claimed that they alone should possess Paradise and only those who
followed their religions should be admitted to it. The verse maintains that such
allegationsare only wishesand have no basis.God challengedthem to bring proof to
if
their claims are true. Al-Räzi arguesthat this verseshowsthat
their
argument
verify
Jewswantedto cast doubt into Muslims' hearts.He addsthat neither Jews said this
201
did
Christians
it
Christians
Jews.
In another sürah, the
nor
against
say against
Qur'än refers to a different confrontation among the People of the Book:
The Jews say: "The Christians have naught (to stand) upon; and the Christians say:
"The Jews have naught (To stand) upon." Yet they (Profess to) study the (same)
Book. Like unto their word is what those say who know not; but God will judge
between them in their quarrel on the Day of Judgment. (2: 113)
The above-mentioned verse reveals that there is a scope for discrepancy among Jews
and Christians. Both are reproached for the claim that they will only be admitted to
paradise. While making this claim, they accusedeach other of having no basis for their
religions. The core of this accusation is that every group tries to prove that they are true
and their religion is the right one. While the Gospel bears witness to Prophet Moses
his
and
messageand the Torah confirmed the emergenceof Prophet Jesus,they denied
202
these parts. The Qur'än clarifies that, in spite of their accusations against each other,
they read and understand the scriptures. The verse launches another
attack because,if
this was the behaviourof thosewho readthe scripture,it is worseas they
are supposed
200A1-Syütii,
op.cit., 1: 163
201AI-Räzi,
op. cit., 4: 5.
202Al-Tabari, op. cit., 1:542.
68
to discernwhat is true. Othernations,suchaspaganArabs,had a similar attitudewhen
they said that Muslims' faith is baseless.
God enunciatesthat He will judge these disputed groups. Ibn `Abbäs reports that this
brought
Jewish
their
Najrän
Christians
the
rabbis
of
and
revealed
was
verse
when
dispute to Prophet Muhammad. Räfi` b. Harmalah, a Jewish rabbi, said to the
Christians, "You have nothing to stand upon in your religion" and that he disbelieved
Jesusand the Gospel. Similarly, a Christian man from Najrän said the same thing to
Jews and he denied the prophethood of Moses and renounced the Torah203
The Qur'an touches upon another claim:
They say: "Become Jews or Christians if ye would be guided (To salvation). " Say
thou: "Nay! (I would rather) the Religion of Abraham the True and he joined not
God.
(2:
135)
with
gods
The verse highlights that both Jews and Christians presumed that guidance and
his
Muhammad
Each
Prophet
to
them.
that
and
are
restricted
goodness
group wished
companions should give allegiance to either Judaism or Christianity. In reply to their
claim, the Qur'än instructed Prophet Muhammad to tell them that he follows the true
guidance through the religion of Abraham. Ibn Abi Hätim narrates through Said or
`Ikrimah through Ibn `Abbas that Ibn stiriyya, a Jewish man, said to Prophet
Muhammad, "Guidance is only that we follow. Thus, follow us and you will be
In the
guided". Christianssaid the samething. Accordingly, this versewas revealed204
following verse, the Qur'än probes People of the Book's disputes with Prophet
Muhammad:
Ah! Ye are those who fell to disputing (Even) in matters of which ye had some
knowledge! But why dispute ye in matters of which ye have no knowledge? It is God
Who knows, and ye who know not! Abraham was not a Jew nor yet a Christian; but
he was true in Faith, and bowed his will to God's (Which is Islam), and he joined
not
gods with God." (3: 64,65)
203Al-Syür, op. cit., 1:203
.
204Ibid: 210.
69
It could be argued that the above-mentioned verses reflect an ongoing dialogue
having
Jews
Christians.
The
their
an affinity
of
pretences
and
with
verses refute
Torah
both
Abraham,
the
to
and
the
of
revelation
with
whose mission was prior
Gospel. Abraham holds a prestigious position in their scriptures and Quraysh
205
have
his
There
follow
him
they
that
religion.
should
and proclaimed
revered
been debateseither with Prophet Muhammad or among themselves as to whether
disproves
by
The
Qur'än
Christian.
Jew
Abraham
this
or a
pretext
was a
or not
lived
long
before
he
Neal
the
two
the
that
emergence
of
religions.
states:
showing
The People of the Book are criticised for disputing about Abraham when the Torah
depict
him.
him
Thus
Gospel
to
were
attempting
as a
not
revealed
until
after
and
Torah-abiding Jew or a Gospel believing Christian are rejected as compatible with
06
biblical
the
chronology.
On the authority of Ibn Ishäq,Ibn Jar r, and al-Bayhagiwho said the verse (3:65)
Christians
from
Jewish
Najrän
number
of
when
a
some
rabbis
and
was revealed
Prophet
Muhammad
Jewish
both
themselves.
with
and
rabbis said
among
argued
207
Jew
Christians
Christian.
Althat Abraham was a
whereas
said that he was a
Hadädmaintains that the former verse, indicates change in the prophetic attitude
208
Book
People
He adds that this change does not mean an
towards the
of the
.
from
the People of the Book. Rather, the Qur'än
separation
entire religious
acknowledgesthe religion of the followers of ProphetMoses,Jesus,and finally of
209
ProphetMuhammad.
The following verseshowsanotherway of criticising both Jewsand Christians:
Abraham was not a Jew nor yet a Christian; but he was true in Faith, and bowed his
205Rida,
op. cit., 3:268.
206Neal, Robinson. SGratAl 7mrdn
and those with the greatest claim to Abraham, Journal of Quranic
studies, 2004,6 (2), pp. 1-21
207AI-$
ti op. cit., 2: 71.
208Al-Hadad,
al-Ustadh, full name of the author, year and place of publication are not mentioned, AlQur'än wa al-Kitäb, p. 171.
209Ibid.
70
will to God's(Which is Islam),andhejoined not godswith God. (3: 67)
It shows that the presumption of the People of the Book about Prophet Abraham's
had
is
argued
because
they
no
they
religion
erroneous
about something over which
knowledge. They disputed what is in their scriptures; that is the prophethood of Jesus
disputation
faith
his
denies
Abraham's
The
Qur'an
their
over
since neither
status.
and
210
he
Christian
Gospel
Jew.
Torah
the
or a
nor the
state that was a
The Qur'än showsanotherexamplementionedin previousscriptures:
They (also) said: "God took our promise not to believe in an apostle unless He
showed us a sacrifice consumed by Fire (From heaven)." Say: "There came to you
apostles before me, with clear Signs and even with what ye ask for: why then did ye
slay them, if ye speak the truth? "(3: 183).
Commentingon this verse,Rida maintainsthat Jewssaid to ProphetMuhammad:"We
he
brings
God
believe
to
that
a
promise
a tangible
made
we will not
a prophet until
proof."211Al-Alusi said that the people who asked for that were a Jewish group: Ka'b
b. al-Ashram,Malik b. al-Sayf, Wahb b. Yahüzä,Zayd b. al-Täbüh, and Fanhäsb.
`Azurä. They came to Prophet Muhammad and said: "We would not believe you until
bring
like
fire which comes from heavens". Rida illustrates that this
us
a
proof
you
212
in
practice was common previous religions. The verse ironically criticises this group
becausetheir ancestorskilled someprophetssuch as Yahyä (John), son of Zachariah
he
had
brought
these proofs to them. Al-Qurtubi maintains that the verse
although
refers to fire becausebefore Prophet Muhammad 's time if somebodywas to make
offering to God and it was accepted,God would send fire from heavensto burn that
213
offering.
210AI-Shawkäni,
op. cit., 1:44 1.
211Rida, op. cit., 4: pp.216,217.
212Al-Alüsº, op. cit., 2: 352.
213Al-Qurtubi, op. cit., 4: 296.
Al-Shawk,
gn statesthat this customwas commonamongthe Children of Israel during
ProphetMoses's mission. 14
1.8.4 The attitude of the People of the Book towards prophet Muhammad
Among the themes that the Qur'än deals with is the People's of the Book attitude
towards prophet Muhammad. In the following verse, the Qur'än illustrates this:
Never will the Jews or the Christians be satisfied with thee unless thou follow their
form of religion. Say: "The Guidance of God,-that is the (only) Guidance." Wert thou
to follow their desires after the knowledge which hath reached thee, then wouldst
thou find neither Protector nor helper against God. (2: 120)
The verse asserts that Jews and Christians would continue to oppose Prophet
Muhammadand would not be convincedby his call. Notwithstanding,they saidto him
that they seek peace and would accept Islam, but he was told that they would not be
215
he
Again,
him
he
Islam
took
their
was
pleasedwith
until
abandoned
religion.
and
up
told to inform them that guidance could only be sought through prophets and not
216
books.
Al-Tha`labi
through that which they added or altered in their original
Jews
Madinah
`Abbas
Ibn
the
through
that
this
of
verse was revealed when
narrates
and the Christians of Najrän were hoping that Prophet Muhammad would direct
himself and Muslims towards their qiblah (direction of prayer). When he was ordered
to direct prayers towards the Ka'ba, they gave up persuadinghim to follow their
217The Qur'än
warns Prophet Muhammad of following their desires particularly
giblah.
he
had
knowledge.
Otherwise,God will not help whoever
guidance
after
received
and
follows their claims. In the sameconnection,otherversesdealwith relevantissues:
We see the turning of thy face (for guidance to the heavens: now shall We turn thee
to a Qiblah that shall please thee. Turn then Thy face in the direction of the sacred
Mosque: Wherever ye are, turn your faces in that direction. The people oft he Book
214Al-ShawkanT,op. cit., 1: 511.
215AI-Qurtubi, op. cit., 2: 94.
216Al-Shawkäni, op. cit., 1:169.
217A1-SyüTT,op. cit., 1:209.
72
know well that that is the truth from their Lord. Nor is God unmindful of what they
do. Even if thou wert to bring to the people of the Book all the Signs (together), they
indeed
follow
Qibla;
follow
Thy
Qibla;
their
thou
to
will
nor
going
would not
nor art
they follow each other's Qibla. If thou after the knowledge hath reached thee, Wert to
follow their (vain) desires; then wert thou Indeed (clearly) in the wrong. The people
of the Book know this as they know their own sons; but some of them conceal the
truth which they themselves know. (2: 145-147)
In this passage,the Qur'än refers to the changeof qiblah from Jerusalem to the Ka'bah
and the reaction of both Jews and Christians against this change. The changing of the
in
the community of Madinah. Especially the Jews, which
qibla arousedmischief
formed a great part of the population, seemedto be concerned.Facing the Ka'bah
it
facing
deities
for
Muslims
But
the
a placewherealso pagan
wereworshipped.
means
was the place, where Prophet Abraham had built the first temple of the One God.
Historians consider this developmentas a decisive moment in Muhammad's break
with Jews. Therefore, it is a concrete mark of the religious distinctiveness of
Muhammad'scommunity.218Peterscomments:"this changemay have beenthe result
of a falling out with the Medinese Jews or it may have been done to placate or
reconcile the Jews. "219He adds that the Qur'an commentators did not agree on how to
220
construe this verse. Arnold argues that this change has a greater significance than it
might appear at first sight. He comments: "it wasreally the beginningof the nationallife of
Islam: it establishedthe Ka`bah at Mecca as a religious centrefor all Muslim people."221Neal
assertsthat this change marked Muslims as a separatecommunity distinct from Jews
222
and Christians. The verses start with a reference to the Jewish rabbis and Christian
priests affirming that they are well awareof the sacredmosquein Makkah and they
knew that Abraham built it. They acceptedthat prophets did not tell lies.
218Ridgeon, op. cit., p. 11.
219Peters, F.E Jerusalem: The Holy City in the
eyes of chroniclers, visitors, pilgrims, and prophets.
Princeton: Princeton University Press, 1985, p. 197.
220Ibid.
22' Arnold, Thomas Walker. The
preaching of Islam; a history of the propagation of the Muslim faith.
London: Constable, 1913, p. 27.
222Neal, op. cit, p. 201.
73
They understood,relying on their scripturesand knowledgeof abrogation(naskh223),
24
Qur'än
by
The
be
Qur'änic
others.
that
abrogated and replaced
verses might
he
if
to
that
Prophet
Muhammad
to
was
produce evidence prove
was
ascertainsthat
225
In
follow
him
believe
in
this
this
they
giblah.
nor
change,
would neither
right
because,
follow
his
to
they
each
other's
qiblah
call nor
would neither respond
addition,
Christians
Jerusalem
direct
Jews
towards
themselves
whereas
as al-Shawkäni states,
226
direct themselves towards the sunrise. The verses convey a clear caution to Prophet
Muhammadthat if he took their part, he would be unjust to himself and disobedientto
God. Ibn Jar r reportsthat the last versewas revealedwhen ProphetMuhammadwas
told to changethe direction of prayerfrom Jerusalemto Makkah, Jewssaid:He longed
for his father's home and birthplace.If he had maintainedour qiblah, he would have
beenthe prophet that we are waiting for. "227
The following verse refers to a group of the People of the Book who asked
Prophet Muhammad for a miracle just as another group asked Prophet Moses before:
The People of the Book ask thee to cause a book to descend to them from heaven:
Indeed they asked Moses for an even greater (miracle), for they said: "Show us God
in public, " but they were dazed for their presumption, with thunder and lightning.
(4: 153)
The verse under discussion reveals that some Jews asked Prophet Muhammad for a
in
believe
him
him.
Al-Alüsi
to
they
that
to bring
order
proof
asked
material
maintains
lawsjust like thoserevealedto Moses(7:145).He addsthat theselaws should comply
Rida
their
own
requests.
commentsthat they asked for a divine book to be
with
Prophet
Muhammad
to
revealed
and the book should testify that it was sent from God
"The
idea underlying the doctrine is that certain commands to the Muslims in the Qur'An
were only of
temporary implication and that when circumstances changed they were abrogated or replaced by others.
Watt, W. M. Bells introduction to the Qur'an, pp.87,88.
224Al-QurtubT, op. cit., 2: 161.
225Al-TabarT, op. cit., 1:27.
226Al-ShawkänT,op. cit., 1: 195.
227Al-TabarT,op. cit., 1:27.
74
228
Jews
illustrates
Al-AlCis
the
book
that
in
their
that
rabbis' names
a
shouldreveal
or
Moses
knew
to
deceive
because
Jews
Muslims
that
the
what was revealed
wanted to
Ten
Commandments
the
engravedon two stones.
only
were
229
intervals.
Furthermore, alThe rest of the instructions were revealed at different
Alüsi arguesthat their demand indicates that either they were unable to understand the
had
lot
they
they
though
were
or
a
of
prophets
even
of
meaning
prophethood
real
230
Prophet
Muhammad's
The
Prophet
to
call .
verse portrays
weaken
attempting
Muhammadas having the samemissionasProphetMoses.Al-Alüsi definesthe Jews'
commandwhen they said to Muhammad:We would not believe you until you bring a
book from God saysto so-and-sothat Muhammadis the messengerof God.s231The
Qur'an maintains that their ancestorswere also intransigent when they asked Moses to
seeGod in public.
1.8.5 Attitude of the People of the Book towards Muslims
Having shown the attitude of the People of the Book towards the prophet, this part
will show their attitude towards Muslims in general. In the following verse, the Qur'än
labels them as being feeble-minded. The verse that bears this meaning reads:
The fools among the people will say: "What hath turned them from the Qiblah to which
they were used?" Say: To God belong both east and West: He guideth whom He will to a
Way that is straight (2: 142)
The verse attributes foolishness to those who argued about the change of the qiblah.
Al-Tabari statesthat they are called so becausethey ignoredthe truth and Muhammad
232
Children
the
Israel
the
Al-Qur ubi argues that the
prophets of
was not among
of
verse refers to those who wish to change the qiblah including Jews of Madinah and
228Rida, op.cit, 6: 10.
229A1-AIüsT,op. cit., 3: 189
230Ibid.
231A1-AlüsT,
op. cit., 3: 181.
232Al-TabarT, op. cit., 2: 5.
75
hypocrites. Al-Tüsi explains that the feeble-minded people that the verse refers to are:
the Jews of Madinah, the hypocrites, and the Arab polytheists. He further adds that
233
they are called so becausethey mocked Muslims when the qiblah was changed. The
direction
God
Muslims
He
that
this
to
to
the
shows
who
guides
verse
change returns
likes. It is told that when Prophet Muhammad migrated to Madinah, he found the
be
initially
Jews.
He
followed their qiblah towards bayt
the
to
of
population
majority
he
(Jerusalem).
Later,
was ordered to change the giblah towards Makkah,
al-Magdis
234
doubt
Jews
Muslims
to
to
causing
ask and
what made
change their giblah?
In the following verses,the Qur'än spells out the intention of some Jews against
Muslims:
A section of the People of the Book say: "Believe in the morning what is revealed to
the believers, but reject it at the end of the day; perchance they may (themselves)
Turn back; "And believe no one unless he follows
Say:
"
"True
your religion.
guidance is the Guidance of God: (Fear ye) Lest a revelation be sent to someone
(else) Like unto that which was sent unto you?
or that those (Receiving such
revelation) should engageyou in argument before your Lord? (3: 73)
According to exegetes,the verses refer to a
group of Jews who, after consulting each
other, decided to believe in Prophet Muhammad and Islam at the beginning of the day
but renounce it at the end of the same day. The
verses proclaim that they aimed to
mislead illiterate Muslims who took for granted that the People of the Book had a
better knowledge of the nature of religion and
revelation. These illiterate Muslims
might have been tempted to forsake Islam when they found such people accepting
Islam and renouncing it in one day. The Jews' apparent aim was to
pervert Muslims
from following Prophet Muhammad. 235The second
verse adds that they would not
believe in anybody until he followed Judaism. In response, the Qur'än
states that
guidance comes only from God who guides whom He likes. Ibn Ishäq narrates that the
233 AI-TüsT,
1:3-4
234AI-WähidT, op. cit., 47.
p.
235Ibid.
76
in
believe
Come
to
what
Jews
to
other:
each
said
of
verses were revealed when a group
it
disbelieve
the
day
of
end
at
beginning
the
and
Muhammad
the
of
at
was revealed to
"236
forsake
their
follow
religion.
us and
the day, so his followers might
Jews
in
instance
are castigated:
Qur'an
The
which some
showsanother
"is
indigent
God
"Truly,
rich!
are
and
we
God hath heard the taunt of those who say:
in
Prophets
(their
the
act) of slaying
We shall certainly record their word and
Fire!
"Taste
the
the
We
scorching
of
penalty
defiance of right and
ye
shall say:
(3: 181)
from
Muslims
their
did
Jews
try
to
turn
that
not
only
The verse reflects
a group of
directed
insult
God.
Another
they
directed
taunts
but
against
grievous
also
religion
that
(5:
64).
God
As
them
found
is
threatened
taunts,
God
a
result
of
elsewhere
against
237
He would write down what they said and that they would be punished. The verse
the
killing
Remarkably,
God's
verse accuses
the
them
with
of
prophets.
also accuses
the Jews during Prophet Muhammad's time, although the killing occurred previously.
Al-Alüsi explains that the verse refers to them becauseof their approval of what their
238
found
be
blame
A
elsewhere
and punishment can
similar
predecessorscommitted.
is
Isaiah
killed,
son of
An
20).
(3:
argues,
the
they
as al-A yar
example of
prophets
Amoz (one of the prominent prophets of the Torah between 791-701 BC)239 On the
Hätim
Mardawaih
Abi
this
Ibn
Ibn
that
verse was revealed
said
and
of
authority
"God
(2:
Jews
245)
this
God's
and
said:
ridiculed
saying
was revealed, some
regarding
following
99240
In
began
loans.
for
beg
the
His
bankrupt
to
now and
creatures
went
from
People
Book:
Muslims
Qur'an
the
the
the
of
shows
what
would
receive
verse,
And ye shall certainly hear much that will grieve you, from those who received the
Book before you and from those who worship many gods. And remember God took a
236Al-SyUtT,op. cit., 2: 75
.
23' This was the taunt of the Jews of the tribe of banü Qaynuga', when Prophet Muhammad demanded
tribute of them in the name of God. J.M. Rodwell . The Qur'an tr. from the Arabic by J.M. Rodwell,
London: Dent. 1909, p.403.
238Al-Alüsi, op. cit., 2:352.
239Al-A yar, op. cit., 85.
240Maudoodi, op. cit., 1:303.
77
it
known
Book,
from
People
to
the
the
and clear to mankind, and
make
of
covenant
it
backs,
it
behind
but
it;
their
hide
they threw away
and purchased with some
not to
miserable gain! (3: 186,187)
Here the first verse tells Muslim believers that they would face trials and would hear
from the People of the Book and Pagan Arabs what would make them grieve. Other
both
Christians
Prophet
Jews
to
that
the
that
and
said
words
outline
references
Muhammad and Muslims are at: (2: 181,5: 64,9: 35, and 5: 19). Pagan Arabs opposed
Prophet Muhammad,mobilized soldiers to fight him, and preventedMuslims from
helping him. Furthermore,the verseconveysan order to Muslims not to lose courage
but to maintain patiencein the face of these devious words as this might persuade
241
in
Muslim opponentsto believe Islam. Ibn Abi Hätim and Ibn al-Mundhir narrate,
`Abbas
Ibn
that the verseswere revealedto
through
chain
of
strong
narration,
with a
Muslim
between
AbU
Caliph,
Bakr,
Fanhäý
b.
the
second
confrontation
a
and
show
242
is
latter
"God
Jewish
"
that:
`Aztirä, a
said
poor and we are rich.
man, when the
The secondverse follows the same course of criticising the People of the Book.
According to Ibn Kathir, the covenant to which this verse refers to is that which they
took from God through their prophets to believe Prophet Muhammad and make this
43
known
Qur'än
declares
The
instead
to
their
that
people.
covenant
of following the
instructions of their pledge, they turn their backs on it.
The verse reveals that the
impetus behind this act was nothing but a paltry price. The verse threatens those who
in
the
truth
pursuit of a worldly pleasure.The following verse depicts
concealed
anotherphaseof the attitudeof the Peopleof the Book towardsMuslims:
"Strongest among men in enmity to the believers wilt thou find the Jews and pagans"
"5:
82"
241Al-Räzt,
op. cit., 3: 115.
242Al-SyütT,
op. cit., 2: 192.
243Ibn Kathir,
op. cit., 1:354.
78
but
hostility,
in
idolaters
Although in the verse Jews and
are made the most vehement
that
Qur'än
The
Jews.
include
notes
does
specifically
all
not
according to exegetes,this
the
Qur'än
Even
the
Jews.
criticizes
directed
is
when
against all
not
such criticism
the
Muhibbu-Din
that
".
states
"among
there
them
are some...
Jews, it always notes that
into
Madinah
they
polytheists
with
Jews
alliance
entered
the
when
to
of
verse refers
244
blame
Al-Alls
for
this
This
the
Muslims.
Islam
reason
explains
and
against
lived
during
Prophet
Madinah
Jews
to
the
who
of
maintains that the verse refers
245
Muhammad's time. Al-Tabari statesthat the verse shows the sufferings that Prophet
Muhammad went through because of the polytheists of Makkah and the Jews of
246
Madinah
1.8.6 Concealing the truth
Another theme that the Qur'dn dealt is the habit of concealing the truth. The
following versescriticise Jewish rabbis and Christian priests becausethey concealed
had
inconsistency
they
the
createdover the changeof the qiblah:
the truth after
Those who conceal the clear (Signs) We have sent down, and the Guidance, after We
have made it clear for the people in the Book; on them shall be Allah's curse, and the
Except
those
to
those
who repent and make amends and
entitled
curse,
of
curse
- .
for
(the
I
Merciful.
declare
Truth):
I
Oft-returning,
Most
To
turn;
them
am
openly
(2: 159,160)
An impressive number of exegetes with the exception of al-Räzl and Ibn Kathir, state
that the above-mentioned verses speak of Jewish rabbis and Christian priests who did
Prophet
Muhammad's
did
descriptions.
They
truth
the
about
not allow this
reveal
not
truth to filter through to the Jewish and Christian masses.
244Muhibbu-Din,M.A, Principlesof Islamic
polity towardsahl al-Kitäb,Journal of Muslim minority
affairs,2000,20 (1), pp. 111-127.
245Al-AlOsT,
op. cit., 4: 5.
246A1-TabarT,
op. cit., 7: 1.
79
247
Scholarsof the Peopleof the Book refusedto show the original texts to the public.
God threatened them with His wrath, anger, and cursed those who kept these texts
God,
Exception
to
to
turned
those
and
such
practices,
secret.
who avoided
was made
performed good deeds. Accordingly, God accepted their sincere repentance. Ibn
`Abbas narrates that this verse was revealed when Mu`ädh b. Jabal, Sa'd b. Mu`ädh,
b.
Khärijah
Zaid asked some Jewish rabbis about rulings in the Torah but the
and
248
rabbis refused to tell them.
The following versetalks aboutthe punishmentof thosewho concealedthe truth:
Those who conceal God's revelations in the Book, and purchase for them a
into
they
themselves naught but Fire; God will not
swallow
miserable profit, address them on the Day of Resurrection. Nor purify them: Grievous will be their
penalty. (2: 174)
In this connection,al-Räzi commentsthat either the People of the Book concealed
descriptions of
Prophet Muhammad
or the religious
249
The verse
rulings.
metaphoricallysays that they eat nothing but the fire in their bellies. According to
5°
this
that
lead
their
fire.
Hell's
means
them
to
misdemeanorwould
someexegetes,
The verse assertsthat God would not be pleased with them and a grievous punishment
is awaiting them. Rida argues that this judgment is applicable to Muslims as well 25'
Ibn `Abbasnarratesthat the above-mentionedverse was revealedwhen someJewish
scholarsand chiefs such as Ka'b b. al-Ashraf, Ka'b b. Asad, Mälik b. al-Sayf, and
Huyayb. Akhtab usedto take gifts from their followers. They hopedthat the
coming
be
Jewish.
When ProphetMuhammad was not, they were afraid that
would
prophet
suchgifts might be suspended,thus they deliberatelyconcealedhis propheciesand said
247Rida,op.
cit., 2: 39.
248AI-Syutt,
op. Cit., 1:295.
249Al-RazT,
op.cit., 2: 417.
250A1-Shawkäni,
op. cit., 2: 202.
251Rida,
op. cit., 2: 82.
80
252
The Qur'än then shifts to
him.
that the prophecies we have do not apply to
demonstrateanother caseof blaming the People of the Book. The passagereads:
O people of the Book! There hath come to you our Apostle, revealing to you much
is
(that
in
Book,
hide
the
now unnecessary):
to
that ye used
and passing over much
There hath come to you from God a (new) light and a perspicuous Book, - ( 5: 15)
The verse states that a group of the People of the Book hid some parts of their
Muhammad
Prophet
Qur'än
to
that
The
that
which
reveal
was
sent
explains
scriptures.
they hid. Exegetes,with the exceptionof al-Qurtubi and al-Shawkäni,maintain that
Jews concealed the verse about the stoning in the Torah and the prophecies about the
The
Muhammad.
Prophet
Prophet
the
that
second
part
of
verse
shows
of
emergence
Muhammadleft much of it unexplained.Rida commentsthat this verse is a proof
hid
because
knew
issues
from
Muslims
that
they
they
them
many
and the
against
253Ibn Jarir narrates through `Ikrimah that the verse
was revealed when some
public.
Jews came to Prophet Muhammad to ask him about the stoning to death. He said:
"Which one of you knows best about that? They pointed out to Ibn Süriyyah. Prophet
Muhammad asked him about this punishment in the Torah. Ibn Süriyyah said, "When
became
hair
the
common;
we
shaved
of the head and pelted the culprit
adultery
hundred lashes". Prophet Muhammad gave an order that stoning to death should be
254
carriedout
Oncemore,the Qur'än ironically refersto thosewho were given the Torahbut
did not follow its instructions:
The similitude of those who were charged with the (obligations of the) Mosaic Law,
but who subsequently failed in those (obligations), is that of a donkey which
carries
huge tomes (but understandsthem not). Say: "0 ye that stand on Judaism! If
ye think
that ye are friends to God, to the exclusion of (other) men, then express your desire
for Death, if ye are truthful! (62: 5,6)
252Al-SyÜC,
op. cit., 1:309.
253Rida, op.
cit., 6:252.
u4A1-A1üs3,
op. cit., 3:286.
81
The verse uses a metaphorical expression when referring to the negligence of the
donkey
Torah
that carries
the
with a
Torah. The verse compares those who neglect
huge books without knowing the contents. Al-Räzi maintains that this example shows
from
benefit
did
their
humiliation
scripture.
those
disdain
to
not
who
and
more
deny
is
those
the
who
worst example of portraying
Besides, the Qur'än adds that this
255
God's proofs and signs. The other verse responds to their claim when they said that
believed
Jews
The
the
that
beloved
God's
many among
verse shows
children.
they are
had
God
like
created, that their covenant
any other people whom
that they were not
friends
God
Him;
to
that
they
the
had
God
their
of
and
were
with
status
elevated
with
the exclusion of other people.
1.8.7 Contradictions and disagreements
In the course of criticizing the People of the Book, the Qur'dn touches upon another
theme:
Nor did the People of the Book dissent there from except through envy of each other,
deny
had
is
in
if
knowledge
Signs
God
But
God,
to
them.
the
come
any
swift
of
after
(3:
19)
to
account.
calling
The above-mentioned verse refers to disagreements among the People of the Book
themselves.Al-Räzi, on the one hand, attributes this disagreementto the following:
(1) Jews, when they disagreed with Moses, as they are trustees of the Torah. (2) Both
Jews and Christians disagreed when the former held that al-Masih (Jesus) is the son of
God, while the later held `Uzayr (Ezra) is the son of God. (3) Christians, when they
disagreed as to whether or not Jesus is the servant and messenger of God 256Al.
Shawkäni, on the other hand, suggeststhat the People of the Book disagreed whether
255A1-RfizT,
op. cit., 8: 144.
256Al-RazT,
op. cit., 2:417.
82
or not Muhammad and Jesus were prophets257In addition, the verse shows that this
dissention was not becauseof their ignorance of the fact; indeed they had been taught
the scriptures. Unlike al-Shawkäni, al-Tabari states that the verse refers to Christians
258
Jesus.
and their disagreementover the nature of
The Qur'än gives another image of castigating the People of the Book; although the
Jews:
the
to
one
group,
only
refers
verse
Hast thou not turned thy vision to those who have been given a portion of the Book?
They are invited to the Book of God, to settle their dispute, but a party of them Turn
back and decline (The arbitration). 3: 24 This because they say: "The Fire shall not
touch us but for a few numbered days": For their forgeries deceive them as to their
own religion. (3: 23,24)
Again, the Qur'an, denies the contradictory attitude of Jews who were given the Torah.
It is simply that they believe in God's scripture, they should apply the rulings of this
book to their affairs. This Qur'änic stance is becausewhen they were called to believe
259
Muhammad
Prophet
they were reluctant to obey this call.
Furthermore, when the
Qur'dn asked them to allow the Torah to judge their life, they refused to commit to its
judgment. The verse, however, does not state directly that all Jews do not abide by the
teachings of the Torah. On the contrary, it is mentioned elsewhere that there is a group
that guides and maintains justice in the light of the truth (7: 159). The second verse
clarifies the grounds of this stance: it states that they said that they would only be
26°
in
for
few
days.
Hell
The Qur'än shows that they were deluded in their
a
punished
faith becauseof the false faith they forged (5: 18). Ibn 'Abbas narrates that the
verses
were revealed when Prophet Muhammad went to some Jews to convert them to Islam.
Al-Nu`män b. `Amr and al-Harth b. Zayd, two Jewish
men, said to Prophet
257
Al-ShawkänT,
op. cit., 1:4 10.
258
Al-Tabar%op. cit., 3:212.
259Ibid, p.218.
260Qur'an
exegetes, with the exception of al-Alüsi and Ibn Kathir agreed that those days
the
are
period where Jews worshipped the calf and it lasted for forty days. Al-Shawkäni,
op. cit., 1:413.
83
Muhammad:What religion do you follow Muhammad?He said, "I follow the religion
Muhammad
"Come
Prophet
the
Jew".
to
"Abraham
Abraham".
They
said,
was
said,
of
Torah which will judge us" but they refused.
In the following verse, the Qur'än compares contrasting patterns of Jews and their
behaviour in commercial transactions. It does not brand them all as dishonest. The
verse reads:
Among the People of the Book are some who, if entrusted with a hoard of gold, will
(readily) pay it back; others, who, if entrusted with a single silver coin, will not repay
it unless thou constantly stoodest demanding, because,they say, "there is no call on
but
ignorant
(Pagans).
"
lie
God,
faith)
keep
(to
they
tell
these
a
against
and
with
us
(well) they know it. (3: 75)
We note that the first pattern which the verse portraits is those who are trustworthy,
honest,and do not exploit anybody.They would return depositsbecausethey do not
betray those who trusted them. In contrast, the second group is those who are rapacious
Unlike
former
do
the
the
they
of
others.
rights
concern
no
about
show
group,
not
and
deposits
unlessthey wererepeatedlyasked.
return
The Qur'än reveals the reason for this behaviour: they would pretend that they had
fortune
Gentiles
('ummeyin)
the
the
and
of
guardian
was legal for them. They
no
justified their behaviour by intentionally telling lies against God when they said that
61
instructions
in
found
their scripture. This verse was revealed when some
they
such
Muslim converts sold goods to Jews. When they demanded payment, the Jews said:
"We do not owe you anything becauseyou left Judaism" and they claimed that they
62
in
found this the Torah.
In another verse, the Qur'än refers to the divisions among the People of the Book:
Be not like those who are divided amongst themselves and fall into disputations after
receiving Clear Signs: For them is a dreadful penalty,- (3: 105)
261Rida, op. cit., 3: 275.
262Al Tabar%
op.cit.,3:317.
84
Although this verse does not explicitly refer to the number of these divisions (further
it
in
be
discussed
be
the
that
chapter),
next
will
provided a point
clarification will
divisions.
Ibn
Kathir
these
the
comments that the verse
of
existence
acknowledges
263
innovators
AlMuslim
Christians
Jews
the
those
to
among
nation.
or
and
refers
Shawkäni shares the same opinion, adding that it means Kharijites. According to the
in
divisions
in
issues
fundamental
the
the
the
verse
concerns
prohibition
of
exegete,
264The verse warns
division
this
and
all
not
otherwise.
groups
religion
of
as there
every
for
divided.
dreadful
be
those
who
are
a
punishment
will
1.8.8 Dealing with scriptures
Anotherthemethat could be dealt with hereis the way of dealingwith scriptures.A
numberof versesrefer to changingwords from their right context,causinga part of the
divine revelationto be lost, and failure to follow the instructionsof such scriptures.In
this connection,the following versereads:
And that they should not become like those to whom was given Revelation a
foretime, but long ages passedover them and their hearts grew hard. That the People
of the Book may know that they have no power whatsoever over the Grace of Allah,
the (His) Grace is (entirely) in His Hand to bestow it on whosoever He wills (57: 16,
29)
This verse talks about the harshnessthat inflicted the hearts of a group of the People of
the Book. It warns Muslims against adopting the same course. Exegetes, however,
have different opinions to which group this verse refers. Ibn Kathir argues that the
verse means those who changed words from their context, took their priests and rabbis
as gods, and cast their scripture aside and thus, their hearts grew hard. The verse adds,
becauseof this, a number became transgressors. Al-Shawkani,
when commenting on
the above, states that the verse refers to those who did not act according to the
263Ibn Kathir,
op. cit., 1:583.
264AI-Shawkän7,
op. cit., 1:465.
85
further
He
Muhammad.
in
believe
did
adds
books
in
prophet
their
not
and
revelation
in
Jesus;
did
believe
implicated:
those
not
following
who
that the
groups of people are
265
The
dwellers
the
invented
second verse,
of synagogues.
those who
celibacy; and
however, explains that the People of the Book can never stop God's mercy. Al-Tabari
Muslims
People
Book's
in
the
to
the
of
of
envy
argues that this verse came response
believers
be
double
for
Muslim
there
Qur'an
that
a
reward
would
asserted
when the
(57:29). Ibn al-Mundhir through Qatädahnarratesthat the last verse was revealed when
from
hands
he
"A
Jews
cut
among
us
would
off
and
prophet would emerge
said:
some
from
Muhammad
Arabs,
Prophet
When
"
the
they
legs
came
among
punishment.
as
and
266
him.
disbelieved
In what follows we find a passage which asserts that some Jews and Christians
Muslims
The
from
take
they
them.
the
could
with
verses
right
path
and
wished
strayed
read:
Hast thou not turned Thy vision to those who were given a portion of the Book?
They traffic in error, and wish that ye should lose the right path. Of the Jews there
(right)
displace
from
their
those
who
words
places, and say: "We hear and we
are
disobey"; and "Hear what is not Heard"; and "RA'ina"; with a twist of their tongues
and a slander to Faith. If only they had said: "What hear and we obey"; and "Do
hear"; and "Do look at us"; it would have been better for them, and more proper;
(4: 44-45)
267
Jews
Remarkably, the Qur'än often uses the
Madinah.
The verses refer to the
of
term "those who were given a portion of the scripture" when it refers to Jews. Two
different
have
opinions regarding this expression. Maudoodi argues that the
exegetes
Qur'dn uses this term becausethey causeda part of the divine revelation to be lost and
becausethey detached themselves from the purpose and spirit of the divine revelation
268
which was available to them. Rida suggeststhat the Qur'an said they were given a
265Al-Shawkänt, op. cit., 5:215.
266A1-Tabari
op. cit., 6:255.
267Al-Alüsi, op. cit., 2:48.
268Maudoodi,
op.cit., 2:43.
86
ignored
Book.
They
followed
the
because
Book
many
they
part of
only
portion of the
269
the
Similarly,
that
its
judgments
their
al-Räzi
mentions
own.
and added some of
of
knew
because
book
the
they
the
about
emergenceof
they
of
part
given
were
verse says
270
The second verse demonstrates
Prophet Moses but not about Prophet Muhammad .
insulted
Prophet
Muhammad,
from
their
and
context,
correct
they
that
changed words
know
if
he
he
they
that
faith.
that
In
they
was
a
prophet,
would
said
addition,
slander
271
him.
The same verse emphasisesthat it would have been better for them if
insulted
Muhammad.
Prophet
listened
to
they were obedient and
The Qur'än maintains that there are some vitreous believers among them. Ibn
`Abbas narrates that Rifa`a b. Zayd al-Täbüh, a reputable man among Jews, used to
twist his tongue when talking to Prophet Muhammad and said to him: "Look at us until
72
insulted
Islam.
He
AlTisi
hear
then
you".
mockingly
we
states that the word
"rä'ina" either means offence in the old Hebrew language so Prophet Muhammad was
from
it,
it
Jews
Islam
Muslims.
On
to
to
abstain
using
or
some
used
mock
and
ordered
his comment on the last verse 4:47, alTüsi says that the verse refers to the Jewish and
Christian communities. Allah orders them to follow Prophet Muhammad, the Qur'an,
273
found
in
that
their
are
scriptures.
and the rulings
In the same sürah the Qur'an moves from referring to one group to the Jewish and
Christian communities:
O ye people of the book! Believe in what We have (now) revealed, confirming what
was (already) with you, before We change the face and fame of some (of you)
beyond all recognition, and turn them hind wards, or curse them as We
cursed the
269Rida, op. cit., 5: 112.
270Al-RäzT, op. cit., 10:93.
271Al-TabarT,op. cit., 4: 122.
272AI-SyutT, op. cit., 2: 300.
273Al-TüsT,
op. cit., 3:214.
87
(4:46)
Sabbath-breakers.
Jews
in
their
believe
that
scriptures.
which supports
The verse urges the two groups to
both
the
Qur'än,
the
truth
believe
the
of
affirms
to
which
Christians
are exhorted
and
Jewish
to
the
that
the
Al-Tabari
refers
Gospel.
verse
Torah and
and other exegetesstate
Rida,
that
the
Al-Alüsi,
of
in
Madinah.
meaning
and
others
state
al-Räzi,
community
is,
be
they
hindwards"
that
will
"and
them
real
or
turn
could
metaphorical;
the sentence
274
if
did
implies
The
that
they
back
not
verse
to
be turned
misguidance and unbelief.
Sabbath-breakers.
be
Qur'än,
they
as
cursed
believe the
would
1.8.9 Beliefs
is
beliefs
Qur'än
touched
the
the
that
topics
upon
of the
Among the numerous
involves
find
Thus,
the excessive way of venerating their
Book.
this
the
People of
we
following
In
New
Testament.
Old
this
the
the
regards,
passagereads:
and
prophets of
If only the People of the Book had faith, it were best for them: among them are some
but
(3:
110)
faith,
have
transgressors.
them
are
perverted
of
most
who
This verse affirms that it is been better for the People of the Book to believe. Even
belief
kind
did
they should adopt, al-Räzi argues
the
of
not specify what
though
verse
275
in
believe
him.
Prophet Muhammad and that which was revealed to
that they should
While the Qur'än recognizes a good element among the People of the book, it criticises
because
It
be
did
Qur'an
their
transgression.
them
that
the
of
of
should
number
noted
a
in
but
it
transgression
of
people
a
general
accuse
sometimes accusesthe
not arbitrarily
276
it
the
majority.
minority and other times accuses
In the following passage, the Qur'än talks about a creed that some of them adopted:
Hast thou not turned Thy vision to those who were given a portion of the Book?
They believe in sorcery and Evil, and say to the Unbelievers that they are better
274Al-TabarT,op. cit., 4: 124.
273Al-Räzi,op. cit., 3: 392.
276Rica, op. cit., 4: 55.
88
believers!
(4:
51)
in
(right)
the
than
the
way
guided
According to exegetes,the verse in question declares that some of the People of the
78
77
Jewish
devil,
two
in
believed
jib?
täghü?
Book
magic, and
which mean
and
The
b.
Ka'b.
Huyay
to
b.
Akhtab
al-Ashraf whom people used consult.
and
chieftains
79
from
Islam.
deviate
Al-Räzi states that the
people
two Jewish chieftains tried to
because
Jewish
they
type
cunning
preferred those who worship
of
another
shows
verse
80
Al-Qurtubi statesthat suchan incident took placeafter the
believers.
idols to Muslim
battle of Uhud when Ka'ab b. al-Ashraf went out with some other seventy Jews in
fight
decided
kill
Quraysh
Muhammad.
They
to
to
treaty
with
pursuit of making a
ProphetMuhammad.Abü Sufyän,a Qurayshichieftain, said to Ka'ab, "You are a man
is
illiterate.
Which
Ka'b
Muhammad
knowledge
one
well
guided,
and
we
are
or
us?
of
God
`By
"281
the
you
guided
on
right
are
well
and
way.
replied,
Anotherversethat refersto the Peopleof the Book is the following:
And there is none of the People of the Book but must believe in him before his death;
be
Day
Judgment
he
the
of
a witness against them. ( 4: 159).
on
will
and
Although this Qur'änic reference neither praises the People of the Book nor
it
be
it
them,
should
mentioned
since
refersto an importantpoint. The Qur'än
criticises
People
Book
the
the
that
none
of
of
would die unless he believes Jesus.
avows
Commentatorsarguethat the sentence"before his death" in the verse could refer to
Jesusandhis descentfrom heavento earthto establishjustice amongpeople.The other
interpretationof this verse is that the Peopleof the Book should believe Jesusbefore
277
The word signifies a thing devoid of any true basis and bereft of all usefulness. In Islamic
terminology, all superstitions are called jibt. It may be roughly translated superstition. Al-Mawdüdi 2:47.
278The word literally means anyone who
exceeds his legitimate limits. In the quranic terminology,
however, it refers to the creatures who exceeds the limits of his creature lines
and arrogates to himself
godheadand lordship (Ibid).
79Al-RAzT, op. cit., 3:235.
280Ibid.
281Al-QurtubT,op. cit., 6:249.
89
his death.The verse assuresthat Jesuswill be a witness againstthem on the Day of
82
Judgment. Here, the Qur'an presentsan ambivalent image of the excessiveadoration
that some Christians gave to Jesus.The verse regards the Christian doctrine simply as
in
faith:
extremism
O People of the Book! Do not go extremes in your faith and say about God except
truth. Christ Jesus the son of Mary was (no more than) an apostle of God, and His
Word, which He bestowed on Mary, and a spirit proceeding from Him: so believe in
God and His apostles. Say not "Trinity": desist: it will be better for you: for God is
one God. (4: 171)
The verse commands Christians to give God His due esteem. The verse shows the
humannatureof Jesusas a Prophetand a messengerof God. It is clear that all these
dogmasarethe result of exalting Jesusabovewhat God wants him to be. Initially he is
283
Messiah,
described as the
the son of Mary, the messengerof God, and "His Word"
God
is
to
Mary,
the
that
to
commentators,
according
signifies
prophecy
gave
as
which,
in
3:
45.
"Word"
Al-Qurtubi
that
this
comments
could either meanthe
reflected sürah
inspired
God
Mary
to
that
through the Angel Gabriel or it
message
and
prophecy
God's
(31:
27,66:
12)284
Furthermore,
Jesus
is
described
verses
means
as "a spirit
from
Him.
"
According
to some exegetes,this phrase means the breathing
proceeding
into Mary's womb by the Angel Gabriel and the Holy Spirit. The same verse conveys
Christians
believe
in
God and His Prophets and urges them to abandon
to
to
an order
285
doctrine.
the Trinity
In the following verse,the Qur'än demonstrates
the phrasesthat Jews and Christians
love
for
the
their prominentreligious figures:
extravagant
usedout of
282Al-AlüsT, op. cit., 3: 188.
283The word is originated from the main root Masaha that
delete.
Jesuswas called so because
to
means
God purified him from his sins or becausehe was purified from sins and imperfections that
are attributed
to other human beings, Al-TabarT, op. cit., 4: 373.
284Al-QurtubT, op. cit, 6:22.
285A term denoting the specifically Christian doctrine
that God is a unity of three Persons: Father, Son,
and the Holy Spirit. The word itself does not appear in the bible. It is generally acknowledged that the
church father Tertullian (ca. A. D 145-220) either coined the term or was the first to use it. Paul J,
Achtemeier. Harper's bible dictionary, New York: HarperCollins publisher, 1985, op.
cit, pp. 1098-1099.
90
The Jews call `Uzayr a son of God and the Christians call Christ the son of God. That
is a saying from their mouth; (in this) they but imitate what the unbelievers of old
used to say. (9: 30)
The verse shows that some Jews said that Ezra286is the Son of God. A1-Jasds, a
Jews
He
it
that
that.
that
adds
was only a small group who said
classical exegete,states
287
Jews
does
Rida
the
that
that
longer
said
this.
all
verse
not
suggest
comments
say
no
He
Jews
64)288
Madinah
(3:
181,5:
few
but
the
them,
argues
of
mainly
this
among
only
few.
because
Christians
be
the
of
punished
of
a
misdeeds
that a whole nation would
Jesus.
he
Once
honour
They
is
Son
God.
that
to
the
of
said
phrase
used an equivalent
involved,
Christians
does
but
that
the
were
all
as al-Alias argues,
verse
not state
more,
289
few.
Furthermore, the verse compares the two groups to the
it was the utterance of a
infidels which said that allät wa al- Uzzä and manät (names of idols that were
before
(53:
19-20),
Islam)
God
like
they
the unbelievers
are
girls
of
or
are
worshipped
(43:
God's
19)290
following
The
Quraysh
that
who
said
are
girls
angels
verses
of
kind
for
of
overstated
another
veneration
some clerics:
portray
They take their priests and their anchorites to be their lords in derogation of God, and
(they take as their Lord) Christ the son of Mary; yet they were commanded to
but
One God: there is no god but He. 0 ye who believe! There are indeed
worship
many among the priests and anchorites, who in Falsehood devour the substance of
men and hinder (them) from the way of God. (9: 31,34)
The first verse demonstratesthat the People of the Book took their priests, anchorites,
and the Messiah, the son of Mary, to be lords in derogation of God. Exegetes agreethat
this verse does not literally suggest that they worshipped these figures but obeyed
them.
286Ezra occupies a prominent place in the Jewish
community, particularly in connection with the
writing of the scriptures; the tradition is evident in 2 Esdras (4 Ezra) 14 where he became a
Prophet(Esd.1:1) and is described as dictating of the whole of ninety-four books to replace what had
been lost in Exile. Achtemeier, op.cit., pp.295-296.
287Al-Jaws, Ahmad b. `Ali al-Rani
al-lianafi. Ahkäm al-Qur'än. Cairo: al-Matba'ah al-Bahiyyah alMisriyyyah, 1928-29,3: 128.
288Rida, op.cit., 10 295.
289Ibid, 5: 274.
290Al-Shawkäni,op. cit., 2:451.
91
Al-Rdz explains that Jews and Christians did not think that rabbis and priests are lords
but obeyedtheir orders and prohibitions. It is held that `Uday b. Hatim was Christians
"We
He
31.
Chapter
9:
he
he
Prophet
Muhammad
said:
to
was reading
while
and went
do not worship them." Prophet Muhammad said: "Do not they prohibit what Allah
Prophet
"Yes",
He
Allah
legalise
lawful
said:
made prohibited?
what
and
made
Muhammad said: "That is as if you worship them."291
The Qur'an refutes the idea of deifying human beings and affirms that Jews and
Christians were only ordered to worship God. The second verse briefly mentions the
implied
Christian
The
Jewish
rabbis
and
priests.
meaning of
and
shortcomingsof some
the verse is that they acceptedbribes to changejudgments, changed words from their
it
from
God
they
to
are
at a miserable
claiming
sell
and
wrote
scriptures
correct places,
from
The
79)292
(2:
the
that
those
and
verse adds
rabbis
priests prevented people
price
293
bribes.
because
God
of what they took as
way of
1.8.10 Fighting against some Jewish tribes
Some referencesin the Qur'än deal with the course of battles between Muslims and
The
following
battle
Jewish
tribes.
the
mentions
verse
some
of banü al-Nadir:
It is He Who got out the Unbelievers amongthe People of the Book from their homes
at the first gathering (of the forces). Little did ye think that they would get out: And
they thought that their fortresses would defend them from God! But the (Wrath of)
God came to them from quarters from which they little expected (it), and cast terror
into their hearts. They will not fight you (even) together, except in fortified
townships, or from behind walls. Strong is their fighting (spirit) amongstthemselves:
thou wouldst think they were united, but their hearts are divided. (59: 1,14)
Al-Wägidi narrates that this battle occurred when a Muslim killed two Jewish people
294
had
Muslims.
who
a covenant of protection with
291Ibid.
292Al-Tabari,
6:
357.
cit.,
op.
293 Ibid.
294AI-WAgidi, Muahmmad b. `Umar. MaghäzT
rasül Alläh. Cairo: Jamä'atNashr al-Kutub al-Qadimah,
1984, p.282.
92
demanded
their
disapproved
this
and
misbehaviour
Prophet Muhammad strongly
two
Jewish
the
tribe
murdered
he
the
of
While
(diyyah).
with
was
compensation
Madinah
leave
to
Accordingly,
him.
they
kill
ordered
were
to
they
conspired
people,
the
Muhammad
Prophet
guaranteed
last,
they were expelled after
but they refused. At
this
fully
depict
The
this
restrict
and
lives
event
verses
their
properties.
and
of
safety
Muhammad's
denied
prophethood295
those
to
who
criticism
Next the Qur'än deals with another Jewish tribe, the Jews of banü Qurayzah:
from
down
did
God
them
Book
take
them
People
the
who aided
And those of the
of
hearts.
(33:
26)
into
their
terror
their strongholds and cast
Islamic
in
fifth
the
took
the
to
of
incident
this
year
that
place
The
verse refers
296 In brief, the battle of band Qurayza occurred after they broke their
calendar.
him.
Accordingly,
incited
Muhammad
tribes
Prophet
other
against
and
covenant with
Aus
judge
from
They
for
tribe
the
besieged
with
of
chose
a
about one month.
they were
his
baniz
Qurayza
had
they
that
obey
would
affirmed
an alliance and
which they
judgment. Sa`d b. Mu`ädh, the judge, gave an order that the battalion of men should be
297
be
killed and the rest of the people should taken as captives of war.
1.8.11 Befriending the People of the Book
A debatable issue that the following verses touch upon is taking Jews and Christians
lights
following
issue:
The
friends.
this
verse
will
shed
more
on
as
O ye who believe! Take not the Jews and the Christians for your friends and
friends
but
he
They
And
to
and
are
protectors
amongst you
each
other.
protectors:
that turns to them (for friendship) is of them. (5: 51)
The verse conveys a decisive order to Muslims that they should not have Jews and
Christians as awleyä (protectors) or take them for patrons.
295AI TabarT, op. cit., 12:27.
296Ibn Ishäq,`Abd al-Malik b. Hishäm.Sirat al-Nabi. Cairo: Matba`at HijZT, 1973,3:246
297Al-WagidT,
op. cit., p..299.
93
its
is
loyal
to
The causeof this prohibition is, in line with the verse, that every group
them
Muslim
take
if
to
as
that
was
a
The
same verse emphasises
own members.
however,
judgment,
This
Islam.
in
to
be
like
their
he
them
enmity
would
protectors,
hostility
declare
but
those
who
only applies to
does not include all Jews and Christians
Jews
the
have
is
treaties
with
to
Muhammad
Prophet
concluded
Islam.
reported
against
banü
298
b.
`Ubädah
that
Ishäq
through
when
Ibn
al-sämit
Median.
narrates
of
hypocrites,
head
b.
Ubay,
Allah
`Abd
the
the
Muslims,
remained
fought
of
Qaynugä'
faithful to them. `Ubädah b. al-sämit came to Prophet Muhammad and renounced their
did
Ibn
Ubay.
The
`Awf
banü
tribe
the
revealed
was
verse
One
as
same
of
ally.
following
299
this incident.
in
Muslims
that
the
the
should not seek
that
verse
means
Al-Räzi states
command
his
illustrate
for
To
Christians'
them.
opinion
show
affection
Jews and
assistancenor
Müsä
Caliph
Abü
between
`Umar
I
the
al-Ash'ari
second
and
he reports a conflict
for
latter
in
Iraq)
Basra
the
the
tried
to
reason
('Umar's governor of
where
explain
he
but
Müsä
`Umar
before
Abü
Christian
this
as a secretary.
recited
verse
employing a
be
It
him
is
is
"300
his
"To
`Umar,
to
must
religion and me my secretarial skill.
said to
does
however,
key
to
this
qualified
not
preclude
assigning
positions
mentioned
individuals from the Jews and Christians when warranted. This is demonstrated at the
time of the prophet Muhammad, and in the Islamic governments that followed after
him. Similarly, the samejudgment is sanctioned in another place:
O ye who believe! take not for friends and protectors those who take your religion
for a mockery or sport,- whether among those who received the Scripture before you,
or among those who reject Faith. Say: "0 people of the Book! Do ye disapprove of
believe
for
in God, and the revelation that hath come
than
that
other
reason
we
no
us
to us and that which came before (us), and (perhaps) that most of you are rebellious
and disobedient? (5: 57,59).
298Rida, op. cit, 6:253.
299Al-SyüCT,op. cit., 2: 515
.
300Al-Räzi, op. cit., 12:15.
94
Although the previousversereferredto Jewsand Christians,the one under discussion
here refers to unbelievers who mock Islam whether they were from the People of the
Book or otherwise. In addition, the second verse shows what parts of Islam they
derided. They ridiculed Muslims while they were praying. The verse assertsthat they
have no reasoning because such acts could only come from people who are weak301 Ibn `Abbäs narrates that Rif 'ah b. Zayd
al-Täbü and Sowayd b. al-I rith,
minded.
two Jewish men, supported Islam in public but hid hypocrisy and they had good
302
The
last
Muslim
ironically
man.
a
verse
with
addressesthe Peopleof the
relations
Book and wonders why should they hate Muslim believers? Is it because Muslims
believe in God and what was revealed to Muhammad and previous prophets?
Ibn `Abbäs narratesthat some Jews came to Prophet Muhammad and askedhim
003
in.
believes
he
He
believe
"I
in
God,
When he
said:
what
what was revealed to me.
Jesus
they renounced his prophethood and said: "We do not believe those
mentioned
him.
"304
believe
When
commenting on the cause of revelation, Rida, says that the
who
verse particularly refers to both the above-mentioned people and every malcontent
305
Muslims.
The Qur'än, however, does not prohibit Muslims from
even among
friends
among Jews or Christians. On the contrary it encouragesestablishing
making
good relations with them. The general application of this Qur'änic verse involves all
non-Muslims.
1.8.12 The Children of Israel (Banü IsWil)
A brief introduction and analysisof this subjecthas beendealt with in the Meccan
period. Now I will choose an example of the Medinan period:
301Al-ShawkanT,
op. cit., 2: 67.
302AI-Syü i', 2:521.
303(See 2: 136)
304Ibid.
305Rida, op. cit., 6:369
.
95
Those to whom We have sent the Book study it as it should be studied: They are the
ones that believe therein: Those who reject faith therein, - the loss is their own.
(2: 121)
According to al-Tabar the verse refers to righteous scholars among band Isrä'il who
,
306
Qur'dnic
from
did
This
Torah
their
the
and
change
words
right
places.
not
read
does
divine
however,
the
three
merely
recommend
any
of
scriptures to
not
reference,
be read without contemplating their words or understanding their meaning; rather, it
its
injunctions.
The
their
them,
to
to
secrets,
understand
and
act
read
according
means
ignore
books
the
teachings
those
these
threatens
who
of
and change their
verse
losers
in
be
Hereafter.
the
they
will
meaning;
1.9 Meccan or Medinan?
The questions which should be posed now are what is the difference between the
Meccan and Medinan revelations with regard to the People of the Book? What does
this difference show and indicate to us? It is important to show why should the
Qur'änic verses are divided into these two sections? In brief, the reasons for this
division are:
1. To understandthe abrogating and abrogatedverses (al-Näsik wa-al-Mansükh).
2. To understandthe different stagesof the Islamic legislation evolution
3. To understandhow the place of revelationwould help to give the accurateexegesis
307
of suchverse.
There is a slight change in the attitude towards the People of the Book. The Meccan
verses in general talk about issues that set out the basic belief system of Islam.
Parrinder suggests that verses in the Medinan period are directed towards Christians
308
in
Meccan
than
the
more
period.
306AI-Tabarº,op. cit., 1: 566.
307Al-ushayger,
op. cit., pp.206,207.
308Parrinder, Geoffrey. Jesus in
the Qur'än. London: Faber and Faber, 1965, p. 18.
96
Furthermore, Rahman states "In Medina, the terms "sectarians" and "partisans" are
dropped, and Jews and Christians are recognized as "communities", although, of
309
Hartwig
the
Islam".
be
invited
to
same opinion,
to
shares
they
continue
course,
in
Mecca
the
"whilst
the
teachings
church exclusively,
affected
promulgated
stating:
310
"
devoted
the
the
Medinan
to
the
state.
organisation
of
were
verses
many of
Al-Hadäd argues that there was no disagreementbetween Prophet Muhammad and
the People of the Book within the Meccan period; on the contrary, he asked them about
31
1
had
knowledge.
he
Furthermore, Rahman states: In
no previous
things of which
Medina, the terms "sectarians" and "partisans" are dropped, and Jews and Christians
"communities"
be
invited
to
they
to
as
although,
of
course,
continue
are recognized
312
Islam". In his commenton the differencebetweenthe Meccanand Medinansürahs,
Boullata says: "these suras present the analyst with a more expository and excursive
discourseand feature a greaterabundanceof parentheticalpassagesand a looser and
s313 Zebiri refers to this
more ambiguousstructure than their Meccan counterparts.
issue and states:
Taking into account the chronological order of the revelations, some have detected a
progressive hardening of attitude towards non-Muslims, reflecting first the
deteriorating relations between the Muslims and Jews in Medina and later the
314
Byzantine
Christians.
the
military conflict with
One feature that distinguishes the Meccan from the Medinan verses, as Gätje
is
maintains, that no laws had beenenactedduring the Meccanperiod. The position of
the Prophet,asNöldeke states,in Madinahwas entirely different from that of Makkah.
309Rahman,op. cit., p. 105.
310Hirschfeld, Hartwig. New
researches into the composition and exegesisof the Qoran. London:
Royal Asiatic Society, 1962, P. 102.
31W-Fiadad, op. cit., 165.
p.
312Rahman, op. cit., 105
313Boullata, Issa J. Literary
structures of religious meaning in the Qur'än. Richmond: Curzon, 2000,
26.
14 Zebiri, Kate. Relations between Muslims
and non-Muslims in the thought of Western-educated
Muslim intellectuals. Islam and Christian-Muslim
relations 1995,6 (2), pp.255-278, p. 256
97
In the former,he was the leaderof a powerful party and graduallybecamethe ruler of
Arabia, in the latter he was only a preacher of a small congregation. This difference,
315
between
difference
the
Sells
in
Nöldeke,
Qur'än.
the
to
the
shows
appears
according
two periods and states:
"The suras from the Meccan period focus on existential and personal issues. The
Muhammad's
Medinan
from
the
period
reflects
new position as a political,
suras
leader
and
military
and so address a wide range of social
social,
economic,
316
legal
issues".
historical, and
Commenting on the Meccan and Median sürahs Dashti states:
The beauty and melody of the Meccan suras, so reminiscent of the preaching of Isaiah and
Jeremiah and evocative of the fervour of a visionary should, seldom reappear in the
Medinan suras, where the poetic and musical tone trends to be licensed and placed by the
1
peremptory note of rules and regulations.
Meccan sürahs address moral corruption, include stories about the prophets, and
include
in
Medinan
Medinan
words
never
seen
sürahs.
sürahs, on the
sometimes
longer,
hand,
law,
including
the
are
often
those of
address
questions
of
other
inheritance,
deal
and
and
sometimes
with the subject of warfare. It could be
marriage
discover
the
that
to
the true order of the chapters, and whether
one
of
ways
argued
they are Meccan or Medinan, is to examine the content of the chapters and to
compare them with the circumstances and social reality before and after the
is
Such
a
method effective in certain cases.
migration.
315Ibn Warraq. The
origins of the Qur'an. New York: PrometheusBooks, 1998, p.49.
316Sells,Michael. Approaching the Qur'än, Ashland,
Oregon : White Cloud Press, 1999.p. 14
317Dashti, `Ali. Twenty-three
years, a study of the prophetic career of Muhamad.Trans. F.R.C. Bagley,
London: pp. 81-82
98
People of the Book in the hadith
Chapter Two
Chapter Two: People of the Book in the hadith
2.1 Introduction
The previous chapter tackled the Qur'änic verses that discuss the People of the
Book and I mentioned the different references about this issue. The chapter
demonstrated that on the one hand, the Qur'än takes a tolerant attitude towards the
Peopleof the Book in someverseswhich complementthem andmakethem eligible for
the samerights asMuslims; on the otherhand,it condemnsthem and makesdistinction
betweenthe two parties.To give more illustration of how the Peopleof the Book are
/hadith.
be
focus
in
Islam,
the
on
will now
presented
Of the main sourcesof Islamic Shari`ah,hadith occupiesa place secondonly to the
Qur'än. It is, therefore, not surprising to note that the hadith debate is not new.
Towardsthe endof the 20thcenturythe studyof hadith hasmadeconsiderableprogress
increasing
in
both
Muslim and Westernworlds. This is due to
attention
and received
the discovery of new sources and developments in the field of methodology. Many
fiadith
have
manuscripts
seen the light of day for the first time. Some of the
early
have
been
hadith
by
works
edited
renowned
published
scholars and published afresh.
The chapter under discussion will tackle another Islamic source that deals with the
Peopleof the Book, the traditions of ProphetMuhammad.The chapterwill pay great
attentionto the miscellaneoustraditions that outline the prophetic attitude towardsthe
Peopleof the Book. The aim of this chapteris to investigatethesedifferent prophetic
traditions(ahädith)that touch upon this theme.
2.2 The definition and meaning of sunnah
Before explaining the implications of the word hadith, it is
necessaryto define the
meaning of the word sunnah as it appearsin different Muslim and non-Muslim
99
People of the Book in the hadith
Chapter Two
it
is
the
to
to
word
this
The
the
compare
word
of
meaning
aim of showing
writings.
hadith and show the difference between them. The general meaning of this word in
1
`ah).
Arabic is road or way and it stands as an antonym to the word innovation (bid
Literally, it refers to the "custom" of Prophet Muhammad, that is, his words, habits,
form
literary
by
in
the
Muslims
the
of
and
preserved
acts and gesturesas remembered
fiadith reports.
In addition, it meansthe religious way that people should follow. From the juristic
his
behaviour
Prophet
Muhammad
it
the
to
the
of
and
practices of
point of view, refers
it
lexicographers,
his
According
followed
Arabic
to
some
example?
companions who
is
life.
It
a
manner
of
mode,
and
of
acting
a
conduct
way,
a
course,
a
a
or
rule,
means a
line
life,
in
the
of
rule,
a
mode
sense
of
an
established
course
of
and
a
of conduct.
used
The word sunnah,accordingto Karnali, occurs in the Qur'an 23 times and in all
it
literally
It
the
meaning
of
or
communication.
narration
carries
means:
cases,
A clear path or a beaten track but it has also been used to imply normative practice or
be
It
course
conduct.
may
a good example or a bad, and it may be
of
an established
5
individual,
by
a sect or a community.
set an
The technical senseof the word also has other meanings.It denotesany saying,
Prophet
MuhammadBesides,the definition doesnot
or
attribute
approval,
of
action,
only mean the sayingsand practicesof Prophet Muhammad but extendsto involve
even the practicesof the early pious Muslims. Juynboll states,"The term came to
standardthe generally approved standardor practice of the introduced by Prophet
1Al-BustänT,Butrus, Muhic al-Muhtet, Beirut:
publisher and date are not mentioned, 2: 1013.
2 Al-Sarkhasi, AbO Bakr Muhammad b. Al
mad. 'Uül al-Sarakhsi, Beirut: Dar al-Kutub al-'Ilmiyyah,
1993,1:113.
3 Azami, Mohammad Mustafa, The history
of the Qur'änic text : from revelation to compilation ;a
comparative study with the Old and New Testaments,Leicester: UK Islamic Academy, 2003, p.3.
° Kamali, Mohammad Hashim. Principles
of Islamic jurisprudence. 1991, Cambridge : Islamic Texts
Society, p. 46.
5Ibid, 44.
100
People of the Book in the hadith
Chester Two
Hassan
"'
In
days.
the
Muslims
Muhammad as well as the pious
same regard,
of old
Sunnah
the
the
that
companions was
of
the
the
adds
and
word
same meaning of
affirms
/7adith
from
it
is
different
and
Al-Sälih
based on their personal opinions.
argues that
If
followed.
Muhammad
Prophet
hafith.
It
that
is
the
"it
way
means
not equal to
states:
hadith refers to his sayings, sunnah mainly deals with his practises and deedsand both
lhadith
"8
to
other.
support
each
are
and
sunnah
It may clarify the ambiguities of the Qur'än, expand on what is given in brief, and
its
is
interprets
is
It
Qur'än
therein.
to
the
subservient
and
specify what unconditional
indispensable;
Muslim
Islam
Both
are
a
cannot
without
sources
practice
rulings .9
details
The
formal
both
them.
the
of
acts
of
of
worship such as prayer, alms
consulting
by
The
Sunnah.
fasting,
the
pilgrimage
and
were
all
expounded
and
explained
giving,
directions and the practices of Prophet Muhammad constitute the guidelines for many
Muslims. Sunnah has an interplay relation with the Qur'an.
Kamali argues that it describes the functions of Prophet Muhammad. He further
comments:
It is closely linked with the Qur'an and it is, therefore, rather difficult to
maintain that these are two separatesources. The use of the term Sunni was
Sunni
Prophet
Muhammad but was used to imply the
to
the
restricted
of
not
10
the
community and precedent of the companions.
practice of
" While
Yet, Dutton mentions that it is the embodimentof the Qur'än's message.
he
Mälik
is
"it
to
the normativepatternof life establishedby
al-Imam
states:
referring
the Prophet,put into practiceby the companionsandthen inheritedas a'mal (deeds)by
6 Juynboll, G.H. A. The
encyclopaedia of Islam, Vol. 9, new edition, Leiden: E.J.Brill, 1997, p. 878
7 Hassan,Ahmad. The
early development of Islamic jurisprudence. Islamabad : Islamic Research
Institute, 1970, p. 86.
8 AI-Salih, SubhT. Ulüm
al-Hadith wa mustalahih. Beirut: Dar al= Ilm li al-Malayin, 1959, p.6.
9Alwaye, Mohaiaddin. Majalat al-Azhar, Majma`
al-Buhüth al-Islämiyyah, Cairo, 1974:111,3.
1°.Kamali, op. cit., pp.45-48.
11Dutton, Yasin The
Islamic law. Richmond : Curzon, 1999, p. 163.
origins
of
.
101
4%
People of the Book in the /hafiith
Chapter Two
12
I
Now
his
"
down
time.
to
will
own
the successors
and the successorsof successors
"AlComments:
Schacht.
Joseph
Western
attitudes on the meaning of sunnah.
explain
13
"
Shafi`i was the first lawyer to define sunnah as the model behaviour of the Prophet.
He adds that it representsthe model behaviour of Prophet Muhammad and it means
14
denote
The
traditional
the
to
than
meaning
could
extend
precedent.
nothing more
footing
living
from
tradition
their
the
on
with customary
an
equal
community
usageof
'5
or generally agreedpractice.
Brown gives a fuller illustration to the meaningand states"the term sunnahrefers
to the authoritativeexample set by Muhammadand recorded in traditions (hadith;
his
his
his
actions,
acquiescenceto the words or actions of
words,
about
akhbär)
16
definition
however,
his
"
The
differs
characteristics.
personal
and
of
sunnah,
others,
dependingon an area of shari'a. For example,a scholar in the area of fundamental
define
by
Prophet
Muhammad.
to
as
would
sunnah
according
what
reported
principles
An exampleis the hadith, which says,"The rewardof deedsdependson intentions"17
This hadith seems to have dealt with different regulations in different contexts.
Furthermore, in agreement with one of the prophetic traditions, this word can refer to
18
bad.
Finally,
Bannermanshowsthe function of sunnahwhen he
or
good
something
maintains:
The function of the sunna appears to be based in the promise that the Qur'an concentrates
broad
down
lying
principles and guidelines and the sunna representsan exampler of the
on
19
in
be
into
the
quranic principles should
manner which
put
practice.
12Ibid, 168.
13 Schacht,Joseph. The origins of Muhammadan jurisprudence. Oxford Clarendon Press, 1950, 2.
:
p.
14Ibid, 58.
1$Ibid.
16Brown, Daniel. Rethinking tradition in
modern Islamic though. Cambridge: Cambridge University
Press,1996, p. 6.
17Al-BukhärT, bäb bad'
al-Wafry, No. 1, Harf Encyclopaedias of Hadith version. 1. Cairo, 2001.
18Muslim, bäb al-71m, op.
cit., No. 4830.
19Bannerman,Patrick. Islam in
perspective: a guide to Islamic society, politics and law. London:
Routledge, 1988, p.34.
102
People of the Book in the hadith
Chapter Two
2.3 The place of sunnah in Islamic law
Undoubtedly, sunnah holds a supreme status among the Sunni Muslim group where
it representsthe second source of Islamic law next to the Qur'an. The attitudes of the
be
is
believed
fact.
the
Al-Imam
to
law
this
Muslim
Sunni
al-Shäfi`i
support
schools of
first one to write about sunnah in his famous work al-Risälah (the message). He
full
in
is
in
be
found
Qur'än,
it
is
if
the
to
agreement
that
always
sunnah
maintains
is
incumbent
Prophet
to
them
to
the
text;
the
accept
obligation
obey
otherwise,
with
2°
Muhammad The Imämite Shi'ite Muslims consider sunnah holds the secondposition
in legislation after the Qur'an21 Furthermore, they refer their juristic injunction to
Prophet Muhammad. Anyone who traces the frgh22 of Imämite Shi'ites, will find them
juristic
injunctions
Muhammad
Prophet
to
the
the
their
through
avenue
of
all
referring
23
There are several verses in the Qur'än, which prove that sunnah
Imams.
Twelve
24
Islamic
Examples
the
the
the
of
principles
of
second
source
religion.
of the
provides
verses:
"If ye differ in anything among yourselves refer it to Allah and His messenger,if ye
do believe in Allah and the last Day" (4: 59),
"So take what the messenger assigns to you, and deny yourselves that which he
from
(59:
7)
you"
withholds
It should be noted that sunnah on the one hand either complements the Qur'än or
interprets its verses and, on the other hand has a dependentnature when it enact its own
laws.
20Khadduri, op. cit., p. 196.
21Subhanf, op. cit., p. 177.
22 "Figh was used originally to mean the independent
use of the intellect as a means of acquire
Knowledge. It had come to denote the accurate knowledge of definite things such as the Koran and
Tafsir, and had come to denote the accurate knowledge of legal decisions handed down by Prophet
Muhammad and his companions." Turner, Colin. Islam without Allah? The rise of religious
externalism
in Safavid Iran. Surrey: Curzon Press,200, p.25.
23 Al-SamawT, M., The Shia
are (the real) ahl al-Sunnah, (on line) Available from: http://AIislam.or /g
rte, accessed: 29th June 2005.
24Alwaye, op.cit., 1.
p.
103
People of the Book in the hadith
Chapter Two
Sunnah occupies an important position in Islamic law and comes after the Qur'än.
Karnali comments that:
To the 'ulema(scholars) of usül al-Fiqh say that sunnah refer to a source of the
is
Muhammad
Prophet
The
Qur'An.
a
legal
to
the
Shari'a and a
sunnah of
proof next
Muslims
to
its
the
Qur'an,
to
for
testifies
(hujjah)
enjoins
the
and
authority
proof
25
it.
comply with
Muslims,
is
incumbent
that
the
Qur'än
all
The
on
authority of sunnah
explicitly affirms
26
however the word sunnah is not mentioned. Brown argues: "it certainly gives Prophet
Muhammad special status and authority among Muslims by the oft-repeated command
27
,
to obey God and His Prophet. Goldziher maintains that the embodiment of the views
interpretation
the
Islamic
the
as
most
authoritative
of
works
the
community
oldest
of
Qur'än28.Finally, Aghnides affirms that it served as a standard as much as the Qur'än
29
itself.
2.4 The definition of hadith
It is importantto show the significanceand meaningof the word hadith30(tradition)
itself in Muslim terminology. Other words are also used in the same sensesuch as
31
(trace).
The a/hädith are reports on the sunnah. The role of
khabar (news) and athar
hadith is to focus on what is mentioned in the Qur'än, and to interpret and explain it.
The term hadith deservesour attention at this point in the discussion on the prophetic
2$Kamali,op. cit., pp.46-48.
26Ramadan,Said Islamic law, its scope and equity. London; Geneva:P. R. Macmillan: London,
.
Geneva,1961,p.,44.
27Brown, op. cit, p. 8.
28Goldziher, Ignac. Introduction to Islamic theology
and law. Princeton: Princeton University Press,
1981, p.38.
29 Aghnides, Nicolas Prodromou Mohammedan theories
of finance: with an introduction to
Mohammedan law, and a bibliography. Lahore: Premier Book House, 1961, p.35.
30This word stands for what was transmitted
on the authority of the Prophet, his deeds, sayings, tacit
approval or description of his features meaning his physical appearance. However, the physical
appearance of Prophet Muhammad is not included in the definition used by the jurists. Azami,
Mohammad Mustafa. Studies in hadith literature Indianapolis: American Trust Publications, 1978, p. 3.
31Most scholars use these three terms: /aadith, khabar,
and athar as synonyms. Some others used the
Khabar in the senseof liadith and the term athar restricted to
sayings and decisions of the Prophet. Ibid .
104
People of the Book in the /7adith
Chapter Two
different
Book.
According
People
to
towards
the
the
point of views, this
attitude
of
term, has more than one meaning. The word lladith means a speech, a saying, or a
deed
it
law,
denotes
In
Islamic
talking.
or utterance of
a narrative concerning a
small
Prophet Muhammad, which was reported by some of his companions. The word could
be extended to include hadith qudsi (holy hadith), the meaning of which is from Allah
but the words are from Prophet Muhammad, and the hadith nabawT(prophetic hadith)
the wordsandmeaningof which arefrom ProphetMuhammad.
Literally, hadith signifies something new or it means news. In the Muslim
terminology, it means what was reported from Prophet Muhammad whether it was a
32
Azami
report
or
characteristics.
action,
gives another explanation to the word
saying,
hadith andstates:
The word according to muhaddithin stands for what was transmitted on the authority
of the Prophet, his deeds, sayings, tacit approval, or description of his ciTt meaning
his physical appearance. However, physical appearance is not included in the
definition used by jurists. 33
Yet, Häshim argues that hadith could be something that Prophet Muhammad said or
his
to
physical characteristics.He further maintainsthat this definition would
relates
involve what he did before or after his mission.34It could also be used to denotethe
Prophet's approval of certain acts in his presence.Al-Sälih argues: "the word refers to
Prophet
Muhammad said or did or of his tacit approval of
what
of
account
an
done
in
his
said
or
"35Tritton commentsthat while traditions are
something
presence.
detailsin the shapeof Muhammad,sunnahis the habit of life, which pious Muslims try
36
to make their own.
32Am-in, Bakri Sheikh. Adab
al-Hadith al-Nabawt. Beirut: Dar al-Shurüq, 1976, pp. 9-101.
33Azami, op. cit., 3.
p.
34Häshim,al-I;lusaynT.Usül
al-//hadith al-Nabawi, Cairo: Dar al-Shurüq,1406AH, p.5.
35Al-Sälih, $ubhi. The
Islam. Vol.3, new edition,Leiden:E.J.Brill, 1997,p.23.
encyclopaedia
of
36Tritton,
A. S. Islam: belief and practices. London; New York: Hutchinson's University
Library, 1951,
105
People of the Book in the hadith
Chapter Two
Prophet
it
hadith
the
to
of
Besides,
conduct
refers
means communication and
Muhammad37 Furthermore, it involves the deeds, sayings, decisions of Prophet
38
his
Muhammad, and his silent approval of the behaviour of
companions. In addition,
fxrdith could be defined as the following:
A record of the traditions or sayings of Prophet Muhammad revered and received as
law
the
to
authority of
guidance,
second
only
moral
and
of
religious
source
a major
biography
Muhammad
be
defined
It
Islam.
the
Qur'an,
of
as
might
the
or scripture of
for
his
long
their
by
the
exemplification and
community
of
memory
perpetuated
39
obedience
The role of the Ndi-th, was to form the framework for the earliest developmentof
0
illustrates
development
In
in
Islam.
hadith
the
thought
addition,
continuous
religious
derives
its
bases
from
Qur'an.
Imämi
Holy
The
the
teachings,
the
which
moral
of
Shi'ites argue that only authentic traditions should be accepted for their
trustworthiness. Thus, Subhäni argues that: "the Imami Shi'ites make use of those
hadihs of Prophet Muhammad that have been related by trustworthy and reliable
41
in
book
be
in
Shia
Sunni.
"
the
of
or those of the
sourceswhether these sourcesto
Finally, according to Burton:
The word hadith more usually refers to a special class of narrative of
relevance to more particular religious concerns, although, even here, it will be
hadith
found
fulfils many roles and has been employed for
the
that
still
42*
numerous purposes
Broadly speaking,the science of /ladith deals primarily with the life of Prophet
Muhammad concentrating on his sayings and actions. His sayings include the
utterancesof the Qur'ä.n the meaning and phrasing of which belong to God while
fi3
38
Hussain, Jamila. Islamic law and society: an introduction. Sydney : Federation Press, 1999, p.28.
38Juynboll, Gautier H. A The
authenticity of the tradition literature: discussions in modern Egypt,
Leiden : E. J. Brill, 1969, p.5.
39J. Robson, "Hadith, " in The Encyclopaedia Islam,
of
new ed., vol. 3,1971, pp. 23-28.
40Goldziher, op.cit., 41.
p.
41 Subhäni, Ja`far. Doctrines
of Shi'i Islam: a compendium of Imami beliefs and practices. London:
I. B. Tauris in association with the Institute of Ismaili Studies, 2001, P. 176.
42Burton, John. An introduction
to Hadith, Edinburgh: Edinburgh University Press, 1994, p.30
106
People of the Book in the hadth
Chapter Two
have
Muslims
Prophet Muhammad's actions involve rule and authority, some of which
to follow.
2.5 The relation between hadith and sunnah
have
to
significance,
terms
two
close
be
the
a
It should
that
seem
while
remarked
in
between
terms
be
them
of
There
fact
different.
in
relationship
some
might
they are
from
distinct
in
but,
Muhammad
they
from
Prophet
are
reality,
transforming reports
for
became
it
is
to
for
that
assume
The
this
people
common
some
reason
one another.
Dutton's
be
According
hadith
to
to
point
synonymous.
are considered
that sunnah and
by
hadith
has
been
further
"
the
translation
of
word
exacerbated
this
confusion
of view,
idea
it
to
the
`tradition',
thus
of
closer
('verbal report') as
giving a meaning very much
is
`custom',
the
`general
in
as
same
not
the
clearly
or
which
practice'
of
sense
sunnah
3
`verbal report'. It has been stated that sunnah refers to those established customs of
by
Muslim
Muhammad
to
the
that
community
Prophet
were passed on as religion
these
their
through
of
customs.
consensus
companions
As already described, /xrdith, on the other hand, refers to a short narrative, which
describes a statement or an action or a tacit approval of Prophet Muhammad. It could
be argued that sunnah is the way or deeds of Prophet Muhammad, while hadith is a
interchangeable
The
the
two
and
when
narrations
approvals.
of
words are
collection
Hadiths
but
is
difference
between
traditions,
there
the
two.
to
the
actually,
a
referring
in
(matn)
to
their
to
their
texts
according
status,
relation
and their chain
are classified
(isnäd).
Kamali
different
that
transmitters
the
two
states
and carry
of
words are
different meanings. Hadith is the narration of the conduct of Prophet Muhammad
whereassunna is the law that is deduced from it.
41Ibid, pp. 226-227
107
hadith
in
Book
the
People of the
Chapter Two
44
that
Schacht
"sunna.
argues
the
In other words, "/hadith" is the carrier and vehicle of
but
they
only
the
identical
sunnah
Muhammad
with
are not
the traditions of Prophet
fall
together
45
have
to
and
they
that
stand
Brown
its
documentation.
maintains
provide
foundation
the
has
other.
without
no
as each
6
To Aghnides, hadith is to be
47
identical
distinguishable from sunnah although somejurists said that they are
2.6 The authenticity of hadith
is
issue
important
lhadith
is
there
much
about which
The authenticity of
an
It
Muslim
thinkers
issue
alike.
the
and non-Muslim
minds of
discussion. This
occupies
its
hadrth
different
that
look
argue
the
and
criticize
views
is worthwhile to
at
Berg
reservation,
that
some
scholars,
although
with
western
some
states
authenticity.
the
For
historical
the
and
scholars,
authenticity
other
source.
use ahädj-&as a reliable
8
debates.
heated
issues
have
liadith
date
that
the
produced
are contentious
of
origin of
hadith
is
books
that
that
the
Azami argues
were collected one
criticism
main
49
II
`Umar
hundred years after Prophet Muhammad's death, especially at the time of
hafiith,
to
the
Hamidullah, when referring
compilation of
states: "the compilation of
his
in
his
by
began
lifetime
Prophet
Muhammad
companions, this
own
the traditions of
besidesmanyofficial documentssuchastreaties,letters...andthe like."50
In a similar vein, al-Sälih showsthat the form of writing down ahädith startedin
ProphetMuhammad's lifetime. He affirms that a number of Prophet Muhammad's
it
during
his
lifetime
the
of
others
with
some
wrote
ahädith
and
companionswrote
asKarnali, op. cit., p.47.
asSchacht,op. cit., p.3
.
46Brown, op. cit., p.82.
47Aghnides, op. cit., p.36.
48Berg, Herbert. The development
of exegesisin early Islam : the authenticity of Muslim literature
from theformative period. Richmond : Curzon, 2000, p. 8
a9Azami,op, cit., p. 18.
50Hamidullah, Muhammad. Muslim
conduct of state: being a treatise on siyar. Lahore: Ashraf, 1953,
p.21.
108
People of the Book in the hadith
Chapter Two
Prophet Muhammad's permission."
Ramadän gives examples of records and
documents that had been recorded within this period.52However, criticism about the
authenticity of hadith is not mainly concerned with the meaning or the text of the
hadith. Rather,it dealswith other aspectssuchasjustice of the narrator(`adälah) and
the continuity of the chain of transmission (sanad) of the /1adith itself. Schacht
comments: "isnäd must be uninterrupted and must lead to an original eye or ear
03
be
transmitters
In a nutshell, as the
must
absolutely trustworthy.
witness and all
transmissionof hadith went on, it becameevident that the meaning of hadith was
being hijackedby many forgeries.Therefore,scholarsof hadith formulatednumerous
methodsof evaluationor conditionsby which genuineahkdith could be sifted from the
mass of forgeries. Goldziher comments:"Muslim theologianscreatedan extremely
interesting scientific discipline - that of hadith criticism- in order to sift authentic
traditionsfrom apocryphalones."54
The chain of transmissionof a fiadith (isnäd) is believedto be the first methodthat
scholars adopted to sift authentic hadith from the forged one. It should be continuous;
be
there
should
no time gap between the companion and the successoror, at
namely,
least, both should have met one another.55 The second aspect is the justice
of the
56
be
He
Muslim,
just.
should
adult,
narrator.
and
Remarkably,the Holy Qur'an has a great number of versesthat urge Muslims to
follow ProphetMuhammad and his sunnah. Accordingly, they should
adhereto the
injunctions of the authentic ahädith. Al-Imäm al-Shafi`i
assertsthat evidenceof the
hadith
authentic
could either be found in the Qur'än or the sunnahso that the tradition
51 Al-Sälih,
op. cit., p.23.
52Ramadan,
op.cit., p.48.
s' Schacht,
op. cit., p.3.
saGoldziher,
op. cit., p.39.
ssThe Harf CD-Rom
encyclopaedia of /hadith, op.cit.
56Ibid.
109
People of the Book in the hadith
Chapter Two
57
has
the strongest evidence could only be accepted. According
which
to al-Sälih,
Muslim scholars have affirmed that the sound hadith is a decisive judgment (hujjah)
58
by
its
have
In addition, the
Muslims
to abide
according to which
rulings therein.
Shi'ite Muslims have their own opinion about the authenticity of hadith providing that
be
by
inerrant
"the
Subhäni
imams.
the
traditions
that:
should
narrated
comments
such
inerrant
have
Imams
the
the
that
of
of
religion
narrations
a sound chain of transmission
by
Shi'i
the
as religious proof-text on the basis of which one must act."
considered
are
59
In contrast, some writers refuse to accept the authenticity of hadith. Firstly, as
Schacht states: "we shall not meet any legal tradition from Prophet Muhammad which
be
be
positively
considered authentic. "60He further argues: "hardly any of these
can
traditions, as matters of religious law are concerned, can be considered authentic. '61
Godziher directs another objection towards the authenticity of the hadith. He
does
"it
not serve as a document for the history of the infancy of Islam but
comments:
(served) rather as a reflection of the tendencies which appeared in the community
during the maturer stages of its development."62 Similarly, Juynboll denies the
hadith.
He maintains that the talks that took place among Prophet
existence of
Muhammad and his companions could not have resulted in what is called hadith
63
literature. The information provided in this chapter will be selected from the
most
known
hadith.
the
Nine different books of the hadTthcompilers will
collections
of
well
be presentedand they will constitute the main basis the data. They
of
are:
S' Khadduri, Majid. Islamic Jurisprudence, Shaft
7 resälah. Trans. Majid Kahadduri, Baltimore, 1961,
p. 182.
58AI-$ lih, op. cit., 291.
p.
59Subhäni, op.
cit., p. 177.
60Schacht,op. cit., 149.
p.
61Ibid, op. cit., 34.
p.
62Berg, op.
cit., p.9.
63.Juynboll,
op. cit., p. 10.
110
People of the Book in the hafiith
Chapter Two
1.Muwatta' Mälik (93-179A.H);
2. MusnadAhmad (164-241A.H);
3. Sunnan (traditions) al-Däram1(181-255 A. H);
4. Satffp (the sound book of) al-Bukhän (194-256 A. H);
5. Sahzh Muslim (206-261 A. H);
6. Sunan Ibn Mäjah (209-273 A. H);
7. Sunan AbU Dävwd (202-275 A. H);
8. Ami' (compiler)al-Termidh (200-279 A.H);
9. Sunanal-Nasä'i(215-303A.H).
The reason for selecting these nine collections of the /hadith is that they hold a unique
jurists
for
Muslim
by
their
they
among
authenticity
and
some
considered,
are
position
Muslims, as canonical books. In addition, the Harf CD-ROM Encyclopaedia of /ladith,
is one of the most important sources available. This encyclopaedia is mainly based on
the information given in these books and provides a wide search capacity. This chapter
will explore such a/urdith that touch upon the People of the Book and will divide them
into more tangible segments. The study will reveal if there is any change in Islamic
both
Jews
Christians
in
towards
the two main Islamic sources of
and
attitude
legislation, that is, Qur'an and hadith.
2.7 The range of fiadith used in this chapter
To analyze the traditions that refer to the People of the Book in the hadith literature,
have
to understand the area to which the hadith is referred. The ahädith that refer
we
to the People of the Book deal with miscellaneous topics such as ritual practices, daily
activities, beliefs, commercial transactions and political relations with Muslims. Each
of these sub-divisions will be discussedin full with commentaries on different trends.
111
Peopleof the Book in the hadlth
ChapterTwo
2.8 The prophetic attitude towards the People of the Book
It is first necessaryto explain Prophet Muhammad's attitude towards the People of
the Book in general and the Christians in particular. It is noted, as the ahndith shows,
that Prophet Muhammad agreed with some practices of the People of the Book
With
decisive
issues
there
regard to
revelation.
was no
especially some
about which
this point, Khalil states: "he used to see the example of martyrdom in the Owners of
the Ditch, he used to hail priests and was very pleasedwhen the Romans defeatedthe
Persian Empire where the Christian churches survives demolition. " 64 It should be
noted that the Muslim/non-Muslim relations, more precisely the Muslim-Christian
in
Abyssinia.
Muslims'
to
the
migration
started
one,
wake of
This event is important becauseit took place after Prophet Muhammad made his
first call to Islam. To investigatethe propheticattitudethoroughly,it is essentialto
track the changes after Prophet Muhammad's migration from Makkah to Madinah.
This migration constitutes a turning point in prophet Muhammad's life and in Muslim
identity as a whole. When he settled down at Medina, he found complete chaos as the
region was not either a real state or a leader to unite the scatteredtribes worn by tribal
enmities. Robinson lucidly explains the situation when he describes:"there was as yet
by
degree
to
of order
no questionof a statewith a supremeauthority,able enforcea
meansof public forceseta part from society." He addsthat the ideaof statesitself was
65
wholly unknown
To the same effect, Qäsim adds that Madinah, due to the state of instability
prevailing there at this time, was prepared for the emergence of a leader such as
ProphetMuhammad 66
b°Khalil, 'Emad al-Din. Deräsah ft a!
Beirut:
Dar
278-279.
1978,
al-Naqqash,
pp.
-Sirah.
65Rodinson,Maxime. Mohammed.New York: PantheonBooks, 1971, 154.
p.
66Qäsim, `Awn
al-Sharif. Diblumäsryyat Muhammad. Khartoum: Jämi`at al-Khartum,
112
1972, p. 24,.
Peopleof the Book in the hadith
ChapterTwo
Arnold agues:"There was an entire absenceof any organisedadministrative or judicial
system. Each tribe or clan formed a separate and absolutely independent body.s67
Later on, Prophet Muhammad succeededin gathering the different inhabitants into a
real community. He establisheda state where Muslims, Jews, pagan Arabs and a few
Christians, formed this state by means of a social contract. He made a fraternity
between the two main tribes in Madinah, al-Aws and al-Khazraj. There were three
Jewish tribes living near Muslims in Madinah: banü Qaynugä' banü al-Naciir, and banü
Qurayzah.There was an enmity between the Jewish tribes and al-Aws and al-Khazraj
before the two latter tribes were convertedto Islam.
2.9 The frame of references
When examining the ahadrth that touch upon the People of the Book, it is
imperative to look at the frame of references that will be used in this section.
Traditions that use the terms ahl al-Kitdb (People of the Book), ahl al-Dhimmah
(people of the Covenant), and al-Yahüd wa al-Nasärä (Jews and Christians) will be
discussed.Some of the Prophetic traditions could be found in all canonical collections
of ähädrth. Thus, such traditions will be avoided and the focus will be on the subjects
rather than the texts.
2.10 The constitution of Madinah
2.10.1 Introduction:
Before searching the traditions that deal with the People of the Book, it is essential
to consider the constitution of Madinah (mithäq al-Madinah or dustür al-Madinah) that
ProphetMuhammad concluded with the main Jewish tribes of Madinah.
67Arnold,Thomas Walker. The
preaching of Islam; a history of the propagation of the Muslim
London: Constable, 1913, p.31.
113
faith.
People of the Book in the hafiith
Chapter Two
It is the cornerstoneupon which relations among Muslims and Jews were establishedat
that time. Considering this constitution will bring to light some important points that
have not been tackled before. Foremost among which there is the authenticity of this
constitution. Is there only one original or there are more than one? How was this
formed
did
it
last?
how
long
does
it
both
Muslims
What
have
and
effect
constitution
on
and Jews? Other questions can be asked such as where does this constitution come
from? Does the hadith literature have any referenceto it? It might be appropriateto
illustration
brief
Prophet
Muhammad's
of
a
relations with the Jews of Madinah
give
beforecommencingdiscussionof the constitution.
Waardenburgarguesthat ProphetMuhammadinteraction with the Jewish tribes of
Madinah had profound consequencesfor the future development of Islam. The same
Prophet
Muhammad's experience with the Jews reinforced his
that
adds
author
68.
Prophetic self-consciousness Waardenburg adds that Prophet Muhammad had some
Jews
the
with
of Madinah and points out "when he came to Medina all the
relations
Jews made an agreement with him of which one condition as that they were not to
69
him,
be
they
for
him
him"
support any enemy against
were to
neither
nor against
Judaism was already well established in Madinah two centuries before the Prophet's
time. Jews were clients of the Arab tribes there. Different books states that the first
Islamic-Arabicsourcein which this constitutionis believedto havebeenfound is shat
Ibn Hishäm (Ibn Hishäm's biography). Later on, other Muslim historians such Ibn
as
Kathir and Ibn al-Athir also referred to this subject in their
writing on Sirat Ibn
Hishäm. Besides, some Western writers devoted
parts of their works to this issue.
There are: WM Watt, Maxime Rodinson, William Muir,
and Uri Rubin.
68 Waardenburg, Jacques, Muslim
perceptions of other religions (A historical survey), New York;
Oxford: Oxford University press, 1999,
pp. 11-12.
69Ibid.
114
People of the Book in the hadith
Chapter Two
It is relevant to analyze the different approachesthat touched upon this subject.
Firstly, it is important to give a brief view of how the constitution was concluded. I
hijrah
before
Madinah
their
Jews
by
looking
the
time
reaction
the
and
of
of
at
will start
towardsthe arrival of ProphetMuhammad.In pursuit of securingthe newly born state,
in
(known
between
Helpers
document
Immigrants
Muhammad
Prophet
and
wrote a
Arabic as al AnAr
in
he
included
which
a peaceful treaty with the
wa al-Muhäjirin)
Jewsof Madinah.He promisedthis group securitywith regardto their religion, wealth
Bulac
Madinah
is
It
that,
as
argues,
was made up of not
worth repeating
and property.
0
Jews
Arabs.
but
Thus,
Muslims
the
the constitution of
and
non-Muslim
also,
only
Madinahreflectedthe first propheticattitude.That is, the constitutionallaw of the first
Muslim state representedthe confederacyof groups of population to organize the
Muslims
Jewish
his
In
their
the
among
equals.
and
of
wake
migration to
relations
Madinah,ProphetMuhammadlaid out a basic constitution that consistedof fifty-two
Twenty-five
Muslims
to
articles
pertained
while the remaining twenty-seven
points.
believers
for
Jews.
the
of
other
especially
religions,
were
2.10.2 Background and importance
This part will deal with different views about the background and importance of the
Haykal
it
is
first
document which acknowledges the
that
the
argues
constitution.
freedom of worship and thought, the sacrednessof Madinah, property, prohibition of
injustice and crime71.Romanides states that the constitution shows the beginnings of
the Islamic state within the context of Arab and Jewish tribal structures, and is
considereda crucial stage in the history of the evolution of the Muslim community. 72
70Bular, Ali. Liberal Islam: a source book. ed. Charles Kurzman. New York Oxford University
:
Press, 1998, p. 169.
71Haykal, Muhammad Husayn. /HayätMuhammad. Cairo: Matba'at
Dar al-Kutub al-Misriyyah, 1939,
p. 227.
72Fr. JohnS. Romanides,Islamic Universalism
andthe Constitutionof Medina.(on line) available
115
People of the Book in the hadith
Chapter Two
It is truly a remarkable political-constitutional document. The constitution is
for
it
in
that
the
a pluralistic society, giving
was promulgated
sense
consideredmodem
have
the
to
their
own
to
right
as
giving
everybody
as
well
citizen,
every
rights
equal
formed
is
It
Jews
in
they
particularly
concerned
with
as
opinion governmentalmatters.
the vast majority of the populations of Madinah at the time of hijrah. Watt says that
historical books did not give much record of the direct negotiations between
73
h
before
Goddard argues neither did Prophet
the jrah
Muhammad and the Jews
Muhammadhave much communicationwith the Christians nor did the constitution
itself mention anything in this regard at the time of the hijra because Christians had no
Goddard
further
in
Madinah's
"one
difference
the
to
society.
states:
play
obvious
role
betweenthe situation confronting Muslims during the lifetime of Muhammadand the
is
himself
did
Muhammad
have
first-hand
that
not
situation
very
much
new
encounters
"74
Christians.
with
ProphetMuhammad drew up this constitution to addressthe issue of communal
forming
effectively
a tribal confederacy. The relationship was between
relations,
individual tribes and the Muslims, rather than the Jews en masse.Muslims at this time
individual
Jewish tribe, although the terms were the same for all.
with
each
were allied
Thus, when conflict arose betweenMuslims and individual tribes such as banü alNadir, there was no collective punishment of the Jews as a whole. Other writers
it
historical
document
consider an
ratherthan a formal constitution.The constitutionof
Madinahestablishesthe importanceof consentand cooperationfor governance.It is an
important political document drawn up by Prophet Muhammad. It shows his leadership
and his modern concept of composite political community.
form : http://www. aeocities.com/umaximov/romanidis htm
26`hApril 2004.
accessed
73Watt, W. M. Muhammad at Medina. Oxford: Clarendon,
1956, p. 195.
74Goddard, Hugh
history of Christian-Muslim
relations. Edinburgh: Edinburgh University Press,
.A
2000, P.34.
116
People of the Book in the hadith
Chapter Two
According to this charter, Muslims and non-Muslims are equal citizens of the Islamic
different
duties.
Communities
identical
religious orientations
with
rights and
state,with
developed
law
looks
like
it
Moreover,
than
tribal
more
enjoy religious autonomy.
Islamic discipline where the issues of defence, war, and diyyah have been distributed
be
This
this
constitution may
constitution was concluded.
among the tribes with whom
important as it is supposed to have been concluded after negotiation with three
different religious groups namely, Muslims, Jews and non-Muslim Arabs. Again, the
in
for
important
is
the
the
understanding
of
a
status
of
non-Muslims
constitution very
75
Muslim dominated society.
Muhitin states: "it recognizes that an individual may have more than one identity. It
declared the formation of the Muslim ummah, but allowed the tribal identities of those
"76
Islam.
As
the
religion
of
a result of this constitution, Muslims
accepted
who
77
develop
to
a political culture coping with some other religious groups. In
managed
it
is
both
this
Jews and Christians were to
that
with
constitution,
maintained
agreement
78
laws.
judged
In order to show the importance of this
be
according to their own
Sergent
extravagantly compares it to the Holy Qur'än. He comments: "yet
constitution,
from the historical standpoint this document is of as much interest and even importance
for the early history of Islam as the Qur'än itself s79
.
Bulac refers to the principles of this constitution and maintains that: "the principles
document
legal
framework
the
this
establish
of
of political unity and the meanings they
bestow upon the concepts of politics and power are still important today."80
Furthermore, Khadduri shows the result of this constitution and states: "This treaty
75Barakat Ahmad Sayed, Non-Muslims
and the Umma, Studies in Islam, 17, New Delhi, p. 83.
76 Muhitin, Atman. Islamic
perspective of ethnicity and nationalism, Journal of Muslim minority
affairs, 2003,23. (1) pp. 89-101.
Ibid.
78Ibid.
79Sergent.R.B. The Constitution
of Medina. The Islamic Quarterly, 1964, Vol: 8, p.4.
80Bulac, op. cit, p. 176.
117
People of the Book in the hadith
Chapter Two
composes no restriction on the Jews save their maintenance as a separate religious
Jews
Indeed
treated
larger
the
on
Muhammad's
almost
were
community.
group within
instituted
Mad
The
footing
"81
Muslims.
peaceful
also
the
nah constitution
with
equal
but
living
diverse
dispute
without
people
groups
as
one
resolution among
methods of
is
further
One
the
language,
into
that
point
or
culture.
one religion,
assimilating
People
Muhammad's
Prophet
the
toleration
towards
of
constitution gave an example
for
"Muhammad
Cohen
Thus,
Book.
states:
establishedanother precedent
of the
his
Madinah,
in
Arabs
the
the
toleration
of
compact
and
constitution
with
religious
latter.
In
"82
Medina,
Jews
to
the
the
which
granted
of
religious
autonomy
some of
importance
he
demonstrates:
Allah
Fadl
this
the
shows
of
constitution
when
addition,
The treaty was indicative of a new reality, i. e. religious tolerance built on a solid base
of both religious groups recognizing what unified them. Thus, both opted for the
forward
dialogue
the
to a mutual understanding away
was
way
ground,
where
middle
from bigotry and prejudice. 3
Iqbal describesthe documentas one "which bestowsonenessof community on
those who do not belong to the same faith but are loyal to it in the political
84Finally, Gabrieli shows the importance this
of
constitution and states:
sense".
In this document, legal and linguistic importance, the Prophet declared the population of
Medina as an entirety-believers, pagans and Jews-to be one single community, and made
between
its various elements, advising the retention of
to
regulations
regulate
an effort
certain traditional principles of the pagan era such as the collective responsibility of the
tribal group in cases of ransom or bloodshed, along with the new reality which he had
85
bring.
come to
2.10.3 Authenticity and date
The questionswhich will be posed now are: what kind of proofs support the
authenticity of this constitution? When was it concluded? It is highly important to
81Khadduri, Majid. War
and peace in the law of Islam. Baltimore: Johns Hopkins Press, 1955, p. 178.
82Cohen, Mark R. Under
crescent and cross: the Jews in the Middle Ages. Princeton, N. J.: Princeton
University Press, 1994, p. 55.
83Fadl Allah, Muhammad Husayn. Islam,
the religion of dialogue. Beirut: Dar al-Maläk, 2003, p. 118.
84Igbal, Afzal. Diplomacy in Islam:
an essay on the art of negotiations as conceived and developed by
the Prophet of Islam, Lahore: Institute of Islamic centre, 1977.
8SGabrieli,Francesco.Muhammad
and the conquestof Islam, London:WeidenfieldandNicolson, 1968,
p.65
118
People of the Book in the /7adith
Chapter Two
investigatethe authenticityand dateof this charter.Thereis controversyamongwriters
historian,
Kathir,
Ibn
date
this
a classical
constitution.
as to the
and authenticity of
found
in
Prophet
Ibn
Hishäm's
that
the
affirms
sirah
and
same
articles
quotes
Muhammad wrote a book for the immigrants and helpers which was similar to the
86Rizgalläh statesthat there are different versions of this constitution: one
constitution.
is
in
book
found
in
is
Ahmad87,
Abü
`Ubayd's
another
copy
almusnad a1-Imärn
copy
Amwäl, a copy in Ibn Uazm's well-reputedbook al-Muhallä, and finally anothercopy
88
in
found
book
Rizq
Alläh affirms research
is
al-Bayhagi's
al-Kubrä.
al-Sunnan
is
it
that
that
this
that
proofs
certify
constitution
an authentic and
was written
proves
during the lifetime of ProphetMuhammad.89Among Westernauthors,we will find the
same opinion. Rodinson argues that: "it is certainly authentic because it contains
certain conditions which run contrary to later views of the original Muslim
"90
Watt refers to the same issue and maintains: "this document has
community.
been
regarded as authentic, though it has not been always given the
generally
prominence appropriate to an authentic document of this sort."91
There is controversy regarding the date of the conclusion of the constitution. As
Watt states: "there has been some discussion, however, whether the document is to be
dated before or after the battle of Badr. Wheelhouse placed it before that battle. 2 He
adds that the articles of the constitution might have been written in different dates. Yet,
Qäsim refutes the viewpoint of Watt. He asserts that what Wellhausen says has
no
86The document was found in different classical historic books:
al-Sirah al-Nabawiyyah by Ibn
Hishäm, `uyün al-Athar by Ibn Sayyed al-Nas, and al-Bedäyah wa al-Nehayah by Ibn Kathir. Ibn
Kathr, Isma'Tl b. `Umar al-Qurash1al-Dimashq. Al-Bedäyah wa al-Nehäyah. Cairo: Matba`at Dar
alSa'Adah,1932,3: 224.
87The hadt?h to which the author refers to is
concerned with a book written among the Immigrants and
Helpers. It does not refer to Jews at all. Musnad al-Mukthirin mina
al-Sa/xibah., op. cit., No: 6610.
88Rizq Allah, Ahmad, MahdT.Al-Sirah
al-Nabawryyah fi daw' al-Masädir al-A$liyyah: diräsah
tahlilyyah, Riyadh: Markaz al-Malik Faisal li al-Buhüth wa al-Diräsät al-Islamiyyah, 1992,
p308.
89Ibid.
90Rodinson, op. cit, p. 152.
91Watt,
op. cit, p.225.
92Ibid, 226.
119
People of the Book in the hadith
Chapter Two
historical background whereas both alTaban and Ibn al-Athir assure that this treaty
93
is
Muir
Badr.
battle
that
there
in
no mention of
argues
of
took place the wake of the
Prophet
it
date
concluded
after
was
the
of this constitution and, most probably,
94
Muhammad's arrival in Madinah. Alavi explains that while some scholars agree the
95
in
hijrah
622
AD,
that
long
the
say
others
after
very
not
was
concluded
constitution
it was enactedin the first year of hijrah 622 AD.
However, Peters arguesthat it was concluded on the occasion of hajj (pilgrimage) in
621 AD. He explains "it was the formal end of the original Medina umma, the one
initiated by the agreement signed by Muhammad and the people of Medina, Muslims,
Pagans, and Jews shortly after his arrival to the oasis."96 Accordingly, it may be
days
in
Islamic
implemented
the
the
that
the
of
new
early
constitution was
suggested
has
Hijrah.
It
first
in
between
Madinah,
though
the
year
of
a
unity,
second
and
state
different
it
believed
The
have
times
together.
to
and
are
at
put
whole
of
originated
parts
text of the charter has been reproduced, word for word, by Ibn Hishäm in his book al97
Si-rah al-Nabawiyyah. This charter was initially concluded with the helpers, the
immigrants and the Jews of Madinah where Prophet Muhammad gave the latter group
98
both rights and obligations. Licker comments on this constitution and says:
"Prophet Muhammad concluded a treaty ('ähada)" with the Qaynuqa' which was
identical to this treaty with the Quay in Medina, stipulating that they refrain from
help
Muslims. This was the first of his treaty" (i. e. with
the
and
supporting
pagans
99
Jews".
the
It should be remarked that Jews did not join this constitution collectively but separate
93Qasim, op. cit, p.24.
94Muir, William, Sir. The life of Mahomet from
original sources. London: Smith, Elder, 1877, p. 178.
95 Alavi,
Hamza, English, he Constitution of Medina, (on line) Available from:
http://www. dawn.com/2001/07/20/op.htm, accessed26th January 2006.
' PetersFE Francis E. The monotheists: Jews, Christians,
and Muslims in conflict and Competition.
Princeton, N. J.; Oxford: Princeton University Press,2003,1: 115
9' Ibn Ishaq,`Abd al-Malik b. Hishäm.Sirat al-Nabi. Cairo: Matba`at 0ijäzi, 1973,2:147-150
98Ibid.
99Licker, Michael,IsraelOrientalstudies,1997,(17):31
120
People of the Book in the hadith
ChapterTwo
different groups.'°° This is apparentwhen we notice that the constitutiondoesmention
big Jewish tribes such as banü al-Nadhir, banü Qaynugä`, and band Qurayzah.101It
be
because,
Gil
is
document
but rather at
that
the
states,
constitution
as
not
one
might
least eight different agreements.102 Another reason was that these big Jewish tribes
'03
were not partners of the covenant. Furthermore, Muhibbu-Din states: "though the
Jews of Banu Quraizah, Banu al-Nadir, and Banu Qaynuqa' did not sign this covenant
(at its conclusion),they wereyet to studythe implicationsinvolved. However,they did
°4
into
like
"
Clubb saysthat this compactis like a draft
Prophet.
pacts with the
enter
between the three groups than an agreement among them. 105Barakät comments: "it
lays guidingprinciplesfor building a multi-cultural and multi-religious ummain which
the dominantgroupwill alwaysbe the Muslims."106
After a deep and thorough search,the researcherfound only one copy of this
in
books
the
constitution
of hadith. The version runs as follows:
1 li; jtJ.
S?ýr! L s: lW , 1.L,11ý,c }, eßt L; u yay ý}, Lºa..
t
L;
lac
ý;
vL,
ýll },
.3
}, }Li1
.
.?:
Ira -Ak-Btx, .3,1
ýT ýy. , ýt cJ1s
w 0,1y1 &.- vº
"U"21 ýy,, mac
C.
vc
cyr:
IL-)
Al
UA
Al
JL-I
ate.
Zi.
&A
Uj_°A
Wi11
yt&
X11
,
11011
rýý11
yr`üS
vlS'. -Jll
LSL-A
c:
Ljiil
Wl vJJ s.1%lj U
,iO.,. Jalz.J ?kv
cy.
A;16
t.aü, ýJ "r j utj- ýw cý:ý3ýºý cr. ýº crv
"IJ
Aj cý
v:
ý
-3-J
p
e+.'lr- vjj-* ?Aj 04 c:ý ý*ý3
ý csý cr'ý: cri v y4-ýº
uý'ý"'ý vý c
:A
ali cýL.
rý
-P,
ºCi,
-ljr
J?
4yß
ýaslý
,
LJsj
L, 111
l olilam'
CJ.: i
; =Lm
.
.4eiu,
efluj
Lý]I
Y
vß;.3.11
rar:
'°° Qäsim, op. cit, p.24.
101Ibid.
102Moshe Gil, the constitution of Medina, 48.
103Barakat, op. cit., p. 82
.
104Muhibbu-Din, M. A, Principles of Islamic
polity towards ahl al-Kitäb, Journal of Muslim
minority affairs, 2000,20 (1), pp. 111-127.
105Clubb, John Bagot, Sir. The life
and times of Muhammad. London: Hodder & Stoughton, 1970,
162.
106
Barakat,op. cit., p.86.
107
Abü Bakr Ahmad Ibn al-liusayn Ibn `Ali Ibn MüsAal-Bayhaqº,Sunnan,Kitäb
No.
al-Diyyät,,
16147.(On line) Available at:
121
People of the Book in the hadith
Chanter Two
2.10.4 Articles of the constitution
The full English translation of this constitution is found in Fadl Alläh's work "Islam
follows:
"
The
dialogue.
this
as
are
of
constitution
provisions
the religion of
In the name of God, the compassionate,the Merciful: This is a letter from Prophet Muhammad
for the believers and Muslims among Quraysh and Yathrib, and all those who would follow
them and take part in the Jihad with them. They are one nation (ummah) (or community) to the
decent,
in
Qurashite
Muhajereen
The
their stronghold, should coof
exclusion of other people.
fairness
in
distressed
the case among
them
the
and
with
equity,
as
among
operate and ransom
believers. (The wording of the previous sentence has been repeated for the following tribes:
Banu Sa`idah, Banu Jusham, Banu an-Najar, Banu anNabeet, Banu Aus). The believers should
helping
in
in
debt,
heavily
them
ransom or
without
out equitably
not abandon any person,
blood money. A believer should not make alliance with the servant of another believer without
his knowledge. The devout believer should come together against him who transgress or seeks
be
injustice
do
to,
or
aggressive against any among them, they
to oppress,
sow corruption
if
it
be
An
join
hands
their
transgressor,
the
even
one
unbeliever
of
offspring.
against
should
is
least
believer.
God's
be
the
covenant
one;
of
a
protection
supported against
should not
believers
The
be
than
should
united
more
so
sanctuary.
of
given
people
should
significant
others.
[It has also been agreed] that who joins us from the servants of the Jews, they should qualify
for our support and be treated as one of us; they should neither be oppressed, nor ganged up
believer
in
Allah,
In
the
should not, separately, seek peace with an
a
cause
of
war
against. .
believers
justice
fairness.
in
The
the
can
except
with
and
replace
one
another
unbeliever,
bloodletting that has befallen them in the cause of Allah. The devout among the believers are
the best guided and are on the right path. A polytheist should not withhold money due to a
Qurashite, nor a soul; he should not hold it from a believer. . Whoever caused the blood of a
believer to be spilled with proof, he would be held responsible, until he comes to agreement
believers
kin
the
the
the
should take a position against him.
all
next
of
of
slain person;
with
[It has also been agreed]that it is not permissible for any believer who testified to this covenant
judgment
in
last
initiator
believed
Allah
Day
to
the
support
and
of
any
of evil or mischief
and
him.
him
be
He
should
who
supports
shelter
with
mindful that Allah's curse shall
nor shelter
he
him
be
Day
Judgment;
bartered
till
the
would
not
of
with
or compassion accepted
abide
from him. Whatever you disagree on, you have to seek to settle it by having recourse to Allah,
the Most High and Mohammad.
That Jews and Muslims are to finance the war, so long as they are being fought. That the Jews
like
believers.
Banu
`Awf
The Jews have their religion and the
the
are
a
community
among
Muslims theirs, masters and slaves alike. The expecting being those who transgressed or
have
They
themselves to blame. The Jews of Bani an-Najjar have the same rights as the
sinned.
Jews of Banu Awf. [The last sentencehad been repeated so as to mention the Jews from some
i.
tribes
e. Banu Sa'idah, Banu Josham, Banu Aws, Banu Tha'labah] Those who relate to
other
Tha'labah should receive the same treatment as members of Tha'labah themselves. That which
Banu Awf have right to, should be equally given to Banu Shutaibah. Doing good deeds is
highly recommended to the exclusion of doing evil. The servants of Tha'labah should receive
the same treatment as their masters. Those in the fold of the Jews are to receive the same
treatment accorded to the Jews themselves. That no one of them should go out, except with the
That
Mohammad.
no a single should be inflicted in revenge. That whoever does
of
permission
harm himself, he should have himself to blame, except those who were done injustice. God is
capable of mending this.
That the Muslims should provide sustenancefor themselves, so would the Jews. They should
stand united against him who wages war against the signatories of this treaty. They should give
join
to
another
and
what is good, to the exclusion of what is evil. No one
good counsel one
http://www. alwarag.netlindex4. htm?c=http: //www alwaraq net/CorelLibraryisp&:
m=http: //www alwara
g.net/Core/warag/subjecttoc, accessed21-09-06
122
People of the Book in the /7adTth
ChapterTwo
should be made to suffer for a crime his ally has committed. Help and support should be given
to the one who is wronged.
That, the Jews should finance the war effort so long as they are being fought. Yathrib is a
sanctuary for the signatories of this treaty. That, neighbours are on a par with oneself, without
individual
be
That
the
the
privacy
of
should
respected.
prejudice.
That, should there by any quarrel or discord, those potential danger could be great, should be
referred to Allah, the most High and Mohammad, the messenger of Allah. Allah is with the
most parties of this treaty and the good among them. That no haven should be given to
Quraysh and their allies. [The signatories of this treaty] should help each other if Yathrib came
be
they
should
called to make peace. They should respond in kin. Should this
attack;
under
happen, they should have the same responsibilities as the believers, except those who fought
for the faith, for each party their own share with their counterparts. The Jews of Aws and their
have
the same rights and responsibilities of the signatories of this treaty of that
shall
slaves
which is purely fair. Ibn Hisham then said:
Fairness is more praiseworthy compared to evil doing. Whichever bad deeds committed by any
person they have themselves to blame. Allah with those signatories of this treaty who are most
intentioned
and the most just.
well
This treaty should not be viewed as providing protection for those who transgress or do evil.
Residents of Medina should feel secure,whether they remain within its boundaries or go out of
it, except the transgressorsand mischief doers.los
The full Arabic version of this constitution is found in kitäb al Amwäl of Abi!
`Ubayd al-Qäsim which runs as follows
Al
JJ.
C.
%, ,
)V III .ý.. C,.yýs11I:A" ýts3I 141ý.a (LMJk1i
A' J rýý ui
cA-
1,Jv .ui Lt4.;,
i
%l..
L-Ill
a,
sa-lj
3
1Ai.!
vj-l
L,
Ljý
ýl
)Alaj
11
$.
e+31
a:.
rd".
Q+ü,
u_l'u
&I
J.
t.
ey4
L.
?
L}al;
(ý-j
,
!
cswc
L,
13
11 4e j jU L"j
i,
L
I
JV
cLu
,
:
,
)
- utA csw Y4-JIB
csIm }: C:
_.
1a.,
L%4,
Al
v°l. --°IIj
-'sJl cx? lIi
X11.0 y,
P JU,
eA, rg:,
Il
ý's.
ý "cý:
ý.
? ý,3I ! ý..ý, yýIL, lý;, lz ßaä; ßi4
c?:,
"J
--jr-oe
,17 Js, VIP
14.
-Ar
JS,
,
I;
?. -
tu
vI
e4
cjjsiu: º:+
yº
ß,,,
s11,
td
li
2
U3
u,
Js,
;
om..
k,
y. ollý
01
c
LJZ
VIPI
l
ällý `ij r. ýI4 t4
yl
vv
?j"v:
It rd ;,. ,t1ý Js,
qt
u; sill I ! 'i !; -. J Jl c?:?L-Ml.! -! r"-4 44! Lpr re3. ýs,U2 Js,
1ý..,ölli ýýr
4yt
i"
äýdlý
Jj
3ý1
?
cr'J&,
cý:,
c
cij'J
jj
ycl
"1j
4411Z.
r+
LJ
Cr:,
--i,
rsr3
rýl
yýll?
"
Li. ol.
_)L--al3J1
viJ "J"= il ol.v
LISV
1ý-3Y
CriJ +x'15ý'
ck
r+.L-i II, its _1j A..ý
yý'ýI
Li,
l Al
lj"I! .3j4l
Cy. lüai
J.ý;
Y! , Al Jý,
--Wýr+
Ua
tij
'..
v-i
C &=l
"uij .
"c4
ij
A;
4j
v vl, i, ý, Scu-) l`
lw.. V, vtü,
e4:,Cl,,
l`
ý.;, c
1.,, ý
4;,
SýLý
ýsl`
ý'i ors"
'-! J_Y-D-
-.r: -3
zt,aI.,.
01.
LlY
I
ý; ýi X11;
%AlI
LiiWl
A-
Y, vºj &: .p
l""°
Y,
vii
oll
'Iý
r°
"tý; .
cru rll:- .
jj
4
JS vi,
ý`
";
dl rý ý.
"Jý,
YI
s
vi
ý,
"ulsýlº; ýy.3. l ,cl v, tiij C>s
4ý:ý-1yj uL YL. Jy; 1; y
c1:ýäll ý cr-ýh
c
u ý,
J A. ýºI
A4 vAlj
td
Jj
its
Jr.
; Ldl .w
tawi-3ý1
A
uiý
-o
ýr
-,
'08Fadl Allah, op. cit., pp.119-121
123
People of the Book in the hadith
ChanterTwo
IV
,y,.
, oIýL_. X5.3 ýJI 'týy. Y! OW
.cJ'
ä11ýý, I ýs.ýýý . LI ý:ý1 "ýslcaU elýlýi . ý, ai
ý;
" ýj;
4,,
J,
l
Al
1!,
J.
3,1
Lý-,
lc
jli
,;
vi,
"Aýv, _. ; -3.
1I
,:
re.
*A
. .
())
(.
.
jj
iJ
ýI
v
sZ +Jj41
r41 rv
-3ý1 ýýý ýja+U "
"v rJlI. °
Yj ý..i,. a ";. c1 ;YA;
Jj ýý
rig
JAtj'
J
Y!
11s
44
J=- ý+ýºýº
(j
ýý;
ý1'ºIº
ý:
+
,.
.
,
csý''
lL.
4
a.
vtJ'ý.
vij
3j,.
ý
vii
ca. &-=A.'j-4 . st
'31+:
Ji
'I.Wý c
csý?
.3_4.41L
t
v
V',
YI
YI
i-sa
i,,
Y
YI
&A
A....
1j+4L.
Y3
A:,
k..
,
-t
c
viler
"ný;,
'Jail
cWJ
r.
j
.
.
.
.;,.
ý3IIi`II
Al
.,
ý. oi11> aý. dJl ý.}iv
1!eyot aUe.5Lj
jt J
alssa. dl
"C)Ae;,
jAi
1f
e
ul(:.
a A
ee
&SIA 11
j
--D
jJ
ý.
Z4 .,. all eýa Lj4
uj A+
Al
l oý. o
4; y ;: º,soll vt
tjY.
JI
IJ
I
ICI
L%
ddl
itUt+I "!;
Cjtj
14Z..
3j41
-4-1'y. Cýa ý.
Cl. o 411.
jC
ßy5;,
.
.
Stl J,
Ujr-3
üj
1-',
WC
Y!
0
;s
wýsýIº
ßs11
Cy.
Y,
e ,
M..
'm
. Ct!
miAli LIs
,,
61.01, .
Z4--all
4A
I
ýº
_º
A-ý:
º
vii
ui
v.
,
Ljai
t- e+-Lij
rj u-j
,
ß41 v.j .º
c
.
:
dl
IS
ýLi
J}-4
YI
Y.
eI Yi ?,='jja
1iss.
jj
4i
u.
e
ul'SII
oi
e-+i
j
ýS3
Wile'js.
VIc'I
:.
.
I09.(
Y! "T mal -j C.
JI _D ýssý.o11e:sý eAYji jt j
L
C_)-:
-T
Yecit.!
.
.
In his commenton the constitution,Leckermentionsthe main Jewishtribes concluded
himself
Prophet
Muhammad
treaty
andstates:
with
a
The Jews if Qurayza, Nadir, and Qaynoqa (i. e. their leaders) went to Muhammad.
Unwillingly to accept Islam, they proposed a truce that they would neither take
Muhamad's side nor act against him, and they would not provide assistance to
"°
him.
anyone against
It should be noted that there is repetition of some of the articles of this covenant.
According to Qäsim, this repetition must be significant. It shows that there was need
for various clauses to be repeated or modified to cope with changing situations."'
Another reason for this, Qäsim continues, is that some Jewish tribes joined this
later
brothers.
Jewish
These repetitions or modifications do not
than
their
constitution
integrity
doubt
the
on
or authenticity of the constitution. Bulac argues that the
cast
repetition of the names of some Jewish tribes emphasisesthat these tribes had to pay
for bloodshed and ransom of war prisoners, and that these tribes had to settle their
financial liabilities among themselves.112
109Aba`Ubayd, at-Qasim b. Sallam. K1tdb a1-Amwä1.Beirut: Mu'assasat Naser Ii
a1-Thagäfah,1981,
pp.91-92.
110Israel oriental studies, 30.
"' Qasim, op. cit., p.25.
112
Bulac,op. cit., p.175.
124
People of the Book in the hadTth
ChapterTwo
Bulac explains that the significance of mentioning these tribes recognize the identity of
113
found
in
Along the same lines, Rodinson
the society.
the religious and ethnic groups
blood-price,
formed
for
"each
the
the
purpose
of
paying
a
single
unit
group
comments:
kills
its
one
of
members
should
14
from
Rubin
one
outside. "'
suggests that the
in
indicates
the
term
some
places
which
yahüd
a tribal name whereas
constitution uses
the rest of the constitution uses the term al-Yahüd to indicate that Jews were
'
is
subordinateto the Mediantribes.
Furthermore,the constitution usesthe term ummah (nation) thereby making both
Jews and Muslims one nation. This word, as Rodinson argues, means the people of
Madinah, Jews and Muslims as a whole, forming a coherent front to any external
' 16As Watt comments,the inclusion of Jews
among the ummah dates the
attack.
document to before the battle of Badr.117Bosworth states that this constitution
recognizesthe co-existenceof the Muslim and the Jewish communities within one
"8
He
its
law
that
two
the
added
each of
groups retains own
ummah.
as well as religion.
According to Barakat, the ummah might have another meaning. He comments: "one in
is
there
real assurancethat the members of that community will not fight each
which
1
ý9".
but
in
disputes
their
will settle
other physically
some other ways
2.10.5 Effects of the constitution
This constitution, of course, has some effects on both Muslims and Jews. For
Muslims Andrae states: "the laws of the Medina congregation are the first draft
of the
theocratic constitution which gradually made Islam a world empire and a world
11'Ibid, p.174.
114Rodinson, op. cit., p. 153.
I'S Ibid.
116Ibid,152.
117Watt, op. cit., p.227.
118Bosworth, Clifford Edmund The
protected peoples (Christians and Jews) in the mediaeval Egypt and
Syria. Manchester: The John Rylands University Library, 1979, 13.
p.
9 Brakat, op. cit., p. 82.
125
People of the Book in the hadith
ChapterTwo
but
it
is
document
Islamic
because
its
importance
is
"120
Iqbal
that
an
not
states
religion.
becauseit gives oneness of the community to those who do not belong to the same
faith but are loyal to it in the political sense. Iqbal continues by saying that after
is
have
Muhammad
Prophet
to
this
reported
said:
constitution,
concluding
"Your
flesh is our flesh and your blood is our blood."121
Yet, the Jewish community, after concluding this treaty, safeguarded themselves
from
Muslims
as the constitution states that whoever among the
any
attacks
against
Jews follows us shall have Muslims' help. The Jewish community was pleased with
122
this political organization. Doi affirms that the constitution sets the ideas underlying
the Muslim state in its early years. Moreover, Doi argues that freedom of religious
for
demonstrated
in
Jew
He
the
treaty.
was
adds that Muslims entered into a
worship
treaty with the Christians of Najrän where the latter were granted the ultimate authority
123
Tantäwi
bishops
highlights the
to
the
to appoint their own
community.
and priests
demonstrates
involved
that
this
treaty
and
some supreme principles: "it
effects
freedom
for Jews where they could observe their religious
the
religious
guaranteed
freely.
The
Jews
won the Muslims protection where it stipulates: whoever
rituals
follows us among Jews is entitled to our protection."124The treaty acknowledges the
help
to
oppressedpeople, protect neighbours, safeguard private and public rights,
right
125.
help
diyyah
for
to
the
the
Finally, Burton maintains
pay
and
ransom
and
captives
that the newly established federation works with one voice against external threats and
120Andrae.T. Mohammed the man and his faith. New York: Harper&Brothers, 1955, 136.
p.
121Iqbal, Afzal. The Prophet's diplomacy: the
art of negotiation as conceived and developed by the
Prophet of Islam. Cape Cod, Mass.: C. Stark, 1975, p. 10.
122Bulac, op. cit., p. 170.
123Doi, Abdur Rahman I. Non-Muslims under
shariah (Islamic law), London: Ta Ha publishers Ltd,
1983, p.77.
'24Tantäwi, M. S. Banü Isräll fi al-Qur'an
al-Karim, Cairo: Dar al-Shurüq, 1977, p. 144
123Ibid.
126
People of the Book in the hadith
ChapterTwo
126
be
federation.
It
that
internal
the
should
noted
of
violation
united action against any
there are some writers who refused to accept that the constitution exists. Bular affirms
his
impose
to
this
Muhammad
Prophet
agreement
serve
own purpose as
that
could not
127
In
Madinah.
15%
formed
total
this
the
Muslim
population
of
of
only
the
community
he
regard, states:
The difficulty that much attention is given to Jewish affairs at a time when there
hypothesis
by
in
be
document
in
few
Jews
Medina
the
that
the
explained
could
were
its final form was intended as a charter for the Jews living in Medina. 128
Bulac's opinion contradictshistory books, which describehow that this constitution
Hassan
into
Prophet
Muhammad
that
asserts
was
and
came
existence.
concluded
was
international
he
with
an
and
enjoyedthe right to concludetreaties
personality
endowed
129
in
his
be
discussed
In
five,
fuller
the
name.
chapter
covenants
constitution
will
and
be
dissimilarities
`Umar
I.
The
to
the
compared
will
pact
and
of
similarities
and
betweenthe two documentswill be examined.
2.11 The People of the Book in the hadit/:
2.11.1 Introduction
Having explained the constitution of Madinah and its relevant issues, the emphasis
Prophet
Muhammad's
interaction
to
switches
now
and relations with Jews and
Christians. Gawhar suggests that Prophet Muhammadfirst migrated to Ethiopia when
he took shelter. He was confident that the followers of Jesus Christ were moral and
130
God.
Goldzieher
the
word
of
refers to Prophet Muhammad's relations with
preached
Christians when he maintains: "one model may have been the agreement concluded by
126Burton, John. An introduction to the I adith, Edinburgh: Edinburgh University Press, 1994, 7.
p.
127Bulac, op. cit, p. 173.
128
Watt, op.cit., p.227.
129Moinuddin, Hassan. The charter of the Islamic conference. Oxford: Clarendon
Press; New York:
Oxford University Press, 1987, p-35-
130
Gauhar,Altaf. Thechallengeof Islam. London:Islamic Council of Europe,1978,p.102.
127
People of the Book in the hadTth
ChapterTwo
Prophet Muhammad with the Christians of Najrän, guaranteeing the preservation of
Christian institutions. "131It is therefore necessaryat this point to quote and analyze the
Prophetic traditions that touch upon different topics relating to the People of the Book.
Thus, however,not an easytask as these sayingswill refer to Jews and Christians,
involve diverse headings e.g. rights, daily life, and political issues. To make this study
is
divide
to
this
the pertinentaffidith, which are
the
section
of
structure
more explicit,
into
different
in
To give any accountof all these
the
subheadings.
nine collections
cited
traditions that refers to the People of the Book is beyond the scope of the present
becauseseveral similar a ffidtth are mentioned differently in each collection.
As stated earlier that the ahth
with similar meanings are not going to be
examined,rather the main emphasiswill be on those ones that deal with different
subjects. For each of these subjects only one /adl-th will be chosen. When considering
the whole afiadith, there are similarities between hadTthand the Holy Qur'än where the
latter uses different terms when it refers to People of the Book. The same might apply
to the hadith when it uses terms such as ahl al-Kitäb, ahl al-Dhimmah (People of the
Covenant), banü Isrä'il and finally al-Yahüd wa al-Naprd
(Jews and Christians). It is
important to mention the text of the /ladith itself since it is difficult to trace these if the
researcherrefers to the numbers and places of such affidith alone. In this regard, the
deal
People
that
the
with
of the Book will be categorizedas follows:
ahjd'ith
2.11.2 The right to life
The first fxrdith to be dealt with here concernsthe sacrednessof human life
and
especiallythe retribution for killing a personof the People of the Book. The / adith
is
involved
in
affirms whoever
such crimes will never smell the fragrance of Paradise.
131Goldziher, Ignac. Introduction to Islamic theology
and law. Princeton: Princeton University Press,
1981, p.34.
128
People of the Book in the hadith
ChapterTwo
It makesthis crime as a main reason for prohibiting a Muslim to enter Paradise:
On the authority of `Abd Alläh b. `Umar who said that Prophet Muhammad said:
by
is
(a
the
`ähad
kills
of
pledge
protection
granted
"Whoever
person who
a mu
be
its
fragrance
Paradise
fragrance
the
can
Muslims) shall not smell
although
of
132
forty
travelling".
distance
o
years
of
at
a
smelt
forty
be
Paradise
fragrance
can still
smelt even after
of
The /xrdith affirms that the
distance
that
this
Another
hiadith
years.
seventy
reaches
mentions
walking.
of
years
Other different versions of this hadith are found in some other collections that refer to
133Despite the difference in the versions, they all indicate the gravity of
issue.
the same
killing
Qur'än
declares
They
that
the
the
which makes
same maxim
affirm
such an act.
human
killing
belief
being
to
the
human
the
all
of
equal
crime
religion
regardlessof
a
beings. The verse reads:
On that account: We ordained for the Children of Israel that if any one slew a personbe
if
he
it
for
land-it
be
for
in
the
as
slew
would
spreading mischief
murder of
unless
the whole people; and if any one saved a life, it would be as if he saved the life of the
5:
32
people.
whole
134
hadith
killing
`ähad,
Although the
refers only to the
other ahädith deal with
of a mu
injustice
book:
People
to
the
the
a
person
among
of
causing any
On the authority of some sons of the companions of Prophet Muhammad through
their fathers who said that Prophet Muhammad said: " Whoever do injustice to a
Mu `ähad decreasehis right, burden him for that which he can not afford, or take
,
something from him unwillingly, I will raise a complaint against him on the Day of
Judgement." 135
Prophet Muhammadoutlines some important facts that show the great concern of
Islam for those who have a covenantof protection (mu`ähadin) with Muslims. The
hadith shows some principles which assertthat a Muslim should never be unjust to any
Jew or Christian. Moreover, a Muslim cannot usurp a Jew's or a Christian's rights nor
his
job
beyond
do
him
to
capacity.
any
ask
132Al-Bukhäri, op. cit., Kitäb al-Dyyät, No: 6403. Translations of prophetic traditions
are done by the
researcher.
133Ibn MAjah, op.cit., kitäb al-Dryyät, No: 2676.
134The one who has a covenant of protection with Muslims or any one
of the People of the Book who
lives under the protection of an Islamic state.
135Abu Dawüd, bäb al-Kharäj wa al-Imdrah wa-al-Fay, op. cit., No 2654.
129
People of the Book in the hadith
Chapter Two
for
in
Hereafter
the
illustrates
anyone who violates
The / adith
the severe punishment
it
is
incumbent
jurists
Muslim
that
deduced
be
on
It
that
agreed
these regulations. can
because
they
when
Muslims
any
oppression
to
against
protect ahl al-Dhimmah
all
People
the
the
them,
they
of
guaranteed
the
with
covenant of protection
concluded
136
dhimma,
is
"whosoever
Maudoodi
that:
justice.
our
comments
Book their safety and
his blood is as sacred as our own and his property is as inviolable as our own
"137 Similarly,
property.
for
hadith
Prophet
Muhammad's
that
all
cared
shows
another
the dead among the People of the Book:
On the authority of Jäber b. `Abd Allah who said that a funeral procession passedin
front of us and Prophet Muhammad stood up and we did the same. We said: 0
Allah's Apostle! That is a funeral of a Jew. He said "whenever you see a funeral
it.
for
"138
have
to
stand
procession,you
In the hadith under discussion, Prophet Muhammad is reported to have ordered his
funeral
before
for
Jewish
to
processionpassing
companions standup out of respect a
hadith
Muslim,
In
the
them. anotherversion of al-Imam
elucidatesthat when he was
is
for
Muhammad
Prophet
"It
the
about
reason
standing
up,
clearly
explained,
a
asked
it
is
"139
few
hint
Ridgeon
"the
this
not?.
variant
collection
states:
readingsof
at
soul,
the different degrees of acceptance of Christians and Jews by the Muslim
"140
The
Qur'an
illustrates
the same attitude when it declares that
clearly
community.
141
human
beings
honoured
God
It can be
all
regardless of their religious affiliation.
hadith
from
Prophet
Muhammad's command extends to every
this
that
understood
136Al-Qarao wT, YGsuf. Ghayr al-Muslimin fi al Mo]tnma'
al-Isläm7. Cairo : Maktabat Wahbah, 1992,
11.
137Maudoodi,
Sayed Abul `Ala. The Islamic law and constitution, Lahore: Islamic Publications, 1960,
273.
138Al-Bukhäri, bäb al
No
1228.
op.
cit.,
-Janä'z,
139Muslim, op. cit, Kitäb al-Janä'z, No. 1596.
140
Ridgeon,Lloyd. Islamic interpretationof Christianity. Richmond:Curzon,2000,p.34.
14117:70.
130
People of the Book in the hadith
ChapterTwo
funeral whether for a Muslim or a non-Muslim.
'42
2.11.3 Rights of neighbourhood
The /hadithbeing discussedpays attention to relations with non-Muslim neighbours.
One tradition illustrates this fact. Upon hearing the sickness of his servant Jewish
Muslim
how
him
Muhammad
Prophet
a
a visit showing an example of
paid
neighbour,
for
his
non-Muslim neighbours:
care
should
On the authority of Anas b. Malik who said that there was a Jewish servant who used to
him
He
Prophet
Muhammad
boy
The
a
visit.
the
and
paid
got sick
servant
prophet.
serve
father
his
(for
The
boy
looked
Islam.
him
by
his
head
down
to
accept
at
and
asked
sat
Prophet
`Thanks
Muhammad
Abü
him,
`Obey
to
to
said,
al-Qasim'.
said
who
permission)
143
Allah who saved him from Hell fire. '
ProphetMuhammadwas alwaysat painsto acceptthe rights of a neighbourevenif he
hadith
is
demonstrates
Islamic
Muslim.
The
the
that
there
principle
no
also
was not a
did
force
boy
Muhammad
Prophet
to
the
to accept
not
compulsion acceptany religion.
Islam, it was the boy's father who commanded his son to accept the words of Prophet
Muhammad. The /7adith gives clear evidence that it is permissible to preach to Islam to
if
boys
it
Prophet
Muhammad
the
and
even
were
case,
not
would not ask the
young
144
Furthermore, Prophet Muhammad is said to have visited his
boy to accept Islam.
'45
Taub
his
deathbed
latter
Abü
Jew
Christian.
though
the
on
was neither a
nor a
uncle
146
is
he
Ibn
Salül,
head
in
hypocrites
Madinah.
Another example that visited
the
of the
In the sameregardthere is anotherhadith which showsanotherexampleof the reality
between
Muslim
his
Jewish
the
a
and
relations
neighbours:
of
142San'änT,Muhammad b. Ismail. Subul al-Salim: sharp bulügh
al-Maräm min jämi' adillat a! Ahkäm, Beirut: Dar al-Kutub al-'Ilmiyyah, 2002,2: 144.
14JAl-Bukhäri, op. cit., bäb al-Jand'iz, No. 1268.
144Al-Qastaläni, Aba al-'Abbas Ahmad. Irshäd al-Sari li
sharh Sa ih al-Bukhäri, Cairo: aI-Matba'ah
449.
1931,2:
bi
Bulaq,
al-Kubra
145
Al-Bukhäri op. cit., bdb al-Mardi, No: 5225,
146Ibn Qayyim al-Jawziyyah, Muhammad b. Abü Bakr. Ahkäm
ah! al-Dhimmah. Beirut: Dar al-Kutub
al-'Ilmiyyah, 1955,1: 159.
131
People of the Book in the hadith
ChapterTwo
On the authority of `Abd A115hb. `Amr b. al-'As who said that his family slaughtered a
sheepand when he came home he asked them: Have you given a portion of it to our Jewish
heard
impressed
I
Prophet
Muhammad
"Gabriel
For
saying
:
upon me (kind
neighbour?
treatment) towards the neiýhbour (so much) that I thought as if he would confer upon him
1
inheritance.
"
the right of
Although only part of this hadith directly relates to Prophet Muhammad, it depicts
another image of the rights of a Jew or a Christian neighbour. It affirms that these
if
to
not
only
confined
visiting
visit
someone was ill but that a Muslim
are
rights
his
food.
his
also
share
with
neighbour
should
2.11.4 Commercial transactions with the People of the Book
The following
sayings show that there were commercial transactions among
Muslims and Jewish groups. Prophet Muhammad himself is reported to have made a
deal with the Jews of Khaybar:
On the authority of Ibn `Umar who said that Prophet Muhammad gave to the Jews of
khaybar a48andproviding that they cultivate it and accordingly they would have the half of
its crops.
It is one issue that the Qur'än did not explicitly deal with. The iadtlh under discussion
clarifies that Prophet Muhammad made such a transaction. Ridgeon comments that
after the conquest of Khayber, Prophet Muhammad made a pact with the Jewish
inhabitants that they would work the land in return for tribute. 149The
agreement was
that they would be safe in their houses, their children would be safe from harm, and
that they take half of what their land produces.'5° This kind of treatment continued
beginning
the
of the caliphate of `Umar b. al-Khattäb. 151In addition, the relations
until
between Muslims and the People of the Book, the Jews
especially, during Prophet
1" Al-TermidhT, op. cit., bäb al-Ber wa
al-Selah, No 1866.
148A1-BukhärT,op. cit., bäb al-Muzära `ah,, No 2163,
149Ridgeon, op. cit., p.47
150BalädhurT,Ahmad b. YahyA. Futü/h
al-Buldän. Cairo: al-Matba`ah al- Misriyyah bi al-Azhar, 1932,
p. 36.
15'Al-Qastalani, Abü al-`Abbäss Ahmad, Irshäd
al-Sari Ii sharp Satoh al-Bukhäri, Cairo: al-Matba`ah
al-Kubrä bi Büläq, 4: 180
132
People of the Book in the hadith
Chapter Two
Muhammad'slifetime were not confined to one sphereonly. The following hadith
daily
Muhammad
the
Prophet
transaction
one
of
with
made
shows evidence where
Jews:
On the authority of `Aishah- May Alläh be pleased with her- who said that Prophet
Muhammad mort aged his armour in return for some foodstuff he bought from a Jew for
15
a limited period.
Here we are told that he did not find it prohibitive to mortgage his own shield with the
Jew as a deposit for some foodstuff he alreadybought. That is to say, there was no
barrier against such a transaction.The hadTthin question made it clear that it is
in
Book
deal
People
the
the
to
commercialtransactionseventhough
of
with
permitted
'53
is
dealing
The
they were
above a discussionof the domesticrelations
with usury.
Muslims
People
Book.
Some
to establish good
the
the
encourage
of
ahädith
with
be
have
dhimmah.
The
hadith under
to
those
a
covenant
and
good
who
of
relations
discussionhere reaffirms the prophetic commandmentsof the good treatmentof the
dhimmipeoplesincethey are entitledto the covenantof protection:
On the authority of Juwariya b. Qudämah al-Tamimi who said: `We said to `Umar b. alKhattäb OH Commander of the Believers! Advise us'. He said: `I advise you to fulfil
Allah's covenant made with the People of Dhimmah as it is the covenant of your Prophet
154
livelihood
dependents.
'
of your
and the source of the
Another reason, as the text affirms, is that Muslims can benefit from this covenant
becauseof the taxesthey will take from jirya, which will either bring benefit to them,
'55
Muslim
Correspondingly, another /adtlh
territories.
their children, or some other
talks about the daily activities among Muslims and their Christian or Jewish
is
One
example
where Prophet Muhammad allows Muslims to use
counterparts.
had
been
by
Jews
that
used
and Christiansfor food and drink:
utensils
On the authority of Abü Tha'labah al-Khushan who said that he askedthe messengerof
Allah saying,`We live nearthe Peopleof the Book andthey cook in their articlespork and
152Al-Bukhara,op. cit., Kitäb al-Buyü', No. 2049
153
Al-Qastalani,op. cit., 4:299
154
Al-Bukhfiri, bäb al-Jezyahwa al-Muwäda'ah,op. cit., No. 2927
155
Al- Qastalani,op. cit., 5:233
133
People of the Book in the hadith
ChesterTwo
drink wine." The messenger of Allah said: "If you find other articles than those eat and
56
drink.
"
find,
drink. If you did not
wash them with water and eat and
Besides, as al-Khattäbi argues, this permission is only given when it is known that the
People of the Book do not use these utensils to cook pork or use it for drinking wine,
157
/ladith.
four
The
Schools
Sunni
be
it
to
the
of
according
washed
otherwise should
law have different opinions as to the use of these articles. One opinion is reported by
Hanbali
it
is
Schools,
Hanaff
Mäliki
to
the
that
argue
permissible
one
of
and
and
some
jurist
Mäliki
Another
these
that
they
the
articles
says
are
unclean.
utensils
unless
use
is
by
it
The
second opinion
reported
are generally pure unless was proved otherwise.
Hanbali
it
is
disliked
Schools
Shäfi`i
to use sucharticles unlessthey
that
the
and
state
'58
wereclean.
2.11.5 Greetings
There is an entire chapter in Sa/)-ih Muslim called al-Saläm or greetings. A few
ahAPIth refer to the way of exchanging salutations with the People of the Book. Such
Ridgeon
have
is
two
that
as
suggests,
a
great
effect
on
aspects,
greetings,
worship and
daily life. The hadith, which bears this signification, spells out a trick used by some
Jews when they greeted Muslims:
On the authority of `Aishah -May Allah be pleased with her- who said that a group of Jews
came to Allah's Apostle and said al-Sam alayka (death be upon you) and I understood it
and said to them alaykom a1-Sam wa al-La `nah ( death and curse on you). Prophet
Muhammad said: `Be calm `Aisha. Allah loves that one should be kind in all matters." I
have
"OH!
Apostle
God,
of
you heard what they have said?" Prophet Muhammad
said:
159
have
`laykum"
(be
said wa
upon you).
said : "I
Oneincidentin the hadith showsthat Jewsusedthe word al-Sammeaningdeathwhich
'56Abü Dawüd, op. cit., bäb al-AYimah, No. 3342,
'S' Harf Encyclopaedia of hadith, op.cit.
158Encyclopaedia of Jurisprudence, (on line) Available at: http: //fegh. AlisIqm.com/DispIay.asp?Mode=I &DoclD=82&MaksamlD=l 6&ParaphlD=14&Sharh=0&HitNo=3&
Source=l &SearchStrmg=G%241%23%C2%E4%ED%C9%20%C3%E5%E 1%20%C7%E 1%DF%CA%
C7%C8%230%230%230%23%23%23%23%23, accessed20-10-2005
159
Al-Bukhäri, op. cit., Kitäb al-Isti'dhdn, No.5786.
134
People of the Book in the hafiith
ChapterTwo
is closeto the Arabic word al-Salämmeaningpeace.Muslims use this to greet each
directed
Muslims
Muhammad
Prophet
to
life.
As
daily
in
respond
their
a
result,
other
While
(the
`alaikum
this
to
Jews
the
the
same
you).
words wa
to the greetings of
with
/hadith refers to only Jews, another narration refers to the People of the Book in
general.
On the authority of Anas b. Malik who said that Proýhet Muhammad said: "When the
16
"
book
to
them.
the
the
same
greet you say
people of
Muslim scholars do not agree on the issue of greetings. Some believe that it is
has
People
but
Muslim
Book,
initiate
for
Muslim
the
the
to
to
of
a
greeting
a
prohibited
Muslim
People
Ibn
`Abbas
that
the
to
theirs.
a
of the
can
greet
explain
others
and
reply
Book and reply to their greetings. Another opinion states that it is only disliked but not
Finally,
People
if
Muslims
Book
In
the
the
the case
of
can
greet
necessary.
prohibited.
Muslim,
Muslims
to
the
of
scholars,
opinion
a
according
must reply to the
of greeting
People of the Book's greeting.
2.11.6 The Prophets of the People of the Book in the hadttlt
In chapter one, we saw how the Qur'än treated the prophets of the People of the
Book and how it gave each Prophet his due esteem. Now we will look at this subject
from the hadith's point of view. A good part of the hadith is dedicatedshowing the
People
Book,
in
the
the
the
prophets
of
of
of
particular Moses and Jesus. A
position
large chapterin al-Bukhar 's 2iO 7with the title of ahädith al-Anbeyä' (saying and
tales of prophets)gives accountsof different prophets.This theme occurs in different
hadith,
the
which reflectsthe fact that all prophetsare equal in the sight of
versionsof
God as each carry out the samemissions, that is the call for monotheism:
On the authority of Abü Hurayrah who said that a Jew and a Muslim quarrelled. The
Muslim said by Him who gave Muhammad superiority over all the people. The Jew said
160
Muslim, op. cit., bäb al-Saläm,No.4025.
135
People of the Book in the hadith
ChapterTwo
by Him who gave Moses superiority over all other people. Then the Muslim raised his
hand and slapped the Jew. He i. e. the Jew, went to Prophet Muhammad and told him about
that. Prophet Muhammad sent for the Muslim and asked him about it. The Muslim
informed him about the event. The Prophet said `Do not give me superiority over Moses,
for on the day of Judgement all people will fall unconscious and I will be one of them. I
will be the first to gain consciousnessand will see Moses standing and holding the side of
the Throne. I will not know whether (Moses) has also fallen unconscious and rose up
before me or Allah has exempted him from that stroke.' 161
Various ahadrth discuss Prophet Moses and refer to different topics. An example his
story with the Children of Israel (banü Isrä'il), his behaviour with them, and his
is
fladith
The
the
that
with
al-Khadr.
pious worshipper,
meeting
under discussion
fact
before
Prophets
God but some were given more
the
that
that
are
equal
all
reiterates
162
privileges than others. The verse reads: those apostleswe endowedwith gifts, some
To
Others
153).
degree
God
He
(of
honour)
(2:
them
to
others:
one
of
spoke;
raised
above
From the above-mentioned verse, it is understood that all prophets possess the same
identity
as the Divine Oneness.They might differ from one anotherin their
spiritual
outward qualities and this explains why they might excel one another. In addition, the
Qur'änic verses only refer to the status of prophets in their worldly life and their
hadTth
but
the
mission
explains such status in the hereafter. According to the /ladith
and to al-Qastalan the reason why the Jewish man was slapped is that when the
Muslim heard his speaking, he thought that the Jew was undermining the status
of
163
Muhammad.
Prophet
The Edith
prevents discrimination among God's Prophets
between
Prophet Muhammad and Prophet Moses since this might lead
especially
one
to undermine the other. This would lead to disputes between them. Another
hadith
is that prophet Muhammad
the
explanation of
said that as a way of
humbleness.164
161Al-BukharT, op. cit, Kitäb al-Khu$&ndt, No. 2234.
162The Holy Qur'an, 2:253.
163Al-QastalänT,op. cit, 5:388.
164Ibid, 4:.232.
136
People of the Book in the hadith
ChapterTwo
The sublime status of Prophet Moses in the hereafteris stressedhere. He will be
holding the side of the Throne and will be conscious since all other people will fall
165
Qur'än.
unconsciousaccording to the
And the Day that the Trumpet will be sounded-thenwill be smitten with terror those
God
heavens,
in
those
the
such
as
will please
who are on earth, except
and
who are
27: 87
This statusis becauseeither he had alreadyfacedthe fall on the Mount of Sinai or he
166
from
falling
The
God
be
those
same
exempted
unconscious.
among
whom
will
hadith.
his
in
Many
be
Jesus
the
to
status
and
sayings of
said
regard
with
might
ProphetMuhammad refer to Jesus,including the position of his mother as she had
birth,
his
descent:
his
miraculous
and
reachedperfectionamongall women,
On the authority of Abii Hurayrah who said that Prophet Muhammad said `By Him in
Whose Hands is my soul, surely the son of Mary will soon descend among you and will
judge fairly he will break the cross and kill the pig and there will be nojizya. Money will
be in affluence so that nobody will accept it and one prostration before Allah (in that time)
is
in
it.
be
better
Abü Hurayrah added "if you like:
than
the
whole world and whatever
will
book
is
but must believe in him before
"and
the
this
the
there
of
verse
of
people
none
recite
his death. And on the Day of Judgement he will be a witness against them' (4: 159). 167
Although the Qur'an has many referencesto Jesus,it does not refer to this event.
However,the hadith assertsthat Jesuswill descendandjudge the peoplewith justice,
following the Law of Prophet Muhammad. He will break the cross and kill the pig. He
be
it
jizya
for
to
the
there
an
end
payment
put
of
as
will
shall
no need
sincetherewill
168
be affluenceon earth. This doesnot meanthat he will nullifyjizya, which has been
169
by
he
Islam;
do
in
Islamic
Shari'a.
rather,
will
so
prescribed
agreement with the
Another hadith clarifies the status of Jesusin Islam and in every Muslim's heart:
On the authority of `Ubädah who said that Prophet Muhammad said `If anyone bears
16527: 87.
166Harf Encyclopaedia of /7adith.
167Al-BukharT, op. cit., a/xidith al-'Anbiyä , No. 3192.
168Al-QastalanT,op. cit, 5:419.
169 Ibid.
137
People of the Book in the hadith
ChapterTwo
has
Who
deserves
Allah
that
no partner and that
alone
worshipping except
none
witness
Muhammad is His slave and Apostle and that Jesusis Allah's Apostle and His Word which
He bestows upon Mary and Spirit created by Him, and that Paradise is true and that Hell is
true, Allah will admit him to Paradise with the deeds he has done even if the deeds were
few. ' Junädah, another narrator, said: `Ubädah added such a person (who does so) can
170
its
he
likes.
eight gates
enter Paradisethrough any of
2.11.7 Reward in the Hereafter
Among the topics that the prophetic traditions touched upon is the reward that is
hadith
following
Islam.
The
fact
depicts
for
to
this
those
among
who converted
waiting
the People of the Book and shows that their reward will be multiplied:
On the authority of al-Shu`abi through his father narrates that Prophet Muhammad said
`Three people will have their reward twice: a man who possesa female slave, brings her up
well and educatesher well. He then frees her and marries her will receive his reward twice.
A believer from among the People of the Book who becomes a Muslim and believes in
Prophet Muhammad will have his reward twice. The servant who obeys his God and
171
his
duties
havehis
'
twice.
carriesout
master's
will
reward
The hadith clarifies that those among the People of the Book who believe in Moses or
Jesus and also believe in Prophet Muhammad will be doubly rewarded.17' The reason
for the two rewards is likely because he believed in the two prophets or he was not
173
like
followed
intransigent
In another version of musnad
the right way.
others and
Abmad it is addedthat he has the samerights as Muslims and abides by the same
174The samepromise
double
of
a
obligations.
reward in the Hereafteris clearly found
175
Qur'än.
ProphetMuhammadis reportedto have led the funeral prayer
in the Holy
for al-Najäshi,the king of Abyssinia:
On the authority of Jäber b. `Abd Allah who said that that when al-Najäshi (of Abyssinia)
died, Prophet Muhammad said that `A pious man died today so stand up to do the funeral
prayer. '176
This /ladith confirms the reward of any one of the Peopleof the Book who covertsto
170A1-BukharT,op. cit., Kitäb afk dith al-'Anb
yä, No: 3180.
'" Al-BukhärT, op. cit., bäb al lihäd wa al-Siyar No. 2789.
172Al-QastalänT,op. cit., 5: 145.
173Ibid.
174Musnad Ahmad, op. cit., No. 21205.
175
28:54. Theseverseshavebeenreferredto in the previouschapter.
176
Al-Bukhdri, op. cit., bäb al-Manägib,No. 3588.
138
People of the Book in the hadith
ChapterTwo
Islam and dies as a Muslim.
2.11.8 Similarities with the People of the Book
There are some similarities between Judaism, Christianity, and Islam. Some ahädith
People
Book
Muhammad
the
Prophet
the
that
with
of
agreed
on some points
affirm
he
had
knowledge.
Gillman
things
on
which
no
certain
states:
specific
about
asked
and
Prophet Muhammad had some peculiar relations with the Jews of Medina; for he had
borrowed many things in his and practice from them and professed much sympathy
faithful
became
Some
these
their
of
were
gained
over and
religious views.
with
'77
Prophet.
but
Islam
others cast ridicule upon the
adherentsof
The first instanceto cite here is that ProphetMuhammadand his companionsadopted
direction
for
in
Mosque
Jerusalem
Agsä
their
or
seventeen
own
sixteen
months
as
al
for prayer. This was the direction that Jews followed. Later on, Prophet Muhammad
ka'bah
to
the
told
change
and
adopt
asthe new qiblah:
was
On the authority of al-Bard' b. `Azib who said that I prayed with Prophet Muhammad
turning towards bait al-Magdis for sixteen months till this verse was revealed "And
it"
faces
2:
144).
This
towards
turn
you
are
your
verse was revealed when
wherever
Prophet Muhammad performed his prayer. A person among his people passedby al-Ancär
in
He
told them this command and they turned their faces
they
engaged
were
prayer.
as
"$
Ka`bah.
towards the
It should be noticed that Prophet Muhammad did not adopt the first qiblah himself
179
him.
This agreement did not only include ritual practices
but that was revealed to
but also everydayhabit suchas the coming of one's hair. On anotheroccasion,he is
followed
have
to
the customof the Peopleof the Book for a time. He usedto
reported
leavehis hair loosein the mannerof the Peopleof the Book's habit:
On the authority of Ibn `Abbäs who said that Prophet Muhammad used to leave his hair
loose and the pagansused to part their hair. The People of the Book used to leave their hair
loose. He agreed with some practises of the People of the Book in some matters about
180
Later
Prophet
Muhammad
there
his
no
revelation.
hair.
was
on,
which
started parting
177Gillman, Arthur, The Saracens from the earliest times to the fall
of Baghdad, London: T. Fisher
Unwin, 1887, pp. 127-128.
178Muslim, op. cit, bäb al-Saläm,No: 818.
'79Sharli al-Imamal-Nawawi 'alä Saltiih al-ImamMuslim,
op. cit., 3: 173
180Al-BukhärT,op. cit., bäb al-Manägib,No. 3650.
139
People of the Book in the hadith
ChanterTwo
Prophet Muhammad did not receive any revelation not to do so. Stanton maintains that:
"the friendly attitude of Muhammad towards the Jews at this time is further shown by
"8'
for
(The
Merciful)
Allah.
his adoption from their language of the name rahman
Another lhadith reports that he gave an order to his companions to observe fasting on
found
he
day
Muslim
(the
the
`äshürd'
day
tenth
month al-Muharram) when
of
the
of
the Jews fasting on this day:
On the authority of Ibn `Abbas who said that Prophet Muhammad came to Medina, he
found the Jews fasting on the day of `äshürä. They used to say this is the great day on
So
fasting
day,
form
Moses
banü
Isräil
Allah
their
this
enemy.
observed
saved
which
Prophet Muhammad said we are more close to Moses than you. Therefore, Prophet
182
fast.
(Muslims)
to
Muhammad fasted on that day and ordered
The implied meaningof the hadith is that ProphetMuhammadagreedwith the people
he
his
fast
do
book
day
He
to
that
to
the
the
recommended
on
and
companions
same.
of
he
had
Jews
because
Moses
both
Prophets
than
that
more
on
claim
are
and
affirmed
183
knew
Jews
He
fast
day
by
that
the
to
that
same
mission.
used
on
either
share
by
Jewish
'Abd
Allah
b.
Saläm.
or
asking
as
people
such
revelation
Another example that shows similarity among Jews, Christians, and Muslims:
On the authority of Ibn `Umar who said that Prophet Muhammad said `Your example and
the example of the people of the two scriptures is like the example of a man who employed
for
them
men
and
asked
who
will
work
me from morning till midday for one gira ?
some
(A measureof a piece of land) The Jews accepted and carried out the work. He then asked
who will work for me up to the afternoon prayer for one girät? The Christians accepted and
fulfilled the work. He then asked who will work for me from the afternoon prayer until
have
for
You
Muslims
two
giräts.
accepted the offer. The Jews and Christians got
sunset
angry and said `Why should we more and get lesser wages? (Allah) said `Have I withheld
part of your right? They replied in the negative. He said `It is my blessing I bestow upon
184
whomever I wish. '
This /7adith illuminates that the three groups take part in the same reward. Although
the three groupshave done the samejob and receivedtheir reward in full, Muslims
181Stanton, H. U. Weitbrecht. The teaching of the Qur'an:
with an account of its growth and a subject
index. London: Central Board of Missions and Society for Promoting Christian Knowledge, 1919, p.23.
182Al-BukharT, op. cit., Kitäb al-Siyäm No. 1865.
183
Al-QastalänT,
op. cit., 3:422.
184
Al-BukhärT,op. cit., bdb a/xidith al-'Nbiyä' No 2300.
140
People of the Book in the hadith
Chapter Two
He
He
for
it
is
Allah's
Grace,
to
can
grant
whom
which
were given additional reward
between
hadith
the
three
Another
that
religions,
shows
other
similarities
wishes.
divisions
that will occur:
to
regard
with
especially
On the authority of `Awf b. Malik who said that Prophet Muhammad said that `The Jews
have divided into seventy-one sects. One of them will be in Paradise and seventy in Hell.
Christians divided into seventy-two sects, seventy-one in Hell and one in Paradise. By
Whose Hand is my soul my nation (Muslims) will be divided into seventy thee sects one in
being
in
Upon
is
Hell.
that which will enter
asked
which
sect
seventy-two
paradise and
185
he
'
paradise, said the group.
It should be observed that the number of divisions between the three groups in the
/haditharenot the same.Thereare71 divisionsof Jews,72 of Christians,andfinally 73
divisions
be
in
The
Hell
Muslims.
/adtth
the
that
misguided
all
will
punished
states
of
is
That
to say, the rightly guided group will
the
exception
of
only
one
group.
with
Furthermore,
Jewish
Christian
to
punishment.
other
ahädith
refer
some
and
escape
/hadith
do
An
is
Muslims
to
this
the
and
commend
so.
not
exampleof
which
practices
Jews
Christians
Prophets
love
that
their
to the extentthat
and
exaggerated
out
of
shows
they madetheir gravesplacesof worship:
On the authority of Ibn `Abbas and `Aisha-May Allah be pleased with them- who said that
Prophet Muhammad on his death bed started putting his khamisa (a piece of cloth) on his
face and when he felt hot and short of breath he took it off his face and said `May Allah
Jews
Christians
the
and
as they made the graves of their prophets as places of
curse
186
worship. "
As a result,thosewho do so are cursedin the hadith. It gives a clear order to Muslims
that they shouldnot follow the samefootstepsof Jews and Christians.The reasonfor
this, as the explanation of the hadith shows, Prophet Muhammad was afraid that
Muslims, after his death,might dignify his grave and make it as a place of worship.
Similarly, ProphetMuhammadis reportedto have forbiddenhangingpicturesat places
185
Ibn Majah,op. cit, hab al-Fitan, No 3982.
186
AI-BukhAr%
op. cit., hab ahadiithal-'Anbeyä, No 3195.
141
People of the Book in the hadiith
ChapterTwo
/ladith187,
is
An
this
the
example of
of worship.
which `Aisha narrates. It disapproves
the excessiveway in decorating a certain church by putting pictures inside it:
On the authority of `Aisha who mentioned that Um Salamah and Um Habibah- May Allah
be pleased with them- saw a church in Abyssinia and in the church there were pictures.
When they informed Prophet Muhammad about that, he said `Those people are such that if
a pious man amongst them died, they build a place of worship over his grave and paint
these pictures in it. Those people will be Allah's worst creatures on the Day of
Resurrection.'
Anotherexampledemonstrates
the customsof dying one's hair:
On the authority of Abü Hurayrah who said that Prophet Muhammad said "that Jews and
Christians do not dye (their hair) so be different from them." 188
,
In this fladith, Prophet Muhammad encouragesMuslims to dye their hair in opposition
to the practiceof someJewsand Christians.This order meansto dye meansthe white
hair that appearsin one's beard.The reasonfor not following the customof the Jewsis
189
different
be
from
People
Book.
In his commenton this hadith, al-Imam
the
to
of the
Malik saysthat there is no tangible proof that showsProphetMuhammad,in contrast
to Abü Bakr, died his hair. On another occasion, Prophet Muhammad is reported to
have warned Muslims of following the ways of Jews:
On the authority of Abü Sa`Tdwho said that Prophet Muhammad said `You will follow the
wrong ways of your predecessor so completely and literally that even if they entered a
whole of a Babb (a kind of lizards), you will go there as well. ' We said `O Allah's
190
Do
Jews
Christians?
'
He
you
`Whom
messenger!
mean
and
replied
else'.
The order here warns of following the people of the Book in their practices.This
would suggestthat Muslims haveto havetheir own way of life.
2.11.9 Political contacts
The next theme to be discussed is Prophet Muhammad's
political contacts with
foreign Jewish and Christian rulers. Both books of hadith
and history show that he sent
187
A1-Nasä'T,
op.cit.,habal-Masäjid,No.697.
188Muslim, op. cit, bäb al-Lebäs wa
al-Znah, No. 3926.
189Harf Encyclopaedia of hadith, op.
cit.
190
Al-BukhärT,op. cit, bäb ahädith a!-'Anbiyä, No.3197.
142
People of the Book in the hadith
Chanter Two
inviting
different
to
the
them
delegations
to
territories
accept
religion of
messagesand
Islam. Some responded to the affirmative by sending gifts, thus keeping their option
it
depicts
is
important
invitation.
It
to
to
this
this
as
refer
open, while others rejected
the basis of peaceful encounters. Examples include: a messageto: Caesar the Roman
Emperor; Chosroes II, the Sasanian king; al-Muqawqis of Egypt; the Emir of
191
Damascus. The kings and rulers respondeddifferently as I will now explore.
Threeexamplesof the positive andnegativesideswill be given. The first positive
Christian contact took place when Muslims sought refuge in Abyssinia which was a
192
Monophysite
Christianity.
In
Christian kingdom adhering to the
understanding of
facts
in
important
the Prophet Muhammad's
there
two
this regard,
underlying
are
Muslim's
first
Christianity.
The
tolerance
towards
of
showing
grounds
proposal
fact
is
Prophet
home
for
Muslims that was
that
the
proposed
a
new
underlying
by
king
it
in
Christian
being
Christian
any
reservation
about
a
without
a
one.
governed
This is an outstanding evidence of Islam's readiness to collaborate and work with
Christians in promoting goodness and repelling oppression and evil. The second
fact
in
Prophets
Christian's
the
plan
showing
giving acceptanceof Prophet
underlying
Muhammad's proposal was that he had no reservation of the Christians not accepting
to work with the Muslims. Another example occurred when Prophet Muhammad
delegation
from
Najrän:
a
received
On the authority of Hudhaifah who said that the people of Najrän came to Prophet
Muhammad and said, "Send an honest man to us." Prophet Muhammad said, "I will send
is
honest
man
who
really trustworthy. " Every one of the companions hoped to be
an
you
that one. Prophet Muhammad then sent Abü `Ubaydah b. al-Jarräh. 193
The purpose of their visit was to negotiate some kind of treaty with Prophet
191Al-Ghazali, Muhammad. Fiqh al-Sirah. Cairo: Manshürät `Alm
al-Ma`rifah, (Year of publication is
Not mentioned) pp.3 84-389.
192
Goddard,op. cit., p.20.
193
Al-BukhAri,op. cit., hab al-Maghazi,No.4030.
143
People of the Book in the hadith
ChapterTwo
hostility
to
freely
pay
preceding
no
themselves
They
with
and
Muhammad.
presented
Muslims'
during
They
the
Muhammad.
afternoon prayer.
homage to prophet
arrived
from
Muslims
them
to
tried
for
Christians
to pray,
prevent
When the time came
Najrän
their
Christians
to
the
Muhammad
perform
Prophet
of
permitted
praying.
194
have
is
treaty
Muhammad
Prophet
to
a
in
concluded
reported
the
mosque.
prayers
follows:
as
run
the
major clausesof which
with them,
Most
Merciful.
Compassionate,
the
Most
Allah,
the
"In the name of
This is the pact which has been issued by Muhammad, the Apostle of Allah to the people of
1,000
fruit,
(hulal
Awägi)
their
their
his
of
which
al
Najrän, to whom
authority shall extendin
Safar
1,000
the
together
Rajab
in
of
an
ounce
be
month
of
with
the
and
of
to
month
paid
latter
become
less
(the
the
to
tribute)
If
than
the produce exceeded,
silver on each payment.
lend
(the
Najrän
former.
The
to
in
to
the
be
people of
are expected
estimated proportion
will
Muslims) shields, horses, animals and other objects. They must also entertain and provide
kept
be
days,
but
for
twenty
these
for
must not
a maximum period of
my messengers
supplies
in
Ma'arra,
If
they
there
must supply
than
al-Yamän
war
or
were
them
a
month.
more
with
lent
If
horses
to
thirty
for
thirty
my
thirty
camels.
was
some
of
what
and
persons,
clothes
be
They
(the
Nairn)
been
destroyed
had
people
of
compensated.
shall
or
perished,
messengers
Allah,
Muhammad,
Apostle
that
Allah
the
the
have
the
of
of
promise
and
of
protection
shall
lands,
lives,
be
their
creed, those absent and those present, their
property,
secured
they shall
from
be
displaced
bishop
No
they
that
families, their churches, and all
or monk shall
possess.
his parish or monastery and no priest shall be forced to abandon his priestly life. No hardships
lands be occupied by (our) army. Those
imposed
be
their
humiliation
them
shall
nor
shall
on
or
be
have
it:
justice
Those
there
no
oppressors
who practice
will
nor
oppresses.
shall
who seek
be
for
fault
from
No
the
taken
Shall
of
shall
as
one
responsible
me.
seek no protection
usury.
Allah
For
the
the
this
guarantee
compact,
continuation
of
of
and the assurance of
another.
Muhammad, Apostle of Allah, sanction what has been written until Allah manifests His
faithful
long
in
(the
Nairn)
remain
of
as
people
and
act
agreement with their
authority so
in
following
Done
the
to
the
presence
witness:
of
giving
no
support
oppression.
obligations,
Abü Sufyän b. Harb, Ghaylän b. `Amr, Malik b. `Awf (of the tribe of) banü Nasr, al-Agra` b.
195
lianzali,
b.
`Abd
Allah
b.
Shu'bah.
Abü
Bakr
Häbis al
acted as secretary.
and al-Mughirah
The contentsof this treaty are similar to the one concludedwith the Jewsof Madinah
in
been
discussed
has
this chapter.The Christiansof Najrän were given the
that
already
freedom
help
the
to
privileges
such
as
and
practice
rights
one's
religion
and
and
same
This
treaty added additional rights such as the protection of clerics and
protection.
bishops and the maintenance of the Cross and icons. Bosworth argues that this
in
631
AD.
concluded
covenant was
194Ibn Qayyim (or Ibn al-Qayyim) al-Jawziyyah. Zäd al-Ma'ad, (Year
of publication is not mentioned),
Cairo: al-Matba'at al-Misriyyah wa maktabatihä, 2: 38.
'95A1-Wägidi,
op. cit, p.76.
144
People of the Book in the hadith
ChapterTwo
Bosworth adds that several versions of this covenant are preserved in the Muslim and
196
Jaques
"Prophet
Similarly,
Syriac
Eastern Christians (particularly
argues:
sources).
Muhammad was the first to write to the Christians of Najran, inviting them to sign a
hijra.
s197
Other
in
him
tenth
the
contacts were not so positive,
of
year
pact with
however. An example is when he sent a message to Chosroes II who tore up the
if
Muhammad
II
Prophet
Chosroes
to
that
refuses
submit,
messageand sent orders
198
destroy
Madinah.
force
his
to
use
would
As for the contacts with the Jewish side, Prophet Muhammad had to reconcile a
between
he
interests
Subsequently,
al-Aws
and
al-Khazraj.
of
conflicting
variety
Madinah,
famous
Jews
known
the
treaty
the
of
with
commonly
as the
concluded
fkrdith
illustrates
is
The
Madinah-199
these
which
of
contacts
a clear
constitution
People
how
Book:
the
the
to
of
communicate
of
with
example
On the authority of Abü Sufyän who said that Hercules asked for the letter of Allah's
Apostle to be read. When the letter was read, its contents were as follows: "In the name of
Allah, the Beneficent, and the Merciful. From Muhammad, Allah's slave and his Apostle
to Hercules, the Chief Byzantines: peace be upon him who follows the right path, to
""'
proceed.
The initial word of all messagesis "peace" which rules out the possibility of resorting
to harsh language with the People of the Book. The hadith ends with another example
of the rejection of violence and upholds the position of Prophet Muhammad that he did
his
power to convert non-Muslims to Islam.
not use
2.11.10 Armed encounters
In addition to the political contacts,military encountersalso needto be discussed
196Bosworth, op. cit, p. 14.
197Jaques Tagher. Christians in Muslim Egypt : an historical
between
Copts
the
study
of
relations
,
from
1922.
Altenberge
640
Muslims
to
: Oros 1978, p. 17.
and
198Balyuzi, Hasan Muvaqqar. Muhammad and the course Islam. Oxford: G. Ronald, 1976, 116
of
p.
' Muhibbu-Din, M. A, ahl al-Kitab and religious minorities in the Islamic
state: Historical context and
Journal
Muslim
challenges.
of
contemporary
minority affairs, 2000,20, (1), pp. 111-127.
200Al-Bukhärº,op. cit., bäb al-Ist'dhän, No.5790.
145
People of the Book in the hadith
Chapter Two
An entire section in al-Bukhäri's ptff1
titled the book of expeditions (kitäb al-
Khaybar,
Badr,
Uhud,
battles
issue.
It
to
deals
such as
Maghazi)
refers some
with this
banü al-Nadir, and banü Qurayzah. The focus will be on specific battles between
Muslims and Jews or Christians. Most of these battles deal with the Jewish tribes in
Madinah as they constituted the majority of the population. These military encounters
individual
but
those
took
the
to
an
which
also
place on
armies
were not only confined
level. Although the first incident of this kind is not significant, it shouldbe mentioned
hadith
first
hadith
illustrates
The
the
that
it
the
narration.
as shows one aspectof
Jewish chieftain to be killed was Ka'b. b. al-Ashraf (a Jewish chieftain). It runs as
follows:
On the authority of Jäber b. `Abd Allah who said that Prophet Muhammad said `Who
is ready to kill Ibn al-Ashraf who hurt Allah and His Messenger? Muhammad b.
Muslama said: `O Allah's messenger!Do you want me to kill him? ' He replied in the
him
(Prophet
`This
b.
Muslama
Muhammad
to
and
said
person
went
affirmative.
Muhammad put us a task and asked for charity'. Ka'b replied 'By Allah you will get
tired of him'. Muhammad b. Muslamah said to him `We have followed him, so we
dislike to leave him until we see the end of his affair'. He went talking to him until
he got the chance to kill him201.
In brief, the main reason for killing Ibn al-Ashraf is due to his behaviour against
Muslims. After the battle of Badr, he incited Quraysh to act against Prophet
Muhammadand composedanti-Muslim poemswhich were widely circulated. These
included love poems againstMuslim women which consequentlycausedoffence.02
ProphetMuhammadassignedto one of his companionsthe job of getting rid of Ibn alAshraf. Following this incident, Ka'b's tribe signed a peaceful treaty with Prophet
Muhammad that stipulates that none of the Medinan Jews should hurt Muslims. 03
Another examplethe hadith mentions occurredwhen a Jewish chieftain called Abü
201AI-Bukhäri,op. cit., bdb al-MaghazT,No.3731
202Ibn Hisham,op. cit., 3:58.
203Al-Wägidi, op.cit., 1:192.
146
People of the Book in the hadith
Chapter Two
Räfi` b. Abi al-Hugayq was killed:
On the authority of al-Bard' b. `Azib who said that Prophet Muhammad sent a group
house
AbT
Rafi"s
b.
`Atik
Allah
`Abd
AbT
Räft'.
at night while
entered
of people to
04
him.
killed
he was asleep and
hurt
Muhammad
Prophet
Räfi`
Abü
to
it
is
brief,
that
In
and supported
used
related
Ka'b b. al-Ashraf. Prophet Muhammad sent some of the Ansar tribe to Abü Räfi` until
05
him.
killed
one of them
Now let us turn to the armedencounterswith the Jews of Madinah as described
by al-Bukhäri. The first encounteras the following hadith depicts, was between
Muslims andthe Jewsof banüal-Nadir.
On the authority of Ibn `Umar who said that banü al-Nadir and banü Qurayzah fought
breaking
Muhammad
Prophet
Prophet
Muhammad
treaty
their
peace
so
exiled
against
banü al-Nadir. He allowed banü Qurayzah to stay in their places taking nothing from them
issued
He
fought
Prophet.
be
that
their
the
they
a
verdict
warriors
should
against
until
killed, women and children should be taken as captives. Some of them came to Prophet
Muhammad who granted them safety and they embraced Islam. He exiled the Jews of
banü Qaynuga', banü Häritha, and all Jews from Medina206.
This battle occurred when a Muslim unintentionally killed two Jews from the tribe of
banü `Amir who had a covenant of protection with the Prophet. Banü al-Nadir were
for
help
diyyah
(compensation)
for
to
the
the two killed people. They
pay
asked
kill
Muhammad
Prophet
to
and, accordingly,they were besiegedfor six or
contrived
fifteen daysuntil they were expelled.207
Another hadith refers to a different military encounterknown as alAhzdb or alKhandaq (the parties or the trench):
On the authority of Sulaymän b. Surd who said: on the day of al Akab
204AI-Bukhär%op. cit., bäb al-Maghäzi,No.2800
205Al-Tabari, Tärikh al-Umamwa al-Mulük Year of publicationis
not mentioned,3:6
206Al-Bukhara,op. cit., bäb al-Maghäzi,No.3724.
207Ibn KathTr,op. cit., 4:75.
147
Prophet
People of the Book in the hafiith
ChapterTwo
208
Muhammad said `We will go to attack them and they will not come to attack us'.
Historical sourcesexplain that when the Jews of banü al-Nadir were expelled, they
headed towards Khaybar (a Jewish province). Some Jews from banü Qurayzah
incited Quraysh and Ghatafkn tribes against Prophet Muhammad and Muslims.
The battle of banü al-Nadir did not witness hand to hand fighting except the use of
destroyed
battalions.
Later,
the strongholds
the
a
wind
arrowsandcatapultsamong
209
banü
al-Naoir.
of
The following hadith depicts a new encounter between Muslims and the Jews of
Khaybar:
On the authority of Anas b. Malik who said that Prophet Muhammad set out for
Khaybar and reached it at night. He did not use to attack if he reached people at
night, until a day broke. Therefore, when the day dawned, the Jews of Khaybar came
out with their bags and spades. When they saw the Prophet, they said `Muhammad
and his army". Prophet Muhammad said: "Allah akbar (Allah is greater) and
Khaybar is ruined, for whenever we approach a nation then it will be a miserable
210
for
have
been
those who
morning
warned".
The course of this battle is similar to that of banü al-Nadir. At the end of this battle
they signed an agreement with Prophet Muhammad leaving half of their properties to
211
In this connection, another hddith shows Prophet Muhammad's tolerance
Muslims.
Khaybar:
the
conquest
of
after
On the authority of Ibn `Abbas who said that a Jewish woman gave a part of a
poisonousshe sheepto ProphetMuhammadto eat. He brought her and askedher
`Why haveyou donethat?' Shereplied `I wantedto know if you are a real prophet,
212
know
if
feel
that
and not peoplewill
you would
relief to get rid of you'
It is related that a Jewish woman from the same tribe attempted to kill him by
food
him
that
to
was
served
andhis companions.
poisoning
208AI-BukharT, op. cit., bab al-Maghäzi, No. 3801.
209Ibn Kathir, op. cit., 4: pp. 92-115.
210AI-BukharT, op. cit., bäb al-Maghäzi, No. 3876
211Ibn al-Athir, Muhammadb. Muhammadb.`Abd al-Karim,
al-Kämilfl al-TärFkh,Cairo: IdaratalTiba'ah al-Muniriyyah,1349AH, 2: 147-150.
Zit MusnadAhmad,op. cit., musnadbamüHäshim,No.2648.
148
People of the Book in the hadith
ChapterTwo
his
Muhammad
Prophet
died.
Neither
nor
As a result, one of the companions
213
last
forgiven
The
this
woman and she was
companions took any action against
hädith
how
describes
The
this
banü
Qurayzah.
the
of
sentence
armed encounter was of
tribe was carried out:
On the authority of Abü Said al-Khudri who said that the people of Quray; ah agreed
to accept the verdict of Sa'd b. Mu`ädh so Prophet Muhammad sent for him. When
he approachedthe mosque, Prophet Muhammad said to al-Ansär tribe: "Stand up for
he
him:
Qurayzah)
Then
"Those
(banü
best
to
the
said
you".
among
your chief or
keep
"Kill
Sa'd
their
the
to
said:
warriors
and
sentence".
accept your
agreed
"You
have
judged
Muhammad
to
Prophet
said:
according
captives".
offspring as
Allah's judgement. "214
For this battle Prophet Muhammad received a divine order that he should prepare
Muslims to fight bane Qurayzah who reneged their agreement with Prophet
15
Muslims.
Quraysh
Banta Qurayzah gave asylum
Muhammad and supported
against
Huyay
b.
is
banü
Akhtab, who was expelled from
leaders
that
the
to
of
al-Nadir,
Madinahand did not refrain from conspiraciesagainstMuslims. It is reportedthat this
tribe preferred resistance. Prophet Muhammad besieged them for 25 days. Eventually,
judgment
to
the
they surrendered and agreed
of Sa'd b. Mu`ädh who they nominated
from among the tribe of al-Aws who were allied to banü Qurayzah.The sentence
killed
be
that
every
young
man should
and that children and women should
stipulated
be taken as captives.
Another hadith deals with a similar issue, which is the expulsion of Jews and
Christiansfrom Arabian Peninsula:
On the authority of `Umar b. al-Khalitäb who said that he heard Prophet Muhammad
saying: `I will expel the Jews and Christians from the Arabian Peninsula and will not
213 Ibid.
214A1-BukhAri,op. cit., bäb al-Maghazi,No.3812
215Al-Wägid7,op. cit., 2:497
149
People of the Book in the hadith
ChapterTwo
leave anyone
except
Muslims.
' 216
Expulsion of Jews and Christians from Arabian is mentioned in the collections of
hadith and occupies a considerable section in historical books. This expulsion occurred
during the caliphate of `Umar b. al-Khattäb. This topic will be analyzed in the
following chapters. There are some other a/lädith which predict future armed clashes
betweenJewsand Muslims. The following /7adithshowsthat a kind of fighting among
JewsandMuslims will breakup beforethe Day of Judgment:
Abü Hurayrah reports that Prophet Muhammad said "The Hour (Day of Judgement)
fight
come
until you
with the Jews and the stone behind which is hiding will
will not
say "0 Muslim! There is a Jew hiding behind me, so kill him. "217
The hadith indicatesthat the Islamic religion will prevail before the descentof Jesus.
218This prediction is in line with the Qur'än where it affirms this fact about future
fighting betweenMuslims andJews.219
2.11.11 The penal code
The /7adith collections refer to the penal code. Some come under different titles such
/udüd,
b
be
(chapter
al-f
al-Qasämah,
of punishment)and bäb al-Diyyät (chapterof
as
These
deal
judicial
chapters
with
compensations).
mattersthat relateto membersof the
People of the Book who live in Muslim lands and are subject to Muslim legislation.
This section is not entirely dedicated to showing the legal status of the People of the
Book, their position in the Islamic Shari'a, or the different judgements of the criminal
focus
be
Rather,
the
will
on the alkrdith that deal with the penal code. An example
acts.
is the following hadith:
216Abü Däwüd, op. cit., bäb al-Kharäj wa
al-Imärah wa al-Fay', No. 2635.
217Al-Bukhär% op. cit., Mb al-Mild wa al-Sryar, No. 2708
218Ibid.
x1917:5.
150
People of the Book in the hadith
ChapterTwo
On the authority of `Abd Allah b. `Umar who said that Prophet Muhammad said
`whoever kills a Mu `ähad will never smell the fragrance of Paradise although its
220
forty
distance
far
fragrance could be smelt through a
years'.
reaches
221
`ähad
The hädith forbids the killing of a mu
and makes this crime a main reason for
Similarly,
it
from
Paradise.
Muslim
entering
assertsthe sacrednessof all
preventing a
human lives irrespective of their religious beliefs. The /]ädith in question shows the
killing
Jew
Christian
legal
This
form
or
a
a
without
reason.
a
punishmentresulting
had
dhimmi
includes
jizya
truce.
a
such
covenant
as
or
who
a
covenant
of
every
verdict
This applies if this covenant was granted by an individual or by the Muslim
222
be
Maudoodi
laws
It
that
as
noted,
should
arethe
masse.
states,
penal
en
community
dhimmi
People
live
for
Muslims
Book
to
the
the
apply
and
should
and
who
of
same
borders
Islamic
s223
the
of
an
state.
within
A Qur'änic versestatesthat the Peopleof the Book could set up their own judicial
judgments according to their own scriptures. The verse reads:
If they do come to thee. Either judge between or decline to interfere, if thou decline,
they cannot hurt thee in the least, if thou judge, judge in equity between them. (5: 45).
Sunni Schools of law are not unanimous with regard to the punishment of a Muslim if
he kills a dhimmTor a musta'man. The Shäfi`i, Hanbali, and Mälik Schools state that a
Muslim is not to be killed in that case.The Hanafiarguethat a Muslim shouldbe killed
(gi;
if
he
legal
kills
säs)
retaliation
a non-Muslim for the purposeof stealing or
as a
224Diyyah is anotherissuewhich emergesfrom the
discussion:
similar.
previous
On the authority of `Amr b. Shu'ayb who said through his father through his
Prophet
Muhammad said `The (diyyah) of a mu `ahad is half
that
grandfather
that
of
225
of a Muslim'.
220Al-Bukhäri,op. cit., bäb al-Jezyah wa al-Mowddaah, No. 2930.
221Anyone who belongs to a non-Muslim community with
whom a treaty of peace was implemented
Doi,
26.
communities)
protected
of
member
a
op.
cit.,
or
p.
222
Ibid.
223Maudoodi,op.cit., p. 13.
224.
ZaidMn,op. cit, p.254.
225Abü Dawild, op. cit, bäb al-Diyydt, No.3969.
151
People of the Book in the hadith
ChapterTwo
Again, the four Sunni Schools have different opinions. The Mäliki and Hanbali state
that it is half the blood money paid for a Muslim man and half paid for a Muslim
killed
if
the
was a woman.
person
woman
Ibn Hanbal added that this would apply only if a non-Muslim was killed by mistake.
26
it
is
The
Al-Shäfi`i and other scholars argue that
one third of the value of a Muslim.
killing
but
do
the
to
of
a
crime
mu'ähad
also concernother
not only apply
ahädith
by
Book
dealt
People
the
to
the
they
that
of
when
with
are
are applicable
penalties
Muslim courts.An exampleof that is the hadith which dealswith adultery:
On the authority of Ibn `Umar who said that the Jews came to the Allah's messenger
and mentioned that a man and a woman committed adultery. Prophet Muhammad
in
death)?
find
do
Torah
(stoning
'
Jews:
`What
the
to
to
regarding
al-Rajm
you
said
They replied `We only disgrace and flog them with stripes'. `Abd Allah b. Saläm
him
hand'.
When
he
(one
Jews)
`lift
lifted, it there appearedthe
to
the
up
your
of
said
verse of rajm. They said to Prophet Muhammad that Saläm told the truth, the verse
of Rajm is in the Torah. Then Prophet Muhammad ordered that the two persons
should be stoned to death and they were stoned and I saw the man leaning against the
227
her
against the stones.
woman as to protect
It is reported that some Jews consulted each other and agreed to go to Prophet
228
for
Muhammadseekingrelief
a sentence. Sucha caseoccurredwhen a Jewishman
Prophet
Muhammad
committed
adultery.
woman
asked some Jews about the
and
229
in
it
Torah
is
the
to
in
the same punishment as Islam. Again, the
ensure that
sentence
four Muslim schools of law have different opinions regarding this issue. While the
Hanafiand Malik schoolsbelieve that the two accusedshould not be stonedto death,
the Shäfi`i and Hanbali schools argue that they should be stoned to death if they agree
to accept Muslim courts as arbiters. In addition, the sentence varies according to the
The
Shäfi`i
the
of
accused.
status
and Hanbalischoolsstatethat the sentencefor
marital
is
be
death
to
to
stoned
person
while a single personshouldbe given hundred
a married
226HarfEncyclopaedia, op. cit.
227Al-Bukhärl, op. cit., bäb al-H[ktüd,No.6326.
228 http://hadTth.
Al-islam.com/Displav/Displayasp?Doc=O&Rec=10190,25thJune,2005.
229Al-Qastalani,op. cit., 10:30.
152
People of the Book in the hadith
ChapterTwo
230
for
books
however,
include
lashesand shouldbe exiled
The
one year.
offiqh,
other
long
People
Book
to
the
the
are
applicable
of
as
as they resort to
penalties, which
231
Muslim courts. It should be borne in mind that Islam considers People of the Book
living under Islamic rule (while enjoying international autonomy in religious and most
jurisdiction
be
to
to
the
subject
of Islamic law. Broadly speaking, the
civil matters)
judgements
in
did
detail.
Muslim
jurists
deducted them
these
all
not
mention
a/lädith
legal
built
Another
in
their
theme
this sectionis the caseof
opinions
accordingly.
and
kills
People
Book
the
the
of
a
person
of
a Muslim.
when
It is said that Prophet Muhammad took legal retaliation (qiA$) against a Jew
killing
from
of
a
slave
woman
al-Ansär:
accused
On the authority of Anas b. Malik who said that a girl was found with her head
crashed between two stones. People asked her as to who has done that until she
mentioned a Jew. The Jew was caught and he confessed of his crime. Allah's
32
his
head
be
messengergave a command that
should crashed with two stones.
It canbe deducedfrom this hadith that the retaliationfrom the dhimmi is the sameas if
he had he committed a felony namely, if he kills a Muslim using a sharp weapon, he
killed
be
by
kind
the
same
of weapon. The same kind of punishment is applied
should
233
if
kills
Muslims
dhimmF.
them
to
one of
a
Ibn `Abbas narrates that Prophet Muhammad judged
a certain case relating to
two Jewishtribes:
On the authority of Ibn `Abbas who said that when the verse 5:42
was revealed banü
al-Nadir used to give half of the blood money if they killed another Jew from banü
Qurayzah. If banü Qurayzah killed one of band al-Nadir they
would pay the blood
in
full.
Then the messengerof Allah made it equal between them? 4
money
230Al-Juzairi, `Abd al-Rahman. Al-Fiqh 'aid
al-Madhähib al-Arba'ah. Cairo: al-Maktab al-Thagäft,
2000, V, 76.
231Johansen, Baber. Contingency in a
sacred law: legal and ethical norms in the Muslim fiqh.
Leiden: Brill, 1999, p. l.
232Muslim, op. cit., Kitäb al-Qasämah, No. 3167
233Sharh al-Imäm al-Nawawal 'alä matn
al-Imäm Muslim, 7: 174.
234Abo Dawi7d, op. cit, Kitäb al Agdiyah, No. 3118
153
People of the Book in the hadith
ChapterTwo
leads
judgement
This
diyyah.
to
his
Muhammad
Prophet
regarding
verdict
gave
Book
jurists
People
the
Muslim
the
of
issue
the
when
opinions of
namely
another
(punishments).
in
Muslim
the
of
al-Hudüd
to
the
application
courts
return
did
if
judged
be
Muslims
they
School
not
they
and
The Shäfi`i
as
should
argues that
35
School
it
forced
be
The
Hanbali
to
judgment
they
carry
out.
should
accept the
bring
judgement
to
has
(judge)
to
them
to
imam
the
or
the
that
choice
either
maintains
236
different
leave them if they were of the samereligion or of
religions.
Similarly, another issue needs illustration. Is it legal among Muslim judges and in
Muslim courts to accept the testimony of the People of the Book in cases relating to
Muslims? Although the text we have here is not directly attributed to Prophet
Muhammadbut it introducesa relevanttopic:
On the authority of al-Shu`abi who said that a man was about to die in a place called
Daqüga' and he did not find anybody to take him as an eyewitness on his will except
two dhimmT men. They arrived at al-Küfa and they met Abü Müsä al-Ash`ari (the
judge) and they told him about the man's wealth and will. He said we did not seethat
before (accepting the testimony of dhimmi) during the time of Prophet Muhammad.
He let them swear that they did not change, betray, nor conceal anything regarding
this will and it was the will of the deceasedand his wealth. Then he accepted their
237
testimony.
235Al-Shäf'T, Muhammdb. Idris. Kitäb al-'Um. Beirut: Dar Kutub
alal-`Ilmiyyah, 1963,2:210
236Ibn Qudamah,op. cit., 12:269.
237AbODawüd,op. cit.,bäb a!-Qadä,No.3128.
154
Poll tax (üzya)
ChapterThree
Chapter Three: poll tax (Jizya)
3.1 Introduction
Book,
People
the
that
to
the
traditions
dealing
the
of
refer
In the wake of
prophetic
with
People
deep
how
the
in
the
be
to
of
issue
to
give
perception
of
order
analyzed
need
other
it.
The
different
issue
is
to
jizya
topics
One
in
the
Islam.
theses
relate
and
Book are treated
of
has
historically
been
by
Islam
the
imposed
(poll
concept
with
tax)
connected
ofjizya
question
Muhammad,
by
death
Muslims
In
the
dhimmah.
prophet
after
of
regions conquered
of
Christians and Jews were allowed to keep at least most of their church buildings and
including
burials,
their
activities,
according
religious
worship and other
conduct
synagogues,
to their own rites, and they enjoyed a certain autonomy concerning matters under canonical
law. They would enjoy the protectionof the Muslim governmentprovidedthey paidjizya.
In addition, the concept of jizya has been often criticized by some Muslim and western
humiliation
it
form
as a
of
and oppression of non-Muslim
writers, who characterize
ignore
fact
Others
historical
that
these
the
the
that
counter
criticisms
context and
minorities.
the poll tax was a common practice at the time in most societies. This chapter will illustrate
the developmentsof jizya and the different issuesthat relate to it. This will include the origin
hadith.
in
The
Qur'än
four
Sunni
Shi'ite
Muslim
the
tax
the
this
and
opinions
of
and
of
into
be
The
focus
law
be
taken
consideration.
will
will
of
on the early stageof this tax
schools
during
Prophet
Muhammad's
lifetime.
more specifically
3.2 Etymology of jizya
There are different perceptions among classical and modem writers about the meaning of
jizya. Firstly, al-Jawhar statesthat it meansthe money that should be taken from the ahl al-
155
Poll tax (iizya)
ChapterThree
t
dhimmah).
Ibn Manzür says that it is the money that ahl al-Dhimmah
Dhimmah (people of
2
dhimmah.
The amount of money that should be taken
had to pay to conclude the covenant of
3
from
(reward).
Aghnides claims that jizya
jazaä
from dhimmi people and the word is derived
is derived from jaza means compensation, requital for good or evil4 It is argued that it is
be
for
People
Book
is
jihäd
treated
it
because
the
the
as
not
and
of
will
a
substitute
called so
barbi (a person who belongs to the land of war) people. Lane defines jizya as "the tax that is
Muslim
free
from
of
subjects
a
taken
government; whereby they ratify the
non-Muslim
being
it
for
though
their
them
that
was a compensation
not
protection: as
ensures
compact
5 Bowker illustrates: "the poll tax levied on non-Muslim in Muslim countries is based
slain".
is,
have
s6
It
Muslims
Qur'än".
that
the
to
the
of
equivalent
zakdt
pay.
roughly,
on
It is a tribute of any kind paid by non-Muslim subjects which came to be used as a poll tax.
Al-Nemr, a modern writer, argues that the imam imposes tax on non-Muslims becausethey
Islam
judgments
in
Muslim
that
they
the
to
their
abode
of
providing
within
resort
reside
8 Generally speaking, jizya is
injunction
Muslims
had
that
to carry out and collect
an
affairs.
from non-Muslims as a submission on their part to Muslim rule. Ibn Qudämah (541-620 AH)
is
be
jizya
the
tribute
that
that
taken annually from the unbelievers who reside in
should
says
9
Islam
(dar
land
the
al-Islam) Ibn al-Qayyim (691-751 AH) mentions that it is a tax, which
of
is imposed on unbelievers to humiliate them. He states that the word is an infinitive derived
from the word Jazza (punishment) which means either unbelievers pay it as punishment for
' Al-Jawhari,Ismä'il b. I lammad.Al-5117ä/zCairo: Dar al-Kitäb al-`Arabi, (Year of publicationis
not
6:
mentioned), 2303.
2 Ibn Manzür, Jamal al-Din Muhammad b. Makram. Lesän al-'Arab. Beirut: Dar $Adir; Dar Bairüt,
14:147.
3A1-Fayrilzab5di,
M b. Yahyä.AI-Qamüsal-Muhet Cairo: al-Matba'ahal-llusayniyyah,1911,4:
1955,
312.
° Aghnides, Nicolas Prodromou, Mohammedan theories of finance:
with an introduction to Mohammedan law,
and a bibliography, Lahore: Premier Book House, 1961. p 397
s Lane, Edward william. Arabic-English lexicon. New York: Frederick Ungar Publishing Co, 1:1: 422,18631885
6 Bowker, John. Oxford dictionary of world religions, Oxford Oxford University Press, 1997, 503
:
p.
7Arnold, Thomas Walker, The preaching of Islam; a history
of the propagation of the Muslim faith, London:
Constable, 1913, p.59
8 Al-Nemr,
M al-Khalil. Ahl al-Dhimmah wa al-Welayät al-'Amah fi
Amman: alal-Fiqh al-Islämi,
Maktabah al-Islamiyyah, 1409 AH, p. 12.
9 Ibn Qudamah,Abo MuhammadAbdu Allah b. Ahamad
al-Magdisi (541-620/1147-1223),Al-Moghni, Saudi
Arabia: 1419A.H-1999A.D, 13:202.
156
Poll tax (izya)
ChapterThree
their disbelief or because of the covenant of protection that they concluded with
'0
Muslims.
for
in
have
kind
to
return
pay
Furthermore, the word means a
of taxation that non-Muslims
"
Muslims,
be
borne
in
It
that
Muslim
by
the
mind
should
state.
services given to them
(9:
before
did
the
the
the
verse
revelation of
wordjizya
not use
according to the same author,
/hadith
documents
literature,
different
in
it
the
Thereafter
and agreements
29).
appeared
betweenMuslims and non-Muslims.
12
The Western point of view gives a fuller illustration to the issue of the development of this
Aramaic
is
jizya
Thus,
origin and corresponds with the root of
an
with
tax.
connected
13
is
It
in
this
tribute.
that
the
word
of
origin
a
collective
argued
as
any
case
and
compensation
14
differently
during the `Abbasid period. We
is complex as both jizya and kharäj were used
notice that the same source states:
In the early texts the words Djizya and Kharaj are constantly taken either in the wide sense of
but
interchangeable
head,
in
(Kharaj
the
tribute
on
a
narrower
senses
or
else
apparently
collective
'5
land,
Djizya on the
as well as vice verse.
Ye'Or statesthat jizya is a tax, which should be levied on the head of each subject and Allah
16
it
for
benefit
believers.
imposed
According to Arnold "the
has
the
on the polytheists
of the
denoted
kind
by
jizya
tribute
originally
of
any
paid
non-Muslim subjects of the Arab
word
later
be
but
for
fiscal
to
the
the
came
on
used
capitation-tax
as
system of the new
empire
fixed.
following
became
s17
further
The
illustration
to this term: "in Islamic
gives
rulers
territories, Jews, Christians, and Zoroastrians who did not convert to Islam were required to
"18
The
Jizya.
the
tax
called
payment of this tax, as Esposito claims, would grant the
a
pay
People of the Book the freedom to practice their faith.
1° Ibn Qayyim al-Jawziyyah,Muhammadb. Abo Bakr, (648-726/1250-1325)Ahkäm
ahl al-Dhimmah.Edit.
TahaAbd al-RaufSad. Vol. 1,2.2 vols. Beirut: Där al-Kutub al=Ilmiyyah, 1995,1: 34.
" AbüSulaymän, `Abdul Hamid, Towards an Islamic theory
of international relations: new directions for
Islamic methodology and thought, 2"d ed. Herndon, Va.: International Institute of Islamic Thought, 1993, p.2912Ibid
" See the encyclopaedia of Islam (Djizya). New Edition, Leiden: E. J.Brill, 1960,2: 559-562.
14Ibid.
's Ibid.
16Ye'Or, Bat. Thedhimmi,Jewsand ChristiansunderIslam,NJ: AssociatedUniversity Press,1985, 175.
p.
Arnold, op. cit., p.159.
'$ BritannicaCD software.
157
Poll tax (iiaya)
ChapterThree
In addition,the Peopleof the Book were permittedto have their own religious leadersand
19
family.
Finally, according to
laws in matters of worship, private life, education, and
Brandon,jizya denotes: "poll tax levied on the non-Muslins. If they had come to an agreement
belonged
land
the
to
lands,
their
their
they
their
otherwise
could retain
conquerors,
with
Muslim community and the original owners were employed on it. "20
3.3 The poll tax in pre-Islam
is
It
Islam.
brief
the
tax
to
the
This part will give a
advent of
poll
explanationof
prior
fact,
did
introduce
In
like
Muslims
jizya.
tax,
taxes
that
as
a
such
not
mentioning
worthwhile
Islam.
different
by
before
imposed
discussed,
be
the
of
sovereigns
emergence
was
will
Furthermore,it is maintainedthat the Arab tax systemwas the sameas the Persians,and later
had
between
20
15
to
their
to
tax
the
according
ages
of
and
pay
a
yearly
poll
males
on,
income21Goitein demonstrates
this:
Each adult non-Muslim had to pay a poll tax called Jizya, which was graded according to income,
in
four
two,
the western, formerly the Byzantine part of the
of
one,
or
gold pieces
consisting
Muslim Empire, and their equivalent silver in the eastern, formerly the Persian section?
An equivalent system of taxations was found in some empires before Islam. For example:
The Sasanid Empire had possesseda fiscal system which distinguished between a general tax on
land and poll tax, at rates varying according to the degree of wealth, but from which the
23
aristocracy were exempt.
There was a personal tax from which colonists and non-Christians were exempted24 Sa`di
levied
by
this
tax
that
the Greeks.He comments:"the poll-tax or tribute was
was
also
argues
known to the ancientGreeks,who imposedit on the natives of WesternAsia Minor around
the fifth century B. C. The Romans imposed tribute tax wherever they succeededin extending
their rule. "25
19Esposito, John L. Islam and politics. New York: SyracuseUniversity Press, 1984, 230.
p.
20S.G.F.Brandon, A dictionary of comparative religions, London: Weidenfeld & Necolson, 1970, 376.
p.
21Dennett, Daniel C, Islamic taxation in the classic
period. Copenhagen: Branner & Korch, 1950, p., 15.
22Goitein, S. D, Jews and Arabs: their contacts through the
ages, New York: Schocken Books, 1974, p. 97.
23The encyclopaedia of Islam, op.cit., 2: 559-562.
24Ibid.
25 Sa'dT,`Abd Allah Jam`an.Fiscal policy in the Islamic
state: its origins and contemporaryrelevance.
NewcastleunderLyme: Lyme Books, 1986,p.61.
158
Poll tax (iizyal
ChapterThree
BC
fifth
to
in
Minor
Asia
protect
the
imposed
jizya
century
the
Similarly, Greeks
people of
on
during
imposed
taxation
An
by
Phoenicians.
was
equivalent system of
them against attacks
headKephaletion
"there
the
tax
or
As
Runciman
called
was a
states:
the Byzantine Empire.
Egyptians
"26
Dennett
that
who
to
maintains
tax, possibly restricted
non-Christian subjects.
7
increased
this tax. Besides, this tax and
followed the methods of the Byzantine system
kharäj, which will be tackled later, adopted their names from the Byzantine Empire where
28
in
imposed
identical
Later
tax
was
both of them existed under these two
names.
on, a poll
levied
"Poll
in
England:
taxes
17th
14th
on conqueredpeople
were originally
centuries
the
and
by the ancient Greeks and Romans. In England a poll tax was first imposed in 1377 and was
"29
intervals
1698.
until
reimposed at
Al-Rayyis claims that there are documentswhich prove that there was a tax of twenty
30
head
during
Byzantine
Empire. Bosworth argues that
dirhams per
the early centuries of the
the Jewishcommunitiesof the SassanidPersianand Byzantine Empires also paid
31
this tax
Armstrong states that Jews paid tax to Roman rulers before Islam: "the half-shekel Temple
tax paid by all adult males of Jews was now donated to the temple of Jupiter on the Capitoline
Hill in Rome.i32 Al-Sawwäf statesthat poll tax was imposedon nationsbefore Islam suchas
the Persian and Roman empires and even Christianity imposed it on countries that were under
33
their control. Finally, both the Old and New Testament have verses which indicate that jizya
had to be collected from the non-Jewishand non-Christianpeople. The following example
showsthis:
And they drave not out the Canaanitesthat dwelt in Gezer: but the Canaanites dwell among the
26Runciman, Steven, Sir. Byzantine civilisation. London: E. Arnold &
co. 1933, p. 97
27Dennett, op. cit., p.3.
28 S. Khuda Bukhsh. The orient under the caliphs. Calcutta: University
of Calcutta, 1920, p.67
29"PollTax, " Microsoft® Encarta® Encyclopaedia, 99.
30Al-Rayyis, M. D. Al-Kharäj wa al-Nuzum al-Mäliyyah ft
al-Dawlah al-Islämiyyah. Cairo: Dar al-Ma`Arif,
1969, p-5731Bosworth, Clifford Edmund The protected peoples (Christians
Syria.
Jews)
in
Egypt
the
and
mediaeval
and
.
Manchester: The John Rylands University Library, 1979, p. 17.
32Armstrong, Karen. Jerusalem on city three faiths. London: Harper Collins Publisher, 1996, 154.
p.
33A1-Sawwaf,'All, Al-Wajiz f mu'ämalat ghayr
al-Muslimin ft al-Islam, Amman: al-Mujamma' al-Malaki li
buliüth al-I ladärah al-Islämiyyah, 1994, p. 42.
159
Poll tax (iizya
ChapterThree
Ephraimites unto this day, and serve under tribute" Joshua 16: 10
According to some interpretation of the Bible, the word "tribute" in this context means poll
34
The
it
Romans.
his
followers
to
the
Jesus
is
to
told
It
verse says:
that
pay
tax.
reported
He saith, yes. And when he was come into the house, Jesus prevented him, saying, what thinkest
thou, Simon? Of whom do the kings of the earth take custom or tribute? Of their own children, or
17:
25-26
Mathew
strangers?
of
Another passagewould prove that he agreedto the payment of this tax to Caesar:
Tell us therefore, what thinkest thou? Is it lawful to give tribute unto Caesar,or not? They
he
Caesar
Render
him,
Then
the
things
Caesar's.
them,
therefore
saith
unto
unto
unto
say
17,21
God
God's".
22:
Mathew
Caesar's;
things
that
the
are
and
unto
which are
The poll tax was to be collected from non-Christians the same as it had to be collected from
it
be
In
could
presumed that the payment of this tax was considered a
addition,
non-Muslims.
duty.
following
The
verseshowsthis claim:
religious
For this cause pay ye tribute also: for they are God's ministers, attending continually upon this
dues:
Render
tribute to whom tribute is due; custom to whom
thing.
therefore
to
their
all
very
fear;
honor
honor.
fear
Romans
13:6-7
to
to
whom
whom
custom;
Accordingly, poll tax is not a product of Islam but existed previously. The two sources
which gave rise to the Muslim concept of jizya, mainly the Qur'än and Sunnah that
basis
from
the
which all Muslim jurists developed their juristic reasoning.
constitute
3.4 The origins of jizya in the Qur'än
This section will deal with the Qur'änic verse that refers to jizya and discuss the opinions of
Relevant
traditions of ProphetMuhammadwill also be discussed.The
of
exegetes.
a number
dealings
of ProphetMuhammadwith the People of the Book regardingthese
practicesand
be
to
emphasized. Firstly, Islam made the payment of this tax obligatory on
mattersneed
dhimmis as zakäh was on Muslims, so that they are equal in terms of obligations. This
imposition startedin the ninth year of hijra after the revelationof the verse of jizya. Muslims
benefits
dhimmis
the
from the state'sbudget.
enjoyed
same
and
34The Holy Bible. (on line) Available at: http://www.
elkalima.com.Accessed5t' August2005.
160
Poll tax (izya)
ChapterThree
khardj
dhimmis,
issues
jizya,
discuss
jurisprudence
the
under
books
and
The
of
normally
of
deals
jizya
Qur'änic
headings
The
that
Jihad
runs
book
with
the
verse
of al-Siyar.
the
or
of al
as follows:
Fight those who believe neither in God nor the Last Day, nor hold that forbidden which hath been
forbidden by God and His Apostle, nor acknowledge the religion of Truth, (even if they are) of the
People of the Book, until they pay the Jizya with willing submission, and feel themselves subdued.
(9: 29)
The verse of jizya is from the Medinan period and was revealed while Prophet Muhammad
35
is
The
battle
Tabük.
for
there
the
the
much
part of
verse on which
of
was preparing
discussionis "and feel themselvessubdued"(wahumsäghirün). Juristsand exegetesdisagree
in
it
"Snghirün".
Abü
`Ubayd
the
that
the
word
exact meaning of
either means cash,
states
on
36
it
humiliation.
This
they
they
standing
which
would
word
should
pay
while
are
mean
or
hadith
both
lenient
interpretation
in
juristic
both
books.
Some
to
stringent
and
rise
and
gave
haveerroneouslyviewed this Qur'dnic commandmentas a form of injustice, oppressionand
humiliation of nationsand peopleswho cameunder Islamic rule. Undoubtedlythoseto hold
to this view have neglectedthe great privileges attributed to the rights of those who are
imposedthejizya upon in Islam. Opinionsof the Muslims schoolsof law andQur'än exegetes
Al-Shäfi`i
infinitive
this
(the
that
the
claim.
refute
argues
word
would
of Aghirün)
xghär
means submission of the infidels to the Muslim rule. He adds that infidels might not be
37
dhimmis
fall
Islamic
they
laws
Agnides affirms that the Mäliki
treated as
unless
under the
School state that humiliation of the dhimmis is a matter of obligation and they may not settle
38
by
The jurist Ibn Hazm asserts that the word Saghär means that they
their jizya
proxy
by
law
Islamic
the
abide
and that they should not perform their religious rituals in
should
33Muhammad,Qutb Ibrahim, Al-Syäsah al-Mäliyyah li 'Umar Ibn
al-Khatäb, al-Hay'ah al-Misriyyah al'Amah li al-KitAb,1984, p.51.
36Abu 'Ubayd, al-Qasim b. SallAm, Kitäb
al-Amwäl, Beirut: Mu'assasat NA er li al-ThagAfah, 1981
p. 15.
37A1-ShäfT,Muhammdb. Idris (d.204 AH) Kitäb
al-Um, Beirut: Dar al-Kutub al-`Ilmiyyah, 1993,4:249.
38Aghnides,Nicolas Prodromou,Mohammedantheories finance:
of
with an introduction to Mohammedanlaw,
and a bibliography,Lahore:PremierBook House,1961, p.406.
161
Poll tax (üzya)
ChapterThree
39
familiar
Arabs
Islam
The
jizya
the
among
was not
word
prohibits.
public or permit what
before it was revealed in the Qur'än. Later, it was widely circulated especially in Prophet's
following:
kings.
different
Al-Alüsi
letters
the
that
the
to
phrase
means
asserts
messagesand
that they should be shaken or rebuked while paying it, or they should give it while they are
4°
by
judgments
it
Muslim
they
abide
should
or
means
not riding,
Al Tabar explains that the verse means that Muslims have to fight Jews and Christians
41
in
His
Al-Tabari
the
believe
that
do
Allah
jizya.
they
adds
and
prophet
until
pay
not
who
is
jizya
they
the
that
they
sitting,
while
are standing and
collector
should give
phrase means
thus the payment of jizya is a symbol of humiliation. Al-Mäward1 maintains that the verse
42
it
his
by
On
delegations.
themselves
through
they
that
and
not
comment
should
pay
means
believe
in
do
God",
Al-Mäward1
"those
the
not
states that although
which
says
who
part
on
the People of the Book believe in the oneness of God, this belief can be discarded for two
Firstly,
do
believe
in
do
believe
in
Qur'an
they
the
they
not
and,
secondly,
not
reasons.
43
Muhammad
Al-Mäwardi asserts that the part which refers to humiliation means
Prophet
that jizya is to be levied as punishment for their unbelief. He adds that it could be the price
44
had
for
from
to
the
they
Muslim
they
that
pay
protection
would get
a
state.
According to the al-TUs (385-460 AH. ), the verse means that those who do not believe
in the Onenessof God should be fought. Al-Till
believes that jizya is a kind of punishment
because they do not believe in Prophet Muhammad and do not follow the laws that Allah
45
imposed
39Ibn I"iazm, Muhammad `All b. Ahmad b. Sa'Td. A1-Muhallä. Cairo: Ichrat
al-Mattba'ah alMuniriyyah, 1351 AH, 7:347.
40Al-Alüsi, Shehäbal-Din al-Sayed Mahmüd, ed. `Ali `Abd
al-B. rT `Atiyyah, Rich al-Ma'äni fi tafsir al-Qur'än
al-'A? fm, 16 Vols, Beirut: Dar al-Kutub al-`Ilmiyyah, 1994,5: 271.
41Al-Tabarl, Abü Ja'far Muhammad b. Jarir, Tafsir
al-Tabari al-Musamä jämi' al-Bayän f ta'wil al-Qur'an, 13
Vols, Beirut: Dar al-Kutub al-'Ilmiyyah, 1999,6: 349.
42Al-Mäwardi, `Ali b. Muhammad. Al-Nukat
wa al-'Uyün tafsir al-Mäwardi. Beirut: Dar al-Kutub al-'Ilmiyyah,
1922,2: 114
43Al-MAwardi,Al-Ahkäm al-Sult niyyah wa
al-Weläyätal-Dina yah. Beirut: Dar al-Kitäb al-`Arabi, 1990,p.
252.
44Ibid.
45Al-TGsT,Muhammadb. al-Hassan,al-Tibyänfi tafsiir
al-Qur'än, 6 Vols, Najaf: al-Matba'ahal-`Ilmiyyyah,
236-237.
1957-1963,5:
162
Poll tax (Iizya)
ChapterThree
Ibn `Atiyyah, sharesthe same opinion and adds that Muslims might use force to collect this
46
AH)
(d.
543
Ibn
linguistically
(yad)
to
arguesthat
al-`Arabi
tax since the word
refers power.
it
if
Book
jizya,
they should commit
they
People
the
could afford
the
should pay
of
47
believe
do
Book
People
it
later.
Ibn
that
the
the
not
of
themselvesto paying
al-Jawz states
in resurrection and they took partners with God. As for the last part of the verse, Ibn al-Jawzi
be
forced
by
Muslim
Book
People
to
the
rule.
that
should
payjizya
of
and should abide
says
8
Al-Räzi argues that the People of the Book if they have the same characteristics that the
further
be
fought
He
Islam
jizya.
that
they
talks
until
accept
adds
or
about,
should
pay
verse
the last part of the verse means that People of the Book must be rebuked while payingjizya by
49
by
beards
hitting them on their napes or
pulling their
strongly. According to the same
because
Jews
Jews are either
the
the
the
among
monotheists
verse
excludes
author,
human
former
Allah
The
Almighty.
they
to
the
or
attribute
characteristics
group
monotheistic
S0
be
instead
fought
but
When
jizya
not
should
pay
commenting on this verse, alshould
Nasaff statesthat the verse means that People of the Book had to accept the payment of jirya
is
because
it
it
is
called
so
as a kind of debt that they had to pay. He maintains that the
and
be
delayed
this
tax
of
must
not
and People of the Book should be humiliated while
payment
51Ibn Kathir states that
it.
after the spread of Islam in the Arabian Peninsula, Prophet
paying
Muhammad was ordered to prepare to fight the People of the Book in the battle of Tabük. He
52
be
Muslims
they
that
to
be
humiliated.
Al-Shawkdn
should
not
superior
adds
and should
fighting
in
is
kind
that
the
verse
a
of punishment and it will be evidence against the
suggests
46Ibn 'Atiyyah, 'Abd al-l Iagq b. Ghälib. A1-Mu/iarrar
al-wajiz fi tafsTir al-Kitäb al-'Aziz. Beirut: Dar alKutub al-'Ilmiyyah, 2001,3: 23.
47Ibn al-'ArAbü, Muhammad b. 'Abd Allah. Ahkäam
al-Qur'an, Beirut: Dar al-Kutub al-`Ilmiyyah, 1984,
p.479.
48Ibn al-JawzT,Abü aI-Faraj 'Abd al-Rahmän b. `AIT. Zad
al-MasTrfi 'Um al-Tafsir. Beirut: Dar al-Kutub al'llmiyyah, 2002,3: 318-319.
49 Al-RazT, Muhamad b. 'Umar b. al-Hussayn b.
al-Hassan (544-604 AH), Al-Tafsir al-Kabirr (Maf ti/h alGhayb) 20 Vo, Beirut: Dar al-Kutub al-'Ilmiyyah, 2000,16: 25.
50Ibid, 16:23.
51Al-Nasaf, `Abd Allah b. Ahmad. Tafsiir
al-Nasafi, al-Musammä b madärik al-Tanzil wa ixrgä'iq al-Ta'wil,
Beirut: Dar al-Kutub al-'Ilmiyyah, 2001,1: 493
.
52
Ibn Kathir, Ismä'Tlb. 'Umar b. Kathir al-QurashT
Tafsir al-Qur'an al-'A? fm, Beirut: Dar alal-DemashgT,
Kutub al-'Ilmiyyyah, 1988,2:458.
163
Poll tax (jizva)
ChapterThree
in
down
their
Muhammad
Prophet
because
they said that
was not written
People of the Book,
53Furthermore, the same exegeteadds that People of the Book should be humiliated
scripture.
last
Ibn
the
both
of
that
Al-Mäwardi
part
However,
jiaya.
affirm
al-Qayyim
and
while paying
is
to
They
humiliation.
there
tangible
show
indicate
that
does
evidence
no
argue
the verse
not
his
lifetime
during
Muhammad's
Prophet
or
that any of these practices took place
54
companions.
been
has
from
different
the
The point of views of
what
classical commentators seem
does
last
the
Al-Qäsimi
that
the
not mean
verse
part
of
maintains
mentioned above.
humiliation; rather it means submission to the will of Islam. He affirmed that neither the
kind
behaviour
his
Muhammad
Prophet
the
of
any
proved
of
nor
companions
of
practices
55
Book.
humiliation to the People of the
According to Rida, the verse means that the People of the Book should only be fought if
if
helped
Muslims'
They
Muslims
they
the
should payjizya
or
enemy.
they wage war against
it
by
does
be
The
the
tax.
overburdened
not mean
and
should
not
or
verse
wronged
can afford
humiliation; rather, it means that they should abide by Muslim laws and maintain the Muslim
56
He
sovereignty.
refutes al-Räzi's statement about the monotheistic group among the
state's
57
by
has
base.
As for the
Jews
saying that such statements are only rhetoric that
no scientific
Rida
it
jizya,
have
that
to
the
that
they
to payjizya while
that
verse
refers
added
of
means
part
58
do
have
Muslim
the capability to
they
so and that they should surrender to the
rule. Once
"resigned
humiliated"
law.
"59
"subject
Islamic
the
to
the
means
either
or
phrase
or
more,
According to Jawhari, the verse means that they should pay it in cash or they should pay it
53Al-ShawkanT, Muhammad b. 'AIT b. Muhmmad, Fath al-Qadir
al-Jämi' bayna fannay al-Derayah wa alRewäyah Min 'llm al-Tafsir, Beirut: Dar al-Kutub al-'Ilmiyyah, Year of publication is not mentioned, 2:448.
54Ibn Qayyim al-Jawziyyah, op. cit, p.253.
ssAl-Qasimi, Jamal al-Din. Muhammad, Tafsir al-Qäsimi
al-Musammä mahäsin al-Ta'wil, Beirut: Dar al-Kutub
379-380.
1997,5:
al-`Ilmiyyah,
56Rida, Muhammad Rashid (1865-1935 AD), Tafsir al-Qur'an
al-Hakim al-Mashhür bi tafsrr al-Manär, Beirut:
Dar al-Kutub al-`Ilmiyyyah , 1999,10: 289.
s' Ibid.
saIbid.
59Wahbah,H.W. The ordinancesof government,A translation
of a!-Ahkäm al-Sultaniyyahwa al- WeldyätalDiniyyah.Trans.Beirut: GrantPublishingLtd, 1996,p.159.
164
Poll tax (üzyal
ChapterThree
from
the
be
tax
understood
they
might
should pay such
themselves.He argues that the reason
that
Christians
God
is
Son
Ezra
Jews
said
denotes
the
that
that
and
9:
30
of
said
which
verse
60
to
Book
People
illustrates
the
Qutb
obliged
not
that
the
God.
are
of
Jesusis the son of
Muslim
to
the
have
jizya
community
but
to
Islam
they
make
a
pledge
and
should
pay
accept
61
God
in
the
believe
both
Christians
Jews
be
which
It
that
basis.
and
argued
might
on this
God
human
Jews
to
However,
and
did
characters
some
attribute
not acknowledge.
verse
Christians believe in the trinity, thus they do not believe in God as the only
2
true God.
The verse means that they should not be fought unless they intend to attack Muslims or
it
be
if
is
they
land.
jizya
It
taken
they
not
that
should
and
their
must
can
afford
added
violate
63
be wronged or overburdened Al-Jasäs maintains that the part of the verse, which refers to
Al-Jaäý
but
includes
Jews
Christians
Book
People
sects.
the
other
and
also
not only
the
of
People
Book,
Jews
the
the
talks
two
the
of
and
of
groups
about
verse
says
64
Christians
Lest you should say: The book was sent down to two people before us, and for our part, we
by
learned
6:
156
that
they
assiduous
study.
all
with
remainedunacquainted
After viewing the opinions of the classical and modem exegetes concerning the verse of
jizya, it is concluded that there are differences in the interpretation of the attitudes towards
the People of the Book in the way they should be treated while collecting this tax. Classical
be
humiliated
in
insist
they
that
should
agreementwith their understanding of the verse,
group
different
has
been
The
trend.
there
adopt
a
commentators
point
which
upon
modem
disagreementis the word Sähgirün, which linguistically means either to abide by the Muslim
65
injustice
humiliation
The
does
that
the
and
majority
or
of
exegetes
stated
verse
not
rules
imply humiliation but that People of the Book should follow Islamic rule as long as they
60JawharT,TantäwT,al-Jawähir fl tafsir al-Qur'än al-Karim, Cairo: Matba'at Mustat
awladih, 1350 A. H., 10:102-103.
al-BäbTal- HalabT wa
61Qutb, Sayyed.Fi Zeläl al-Qur'än. Beirut: Dar ihya' al-Turäth,1971,3:1624,.
62A1-JazA'rT,Abü Bakr Jäbir. Aysar al-TaasTr li kaläm al-'Aley al-Kabir. Medina Maktbat
:
al-`Ulüm wa alHekam, 1994,2: 358.
63Al-MaraghT, Ahmad Mustafa. Tafsir al-Marägh. Cairo: Sharikat Maktabat
wa matba'at Mustafa al- BäbT alHalabTwa awlädih, 1946-1953.4: 95
MAI-Jasäs,Abü Bakr Abmad b. All al-RazTal-Hanaft,(d.370 AH), Ahkäm
al-Qur'an, Cairo: al-Matba'ahalBahiyyahal-Misriyyah, 1347AH, 3: 112.
65Ibn Manzür, op. cit., 4:459.
165
Poll tax (iizva)
ChapterThree
Islamic
state.
an
residewithin
hadth
in
jizya
the
3.5 The concept of
focus
Qur'än,
in
the
the
Having given an explanation of the meaning and origin of thejizya
in
hadith
this
the
If
to
Muhammad.
Prophet
study
were
we
be
traditions
the
of
on
will now
in
An
100
al-Bukhäri's
in
found
is
chapter
than
entire
jizya
ahädith.
more
the
word
regard,
In
other
(Chapter
jizya
`ah
reconciliation).
hab
and
of
al-Jizya wa al-Muwäda
sahih titled
alal-Selah,
wa
al-Ber
wa
al-Siyar,
as
al-Jihad
jizya
such
comes under sub-titles
chapters,
before
jizya
did
Muhammad
Prophet
not collect
Zakäh and so on. The traditions affirm that
People
the
it
from
Magians66and
he
the
Later,
of
9:
29.
the
collected
the revelation of verse
hadith
67
in
the
The following paragraph show the existence ofjizya
collections:
Book
Hands
in
Whose
Him
`By
Apostle
Allah's
Hurairah
Abü
my
that
On the authority of
said
judge
descend
Mary
(Jesus,
)
is,
will
the
and
will soon
amongst you
son of
surely
soul
be
kill
break
he
there
just
justly
(as
the
the
no
will
and
cross and
pig
will
a
ruler);
mankind
jizya Money will be in abundanceso that nobody will accept it, and a single prostration to
.
Allah (in prayer) will be better than the whole world and whatever is in it. " Abu Hurairah
Of
is
'And
Holy
Book):
the
(this
there
the
"If
none
of
verse
you wish, you can recite
added
in
him
(i.
Jesus
But
believe
Christians)
(Jews
Scriptures
as an
the
e.
must
and
people of
Apostle of Allah and a human being) Before his death. And on the Day of Judgment He will
be a witness against them. '(4.159)
break
descend,
Judgement,
Jesus
before
the
hadith
Day
cross and
that,
the
The
of
will
shows
hadith,
because
he
jizya
According
the
to
the
either
kill the pig.
will cancel
explanation of
69
be
The
dhimmi
be
there
second example
people
or
will
abundant
no
money.
there would
from
indication
bears
Muhammad
Prophet
jizya
jizya
that
a group of
an
accepted
concerning
the People of the Book, mainly the Magians of Hajar:
`Umar b. Dinar narrates that a letter came from `Umar b. al-Khaiitab one year before his
death and it was read: cancel every marriage contracted among the Magians among relatives
(The
illegal
kinship
in
did
from
Islam).
that
`Umar
jizya
take
ones
are
regarded
not
of close
the Magian infidels till `Abd al-Rahman b. `Awf testified that Prophet Muhammad took it
from the Magians of Hajar.70
66Al-Jasäs statesthat Magians should not be included among the People of the Book and he refers to the hadith
in which Prophet Muhammad said treat them as you treat the people of the book. Al-Jas4, op. cit., 3: 113.
67Ibn al-Qayyim, op. cit., 1:79.
68Seefath al-Bari, 7: 302.
69Ibid.
70A1-Bukhäri,op. cit., bäb al-Jizya wa al- Muwäda'ah,No.2923.
166
Poll tax (izya)
ChapterThree
they
that
Book
the
People
assumption
the
/hadith
on
Magians
either
of
In this
are treated as
hadith
they
that
Muhammad's
Prophet
because
book
commanding
had a revealed
of
or
in
however,
Schools,
four
Sunni
The
agreement
Book.
are
People
the
be
treated
of
as
should
be
Magians
9:
29,
Qur'änic
that
should
hadith
the
state
which
verse
and
the
above
cited
with
71
Magians
from
'Umar
I
jiaya
the
Book
People
the
the
accepted
of
of
a
group
as
considered
of Persiaas well.
2
300
Muhammad
Prophet
people of
Al-Shäfi`i reports that
concluded an agreement with
Aylah that they should pay 300 dinars every year. Al-Shäfi`i
Prophet
that
narrates
Muhammad concluded another agreementwith the Christians of Najrän that they could pay
3
Prophet
jizya
had
kind.
They
treatment
the
in
as
regarding
payment of
jizya
a special
Muhammad implemented a special treaty with them. The hadith under discussion shows
jizya:
collecting
of
example
another
On the authority of Sulyman b. Ahmad through `Abd al-Rahmän b. Ghonm said I heard AbU
`Ubaydah b. al-Jarräh saying that Prophet Muhammad took the jizya from the people of the
4
book..
Ibn Hishäm narrates that Prophet Muhammad received Yühannah b. Rubah, the Christian
(Aqabah),
in
he
jizya
Aylah
to
pay
who
agreed
and
was guaranteed
return,
chief of
for
himself,
his
Ibn
Hishäm's
their
and
safety
people,
account
and
property.
protection
Prophet
Muhammad's
(amän)
Yühannah
terms
to
the
of
guarantee
contain the two
and
important terms of jizya and dhimmah. Traditions command good treatment of people
/hadith
discussion
The
jizya.
be
that
they
under
affirms
should
collecting
never
when
maltreated:
On the authority of Hishäm through his father that Hishäm b. Hakim b. Hizäm happened to
farmers
by
the
people,
some
of Syria, who had been made to stand in the sun. He said
pass
`What is the matter with them? ' They said `They have been detained forjizya'
Thereupon
.
Hishäm said `I bear testimony to the fact that I heard Allah's Messenger as saying: Allah
71AI-Jass, op. cit, 2: 113.
72Al-Sallabi, `Ali Muhammad.Fag a-Khitäbfi sirat 'Umar Ibn al-KhaM-b, Alexandria:Dar
al-Iman,2002,
p.338.
73Al-ShMfi'i,op. cit., 4:398.
74Abü Nu'aim al-Isfahäni,Ma'refat al-Sahxbah,( On line) Available at:
hi!p://www.sonnh.com/Hadith.asox?Tvr)e=S&Hadith]D=564873,9`h
April 2005.
167
Poll tax (üzya)
ChesterThree
5
'.
in
the
torment
those
world.
people
who
wouldtorment
beyond
be
by
taxed
be
oppressed a ruler or
They must be treated with leniency and must not
forbidden
is
it
Abmad
that
in
state
their capacity. Similarly, other versions musnad al-Imäm
heat
the
leave
is
it.
An
them
under
example to
to use ways of torturing against those who pay
hurting
be
tolerance
taken
without
thatjizya
Al-Imäm
with
should
states
the
al-Shäfi`I
sun.
of
6
and
Ibn
Qudämah
the
opinion
Book
same
People
shares
words.
the
rude
with
even
the
of
"jizya
Shemesh
As
Ben
be
this
tax.
states:
oppressedwhen paying
says that they must not
heavy
burdened
in
be
beaten,
the
be
with
nor
standing
sun,
exposed
nor
not
should
payers
Therefore,
leniency.
"77
but
be
by
treated
should
with
similar acts,
weights or mistreated
have
is
to
accepted
Muhammad,
reported
Prophet
after concluding a covenant of protection
jizya from that person:
On the authority of al-'Abbas b `Abd al-`Azim, through Sahl b. Muhammad through Yahyä
b. Abü Zaidah through Muhammad b. Ishäq through `Asim b. `Umar through Anas b.
Malik through 'Uthman b. Abü Sulaymän said: that Prophet Muhammad sent Khälid b. alWalid to Okayder Domah and he was brought to Prophet Muhammad. Prophet Muhammad
78
from
him
him
jizya
accepted
and
of
with
covenant
protection
a
made
Abü
from
be
Arabs,
is
/ladith
indicates
jizya
to
that
taken
what
The
which contradictory
could
9
hadith
from
be
it
Another
Yüsuf stated that should only
reveals that
accepted
non-Arabs.
jizya is incumbent on the People of the Book if they refuse to accept Islam:
On the authority of al-Zubaidi Muhammad b. 'Abd Allah through Isräll through `Ata b. alSaib through Abü al-Bakhturi through Salman (the Persian) that he, Salman, went to a
fortress or a town and said to his friends let me invite them to the same thing that Prophet
Muhammad invited before. He said: "I was a man like you and God guided me to Islam. If
have
If
Islam
like
the
same
you
will
rights
and
you refused you
accept
obligations
us.
you
have to payjizya while you are humiliated. If you refuse to pay it, then we will throw back
80
because
Allah
does
like
the treacherous"
not
our covenant with you
According to the explanation of this hadith, the reason is if they participate in Muslim
's Muslim, op. cit., Kitäb al-Ber wa a! - Se1ahwa al-Ädäb. No. 4733.
76Ibn I lajar al-Haithami, Abü al-'Abbas Ahamd b. `All. Tuhfat
al-Muhtäj bi sharh al-Minhdj, Beirut: Dar alKutub al-`Ilmiyyah, 2001,4: 222.
"Ben Shemesh,A. Taxation in Islam. Leiden: E. J. Brill; London: Luzac & Co.Ltd., A, 1958-1969, 85.
p.
78Abü Dawad, op. cit., bib al-Kharäj a al-Imärah wa a! Fay, No. 3641.
79 'Awn al-Ma'bild fi sharp SunnanAbü Dawüd, Ibid.
80Musnadal-ImämAhmad, op. cit., Kitäb bägi musnad
al-Ansär,bib hadith Salamänal-Fdrisi, No. 22610
168
Poll tax ('iýzya)
ChapterThree
from
jizya.
jurists,
the
they
to
exempted
paying
are
majority
of
military activities, according
Apart from the above-mentioned traditions that prove the application of jizya during Prophet
Muhammad's lifetime, another proof could be found in the letters that he sent to different
kings, which include the order to pay jizya. Among the early classical books that referred to
jirya is kitäb al Amwäl of AbU `Ubayd. The tradition on which he relies to support his
follows:
runs
as
opinion aboutjizya
The messenger of Allah wrote to the people of Yemen calling them to Islam: "He who
Christian
Muslim
he
he
Jew,
is
be
Islam
to
or
as
was
a
a
considered
a
whether
embraces
believer and will have the same duties and rights as a Muslim. But he who sticks to his
Judaism or Christianity he should not be compelled to forsake his religion and he should pay
si
jizya.
3.6 Jizya at the time of the Prophet
3.7 The Covenant of dhimmah ('aqd al-Dhimmah)
This part will deal with the covenant of dhimmah (`aqd al-Dhimmah) that was concluded
People
Book
how
it
is
in
form
The
the
jizya.
the
to
the
of
and
will
show
relates
covenant
with
by
dhimmT
contract
which
a
people pay jizya providing that they abide by Muslim
of
82
judgements. It was originally modelled on the contracts between Prophet Muhammad,
Jewish, and Christian tribes of Arabia during the first decade after the hijra. The jurist Abü
`Ubayd reports that it was a written contract and Prophet Muhammad was the first one to
83
it
Christians
Najr5n.
the
The Hanafi jurist Abü Yüsuf shares the same
of
conclude with
Prophet
Muhammad
imposed
adding
opinion,
regulations and granted the Christians of
84
Najrän rights. This covenant means the acquisition of the status of the dhimmi and it could
85
implicit.
Al-`Awwä
be explicit or
maintains that the covenant was not an Islamic
8'Abü `Ubayd, op. cit., p. 16,
82Al-Nemr, op. cit., 95.
83Abü`Ubayd,op. cit., pp. 85-86.
84Abü Yüsuf, Ya`qübb. Ibrahimal-'Ansäri. Kitab
al-Kharäj. Cairo: al-Matba`ahal-Salafiyyahwa maktabätiha,
1933,pp.72-73.
85Aghnides,op. cit., p.356.
169
Poll tax (izyal
ChapterThree
86
by
Muslims. In this
innovation. Rather, it was common before Islam and was modified
is
"dhimmi"
be
discussed.
The
Arabic
to
the
word
phrase ahl al-Dhimmah needs
connection,
The
from
in
derived
"dhimma",
"being
term
the
the
of'.
noun
which
care
means
an adjective
initially applied to "People of the Book" living in lands under Muslim rule, namely Jews and
Christians. Asian maintains that it is a notion that contributed a partial peaceful religious co87
in
history.
Muslim
Furthermore,
he adds that this title placed them
the
rule
under
existence
88Dumayriyyah
in a remarkablyrespectableposition.
explainsthat ahl al-Dhimmahare those
Muslim
have
They
to
the
the same
state
according
within
a
covenant
reside
of protection.
who
89
Muslims.
In
obligations
as
addition, they follow recognized religions, Judaism
and
rights
because
They
fall
Christianity.
they
are
called
so
under a Muslim state protection due to
and
9°
A dhimmi is the one with whom the covenant of protection was
jizya.
the payment of
91
his
honour
property, religion, and
are guaranteed For a non-Muslim to be
concluded when
eligible to conclude this covenant, the following requirements should be met: he must be sane,
92
fight
mature, adult, and able to
Dennett states that the dhimmT is the one who is connected with the Muslim society
its
benefits
of freedom. He adds that the dhimmt, with some exceptions, has the same
enjoying
rights and obligations as a Muslim citizen. They are non-Muslim residents and ahl alDhimmah generally means Jews and Christians. It would involve those who do not have a
93
book
94
Magians,
Sabaeans,
the
Samaritans.
such
as
The word dhimmi refers to
revealed
and
idolatersand fire worshippersprovided they acceptresidencein any Muslim territory except
86AI-`Awwa, M. Salim, Nezäm ahl al-Dhimmah. (on line) Available form
:
htty: //www. islamonline.net/Arabic/contemporary/2005/07/article0l a shtml,
22"d November 2005
accessed
87Aslan, Adrian. The concept of ahl al-Dhimmah
and Islamic pluralism. The Islamic quarterly, 2003,
XLVII (1) p. 1.
88Ibid.
89Dumayriyyah, `Uthman Jum`ah. Manhaj
al-Isläm fl al-//arb wa al-Saläm. Kuwait: Maktabat Dar al-Arqam,
1982, p-59-
90Muhammad,op. cit., p.53.
91Al-Nemr, op. cit., p.73.
92Ibid.
93They are the worshippers of hell and they
claim that the world has two origins: light and darkness. They are
the oldest sect, they come from Persia, and they were very clever in
astrology. Al-Shaharastäni, Muhammd b.
`Abd al-Karim. Al-Mela! wa al-Nehal, Cairo: Maktabat al-l lusayn
al-Tijäriyyah, 1949,2,55.
9a`Amer, Mustafa X. Tärikh ah! al-Dhimmahfi Mid
al-Isldmiyyah, Cairo: al-Hay'ah al-`Amah li al-Kitdb,
2000,p.297.
170
Poll tax (üzya)
ChapterThree
"compact
95
itself
dhimmah
Khadduri,
the word
means:
Arabian Peninsula According to
(dhamm)
liable
him
to
the
believer
to
violation of which makes
the
respect,
agrees
which
blame".
indefinitely
designate
"the
the
dhimmah
term
to
sort of
used
Finally, the word
means:
to
hospitality
Muslim
protection
the
and
community accord
renewed contract through which
domination
the
of
their
on
condition
of
acknowledging
religions,
revealed
other
of
members
for
from
dhimmis
Muslim
to
most
The
"96
towards
another;
Islam.
varies
one
attitude
have
issue,
few
Islamic
is
it
any
individual,
nations actually
as very
a purely theoretical
is
itself
for
dhimmis
For
term
the
the
that
defined
legally
reason,
at
present.
special status
is
Muslims.
in
Muslim
to
the
unfamiliar
and
many
world,
present
rarelyused
A Muslim state would grant communal and legal autonomy to ahl al-Kitäb. This
includesthe right to collect taxes for their own communal institutions, administer law in
family
freedom
the
and
recognize
of
religious
education
and
worship,
affairs,
and
personal
head
Muhitin
to
the
that
this
the
of
argues
only
given
ahl
community.
was
of
privilege
status
in
during
He
Prophet
Muhammad's
lifetime,
Islamic
that
the
maintains
state
al-Kitäb.
Madinah accepted only Jews and Christians and other groups were added to this category,
97
by
Islam.
The
is
the
the
the
expansion
of
after
covenant
official status granted
particularly
98
Muslim ruling power to the non-Muslims.
The Hanafijurist al-Kasäni saysthat it meansthe covenantby which non-Muslimspledge
99
jizya
follow
instructions
the
themselvesto the continuouspayment of
and
of Islam. He
has
its
basis
in
/hadith
Qur'an
this
that
the
covenant
own
and, Muslim jurists
and
states
'00
its
validity.
unanimously agreed on
95Ibid, 176-177.
'6 Seethe encyclopaedia of Islam. (dhimmah)
New Edition, Leiden: E.J.Brill, 1997, IV: 1032.
97Muhitin, Atman. Islamic perspective of ethnicity and nationalism, Journal
of Muslim minority affairs, 2003,
23. (1) pp. 89-101.
98Oxford dictionaryof world religions,op. cit., 227.
99Al-KasanT,`Ala' al-Din Abü Bakr b. Mas'üd al-Hanafi.Badäi'
al-,Sandi' fi tartib al-Shardi'. Beirut: Dar alKutub al-'Ilmiyyah, 1997,9:426.
100
Ibid.
171
Poll tax (iizy
ChapterThree
Al-Kasan
relies on the Qur'änic verse 9:29 and the traditions that show Prophet
Muhammad's practice with the tribes with which he concluded this covenant. Siddiqi
discussesthis covenant and maintains that it signifies that dhimmi people submit themselves
'°1
live
lands
Muslim
to the Islamic rule and agree to
within
as subjects of the Islamic state.
AbüSulaymän argues that it is "a sort of agreement between Muslim political authorities and
non-Muslim subjects which provides protection for Muslims and peaceful relations with the
it
is
"102
Furthermore,
discussing
the date in when this covenant
subjects.
worth
non-Muslim
was legalized. The beginning of this covenant is uncertain. Al"Kasäni traces it back to either
103
hijra.
Zaidän argues that it was first issued after the conquest
the eighth or the ninth year of
Mecca
and the verse of jizya, which was revealed in the ninth year of hyrah, supports
of
104
this. In conformity with the opinion of some Muslim scholars, some regulations should be
taken into consideration when implementing this covenant: that it should be permanent; the
acceptanceof Muslim judgments when a verdict is issued by a Muslim judge; and that they
105
jfzya.
commit themselvesto pay
Ibn Qudämah added that it is only the imam or his deputy who could conclude this
106
it
is
be
eternal and cannot
covenant, as
amended. Furthermore, Ibn Qudämah, in agreement
jurists,
mentions that the imam can add some regulations to the covenant of
with other
dhimmah such as: hosting Muslim travellers, building and repairing bridges,
and paying the
blood money for a Muslim if he was killed in their lands.107
Al-Sawwäf maintains that becauseof this covenant dhimmi have two commitments. Firstly,
they have to payjizya and state costs in return for the protection they enjoy within the Muslim
state.
101Siddiqi, S. A. Public finance in Islam. Lahore: M. Ashraf, 1948,
3.
p.
102AbaSulaymAn, op. cit., p.28.
103Ibid.
104Zaid. n, `Abd al-Karim. Ahkäm al-Dhimmeyin
wa al-Musta'manin fi dar al-Islam, Baghdad: Baghdad
University Press, 1963, p.22.
losIbn Qudämah, op. cit., 13: 207, Dumayriyah,
op. cit. p. 61.
106
Ibn Qudämah,`Abd Allah b. Ahamadal-Magdisi. Al-Mughni. SaudiArabia: Riyadh, 1999,
13:213.
107
Ibid, pp.213-214.
172
Poll tax (üzya1
ChapterThree
dealings,
`a
their
by
Islamic
penalties, and
the
Secondly, they should abide
shari regarding
'°3 He further states that as a result of this covenant, dhimmis have their religious
courts.
109
Muslim
divorce.
judicial
scholars
freedom and their own
affairs regarding marriage and
implement
has
in
to
included
be
the
is
this covenant and who
right
differ as to who eligible to
it. The Mälik and Hanafi Schools assertthat it would be concluded with all non-Muslims with
l10
be
it
School
Mäliki
The
Arabs.
that
concluded with every nonadds
would
the exception of
Muslim adult male who is able to pay jizya but it cannot be concluded with either a monk or
'
it
is
that
ixrdtthl
to
the
The
insane
prove
on
relies
prophetic
school
same
person.
an
it
is
According
that
to
nonto
states
which
al-Kasäni,
contract
a
all
non-Muslims.
prescribed
112
law
by
He added that it is possible to
Muslims should abide
the Islamic
and pay jizya.
Magians
Book
Arabs
it
People
they
the
the
and
whether
were
or non-Arabs
of
conclude with
113
in
Furthermore, The Hanaff
follow
Book
because they
the People of the
paying jizya.
School clarified the purpose of this covenant by saying that it is basically concluded because
between
Muslims
benefits
for
both
its
to
and
as
strengthen relations
sides, such
numerous
of
114
leader
implement
Only
his
Besides,
this
the
this
an
or
agent
covenant.
non-Muslims.
People
Book
Muslims
the
the
the
to
gives
of
chance
mix
so that they might
with
covenant
115
but
is
Islam
does
it
not aimed and
not aim at collecting taxes.
convert to
The Shäfi and Hanball Schools state that it is to be concluded with all non-Muslims
Qur'änic
is
9:
29
the
to
verse
which
of general significance while the verse of jizya
according
People
Book.
Another
Shäfi`i
jurist
be
demonstrates
it
the
to
the
that
of
only
would
applies
People
Book,
the
the
of
with
other religious groups who follow the Torah and
concluded
Gospel, and those who are believed to have a kind of divine book, namely Magians and
'°8A1-Sawwäf,op..cit., p.38.
109 Ibid.
110
AI-Jasds,op. cit., 3:113.
1On the authority of Buraydah that Prophet Muhammad said that "If
:
you seeyour enemy among the nonMuslims invite them to three things. The second one wasjizya" (the /1adiih is quite long to mention here.
Muslim, op. cit, Kitäb allihäd wa al-Siyar, No. 3261.
112
Al-KasanT,,op. cit., 5:426.
113
Ibid, 9:433.
114Ibid.
115Ibid.
173
Poll tax (üzya
ChapterThree
116
Sabaeans. Al-Sarkhas illustrates that it is becauseof this covenant the People of the Book
became neighbours with Muslims and accordingly they are committed to the judgments of
Islam in issuesrelate to them.
117
Thus, they have the same rights as Muslims. According to al-Kasäni, the covenant could
be dissolved in the following cases:if a dhimmi becomes a Muslim, joins lands of war (dar
"8 Ibn Qudämah statesthat this
dissolved
be
fights
if
he
Muslims.
could
or
covenant
al-Narb)
if the People of the Book do not pay jizya, follow what Islam prohibits, or if they fight
119
Muslims. The covenant is commonly connected with jizya where non-Muslims who reside
by
Muslim
to
themselves
this
tax
the covenant's rules.
pay
commit
a
state
and
abide
within
The Hanafi jurist al-Jasäsmaintains that after concluding the covenant of dhimmah and after
120
has
lapsed.
becomes
jizya
obligatory.
year
one
3.8 The basis of jizya in Muslim jurisprudence
We will now discuss the basis of jizya as it appears in the books of Muslim jurisprudence.
Firstly, Muslim jurists agree that person liable to pay should be male, adult, and free. Muslim
law,
of
according to the Qur'än and sunnah, unanimously agreed on the legality of the
schools
121
Jews,
Christians,
jizya
harbi,
Magians.
Ibn Qudämah maintains that
with
and
conclusion of
jizya is an amount of money that should be levied annually from unbelievers (kuffar) because
they reside in dar al-Islam (land of Islam). He relies on the Qur'änic verse, which has already
been discussed,the prophetic traditions, and the unanimous agreement among Muslim jurists
122
Ibn Qudämah adds that those who pay jizya could be divided
on the acceptanceof jizya.
into two groups. Firstly, People of the Book mainly Jews and Christians and any
group who
follows them.
116AI-Mugadassi, Musa b. Ahmad. Al-Ignä' Ii tnlib
al-Int jä'. Ryadh: Dar'älam al-Kutub, 1999,2: 127.
117Al-Sarkhasi, A1-Mabsilt, (on line) Available form http://www.
:
alwarag.com/, accessed22"a
November 2005.
118Al-KasänT,op. cit., 9:446-447.
119AI-MughnT, op. cit., 13:216.
120Al-JasAs, op. cit., 3: 124.
121Shaman,'Abbas 'Abdullah. Al-'llägäal-Dawlryyahfi
al-Shara'ahal-Islämiyyah. Cairo: al-DAralThagäfiyyahli al-Nashr,1998,p.37.
122
Ibn Qudamah,op. cit., 13:202.
174
Poll tax (ifzya)
ChapterThree
123
his
On
like
Magians.
divine
kind
have
believed
to
religion
Secondly,those who are
of a
a
People
the
the
of
they
Magians,
that
issue
among
were
al-Salläbi states
of
comment on the
be
he
knew
it
they
imposed
that
I
fire.
'Umar
should
Book but worshipped
on them after
only
124
incumbent
it
is
Malik
Al-Imam
Book.
that
on every
People
the
argues
of
treated as the
125
In
to
involves
followers
it
order
Christian
Jew
of other religions.
and even
or
young male
for
As
issue
jizya.
deals
Qur'änic
he
the
his
of
verse which
with
case, relies on the same
prove
hadith
Muhammad
he
in
Prophet
book,
divine
have
do
the
which
uses
those who
a
not
idea
jurist,
Ibn
Rushd,
Malik
Magians.
the
dealing
same
affirms
a
with
showed the way of
126
Magians.
Book
form
People
is
be
the
the
taken
to
tax
and
that
the
non-Arab
of
and states
He statesthat jurists unanimously agreedon that but disagreed on those who have no scripture
127
is
basis
jizya
Al-Imäm
the
but
the
Arabs.
that
Book
People
the
of
al-Shaft
argues
are
of
or
it
is
from
Christians,
Jews,
be
his
He
that
to
taken
and
maintains
race.
person's religion, not
Magians. He reports that Prophet Muhammad accepted the tax from the dhimmi of Yemen
128
Najrän.
Christians
Arab
of
and the
Ibn Hajar al-Haithami, a Shäf ! jurist, maintains that it means the contract or the money that
had
both
Qur'änic
Book
Jews
Christians,
People
the
the
to
to
of
pay
and
the
and
according
129
it.
include
This
Samaritans,
Sabaeans,
jizya,
to
those
the
who
required
pay
will
are
of
verse
follow
Book
Abraham,
Seth
David
Book
the
the
the
to
the
of
son of
psalms
of
of
and
pretend
Adam, and the Magian since they are believed to have a kind of a divine book and the hadt-th
it
form
Muhammad
Prophet
Magians:
the
that
accepted
affirms
On the authority of Buraidah, that Prophet Muhammad said: if you see your enemy among
the non-Muslims invite them to Islam...... until he (Prophet Muhammad reachedjizya (the
hadith is quite long to mention here..130
123Ibid, 204.
124
Al-SalläbT,op.cit., p.338.
125MAlik, b. Anas, Al-Modawwanah al-Kubrä., Place, publisher, and date are not mentioned, 1:241.
'26Ibn Rushd, Muhammad b. Ahmad b. Muhammad b. Ahmad. Bedäyat al-Mujtahid
wa nehayat alMuqta$d. Beirut: Garnet publishing, 2000, p.483.
127
Ibid.
128
Al-Shäfi`T,op.cit., 4:244-245.
129Ibn Hajar al-HaithamT,op. cit., 4: 216.
130
Muslim, Kitäb al lihäd wa al-Syar, No. 3261
.
175
Poll tax (iizya)
ChapterThree
To supporttheir opinion, the Shäfi`i schoolrefersto the verseofjizya and a prophetichadith.
131In accordancewith the school, those who payjizya are required to abide by Muslim rulings
132
issues
Shäfi`Y
for
in
Aghnides,
to
that
the
relate
ritual
matters.
except
agreement with
school, argues that the tax is called jizya becausedhimmis had to pay it as compensation for
beingsparedfrom death.133Al-Kasani statesthat non-Muslims should be classifiedinto three
Firstly,
Jews
Christians
and
who accept the Torah and the Gospel and are eligible
categories.
to pay jizya. Secondly,those who are believed to have a kind of a divine book such as
Magians should be treated as the People of the Book. Thirdly, apostatesArab idolatersjizya is
from
following
is
The
from
kitdb
them.
taken
taken
not
al-Kharäj drawn up by the judge Abü
Yüsuf at the request of Härün al-Rashid. Abü Yüsuf states that jizya is accepted from all
dhimmi people, Magians, Samaritans,134unbelievers and Sabaeansbut not Arab idolaters and
135
apostates.
Ibn Qudämah argues that jizya is accepted from the People of the Book, namely Jews and
Christians and other groups who are believed to have a kind of a divine book. They commit
themselvesto the teachings of their scriptures and act accordingly. Ibn Qudämah further adds
that jizya is accepted from Magians but not any other group. 136A recent source states that
jurists do not agree on the issue of who is liable to pay jizya. Thus, three categories of people
firstly,
Jews, Christians, and those who follow them. Secondly, Magians
this
tax:
pay
should
(as proved by a hadith). Thirdly, apostatesfrom whom jurists agreed that jizya should not be
137
Abii `Ubayd maintains that this tax is accepted from the Arabs
taken.
as Prophet
Muhammad acceptedit from the people of Yemen and from the Christians of Najrän. He
adds
that it should also be taken from Magians as `Umar I the second Caliph took it from the
13'Ibn Ilajar al-Haithami, op. cit., 4: 216.
132Ibid 15.
133Aghnides, op. cit., p.396.
134A group of people belonged to the children
of Israel and they came form a tribe called Sämer.
"35AbüYüsuf, op. cit., p. 128.
136
Ibn Qudamah,op. cit., 13:pp. 203-208.
137
Al-Müjaz, op. cit., p.40-41.
176
Poll tax (iizya1)
ChapterThree
law
138
Muslim
that
of
From
schools
Persians.
the above-mentioned
opinions,we can conclude
judgment
decisive
is
This
both
Christians.
is
incumbent
Jews
tax
a
on
and
agreedthat this
hadith
Prophet
Muhammad.
Qur'än
the
to
the
of
authentic
and
according
3.8.1 Dar al-Islam, Dar al-$ul p, and Dar al- al-Narb
Before searching the issue of jizya deeply, let us look at the following terms: dar al-Islam,
dar-al-Narb, and dar-al-Sulk This division was neither the product of the Qur'an nor sunnah
but it was the Utihädof laterjurists. It could be arguedthat this division cameas a result of
the concept of jihad in Islam. These terms were coined by Muslim jurists after many years of
the adventof Islam with respectto the situationwhich prevailedin their contemporaryworld.
They symbolically divided the world into placeswherethe Islamic religion is dominant,and
is
it
not.
placeswhere
Dar al-Islam
Där al-Islam, or the abode of Islam, generally signifies a geographic location, which enjoys
Muslim control where the law of Islam prevails.139'Abdu maintainsthat its inhabitantsare
Muslims and non-Muslims and they are guaranteedas to their faith, people, and possessions
140
dhimmis.
In
the
order to enjoy these rights, they should be subject to certain restriction
of
that a Muslim state would impose. It appearsthat there is a misunderstanding among Muslims
due
to the connection between dar al-Islam and dar al-Narb and the
orientalists
and
assumption that the only relation between the two countries is war. In fact, this is not the real
dar
When
talk
about
we
al-Narb, it does not necessarily mean that there should be war
case.
betweenthe Muslim and non-Muslim country. Whereasdar al-Narb refers to any nonMuslim country which does not conclude a peaceful treaty with Muslims, dar al-Islam means
the areawhere Muslims live.
138
Abü `Ubayd, op.cit., p.22
139Seethe encyclopaedia of Islam (Djizya) Vol. 2,
new edition, Leiden: E.J.Brill, 1965, p. 127
140Ibid.
177
Chapter Three
Poll tax (üzya'}
Dar al-Sulk
has
but
is
Muslim
house
treaty
the
Dar al-Sulk or
which
control
of
a place not under
friendly relations with Muslim territories. In Muslim tradition, the precedent for dar al-$ul/]
is the treaty that Prophet Muhammad concluded with the Christians of Najrän. Dar al-Sulk
by
Muslim
but
troops
territories
conquered
not
are
where the residents pay a
which
are
141
The question that shall be
tribute, the payment of which guaranteesa true or armistice.
is
basis
between
is
Muslims
the
the
which
relations
and non-Muslims
upon
what
now
posed
do
jurists
Muslim
be
According
the
to
of
a
state?
al-Zuhaili,
should establishedoutside sphere
issue.
different
jurists
He
One
there
three
this
that
are
on
argues
agree
opinions.
of
group
not
brink
declaring
be
(`lägät
the
the
two
that
of
on
parties
should
war
against
each
other
argue
Narb).Another group maintain that Islam supportspeacenot war and that a personcould not
be killed because he does not follow Islam. Finally, the last group states that the basis on
which the relations between Muslims and non-Muslims is peace unless Muslims are
142As it has been
attacked.
mentioned that these terms coined by Muslim jurists after many
years of the advent of Islam, therefore, it could be argued that it is irrelevant to apply the old
dar
al-Islam and dar al-Narb on the contemporary world.
concept of
Dar al-Narb
Där-al-Narb is the land of war or the abodeof war and it includes those countries
where the law of Islam is not in force, especially in the matter of worship and the protection
143
faithful
dhimmis.
Somejurists specify conditions so as to define ddr
of the
and
al-Narb. It
is stipulated that the majority of the population should be
non-Muslims and the prevailing law
should not be Islamic. Dar al-Narb refers to the territory under the hegemony of unbelievers,
which is on terms of active or potential belligerency with the Domain of Islam, and
ºatIbid.
'42Al-Zuhaili, Wahbah. Al-Wajiz f
mu `amalat ghayr al-Muslimin f al-Isläm. Amman: alMujamma` al-Malaki li buI üth al-Illadärah al-Islämiyyah, 1994,
82-86.
pp.
143
Seethe encyclopaediaof Islam. (Dar al-Narb) Vol.2, new
edition, Leiden:E.J.Brill, 1965,p.126
Poll tax (izya)
ChapterThree
'44
law
The
its
domain.
the
in
living
nonMuslims
of
hostile
and
authority
the
to
presumably
Muslims are enforced therein. Although neither the Qur'an nor the sunnah mentioned these
later
imposed
but
they
on.
were
conditions
3.8.2 Types of ji7ya
This section will show the different types of jizya. The Maliki jurist Ibn Rushd mentions
imposed
is
kind
by
force
first
from
The
jizya.
and
results
conquest
that there are three types of
from
been
have
The
type
they
a negotiated
overpowered.
second
results
upon the enemy after
for
is
is
liability
It
`ushr.
is
The
to
there
that
third
type
either
maintained
no
related
settlement.
145
Book.
Al"Kasäni believes that there are only two
`ushr or zakäh upon the People of the
be
has
Firstly,
jizya
taken according to an
jizya.
that
amount
a
specific
and
should
types of
is
People
Book.
between
Muslims
An
the
the
the case when
of
and
example
agreement
Prophet Muhammad made an agreementwith the Christians of Najrän. Secondly,jizya which
146
force.
imposes
Book
land
by
A
People
Muslims
when
the imäm
of the
on the
occupy a
different
is
jizya.
First
`unwiyyah
(that
imam
the
of
shows
a
classification
source
recent
imposes unilaterally according to his discretion when a land is occupied by force). The Qur'an
do
kind
but
it
is
left
is
discretion
Second
this
to
imam.
the
the
not
specify
of
and sunnah
Sulhiyyah (accomplished through mutual agreement). This amount can only be specified
147
dhimmah
it
involves.
Like the Shäfi School, Ibn
the
the
through
covenant of
and
articles
Rushd counteracts this view and says that the Sulhiyyah type is not fixed either in the
in
it
but
the
that these matters should be settled among
or
person
who
should
pay
obligation
148
jurists.
Finally, the Encyclopaedia of Islam states: "this tax could be of three sorts,
Muslim
it
levied
to
was
whether
on the individuals as such, or on the land, or was a
according
14 Zahid, Muhammad Ishaq Zahid. Glossary of Islamic Terms. (on line) Available
at:
httn //www. islam101.com/selections/ lossaryCD html accessed7`hJune, 2006
iasIbn Rushd, op. cit., p.485-486
146Al-Kas*n7, op. cit., 9: 444
14'Al-SawwAf,op. cit., 43-44
148
Ibn Rushd,op. cit, pp.485,486
179
Poll tax (/izya)
ChapterThree
kind
"149
to
tribute
of
unrelated
any
assessment.
collective
3.8.3 The amount of jizya
This section will discuss the amount of jizya to be paid and the variant opinions of the
Muslim schools of law. It will be noted that while the Qur'än does not refer either directly or
indirectly to this topic, the hadith has some examples. In addition, some Muslim jurists, in
/7adith,
the
set a minimum and maximum amountofjizya while othersonly
agreementwith
left
is
It
the
to
to
and
a
minimum
amount
maximum
political authorities.
worth noting
referred
that Muslims did not change the amount of jizya but followed the fiscal system which
before
Islam.
Thomas
is
"there
explains:
prevailed
evidence to show that the Arab conquerors
left unchanged the fiscal system, that they found prevailing in the lands they conquered from
the Byzantines."iso It is maintained that, because of the expansion of Islamic states and the
Islam
different
to
of
remote
parts
of
countries, the system of jizya was modified to
spread
151
This modification was not confined to the basis of jizya
cope with current exigencies.
but
it
involved
its application and regulation. It is reported that `Umar I introduced a
alone
new measure according to the capability of the tax-payer at the rate of forty-eight dirham on
the rich, twenty dirham on the middle class, and twelve dirham on the poor. 152Initially, this
tax was estimated at one dinärls3 or its equivalent and this rate was based on the traditions of
Prophet Muhammad who is reported to have told one of his companions to take one dinar
from the Christians of Yemen. It should be noted that the assessmentof the jizya is disputed
among the schools. Al-Imam al-Shäfi`i states that Prophet Muhammad acceptedjizya from
both the peoples of Aelia (Jerusalem) and Yemen and the amount was
'54
dinär.
However,
one
both Al-Jasäs and Ibn Hazm concluded that jizya could also be collected from
if
women they
'a' Seetheencyclopaedia
of Islam(Djizya)Vol.2, newedition,Leiden:E.J.Brill, 1965,p.563.
AsoArnold,
cit., p.5.
op.
's' Muhammad, op. cit., p.53.
152 Ibid.
's' The nameof the gold unit of currencyin Islam. It is
approximately4.55 grams. Seethe Encyclopaediaof
Islam, (dinar) Leiden:E.J.Brill, 1960,2:297.
154
Al-Shafi`T,op. cit., 4:398.
180
Poll tax (üzyal
Chfiter Three
his
Muhammad
Prophet
They
of
some
(`alä
that
ordered
added
al-Sulh).
wajh
agreed
Yemen
from
female
from
its
dinar
each adult male or
or
equivalent
commandersto take one
155
territories.
In agreementwith other jurists, al-Qurashi shares the same opinion: "I did not know that
Muhammad
hadith
in
Prophet
from
be
through
the
jizya could
which
women except
collected
56
jizya
Christian.
Malik
from
Meccan
"
In
that
dinar
states
a
contrast, al-Imam
acceptedone
be
but
it
decreed
by
Muhammad
from
Prophet
be
taken
should
women as was not
should not
'57
from
adult males above puberty.
collected
Like otherjurists, Ben Shemeshstatesthat the amountof jizya is the sameas imposedby
`Umar I but he addsthat it could be paid in kind. He arguesthat this amountshouldnot be
158
but
it
be
if
it.
decreased
liable
It was
increased
the person
could
was unable to afford
different
individual
in
line
three
the
at
with
male
rates
economic
each
condition
of
assessed
above puberty.
A1"Nawäwi, a Shäfi`i jurist, says that if they were rich it should be four dinärs otherwise, it
159
dinars
be
jurist
Another
two
or
more.
of the same school maintains that this amount
should
if
be
People
the
raised
of the Book agreedto it, otherwise it should remain at one
could
160
dinär.
The Hanbalijurist Ibn Qudämahhas two opinions about the amount of jizya. Firstly, it
be
levied
accordingto the practiceof ProphetMuhammadand `Umar I who imposed
should
it in the presenceof some of the companions and it went unopposed. Secondly, the amount of
jizya should be left to the discretion of the imam who has the right to increase or decrease
IssA1-Ja$5s,op. cit., 3: 117.
'56AI-Qurashi, Yahya, b. Adm. Kitäb al-Kharäj. Cairo:
al-Matba'ah al-Salafeiyyah wa Maktabätiha, 1347 AH.,
73
157
A1-Shafi`i,op. cit., 6:248.
158
Al-QurashT,op. cit., pp.23,70,84.
'59A1-Imam
al-Nawawl,op. cit., 4:221.
'60Al-Räzi, Muhammadb. `Umar.Al-Tafsir
al-Kabir (majätih al-Ghayb),Beirut: Dar al-Kutub aI-'Ilmiyyah,
16:26.
181
Poll tax (ifzya)
ChapterThree
Thus,
161
its
be
levied
type.
to
jizya
it.
Al-Kasani explains that the amount of
according
should
jizya
Secondly,
is
by
this
levied
the
jiaya
through mutual agreement set
agreement.
articles of
imposed by the imäm's force should be forty-eight dirhams162on the rich, twenty-four on the
163
lower
Hanafi
jurist
The
Abü
Yüsuf
the
that
and
the
twelve
states
poor.
on
middle class, and
in
his
letter
b.
in
According
'Uthman
Küfa.
to
this,
by
limits
'Umar
Hanf
to
a
are set
upper
dirhams,
forty-four
a man of average wealth must pay twenty-four
must
pay
man
rich
dirhams, and a poor man twelve dirhams. He says that the imäm is bound by this and cannot
164
be
included
different
This
it
three
the
classesof
collected
annually.
should
and
amount
alter
Furthermore,
AbU
Yüsuf
middle-class
and
rich.
poor,
classifies the amount of this tax
people:
is
For
jizya
to
tailors
merchants,
each
profession.
person's
physicians,
and
artisans,
according
he
it
for
Thus,
be
forty-eight
dirhams
the
to
the
makes.
according
profit
should
measured
165
for
labourers.
for
Dennett
the middle class, and twelve
the poor
wealthy, twenty-four
be
found
in
that
the SassanidsEmpire before Islam. He
a
similar
classification could
claims
"a
distinction
between
thus
the privileged class consisting of the
sharp
was
made
argues:
166
"
It is related
ruling, military, priestly, and educated aristocracy and those who were ruled.
that Constantine, the Patriarch of Syria, asked `Umar to impose a tax and the latter imposed
forty-eight dirhams for the rich, twenty-four for the middle class and twenty for the poor. Ibn
Rushd confirms that the amounts levied by `Umar: four dinärs for those who pay in gold and
forty dirhams for those who pay in silver. 167It should be noted that Sunni jurists do not agree
on the amount of jizya. According to Ibn Rushd, this disagreement is attributed to the
168
issue.
the
traditions
that
to
this
Dennett maintains that each male between
refer
variations of
16'Al-MughnT,13:pp. 209-210.
162The silver unit of Arab monetary system from the
rise of Islam down to the Mongol period. It falls
between 4.11-4.15 grams. See the Encyclopaedia oflslam. (dirham) Leiden: E.J.Brill, 1965,11:319320.
163Al-Kasant, op. cit., 9: 444.
164
Abo Yüsuf, op. cit., pp.,36,122.
165
Ibid, 124.
'66Dennett,op. cit., p.15.
167
Wahba,p. 484.
168
Ibid.
182
ChapterThree
the age of twenty and fifty was compelled to pay jizya of four and
Poll tax (L Uýa
169Abü
dirhams.
twelve
`Ubayd refutes this claim and statesthat the amount was estimated according to the People of
the Book's capability to pay. He affirms that this amount did not exceed one dinar unless the
Abü
his
by
`Umar,
In
introduced
the
to
comment on
measures
person was able afford more.
`Ubayd states: "Had `Umar known that jizya was at the rate prescribed by the Prophet, he
170
it.
would not have changed
Arnold argues that this amount should not constitute a burden and in return it releasedthe
People of the Book from compulsory military duty undertaken by Muslims: the collectors of
thejirya were instructed to show leniency and refrain from all harsh treatment of the infliction
171.
in
".
Historical sources show that the
case of non-payment.
of corporal punishment,
leniency
this
tax
towardsthosewho paid sucha tax.
of
showed
sympathy
and
collectors
Other authors such as 'Amer172and al-Memmi173argue that there is no fixed amount ofjizya
it
be
left
discretion
to
the
should
of the imam. This amount varied from place to place
and
according to the economic condition. Doi agreesand maintains that the amount of jizya is not
fixed but it is set by ruling authorities of the time. 174Al-$alläbi states that the amount of this
tax was not levied due to the varying economic conditions. He added that it would be
175
if
it
in
kind
was paid
such as crops and cattle. Thus, collecting this tax took into
accepted
consideration the capability of the People of the Book.
The last thing that should be considered is upon what kind of commodities should jizya
be levied? The Hanbali and Shäfi'i schools say thatjizya can be levied on all kinds of wealth.
The proof on which they rely is the hadith, which specify that the amount of jizya is
one dinar
or its equivalent. On this issue, Ben Shemesh comments: "it is collected once a year and it
in
kind,
i.
in
be
paid
e. beasts of burden, goods and similar property which is accepted
could
169Dennett, op. cit., p. 15
.
"° Abü `Ubayd, op. cit., p.25.
"'Arnold, op. cit., pp.59-60.
172`Amer, op. cit., p.300.
173Al-Memmt, Hassan Ahl al-Dhimmah fi
al-Hadärah al-Islämryyah. Beirut: Dar al-Gharb al- IslAmT,1998,
.
174Doi,Abdur Rahman I. Non-Muslims under
shari `ah (Islamic law), London: Ta Ha publishers Ltd, 1983, p.59
175Al-Sallabº, op. cit., 340.
183
Poll tax (jizya)
ChapterThree
it
kind
be
in
the
its
"176
Yüsuf
Abü
jizya
that
was
to
as
could
paid
also
states
value.
according
Prophet
in
both
Yemen
Najrän
to
Christians
them
the
cloth
of
and
of
paid
when
case of
Muhammad.'77 Muslim jurists agreedthat the amount of jizya should not be taken from some
articles that Islam prohibits such as wine and pork. However, AbU Yüsuf says that these
be
be
for
jizya, as was the case with the
the
sum
raised
could
sold and
used
articles could
178
One could argue that the amount of this tax does not differ from one school
`Umar.
Caliph
to another.The only difference is the method by which it can be collected. Abü `Ubayd
dinar
he
dirhams
during
his
ten
that
the
twelve
time
equals
value
of
one
or
and adds
mentions
17,
be
that the tax should
estimated according to the economic capability of the people. It is
first
leniency
Islamic
that
the
towards the payment of this tax as it was
state
showed
argued
it
in
instalments
to
pay
or the payment itself could be postponed until better
possible
180
conditions were met.
3.8.4 When is jitya due?
This part will show when this tax is due in the opinion of Muslim jurists. The Mäliki jurist
Ibn Rushd maintains that it is due after the completion of one full lunar year.181Al-Kasäni, a
Hanafi jurist, agrees with the Mälik
School and adds that it was not collected after one full
182The Hanabli jurist
states that it should be collected at certain time and it should be
year.
'83
for
Muslims.
treated as zakäh
3.8.5 When isjizya waived?
3.8.5.1 Conversion and death
Thereare instancesin which jizya becomesinvalid. Muslim Sunni schools law disagree
of
176Ben Shemesh,op. cit., p. 84.
"' Abu Yüsuf, op. cit., p. 120.
178Ibid, op. cit., p. 122.
179
Abü `Ubayd,op. cit., p.25.
180Laskin, Mahmüd al-Mursi, al-Tanzfm Al-muhdsabi li
al-Amwpl a! - 'Ämmahf al- Dawlah al-Islämiyyah,
Beirut: Dar al-Kitäb al-Lebnan 1977, p. 129.
,
181Ibn Rushd, op. cit., p. 485
182Al-Kasäni, op.cit., 9:446.
183Ibn Qudämah, op.cit., 13:212.
184
Poll tax (iizva)
ChapterThree
jurist
that
The
Hanafi
in
argues
jizya
al-Kasäni
the
case of conversion.
on the application of
dies.
it
for
liable
Islam
or when the person
jizya is not to be taken in the casesof conversion to
184
Yüsuf,
Abü
jizya.
hadith
Muslim
another
that
from
must not pay
He quotes
the
which says
Islam
has
to
from
be
it
converted
a person who
collected
Hanafijurist, states that should not
'85
be
is
jizya
to
However,
that
collected
lapsed.
has
full
al-Shäfi`i
maintains
year
until one
186
jurist,
Ibn
Qudämah,
Islam.
Hanbali
al-Imäm
and
to
if
a
the
converts
non-Muslim
even
lapses
before
if
dhimmT
Islam
is
to
one year
Malik argue that jizya
converts
not collected a
if
187
School,
in
that
Hanafi
Qudamah
the
a
Ibn
to
invalid
is
it
that.
contradiction
adds,
after
and
dhimmi dies,jizya is collected form his heirs. Abü `Ubayd argues that if a dhimmi converts to
188
Islam at the end of the year, fizya is not to be collected from him for that year. The
following illustrates this:
Those individuals who preferred not to convert were required to pay a special tribute, usually
in the form of a poll tax or head tax known as the Jizya. But those who chose to convert, in
189
fiscal
footing
be
Muslims.
theory, would
with other
placed on an equal
3.8.5.2 Failure of protection
The second case in which the payment ofjizya becomes void is when a Muslim state fails
to protect the People of the Book. This is shown by the example which occurred between
Khälid b. al-Walid and the people of lira during the Caliphate of `Umar. Furthermore, the
jurists,
if
Muslim
be
Book
to
People
this
tax,
the
to
the
according
must
of
returned
payment of
be
defend
People
Muslim
Book.
Yüsuf
to
Abü
to
the
the
state
proved
unable
gives the
of
a
following reports: "After getting on peaceful terms with the people of Syria and collecting the
dues of thejirya, news reached Abü'Ubaidah that the Byzantines had amassedtheir troops to
He
him.
sent messagesto the rulers of cities with whose citizens he had made peace,
attack
to
to
their subjects the paid dues of the jizya, with an instruction to tell
them
return
asking
184
Ibid, p.445.
185Ben Shemesh,op. cit., p. 84.
186 Ibid.
187
Ibn Qudamah, op.cit., 1:221..
'88Abü`Ubayd,op. cit., p.28.
189
Britannica.
Encyclopaedia
185
Poll tax (ii
Chester Three
a
the
because
have
the
hereby
of
to
the
'We
news
of
us,
paid
these:
you
money you
return
if
but,
God
the
will
we
to
enemy,
against
troops
us
victory
grants
attack
us,
amassed
enemy
190
between
'
keep up to the promise and covenant
us.
3.8.5.3 Elapse of time
The third case is the elapse of time. There is disagreement among Muslim jurists regarding
kharäj
Hanafi
jurist
is
be
jizya
issue.
Al-Kasäni
that
type
the
to
of
says
this
a
considered
be
it
but
is
levied
if
it
jizya
that
that
will
year
not
remains unpaid after one year, means
which
taken the next year.
191
4.8.5.4 Participation with Muslims in military activities
If dhimmi people fought alongsideMuslims to defend Muslim lands, dhimmi are exempt
from payment.On this issueArnold comments:"it is very noticeablethat when any Christian
192
in
Muslim
from
the paymentof this tax.
army,they wereexempted
peopleserved the
In additionto the four points listed above,thereare other instancesin which the paymentof
jizya becomes void. It should not be collected if a dhimmi becomes poor, unable to work or
becomes old. An example of the last case is when `Umar I found an old Jew asking for
financial help. The Caliph gave an order that it should not be taken from the old people
Jews
Christians.
Another
is
and
example
among
what Khälid Ibn al-Walid did with the
Hira.
He
"When
is
too old to work or suffers a handicap, or when he
of
said,
a
person
people
falls into poverty, he is free from the dues of the pull tax; his sustenanceis provided by the
Moslem Exchequer." In his book "al-Khar/j, " Abii Yusuf says, "No Jizya is due on females or
infants.
"
young
3.8.6 Who is exempted from paying jizya?
Accordingto the Sunni Muslim Schoolsof law, somecategoriesof peopleare exemptfrom
190Abü Yüsuf, op. cit., p. 139.
191Al-Kasäni, op. cit., 9: 446.
192Arnold, op. cit., p. 61.
186
Poll tax (i ya
ChapterThree
following
School
types
The
that
the
Hanbali
jizya.
of people should not pay
argues
paying
have
boys
from
be
those
is
Jizya
who
taken
jizya.
not yet at maturity, women,
young
not to
is
blind,
(as
diseases,
them),
the
poor
against
not
waged
old
people
war
chronic mental
banal
Christians
dedicate
time
to
the
their
of
entire
worship, and
people, monks who
193
Al-Shäfi`i agrees but argues that jizya should be taken from monks and old
Taghlib.
194Al-Mäwardi., a Shäfi`i jurist, maintains that all four Muslim schools of law agreed
people.
that those who have chronic mental diseasesshould not pay jizya. He further adds that jizya
195
hermaphrodites,
lunatics.
levied
boys,
be
or
on
women, slaves,
cannot
The Maliki School says that those listed by the Hanbali are exempt from payment as well.
As for monks, in agreement with the same school, if they communicate with people and do
196
it;
for
dedicate
be
their time
worship, they should pay
otherwise, they are to
exempted.
not
The Maliki jurist Ibn Rushd states that there is disagreement about categories such as the
insane, the crippled, and monks. These cases should be left to the discretion of the imam as
197
Al-Kasäni, a Hanafi jurist, asserts that jizya is not to be
ijtihäd.
they are a matter of
from
women, young men who have not reached maturity, ill and old people, and the
collected
blind. He maintains that the tax should be taken from monks who are able to work, as they
198
be
fight.
would also able to
The Hanafijurist Abiz Ytisuf illustrates that it jizya should not be taken from the Christians
199
Taghlib,
banü
Christians
Najrän,
the
blind,
the
the crippled, and monks.
of
of
poor, the
Agnides argues that anyone who does not have legal responsibility must pay jizya as he is not
193The reasonfor not taking jizya from banü Taghlib
as the same author argues is that they were very
powerful people and they told the Caliph `Umar that they would not pay it as a tax but they can pay
it as charity. The caliph made an agreement with them that they pay it as charity but he
considers it
Jizya. Ibn Quddmah, op. cit., 13:224.
194Al-Shäfi`T, op. cit., 4: 248-249.
195Al-MäwardT, op. cit., p.255.
196Xzya Jami' al-Fiqh al-Islämi, (on line) Availabel
http:
//fegh.
Alat:
,
islam.com/Display. asp?DocID=80&MaksamID=1&ParagraphID=401&Sharh=0,
22nd Nov-2004
acessed
197Ibn Rushd, op. cit., p.484.
198
Al-Kasäni,op. cit., 9:439-442.
199
Abu Yüsuf, op. cit., p.122.
187
Chapter Three
Poll tax (iizya)
200
fit to defendthe Muslim state Al-Shäfi`i statesthat jizya is not collected from women,
0'
illness.
those who have not reached the age of maturity, and those who have mental
Broadly speaking, jizya is imposed only upon men. Thus, it does not apply to women,
jurists
dar
if
insane.
Muslim
happens
that
to
to
the
al-Islam
say
a woman
come
children, and
land
in
for
is
in
live
jizya,
the
the
to
there
of
payment of
exchange
she allowed
reside
and
Islam andjizya must not be collected from her.
3.8.7Jizya today
Let us take a quantumleap forward to our own ageandtry to find an answerto this question:
Are the Peopleof the Book still obliged to payjizya today in the samemanneras before?It
large
be
is
that
there
a
number of the People of the Book who live within
noted
should
Muslim lands. Non-Muslim religions include Judaism, Christianity and even Buddhism.
Nowadays, most of Muslim countries do not fully adhere to Muslim practices. The laws they
derived
from
laws
French
in
law
Egypt. Such countries do
the
are
colonial
such
as
use
civil
not treat non-Muslims as the People of the Book, which may lead to the invalidity of
imposing jizya. Broadly speaking, most Muslim countries today do not differentiate between
Muslims and the People of the Book with regard to military service; this is main reasonsfor
imposing jizya.
Zaidän argues that since dhimmi people undertake joint military activities with Muslims
longer
they
are
no
nowadays,
obliged to pay the tax. He maintains that the whole issue of
202
is
irrelevant
jizya
today. Finally, jizya is mainly a balancedsystem constructedbetween
Muslims and non-Muslims of Islamic states.
3.8.8 Is the jizya tax oppressive?
One question remains to be answered. Is the jizya oppressive or
a punishment against the
200Aghnidesop. cit., p.403.
201AI-Shafi`T,
op. cit., 4:248.
202Muhitin,
op.cit.
Poll tax (üzva)
ChapterThree
have
a
as
This
come
might
misconception
Book,
People of the
as some sources presume?
Ibn
reiterates,
that
If
al-Qayyim
tax.
this
meaning
one
we consider
result of some meanings of
dhimmi
"the
appear
Lewis
Similarly,
must
for
states:
find
jizya
punishment.
that
stands
we
disdain
him
even
and
treat
head,
tax
bowed
that
the
with
back
must
bent
collector
and
with
illustrates
Dennett
like
°'203
his
the
his
and
cheeks,
slapping
and
chin
with violence, seizing
duties
they were unable
the
to
in
tax
royal
and
priestly
"while
theory the poll
was compensate
degradation
badge
social
of
to
a
mark
and
tax
the
discharge,
a
of
amounted
of
to
payment
inferiority. "204
To the same effect, Goitein claims that this tax was the means to emphasisethe second-class
05
illogical
be
the
discrimination.
It
on
than
would
an economic
status of non-Muslims rather
force
intention
the
jizya
to
harbour
leaders
the
Muslim
to
as
a
means
of
using
part of early
People of the Book to embrace Islam and, at the same time, to conclude with them a security
bind
the
to
of
their
covenant
and
crosses
and
churches,
possessions,
protected
which
pact
the
Messenger,
His
to
that
Covenant
Allah,
to
the
of
to
the
and
protection
of
of
protection
Orthodox Caliphs and the believers as will be seenin the next chapters.
If we take for grantedthat jizya is an oppressivetax, the following quotation showsthe
Christian
by
leaders
that
they
entered
carried
were
out
non-Muslim
when
severemeasures
cities:
"After six years of a war that was permeated by many setbacks, Hercules managed in 628 to
hands
homeland
fell
into
his
Raha,
Syria
the
the
the
of the
city of
of
ancestors, which
and
recover
Persiansafter Khosrau II had overrun it (600-614), laying waste to it. He had invaded Damascus,
terrorized its inhabitants, killing and imprisoning them, and destroyed the Church of Resurrection
its
looting
treasuresand masterpiecesamong which was the real cross."206
after
To addressthe above-mentioned allegation about the imposition of jizya as an oppressive
Book,
it
People
the
the
of
should be noted that the choice was initially given to the
tax against
People of the Book that either they payjizya or fought.
203Lewis, Bernard. The Jews of Islam. Princeton, N. J: Princeton University Press, 1984, 15.
p.
204Dennett, op. cit., p. 15.
20$Goitein, op. cit., p.97.
206Hitti, Philip Khuri, History of Syria: including Lebanonand Palestine,London:Macmillan, 1951,p.3
189
Poll tax (lizya)
Chapter Three
This was based on the following: Firstly, it applies only to those who launch attacks against
from
lands
fight
their
is
it
to
Muslims. Secondly,
subjects
who prevent
rulers of conquered
be
fought
Thus,
their
the
that
they
or pay
than
would
own.
order
adopting religions other
decree
in
juristic
but
it
is
that
judgment
decisive
that
is
jizya
should
apply
cases
a
all
not a
is
jizya
In
Zaidän
from
that
the above-mentioned situations.
addition,
mentions
would result
it
have
it
been
Islamic
Had
that
the
nobody
so,
would
contradicted
principle
punishment.
not
207
been
had
have
He
it
it
been
Islam.
be
that
to
adds
punishment, should
should obliged accept
imposed on all the People of the Book and nobody would have been exempt. No clear
humiliate
imposed
People
Book
to
tax
the
the
that
this
since
was
or
punish
of
shows
evidence
208
Muhammad
his
Prophet
it was neither the practice of
nor
companions.
Similarly, AbU Yüsuf maintains that the People of the Book should not be beaten to collect
from
them, nor made to stand under the heat of the sun, nor should any hateful thing
money
209
bodies,
be
but
leniency.
Commenting on this
treated with
inflict their
that they should
issue, Siddiqi states:
Prophet Muhammad of Islam seems to have departed from the Persian and Byzantium
systems of Poll tax but in this departure there seemed to be no desire to humiliate the nonMuslims or treat them as second class citizens? '°
Doi statesthat this tax is not obligatory and it could be waived whenever it is necessary211.
It
be
by
that
the
argued
problems
raised
some writers is the imposition of tribute orjizyah
could
institution
This
has
been
all
non-Muslims.
so misinterpreted and misexplained that the
on
feel
it
is
kind
that
some
of religious-based discrimination against them. This is
non-Muslims
not the case.All the jizyah amounts are to be a financial obligation placed upon those who do
his
Zaknh.
In
have
to
pay
comment on this issue, we find Arnold maintains:
not
This tax was not imposed on the Christians, as some would have us think,
as a penalty for
their refusal to accept the Muslim faith. Rather, it was paid by them in common with the
207Zaidän, op. cit., p. 147.
208Ibid, p.35.
209Abü Yüsuf, op. cit., p.123.
210Siddiqi, Mazheruddin.Developmentof Islamic
state and society, Lahore: Institute of Islamic Culture, 1956, p.
35.
211Doi, op. cit., p.58.
190
Poll tax (üzya
Chapter Three
from
them
dhimmis
the
state whose religion precluded
or non-Muslim subjects of
other
for
by
in
the
for
in
them
the
the
of
the
arms
secured
protection
army,
return
serving
Muslims. 212
Finally, this tax cannot be considered as punishment where we find that Islam does not
forsake
it
be
does
Muslims
Book
their
People
to
to
them
own
the
the
nor
compel
of
compel
his
Prophet
be
It
this
the
the
and
would contradict
practice of
religion. cannot a punishment as
both
Book.
It
be
levied
People
jizya
Islam
the
the
that
on
of
might
argued
companions with
Jews and Christians which would accordingly lead to discrimination against them. This tax, as
it has been stated in the foregoing pages, is not an Islamic invention but it was levied on
different nations before the emergenceof Islam.
3.8.9 The purpose of imposing this tax
It is necessary to understand why this tax was imposed. In other words, why should the
People of the Book pay it? The imposition of this tax is primarily based on the Qur'änic verse
(9:29). A1-Sarkhas comments that the reason for imposing jizya is because non-Muslim
for
are
eligible
military service andjizya should be paid every year exactly as Muslims
adults
213Al-Qaradäwi
argues that it is a small amount of money imposed on adult men
pay zakäh.
from the People of the Book according to their wealth. He maintains that it is generally a
for
Muslim
duties
two
namely zakäh and jihad and since these two duties are
substitute
214
Muslims,
Non-Muslims
to
to
are not required carry them out
peculiar
Furthermore, `Abd Allah states that it is a levy that non-Muslims had to pay to a Muslim
215
for
lives
it
their
thus
Zaidän argues that jizya is
ransoming
and
state
represents surrender.
for
in
return
protection enjoyed by the People of the Book in a Muslim state. He adds
paid
that Islam did not order the People of the Book to defend its lands, and hence this tax
Z"' Arnold, op.cit., pp.60-61
213Al-SarkhasT,Muhammad b. Ahmad. 'Usül
al-Sarakhs7,Abü Bakr Muhammad b. Ahmad b. Abü Sahl,
Beirut: Dar al-Kutubal-'Ilmiyyah, 1993,p.108.
214Al-Qaradaw3,op. cit., PP.34,61.
215'Abd Allah, M YAsIn. AN a-Islam
wa ahl al-Dhimmah.Cairo: publisheris not mentioned,1998,p.48
191
Poll tax (iizya)
ChapterThree
for
in
it
is
their
Thus,
fight
if
Muslims216.
becomes invalid
they
return
again
alongside
217Manaan comments: "it is a tax which was imposed on nonprotection and security.
Muslims in return for the guaranteeextended to them by an Islamic state for the protection of
"218
for
from
lives,
their
service.
military
exemption
their
properties, religious rights and
According to al-Qaradawi, the significance of paying jiaya is in return for public services that
from
living
in
benefit
Book
the Islamic state. They should contribute
People
the
the
of
219
different
kinds
of taxes.
towards expensesas Muslims pay
Muhammad demonstrates that since dhimmi became citizens of an Islamic state and it is
220
both
defend
had
Jews
Christians
Muslims
to pay this tax.
a
state,
such
and
should
who
only
In addition, Siddiqi shows the purpose of payment of this tax: "non-Muslims enjoyed double
benefit i. e. exemption from military service and the guarantee given to them by the state for
the protection of their person, property, religious rites, and honour.s221 Lügä assertsthat as it
is paid instead of military service which neither Jews nor Christians can partake, it is a tax of
222
It is maintained that this tax was collected to
defence and security for a Muslim state.
23
People
in
Book
lands.
the
the
AbüSulaymän states
the
the
of
safety of
guarantee
conquered
that the purpose of imposing jizya is to guarantee the freedom of faith to the People of the
224
Book.
Let us now look at this issue from the Western point of view. Margoliouth statesthat there is
difference
betweenjizya
kharäj.
Thus, he maintains: "for the difference between
much
and
no
the tribute paid by the Christians and the alms paid by Moslems might seem to be purely a
216Zaidän, op.cit., p. 144.
217Ibid.
218Mannan, Muhammad Abdul. Islamic economics: theory
and practice. Boulder: Westview Press, 1987, p.246.
219A1-Qaradawi, Yüsuf. Ghayr al-Muslimin fi
al Mojtnma' al- Islämi. Cairo : Maktabat Wahbah, 1992, p.36.
220Muhammad, op.cit., p.53.
221Siddiqi, Amir Hasan. Non-Muslims
under Muslim rule and Muslims under non-Muslim rule. Karachi:
Jamiyatul Falah Publications, 1969, p. 11.
222Lüga,NZami.UmarIbn al-Kha(äb
al-Batal wa al-Mathal wa al-Rajul, Cairo, MaktabatGharTb,1983,p.205.
22'Asian,op.cit., pp.1-2.
224AbüSulayman,`Abdul Hamid. Towards Islamic
theoryof internationalrelations : newdirectionsfor
an
Islamicmethodologyand thought.Herndon,Va: InternationalInstituteof Islamic thought, 1993,p.27.
192
Chapter Three
Poll tax (jizya)
difference in name."225 Furthermore, Dennett argues that jizya was to compensate for the
226
Goitein
discharge.
duties
Book
People
to
the
the
that
unable
were
of
royal and priestly
explains: "it is repeatedly stated in Jewish and Muslim sources that payment of the poll tax
life
it
benefit
because
designated
"protected"
that
whose
a
person
a payer as a
was sometimes
it
in
-)M7
Sometimes
had
People
Book
the
to
the
order to
pay
of
and property were safeguarded.
enjoy protection and to remain unmolested. Margoliouth argues: "certain communities were
to be allowed to remain outside the Muslim brotherhood, unmolested on condition of their
it
is
"228
from
Arnold
People
Book
that
to
tribute.
the
the
the military
argues
release
of
paying
229
is
incumbent
Muslim
fellows.
on their
service that
225Margoliouth, D. S. The early development
of Mohammedanism: lectures delivered in the University of
London in May and June 1913, London : Williams and Norgate, 1914, p. 100.
226Dennett, op.cit., p. 15.
227Goitein, S. D. Jews and Arabs: their
contacts through the ages New York: Schocken Books, 1974,
p. 97.
Margoliouth, op. cit., 99.
229Arnold, op. cit., p.59.
Land tax (Kharäj)
ChapterFour
Chapter Four: Land tax (kharaj) and tithe ('Ushr)
4.1 Introduction
Kharäj (land tax or tax on agricultural land) was among the issues that were important during
the early and medieval centuries of Islam. This was due to the fact that as the territories of the
Islamic empire expanded, the cost of managing and administering the state increased
correspondingly. Hence, a number of works had been written on khardj and taxation policies.
The works differ in certain aspects; some are judiciary works (like that written by Abü
Yüsuf), while others are simply collections of traditions on kharäj or works that describedthe
ways through which this tax was collected and accounted for (like that written by al-Qurashi).
This chapter will deal with another form of taxes, kharäj. The origin of this tax and when it
startedis an important issue.
4.2 Etymology
According to lesän al-'Arab, kharäj is derived from the infinitive kharj which means
'
from
the
tribute
that
their
outcome or
people pay annually
wealth. The Encyclopaedia of
Islam statesthat khardj is derived via Syriac from the Greek2 Al-Zubaidi claims that kharäj
3
that
meansa certain amount of money
people pay according to their wealth. Yet, it can also
mean outcome and the origins of this word is found in the Holy Qur'än at verse 22:73.
Khardj means either outcome or hire and it standsfor what should be given out of produce of
5
land.
Lane explains, "a tax or tribute which is taken from the property of people; which is
the
forth
yearly, a tax upon land, or grain derived from land.s6 Somejurists used the word
given
kharäj to refer to jizya, for example, Abi! Hanifah said that no dhimmi should be left in the
1Ibn Manzür, Jamal al-DTnMuhammad b. Makram. Lesän
al-'Arab. Beirut: Dar Sadir; Dar Bairüt, 1955,4: 459.
2 Seethe encyclopaedia of Islam, (Kharaj) Vol. 4,
new edition, Leiden: E.J.Brill, 1965, p. 1030.
3 Al-ZubaidT, Muhammad Murtada
al-HusaynT,Täj al-'Arils, Matba'at Hukümat al-Kuwayt, 1965,5: 519.
4 Ya,%Qtal-HamawT,Mu jam al-Buldän, (on line) Available form http://www.
:
alwarag.com/, Accessed
25 December2005.
s Al-MawardT, Abi1 al-Hassan'AlT b. Muhammad b. Habib
al-BasrT,Al-Ahkäm al-Sultäniyyah wa al-Weläyät alDiniyyah. Beirut: Dar al-Kitäb al-`Arabi, 1990, p.262.
6 Lane, Edward william. Arabic-English lexicon. New York: Frederick Ungar
Publishing Co, I: 1: 719
194
Land tax (Khardn
ChapterFour
7
kharäj
denoting
jizya. Some authors state that Kharäj is
land of Islam without paying
in
(covenants
indirectly
directly
`uhüd
of peace),
some
al-Amän
or
mentioned either
8
denote
in
`Ubayd
Arabs
jizya
Iran.
Abü
to
that
the
those
rent
claims
nomad
used
especially
9
be
kharäj
Ibn
Rajab,
According
to
the
that
collected
means
should
money
and seedproduce.
found
is
in
denoted
It
that
the
tax
times1°.
was
argued
word
general and
and paid at specific
"
with reference to various specific taxes.
Zaidän claims that it could have other meanings
than tax such as outcome and spoils of war, and it only came to denote tribute during the
Umayyad caliphate.12
When kharäj is used to mean tax, it specifically refers to land tax. Furthermore, Tabätabä'i
levy
has
imdm
that
the
the
to
some taxes if it would be in the interest of Muslims.
right
argues
He illustrates: "Sunni scholarshold that the imam has the authority to levy any new tax within
the bounds of the interests of the Muslim community, and that kharäj is an instance of this
13
"
generalrule.
Kharäj has both a general meaning and a specific one. As for the former, it means the
money that a Muslim state takes from non-Muslims and gives it to those who need it, the
latter one meansthat tax which a Muslim leader imposes on productive lands.
Yet, Al-Mäwardl mentions that the word refers to an outcome or wage in Arabic and it is
the tax that should be taken from lands as duties. He further adds that the payment of this tax
dependson juristic reasoning.14In addition, the word stands for tribute and generally means
15
is
imposed
lands.
an amount of money, which
on
7 Zaidän, `Abd al-Karim, Ahkäm
al-Dhimm yyin wa al-Musta'manin ft dar al-Isläm, Baghdad: Baghdad
University press, 1963, p. 158.
8A.A, Narim. n. Mu'ämalat ghayr
al-Muslimin fi al-Dawlah al-Islämiyyah. Cairo: al-Hay'ah al- Misriyyah
al-`Amah li al-Kitäb, 1995, p.,53.
9 Abu `Ubayd, AI-Qasim b. SallAm, Kitäb
al-Amwäl, Beirut: Mu'assasatNäser Ii al-Thaqafah, 1981, p.39.
t0 Ibn Rajab, `Abd al-Rabman b. Ahmad. Al-Istikhräj li
ahhkäm al-kharäj. edt, `Abd Allah al-$iddiq. Beirut:
Dar al-I ladäthah, 1982, p.7.
u Ibid.
12Al-Rayyis, M. D, AI-Kharäj wa
al-Nuzum al-Maliyyah fi al-Dawlah al-Islamiyyah, Cairo: Dar al-Ma'äref,
1969,p.9.
13Tabätabä'T,H. Modaressi. Kharäj in Islamic law. London:
Anchor PressLtd, 1983, p. 83.
14AI-Mäwardi, op. cit., p.262.
Is Zaidän, op. cit., p. 158.
195
Land tax (KharC711
Chapter Four
divinely
it
is
books
that
sanctioned
Arabic
a
the
shows
classical
A recent translation of one of
16
kharäj
tax
a
Barakät
that
Muslims.
means
to
argues
pay
that
should
unbelievers
payment
17
is
It
tax
the
increase.
increase
as state expenses
levied on lands, the amount of which could
it
has
lands
fruits
as
for
the
significance
had
their
same
Book
to
and
and
People
the
pay
that
of
denote
it
literature
18
to
Arabic
technical
specifically
used
jizya. The same source adds that
19
Ye'Or
that:
Once
Empire.
Ottoman
formation
states
the
before
more,
least
the
of
land tax, at
lands
nonthe
of
Islamic
conquered
of
ownership
over
the
community's
"this tax represents
different
to
tax
that
this
is
was subject
Muslim peoples.9920 It
worth noting to say
interpretations at different times.
21
is
khardj
land.
Johansen
(charity)
that
is
the
a tax
argues
of
The word kharäj the sadagah
22
law,
Islamic
According
to
landed
property should pay.
that the private proprietors of
23
lands.
title
to
the
of
conquered
this
tax
ownership
state-held
acknowledges
of
payment
Finally, it is:
The origin of the concept of the kharaj is closely linked to changes in the status of nonMuslims and of recent converts to Islam in newly conquered Islamic territories. The
indigenous Jewish, Christian, or Zoroastrian populations of these territories were permitted
24
Islam
their
previous religious affiliations.
or to maintain
either to convert to
4.3 Kharäj in pre-Islamic times
As stated in Chapter threejiaya was implemented by other nations before Islam. The same
in
land
kharäj.
Al-Qurashi
heard
the
"we
be
to
that
was
maintains:
our
regard
with
said
can
hands of the Nabts who used to pay kharäj to the Persians when the latter conquered their
25
imposed
kharäj.
lands. When Muslims defeated the Persians they surveyed the lands and
16Wahbah, H. W. The ordinances of government, A translation of al-Ahkam al-Sultäniyyah wa al- Weläyät alDiniyyah. Trans. Beirut: Grant Publishing Ltd, 1996, p. 158.
" Barakät, `Abd al-Karim Sädiq. Al-Igtisäd al-Mali al-Isläml : Diräsah mugaranah bi al-Nu? um al-Wag'iyyah.
Alexandria: Mo'assast Shabäbal-Jämi`ah, 1984, p.565.
18Narimän, op. cit., p.53.
194: 1031, op. cit..
20Ye'Or, Bat. The dhimmi, Jews and Christians under Islam, NJ: Associated University Press, 1985, p.52.
21LOkkegaard,Frede. Islamic taxation in the classic period. Copenhagen:Branner & Korch, 1950, p.
78.
22Yohansen, Baber. The Islamic law on land tax and rent. London: Croom Helm, 1998, p.7.
23Ibid, p. 8.
24Encyclopaedia
Britannica,CD-Software.
25Al-Qurashi,
Yahyä,b. Adm. Kitäb al-Kharäj. Cairo: al-Matba'ahal-Salafiyyahwa Maktabätiha,1347AH, pp.
196
Land tax (Kharäfl
Chapter Four
Kings
they
Persian
back
when
the
to
era of
Ibn Rajab assertsthat the origin of this tax goes
from
27
the
kharaj
Tabätabä'i
that
Iraq.
comes
states
initially imposed it on the Sawäd26of
the
from
Aramaic,
Persian
via
or
from
Akkdian,
through
Persian language and ultimately
in
in
Persian,
in
namely
Syriac language from Greek. He writes: "it was used the same way
its
in
legal
technical
in
the
taxes,
usage
in
tribute
specific
and
the
or
of
sense
usage
general
land
tax
"the
further
Tabätabä'i
Besides,
of
"28
pattern
land
tax.
comments:
meaning of
Kharäj
Sassanids.
the
as
Eastern
that
in
of
followed by the caliphs the
provinces was generally
"29
Baynes
in
that
system
development
that
long
an
equivalent
had
states
empire.
land
tax
a
a
"thus
Empire.
He
the
Byzantine
in
which
main
structure
land
the
argues
tax
prevailed
of
it
land
finance
Byzantine
tax:
the
was
the
everywhere
was
the
of
structure
whole
supported
issue
deals
"30
In
Runciman
the
same
with
addition,
severity.
uncompromising
with
enforced
kharäj.
He
during
Byzantine
Empire
that
to
the
of
similar
and statesthat there was a taxation
based
land-tax,
to
the
fundamental
the
of
"the
value
according
zeugaratikion,
was
explains:
indication.
first
"3t
fifteen
the
it
land
year
of
each
years,
the
every
as was assessed
Al-Rayyis reiterates the same opinion and adds that the Byzantine Empire imposed
different kinds of taxes but the most important of which was the land tax. Initially khardj had
32
kings
Persia
in
kind.
further
Al-Rayyis
later
it
in
but,
that
be
of
states
was paid
to
paid cash
33
Khanij was
harvest.
by
taking one-tenth or half of the
divided crops with the landholders
it
Romans
levied
Persians
the
the
tributum
and
at the time of
among
was
on
called
34
It can therefore be presumed that kharäj is not only confined to
(531-579).
Anüshirwdn
Islam but can also be found in other religion and states.
21-22.
26The territory included lengthwise between Hadithah and `Abbadan both on the Euphrates, and in breadth
between the streams `Udhayb near Kufah, and Hulwan. Aghnides, op. cit., p. 363
.
27Ibn Rajab, op. cit., p. 11.
28Tabätabä'T, op.cit., p. 1-3
29Ibid 28.
30Baynes,Norman Hepburn. The Byzantine Empire. New York : AMS Press, 1977, p. 99.
31Runciman, Steven, Byzantine civilisation. London: E. Arnold &
co., 1933, pp. 96,97.
32A1-Rayyis, op. cit., p.49.
33Ibid
.
34Siddiqi,op. cit., p. 35.
197
Land tax (Kharäi)
Chapter Four
The following verse shows that it was applicable among the Jews:
Furthermore, the king should know that if this city is built and its walls are restored, no more
13
4:
Ezra
be
duty
the
will
suffer.
venues
tribute
royal
receive
and
taxes,
paid,
will
or
The word tribute in this context is translated as land tax, which shows that this tax was levied
long before Islam.
4.4 The basis of kharäj in the Qur'An
After searchingthe Qur'an deeply,only two verseshavebeenfound to refer to the word
kharaj:
"Shall we then render thee tribute in order that thou mightest erect barrier between us and
them." 18:94
"Or is that thou askest them for some recompense?But the recompense of they lord is best:
He is the best of those who give sustenance." 23: 72
Exegetes do not have much to say about the meaning of kharäj. In agreement with the
first
in
kharj
be
Qur'an,
kharäj
the
the
the
verse
could
of
word
read
as
or
andmeans
readings
has
to pay as revenuefrom his land, land tax, or everything
that
of
money
a
person
an amount
35
his
In agreement with some exegetes, the second verse
that a person pays out of
wealth.
land
than
tax. Al-Qurtubi says that the word in the first verse
wage
or
price
rather
means
36
fay
;
jizya
tax,
the
or
while
secondverserefers to wage or sustenance. He addsthat
means
it
that
agree
only appliesto thosewho are able to fight. In his commenton the first
scholars
verse,alTabar expressesthe opposingview and saysthat the word kharäj in the first verse
in
it
the
wage
and
second
verse,
meansthe amountof money that shouldbe paid from
means
37
one's wealth. Like other commentators,Ibn Kathir affirms that both words mean great
38
reward.
35Al-Shawkäni, Muhammad b. 'All b. Muhmmad. fath
al-Qadir al-Jämi' baynafanny al-Deräyah wa alRewäyah min 'ilm al-Tafsir. Beirut: Dar al-Kutub al-'Ilmiyyah, 1996,3: 612.
36 Al-Qurtubt, Muhammad b. Ahmad, d. 1273, A!
li
'ahkäm
al-Qur'an, Cairo: Dar at al-Kutub al-Ami'
Misriyyah, 1933-1950,11: 141.
37Al-Tabari, Abü Ja'far Muhammad b. Jarir, Tafsir
al-Tabari al-Musamä jam! ' al-Baydn ft ta'wil al-Qur'an,
Beirut: Dar al-Kutub al-'Ilmiyyah, 1999,13: 98.
38Ibn Kathir, Ismä'71b. `Umar b. Kathir al-Qurashl
al-DemashgT,Tafsir al-Qur'an al-'Az'm, Beirut: Dar al198
Land tax (Kharä )
Chapter Four
Al-Qäsimi states that the word in the first verse means an amount of money that people
39
Al-Syüi
the
giving.
means
second verse
should give out and
shares the same opinion and
40
have
similar meanings
saysthat the two words
4.5 The concept of kharaj in hadith
This section will show the existence and meaning of kharäj in the traditions of Prophet
Muhammad. The word kharäj is not very common in the hadith collections. It can be argued
deal
issues
focus
few
kharäj
that
to
with
a
on
the ahädith which refer
might not necessarily
the tax itself. The first example shows that this tribute was levied in the early days of Prophet
Muhammad. The hadith reads:
On the authority of Malik through Humaidthat Anas b. Malik said: Allah's Messengergot
himself cupped.His cupperwas Abü Taibah and he (Prophet Muhammad) commandedto
(an
`
Arabic
dates.
He
)
him
(AbraTaibah)
(Prophet
Muhammad
sä
old
measure)
one
of
give
talked with the membersof his family and they lightenedthe burden of kharäj (tax) from
him41
Although this hadith refers to the existenceof kharäj, it doesnot necessarilymeanthat the
tax was applied during Prophet Muhammad's time. It is merely an example to show the basis
hadith
in
it
have
been
developed
during reigns of different Muslim
the
and
word
could
of
caliphs.Tabätabä'iaffirms the sameopinion and states:"to prove the validity of kharaj as a
land tax, Sunni jurists usually resorted to the consensusof the Prophet's companions"42
Anotherexamplethat refersto kharäj is the following hadith:
On the authority of `Urwa through his father said that ProphetMuhammadjudged that kharaj is
duebecauseof the guarantee(That the seller givesto the buyer)43
Accordingto the explanationof this hadith, kharäj here dealswith a different theme,namely
Kutub al-'Ilmiyyyah, 1988,4: 401.
39Al-Q5simii, Jamal al-Din. Muhammad, Tafsir
al-Qäsimi al-musammä mahäsin al-Ta'wil, Beirut: Dar alKutub al-'Ilmiyyah, 1997,7: 67,297.
40Al_SyGtº,Jaläl al-Din'Abd al-Rahman b. Abü Bakr, Al-Durr
al-Man! hür fi al-Tafsir bi al-Ma'thür, Beirut: Dar
25.
2000,4:
al-'Ilmiyyah,
al-Kutub
41Al-Bukhara,op. cit., Kitäb al-Buyü, No. 1960, Harf EncyclopaediaCD-ROM
of Hadith,, version 2. Cairo:
2001. Muslim, Ibid, Kitäb al-Ber wa al-selahwa al-'Adab No.4733.
42Tabätabä'T,
op. cit., p.84 .
43Al-Termidhi, op. cit., bäb al-Buyu`,No. 1207.
199
Land tax (KharaT)
Chapter Four
if somebodybought something and found it to be defective, the buyer has the right to return it
imposes
issue
if
buys
hadith
deal
The
the
and
a slave,
somebody
to the seller.
with
could also
fault
him
in
for
discover
that
him
time,
then
task
a
the
a
revenue
a
and
may
of
producing
upon
the seller had concealed; wherefore he has a right to return him and to receive the price of the
forbid
in
has
been
back.
It
that
the
that
there
previous chapter
stated
are some a/lädith
slave
Muslims from making the People of the Book suffer because of not paying taxes. The same
kharäj.
The
follows:
be
to
passage
runs
as
an said with regard
On the authority of `Urwa through his father that Hishäm b. Hakim b. Hizäm happened to
pass by some people in Syria who were standing under the heat of the sun and olive oil was
being poured upon their heads. He said: What is this? It was said: They are being punished
for (not paying) the kharäj... Thereupon he said: I heard the messengerof Allah saying that:
Allah would punish those who torment people in this world (without any genuine reason).44
This hadith affirms a decisive principle that none of the People of the Book should be
harmed when paying kharäj but this tax should be collected with justice and clemency. None
of the reports prove that Prophet Muhammad or any of his companions used harsh methods
for collecting taxes.
4.6 How is kharaj viewed by jurists?
Kharäj applies to lands that could be cultivated or reclaimed. Unlike jizya, kharäj is paid
by both Muslims and non-Muslims alike. This tax was initially applied to non-Muslims,
though it was later extended to include Muslims as well. It is based on three primary criteria:
land,
the
type of crops cultivated, and type of irrigation used. Thus, land irrigated
of
quality
by rains is distinguished from land irrigated by channels or by the aid of mechanical
have
Jurists
different thoughts about this tax. It can refer to
equipment.
everything that the
lands produce. It might also mean tribute, land tax, land wage, and tax that
people have to
44Muslim, op. cit, Kitäb al-Ber wa al-Selah
wa a!-'Adab, No.4733.
200
Land tax (Kharäf )
Chapter Four
5
is
Tabätaba'i
The
this
tax,
rested
argues,
as
authenticity of
pay out of their own money.
in
is
the
held
jurists
further
"many
He
that
imam.
vested
authority
exclusively
states:
with the
a6
in
jurisprudence"
imam who is upright and a complete scholar
4.6.1 The divisions of land according of kharäj
Abü `Ubayd mentioned that he found reports from Prophet Muhammad and the four
Caliphs that the land of kharäj should be classified into three categories. Firstly, for those
for
kharäj
is
Secondly,
but
Islam,
`ushr
have
to
not collected
applies.
only
converted
who
lands which were conquered,through a mutual agreementa specific amount of khardj is
lands
The
be
Holders
this
should
only
pay
such
of
amount
should
altered.
which
not
collected.
third category is lands that Muslims conqueredby force. Jurists disagreedwhether they
47
left
be
discretion
Like other
imam.
to the
of the
should consideredas spoils of war or
jurists, al-Imäm Malik statesthat there are two kinds of the land of kharäj and addsthat the
`unwah(land which was taken by conquest)becomeswagf (endowment)for Muslims and it
8
be
distributed
among warriors.
should not
Ibn al-Qayyim maintains that the land is divided into six types. These divisions are as
49
follows:
1. Barren lands cultivated by Muslims. Muslim schools of law agree that kharäj is not
form
land
but
this
only `ushr applies.
collected
2. Land whoseowner willingly acceptedIslam. This becomesthe propertyof the assigneeand
is
from
him.
`ushr
Examplesarethe landsof Madinah,Yemen,andTä'if.
collected
only
3. Land which Muslims took by force ('unwatan). It could either be left to Muslims as spoils
kharäj
no
and
should be taken but only `ushr, or the imam has the choice to impose
of war
45
Jami'
(on
lone)
al-Fiqh
Available
al-Islämi,
http://fegh.Alat:
islam.com/Display.asn?Mode=1 &DocID=l 00&MaksamlD=1406&Para
phlD=7617&Sharh=0&HitNo=12&S
ource=l &SearchStrina=G%241%23%C7%E1%CE%DI%C7%CC%230%230%230%23%23%23%23%23
accessed17thMay 2005.
46TabätabA'T,op. cit., pp. 158-159.
47Abü`Ubayd, op. cit., p.31.
'$ Malik, b. Anas b. Malik, Al-Mudawanah
al-Kubrä, place, publisher, date are not mentioned, 3:280.
49Ibn Qayyim al-Jawziyyah,Muhammad b. Abil Bakr, Ahkäm
ahl al-Dhimmah, Beirut: Dar al-Kutub al'Ilmiyyah, 1995,1:90-94.
201
Land tax (Kharä)
Chapter Four
'ushr or kharäj.
kharäj
In
Muslims.
this
treaties
took
through
4. Land which non-Muslims
case,
with
peaceful
holder
The
land
Islam.
if
holder
it
becomes
to
the
the
jizya
converts
of
void
where
resembles
S0
does
he
likes
it
in
In
it
handle
type
land
this
not existent
any
way
practice,
the
can sell or
of
but is a legal presumptions'
5. Land whose holder has left it without fighting. It is similar to that of 'unwah where kharäj
land
jurists,
Ibn
According
this
to
the
cannot
al-Qayyim and other
condition of
would apply.
5.2
6. Land whose
Islam
be changed whether the owner was a non-Muslim or converted to
holder transferred its ownership to Muslims. It is like 'unwah land where it becomes as wagf
for Muslims and its holders should pay kharäj. He should pay this tax even if he converts to
Islam. Al-Rayyis argued that jurists agreed on the stulh land but they disagreed on the 'unwah
land and its amount 53 According to other jurists, the number of classifications may be
different. Ibn Qudämah mentions that there are only two kinds of land relevant to kharäj.
Firstly, land taken by mutual agreement which should remain in the holder's possession.
Kharäj taken from such lands is similar tojizya, namely it becomes void if the holder of this
54
Islam.
Secondly, the `unwah land should remain the Muslims' own land.
land converts to
Kharäj is taken from this land whether the holders are Muslims or non-Muslims 55 According
S6
is
Zanjoyah,
Ibn
Prophet
the
Muhammad
Khaybar.
The
to
an example
case when
conquered
Shäfi`i jurist al-Magdisi maintains that the land of khardj is divided into three parts. The first
kind is land has been conquered by force. The imam has the choice whether to distribute it
be
kharäj
there
will
no
or to make it an endowment and then kharäj must be collected.
and
The second kind is land which has been forfeited by its holders due to defeat or fear and it
soIbid.
51Tabätaba'T,op. cit., p. 106.
52Ibn al-Qayyim, op. cit., 1:94.
53A1-Rayyis,op. cit., p. 128.
saIbn Qudämah, Abü Muhammad 'Abd Allah
1999A.D, 4: 186-187.
ssIbid.
b. Ahamad al-Magdisi, AI-Moghni, Saudi Arabia:
56Ibn Zanjowayh,Al-Amwäl, Kitabfutüh a!
(on
line),
in,
Available at:
-'Arad
http://www.sonnh.com/Hadith.aspx?HadithID=163800 accessed
27thApril 2005.
202
1419A.H-
Land tax (Kharäf")
Chapter Four
The
Muslims
is
land
last
kind
took
through
The
agreement.
mutual
becomeswagf'land.
which
imam has the choice to accept kharäj and it becomes wagf or it becomes the holder's own
57 Finally, the Shi'ite scholar al-Karle states that the
is
levied.
Kharäj
possession and
been
has
taken
is
land
follows:
kharäj
First
in
land
the
divisions of the
which
are as
respect of
by force and becomes the spoils of war. It belongs to the Muslim state and the imam can
lands
it
Second
it
distribute
whose
are
as endowment.
among warriors nor make
neither
holders became Muslims without fighting. It becomes their own and once cultivated, they
land
is
Third
`ushr.
the
which non-Muslims took through mutual agreementwith
would pay
the imam. It is like jirya and the landholders pays s specific amount that the Imam stipulated.
Lastly, land left by landholders or barren land that was revived by the imam becomes his
58In conclusion as Tabätabä'Yargues, those lands whose inhabitants do not voluntarily
own.
become Muslims are considered as kharäj regardless of whether these lands were conquered
59
by
through fighting or
a treaty.
4.7 Types of Kharaj
This section will now show the types of kharäj itself. Jurists are unanimous that there are
two types of kharäj:
4.7.1 (kharäj al-Wa; fah) (kharäy on land and produce)
According to the Encyclopaedia of Jurisprudence, kharäj al-Wazifah is called kharäj of
because
(kharäj
the imam considers the space and the harvest of a
as
al-Mesähah)
well
space
°
land
kharäj
is
imposed.
Johansenexplains this: "it is a fixed sum money
upon which
certain
depends
amount
on the size and quality of the land. It is furthermore a personal
whose
57Al-Magdisi, Müsa b. Ahmad, Al-Igna' Ii
4 vols, Ryadh: Dar'alam al-Kutub, 1999,
a-lib al-Intl',
2: 107-109.
sa'Alä. A. al-Karki. Qält'at al-Lujaj fl tahgrq /
i! al-Kharäj, (on line) Available at: http://www. Al
shia.com/html/ara/books/alkharaieyat/fehrest html accessed21" July 2005.
59Tabätaba'i,
op. cit., p.112.
60Jämi' al-Fiqh al-Islämi, (on line) Available http://fegh.Alat:
islam.com/Bookhier.
asp?Mode=O&Doc1D=100&MaksamlD=1,
accessed17`sMay 2005
203
Land tax Mardi)
Chapter Four
back
to
tax
The
"61
this
by
be
goes
of
the
origin
therefore
owners.
paid
must
obligation and
62
land
that
Similarly,
Häjji
Iraq.
states
the time of `Umar I and his practices with the people of
Egypt,
Iraq,
during
I
the
`Umar
conquest of
especially
taxes started with the caliphate of
Prophet
during
did
further
He
tax
not exist
Morocco, and parts of Africa.
maintains that this
63
jurists,
the amount of
According
Bakr.
Abü
to
some
Muhammad's time or the caliphate of
holder
The
land.
of
the
be
the
to
of
products
size
and
regard
tax
with
this
collected
should
it
if
his
land
became
remains
this
is
tax
land
this
own
even
to
piece
of
since
pay
obliged
such
be
land
imposed
I
jarib64
that
`Umar
is
could
It
that
of
on
each
maintained
uncultivated.
did
Prophet
Muhammad
dirham.
The
companions of
cultivated a cost of one gaftz65and one
be
1.66
Tabätabä'i,
According
`Umar
tax
this
to
collected
should
not oppose the opinion of
67
has
full
passed.
year
after one
4.8.2 (Kharäj al-Mugäsamah) the proportionate kharäj
Kharäj al-Mugäsamah is related to the productivity of the land. The collection of this tax
depends on the productivity of the land itself. Specifically, the owner is not required to pay
kharaj if his land was ruined by drought, flood, etc. The difference between this type of tax
is
former
is
levied
is
but
latter
to
the
that
the
the
the
according
once
repeated
one
previous
and
8
if
kharäj
is
In
kind
to
tax
this
not collected the
times of cultivation.
contrast
of
al-Wazifah,
land was left idle.
It is statedthat the amountof this type should be left to the discretion of the imam,but
69
half
land
it
be
less
than one-fifth.
of what the
yields nor should
shouldneitherexceed
61Johansen,Baber. Contingency in a sacred law: legal and ethical
norms in the Muslim figh. Leiden : Brill,
1999, p. 15.
62Zaidän, op. cit., p. 161.
63ftT, Ja'far'Abbas. Al-Madhhab al-Igtisndi ft al-Islam. Kuwait; Beirut: Maktabat al-Alfayn, 1987, p.41.
64A certain amount of space and it is ten Qafz and it generally varies according to countries. Täj al-'Arils, op.
cit., 3: 147-148.
65A space of land and it is about 144 span,
al-BustänT, `Abd Allah, Fäkihat al-Bustän, 2.vols. Beirut: The
American Press, 1930,2: 1182.
66Ibid.
67Tab5tabä'T,
op. cit., p. 185.
68Zaidän,op. cit., p.162.
69Läshin, Mahmüd al-MursT,al-Tanzfm al-Mu/iisabi li
al-Amwäl al-'Ammah ft al-Dawlah al-Isldmoah,
204
Land tax (Kharäf")
Chapter Four
In the same connection, Aghnides argues that this type of kharäj is related to the productivity
fixed
is
former
but
tax
is
between
the
land.
The
a
one-half and one-third
amount paid
of the
70
defines
further
He
tax
this
be
land
tree.
the
or
per
paid
per
unit
area
should
which
charge on
by
them
lump
kharäj
is
tributary
"it
as
such
the
especially
sum
certain
provinces
paid
as
a
as:
"71
had
been
border
Moslem
their
to
the
the
autonomy.
empire and
able preserve
of
as were on
In his comment on the existence of this system before Islam, Dennett states: "this
for
harvest
had
the
waiting
unjust,
a
peasant's
would
while
proved
rot
of
assessment
method
it
inspector
"72
Dennett
to
tax.
take
the
the
classifies
measure
and
proper
government
of
arrival
kharäj into three kinds: kharäj al-Mesähah (land tax based on the measured acreage),kharäj
based
harvest)
kharäj
(tax
the
on
a
percentage
of
yearly
and
al-Mugata'ah
al-Mugäsamah
73
had
fixed
(the
agreed to pay) Unlike other authors, Abü Yüsuf
amount of money that towns
kind
based
be
tax
that
this
proposes
another
of
and
one
should
on a percentageof the
criticises
74 He argues that the reason is that
harvest.
peasants, because of this system,
yearly
75
had
in
difficulty
lands.
idle
In addition, Tabätabä'i
they
cultivating
complained about the
it
be
that
should
collected after a full year has passedand it should be counted from the
argues
76
harvest.
start of
4.9 The amount of kharaj
This sectiondiscussesthe amount of kharäj. Al-Qurashi statesthat the initial amount of
kharäj was stipulatedby `Umar. This amountcannotbe increasedevenif peoplecan afford it.
77
However,if the payeecannotafford it, the amountshouldbe decreased
Beirut: Dar al-Kitäb al-Lebnäni, 1977, p. 143.
70Aghnides, Nicolas Prodromou, Mohammedan theories finance:
of
with an introduction to Mohammedan law,
and a bibliography, Lahore: Premier Book House, 1961, p.377.
71Ibid
72Dennett, Daniel C, Conversion
and the poll tax in early Islam, Cambridge: Harvard University Press 1950,
pp. 14-15.
Ibid, 25.
74AbüYüsuf, Ya`qüb b. Ibrahim
al-Ansär%Kitäb al-Kharäj, Cairo: al-Matba`h aI-Salafiyyahwa maktabätihä,
1352AH, p.50.
7sIbid
.
76TabätabA'T,
op. cit., p.185.
"AI-Qurashi, op. cit., p.22.
205
Land tax (Khary
Chapter Four
While
for
jarib.
the
dirham
is
kharäj
each
and
gaflz78
Ibn Rajab statesthat the amount of
one
in
taxed
Islamic
heavily
barley,
at
were
society,
consumed
which
were
and
growers of wheat
beet
find
taxed
for
dirham
jarib,
much
that
four
were
sugar
growers
two
we
every
and
rates of
for
dirhams
is
that
the
Zanjowayh
the
amount six
same opinion and adds
reiterates
more. Ibn
for
dirhams
dirhams
for
for
twelve
dirhams
ten
beet sugar, eight
vineyards, and
palm-trees,
9 Al-Mäward states that he amount of kharaj is estimated according to the capacity of
olive.
8°
be
kharäj
According
Zaidän,
lands
to
collected
should only
could yield.
the crops that the
81
based
be
kharäj
He
harvested.
that
the
on
amount of
should primarily
adds
when crops are
lands
imposed
kharäj
`Umar
he
it
I
land,
the
the
the
casewith
on
when
the capacity of
as was
82
in Iraq. The reason for this is to avoid any damage or plight that might affect the harvest.
The amount might be changed according to the following juristic opinions.
These different rates reflected the land quality but also provided incentives for landowners
to grow barley or wheat instead of beets. The Hanbali School states that the amount of kharäj
decide,
it
is
definite
discretion
left
be
imam
tax
to
that
the
to
the
which means
not a
of
should
83
be
jurists
The
Shäfi`i
be
that
the
amended.
state
could
amount
estimated
should
and
84
land.
Al-Magdisi,
jurist,
it
Shäfi`i
to
the
the
that
produce
of
a
says
rests with the
according
imam and his juristic reasoning alone to increase the amount or otherwise and it should be
85
lands
to
produce. He adds that the amount of kharäj could be
measuredaccording what the
decided in agreement with what lands produce and he traces this tax back to the time of
`Umar 1.86 Similarly, it is stated that amount of the land tax was not specified but it had to be
87
decide.
left to the emperor to
78Ibn Rajab, op. cit., p.65.
79Ibn Zanjoyah. A1-Amwäl. (on line) Available at: http://www.
sonnh.com/Hadith. aspx?Hadith]D=163833,
accessed:27/04/2005.
80Al-Mäwardi, op. cit., p.265.
81Zaidän, op. cit., p. 172.
$ZIbid 162.
83Ibid, 163.
84AI-Mäwardi,op. cit., p.265.
85Al-Magadisi,op. cit., 2: 109.
86Al-Mäwardi, op. cit., p. 265.
87Al-Rayyis,op. cit., p.51.
206
Land tax (Kharäf)
Chapter Four
been
had
is
kharäj
that
the
jurist,
same
A1-Mirghanäni, a Hanafi
states that the amount of
88
Thus,
decreased.
it
be
but
increased
be
it
He
I.
imposed by'Umar
could
adds that could not
it will be noted that jurists do not agreeon the amount of kharäj.
kharäj
lands
be
for
to
the
which
upon
The reason
this variation could
capacity of
attributed
imposed
I
`Umar
kharäj
Initially
on
that
the
the
the
amount
of
crops.
of
quantity
applies and
fertile
for
jarib
in
Iraq
Sawäd
of
every
was one gafiz on the cultivated crops
the people of
89
land, one dirham for everyjarib of vegetables, and ten dirhams for everyjarib of vineyards.
be
it
he
lawful
that
Aghnides,
the
not
this
may
According to
rates and adds
amount constitutes
90
increased. In this connection, Tabatabä'i affirms that this rate was imposed in the previous
land
levied
Kharäj
"'Umar
He
the
rate
of
of the sawad which was
a
specific
on
says:
periods.
the sameas the rate of the fiscal levy on the region under the Sassänids.s91
As for the collection of this tax, Al"Mäwardl maintains that there are some prerequisites
that should be taken into consideration when collecting kharäj. Firstly, the nature of the land
it
is
kharäj
is
levied
The
the
tax
or
good
not.
of
varies according
whether
amount
upon which
to the value of different crops. Lastly, the method of irrigation is another case which would
92
kharäj
Yüsuf
Abü
the
amount
of
states other conditions such as the condition of the
alter
93
is
distance
khardj
from
To
the
the
the
of
cultivation,
expenses
and
conclude,
market.
crop,
imposed on the owner of the land whether he is a Muslim or not, man or woman, free or
illustrated
be
in
following
This
the
will
section.
slave.
4.11 When is kharäj waived?
As in the case of jizya, there are some casesin which kharäj becomesnull. Both alMarghinäni94and al-Magdisi95mentionthat it becomesnull in the caseof flood, droughtor if
$aAI-MarghinänT,`Ali b. Abii Bakr b. `Abd al-Ja17i1
Al-Hiddyah sharp bidäyat al-Mubtadi. Cairo: Matba`at
.
Mustafaal-BäbTal-IIIalabi wa awlädih, 1937,I1:117.
89Ibid, 2: 117.
90Aghnides, op. cit., p.378.
91Tabätaba'i, op. cit., p. 186.
92Al- Mawardi, op. cit., p.226.
93Ibid, pp..263,264.
94Al-Mirghinäni, op. cit., 2: 116.
207
Land tax (Kharal)
Chapter Four
becomes
jurist,
kharäj
by
Ibn
Qudämah,
inflicted
Hanbali
that
the crop was
a
a plight.
asserts
96
While
land
holders
land
Islam.
invalid in the case of the sulk
to
the
when
of such
convert
Tabätabä'i argues that kharaj is a tax on land irrespective whether or not it was tilled, he
if
it
becomes
before
Sunni
harvest.
He
the
that
that
crop
was
ruined
most
null
states
maintains
jurists support this opinion. 97 Jurists have also disagreed about the landowner's conversion to
Islam. The Hanafi state that it is not like jizya and it applies even if the landholder becomesa
Muslim but al-Imam Mälik arguesthat it becomesvoid in the case of conversion. 8
In this connection, an issue might be raised here. Does the imam have the right to exempt a
from
kharäj?
his
discussion
In
of
people
paying
group
of this issue, Tabätabd'i states that
Shi'ite jurists are of the opinion that the imam has the right to exempt those he likes from
basis.
He
this
tax
temporary
on
a
added that some Sunni Muslim schools held the
paying
opinion that the imam could exempt anyone from the payment of this tax if he regarded it
99In conclusion, this tax
be
forgiven in casesof hardship and full exemption
advisable.
would
be
in
the event of property damage such as damage causedby erosion or flood.
given
could
4.10 Is kharaj the same asjizya?
In this section, we will raise some points about the differences between kharäj and jizya.
One of the differences between the two taxes is that in the case of jizya People of the Book
have to pay it but this is not the case with kharäj. Kharäj applies to all, including Muslims,
is
there
evidence that it was paid in the days of Prophet Muhammad. Johansen affirms:
and
"Sarkhas reported that the companions of Prophet Muhammad paid Mardi. He concluded
from this that the payment of kharäj can not be regarded as a humiliation for Muslims. "00
Ibn al-Qayyim adds that the two taxes are different in some respects. However they
are
in
both
that
are paid by the unbelievers as a way of humiliation, they should be spent
similar
95Al-Magdisi, op. cit., 2: 110.
96IbnQudAmah,op. cit., 4: 198.
97lbid, p.184.
98Zaidan,op. cit., p.169.
9' Tabataba'i,op. cit., p.167.
100
Johansen,
op. cit., p.9.
208
Land tax (Kharä )
Chapter Four
its
in
Qur'an
has
legal
Jizya
traditions
the
be
the
fay'
text
show
and
a
paid annually.
as
and
does
jizya
(ijtihäd).
The
juristic
depends
kharaj
but
of
amount
reasoning
mainly on
amount
kharäj
be
increased
but
to
the
if
according
should
measured
wealth
not change a person's
'°' According to Wahba, the two terms are similar in three ways and different
land.
amount of
in three others. On the one hand, the two taxes should be collected from the People of the
102
both
be
for
lunar
in
Book return
should
protection and
paid at the end of every
year. On the
hadith
but
has
its
differ
in
fizya
Qur'an
hand,
the
two
taxes
the
where
main origin
and
other
kharäj depends mainly on individual judgment or juristic reasoning (ijtihäd). Secondly, the
legal
is
by
decree
left
is
jizya
the
to the
set
amount
of
and
maximum amount
minimum
discretionof the imam but the minimum and maximum amountsof the kharäj are totally left
to the imäm. Thirdly, jizya becomesvoid if the personconvertsto Islam but kharäj shouldbe
103
is
if
in
It
the owner of the land of kharäj did not cultivate
cases.
applicable
even
all
paid
his land. The sameis said if he convertsto Islam or the land was sold to anotherMuslim.
Aghnidessharesthe sameopinion and arguesthat even in that casekharäj is still applicable.
He addsthat kharäj, apparentlydifferent formjizya, is levied on land irrespectiveof whether
the owner is a child or adult, man or woman, Muslim or non-Muslim. '04 The two terms were
for
denote
to
the sametax. Dennett maintains: "the terms kharaj and
used
a
period
sometimes
jizya taken to mean land tax and poll tax, were for more than a century synonymous and
Until
A.
H
121 the Arabs did not themselves distinguish between land
tribute.
merely
signify
and poll tax."los
4.13 Tithe (`ushr)
We will now discuss `ushr which is a tax that owes its origin to the Caliph `Umar I. As in
the previous chapter, I will first start with its etymology before dealing with its relevant
101Ibn al-Qayyim, op. cit., p. 1:89.
102Wahba, op. cit., p. 158
.
103
Ibid.
104
Aghnides,op. cit., p. 377.
"' Dennett,op. cit., p.3.
209
Land tax Mardi)
Chapter Four
issues.
4.14 Etymology
`ashar
from
is
derived
the
`ushr
ten
root
Manziu,
Ibn
According to
and
means a part of
106
is
it
tax
Islam,
The
Encyclopaedia
that
by
on
a
divide
ten.
states
things
of
to
which means
harbi
dhimmi
by
Muslims,
or
lands owned by Muslims or a tax on commercial goods paid
107
dhimmi
levied
is
This
the
from
tax
and
on
countries.
also
non-Muslim
merchants
financial
is
It
Muslims).
has
(a
a
a covenant of safety with
musta'man108 person who
for
People
Book
is
that
the
the
the
and
use
commerce
that
of
goods
on
payable
obligation
109
Islamic
from
to
transport
another within
states.
they
country
one
which
It is a tax which is payableupon moveablegoods and it should be collected from the
11°
both
from
be
It
has
It
that
taken
the
tax
two
should
meanings. means
merchants'wealth.
Muslim and non-Muslim traders.It standsfor the tenth that should be taken from what lands
is
imposed
it
is
In
(zakat
the
the
tax
the
on
which
word,
modem senseof
al-Zar).
yield
Muslim and non-Muslim traders providing their goods should reach a specific amount of
III
is
landed
Muslims.
it
Johansen,
According
to
also calculatedon the
property of
money.
Muhammad argues that this tax considers the merchant's religion where its amount varies
from
one
person
to another.
112
4.15 `Ushr before Islam
It hasbeenstatedin the previoussectionthat kharäj was imposedbefore Islam. The same
`ushr.
Some
had
in
to
that
this
tax
sources
state
prevailed Arabia and the surrounding
applies
106Ibn Manzür, op. cit., 4: 570.
107Seethe encyclopaedia of Islam (Ushr) New Edition, Leiden: E.J.Brill, 1997,10: 917.
108A term, which is given to a temporary non-Muslim resident. He is given a covenant of
protection for only one
year. Like other dhimmf the Islamic state affords him protection for his life, honour, and property. Zaidän, op.
cit., p. 46.
109Ibnal-Qayyim, op. cit., p. 176
° Al-Memml, Hassan, AN al-Dhimmah ft al-HapUrah
1998,
Beirut:
Dar
al-IslämT,
al-Islämiyyah,
al-Gharb
p 69.
Johansen,
op. cit., p.7.
12Muhammad,op. cit., p.91.
210
Land tax (Kharä )
Chapter Four
Near
East
illustration:
fuller
"in
following
Islam.
The
the
before
the advanceof
gives a
areas
king
deity
to
the
tenth
was
and
of one's goods or property
the offering or payment of a
far
lands
Greece
Syria-Palestine
from
Mesopotamia,
to
west as
as
and
widely practiced
13
"'
Al-Imam Malik mentions that the basis on which `Umar I collected this tax
Carthage.
""
it
before
Islam.
Muhammad maintains that
from the Nabateans114was that was collected
the origin of this tax goes back to pre-Islam when it was imposed on the Greeks. He adds that
116
imposed
it
Empires
Egyptians.
Thus, `Umar I was not
on the
the Persian and the Roman
but
it
kind
introduce
leader
tax
first
this
to
was raisedby the Greeks,the Romans,the
of
the
17
be
The
Arabs.
during
Roman
Egyptians,
tithe
the
the
even
system
and
period could
ancient
tracedback long beforethat. The Greekshad what is called the tax of goodsand foreign crops
in
levied
It
during
2%.
Egypt
Roman
The
Empire.
it
the
ancient
was
at
was
estimated
and
following paragraphshowsthat Englandadopteda similar systemof taxation in the fifteenth
century:
Tithe (Old English teotha, meaning "a tenth"), generally defined as the tenth part of fruits
justly
in
God
to
acquired,
owed
recognition of his supreme dominion, and paid to
profits
and
the ministers of religion. It is an institution of undetermined antiquity, common to many
""
religions.
The person who collects this tax is called `äsher.119As I have mentioned earlier that khardj
both
to
the Old and the New Testament have verses that
other
religions,
was applicable
`ushr.
However,
to
the
the way in which it was collected and
refer
application
of
presumably
its amount might not be the same as in Islam. The Jewish practice of raising tithes was
beginning
in
Bible,
from
the
the
Abraham to Melchizedek ( Genesis,
with
gift
mentioned
14:20). According to sometranslations,someexamplesof the Old and New Testamentrefer
to tithe:
113The Encyclopaedia of Islam op.cit., 2000,10: 917.
114Peters,F. E. Jerusalem: the Holy City in the eyes
of chroniclers, visitors, pilgrims, and Prophetsfrom the
days of Abraham to the beginnings of modern times. Princeton : Princeton University Press, 1985, 187.
p.
115Malik, op. cit., al-Zakäh, 'Ushür ahl al-Dhimmah, No: 549.
116Muhammad, op. cit., p. 89.
1" Bultäj7,Muhammad.Manhaj 'Umar Ibn al-Kha(t bfi
al-Tashri', Cairo: Dar al-Fikr al-`Arabi, 1973,p.375.
118"Tithe," Microsoft® Encarta®Encyclopedia99.
119
The `dshirs arethose stationedby the Imam on the public road in orderto collect the Zakähof Moslem
traders,aswell asthe tolls imposedon the dhimmi and /1arbitraderswho passhim.
211
Land tax (Kharäi)
Chapter Four
Bring ye all the tithes into the storehouse,that there may be meat in mine house, and prove
heaven,
if
hosts,
I
LORD
herewith,
the
the
of
open
will
not
you
windows
of
saith
me now
3:
10
it.
be
Malachi
blessing,
to
that
there
not
room
enough
receive
a
shall
and pour you out
Another example shows that the Children of Israel used to pay it to the Levites:
Thus speak unto the Levites, and say unto them, When ye take of the Children of Israel the
tithes which I have given you from them for your inheritance, then ye shall offer up an heave
it
for
the LORD, even a tenth part of the tithe. Numbers 18:26
of
offering
These referencesexplain that `ushr was levied on the Children of Israel in the periods prior to
the advent of Christianity. In the New Testament, we would find the following verse that
bearsthe samesignificance:
"Woe unto you, scribes and Pharisees, hypocrites! For ye pay tithe of mint and anise and
cumin, and have omitted the weightier matters of the law, judgment, mercy, and faith: these
leave
have
done
to
the other undone" Mathew 23: 23
to
and
not
ought ye
The jurist Abi! `Ubayd reports a tradition when Anas b. Malik askedwhy should 'Umar I
from
dhimmT
this
tax
the
people? He was told that it was to be collected from them
collect
beforeIslam.120Ibn al-Jawzimentionsthat it was levied during the time of ProphetNoah 121
,
4.16 The basis of `ushr in the Qur'An and haditl:
It is remarkable that the obligation of this tax is provided neither in the Qur'än nor in
hadith. The Qur'än doesnot have any referenceto this tax. Most probably, it was the ijtihäd
/1adith
`Umar
I.
The
literature,
however, has some references to the word. These
of
however,
do
not necessarily mean that the tax was collected during Prophet
references,
Muhammad's time. Thus, we could find the following hadith: "on what is irrigated by rain
lies
`ushr and on what is irrigated artificially (lies) half the `ushr."122
stream
perennial
and
Another example is the following hadith: "on the authority of Waki' that he
said to Prophet
Muhammad that he, the narrator, had palm-trees then Prophet Muhammad told him to
pay
120Abü
`Ubayd,op. cit., p.214.
121
Ibn al-Jawzi,al-Montanem,(On line) Available at: http://www.Alasp?Cat g2r-YID=7 20th March,2005
eman.com/Islamlib/default.
122
Al-Bukhär%op.cit., bäb al-Zakäh, 1388.
212
Land tax (Kharä )
Chapter Four
`ushr.s123The majority of these traditions are found in Malik's muwaf i'.
They show the
tax
Some
this
I
to
`Umar's
during
traditions
the
time
refer
tax
this
caliphate.
of
application of
but, in fact, they deal with different issues. An example is the /)adith124that states: "Ibn
`Abbas narrates through Abü Zibyän through his father that Prophet Muhammad said that
Muslims should not pay `ushr but only Jews and Christians should pay it. " Although this
tradition clearly refers to `ushr the explanation shows that it deals with jizya and not
125
'ushr.
Besides, it could be concluded from this hadith that Jews and Christians should only pay the
126Although most historical sources state that this tax did not exist during the
agreed amount.
time of Prophet Muhammad, one source claims that it was initially imposed during his time.
Thus, we find: "Muhammad probably laid down the `ushr as a kind of taxes for his newly"127
community.
established
`Ushr, however, only differs from kharäj in that the amount of 'ushr is not the same as
kharäj. 128It is maintained that `ushr is mainly attributed to the Caliph `Umar I. 129Historians,
I
first
impose
`Umar
Caliph
Muslim
to
that
the
to
al-Salläbi,
agreed
was
according
such a tax.
The reason for this could be attributed to the expansion of the Islamic state. Another reason
increase
be
in
the
trade among Muslim and non-Muslim merchants during the caliphate
would
130
I
issues.
`Umar
the
to
It is argued that `Umar I imposed this tax
and
need regulate these
of
131
the
AbU `Ubayd narrated a
custom of some non-Muslim neighbouring territories.
as was
132
'Umar
I
first
through
that
impose
in
to
al-Shu`abi
this tax Islam. Muhammad
was the
report
is
based
juristic
this
tax
the
that
on
reasoning (ijtihdd) since both the Qur'an and
argues
did
it.
to
refer
not
explicitly
sunnah
X23
Ahmad, op. cit., Musnad al-Shämeyin, No. 17375.
124Al-TermidhT, op. cit., Kitäb al-Zakäh, No. 475.
125Tuhfat al-Ahüdhi bi sharp Jam' al-Termidhi, op. cit., Harf CD-Rom.
126Ibid, `Awn al-Ma'büd shar/7 sunan Abü Dawüd.
127The Encyclopaedia of Islam, op.cit. 2000, X: 917.
128L6kkegaard, Frede, Islamic taxation in the classic
period, Copenhagen: Branner & Korch, 1950, p.78.
129
Al-SallabT,'All Muhammad,Fast al-Khitäb fi sirat 'Umar b. al-KhaMlb, Alexandria:Dar al-`Iman,2002,p.
357.
130
Läshin,op. cit., p.152.
131
Ibid.
132Abü'Ubayd,
op. cit., p.214.
213
Land tax Kharäf1
Chapter Four
Furthermore, when `Umar I initially imposed it in the presence of some companions, nobody
133The Hanafi jurist al-Käsäni mentions that 'Umar I
it.
opposed
appointed the tithe collectors
from
dhimmi
this
tax
to
the
them
told
collect
and irrbi
and
134Later jurists
people.
unanimously basedtheir opinion upon this jurisdiction. Some sources, however, argue that the
basis of this tax is the decree of 'Umar I when he was asked about the legality of collecting
haubi
from
traders who transport their goods through a Muslim land. He enquired if
money
Muslims pay any tax if they transport their goods through harbi or dhimmi lands. Upon
knowing that Muslims pay a one-tenth tax, he said that the harbi or dhimmi people should pay
one-tenth
135
as well.
Similarly, Abü `Ubayd reports that Anas b. Mälik said to Ibn Skin, "Shall I tell you
about the practice of `Umar I (concerning tithe). Out of forty dirhams a Muslim should pay
dirham,
out of every twenty a dhimmi should pay one, and out of every ten other nonone
Muslims should pay one." 136Abü Yüsuf narrates that Usayd b. Hudayr said: "I
was the first
be
by
`Umar I to assessthis tax and that I should not inspect
'
37
to
sent
one
anybody.,, To the
same affect, Muir statesthat `Umar imposed this tax on the Christians of banii Taghlib. Muir
liberality
"The
states,
of `Omar allowed the concession; and the banü Taghlib enjoyed the
singular privilege of being accessedas Christians at a "double tithe" instead of paying the
obnoxious badge of subjugation."138
It could be argued that the purpose of imposing this tax is to
protect the merchant's own
money as `ushr is not applicable if a non-Muslim transports his money in a Muslim state and
he does not intend to use it for trade.
133Muhammad, op. cit, p. 90.
134Al-KasAnT,op. cit., 2:455.
135Ibn QudAmah, op. cit., 13:234.
136Ab11
`Ubayd, op. cit., p. 214.
137Abu Yüsuf, op. cit., p. 135.
138Muir, William. Annals of the early Caliphate:from
original sources,London: Smith, Elder, & co, 1883,
p.142.
214
Land tax (Kharäf}
Chapter Four
4.17 How is 'ushr viewed in Muslim jurisprudence?
Historical sources state that the origin of this tax goes back to the caliphate of `Umar I. He
land
Muslim
his
they
by
that
to
the
informed
war
of
when
merchants
go
agents
one of
was
initial
Accordingly,
he
to
to
collect
their
order
non-Muslims.
gave
an
goods
of
pay one-tenth
if
from
tax
this
non-Muslim merchants they come to the land of Islam. Generally speaking,
jurists are of the opinion that there are two main bases for the imposition of this tax. The first
basis is the practice of `Umar and the second basis is the consensus of the companions
(ijmä'). Al-Imam Malik says that `ushr should be taken from dhimmi traders if their goods
from
Muslim
transferred
country
or
carried
a
within
one country to another on the
were
139
it
be
taken. As for the
understanding that merchants exchange goods, otherwise can not
harbi people, they should pay the agreed amount and `ushr should not apply. 140Ibn Rushd
in
it
Malik
from
that
the
that
the
traders
apply
asserts
should
case
of
adds
amongst ahl al'41
Dhimmah.
The Hanaff School agrees with the Mälik
on the imposition of `ushr but they disagree
142
about the amount. Abü Yüsuf maintains that any landowner who was an Arab or non-Arab
but became a Muslim his land should be considered as `ushr land. 143Another Hanaf7jurist
is
from
insane
`ushr
that
not
collected
states
people or those who have not reached the age of
for
Secondly,
things that Islam prohibits such as wine and pigs, al-Kasan adds
as
puberty.
that only one-tenth of the price of these commodities is to be taxed. 144 Thirdly, al-Imam
Ahmad b. Hanbal states that everybody among the dhimmi who brings his goods to Muslim
land should pay the tax. It is a duty that every dhimmi, male or female, should pay this tax. '45
`Ushr is collected only once a year, regardless of the times during which the dhimmi or harb!
139Malik, op. cit., 1:24 1.
'40Ibid
'°' Ibn Rushd,Muhammad b. Ahmad b. Muhammadb. Ahmad. Bedäyat
al-Mujtahid wa NehäyatalMugtastd.Beirut: Garnetpublishing,2000, p'486.
142Ibid.
143Abü Yüsuf, op. cit., p. 135.
,
144AI-Kasänº, op. cit., 2:454.
145
http://www.islamweb.net/php/php arabic/ShowChapter
php?Ian2 A&BabId=257&Chapterld=257&Bookld=50
August2005.
6&Cat1d=214.3`d
215
Land tax (Khardh
Chapter Four
land.
his
Muslim
The `äsheror tax assessoris to give a proof of payment
bring
trade
to
a
will
for the harbi or dhimmi so that the latter does not have to pay again. It is to be paid if a
dhimmi or a barbi carries his goods to another country but if he trades in the country where he
lives, it will not be applicable. `Ushr is not levied on Jews and Christians only but also
includes Muslims. They should pay half of one-tenth for their goods if they trade within the
borders of a Muslim state as this tax would be considered as zakäh. 146The same source adds
that it is payable on all kinds of commodities such as animals, cloth, gold, and silver. 147It can
be concluded that `ushr according to the majority of jurists, cannot be taken if the nonMuslim person is not intending to carry his goods to the Muslim lands for the purpose of
trade. If he trades outside of the land of Islam (dar al-Islam), then the tax should not be taken
from him. It is once a year and the goods should reach a specific amount of money.
4.18 The amount of `ushr
Muslims scholars disagreed on the amount of `ushr. According to Abü `Ubayd, it was first
imposed by `Umar I and it collected once a year. Abi! `Ubayd reports that `Umar I
asked how
harbi
Muslim
(people who are at war with Muslims)? When he was
the
merchants
much
pay
informed that it was one tenth, he gave an order that the amount taken from the harbi
or
dhimmi people who came to Muslim lands should be the
148
It is stated that `Umar I
same.
justified the imposition of this tax on the dhimmi people
as they had to pay it in pre-Islamic
149
According to Abü Yüsuf, there are three
times.
categories of people liable to pay and, of
course, the amount varies from one group to another. Dhimmi people had to pay a half of a
tenth, the harbT one tenth and Muslims a quarter of a tenth providing that the total
value of
the commodities reaches 200 dirhams of silver or twenty mithgdl'5°
of gold, otherwise `ushr
146Zaidan, op. cit., p. 176.
147Ibid.
14'AND`Ubayd,op. cit., p.36.
149
Ibid, p.214.
150
An old Arabic measureusedfor gold.
216
Land tax (Kharäf)
Chapter Four
'5' According to another source, there are four kinds of people who should
would not apply.
land,
Muslim
`ushr
Muslim
who
artisans
and
merchants
tax.
owned
this
who
cultivators
pay
5%
dhimmi
their
annual
2%
of
their
paid
artisans
and
merchants
who
earnings,
annual
of
paid
from
their
finally
tenth
barbi
of
one
non-Muslim
countries
who
paid
merchants
and
earnings,
152Al-Sarkhasi maintains that a Muslim has to pay quarter of a tenth and a
annual earnings.
153
Al-Imam Malik says that a dhimmi should pay
dhimmi half of a tenth and a barbione tenth.
'54
lands,
be
Muslim
he
trades outside
collected.
otherwise `ushr should not
one tenth when
AbU Yüsuf, a Hanaii jurist, asserts that only those who are just and well acquainted with
`ushr
burden
they
the
of
and
amount
should
should
assess
not
payers with what they
religion
`Umar
his
I
The
that
tax collectors to ensure
to
reports
same
author
afford.
used
ask
cannot
that they did not impose any tax beyond the agreed upon amount. Abra Yüsuf states that the
is
for
Muslims,
half
tenth
this
tax
a
of
quarter
of
of a tenth of dhimmi, and one tenth
amount
for iaarbi people, providing the amount of goods traded exceed two hundred dirhams,
'55
it
If the goods of non-Muslim merchants do not reach the
otherwise would not apply.
is
then
tax
amount,
not collected. He supports his opinion by reporting a tradition
specified
`Umar
I
latter
his
to
that
the
told
one
related
of
agents that Muslims have to pay quarter of a
'56
dhimmi
half
barbi
tenth
Muhammad argues that the opinion of
tenth,
of a
and
one tenth.
Abü Yüsuf does not carry much weight becauseit contradicts with a letter that `Umar I sent to
157
his
agents.
one of
Al-Qurashiillustratedthat, for the /larbi to pay `ushrhe had to residewithin a Muslim state
for a full calendaryear but if he stayedfor lessthis tax is not to be collected.158
151Abü Yüsuf, op. cit., p.76.
152Seethe encyclopaedia of Islam (Ushr), 1997,
op.cit., X: 918.
153http://fegh.Alislam.com/Display. asp?Mode=1 &DoclD=14&MaksamlD=205&ParagLnhlD=I
682&Sharh=0&HitNo=7&Sour
ce=1&SearchStrmr=G%241%23%C7%E1%DA%D4%E6%D1%230%230%230%23%23%23%23%23 01-072005.
154Malik, op. cit., 1:240.
issAbü Yüsuf, op. cit., pp. 132,133.
156
Ibid, p.135.
15'Muhammad,op. cit., p. 91.
158
Al-Qurashi,op. cit., pp. 172,173.
217
Land tax Mardi)
Chapter Four
'59
Alhalf
had
tenth.
Book,
People
to
they
of a
As for the merchants among the
pay a
of the
Qurashi relies on a tradition reported to `Umar I when the latter said barbi merchants should
160
his
`ushr
In
out
to
goods
carry
should
tenth
a
non-Muslim
merchant
collect
order
pay one
161
is
It
him.
from
is
his
if
he
but
land
taken
territory,
tax
his
no
remains within
own
of
Some
had
dhimmi
`ushr
to
jurists
do
the
that
pay.
amount of
a
not agree on
maintained that
jurists argue that the goods upon which `ushr apply must reach a certain level (nisäb) while
is
`ushr
be
then
calculated and
others say that the whole wealth of a merchant should
162
Ibn Qudämah, a Hanbal1jurist, states that a dhimmi should pay one tenth once a
levied.
imposed
by
'Umar
jurist
it
is
1.163
because
Another
the
amount
of the same school
year
it
imdm
this
the
that
amend
amount
could
or
cancel
according to the exigency of the
mentions
164
time.
It would be remarked that sometimes `ushr is used to denote zakdh. Thus, we find Johansen
differentiates it from khardj when he means zakdh. He states that `ushr and kharäj are
different. According to Johansen,whereas the former is in effect a rent on a landed property if
this land belongs to the taxpayer, the latter is imposed on the harvest. Thus, he used the word
165
denote
`ushr to
zakäh. Kharäj is payable even if the land was left idle but `ushr applies
166
land
if
was cultivated. In a nutshell, it could be argued that the sourcesupon which
only the
`Umar depended to levy such taxes are classified into two types: Islamic sources and other
include
The
Islamic
the Holy Qur'än and the traditions of the Prophet. The
sources
sources.
borrows
from
source
systemsused by other civilizations.
second
159Ibid, p. 173.
160Ibid.
161
BultAjT,op. cit., p.375.
162Muhammad, op. cit., p.91.
163
Ibn Qudämah,op. cit., 13:228.
'6'A1-Käf1f1 figh a!
Ahmad,
(On
line) available at:
-'Imäm
http://www.islamweb.net/phn/nhp arabic/ShowChanter
php?lnjz=A&Babld=257&Chapterld=257&Bookld=50
6&Catld=214,accessed16th July, 2004.
165
Johansen,
op. cit., p.135.
166
Ibid.
218
The covenant of `Umar I
Chapter Five
Chapter Five: The Covenant of `Umar I
5.1 Introduction
in
Arabic
known
alI,
`Umar
al-Shurüt
as
the
commonly
The subject of
of
covenant
in
both
discussion
modem
and
has
classical
and
controversy
`Umariyyah,
much
marked
limitations
body
is
decades.
It
for
long
historians
the
of
works. It occupied the minds of some
between
Muslims
by
noninto
treaty
conquered
and
conquering
and privileges entered
first
The
`Umar.
be
it
Muslims. Importantly,
noticed that there are two covenants of
should
This
Jerusalem.
the
has
of
people
addresses
attention,
scholarly
scant
received
one, which
between
Islam
defining
for
basis
the
be
and
the
relationship
as
considered
could
covenant
for
foundations
laid
in
the
document
is
It
that, all clarity and respect,
not only
the
Christianity.
future.
for
for
but
the
the
that
Islamic
and
centuries after
also
expansion,
the era of
The second covenant which occupies the minds of a large number of Muslim and nonMuslim authors, was purportedly written by conquered Christians themselves. This one will
be the main theme of this chapter. The covenant is commonly attributed to `Umar (reigned
634-644), but for a number of reasonsthat seemstoo early; it is, as some sources claim, more
likely to be a product of the reign of Umar II (717-720). This issue will be discussed as well.
The aim of this chapter is to show the reality of this covenant as an important event in the
Muslim history. While some authors criticised this covenant without having an academic
background, others just cast some doubts about its authenticity without giving proofs to
This
issues.
The
tackle
these
their
chapter
will
opinions.
chapter will study the
support
different factors that will determine whether to accept this covenant or reject it.
5.2 The Importance of Jerusalem in history
It is relevant to give a brief overview of the importance of Jerusalemas one of the
inhabitants
the
of this city. Jerusalem,or al-Quads as it is called by
covenantsaddresses
219
The covenant of `Umar I
Chapter Five
'
first
Jerusalem
the
Muslims.
important
was
among
position
an
occupies
now
native writers,
Ka'bah.
the
towards
to
before
Muslims
change
(direction
ordered
were
of
prayer)
qiblah
it
Islam
beginning
from
the
and was
of
Muslims, as Basal maintains, venerated this city
2
holy
irrefutably
became
in
Madinah
It
direction
first
it
became
the
of prayer
elevated when
instructions
heaven
Muhammad
from
to
and received
rose
which
to Muslims as the place
is
Armstrong
the
Furthermore,
the
Muslim
centre of
still
city
the
as
shows,
prayers.
regarding
the world and the place where each Prophet must meet
3
his destiny.
be
(Peace
Solomon
like
Jesus,
David,
be
the place where prophets
It is considered to
and
is
It
born,
their
the
to
which other
out
missions.
place
them)
and
carried
up
grew
were
upon
buried,
like
Lot,
Abraham,
Abraham
or
and
where
others
were
prophets migrated, such as
Isaac, Jacob, Joseph,and Moses (Peacebe upon them). Muir illustrates:
Jerusalem was to the Muslims an object of intense veneration, not only as the cradle of
Judaism and Christianity, but as the first Kiblah of Islam itself and also as the place visited
by Prophet Muhammad himself in his mysterious journey by night to heaven.4
Gray showsthe importanceof the city to the followers of the threedivine religions:
Thus for the Jews Jerusalem had the mystical significance of a national capital, invested with
his
House and with more sanguine hopes in his Messianic
David
and
association with
home
fortress
faith
It
the
of
of Judaism, Christianity, and Islams
was
and
successor.
Although the Qur'an did not explicitly refer to the city but ensuresits importance by referring
to the al-Agsd mosque. The hadith also has references which discuss this issue, foremost
is
the one that showsthe statusof al-Agsä Mosque side by side with the two
which
among
Holy Shrinesin Makkah andMadinah:
On the authority of Abü Hurayrah that Prophet Muhammad is reported to have said "You shall
only set out to three mosques the holy mosque in Mecca, my mosque in Medina, and the Aq$a
1 The name of the city came into currency in the tenth century
and gradually replaced the long appellation.,
Akram, M. Alsuds a historical prospective. p. l. The name came in the old Egyptian execration text which goes
back to the 19 century in some forms that could be read as Rushalimum. The Roman and Greeks used to call it
Hierusalim. In the Old Testament it was called Shalem. Sha`th, Shawgi,. Al-Quds al-Sharif. pp 15-16
2 Asali, K. J. Jerusalem in history. New York: Olive Branch, 1990, 105
p.
3Armstrong, Karen, Jerusalem on city threefaiths, London: HarperCollins Publisher 1996, 159
p.
4Muir, William. Annalsof the early Caliphate:from original
sources.London:Smith, Elder, & co, 1883,p.209
5Gray,John. A history of Jerusalem,London:Hale, 1969, 19
p.
220
The covenant of `Umar I
Chu ter Five
6
Jerusalem.
in
Mosque
Numerous
issue.
works
deal
the
same
with
Historical books, whether classical or modem,
Islamic
of
books
the
that
conquest
Most
these
Jerusalem.
state
of
talk aboutthe importance of
has
7
Jerusalem
"for
Yet,
Besant
hijrah
the
states:
in
the
of
year
Jerusalemtook place
seventh
it,
like
been
has
or
unto
there
other
none
the
world;
been the representativesacred place of
Jerusalem
to
importance
lasts.
"8
Akram
the
of
be,
the
it,
shows
world
to
while
or
shall
equal
it
fact
by
that
judged
be
the
importance
"the
of al-Quads may
three
the
religions and says,
from
Jesus
the
Jews,
the
place
and
the
of
the
crucification
of
site
temple
the
the
of
was siteof
"9
heaven.
Muhammad
to
ascended
where
5.3 A brief survey of the religious and political history of Jerusalem
11
638
A. D. The city retained its Roman name
Arabs conquered Aeilia1° (Jerusalem) around
(sanctity).
In
Arabic
this
it
to
the
the
regard,
tenth
al-Quads
changed
century when was
until
Gray comments: "the status of the city in Islam is indicated by the Arabic names bayt alMaqdis (the sanctuary) and al-Quads (sanctity). This status was maintained under the
Turks.s12 The Encyclopaedia of Islam mentions that since the name Aeilia is non-Arabic so
13
is
It
God.
house
Elijah
the
the
the city was given various names such as
of
sanctuary of
and
in
bayt
the
that
some classical
maintained
names
al-Magdis and al-Quads were not used
Arabic works. 14
6 Al-Bukhari, Harf EncyclopaediaCD-ROM of Hadith,Kitäb al-Jum'ah,No: 1115
7 Al-Salläbi, `Ali Muhammad, Fasl
al-Khitäb f sirat 'Umar b. al-Khattäb, Alexandria: Dar al-` Iman, 2002,
649
Besant, Walter, Sir, and E. H. Palmer, Jerusalem, the city
of Herod and Saladin, London: Chatto & Windus ;
Philadelphia: J.B. Lippincott, 1899, p.2
9 Akram, Muhammad. Al-Quds historical
a
perspective. Journal of the Pakistan historical society, 1955,43: (3),
239-248.
pp.
10This is the
name that was given to Jerusalem during the Roman reign. Peters, F.E, Jerusalem: the Holy City in
the eyes of chroniclers, visitors, pilgrims, and Prophets from the days ofAbraham to the beginnings of modern
times, Princeton : Princeton University Press, 1985.
F. E.Peters, Jerusalem, op. cit. 176. "The Roman Emperor Hadrian
p.
set out to Transfer Jerusalem into a pagan
Roman city and renamed it as Aelia Capitoline but
met with resistanceby the Jews." Akram, op. cit., p.40
The name
eithermeansthe Houseof God or it was calledso becauseof its founderIlia b. Iram b. Samb.Noah.
Al-IIamawi, Yaqüt b. `Abd Allah, Mu jam
Paris: ImprimerieImperiale, 1861,3:293
al-Bulddn,
12Gray, op.
cit., p.19
13Extract from
the encyclopaediaof Islam CD-Rom.
14Ibid
221
The covenant of `Umar I
Chapter Five
Historians do not agree on the date when Muslims conquered Jerusalem. Different accounts
in
brief
in
`Umar
I
Jerusalem
This
the
that
visited
person.
section will explain
mention
history
before
Jerusalem
the Islamic conquest. In this connection,
of
religious and political
Akram argues that Jerusalem was a Jewish city before the reign of Constantine the Great
'5
into
it
Christianity.
Gray argues that in the year 313AD Christianity
was turned
when
became a legitimate and eventually the established religion of Jerusalem until the Arab
16Baramaki says: "in A. D. 328 official
conquest.
sanction of the Christian faith was given by
"7
Constantine
Galerius.
Emperors
the
and
Turning to the political history, Asalai argues that Jerusalem remained under Roman and
Byzantium rule from 63 BC-637 AD. The most remarkable feature of life of Arabia in general
and Jerusalemin particular before Islam, was the total absenceof political organization in any
form. It can be argued that no part of the Arabian Peninsula had any government at any time,
and the Arabs never acknowledged any authority other than the authority of the chiefs of their
tribes. Siddiqui says there was a link between religion and politics. He illustrates: "religion in
the Near East has always been associatedwith the state. Indeed, religion always provided the
d'etre.
"18 In the same regard, Gray states: "thus the Christian
raison
state's
period in the
history of Jerusalem coincides with the Byzantine period, and most
of the material traces of
the early Christianity in the land are Byzantine. s19 Jerusalem fell into the hands of the
SassanidEmpire during the sixth century. Baramaki comments: "Chosroes I the Sassanidking
of Persia captured Jerusalem in A. D 614 captured Jerusalem and carried away the Patriarch of
Jerusaleminto captivity. "20
As for the situation of Jews and Christiansprior to this covenant,
we find Numani states:
-Omar's neighbourswere the EasternRomanEmpire
and the PersianEmpire and in both of
15Akram, op. cit., p.241
16Gray, op. cit., p. 194
17 Baramaki, Demetri. Jerusalem the key to
world peace, London : Islamic Council of Europe, 1980, p. 139
18Siddiqi, S. A, Public finance in Islam, Lahore: M.
Ashraf, 1948, p.25.
19
Gray,op. cit., p.194.
20Baramaki,op. cit., p.140.
222
The covenant of `Umar I
Chapter Five
them the situation of alien subjects was worse than that of slaves."21 As for some groups of
Jews, Hourani mentions: "Indeed for the Nestorians and Monophysites Muslim rule meant
22
illustrates
had
from
Orthodox
Byzantium"
Akram
then
they
tolerance
received
also
greater
the oppression faced by Jews and says: "suppression and persecution by the Romans led the Jews
"" A1-Khatib states that the Christians of Jerusalem
to developgreatervenerationfor Jerusalem.
during
the Roman Empire on the basis that Eastern
prosecuted
and
maltreated
were severely
24
is
different
from
Christianity
that of the west.
In addition, The Israeli historian Zev Vilnary expressesthe sufferings of Jews prior to the
covenant and maintains:
"Whenever Jerusalem came under the rule of Christians, Jews were not allowed to stay or live in
it. Those Jews who happenedto come to the city during their (the Christian) rule were either killed
or expelled. On the other hand, whenever the Muslims occupied the city they used to call the Jews
in, allow them to live insider the city.. and they lived in peace". 25
5.4 Expulsion of Jews from Jerusalem
Expulsion of the Jews from Jerusalem is one of the issues that has been raised while studying
the attitude of `Umar toward both Jews and Christians. One of the contemporary authors
behind
the
this expulsion and illustrates that the two groups did not honour the
reason
shows
treaties that they concluded with Prophet Muhammad and Abü Bakr. 26 Besides, Howaydi
explains that this expulsion was necessaryto secure the external borders of the Muslim state
it
and should not be considered as a discriminatory decree against any group of the people of
27
book
Al-Salläbi showsthe reasonfor this expulsion and illustratesthat the two groups
the
did not honourthe treatiesthat they concludedwith ProphetMuhammadand Abü Bakr.28In
brief, it could be argued that there is no comparisonbetween what `Umar I did
and the
2 Shibli, Numani Muhammad. Omar the
great, the second Caliph of Islam, Lahore: Sh. Muhammad Ashraf,
1962-1966,1: 164.
22Hourani, Albert Habib. Minorities in the Arab World, London;
New York: Oxford University Press, 1946,
18.
' Akram, op. cit., p.140
24Al-Khatib, A. Jerusalem in the Qur'an, British Journal
Middle Eastern Studies, (28), 2001, pp. 25-53.
of
25Dan Almaghor. "Jerusalem: Daughter All Generations"
of
Yediot Ahoronot. January 29,1993.
26Al-SallabT,op. cit., p.140
27Howaydi,FahmT,Muwdtlnün Id dhfmmiyyün,Cairo: Dar
1999,p. 191
al-Shurüq,
28Al-Sa11abT,
op. cit., p.140.
223
The covenant of `Umar I
Chapter Five
Jews
is
It
Islam.
that
before
the
Jews
maintained
hardships that
emergence of
went through
hands
the
destruction
the
Christians
their
of
in
the
at
churches
of
and
took part the massacreof
Persians. Thus, it was the patriarch Sophronius request that Jews should not reside with
29
Christians in Jerusalem. It could be argued, as the Encyclopaedia of Islam claims, that some
be
It
Jews.
the
that
talks
the
should
Christian authors added the article
about
expulsion of
from
did
`Umar
Christians
Jews
the
Ibn
that
not
expel
and
al-Qayyim
states,
all
as
noted,
Arabian peninsula. The Jews of Khaybar were eventually exiled for falling short on their
Muslim
danger
for
to
the
the
they
consequent
nascent
posed
agreed upon commitments and
lifetime
Prophet
had
Jews
The
Muslims
than
the
the
of
of
a
closer
contact
with
community.
incorporated
Jews
Madina.
Christians,
were
especially
at
as a community of a recognized
with
faith in Mdtnah at the side of the Muslims but there developed a severe confrontation between
Jews and Muslims which in the end led to expulsion of the three Jewish tribes.
The Christians of Najrän were exiled because they broke their covenant with Prophet
30
deal
Muhammad when they agreed not to
with usury. It can be argued that there is no
between
`Umar
did
hardships
I
the
that Jews went through before the
what
and
comparison
emergence of Islam. Baramaki refers to the latter period and maintains: "in A. D. 66 the
Gentile population of Caesareafell upon the Jews and massacredthem without any attempt on
the part of the Roman Procurator Gessius Florus to stop them.s31 One could claim that `Umar
I carried out the instructions of Prophet Muhammad to expel Jews and Christians form the
Arabia peninsula. Traditions that underline this meaning have been referred to in the second
chapter.
5.5 The covenant of `Umar I (Covenant I)
Importantly, `Umar I concluded covenants and treaties with the People of the Book. Some
in
historical
books and are given in full detail while some
are preserved
others are in brief.
29Ibid, p.143
30Ibn Qayyim al-Jawziyyah,Muhammad b. Abü Bakr. Ahkäm
ahl al-Dhimmah. Beirut: Dar al-Kutub al`Ilmiyyah, 1955,1:144-145
31Baramaki,op.cit., 1980,p.137.
224
The covenant of `Umar I
Chapter Five
We
I.
`Umar
Both
the
covenant of
are called
It will be noticed that there are two covenants.
form
I
Covenant
the
for
takes
II
of
I
the
clarity.
sake
of
them
covenant
and
covenant
will call
historians,
Jerusalem.
According
Patriarch
Ito
to
Caliph'Umar
by
the
some
of
a letter sent the
32
is
in
Al-Tabari
`Umar's
Islamic
during
among
the
reign.
conquest
this one was concluded
Jerusalem
is
Patriarch
It
this
that
historians
to
of
covenant.
reported
the early
who referred
his
by
be
by
himself
Caliph
than
the
of
one
demandedthat the covenant should
signed
rather
`Umar
The
Caliph
Thus,
the
of
the
covenant
and
concluded
covenant.
came
representative.
Christians
to
the
them
to
over with
and
win
please
of
al-Quds
measure
opportunist
an
was not
from
intellectually,
Byzantium
them
to
socially,
as claimed
and
religiously
estranging
a view
by a group - or rather a large number - of Western historians. The rights of non-Muslims
in
by
`Umar.
living
Christians
Jews
Islam
the
the
covenant
of
and
city
guaranteed
were
under
in
for
Muslim
their
protections
rights
and
exchange
acceptance
various
of
granted
were
important
domination.
This
historical
the
covenant
was
not
only
event of
social
and
political
its time, nor was it the first Islamic measureof tolerance in the wake of the Islamic conquests.
Khälid Ibn al-Walid, during the caliphate of Abü Bakr, concluded pacts with the people of
Damascus, Horns and Hama that guaranteed them the same rights as those secured for the
Christians of al-Quds by the Covenant of Omar. Khalid was the first to have done this.
The following is the text of the covenantconcludedwith the people of Jerusalemto which
historians
refer:
and
other
al-Tabari
In the nameof God, the Merciful, the Compassionate.
This is the assurance of safety (amän) which the servant of God, 'Umar, the Commander of the
Faithful has granted to the people of Jerusalem. He has given them an assurance of safety of
,
themselves,for their property, their churches, their crosses,the sick and the healthy of the city, and for
belong
to their religion. Their churches will not be inhabited (by Muslims) and will
that
the
rituals
all
destroyed.
land
be
Neither
they,
the
nor
on which they stand, not their cross, nor their property will
not
be damaged.They will not be forcibly converted. No Jew will live with them in Jerusalem. The people
of Jerusalem must pay the poll tax like the people of the (other) cities, and they must expel the
Byzantines and the robbers. As for those who will leave the city, their lives and property will be safe
until they reach their places of safety; and so far those who remain, they will be safe. They will have to
like
Jerusalem.
the
Those of the people of Jerusalem who want to leave with
tax
the
people
of
poll
pay
32Historicalsourcesmentionthat uponthe demandof the Patriarch,Umar I
camein personto Jerusalemto
concludethis covenantinsteadof it beingconcludedby oneof his commanders
225
The covenant of `Umar I
Chanter Five
be
their
their
Byzantines,
their
take
safe until they
churches
and
crosses
will
the
property and abandon
killing
in
before
(ahl
Jerusalem
Those
the
of so
al-arcs) who were
villages
reach their place of safety.
Jerusalem.
if
but
like
in
they
they
the
tax
the
the
of
wish,
must
poll
people
pay
city
and so may remain
Those who wish may go with the Byzantines, and those who wish may return to their families.
Nothing will be taken from them before their harvest is reaped. If they pay the poll tax according to
their obligations, then the contents of this letter are under the covenant of God, and the responsibility
faithful.
The
b
it
Caliphs,
Khälid
his
the
the
to
of
persons
al-Walid.
who
attest
of
are:
prophet,
of
`Amr b al-`As, `Abd al-Rahman b `Awf, and Mu`äwiyah b Abet Sufyän. This letter was written and
33
15/636-37..
prepared in the year
The Arabic version of this covenant, cited by some classical and modern historians, and
is
from
its
form,
in
fullest
tärikh al-Tabari:
quoted
which appears
4i-Wj t44
ýJsAA Yý
WºýIº JAI
N
Jat
1º
Al
I:
04-10vL"Jº
vL'
}.
v,.
%z
=j . A
4t,
)+j
OLLI
eAll=t
ßy1º,
ý .
14ý
Yý
4ý
Yý
ºrat v
Y,
lS
Y
rýý
:+y,
w
w
ý5.
rYý
,
c:
cri
ý
ý;
J
tas ;ýt, ºnji. "t t1º LW
1,4:.
6
Y,
Vj
(,.,
e+- 44:
olp c,
cam, -41
re -1-1J
=,
(ýJ , 4..;tý evil(ý-,
ýO
cj
,J 0-U
rem-
C>j
I- º, xiý, eil., .Lý
U::ý rýýº e 41-1
vc
JAI
LW U;._)ýº
:
v
mot,
rß;
0
ýº
43.1
t:
&a
ut
j
". - r--)!
(y-l
ej
j
L41Jai
'ý34 it L JAI L. a
Cjt
,
.
41
d:-. ) 4tßvq, r0't
L.jyly
r+j'°j
ec
rte' c,rL-.J
4.
fit,.
ºC
!
vj
"U
"4
X1+1
-)tw
J
The covenant describes the nature of the pledge that Muslims made to the Christian
in
is
beyond
Jerusalem.
It
the scope of the researcherto explore the authenticity of
community
it
is
I
not controversial. If it is authentic then we should accept it, if not there is no
covenant as
it
it
be
to
to
tolerant and does not oppose the instructions of the Qur'an
as
seems
reason reject
hadith
the
commandments of
and
5.5 An introduction to covenant II
This section will give an overview of covenant II and how it is viewed by different
authors.
According to Margoulith, the covenant is translated into "the ordinance
4
'Umar".
The
of
has
I
`Umar
of
attracted the attention of classical and modern authors and
covenant
orientalists to the extent that many have dedicated significant parts of their works to this
33Friedman,Yohanan,Thehistory of al-Tabari, XII: 191-92
34Margoliouth, D. S. The early developmentof Mohammedanism:lectures
delivered in the University of
Londonin May andJune,1913,London: Williams and Norgate,1914,p.181.
226
The covenant of `Umar I
Chapter Five
brought
35
this
about
interpretation
covenant
of
The
articles
some
of
topic.
ambiguous
from
Jews
I
to
`Umar
is
It
that
in
expel
order
an
gave
argued
sources.
modem
misconceptions
Madinah. An issue that has already been discussed.It is alleged that the covenant was unfair,
In
Book.
this
deal
People
the
regard,
the
that
the
to
of
with
regulations
regard
with
especially
Arnold argues: "a later generation attributed to `Umar a number of restrictive regulations
°'36
Besant
free
that:
in
Christians
hampered
their
the
the
maintains
exercise
of
religion
which
in
in
from
Jerusalem
"these terms exacted
common with other conquered cities, were, spite of
for
Christians"37
hard
humiliating
the
boasted
'Omar's
and
generosity and equity, extremely
Commenting on the issue of Muslim's conquest of Jerusalem, he claims:
In spite of the great accession to our knowledge of the literature of this period that has been
doubt
if
Saracen
last
during
the
the
the
respecting
we
popular
notion
century,
made
been
have
Jerusalem
much modified and many people still regard them as a
conquerors of
8
barbarous
fierce and inhumane horde of
savage.
In order to addressthese claims, consideration will be given to the articles that this covenant
between
be
A
this covenant and the constitution
they
comparison
analyzed.
will
stipulates and
if
in
be
discussed
This
Madinah
two,
chapter
will
made.
as
section will consider this pact
of
is on similar lines to the previous covenant or contradicts it. As a result of this covenant,
base
judgments
it
jurists
their
own
on and some others added their own articles to the
some
issue,
Asali
include
On
"the
developed
'ahd
this
to
text
the
comments:
version.
of
was
original
have
is
judicial
to
the
the
that
no
relevance
which
period
of
conditions
conquest, and
received
formulation capable of meeting new developments."39
This point will be discussed by focusing on the books of the four Sunni Muslim Schools of
law. This covenant served as a model for the treatment of non-Muslims, more specifically
dhimmis during a specific time period. It is considered to be one of the canons that Muslims
3sExamples:Tritton, The caliphsand their non-Muslimsubjects,
a critical studyof the covenantof `Umar;Mark
Cohen,Undercrossandcrescent;and finally Ibn Qayyimal-Jawziyyah,ahkämahl al-Dhimmah.
36Arnold, ThomasWalker,The preachingof Islam; a history the
of
propagationof the Muslim faith, London:
Constable,1913,p.57.
37Besant, op. cit., p.80.
38Ibid, p. 82.
39Asali. K.j. Jerusalemin history,New York: Olive BranchP., 1990, 107
p.
227
The covenant of `Umar I
Chapter Five
0
The
dhimmi
several
the
contained
to
covenant
that
issues
people.
in
relate
and privileges
use
(2)
the
ritual
life
and
churches
(1)
of
security
property;
and
of
security
clauses such as:
(5)
);
(jizya
in
(4)
tax
to
and
Jewish
the
ban
pay
(3)
city;
obligation
residence
on
a
worship;
in
leave
to
in
tax
the
as stipulated, or
freedom to choose whether to remain the city and pay
Covenant
`Umar's
in
full
be
through
the
next sections.
explained
safety. All these clauseswill
is
It
in
Palestine.
the
between
Christianity
Islam
defining
for
the relationship
is the basis
and
Islamic
for
laid
foundations
the
in
the
era of
document that,
not only
all clarity and respect,
is
Covenant,
for
future.
This
for
a
that
the
but
which
the
and
after
centuries
also
expansion,
how
between
Christianity,
Islam
it
to
shows
and
relations
comes
reference text when
between
first
Muslims
those
the
themselves
other
of
relationship
and
the
saw
positively
religions.
`Umar's covenant with the Byzantines of Jerusalem followed the pattern set in Damascus.
With the payment of the poll tax and the acceptance of the "Security of Islam, " Christians
from
leaders
Christian
the
their
ecclesiastical
pilgrims
under
and
self-government
were given
West were permitted to perform their religious rituals. As for the importance of the covenant,
Arnold comments: "Muslim theologians accepted these ordinances as genuine; they are of
importance for forming a judgment as to the condition of the Christian Churches under
Muslim rule. "41 Among the early classical works that referred to this covenant is the
(d.
Zabr
239
known
Ibn
A.
H)
(the
al-Qädi
of
as
shurüt
al-Naýdrä
stipulations of
manuscript
Christians). This manuscript will be among the important sources that will be used in this
kitäb
Other
of
relevance
are:
works
al-Khardj of Abü Yüsuf, the Hanaf judge and the
chapter.
Qayyim
Ibn
al-Jawziyyah ahkäm ahl al-Dhimmah (regulations of the People of
of
work
dhimmah).
5.6 Authenticity and date of the covenant
Questions such as the authenticity and date of this covenant still need to be
ao'Abd Allah, M Yasin. AN a-Islam wa ahl al-Dhimmah. Cairo:
publisheris not mentioned,1998,p.36
41Arnold, op. cit., p.57
228
The covenant of `Umar I
Chapter Five
this
which
have
the
agreement
of
authenticity
Modern
questioned
scholars
answered.
the
and
forms.
Although
texts
the
policies
different
reflected
textual
in
several
exists
they
Muslim
beginning
from
reign,
the
of
attitudes towards the conquered population
Muslim
least
200
the
in
today,
form,
after
they
in
years
at
exist
the
which
were collected
for
the
a
proof
Christian
as
pact
who
preserved
There
communities
were even
victory.
be
Jews
in
that
not
should
accepted,
reality
never
a
ruling,
adding
their rights, sometimes
doubt
this
and
the
covenant
Different
of
in
on
authenticity
cast
their
authors
city.
allowed
have
"some
Peters
Jerusalem.
western scholars
argues:
the visit of `Umar I himself to
have
just
the
in
Jerusalem
they
at
if
he
wondered
all,
as
at
was ever
wondered
in
incorporated
document
those
accounts"
some
of
same
the
of
authenticity
42
Some
legends.
based
that
this
on
Arnold shares the same opinion and states
visit was
historians agree that the date was in the year 15thof hijrah 638 AD. Some others say that the
Syria
Christian
I
by
`Umar
637
the
and
of
after
conquest
about
originated
probably
pact was
be
drawn
began
to
this
is
It
that
the
up when
covenant
Palestine.
conditions of
argued
43
be
importance
himself.
The
Caliph
this
to
the
covenant may
Jerusalem was submitted
of
following
by
in
Margoulith:
"the
the
to
the
ordinance goes
words
whom
question
summarized
back does not concern us; what is certain is that it was frequently enforced."44 Arnold stresses
lies
in
historic
fact
it
importance
tradition
this
the
the
that
the
covenant
of
represents
that
45
historians
hijirah.
by
Muslim
Although
the
the comment
the
of
second
century
of
accepted
be
baseless,
Armstrong
Muslim
towards
the
states:
conquered
people
policy
could
regarding
"it is almost certainly not authentic, but it does accurately express Muslim policy regarding a
s46
Tritton
shares the same opinion stating: "suspicion arise that the
people.
conquered
`Umar.
s47
is
the
of
work
not
covenant
42 Peters,p. 185
43Arnold, op. cit., p.56
as Margoliouth, D. S. The early development of Mohammedanism : lectures delivered in the University of
London in May and June, 1913, London: Williams and Norgate, 1974, p. 121
45Arnold, op. cit., p.56
46Armstrong,Karen. A history of Jerusalemone city threefaiths.
47Tritton, A. S Thecaliphs and their non-Muslimsubjects:a critical study of the Covenantof 'Umar, London:
229
The covenant of `Umar I
Chester Five
In contrast, Bukhsi affirms the authenticity of this covenant and states: "the caliph simply
binding
his
by
them
the
a
of
charter
terms
the
conferred
upon
approval
and
approved
treaty.1,48
5.8 Articles of covenant II
This covenantraisespoints such as the issue of wearing a certain kind of cloth for both
Jews and Christians and not to renew the places of worship. The articles of the covenant,
Tritton argues,take the form of a letter sentto Abü `Ubaydah,the Chief Commanderin Syria,
by the Christians of Damascus.The articles of this letter run as follows:
"That When thou comest into our land we asked of thee safety for our lives and the people of our
imposed
its
build
in
Damascus
these
terms
to
on
ourselves;
not
and
we
and
environs church,
religion,
is
dilapidated
in
hermitage,
to
them
that
repair
what
of
nor
are
not
our
churches
any
of
monk's
chapel,
Muslim quarters, not to withhold our churches for Muslim stopping there by night or day to open their
doors to the travellers and wayfarer; not to shelter there nor in our houses a spy, not to hide on who is
bell
in
beat
Muslims;
display
to
the
to
the
to
traitor
gently
our
churches,
not
a cross on them , not to
a
in
voices
prayer or chanting loudly in our churches, not to carry in procession a cross or our
raise our
book, not to take our Easter or palm Sunday processions, not to raise our voices over our dead, nor to
in
fires
them
the markets of the Muslims, nor bring our funerals near them; not to sell wine
with
show
idolatry
in
companies of Muslims, not to entice a Muslim to our religion nor invite him to
nor parade
it; not to keep slaves who have been the property of Muslims; not to prevent any relative from entering
Islam if he wish it; to keep our religion wherever we are, no to resemble Muslims in wearing the
Kalanswa, the turban, shoes, nor in the parting of the hair, nor in their way of riding, not to use their
,
languagenor to be called by their names; to cut the hair in the front and divide our forelocks ; to tie the
Zunnär round our waists ; not to engrave Arabic on our seals; not to ride on saddles; not to keep arms
in
houses
honour
them
Muslims in their greetings, to guide them on
to
our
nor
wear
put
swords;
nor
the road, to stand up in public meetings when they wish it; not to make our houses higher to theirs; not
to teach our children the Koran; not to be partners with Muslims except in business; to entertain every
Muslim traveller in our customary style and feed him in it three days; we will not abuse a Muslim, and
he who strikes a Muslim has forfeited his rights. s49
According to historical sources, the above-mentioned text concerns the Christians of Syria in
the seventh century. Gillman refers to this article and says that Christians were bound to build
S0
Muslims
that
churches
and
were always admitted to those Ayüb refers to this
no new
`Umar
I gave them a letter of protection in which he
that
and
states
covenant
stated that no
51
harm
Muslim should
them.
Cass, 1970, p. 10
48Bukhsi, op. cit., p. 121
49Triton op. cit., pp. 7-8
soGillman, Arthur, The Saracensfrom the
earliest times to the fall of Baghdad, London: T. Fisher Unwin, 1887,
p.249
SIMahmüudAyüb, Nearestin amity: Christiansin the Qur'än
and contemporaryexegeticaltradition,Islam and
230
The covenant of `Umar I
Chapter Five
5.9 The different asanid52of the covenant
be
They
different
that
this
have
the
will
Now I
covenant.
narrate
asänid
come to show
arrangedchronologically.
5.9.1 The isnäd of Abü Yüsuf53: (113-182 AH)
cit ýt
L: Djl'ul
I, i.t: Vi, "
14
Jl.
oll zu-)) 0.r.
L.L. I.r :IdcJ,
l Jrte-
JU
rt
I LW
ß..41s l, Z" -141
lS
,j
4
i
re.,
r'd-P
tit
,
LL--A'.
ýI
4=&.
A
-L-11 it t+ r cr
-::g cb, mlIri it X43
i,
Lill
;.;
I.
U
mot
I,
j,
A
SI-A
Cr
zi,;
'}
°
s:?,
e4jli.
dla,,,,, v;
cj ,
VI)
-3
d
J3
il
y,
ýl
31
lye,
y,
ul
rIr!
"41-0
&.
vj
-L-JI
vc eV "i
a.,;
f+
vi
0
l;
Is
::
I
3l
ýý ta=+r.ý?c} j3Vjr.
X159.
X11 y.
rý so
cL
%j
Y"
Jai LOU
yl
e
csý
'A
%ý 46 a14 rIIVj
ýy:, ll
Abü Yüsuf said some knowledgeable people informed me through Makhül al-Shämi that Abü
`Ubaydah b. al-Jarräh, upon entering Damascus,made a peaceful treaty with the people of the city and
imposed the following regulations:
that their churches and hermitages will be left untouched and that they should not build a new
hermitage or a church, that they should guide those who are astray, that they should build bridges on
the rivers out of their own money, that they should host any Muslims passesby them for three days,
that they should neither insult a Muslim nor hit him, that they should not show their crosses in the
houses,
Muslim
Muslims'
take
their
to
the
the
that they should carry
community,
nor
of
pigs
presence
torches to dwellings to show the way to the Muslim conquerors at night, that they should not violate
the Muslims' privacy, that they should not ring the bells of the churches before or during Muslim
display
banners
during
they
that
their festivals, that they should neither carry
should
not
prayers,
festivals,
during
keep
it
in
their
their houses, if they violate any of these regulations
own
nor
weapons
they must be punished and the peaceful treaty is to be breached. Thus, according to the author, they
agreedupon these regulations as basis of truce.
Overview
Looking at the isnäd of Abü Yüsuf, we find that he attributes the covenant to one of `Umar's
commandersand not the Caliph himself. This might lead to the assumption that the covenant is not the
product of `Umar. In addition, Abü YGsuf reports his narration from Makhül who died in 113 AH.
This meansthat Abü Yüsuf did not meet him at all, as he died in the same year when Abü Yüsuf was
born. Furthermore, Abü Yrasuf reports through some knowledgeable people without mentioning their
names. This would make us reject this narration in general because it seems that the isnäd is
ChristianMuslimrelations, 1997,8 (2), PP.154-164
52A plural of the word isnäd. A chain of transmitters through
which the report is traced back to an eyewitness or
at least to an earlier authority. Motzki, Harald. Hadith: origins and developments, Aldershot: Ashgate, 2004,
p.XIII. Or the chain of oral authorities which connected each tradition with its source. Ibid, 5.
53Abü Yüsuf, Ya`qübb. Ibrahim al-'Ansari. Kitäb
al-Kharäj. Cairo: al-Matba`ahal-Salafiyyahwa maktabätihä,
1933,p.138
231
The covenant of `Umar I
Chapter Five
interrupted and those knowledgeable people might not be trustworthy as we do not know them.
4
(126-211 AH)
5.9.2 The isnäd of 'Abd al-Razzäq al-San'äni
The following is the isnäd of `Abd al-Razzäq al-$an`äni. Interestingly he attributes the
('Umar
II):
b.
`Abd
to'Umar
al-`Azz
covenant
e,
q
': ui ý-P
uº
ýr rý
ºýýº
w ürA:4 w JsA Cp 6 rte uni
.
º
ºj
º, s.mY, raýtýoº, ý.:ý;, ýa-;.
:j ýa ýý
aºy
" 1.,.x; 1, I.sýY°d
º
ýu
ui ýa ý":
t3-9i
t+A-
Vj , U-r-
ýi
üi ý!
dJl
cSýl.
'136Cý)-Lr6
`Abd al-Razzäqtold us: Mu'mmar told us through `Amr b. Maymün b. Mihrän said: `Umar b. `Abd al`Aziz stipulated that: Christians of al-Sham" must not ring the church-bells, he said that they must not
foreheads,
belts
hair
in
fringe
their
they
that
they
tighten
the
that
their
shear
should
should
and
make
that
they must not wear sweatband, that they
they
that
their
saddles,
not
ride
on
must
waists,
around
must not erect crosseson the top of their churches
Overview
The first thing to be noted here is that the narrator attributes the covenant to `Umar II. This
`Abd
has
Although
big
al-Razzäq's
mucannaf
a
confusing.
part called the Book of the
seems
Peopleof the Book (kitäb ahl al-Kitäb). It dealswith other issuessuch as clothing, churches,
The
did
so
on.
and
musannaf
not refer to the covenantof `Umar I in anyway.
slaughtering
The following is a copy of the covenant and it is found in kitäb al-Umm of al-Shari. It is
it
be
but
how
isnäd
to
this covenant was circulated among jurists. The
cited
show
will
without
6
(150-204 AH) runs as follows:
text according to al-Imäm al-Shäf1
wc
c? cý- ct-ýIr°ý1º cs
cj
11
11
Al
:ý
S
ßs,
jy1º UIc cl. o its
x,
ti ýuyl .1IJi III
ýý u,
511
J,
I
ý.
ý:u
ýº
Ll
t&
I:
S
ýIiS, ýs; ý
ý; +ý ýo- cý
ý°i
A
-?
?
,
c's:
ciýl3. ,p,
1
º
1º
JAi,
º º:ýs ýl, jai v,.;;; º,. o, tº Jsi, Ulis ii, ý,sl.
ýºiS.ý1,ýyaiý,.;;, ý.a;
X1,,; vi ýuttý ýs1,
ýJl
.
ii
I,
Lu
y=
lc,
1
41-j
ji
L. lc UIII J4
Z4
`cs1`
- LvJ
o
tie
L:IL , Iy
X11
ty], X11
ý,
J1
Y
sue
ýL-yl
4Alm
?.
4-)a
?
ion t. fit, ýIt iii,
' °l."J
Yj ý.
,ic: ',
cj-j
"ýº ýý
,i rý", '
lC
t
ý;
ýcJl
ýlýci
L
cam,
ýº
i
csý`°
ýýyul..ýo1)
rý
üI
sei vi
A.I. j j. i Z ui rU
, 11
5 I, I %u5A-IA
! cý:i"; ýº 1"'°i %ý.
ýi
4,.
J c:ýi ý: iy y tA?'
sa Al-San`anT,`Abd al-Razzäq, Muannaf, Kitäb ahl
al-Kitäb, (On line) Available at:
http://www. sonnhonline.com accessed21-09-06
ssThe term "al-Shäm" may be used to describe either the
city of Damascus of the larger region of Syria, just as
the term Misr may be used to describe either Cairo or the larger region of Egypt. "Al-Jazºra" refers to "upper
Mesopotamia," or the northern half of the region between the Tigris and Euphrates Rivers. The
is
region
highlands, while the southern lowlands with its interesting canals, in the same era
were termed "Iraq".
56Al-Shäf'T, op.cit., 4:280-4.
232
The covenant of `Umar I
Chapter Five
ýºjWj yin
St
n
aG
JAIJ1J,
Js
tos
a:-_%.ý;.
,. ý,
o1
Allah
in
he
for
jizya
the
the
treaty
of
imam
If the
name
should write:
payment of
wants to conclude a
Allah
is
document
by
This
the
so
Compassionate
the
of
worshipper
a
written
most merciful.
the most
in
for
faithful
the
the
two
(fulän)
the
month
the
of
year
so
passed
and
so
a
nights
of
commander
and so
Christian
Christian
(kadha)
the
the
the
Rabi'
to
people
resident
of
so
and
so
and
so
and
so
al-Awwal
of
from
for
for
Christian
the
to
land
the
that
asked
people
you
safety
you
and
the
when
so
so
and
of
of
land of so (kadha) that I should conclude a treaty with them as I conclude it with the dhimmi people
for the covenant you concluded with me. I made some regulations for you and for them and I replied
fellow
I
treaty
them
that
that
all
with you and with
to your request
we grant you and
concluded a
Christians safety as long as you and they maintain the regulations that we impose upon you that you
do
Muslim
fall
that
to
the
nothing
else,
and
and
you
should
anything we ask
rule
not
refuse
under
shall
Prophet,
God's
if
His
the
the
that
name
of
mention
of
name
or
religion with that
anyone
you
you,
debarred
from
be
is
he
God
is
the
to
protection
of
and the protection of the
not
proper,
which
him
is
Muslims
faithful
the
to
the
and
covenant
of protection which was given
and all
commander of
his
life
be
his
be
will
considered like the property and lives of the
to
property,
considered void,
enemies.
L"
la,
J-ij
JU
eJJC-
säll
. 4Z L)
cb "'ý°ý'ý
J
lU
Jl
JA
nWi
)l
Al
AAA
AL-.
(y.
lc
"w.
,t
C7"*
f-LeS.
e!
-4z
ClC,
cjý
Cjt , ,; iG S Imo,tom)
rr-
t~.
sl
t
'nJ ,i
JL"ä,v3.1.,ß.11
c
t
C,
_ Ji
jIS ýI, o.lº. ýäi L;
l.
,9,; 1r-
.;
C3:.
_)L
UAý,
All.
l
,i
41
v "q JU ,i
IA
Y L1S
es4iL$.
Y its Li 6ý.Y.
al esj..uo;a:LL,,, -Afs , X11 Jhº;,
ý
ü
its rs;
1
'l.; li
iI
I,
J
u r1Sti,J esýA ýe=ý?
'
", j..
6L-,.%A
I-A , e-44 L., tic
.
ULI* l: Jj
11
Win;
ji
tl:
m'siwC)LS 4A!
t4l
u, ,i eS. tip
Juj
Jj
ICI,
ºq11
4 rid. ýl
.,.
3 ICI J
1. ý, c
rS1t.
r3
-ý
'I) ou. ,. Isla
If one of their men commits fornication with a Muslim woman or asks for pseudo-marriage
Muslim
Muslim,
to renounce his religion, or helps the enemies to fight
causes
a
or
a
or robs
Muslims or violate the Muslims' privacy, or help the spies of the enemy, he has preached the
his
life
of
protection
and
and property cannot be spared. If one of them makes a less
covenant
harm to a Muslim concerning his property or honour, he i. e. the offender is to be punished,
that we verify every contract you conclude with Muslims, if we find any regulations that are
by
Islam,
we shall reject this contract and punish you accordingly, an example
permitted
not
is
blood,
to
that
sell
wine,
pigs,
or an unclean Caracas, or anything else of that kind, we
of
shall cancel this contract and take the price of the sale if it was paid to you, we shall keep it
i. e. the price (if it was not paid), that we will pour the wine, blood, and bum the carcase,if
by
Muslim,
these
things
there will be no blame upon him and we will
was
consumed
of
a
any
him
that
you,
you
should
not
give
punish
anything which is forbidden to eat or drink, you
him
a woman to marry in the presence of your witnesses or conclude a
not
give
should
is
in
contract
which
null
our religion. We shall neither follow nor ask about a
marriage
disbeliever
with
a
you
concluded
contract
among you or from outside as long as you agreedto
the condition of this contract, If the seller or the buyer wants to annul the sale and comes to us
for
it
that,
would
annul
we
as it is to be annulled in our religion and we would permit it
asking
if it was to be permitted in our religion as it is a concluded sale between two
parties.
(ý,j 1c'x-Yºts' LSIM ýý+;Yi
ºý
rst,
ºýj ýw
Ai'j_)j
l;
j!: LL3 a
º ýº
,ýtý
ýº
ýº
c1Aiý"
Cr ji
15O
La.fry
i.AL4 LL. -ii ºýi,
esý. ,i
I.
U
A.
V)
I.
!
IýIj j]l.
4U Al tilt' y ý,
iýc
*l.
oL (j
a"s11
Lý.
v3'ý31r
233
414
ulk Al
a3
The covenant of `Umar I
Chapter Five
judge
judgement
for
according
than
will
we
you
That if anyone from amongst you or outside ask other
(by
if
between
interfere
judge
you
you,
then,
if
to
law
but
not
will
we
Islamic
asked
not
were
the
we
to
it
is
the
from
the
then
of
relatives
outside,
Muslim
killed
or
you
or a mu'ähad among
a
mistake)
it
is
in
Muslims
the
(diyyah)
on
the
relatives
or
among
case
the
as
to
compensation
offender are pay
has
then
if
the
relatives,
no
the
you
amongst
offender
father's
compensation,
the
side who should pay
killing,
i.
intentionally
if
he
this
his
e.
from
crime
commits
own wealth,
the compensation is to be taken
the
killed
take
heirs
to
be
the
is
wish
person
(retaliation)
of
to
carried out unless
then gisäs
compensation.
ýnll
Yl
B
c
j,
(yo
-Q
1a.
A]
1-!
j ý,
ai
I-i
j:
j
ý
Li,
ý u1
1j.)604 J
ý1ý
cr:
csýý'rý
w'
'Y'
»e
Lgi.
ýý" I ! 'ý °' Yý 'rS ºýl.d
cS
ý+rýýý;ý,SºIýtý,ýl
ýý+ýr
4.Jk?i
""
uý3 U (3 - ICI", ý1ý3t SU 1 U31(31,1 'ý"3i; tý" c!1"' c:r1
IGP-yl
L.
4..
ý
"1
V
rL
.
eLS-'
es?
c, -)
va-i
ý.
Y
°
ý. y.
I yi, y
ýuýS
éJ
I
VI 19r r5I.
'JJJ
I, itj
éýi>
1
11r
ü- ýy " r.ý ý} Yj r4r I
vgl Irýwl
9 e4J
Jy'ýDJ Ijll.
Vj«,. º I. dl &I
i
i
judge,
issue
to
the
then the thief
the
stolen
the
were
raises
property
If one of you steals and
one whose
is
be
is
fined,
if
to
the
(
thief
the
his
hand
slanderer
the amount reachesa nisäb) and
is to have
cut off
law
is
be
Islamic
if
he
fixed,
to
the
to
if
so
be
according
the
punished
not
was
to
punishment
punished
here
for
for
incumbent
be
laws
Islamic
stated
or
what was not
you
everything
we
upon
that the
will
build
in
Muslim
territories,
trinity,
the
a church
nor
that
nor
preach
you should not show cross
stated,
blasphemy
Jesus
for
to
the
church-bells,
use
words
of
ring
nor
prayers,
nor
your
or a place of assembly
belt
Muslim,
the
that
Marry
to
above all your garments
should
wear
waist
you
the son of
or any other
from
be
different
hidden,
those
belts
that
of
and
should
saddles
mounts
the
your
that
not
are
waist
so
Muslims, and make your helmets different from those of Muslim by putting a mark on them.
k- Y. -°
J)
e
,
Y
',
"uc "w , v. {,
4
JJ
JS
Zvi rýj(I
pJ Cý-6Ju
c,ýý3:
"w ,
..ýL
ul :, Iý
Yj
c3,
csJ-11
iý
ü...
JS
Y
*3
`º: ui 4J vyý
"'u,. c9ý c
v: A°II'
ýLH
LA4
L°
Ij eSe°'T
r
Vi
r"
A41r.
tlJAI
Jj- e!
wi
aY
gti
1.
Lr.
11
Y
v1i
illb"
c .
Lo-kYW. Ill
y "ýlöC
'jý
Iý I üA AY
C.
- Aýa
csý csJ. .
ýý
LVjj
ýti ý
'JUA
That you shall not take the crest of the roads or the important places of assemblies in the presenceof
Muslims, that every free adult male from among you should pay jizya one dinar at the beginning of a
lunar year, he is not to leave the territory until he pays this amount and he cannot appoint somebody
be
is
it,
his
jizya,
the
this
the
to
to
will
enough
until
payment
new
poor
pay
poverty
year,
pay
else
dissolve
if
have
from
jizya
the
will
of
paying
nor
covenant
protection
and
you
exempt
you
cannot
is
be
it.
from
Nothing
to
taken
take
your wealth more than jizya as long as you reside
anything we will
within the Muslim territories and travel unless you are traders.
illy
.
.4aI5
ý1 ýjlý ý4
Jýý
ýu
ý!
WoLýýtº
rSl9
JW ü=
º>>
v.
vt csý jº
,ýºº tSsºýti.
YI ldie 1Luel'¢oIlrS1u, º;I3 jlyll
VI
l. S &+_I..._II
ý'
'ýOjy
Jl:,
Jsý
;:
rG
:
r"YD
'ý
!
aid;
i.
r
ý:lu
ýwi
üý
"c
!
Jy. 1 es, u 4j
1º
Löýllý
ASA
!
ý}. a.j
cj:ý!
J. Sýº
ýt rüal ýt , ýLü üai
D
y,.;, "it
vý
d
Al .ice Ali t+.;*.)i
That you cannotenter Makkah under any circumstances,and if you are to trade within the Muslim
territories, `ushr is to apply and you can enter all Muslim landsexceptMecca,that you can residein
any Muslim territory exceptal-Hijäz and you shouldnot stay for more than three days in any Muslim
234
The covenant of `Umar I
Chapter Five
territory until you depart. That these regulations are to apply to every one among you who reachesthe
if
before
date
if
he
fifteen
becomes
them,
this
not, then no
age
accepts
years
of
age of puberty or
him.
be
with
concluded
contract will
aAA
YJ
YJ
Vj',
ý
ý1
6Lj AT= Lýc uyl;. oJlx191I.SL9
u
6AI"sc
,
aý3t9
y,,
o
.
Lýc yl;...
yý.
Üý;.. ýyoý
11liiý,
°)
a;
c'"'.
r
ýSw
.
jy. ýl; I 3
V° csýcý ý.S;ýc 1ýy". JIý cýSäS,
L'I
ý ýjla! r.S:ti. J. lL'71 c?'Gi
That jizya is not to be taken from your children, the insane, or the slaves. If the insane comes to
follow
becomes
free
the
the
the
they
child
age
of
puberty,
reaches
and
your
slave
and
consciousness,
religion, then jizya is to be taken from these categories, these regulations are binding on you and those
but
have
them,
those
them
reject
will
accept
who
no contract with us.
who
t
la,
lJl,
Sl
&.
1
ti
'-ý t. eS",
ai, ý.ýs,
c:s" c
ji
i..,,.
y, 4fz:,.
oC)t
Cri ýIjjt
iV, rlr14L-,,
1
Ul
y
VI
t,
ý
A-,
a1V
V;ul. ýýtº )L.
"u,
jd];:,
ýSaý
eSIc;
Vj
yj'ý
"ß
;. eº
jl9
ýlz
uni
ý;:,
ýw rS] U° )"II c
ýr
7
d
ý9
_>.
.
A1
JA
I,
Y,
Y,
OSL'u.,
lc
sgc
ct,
yllls,
0-ýIc
6L"
LW
eº,
tt,
;,
*-3Alº
&-L-All
s; of
oIJ
ýlý,
NSt
4s:
-I,
&Z y!
Ii
&. ej
Vý
C1.4
'ý
ý
<<p.. 4; ,3ü,.
vi ýý
U
uiºrivi "q
L.
c1ý3
eS.
W
.N
r3
t3:
V
y
1ýt
si
ßj1, ýS}lý
Ai1ý-, Al .4a NSt, vl", . IL+oU_.l &, A&4
yj
yj
" ?:b ý1 ýi. r. AI
,. t3ýil ýSýIC, AL.
W L.
Al
a%i L]c
i
:
di
1ý
tý
1.
1;,
lact
V
L.,
ý
t..
GIs,
r''j
ýx; Al , .,
ý:
Cý.ý1, cr" cj
r4
vii
qt
il
e5;
ýStS;
rSýz
rsts
.t
Wj 4A jy b,,.: Jl . 4144 ICI
L441-A
L'in's
'_j
}ý
p
c?
u16
ý1
3JJ
eye
!
cj.!
º
4. t Aý)Lwýu;..,g
We will protect you and your property if it is permitted in our religion against anyone Muslim or not if
he tries to do injustice to you the same as we protect ourselves and our properties, we cannot protect
things which are forbidden in our religion such as blood, carcass, wine, and pig and we will not
interfere (if it was among yourselves), we will not let you display these forbidden things in Muslim
territories if it was bought by a Muslim or another, we cannot force the buyer to pay the value of it as
it is forbidden and have no value, we will not let him (the buyer) disturb you about it, if he does we
will punish him without asking him to pay fine, that you should fulfil all these regulations that we
have imposed on you, that you should not cheat a Muslim, nor to help the enemy of Muslims (to
by
Muslim)
a
words or actions, the covenant of God and His promise and the most honourable
attack
pledge that He imposed on any of His creatures, you have the covenant of God and the covenant of
God, the covenant of so and so (fulän) the commander of the faithful, and the covenant of Muslims
that we will fulfil our obligations to you, your sons will have the same obligations when they grow up,
if you alter or change, then the covenant of God, the covenant of so and
so the commander of the
faithful, and the covenant of Muslims will have no weigh with you, whoever is
not among us and he
knows about these regulation and accepts them, then they are binding on him, if he does
not accept
them, then will not conclude a contract with him.
vi
'
A--
ºý '
ý3Y11 41 ir' ýy
`'SS
-fi csa
.
1ct.
j.
ý
c
ºJ cWlJ 'º
: LtA alai UZ iää, ýy. {°ý3ý
LSo
cý,
Irv ý%ýLyº.
ý ý.ýlc
J-01iLl .. r L.
ý
cý. :
LVIQ
i=
j
'º
ü
cý'
sß.1
t,
l
. ý..ýý
1.lJI ju
a.. 41 i >I
't
.,
A41ýr
ýT Y c:rw
"ý,tý. ejL. 1. il
Then al-Shäfi`i (may Allah the Almighty bless his soul ) said if he
stipulatesthat they should host
Muslims, then after stipulatingjizya he has to follow that by
saying:that you should pay nothing out
of your moneyexceptonedinar per year andto hostMuslims as we said, whoeverseesa Muslim or a
he
has
Muslims,
to host them in his most favourableto protect him
groupof
againstheat or clod for
one night or two nights or three days (if they stipulatethree days),that he should feed Muslims with
235
The covenant of `Umar I
Chapter Five
fish,
the
bread,
family
his
cooked
and
he
meat
milk,
food
cheese,
to
vinegar,
such
as
that
the
offers
(mounts)
it
Muslim
to
the
that
animals
would substitute
grains, that he should offer straw or anything
rS1
Sl
i
;
Lit
1,
-1
J3:
Ali
JS
ýy
ý
'J
ui
i:
ý
+
j
'k4J.
11U1
- -:
:, 'OoJ
1I
Jj-y
JS
:
L.
lrv
u. YIII ý=
Vi «m
{,
U2 W414
C.
r*1
t-j.
,
y "6j .jL.
y!
i-,
I
wl
I
IJJ'oi-ý4
vt
s,
"v
4J
V
al
cy.
":
ß.
3
(
l
'M
'04ß6
C;
Jz
.
ui- c.
t
J)UA
A+WI
Jai
]
yj
J.
d
j,
ji.
ý
lj4j ý vJ IV4- Moe- lr-L4 j le+I)UA
C»
, crwl Ljat
i4.1.1
ýy
Vi
JAIL.
ý
JAI
4
ltill
Ij,
ýS
Iklj
Iýý'3j
JA I
Ot
w
YYJ
cl+j
e63
e+7)1i.
ýe-ýti°:
te-:
cý! c
cj "'i (s-t
IJoL
&j IJI..4 tJ j13Inc }1
yi 4wl
;u"
Iýt91:
1.AJW 111
Iý1},
yT
. Lla
c1: rte?
-I"J
JAI
Ic V" ITV JjA
4.1
xl
I.
JAI ?nyu rl vlý yýl
u1a..
C)4
ýll
vt
tai
acs
l
LSAJ
L..
U13cLS,'sI1lLi r+1'
ll
ICIti Iýiý}3 ý1J, ö11
CJJAL e]
Crl:.
If a Muslim is to stay for more than three days, then he ( the muähad) is not obliged to offer food to
host
his
two or three people and
the
that
Muslim
to
middle
class
people
would only
the
mount,
nor
is
do
be
they
that
than
than
should
not
stated above. That the rich
and
more
what
they should not
more
be
(
Muslim
(
host
between
three
they
to
more
six
wayfarer)
guests)
and
and
should
not
people are
than that and they, i. e. the hosts, should not feed the Muslims mounts more than what is stated above
I
distribute
do
Muslims
i.
hosts,
tell
travellers
to
themselves
that
the
they,
voluntarily,
among
e.
unless
if
is
big
houses
distribution,
fair
in
be
the
the
the
the
their
they
number
of
and
of
well
army
should
and
is
favourable
houses
in
to
then
the
the
this
army
most
of the
stay
afford
number,
cannot
off people
food
for
find
housing
in
hosts
if
to
the
the poor
the
they
are
not
provide
army,
and
cannot
poor people
if
dwellings,
(
in
houses,
they
the
the
their
the number
to
army)
cannot
expel
poor
people
stay
people
houses
few,
is
big
first
have
then
the
the
the right
the
are
and
number
of
one
who
comes
army
will
of
to dwell in the poor dwellings, if they ( Muslim travellers) come together then cast lots and if they do
in
houses,
hospitality
for
the
they
getting
will
prevail
most
of
should
offer
more than
not
not, some
from
have
If
I
to
they
come
stated.
another
group
among ahl al-dhimmah, I recommend that they
what
leave settled those who have lodging and to lodge those who are not settled. If it becomes difficult and
there is no free place and if ahl al-Dhimmah do not lodge them, do not ask them for the price of
hospitality, if that price was paid, then they are not responsible anymore if Muslims ask them for that.
IlI
UI
vAJYIcam,
9IllJI&J"J-O
tSLj1:
;,
º;
lIl:
OS
III
111
c n3
ZA:
ýl 44
J alj ""Y
AJ
.; s3,
SW
Jw
D
ý,
YI
v)
ui
'c,
,
,iJ o-t
-A,r- . amtclJ19
1.
Ld..,
,
,ic
It{..:
3,1A.Aa,
l.;
21
du
i,
ýI,
:.
A
c,
ßj19
11A
J,
a:
{ll..
cyt
Y14
,t
,t
III
iU
44
L L
;. Aa.,
111 y
j4Lc
,
I.
i. t. j
,i%,,4
,ii. 1,
gis is 14.
ý4 v.1-ctiY-41:JU
Ui
J, 3 JS, J, 411Jt J. nll
U
I:
oji
(ý,. Lt vi-3
A51
trA A4l;
"w LL-4 -L>t j
That Muslims are not to take from the fruits of ahl al-Dhimmah nor to take of their possession
if
hospitality
their
consent,
was not included in the contract, they are not required to offer it, if
without
has
them
of
said something I described as breaking the covenant and he becomes a Muslim, he
anyone
is not to be killed, if he has done something like that (I described as breaking the covenant) he is to
be killed by the sword if this sentence was stipulated in Islam but not as dissolving the
covenant. If he
has done something that we described as breaking the covenant and he does not accept Islam but said I
repent and pay jizya as I used to pay it before or I renew a covenant of peace, then he is not to be
killed but punished, unless he has done something for which the qaýa or execution
be
carried
must
out. Apart from that if he has said or done something, he is to be punished and not killed. Al-Shäf`i
(May Allah bless his soul) said if we arrest him and he refused to accept Islam
or pay jizya, then he is
to be killed and his money will be taken asfay' (reward).
Overview
236
The covenant of `Umar I
Chapter Five
The
quoted
be
isndd
the
researcher
does
covenant.
to
of
actual
an
The Shäifi`i copy
not seem
just
A1-Shäfi`i
tells
conquering
what
this
juristic
covenant.
it just to show the
about
view
did
these
to
hadith
regulations.
do
refer
not
the
of
collections
leaders should
canonical
and
this
of
the
narration
accurate
an
absence of
This also constitutes another concern about
carried
Most
this
were
books.
the
juristic
covenant
in
of
regulations
probably,
the
covenant
later
ages.
at
out
57
(157-224 AH)
'Ubayd
5.9.3 The isnäd of Abü
J13
J-tz
L
ý.
Ai
I:
d
6U
Air.
&.
L.mJyt& A AIL. eUll Ls_)l. CL a p.
!!.!
Y,
Ill
Ujjj L,J..ý,U.LLý>.SºIeSUL
WeSileWl
Y
utj J43) a
l&
3'j jUý
jy111
U)UA
Y,
WY
lSyy
Y,
Yj
Y,
Y,
s,
Lº;l,ýt ýy. vi ýa;
vý
mot"-Illjr.
ji
e1W
_)4
d,
JI!!
ji-L-D
ý,
AJ3
t
tom.
J
Yj Ls-.
&,.
(r"
a
611
.,
exL-71
regr
s>sm,
U,
-11JI4,
.
Y,
Y,
11;
:
Y,
1
4
iý;
Y,
Y,
&,
Lr=
ä,
A=Y,
C.
ý. yJl
Cj. ) 14_y rºL'Sj
f+4
CAL., "j.
P
1` t11" Y,
uj ýýyl.
al
A
.:
-I-,_).: ,).:
et+- A; Z uyL.
Imo,Vii, "I
3j l Cy.:
>ý
'm
Yj Lt_- N UIJ-1 ti_,ý %J Lk4 l, y;. Y! LLZU
)Ij
cw.
J
ts..;
Jº5t
L.
W
ALA!
xU
n,
a,
-)t-.. (3=1
c1-U f-M
A>,
L-1I
11
Y,
I
Jyº
x+
A
Y,
:,
e,
e.41
U-,.
cs
J.,
I ý! rA
-wi
LrI
crj ýýYI c'r C. .uß. r3 ,
utj
AI--6 NStW.rr
slrj
ý- ýýý
On the authority `Abd al-Rahmän b. `Uthmän said I wrote to `Umar b. al-Khattäb when he made a
following:
Christians
is
'Umar
the
the
the
this
treaty
of
al-Sham
servant of
of
a
message
with
peaceful
Allah and the commander of the believers from the Christians of al-Sham that when you come into our
land we asked of you safety for our lives and the people of our religion, and we imposed these terms
in
its
build
Damascus
hermitage,
to
and
environs
not to
not
church,
chapel,
monk's
on ourselves;
in
is
dilapidated
Muslim
them
that
to
nor
any
of
our
churches
of
withhold
not
are
quarters,
what
repair
by
day
doors
for
Muslim
there
to the travellers and
their
to
stopping
night
or
open
our churches
in
houses
is
Muslims;
hide
there
to
traitor
to
the
to
our
a
spy,
nor
not
who
one
a
shelter
not
wayfarer;
to beat the bells gently in our churches, not to display a cross on them, not to raise our voices in prayer
in
in
loudly
book,
to
churches,
not
carry
our
procession
a
cross
or
our
not to take our
or chanting
Easter or palm Sunday processions, not to raise our voices over our dead, nor to show fires with them
in the markets of the Muslims, nor bring our funerals near them; not to sell wine nor parade idolatry in
companies of Muslims, not to entice a Muslim to our religion nor invite him to it; not to keep slaves
been
Muslims;
have
the
of
property
not to prevent any relative from entering Islam if he wish it;
who
to keep our religion wherever we are, not to resemble Muslims in wearing the kalansowah, (the
turban), shoes,nor in the parting of the hair, nor in their way of riding, not to use their language nor to
be called by their names; to cut the hair in the front and divide our forelocks ; to tie the zunnär round
Arabic
on our seals; not to ride on saddles; not to keep arms nor put them in
o
engrave
our waists ; not
honour
Muslims in their greetings, to guide them on the road, to stand
houses
to
swords;
nor
wear
our
it;
in
they
when
meetings
wish
public
not to make our houses higher to theirs; not to teach our
up
be
Koran;
to
the
not
partners with Muslims except in business; to entertain every Muslim
children
57Abü `Ubayd,al-Qäsimb. Sa11am.
Kitäb al-Amwäl.Beirut: Mu'assasatNäherli al-Thagäfah,1981,p.120
237
The covenant of `Umar I
Chapter Five
he
feed
in
it
days;
him
Muslim,
in
three
and who
traveller our customary style and
we will not abuse a
58
his
has
forfeited
rights".
strikes a Muslim
Overview
Turning to Abü `Ubayd's narration, we find that he refers to a new narrator of this covenant. Until this
is
is
The
be
that
the
still
unknown.
question
original narrator
needs
answered how many
moment,
Besides,
they?
this
covenant
and
who
are
why should we find this variation among the
wrote
people
different versions? The text of the covenant seem slightly different from the previous ones especially
the last clause.
5.9.4 The isnfd of Abü Bakr al-Kha11ä1(234-311AH)59
rij
i'ea'AL,
s?
: dU
ct?c
ýri°a'ýý c
IýIl9
Ij
:
v'°
1a.
ýüS
LJA1 .
Ljai
PZ"ýý
i
.!? csiý
Jli Jji
cJUcr'
u}J \1000
&, %AJ 0 Al
1: Yl31,
II
d
13
:
cl,+ýt...
.
c'sW
til1000-/'Abd Alläh b. Ahmad b. I;ianbal reported to us: Abü Sharhabil al-I;IimsT `Isä b. Khälid said:
both my uncle Abü al-Yamän and Abü al-Mughirah informed us: Ismä`il b. 'AyyAsh reported to us `I
/ladith)
by
that the people of al-Jairah wrote to `Abd al-Rahmän b.
told
of
scholars(
of
a number
was
Ghonm :0
Overview
The isnäd of al-Khalläl seems to be interrupted. There is an interruption between Ismd'Il b.
`Ayyäshwho was born 108 AH and Ibn Ghonm who died 78 AH. Al-Khalläl did not cover
this period betweenthe two narratorswhich is nearly 30 years. He just referred to some
knowledgeablescholars without telling their names. In addition, the covenant here is
Ghonm
Ibn
to
and not the Caliph himself. This casts some doubts about who
attributed
imposedtheseregulations.Al-Khalläl just representsthe Hanbaliisnäd of the covenant.
" Triton, Tritton, A. S, The caliphs and their non-Muslim
subjects: a critical study of the Covenant of 'Umar,
London : Cass, 1970, p. 7-8
59A1-Khalldl, Abo Bakr Ahmad b. Muhammad, Akäm
ahl al-Melal, Beirut: Där al-Kutub al-'Ilmiyyah, 2003,
ý0357
To avoid repetitionof the clausesof the covenant,I will just mentionthe
chain of narration.Clausesthat start
from " whenyou comeinto our land we askedof you safetyfor our lives
etc" will only be mentionedonce.
Clausesmay nor be repeatedunless the copiesof the covenantare different.
238
The covenant of `Umar I
ChapterFive
(255-329 AH)
5.9.5 The isnäd of Ibn Zabr al-Qä41161:
º Yº rý wW
º, ý.,týýº
Vº
üxýý
Jýýº
Aº;,
uº
º .sz.. ri
A.23
üyýi
yýi
ýº
Al
J-b
C,. yltº
cr výº W ?
ýº
º
Ju
iýº
üi
rý w .3,vi ý, . . .ý.. ri
ASVl
ýºý
_Pt,,
I.
.1..
1ºri
ýuýººº
LM
.
b.
Muhammad
b.
Ahmad
jurist
Hibat
Allah
Abü
Muhammad
just
althe
The two noble and
sheikhs
`Abd
Abu
Tahir
b.
Sahl
alMuhammad
told
the
Abü
al-Hassan
al-Isfrä'ini
us:
sheikh
Akrani and
b.
`Abd
Abü
Allah
b.
`Ubayd
än
told
alb.
al-Wahäb
Däyem al-Hassan
al-Heläli al-Qai:
us:
al-Hussain
Hassanb. al-Walid al-Kalläbi told us: Abü Muhammad `Abd Allah b. Ahmad b. Zabr told us
W &-!
44 UJ- L1
,x --1 (:
Uu,.
&. ---
ac lüaý Ie
t1
t er- Ujä0 `ju
.
IJ-3-s,
-A
`Abd al-Däyem told us that: `Abd al-Wahhäb narrated to us: `Abd Allah narrated to us: Muhammad
b. Ishäq b. Rahawayh al-Hanzalt said my father narrated to us: Baqiyyah b. al-Walid told us through
Abd al-Hamid b. Bahräm through Shahr b. Hawshab through Abd al-Rahmän b. Ghonm said that
`Umar b. al-Khattäb wrote to the Christians when he made a peaceful treaty with them:...
LJI, 41, Edel, U.MN cit-4 twL
u ruin u, t x, 1.01
svJ ulS UA0,11
140
YJ
134
111
U.,
I,
S
&A!
L
Cr
vt
v:
°I. ýJI
X41, Jj; L;
J 1, la. L)3
li, I,. ol 14 tiji j U* L,y ýYII,
1ý;y, {, II I, cs, Yj IS3w )a-I;
a Yj
.
")
I
vw
ýt ý,
cs»
Cr
03
Y,
I
l;, y, t A-W Yj
jj
Ar'j
a
-I;.
r_, t"
cue
Lj
výýt cs' .'
Yj
»W
Yj
csi
Wr-t
cs
Vj t4- Vj"
tir
yj
lüoyy &+-LI-11rl
IIA.:+l
In
AIS
Ljr.
l.-
Lr6j c:u
Y, WJ, I o1
iJ
ýy.ý111At
J'tJ
WI,.
ut
coy
cs6
ip'ý
-9
l.
lý
ll
4
ý'
Yý
Yý
j11.
:
a,
ýy.
ßr3
, ý1 Y,.,
elyýJlý
csý}S
cr3
CJlSL4 t14yl
v.ý+j
vT.Xl
"yj
Yýýý
4-'
e+iljjj
l cýý tvwLo.% 3 Yj U-iu
c,
v.
yj
j. r- cl
yý
cri
cri
Yj
W
c}
iw Vj
v: ol.ýýll "ýý
Lº.
b
tAILI. cý L-11.1
Lo Cý ý1, ýJlý.
ll; y. e Ijü
Y, to fib;
Uý to
ý3
Y, ýýs.1.Y.1ýj. Isst V, lz1y, ro., ýyý.l. Y.11
SIA.-11j (3Unl JAI C.. tZ ct+ýL. U- ?S1J- ii 4c- Vi W ý-! >A
aU "
Liali
In the name of God, the Compassionate, the Merciful, This is a covenant of the servant of Allah on
behalf of the commander of the faithful from the Christians of the land of al-Sham that we ask for
protection to ourselves, our people, our wealth, and those who follow our religion that we should pay
jizya with humiliation, that we will not prevent any Muslim from entering our churches in the day or
hospitality
for
to
that
them
three days, that we should widen the gates of churches
we
offer
and
night
for them, that we should only ring the church-bells gently, that we should not. raise our voices in our
prayers, that we should not give shelter to any spy of your enemies whether in the churches or in our
houses,that we should not rebuild a church, monastery, hermitage, or cell, that we should not renew
destroyed(
of these places of worship), that we should not hold our meetings in any place
was
what
it
Muslims
use
as a road, that we should not preach trinity nor incite others to accept it,
could
where
that we should not erect crosseson our churches or on the roads or markets of Muslims,
61Ibn Zabr, al-Q4dºAba Muhammad`Abd Allah b. Ahmad, Shurütal-Nar'ärä, Manuscript3952Tarikh, Cairo:
Dar al-Kutubwa al-Watha'qal-Misriyyah.
239
The covenant of `Umar I
Chapter Five
That we should neither learn the Qur'an nor teach it to our children, that we should not prevent any of
if
forehead,
Islam
they
that
that we should
that,
to
shear
wished
we
should
our
accept
our people
tighten "zanänir" belts to our waists, that we should stick to our religion, that we should not resemble
Muslims in their dress or their appearanceor their saddles, that we should not engrave our seals with
Arabic, that we should not have Muslim forenames, that we should revere Muslims and leave our
meetings (to revere them), that we should guide them to the roads, that we should not spy on their
privacies, that we should not carry weapons or swords whether in the urban or rural districts of
Muslims, that we should not sell wine or display it, that we should not carry torches when we burry
our dead on the way to Muslims, that we should not raise our voices when a Muslim funeral passes,
that we should not make our cemetery close to the Muslim houses, that we will not run to the aid of a
slave when the weapons of Muslims is ready to fall upon him, We made this treaty for ourselves and
fail
follow
these regulations, we no longer are to enjoy protection and that
to
should
people,
we
all our
you can deal with us as riotous and uproarious people.
ýº
cr
"c
C,
-
Ua-c
Zº
vý
vrý
rT cs "4c}+ f
c:)JLs.)-l' J
Al
JAI
d
A:
Cy;
r)L.
Cll..
o
ewl
(,.
.....
cr .ý"
U.1, Al qr. Ul.
4-AJ
r
w
ü
C.
cs-)-Pl
cp jº
utls; ]I v, yu] Ag JU
Wsa
IA_
j
U,,
411
sa
00
,
r14
.
V.
C.
-aLei
U+--l LsJw,
ap cp Vjy.
w v-_º
ýr°A
c
`Abd al-Däyem told us, `Abd Allah narrated to us: Muhammad b. Hishäm b. al-Buhturi Abi! Ja'far
al-Mustamli narrated to us: al-Rabi' b. Tha'lab al-Ghanawi narrated to us: Yahyä : b. 'Uqbah Abü al`Ayzär told us through Sufyan al-Thawri: al-Walid b. Nüh, and al-Suray b. Mu$raf mention through
Talhah b. Musraf through Masrüq through `Abd al-Rahmän b. Ghonm said: I wrote to `Umar b. alKhattäb when he made a peaceful treaty with the Christian of al-Shäm......
C-Awl
.
W
ýI
a..c
ýwý ýy aýý.o ýjc csl'! ýI e LiS CjuuLº-II
M
CAtz-:? w ýýrý
výra w
Ar-
jSjj
eL'jl
CA.
vc
4,1
.
ý
4.
%%Ill:
Lt uaa jj
ew
4-01
41
4
w
C.
). ýjw
cs.
LJAI LS.)L.,:,!
yUjýj
Al
.
JU
rJl
cs.
]
: ý,
. _ý.
:., g
LIU
e2
`Abd Allah said: I found this hadith in al-Sham narrated by `Abd al-Wahäb b. Najdah
al-11üä
through Muhammad b. Humayd b. `Abd al-Malik b. Humayd b. Abü Ghaniyyah through al-Suray b.
Musraf Sufyän al-Thawri, and al-Walid b. Nub through Talhah b. Mu$raf through Masrüq b.
al,
Ajda' through `Abd al-Rahmän b. Ghonm said: I wrote to `Umar b. al-Khaäb
when he made a
peaceful treaty with the Christians of the people of al-Sham he (the narrator) mentioned a similar
isnäd
."
4
ju.
u4--31
'y-)t-
vrý
rc c». c
:p
c
vs
w"
ü?
t"
u- Au , iul yz c%.
lvc
ciacsý
u-1
.- j->, u- "
ju i,-- &. sl" cy
4-wiISs 4.;. j
u3
uk- u44
cA
ril- cii
I found this hadith in a book narrated by one of our colleagues in Damascus
who mentioned that he
heard it from Muhammad b. Maymun b. Mu`äwiyah al-Süfi in Tabariyyah
with a not famous isndd
ended by Ismäil b. Mujälid b. Said said, Sufyän al-Thawri told me through Talhah b. Mgraf, through
Masrüq through `Abd al-Rabman b. Ghonm
Overview
Although Ibn Zabr narrates this covenant through different
ways, but according to al-
240
The covenant of `Umar I
Chapter Five
know
followed
be
the
to
that
If
the
is
should
he
rules
Dhahab62
we apply
not trustworthy.
important
lacks
Zabr
find
Ibn
fake
that
from
an
the
would
we
padt-th
one,
authentic
first
is
he
his
the
For
narrators
justice.
i.
this
among
although
narration,
reason,
e.
requirement
be
is
his
to
rejected.
to report
covenant,
3 (384-456 AH)
5.9.6 The isnäd of Ibn Hazm al-Andalusi
Cis-)
vP ,
vJ
L:-1
ccP
U
yl
c.-L-D va
ua
CP1.34
csj-41 u
Ld
11
43a
ý-.
.
tLulL5-)t-izýn-
cw v v-A .
uý kk- Cr
ü
lU"ýý. ýý iý cº
a.
cw ý.
J. ý' yl 13
1s as , e.
.
-A
A
JU
a4
c)-,
C-u
:
& -J
yu--121
- t2-
b.
b.
b.
Muhammad
`Abd
`Umar
b.
b.
told
al-Nahhas:
al-Rahman
Muhammad al-Hassan al-Wärith
us:
Abü al-'Abbas Muhammad b. Ishäq b. Abü Ishäq al-Saffar told us: Abü al-Fadl al-Rabi' b. Taghlib
Talba
b.
Muýraf
Sufyan
b.
Abü
b.
told
through
through
'Uqbah
Yahyä
us
al-Thawri
al-`Ayzär
told us:
b.
b.
Allah
Ghonm
I
`Umar
`Abd
to
Masrüq
al-Khaiitab
said:
wrote
may
through
al-Rahmän
through
be pleasedwith him when he made a peacetreaty with the Christians of al-Sham
Overview
The only thing that could be noticed here, according to al-Dhahabl, is that two narrators
did
Al-Dhahabi4
Masrüq)
b.
Musraf
this
says
(Talha
not
meet
each
other.
of
covenant
and
is
from
This
Talha
did
Masrüq
the
that
this
means
narration of
that
covenant
not report
at all.
doubtful. The sentence"from the Christians of such-and-such a city" which runs through this
indicate
does
is
and
not
anything.
vague
narration very
5
5.9.7The isndd of al-Bayhagi (384-456AH)
Jat
X11.0ýyý "uý
eUl
cjVY' C-SUL-144--
LJ
JU
LEItsI is, us;
Al
J
%,
ý3Zl
- cp:
):-i rr.
cs-)L-3C:.
I:A
Abü Tahir the jurist told us, AND at Hasan `All b. Muhammad b. Sahnawayh told us, Abu Bakr Y`qüb
b. Yüsuf al-Mutawwa`i told us, al-Rabi' b. Tha`lab al-Ghanawi told us, Yahya b. 'Uqbah b. Abü al62A1-Dhahabl, Abul HassanMuhammd Ibn Ahamd Ibn `Uthmän, Siyar
a'lam al-Nubalä , Harf Encyclopaedia
CD Rom, Cairo: 2001.
63 Ibn H.azm, Muhammad `Ali b. Ahmad b. Sa'Td (d.456 A. H), Al-Muhallä,
ed. Muhammad Munir alDimashgi.1l. Vols. Cairo: Idärat al- Matba'ah al-Munºriyyah,1351A.H.
64al-Dhahabº,op.cit.
65Al-Bayhaq% op.cit., Kitäb al-Jizyah, No. 18497. (On line) Available
at:
http"//www. alwarag.net/index4.htm?c=http: //www alwaraq net/Core/Library jsp&m=http: //www alwaray net/Co
21-09-06
accessed
re/waraq/subjecttoc,,
241
The covenant of `Umar I
ChanterFive
`Abd
Talha
Masrüq
b.
Musraf
through
althrough
Sufyän
through
`Ayzar told us through
al-Thawri
he
him
be
Allah
b.
`Umar
when made
pleased with
Rahman b. Ghonm said: I wrote to
al-Khattäb may
Merciful.
God,
the
In
the
Christians
the
compassionate,
name of
of al-Sham :
a peace treaty with the
This is a book of `Abd Allah `Umar the Commander of the faithful to the Christians of so and so.
Overview
In
Hazm'
here
in
Ibn
followed
been
have
addition,
as
well.
The rulesthat
narrationwill apply
is
this
Christians
through
"from
notation
the
of such-and-sucha city" which runs
the sentence
indicate
does
anything.
and
not
very vague
5.9.8 The isnad of Abü Bakr al-Turtüshi
ý,
ri
i
ýi
ý :eL cyºiýsjt.ý;
, ý;ý,
6(451-520 AH)
t,;, ., ý,i
tos
nw
ýi
:3w
ýrýýý ýsýý
ý st
rý
J
si
114
U ky.L.
i>,
Jas
..
J-a
SI X491
l
4rm
I..
Lj
1,.
l;,
WlyoiJ
ý,
ýlyJ
t!
tguiLY
ý,
LwJ
yJ a yi Z.,4 Y-t y;ý 41.E t4 y1 ltýls,. ý:ýaýt y CJiu. LI
y3
lL,
yýmj6UL
tu
We heard from 'Abd al-Rahman Ibn Ghonm [died 78/697] as follows: When Umar Ibn al-Kha äb,
him,
be
Christians
him
follows:
Syria,
God
to
the
to
accorded
a
peace
pleased
with
we
wrote
of
as
may
In the name of God, the Merciful and Compassionate.This is a letter to the servant of God Umar [Ibn
from
Faithful,
Christians
When
Commander
the
the
of
city.
of
such-and-such
a
you came
al-Khattäb],
for
(amän)
descendants,
for
ourselves,
safe-conduct
our
our property, and the
against us, we asked you
following
the
and
we
undertook
of
our
community,
obligations toward you: We shall not build,
people
in our cities or in their neighbourhood, new monasteries,Churches, convents, or monks' cells,
Overview
The isnäd of al-Turtiishi cannot be accepted. He just reports the covenant directly to Ibn
Ghonm without making any referenceto the chain of narration. Besides, the version he
does
it
talks about. Besides, he is using the same sentence
not
specify
which
city
narrates
"from the Christians of such-and-such a city" which as discussed does not indicate anything.
Most probably he reports this covenant in request to the exigency of his time or for some
political purposes.
67(499-571
`Asakir
isnäd
Ibn
The
5.9.9
AH)
of
tai
Al
ýi
W
&--JI
ej=i
lryv,, .
.
rL i -,-z &--I' yt tai
,ý
ýºý c'rJe-yyr )ALL,-A
.
uzt
yt
66AI-TurtüshT,Abi! Bakr Muhammad Ibn al-Wal-id Ibn Khalaf Ibn Sulymän, Siräj
al-Mulük, Kitäb ahknm ah! a!Dhimmah, (On line), Available at :
httn://www. alwarag.net/index4.htm?c=httn: //www alwaraq net/Core/Library sp&m=http"//www
alwarag net/Co
re/waraq/subiecttoc,accessed18-09-2006
67Ibn 'Asakir, `Ali b. al-Hassanb. Hebat Allah al-Shafi`i, Tärikh Madinaht dimashq,Damascus:Matbü'ät
alMujamma`al-`Arabi, 1951,pp. 563-574.
242
The covenant of `Umar I
Chapter Five
,
ulý.;
n A3s`%'.i c'r
C},
rj
CO .3. ý1
Al
%,
c
Ic -46 yll--All W
(SJL-D L,
). ýJý
(A.
-Ii U-ill
0.5tlj
Hasan
b.
`Abd
Abü
alal-Däyim
al-Hassan
Abü Muhammad Tähir b. Sahl b. Bishr al-Isfrä'ini told us,
`Abd
Hasan
Abü
Muhammad
b.
told
`Abd
us,
al-Kelab
b. Abd Allah al-Qattän told us,
al-Wahhäb
father
told
b.
b.
Rahawayh
Ishäq
told
us,
Muhammad
us,
my
ali
al-Han?
Allah b. Zabr al-Qädi told us,
Abd
Hawshab
b.
Hamid
Shahr
b.
through
Bahräm
Abd
through
alBishr B. al-Walid told us through
he
Christians
b.
to
the
a
`Umar
made
b.
Ghonm
when
of
al-Sham
that
wrote
al-Khattäb
al-Rahman
peaceful treaty with them......
:.ibu-)
U,
r1
L
º C): ººwºJU,
uaº
ud
1.
ýºýýºº w Zýj , a... C,,a. ý;
! Lº W 6-º WL
yu-11º , -),-'
U&j U& !
Jt3
,s:
w
ýº
-I-- , wýýiº c+
ju Ytý
ua
rý
c'r
csýýº
,
3ýrw
era
ý
c:
c
Al
VS
º:
ýa
wSA
%A]
Cr
ý..,
ý;
yýc
01
rJ
cs_)L°'
-vaA
w
ýýý
1ý
y11ý
ýº .ý,ý .ý.ý.
ýrý
w
3,
1ý
UJý
º
ýrý,
:
ýt. ý
,
ý1º. ý.ý,
b.
b.
b.
Abü
`Agil
Abü
b.
Muhammad
b.
told
Tälib
`Abd
`Ali
Abü
us,
al-Iiasan al-liasan alal-Rhmän
I;lusayn al-Khual`T al-Shäfi`i, Abü Muhammad `Abd al-Rahmän b. `Umar al-Nahas said, Abü Said
Abmad b. Muhammad b. Zeyäd al-A`räbi told us, Muhammad b. Ishäq b. Aba Ishaq Abü al-`Abbas
b.
b.
Abü
'Uqbah
Yahyä
Abü
b.
Tha'lab
told
through
al-`Ayzär
us,
told
al-Fadl
al-Rabi'
us,
al-$affar
Talba
b.
b. Muýraf through
Mosraf
b.
NO,
through
Sufyän al-Thawri , al-Walid
mention
and al-Suray
Masrnq through `Abd al-Rahmän b. Ghonm said I wrote to `Umar b. al-Khaab when he concluded a
in
Compassionate,
Allah
Christians
the
the
the
the
treaty
:
name
of
most
al-Sham
of
with
peaceful
,
is
from
Christians
Allah
This
Merciful.
the
to
the
of
of
a
covenant
such
city
servant
and
such
a
most
'Umar b. al-Khattäb the commander of the faithful.
14 Yý l, ý,l.ý,.
vi J; 1
c
..,A11
SI uLSºI Ji. ltýlý ý. aýW d
ýs ýý
lair
Wl
ý3ýI
ýý
lº.
Y ýi L,..,
ý,i csý
c
rig
Y:,
ýSI; r
rS
ti: - U:4" üt9 L. Yj 41- `+y l,. ash Yý wl-)
I. 4JY
J1;
1
%J.
vi (J-93' ) "ý-ils,
vi
1
1.
Y-9
1.2.1
lZli 4.31 e.'
ew
L. 441ýy Yý
Lß,.11 t4 r C.- J
4ýIri
l
%ýý
r uii "ý43
uli
wli
cl
(:
Yý uT l ltýYýi
Yý cýý.L,..111.:
Yý I. YyWtýld jLt.
ý
IýýIýi
ICI
u-a-.
Yi
W(:
j
71
j"l
44.
ilr
ulý
CJi
äIii
ýj-ß6.
Let vi M'
ýýLtitl
Ný
sýý
(:
ý
e.
.
.,
44i
Yj M-- l tLSz Y3 " vj Yi &.1- Yi 4.d,.ß Y.)
1Isliz YJ r. j) i9 $S : Y3 tAtL''
:, YJ U
UM3
Y-s t:'ag
jj--4ji
,Yj
l"º,.,,
ly U.>G
-P]l,
; Yi 1;- 4LLt Vi r_U' it
When you marched against us, we asked of you protection for ourselves, our posterity, our
possessions,and our co-religionists and we made this stipulation with you, that we will not build in
our city or the suburbs any new monastery, church, cell, or hermitage; that we will not repair any of
fall
into
buildings
that
ruins, or new those that may be situated in the Muslim quarters of the
may
such
town ; that we will not refuse the Muslim entry into our churches either by day or night; that we will
open the gates wide to passengersand travellers, that we will receive any Muslim traveller into our
houses and give him food and lodging for three nights; that we will not harbour any spy in our
churches or houses, or conceal any enemy of the Muslims; that we will not teach our children the
Qur'än; that we will not make a show of the Christian religion nor invite any to embrace it; that we
kinsmen
our
of
of embracing Islam if they so desire. That we will honour
will not prevent any
Muslims and rise up into our assemblies when they wish to take their seats; that we will not imitate
them in our dress; either in the cap, turban, sandals, or parting of the hair; that we will not make use of
243
The covenant of `Umar I
Chapter Five
their expressionsof speech,nor adopt their fore-names that they use; that we will not ride on saddles,
in
Arabic;
that
them,
will
we
to
our
seals
take
or
engrave
or
wear
arms
ourselves
or
swords,
on
or grid
not sell wine;
C3 v
vi
li. ZUS Soljalý L'I yti-,
Vi
vi
j:Lº; Y, lv
.
UA
"i,
ULM
III
yam,
Uýtu
gis
ot, .
rý
Y,
11,111.4,s
; s;litl ; s4 Lj->
ýl
ýty
li;
lý
Vi
ii
YIIi.
LliS
%! .
yý
Y, " 31,W1Yi vr-
ý3ýNL-
1141 u,. di Y.
-0
vý
olý
Y
ý+ýwý11
yy1
ßy31
Vi
v3-1.11.11
vI
Cs-vom'
ý+w
ykJl
.
ctý
11
1W.
): "ý "'i Yt&l ý
Yi
L3 't. 61jUA
üi
I.
M. C-t11"
r4ý
ýks.
LST,
U}
_>-c
iM
yl
JAI,
WA
tom,.,
tom,
1.,
J
1
C,,.
AJ
ýu
ýý.
9..
, . .
(6=11J SUt. Jal v.. tL J ZIJ Ui ZAI ßU tt.. iL la 11"J
AII
L
tom
rl . yy
be;
dress,
foreheads;
to
that
may
commit
you
we
will
our
own
of
wherever
style
that we will shear our
display
that
or
we
will
on
our
churches
waists;
not
erect
crosses
that we will wear girdles round our
in
in
bells
Muslims,
in
books
their
the
the
that
the
or
market
we
will
strike
of
places;
streets
our sacred
in
loud
is
Muslim
lightly;
that
that
services
a
recite
our
a
present,
voice
when
will
not
we
churches
our
images
in
in
burial
the
that
the
our
procession
of our
or
streets,
at
we will not carry palm-branches
dead we will not chant loudly or carry lighted candles in the streets of the Muslims or their market
have
been
in
that
take
the possessionof Muslims, nor spy
that
already
slaves
any
will
not
we
places;
into their houses,and that we will not strike any Muslim. All this we promise to observe, on behalf of
form
in
receive
protection
and
you
exchange; that they will not run
co-religionists,
and
our
ourselves
to the aid of a slave when the weapons of Muslims is ready to fall upon him, should we fail to follow
these regulations, we no longer are to enjoy protection and that you can deal with us as riotous and
uproarious people.
týu.,,
ý
:.,;
ýs
L,
u
u
Wi
u.
º
A41
>
wWc:
rl
ri
rýº
ý+tb ri
i
r1
rº
,
tu44
44S
4-P,3- Lfi inº vc,
'4
)w1 tTLUw &jº u- uaiL-1º U--9 cý?
Cri
wc3 ý+ c5.
i1-39j chi
J
ju
JI
u. ra w"
cr
:
w
uriaUa s--2
aj-44
tzk(33rßc>
c csrýºý
US Z.IIA L$J
c)A i
5J ) °i V.Z Al 4.14.,x:5 Ua
.
.
Al
A
:
r..,;, rt.;, ýýt. d CL. 0
Abü al-Qäsim al-Shahämi told us, Abü Bakr al-Bayhagi told us, Abü Tahir the jurist told us, Abü alHasan `Ali b. Muhammad b. Sahnawayh told us, Abü Bakr Y`qüb b. Yüsuf al-Mutawwa'T told us, alRabi' b. Tha'lab al-Ghanawi told us, Yahyä b. 'Uqbah b. 'Abü al-`Ayzär told us through Sufyän alThawri through Talba b. Musraf through Masrüq through `Abd al-Rahmän b. Ghonm said: I wrote to
`Umar b. al-Khattäb may Allah be please with him when he made a peace treaty with the Christians of
God,
In
the compassionate, the Merciful. This is a covenant of `Abd Allah
the
of
:
name
al-Sham
`Umar the Commander of the faithful to the Christians of so and so.
Overview
After viewing the isnäd of Ibn `Asäkr, we found that he represents three identical versions
of the
different
isnäd and one of which cites Ibn Zabr as a transmitter. Like
a
each
with
covenant,
other
does
`Asäkir
Ibn
not start his narration with new subjects forswearing the construction of
narrations,
but
rather with the pledge to pay jizya. It could be said this is a unique feature of Ibn
churches
`Asakir's narration. Thus, since the narration of Ibn Zabr was rejected, the
same applies to Ibn
'Asakir's narration.
244
The covenant of `Umar I
ChapterFive
5.9.10 The isnäd of Ibn Taymiyah: (542-622 AH)68
plc
U&
fl
;i
y
Ls-)L , CILrl
l»
.
W
`Umar
When
b.
`Utbah
`Abd
Masrüq
said:
through
al-Rahmän
Sufyän al-Thawri narrated through
following:
imposed
the
Christians
of al-Sham and
concluded a treaty with the
Overview
is
there
he
refers to another writer of the covenant and again
From Ibn Taymiyah's isnäd we note that
lead
this
from.
he
is
This
to
him
between
reject
us
the
interruption
will
big
reporting
person
and
a
is
interrupted.
because
the
isnäd
chain of narration
(691-751
AH)
Qayyim
Ibn
isnäd
The
5.9.11
al-Jawziyyah69
of
: jU
YLýeý;: it ý,IJ ýtA;11yi JA
WT)ý
Lo--a
tºJAIüs º-iv
ýý :y
w c'sýýº
-0-;.
cJ-yy
ri
º JAIu- 1%.
ºj
.
: s. ýl
uaa.: JUL,
L.ýI ý,. Aý' ý,c X13
.
w cl;ýý..rýtsy,ýº
4
0
º
41
bAL
JAIJ
u..
A
toys
tom.
"I
VI
Z146
141uUyº
L,
VJ
4
4iJ-ºrý
Lýz
Lý ItJA-1-5
a3
Yj
ß..
jj
Vj
4ºA
VjL
1
S
Yli
tºI
L
uJLSI- -L ýJ-Yyl. a.
"Al.)
a-L-zl
J.ý1 ,.
Jº
IA_4.
Wjll
Yj
)4
Wýtýo
Vj
o
ºý
Yº,
'.
uTj
Wº,
rs
t-..
j4+ºj
""ý
LSJ)3
ý+
" sWý
_)U
Yip
lip
L
lý,
iz
Y,
I
la;
Yj
L"ZlS
Yj
Ah"
Lülyoý
ýýi
may
c1.
;
Y
ja11
eel
yýº,
ý;,ýyý;
a11
U3
&.-L. -Il (3j- u Lg Yj Ll- C-) ili - ej-42JI .,u.4-4 l4ULZ,S
`Abd Allah the son of al-Imam Ahmad said: Abü Sharhabil al-Himýi `Isa b. Khälid informed us and
both
b.
'AyyAsh
father
Abü
Ismä'1l
'Umar
them
the
said:
said:
al-Mughirah
of
of
al-Yamän
and
said:
informed
knowledgeable
to
the
that
the
than
wrote
of
al-Jazirah
of
people
us
people
person
one
more
`Abd al-Rahmän b. Ghonm that: " When you marched to us we asked of you protection for ourselves,
that
this
we
and
our
co-religionists
and
we
stipulation
with
you,
made
our
possessions,
posterity,
our
hermitage;
in
build
the
any
new
monastery,
cell,
and that we
city
or
suburbs
church,
or
our
will not
destroyed
it
Muslims,
that we
the
of
or
erect
new
was
churches
on
way
of
what
rebuild
not
will
during
from
day
Muslims
the
our
churches
entering
or night, that we should widen
should not prevent
the gates of churches to Muslims and wayfarer, that we should not harbour spies in our houses nor
deceive
Muslims
that we should only ring the church-bells gently, that we should not erect
we
should
in
in
Muslims,
that
the
the
nor
should
we
raise
our
voices
churches
our
on
prayers
presence
of
crosses
books
(the
Gospel)
Muslims,
take
to
the
nor
erect
crosses
markets
of
neither
should
we
Yj
W.
r-i ti-)!
e
,
r Yj " ºSA
1
c,r"l
"Yi
Yip
-, ȼj
,
IjA JTj
Yj
rý
redºr cý
yý ß;,y, 11,l:,äl
,
vý Yý ý: L.:+Ye
º
LZ
C441i
Jl;
-L",pt
CYO
ci.
cs'ý°yl r.s: cj.s
Yj jº ý rA»Uý! Yip
ýº vº.rJ
JDYjt;
"c
cri rem
_-:
t
l; Ll. YJi
ä11Yi
Lý;,
.
c
dl
UA3
ýýº
!ZYj.
1y1
j
u.
"Lý1a
A1)
J!
):?,
eLA
cý:
cr
j"
Yý sr+(, -. I
Yip
º)r
6ii
".
iý
Sti
YjVj
Hlä.
AILS?
j
J3.
c:, , ?
U.:
'Pi
r--)&'
ILj
Yj j LUi
P-71
,--: _;.,,1iA= YJ, 4i 1yj Chu & t4 l i&; VJ , CJ »M r&r
(
That we should not publicly celebrate Palm Sunday and Easter as Muslims celebrate `eid al-A&
`eid
Sacrifice)
and
of
al-Ff p- ( celebration of braking the fast), that we should not raise our
celebration
68http://AI-eman.com/Islamlib/viewchp.
asp?BID=242&CID=14,8-04-2006
69Ibn al-Qayyim,op.cit., I1:113
245
The covenant of `Umar I
Chapter Five
funerals,
Muslims,
in
in
that
torches
the
the
of
should
not
carry
our
markets
we
procession of
voices
that we should not have pigs near Muslims nor should we sell wine, that we should neither preach the
trinity nor invite anyone to accept the doctrine that we will not run to the aid of a slave when the
fall
him,
from
is
Muslims
to
that
we
should
our coupon
not
prevent
anybody
ready
of
weapons
religionists to accept Islam, that we should wear our own clothes, that we should not imitate Muslims
in their clothes by wearing hermits, turbans, sandals, make fringes in the front part of our hair, or
imitate them in the way of riding, that we should not speak their language, that we should not have
Muslim surnames, that we should shear our foreheads, that we should tighten the belts(zanänir)
around our waists, that we should not engrave our seals in Arabic, that we should not ride in saddles,
that we should not carry swords or any other type of arms
JI.
I1!
JI
ýl
vc
jt
ý
04L--tll"
ý,.
e4 iJi j c,;3sIl CA_'-,
,cYl,
4-11
ýl
lam
Y!
w
Jul.
I.
:
:.
_;
vA:
ut
vt,
vt
rt
},
Lis )LA
r-LW.
Lr
L"
-)L4,
Vj
SL-,
lýyyl.. UL-;,il L",
&-j
al,
-)c
'L'1;
plc
ýI
vý r°ý ý! rý w
.
t4-)l, l,
"I
Jli a lL. b
t.4i
uc
..
ýuý, ü s; (mot tl, :.ý1. ýl ýyºy Jý.;L W NSt
ý°sýý+ýI c?:ýY Ao L;jj
vl
,
I, IL L
l
ýyl c,:ý, Vt
*
Ls,
vi
_Aj!
uti
11Ln ji tw Y,
v1
.
ý5,
i
ý..,
ýy.
"ý"Jl.
,t
r>ýI
I, WZU
yý
I
, ý1ýý.ýºSý,:,o
S
Cjj. I
1j.,
i
,
j
r- tl-L .iceW.,,,. J," Cri Ll4 Cr li.
..ß,.
That we should revere Muslims in their meeting places, to guide them, to stand for them when we are
if
they want to sit, that we should not violate their privacy, that we should not teach our
sitting
children the Qur'än, that none of us should sharethe Muslim in a trade unless it is the Muslim who has
the control over this trade, that we should host every Muslim way farer for three days and offer him
food of what we have, we have accepted these regulations and will apply them to ourselves, our
children, our poor people, if we alter any of these regulations that we have accepted or do the opposite,
longer
are to enjoy protection and that you can deal with us as riotous and uproarious people.
no
we
Abd al-Rahmän b. Ghonm wrote to `Umar b. al-Khattäb may Allah be pleased with him about these
regulations.. 'Umar wrote to him to accept what they have stipulated and to add to these regulations
two stipulations that he imposed on them that they should not buy female prisoners of Muslims and
that whoever hits a Muslim, his covenant is to be dissolved.
Aº
L
as
:,
g
(_)
r(3j,
"týJl
w
,
yýi
C.
Ls-)L-1
u4l" raj
C,
cpr
LsJ
-A
.
'pro
I
Vi
V
VjýVj
Ll..
Is
idly
1.
Y,
ýIý
3
YI
u-).:
a
iw+
j,
jll--q
r
H4''
,
L;
eLO
c,, .
.1
I1.ly Yjr Cr L-u
I»3: Yj ep-q.
jg
týl
tw
ý13
Yý
Cy.
3
1.1
+
c:ýl
.
iý
Il
Ir
Icy
ýI
uýý
v
I
ýI
Yý
Iý
sý:
r:
YrJ.
P1
red
ýý1ý1
tJl..
'ýI
c'sw
+vd,.,.
rw
..
c
csýý
ýe
ýºýYý1
+
Yj eALZ4
Vi, e+-14
1--- 'jiVi
I,
III
+
alj
..
s'
. Lß.-4j
lj-L =
IJý. I'= Yý P81'ly', I
1--AsL4iu-P
I.
tjj.
eHj rýý3 ülý r
vii + ».; ]I I,..; Y,
cý` ,;
ý3ý fA.
Ij Ij rte:Yj +fAtIjYi L,_;OW
I"
I
I
Yk
Yj
rýºr°I "jy
+
%lj
I-
1u.SýI,. iU
aU
Lf"t
I Ij-)J Vi +w-ý-ýº3ý ýr
OZ6&r Y,
º
ý
LIS
:
ýa-. U, 41 02-9-11%J y, ,t
ý.
ýº
ý;
J%A_.
ºw
Ij
A,
1:,
ý,
etd..
yt,.
.
Yj
r Cd"' VI341 j_44
Y!
ýV!
'
+
(ý
,ý,
JA,
U
s.
ILLAD
v:- CjlA,
.
LL-.t*31
Sufyän al-Thawri mentioned through Masrüq through 'Abd
al-Rahmän b. Ghonm said: I wrote to
'Umar b. al-Khattäb may Allah be pleased with him when he
made a peaceful treaty with the
Christians of al-Sham and he imposed on them that they should
not rebuild a monastery, church, cell,
or hermitage in their city or around it, that they should not rebuild what was destroyed, that they
should not prevent Muslims from entering their churches and they should host them for three days
therein, that they should not give shelter to a spy nor cheat Muslims, that they
teach their
should
not
children the Qur'än, that they should not display blasphemy, that they should
their fellow
not
prevent
if
from
Islam
they wanted that, that they should
men
accepting
revere Muslims and leave their
meetings for them, that they should not imitate Muslims in their dress, nor bare their
names, that they
246
The covenant of `Umar I
Chanter Five
front
the
they
that
cut
should
horses,
they
sell
wine,
that
nor
swords,
carry
should
not
ride
not
should
tighten
dress
they
that
they
hair,
to
their
should
are,
wherever
that they should commit
part of their
belts around their waists, that they should not display crosses or anything of their books on the roads
the
Muslim
be
they
that
ring
only
to
should
Muslims,
residence
their
that
close
graves should not
of
,
Muslims,
in
that
loudly
the
their
of
they
that
presence
prayers
perform
not
should
church-bell gently,
they
Sunday
Palm
their
that
they
when
voices
should
not
raise
on
palms
they should not go out with
bury their dead nor carry torches when doing so, that they will not run to the aid of a slave when the
follow
they
him,
fail
fall
is
these
they
to
no
Muslims
to
regulations,
should
upon
ready
weapons of
longer are to enjoy protection and that you can deal with us as riotous and uproarious people
1a
Lk,
e*Li
LI eS;I Q&j Q&n:;,. csj"! Cr &")All
1
l"ß;
yi
:,
lAýA
ltils.
41
Yj
ý;
OZ.
Al .1.1X1
Ira
I-Jt&
. ill
"
J^lj
Wlrýý
tý
.j
I
X11.
{-.
alý
"
.. 9.3 ýSi1(ý,
Jº1
rUl
Sll
uL. ýSWL,
ý
YJL
Vi
Al-Rabi b. Tha'lab said: Yabyä b. Tha'lab b. al'Ayzär told us through SufyAn al-Thawri, al-Walid b.
Nah, and al-Suray b. Musraf mention through Talba b. Muýraf through Masrüq through 'Abd alRahmän b. Ghonm said: I wrote to'Umar b. al-Khattäb may Allah be pleased with him when he made
Compassionate,
In
Allah,
Christians
the
the
the
the
treaty
al-Sham:
of
name
of
with
a peaceful
Merciful. This is a messageof the servant of Allah'Umar b. al-Khaiitäb to the Christians of so and so
that when you marched to us we asked of you protection for ourselves, our posterity, our possessions,
build
this
that
and
we
made
stipulation
with
co-religionists
we
will
not
any new
you,
and our
in
hermitage;
it
he
i.
the
city
or
suburbs
our
around
cell,
or
and
e. the narrator,
church,
monastery,
it.
to
similar
something
mentioned
Overview
The isndd of Ibn al-Qayyim seemsto be very weak becauseof the following:
There is an interruption between him and Sufyän al-Thawri who died 691 AH and from whom Ibn alQayyim is narrating this covenant. Another interruption is between Sufyan al-Thawri and Msrüq who
died 62 AH. There is a big gap between the two narrators nearly more than 600 years. Furthermore,
Ibn al-Qayyim affirms that we must accept this covenant and he said that its authenticity cannot be
doubted. He does not give any proof to support his claim. Accordingly, we cannot accept Ibn alQayyim's narration.
5.9.12 The isnäd of al-Qalgashandi70, (756-820 AH) Vol: 13, p.357
ºI
jail .3,1ic Cy,,
i
1ýtý]I
ýý
v?
Výlý
JU
v:
all
s,.
ý:
WI
a.
ý,
.
csk- cs: c
ý.
3itl ýJL .1J
cs'I
ý!
fl-7I
.
ütui 1,113 j-? IJW ire ýIJ ) ýJ ýtgtl cs ýl c1;ý1. ý ýy+
wIw
ý,
c
ý1aý11
ý.,.
,:
ri 'II
.
..
4-A p
Jv "ý;1ý : 41.ý Ur--. 1I1 L914.11
üjý,
JU
J
:
C:
-i
t
v+ cam'cy cl cl.. rlyýU:
, cS.14_ýI
i:
ü}. i
t3
l...
Ul
l.
X
:
013
,
x,.
70Al-Qalgashandi,Ahmad b. `Ali, $ubh al-A'shä ft
13:
357,
Cairo:
enä'at
al-Inshä,
al-Matb`ahal-Amiriyyah:
.
1916.
247
The covenant of `Umar I
Chapter Five
L,y si , jt
" uAý-"-,
i
i
Ld
4i w rý w -1-1
.
*i
a-:.!" ri 4Z cr eA
Zk-
4.411,
w
ýr°" w cs.
rIli , r-ij
y!
34
cp -ji.. Ld csw wcýi.
Abü
b.
Rashid
$ädiq
Muhammad
al-Hussain
Abü
Jamal
al-Din
al-Häfiz
Al-Imam al-Häfiz
al-Din
b.
`Abd
`Abd
jurist
Muhammad
alAllah
the
al-`Aziz
sheikh
Yahyä b. `All b. `Abd
said:
al-Qurashi
Abü
al-Tahir
b.
said:
Wahhäb Ismä'il al-Zuhri al-Mäliki and some others of our authorised sheiks
Tartüshi
b.
Muhammad
Abü
Bakr
upon
b.
Ismä`il
al-Walid al-Fihrº al
Ismä'il b. Makki
al-Zuhri said:
Abü
informed
judge
Muhammad
/7adith
us:
the
chief
said:
was read said: al-Damghäni
whom the
Abü
him
in
b.
Muhammad
b.
`Umar
to
said:
`Abd
what was read
Muhammad
al-Tujibi
al-Rabman
b.
Ishäq
in
Muhammad
Mecca
340
A.
H
b.
Ziyäd
al-$affar
b.
`Umar
Ahmad
said:
Sa`td
al-A`räbi
b
`Abü
b.
informed
Yahyä
`Ugbah
Abü
b.
Taghlib
al-`Ayzär through
us:
informed us: al-Rabi'
al-Fadl
Talha
b.
MuSraf
Mu$raf
b.
through
b.
Rub,
through
mention
Sufyän al-Thawri, al-Walid
and al-Sari
he
b.
`Umar
I
b.
Ghonm
a
to
made
`Abd
when
al-Khatäb
Masrüq through
said:
wrote
al-Rahmän
treaty with the Christians of al-Sham
71(790-850
AH)
5.9.13 The isndd of al-Abshihi
JA,
ti
. r.." eti
...................
4
la
(,;- 4ýa.11L..Z. Yuji Cur»2
-i
ii
+ALI
l
t5; yt
i
vrL
rr.
..
ý
-;.
JUtikt
.
Jm
u]i
It was narrated through `Abd al-Rabman b. Ghonm who said we wrote to `Umar b. al-Khaäb may
Allah be pleasedwith him when he concluded a peaceful treaty with the Christians of al-Sham: this is
b.
faithful
`Umar
Christians
to
that
the
the
the
so
al-Khattäb
commander
of
of
so
and
a covenant of
when you marched against us....
Overview
Al-Abshihi's narration cannot be accepted. There is a sudden disconnection between him and `Abd alRahmän b. Ghonm. The chain of narrators is missing and there is a big gap between the two narrators.
Generally, the work of al-Abshih7i is a literary and it cannot be categorised as a significant historical
just
here
It
to
show the chronology and evolution of this covenant.
presented
was
source.
5.10 'Umar's I tolerance towards the People of the Book
Apart from the covenantof `Umar I, historical books refer to other instancesof tolerance
that the Caliph showed to the People of the Book. Thus, Ibn Sa`d mentions that `Umar I wrote
to the Christiansof Najrän that they are safeunderthe protection of Allah and that no Muslim
" Al-AbshihT,Shihäbal-Din Muhammadb. Ahmad, Al-Mustabraf,fi Kul fann
mustazhraf,1:110-111,Cairo:
AbmadHefni,Year of publicationis not mentioned.
248
The covenant of `Umar I
ChapterFive
72
Malik
them
Muhammad
is
Prophet
because
That
hurt
with
concluded
them.
of
what
should
judgement.
for
`Umar's
Muslim
is
Jew
It
incident.
asked
and a
reported that a
narratesanother
Jew.
interest
for
his
the
`Umar
the
Jewish
known
of
Having
that the
gave
verdict
was right,
Arnold illustrates another example when he states "the Caliph `Umar forbade any pressure
banü
themselves
Christians
Taghlib),
(the
they
be
them
showed
of
when
to
upon
put
in
faith
be
left
the
that
their
they
to
undisturbed
and
ordered
old
should
abandon
unwilling
3 AbU `Ubayd narrates that `Umar was near Jerusalem with some of the
it.
practice of
he
he
found
that,
He
them
carrying
some
about
grapes and when
enquired
one of
companions.
dhimmi
it
famine.
He
it
belongs
the
to
time
that
told
people
and
gave an
one
of
a
of
was
was
74
his
be
he,
dhimmi
Besides,
to
this
the
the
that
given
on
grape should
value of
order
deathbed,is reported to have said: "I advise my successorto comply with the covenant made
with those under the protection of the Prophet, protect them from those who prosecute them
05
impose
burden
bear.
do
more than they can
not
and
Another example which shows
`Umar's tolerance is what happened when he went to Jerusalem. Haykal states that `Umar set
for
his
followers
he
declined
the Patriarch's invitation to pray with him in
when
an example
the church of the Holy Sepulchre in order not to encourage his followers to turn the church
76
later into a mosque. It is reported that `Umar saw an elderly Christian man begging. He
his
he
situation
and
when
about
was told that the man was a Christian, he ordered that
asked
he should be given help from the treasury of the Muslim state. His reasons were that the man
imposed
he
the
tax
on
non-Muslims
when
was able to earn. Therefore, he was entitled to
paid
help when he lost that source of his income
Once, seeing some non-Muslim lepers on his way back from a journey, `Umar issued
orders that all such people should be provided sustenancefrom the State funds.
72Ibn Sa'd, op.cit., 1:268
73Arnold, op. cit., p.49
74Abü`Ubayd. op. cit., p.72
75A1-Qurashi,Yahyä,b. Adm. Kitäb al-Khardj. Cairo:
al-Matba'ahal-Salafeiyyahwa Maktabätihä,1347All.,
p. 74
76Haykal,M 11usayn A1-Färüq'Umar. Cairo, Matba`at Misr, 1364AH, 260
p.
.
249
The covenant of `Umar I
ChapterFive
Stipends were given to the poor from the treasury without any distinction of religion.
Instructions were sent to the treasury officer that in the Qur'änic injunctions sadagah were for
the poor and the needy, the "poor" should be understood to mean the Muslim poor, and the
"needy" the poor among the Jews and the Christians".
Commenting on `Umar's tolerance towards the People of the Book, Armstrong states,
"The Muslim Caliph, `Umar "had set one of the highest standards for rule in Jerusalem in that he
respectedthe rights of Jews and Christians to live in the city and practice their faiths. Following
his example, Muslim rule sustainedthe most notable period of co-existence among the three faiths
in Jerusalemfrom 638 AD--1039 AD. it '7
Another instance of `Umar's tolerance toward the People of the Book is the following
incident that some historical books narrate. It so happened that the son of Arm Ibn al-'A$ hit
a young Copt. The latter threatenedto report him to `Umar Ibn al-Kha täb. `Amr's son said
to the young Copt, "I have nothing to fear from your grievance, for I am the son of the noble
people. Time passed and one day the young Copt ran into `Umar. Then `Umar gave the
plaintiff his own whip and said to him: "Hit the son of the noble people with this as he hit
you". It was also `Umar who said his famous sentencethat reverberated across the world :
"Since when did you enslave people whilst their mothers brought them free into this
world
5.11 Analysis of the covenant
Having viewed the covenant and its different versions,
one can assume that this covenant
be
authentic and cannot be attributed to 'Umar I. The following section will show the
cannot
for
reasons rejecting this covenant. There are some visible contradictions in this covenant:
There is a big gap between `Umar I and `Abd
al- Rahmän b. Ghonm the writer of the
While
on the one hand, the former died in the year 23 AH, the latter,
covenant.
on the other
hand, died in 80 AH. This means that `Umar I did
not assign him with any position because
Ibn Ghonm was too young. Historians cannot be
certain whether or not Ibn Ghonm, met
Prophet Muhammad.
77Armstrong,op.cit., p.231
250
The covenant of `Umar I
Chapter Five
in
Palestine.
life
his
Ghonm
is
Ibn
that
spent most of
Another thing that supports this view
in
Ghonm
find
Ibn
the
be
we
posed now why should
Therefore, the question which should
historians
Most
confused
were
to
the
that
probably,
covenant?
the
refer
narrations
majority of
in
20`h
died
latter
b.
The
the
Ghonm.
`Ayyäd
b.
Ghonm
year of
between `Abd al-Rahmän
and
hijrah and some historical sources said that he met Prophet Muhammad and witnessed some
in
b.
Ghonm
his
`Ayyäd
him
I
`Umar
made a peaceful
agent
al-Sham.
as
appointed
treaties.
8
if
Most
Jerusalem.
in
not
Palestine
the
and participated
conquest of
treaty with the people of
The
did
to.
they
refer
this
to
specify
city
exactly
not
which
covenant
refer
which
all narrations
in
It
Christians
different
the
different
is
addresses
of
places.
categories
covenant addressing
it
it
Once
Again,
the
time.
more,
addresses
Christians of al-Sham one
people of al-Jazirah.
in
Since
this
the
Christians
are
the
covenant
such.
people
addressed
to
and
such
of
refers
if
Taking
this
the
of
carried
out
or
not.
regulations
covenant were
unknown, we cannot verify
into consideration that most of the narrations talk about the Christians of al-Sham, this will
itself
The
word
al-Sham
would mean more than one country.
matter.
remain a problematic
The regulations that this covenant include seem, as Tritton argues, strange. How could the
impose
is
known
It
these
themselves?
that the
regulations
upon
commonly
people
conquered
impose
Another
be
it
difficult
these
thing
to
regulations.
should
sure
which
makes
conquerors
is
be
the
that
the
too
the
covenant
of
regulations
soundness
severe
are
and would not
of
tolerated. So why should the people of such a city accept them and ask the Caliph or his agent
to carry them out? The regulations are contradicting `Umar's good commandments of the
People of the Book. They opposes the covenant which was concluded with the people of
Jerusalemalthough both of them go back to the same Caliph and were concluded at the same
in
There
this chapter which would be used as evidence
good
examples
some
are
cited
period.
did
I
find
this
not
covenant.
any narration which confirms that `Umar I used any harsh
against
People
the
one
of
any
against
of the Book nor did he do injustice to anyone.
method
78Siyar a'lam al-Nubald'. Harf technologyCD-Rom
251
The covenant of `Umar I
Chapter Five
Why should we find this big discrepancy between the Jerusalem version and the one under
discussion?How could we be certain that `Umar enacted these regulations which oppose the
instructions of Prophet Muhammad and Abü Bakr?
The covenant sometimes provides contradictory information, particularly when it comes to
the late versions. Some of these versions attribute to the covenant conditions that would seem
humiliating to Christians, while other versions grant them an excellent status under the
is
describe
Meanwhile,
in
fashion
Islam.
holy
that
the
other
narrations
shrines a
protection of
incompatible with the nature of these shrines at the age of the Islamic conquest. Another
is
contradiction the article which says that they will not sell wine. This seems strange if we
compare it to the fact that `Umar I accepted the price of sold wine from the People of the
Book if they want to payjizya or tithe.
If we examine the text of the covenant, we find that it sometimes refers to more than one
imposed
It
these
who
regulations.
refers to `Umar himself, Abü `Ubaydah b. al-Jarräh
person
(governor of Homs), and finally it refers to Ibn Ghonm. There is no way to verify who
imposed these regulations.
The covenant is full of words that were not in circulation at that time. Examples: zanänir
(waist belts), bä'üth (Easter), and sha'änin (Palm Sunday). The researcher did not find any of
these words in the six canonical collections of hadith. Most probably, these words were added
to the covenant at a later time.
The first work that referred to this covenant was kitdb al-Kharäj, written
about one hundred
death.
`Umar's
Why do we find no trace of the
after
years
covenant prior to the end of the
third century of the Islamic calendar either in the primary historical and legal texts
or any of
the six canonical collections of authoritative collections? Historical sources did
not refer to
the application of this covenant during the period of the early Muslim caliphate before
or after
`Umar's death. Thus, the question which should be
asked now why should we trace this
back
to `Umar?
covenant
252
The covenant of `Umar I
Chapter Five
his
during
`Umar's
Islamic
the
and
be
caliphate
It can argued that the expansion of
conquests
historians
be
the
his
that
the
dealing
attribute
among
reasons
made
could
subjects
with
way of
be
jurists
is
`Umar
to
the
Another
that
`Umar.
main source
some
consider
to
reason
covenant
jurisprudence
based
Jurists
fiqh
jihad.
their
is
own
or
of
al-Jihad
called now
of what
judgments of dealing with dhimmt people on this covenant. The covenant cannot be attributed
to `Umar II either becausethe narrator i. e. A. b. Ghonm died before the caliphate of `Umar II.
In an attempt to locate the covenant, the following collections of hadith have been thoroughly
and deeply searched:
$ahih al-Bukhäri; sahih Muslim; sunnan al-Termidhi; sunnan al-Nasä'i; Sunnan Ibn Mäjah;
Abmad;
Malik;
Däwtid;
Mustadrak
Abü
muwatta'
sunnan
al-Därami;
musnad
alsunnan
Hakim; Sunnan al-Bayhagi; Sunnan al-Därgitni; Sa/)1h Ibn Hibbän; Satoh Ibn Khuzaymah;
Ibn
Rahawayh;
Abü
Ya`li;
Ishäq
musnad
musnad `Abd Allah Ibn al-Mubarak;
musnad
Ibn
Ja'd
Ibn
Abi
Shaybah;
al-Juhari;
muSannaf
musnad
al-Shäfi`i;
and musannaf
musnad
`Abd al-Razzäq al-$an`äni. The researcherdid not find any trace of the covenant in the abovebooks
except the collection of al-Bayhaq (has already been referred to). Although
mentioned
the mucannaf of `Abd al-Razzäq al-$an`dn that has been referred to has a large section about
the People of the Book, it only deals with some regulations and issues that are irrelevant to the
covenant. Classical Arabic historians such as al Tabari, Ibn Kathir, al-Wägidi., Ibn al-Jawzi,
al-Baladhuri, and Ibn al-Athir did not refer to this covenant. Western authors such as Muir
"the caliphate" did not tackle this covenant in their works. Although the caliphate has a large
section about the caliphate of `Umar but it did not mention anything about this covenant.
The covenant, as Qäsim states, came to existence at the end of the second hijri
79
century.
This makes us doubt about the authenticity of this covenant. If it was genuine it
should appear
during the caliphate of `Umar I or even during the caliphate of the two
succeeding caliphs. I
if
that
most
not all of the regulations of this covenant are products of jurists and
could argue
79Qasim,`Abdu Qäsim. AN al-Dhimmahfi
micr. Cairo,Matabi` Zamzam,2003, p.25
253
The covenant of `Umar I
Chapter Five
thosein authorityaccordingto the exigenciesof the moment.We learn from the historianalMagriz that a version of the covenant had been proclaimed in the year 700/1300, and it was a
formally
imposed
leaders
in
dhimmi
the
that
the
was
on
of
which
communities
version of
Cairo during summer of 755/1354 and disseminatedfor application throughout the Mamluk
80
state.
80A1-Magrizi,
Taqiy al-Din Ahmad Ibn `Ali, Kitdb al-Sulük11
ma'rifat duwal al-Mulük, Cairo: Matba't lajnatalTarjamahwa al-Ta'lif wa al-Nashr,1939,3: 910
254
Conclusion
further
discuss
to
my
topic
to
tries
five
certain
a
chapter
chapters; each
The thesis consisted of
forwards,
look
however
has,
to
first
The
attempted
chapter
conclusion.
and
general argument
in
but
Book,
People
the
rather
to
the
that
of
the
refer
in
verses
the sense of collecting
not
The
develop.
fruitfully
future
how
these
formulate
might
references
of
study
to
attempting
is no big difference between the two periods of
been
has
there
that
main suggestion
that
have
the
however,
verses
of
Medinan
umber
The
a
numerous
might
period,
revelation.
be
this
as
This
to
the
Book.
which,
period
of
People
nature
attributed
the
might
the
to
of
refer
Jews
interaction
between
Prophet
the
the
of
discussed,
been
and
has already
witnessed actual
historical
Qur'än
from
textual
few
the
context
and
Taking
out
of
proper
Medina.
passages
a
Many
People
Book.
the
is
to
the
the
Qur'an
the
of
only scripture criticize
only
not
show that
book
People
the
Bible
the
from
as well.
of
the
also criticize
passages
Examples to quote
include: From the Hebrew Bible, (New International Version) we read:
Hear this, you leaders of the house of Jacob, you rulers of the house of Israel, who despise
justice and distort all that is right;. Who build Zion with bloodshed, and Jerusalem with
her
her
for
bribe,
for
judge
leaders
Her
teach
priests
and
prophets tell
a
a price,
wickedness.
fortunes for money. Yet they lean upon the LORD and say, "Is not the LORD among us? No
disasterwill come upon us." (Micah 3:9-11)
In another place we find:
Wherefore, behold, I send unto you prophets, and wise men, and scribes: and some of them
in
kill
them
some
of
shall
and
ye
scourge
your synagogues, and
crucify;
and
ye shall
0
Jerusalem,
Jerusalem,
killest
from
to
thou
that
the prophets, and
them
city.
city
persecute
how
have
I
thee,
them
sent
unto
are
often
gathered thy children
which
would
stonest
together, even as a hen gathereth her chickens under her wings, and ye would not! (Mathew
23:34,37)
The second chapter showed the relationship between Qur'än and hadith concerning the
People of the Book. There is interplay relation between the two sources of Muslim legislation.
The chapter has demonstrated the prophetic attitude towards both Jews and Christians and
deal
that
traditions
the
with the various topics related to them. The chapter, however,
analyzed
did not cite all prophetic traditions that touch upon the People of the Book due to the
255
traditions
the
that,
Although
of
defend
claim
authors
some
asänid.
repetition of traditions with
idea,
I
this
Muslim
researcher strongly oppose
the prophet are fake. Even this, although as a
for
the
treatment
have
traditions
that
of
good
urge
of
record
a good
was the case; we still
dealt
important
hadith
that
has
the
The
aspects
most
People of the Book.
represented one of
in
how
Book
illustration
People
the
full
it
the
the
issue
viewed
are
of
of
this
gave
and
with
With
harshness
kind
the
have
towards
We
traditions
show
some
some
of
seen
collections.
in
found
be
killing
The
Book
previous
same could
some chieftains.
People of the
such as
An
example:
scriptures.
,,you must destroy all the peoples the LORD your God gives over to you. Do not look on them with
be
16
(New
International
for
"
7:
Deuteronomy
to
that
do
their
a
snare
you.
will
gods,
pity and not serve
Version)
The third chapter presented the jizya imposed on both Jews and Christians. The chapter
becomes
is
in
tax,
jizya
temporary
that
which
certain cases such as when a
a
void
concluded
does
historians
It
important
Islam.
to
as
some
not,
claim,
constitute
an
converts
non-Muslim
(bayt
for
Muslim
is
in
treasury
the
the
al-Mäl)
amount
of
revenue
as
of which
small
source
been
has
It
imposed
that
to
taxes
the
two
to
stated
revenues.
zakäh
were
not
comparison
humiliate the People of the Book. On the contrary, there are writings which prove that these
two systems of taxes prevailed even before the emergence of Islam which would lead to the
innovation.
Islamic
they
that
are
not
an
conclusion
The pre-Islamic way of collecting jizya was not as tolerant as that during Islam, meaning
that Islam gave attention to the rights of its non-Muslim subjects. It can also be concluded that
Islam was not the only religion to impose such taxes on non-Muslims but some historians
imposed
taxes
that
were
similar
on other religions.
argue
The fourth chapter partially demonstrated`Umar's contribution to the Islamic financial
be
follows.
It can be concludedthat `Umar I did not veer
that
summarized
as
could
system
from the instructionsof the Qur'än or the traditions of ProphetMuhammad Rather,what he
did canbe regardedasbeing for the generalwelfare of the Muslim community.
256
is
He
dhimmi.
last
Caliph's
commandmentabout
The following passageis a translationof the
have
to
said:
reported
I commend to his care the dhimmis who enjoy the protection of God and of the
Prophet; let him see it that the covenant with them is kept, and that no greater
burdensthan they can bear are laid upon them.
kharaj
both
Qur'än
to
and
It might be argued that neither the
nor sunnah made any reference
I
`Umar
However,
`Umar
I
leads
two
that
the
to the thought
`ushr. This
sources.
contradicted
be
in
in
to
taxes
the
two
followed
were
the systemthat prevailed somecountries which
only
leviedfrom Muslim merchants.
The fifth chapter discussedthe covenant of `Umar and its relevant issues. From this chapter
the following will be deducted:
As for covenantI there is no reasonto reject it. If it proved to be authenticthen it will be in
favour of the Muslin attitude towards the People of the Book which is our main concern in
be
its
if
fabricated
It
this
thesis.
as
all
clauseagreewith the
so
shouldnot problematic
this
was
Qur'än and the traditions of the Prophet.
The second covenant, due to the different asdnid that have been cited, is to be rejected and
it cannot be used as a historical document to regulate the relations between Muslims and nonMuslims. I would suggest that all juristic judgments that have been based upon this covenant
is
It
be
been
have
to
the
that
not
authentic
annulled.
and
none
of
are
narrations
used could
the
I
As
to
this
support
validity
and
authenticity
proof
a
strong
covenant.
of
a
researcher,
give
is
be
from
historical
books as it effaces
this
to
that
the
covenant
removed
recommend
would
the early Muslim image in dealing with non-Muslims. Among the strong reasonsto reject this
it
is
existed as a local tradition as early as the beginning of the second
covenant probably
Islamic century, it does not appear to have emerged in the major schools of law prior to its
Hanbali
jurist
by
Abii Bakr al-Khalläl. The traditions cited in early hadith
the
citation
collections by `Abd al-Razzäq al-Saan'äni do not support the idea that the covenant of `Umar
first
in
the
century, nor that a collection of the terms similar to the covenant
existed
257
broadly
in
first
Besides,
legal
the
that
the
was
applicable
century.
norms
of
a
set
represented
/1adith,
is
in
been
the
this
stated, very
early collection of
covenant
as already
absence of
legal
in
Islamic
the
the
third
the
major
works
of
six
canonical
and
noticeable especially
hadith.
be
I
This
this
to
used
as
covenant.
could
another
of
strong
reject
reason
collections
for
for
the
that
covenant
was
stipulated
whole
political
particular reasons or
would say
purposes. It could be concluded that the derive behind this covenant stemmed form security
desire
Muslim
from
being
to
protect
a
and
corresponding
administrative
community
concerns
by
overwhelmed the multitude of their non-Muslim subjects.
Another reason that shows the weakness of this covenant is that historical books did not
refer at all to the application of this covenant during to the two succeeding Caliphs who came
it
in
`Umar.
I
justification.
legal
Some clauses
that
time
guess
emerged
some
without
after
contradict the instructions of the prophet and even contradict the constitution that he
concluded with the Jews of Medina.
A question might be posted here. What was the impetus behind the formation of the
Covenant of `Umar? It seemsthat the articles of this covenant were an effort to hierarchy of a
differentiated world-view in the realm of social relationships and physical structures. The
covenant reinforces the category of ahl al-Dhimmah as an immediate, tolerated position in the
Islamic dichotomy between the Land of War and Land of Peace( dar al-Silm
dar
wa
al-Narb.
As a result of the previous reasons, this covenant cannot be accepted as
an authentic
document and, after discussing the different asänid, I can conclude that this
covenant is
fabricated and it is erroneously attributed to `Umar.
One of the areas that could be recommended for further discussions is the
relationship
between Qur'än and /radith with the regard to the People
of the Book. This subject still
occupies the minds of some Muslim thinkers and orientalists. With some more effort, I think
this might be a very good topic that would involve further studies and
of course new findings.
Among the findings I came cross while discussing this thesis is
some Islamic duties such as
258
found
be
in
The
land
to
to
tax
tax,
tax,
other
compare
are
previous
religions.
need
and
poll
is
divine
felt.
in
This
three
the
taxes
religions
urgently
might reveal some of
such
misconceptions that are attributed to the imposition of such taxes in Islam. This is an area I
in
further
discussions.
be
investigated
The covenant of `Umar is still a fertile
to
recommend
is
for
more efforts of study. Another area that is recommended for
and
need
area of research
further investigations. It is hoped that the thesis has come up with useful findings, and has
further
avenuesof research.
some
possible
suggested
259
An appendix of the Qur'Anic verses discussed through chapter one
(1) Verses that praise the People of the Book
Chapter
Meccan verses
Chapter
Medinan verses
74
23
2
62,256
7
143,144,157
3
20,45-50,64,113-115,199
28
51-54
4
123,131,162
S7
107-109
57
27-29
29
46,47
22
17,40
16
43
5
5,44,46,47,65,66,82-85
(2) Verses that criticise the People of the Book:
Chapter
Meccan verses
Chapter
Medinan verses
17
4
2
100,101,105,109,111,113,120,135
144,146,,159,160,174
15
91,92
3
144,146159,160,174
19,23,24,65,66,67,72,73,75,
111,181,186,187
6
114,146
33
26
4
44,46,47,51,153,155-158,171,
172
57
16,29
98
1,4,6
59
2,11
62
5,6
9
30,31,34
5
14,15,17,18,19,41,43,51,57,59
260
Christians
Jews
to
the
Qur'anic
that
the
and
refer
verse
A comprehensive appendix of
(A) People of the Book' (YtI
Meccan or Medinan
Medinan
_-_
------_--__
----____
--____-
-----
-----
--------Meccan
----Medinan
Meccan
Meccan
------Medina
---
Verse number
101
105
109
121
144-46
176
23
64-65
69-72
75
98-100
110
113
186
47
51
123
113
153
159
171
5
15
19
Chapter
2
-
3
-
--4
-----»
5
---
47
-
59
65
68
77
20
89
114
94
36
43
7
52
46,47
16
2
11
Meccan
Medinan
JAI)
31
1,4,6
-
Serial
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
--10
17
16
21
28
29
57
59
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-
41
-6
74
98
42
43
This will includeotherphrasessuchas"Thosewho weregiven the book, peopleof the Gospel
etc". Generally,
it will mentionall words that refer to the Peopleof the Book.
261
(B) Jews and Christian (csj
Meccan or Medinan
Medinan
fj. 3.!141)
Verse number
62
Chapter
2
111
---
Serial
1
2
-----
3
67
----3
5
6
46
4
8
--5
9
18
41
-----
11
12
51
---
13
64
---
14
69
---
15
82
---
16
Meccan
146
6
17
Medinan
30
18
Meccan
118
9
16
Medinan
17
22
20
113
120
---
135
140
-_.
_..
_--
160
__.
14
_--
-------
---
4
7
10
19
(C) Children of Israel (cSf+l
yW!Lj4)
Meccan or Medinan
Medinan
Verse number
40
---
47
---
83
---
122
---
211
Chapter
Serial
2
1
---
2
-----
3
---
5
-------
246
49
93
--3
--.
6
7
8
---
12
5
9
---
32
---
10
---
70
---
11
---
78
---
12
82
---
13
--7
14
---
16
---
17
---
18
--Meccan
110
---
134
---
137
---
138
105
262
4
15
---
90
---
93
2
---
10
19
--17
20
---
22
----20
23
---
26
--26
27
28
----27
29
30
32
33
34
21
---
4
----Medinan
101
104
---
80
--Meccan
94
22
-----
59
197
---
76
-------
23
53
59
32
40
43
---
30
44
35
---
16
45
36
--Medinan
10
46
37
6
61
38
---
14
---
39
47
263
24
25
31
CDHarf
in
Encyclopaedia
found
the
traditions
the
A comprehensive appendix of
Rom and which refer to Jews and Christians.
JAI
(A) People of the Book YUS11
H.No
Book
39
95
524
1318
1365
1401
2107
bºAffi (Faith)
º (Knowledge)
Ij. (Prayer times)
tPº Zakah
1º
t.j4Yº (Rent)
J ,%IJLq Y-'ht+. UI(Testimonies.
Lºy, j jjt{, u ZpJ,
jXi
Unbelievers should not ask to be witnesses
2488
2789
itl
13!
p..
Lf.. CA
3294
3650
3651
4000
4125
4200
4215
4293
4336
4693
5056
5065
5072
5462
5739
5788
6414
6814
JA
aºj
Aº
(Expeditions)
(Jjt.
&+ (Qur'An exegesis)
.
--
ti(Marriage)
t! jtoiI(Slaughtering and hunting)
Dress
csw4Aº
JJ º Manners
uº. Vº Askin for permission)
4 (Giving a chance to the
j ý+'ýºý 0A. }+11'4tZ
a ostates and insurgents to repent and fighting them
º! Y=4 rýJº
(Committing to the Qur'an and
Sunnah
6815
6824
6865
6886
6968
6969
6979
6987
27
28
179
219
1836
3567
QºJ41 (Testimonies)
11j.ßt441Ji/rdd and biographies
,y
(Jizya-Shall a DhimmT be
yJ
exempted if he practices magic)
W Virtues
4%,PI (Monotheism)
-
üt. i
4ýº!
I
-------
1
2
3
4
5
6
7
---
8
---
9
10
11
-----------»
-------------
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
---
29
---»
-----»
-----
30
31
32
33
34
35
36
37
-----»
-----
38
39
40
41
42
43
-------
(Faith)
--4,d1º(Fasting)
º (Hunting and slaughtered animals
264
Serial
Source
0-II(Greetings)
4024
4025
4030
4037
4982
4987
4993
-
jUfl
l
cl+L Virtues
jCAUI Qý°(Characteristics of the
hypocrites and their affairs
(Features of resurrection,
Ij L;01
Paradise, and Hell
------»
---
44
45
46
47
48
-----
49
50
C1
56527
643
1357
1483-84
1490
1719
2940
3117-18
3223
2137
2293
2475
3292
5134
MP
Za k9 h
Fasting)
-"1
Punishments
3.fß
(Biographies)
4.41 (Biographies)
Foods)
uý ý tr +
ur'än exegesis)
51
52
----- 53
54
-55
--56
-«
57
"
58
"
59
---
L"l''
'º ''
4ýº (Fasting)
M. Jº Zakäh
---
ýº
Marriage)
k4'11 (Ornaments)
---
60
61
62
63
64
Ac
85665
135167
184968
19966
2129
3128
3159
3261
3342
3656
3981
4531
5ºº (Prayers)
W,131Zakäh
tº (Marriage)
(Fasting)
sal
.
J4+º Jihad
' 'YI (Judgments)
flPll (Knowledge)
I (Foods)
ºý
--__
-»
--.
----------
ckrýº (Disembarkation)
I Sunna/i
YJ º (Manners)
1773
1946
2109
2365
2634
2742
3198
3622
3687
Us.tºº Zakah
LUº (Marriage)
kº. º º (Expiation of sins)
º (Judgments)
: 41º (Blood money)
ºº
(Laws of Inheritance
cº.
4,431(Hunting)
Al
(Dress)
(--t
4+J º Manners
544
477
1563
1635
2146
2387
2406
2771
RUH
-(Zakah)
(Introduction)
eU. º Zakah
ydº (Fasting)
C=l (Marriage)
at-11(Biography)
º
+º.
Laws of inheritance)
c:
265
V'º
''
---------»
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
a- L61- 86
iUM is+- 87
88
--89
--90
_
91
-»
92
_.
93
---
2866-67
1138
1967
2099
2246
2365
2474
2575
2633
2790
3409
5859
6429
6795
7990
O1.
r tZI ;:. Y..11%-...
Musnad of the ten people who are told that they
will be admitted to paradise
' L' i
e-"u cr'i'
(Part of the Musnad of the family of Hashim)
( 4111 C- 6i. =1
) The Musnad of
the companions who are known to narrate a
big number of traditions
=I"U14
Csl.
The rest of Musnad al-Mukthrtn See above)
-»
94
%" .L.r.
Musnad10'
Ahmad
95
---
96
-----------------
97
98
99
100
101
102
103
104
105
...
-----
106
107
108
8976
9507
109
110
9539
111
10703
11510
11672
11698
11977
12011
12614
12716
12734
12763
12807
12846
12976
13267
13376
13424
13581
14104
14122
16329
16338
16499
16512
16592
-
--c: rȼ
The Musnad of the people of al-Sham
112
--113
--114
--115
--116
--117
118
119
--120
--121
--122
--123
--124
--- 125
--- 126
127
128
129
130
131
-------
132
133
134
135
1031
"A hadith which a traditionist reports from his sheikh from
whom he is known to have heard
(ahadith)at a time of life suitable for learning, and similarly in turn for
each sheikh, until the isnad
reachesa well-known Companionwho turn reportsfrom the Prophet."
http://www.islaam.net/main/display.
php?part=3&category=6&id=191,11-07-2005
266
16837
17065
17071
17083
17085
17095
17103
17133
17242
17765
18416
----------------j,!
! yý+
The beginning of Musnad al-Kafiyyrn (People of
Kufah-Ira
18711
18873
18880
21205
-----
-----------------------
136
137
138
139
140
141
142
143
144
145
146
-----
147
148
149
150
----»
---
151
152
153
The rest of Musnad (al-Anqar) the helpers
22041
22249
22865
22789
-----mal! J4-ý11(Jihadand biographies)
,
e. ) (Zakäh)
544
''
-----
u! LAA (Laws of inheritance)
L1j
cg
6
417
525
568,69
827
847
1244
1301
2107,8,10
2170
2919
3195,97,98
3200,3
3227
3541
4089
4215
4327
4359
4604
155
1 Introduction
eU ý
Zakah
(Fasting)
(Marriage)
IP
"
JI
(Biographies)
,
477
1563
1635
2146
2387
2406
2771
2866
2867
154
----
166
167
168
169
170
171
172
173
174
J-401 (Jews and Christians)
I-Io
(Beginning of revelation)
j1º
,
Mall (Prayer)
i
11Pra
ers' times)
X13I (Call for prayer)
(Friday Prayer)
--3+t++1º
(Funerals)
U+71 (Rent)
40JI3431
(Cultivation)
cr-iº cri (Im Position of one-fifth
f4: 111431&(Tales of prophets)
--UAIº(Virtues)
y3 U-11(Expeditions)
uýº+
r'An exegesis)
ýjýäº1cl+ ' (Virtues of the
267
Qur'an)
d jU &ll
~---»
-------»
---
--------
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
4623
5368
5448
6775
crAA (Dress)
'
6886
1412-15
1916
2899
3313
3926
4030
4822
4971
Mall (Prayers)
rU31l Zakah
175
574
1384
1528
1531.32
2564
577
2619
732
-----
200
201
202
-----------
203
204
205
206
207
208
209
210
---------
Ij A43 Jihad and biographies)
.
a4-11(Biographies
CA,
4YI (Faith)
ýWl (Knowledge)
ylyllj uA Yl (Asking for permission and
manners)
---
-JLI º (Proverbs)
(Qur'an exegesis)
ýiýitl yý.wl+
------
uºl º (Call for prayers)
(Mosques)
+'
º (Friday prayer)
WW11(Funerals)
º+ºº Book of Oaths)
''º (Ornaments)
622
696
1350,51
2020
4724
4983-85
5146
699
---
199
LA I ''
4-11 (Hunting)
2624
2797
2878
3029
2649-51
39801
iº (Committing to the Qur'ßn
and Sunnah
(Monotheism)
A. s+11
d.41 (Faith)
e1
(Prayer)
eýt.dtl &1I,y-J J+L-,-Il (mosques and places
for ra ers
º (Friday prayer)
4,411(Fasting)
W"I (Irrigation)
1lj 44.:Pº Jihad and biographies)
' tJlj crA41fl(Dress and ornaments)
.
Greetin s
º (Knowledge)
(Repentance)
269
568
823,25,26
378
420
2006
2089
2635
ºº.!yUS4
_
-------
195
196
197
198
äº
(Prayers)
rdº (Fasting)
L ººj; JIAVIJrº, uitº (KharaJ, emirate, and spoils of
war)
Ji fiil Disembarkation
(Sunnah)
-º
4ºj
uAº (Call for prayers and following the
Sunnah to do It)
4ºº
11106+1º1
(Mosquesand
congregational prayers
268
C'-
------»-
ºý
''
--------
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
VO el "'
---
237
238
1073
2634
3611
3982,84
4038
196
210,214
1305,6
1786
4279
t441
ti! (Performing prayer and
lj öl
following the sunnah to do that)
QtJll (Blood money)
(Dress)
crw4ºvl
CAM(Uprisings)
---
X14&JA4llr
º
Musnad of the ten people who will be admitted
to Paradise
f"V U+!A" ir.!
Part of the Musnad of the family of Hashim
»I
it c: =l
.
The Musnad of the companions who are known
to narrate a large number of traditions
-
ý4
iýº
The rest of Musnad al-Mukthrrn
7009
7092,94
7227,30
7251
7299
7382
7497
7737
7767
8147
8318
8680
8842
9434
17067
17241,41,42
244
---
245
264
247
---
248
-----»
249
250
251
---
252
---
6795
9443
9473
9967
10067
10126
10207
10232
10297
10298
10305
10407
11372
11415
14189
15331,32
---------
240
241
242
243
J+
6072
6080
6429
6916
---
239
---
253
-
-----------»
-------------
---
-»
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
--»
269
270
»------
»
-
---
271
272
273
274
275
276
277
278
279
280
281
282
2
-»
283
---
ý'
ýýº
The Musnad of the
peopleof Mecca
»I4L"
The Musnad of the people of
al-Sham
284
269
18146
18572
19460
&JAAI YL" c,ii
The beginning of the Musnad of the people of
Küfah
cwy'aJl s+....
The beginning of the Musnad of the people of
Basra-Ira
19773
19810
20776
21259
The Musnad of the Hel ers
J4,A+º
ul4
The rest of the Musnad of the Helpers
22385
22620
22931
23372
23748
24727
24982
25149
290
1367
---
285
-
286
287
__
288
289
290
---
291
---_
(Introduction)
Pra er : ýdI
270
1 Is11""
292
293
294
295
296
297
298
299
300
301
Bibliography
`Abd al-Bägi, MuhammadFu'äd, AI-Mu jam al-Mufahras li al -ja? al-Qur'än alDar
1987.
Karim, Cairo:
al-Hadith,
`Abd A11äh,M Yäsin,Ahl a-Islam wa ahl al-Dhimmah, Cairo: publisher is
not mentioned, 1998.
`Abd al-Razzäq,b. Hammäm al-$an`Wi, (744-827/126-211), Al-Musannaf.
http//: www. sonnh.com
Abdel Haleem, M. A, Understanding the Qur'an: themes and style, London:
Tauris, 1999.
`Abdul Mannän, Muhammad, Islamic economics: theory and practice, Boulder:
Westview Press, 1987.
Abü al-Faraj, `Abd a1-Rahmän b. Ahmad b.Rajab, edit. `Abd Allah al-$iddiq, AlIstikhräj li ahkäm al-Kharäj, Beirut: Dar al-Hadäthah li al- Tibä'ah, 1982.
Abü Nu`aim al-Isbfahäni `Abd A11ähb. Ahmad d.430 A. H, ffi7yatal-'Awliyä
Maktabat
tabagät
wa
Vols, Cairo:
al Asfiyya
al-Khanji
wa
matba'at
al,5
Sa`ädah,1937.
AbüSulaymän, `Abd al-Hamid, Towards an Islamic theory of international
relations: new directions for Islamic methodology and thought, 2°d ed.
Herndon, Va.: International Institute
of Islamic Thought, 1993.
Abü `Ubayd, al-Qäsim b. Salläm, Kitäb al-Amwdl, Beirut: Mu'assasat NäSer le
alThagäfah, 1981
-Kitdb al-Näsikh wa al-Mansükh, ed. John Burton, Cambridge: E. J.W. Gibb
Memorial, 1987.
Abu Yüsuf, Ya`qüb b. Ibrähim al-Ansän, (113-182A. H-731-798A. D,) Kitäb
alKharäj, Cairo: al-Matba`ah
al-Salafiyyahwa maktabätihä,1352AH.
Achtemeier, Paul J, 'larper's
Bible dictionary, San Francesco: Harper &
271
Row, 1985.
Aghnides, Nicolas Prodromou, Mohammedan theories of finance: with an
introduction to Mohammedan law, and a bibliography, Lahore: Premier Book
House, 1961.
Ahmad.Narimän A, Mu `ämalat ghayr al-Muslimin fi al-Dawlah al-Islämiyyah,
Cairo: al-Hay'ah al-Misriyyah al-'Amah li al-Kitäb, 1995.
Ahmad, MAX Rizq Al1äh,Al-91rah al-Nabawiyyah fi daw' al-Ma cj r alAS'liyyah: diräsah tahliliyyah, Riyadh: Markaz al-Malik Faisal li al-Buhuth wa
1992.
al-Islämiyyah,
al-Diräsät
Akram, Muhammad, AI-Quds a historical perspective, Journal of the Pakistan
historical society, 1995,43:111,pp. 239-248, Karachi: Bait al- H.ikmah, Hamdard
University.
Al-Absh-Ih Shehäbal-Din Muhammadb. Ahmad AbU al-Fath,Al-Mustaf offi Kul
,
fann mustapaf, Cairo: A. Ahmad Hifni, Year of publication is not mentioned.
Al-Alüsi, Shehäbal-Din al-SayedMahmüd,ed. `Ali `Abd al-Ban `Atiyyah, Rüh al-Ma'äni
ft tafsir al-Qur'än al-'Azfm, 16Vols, Beirut: Dar al-Kutub al-`Ilmiyyah 1994.
,
Al-Atyar, Ilusni Yüsuf, `Ala liamish al-Hiwar bayna al-Qur'an wa al-Yahiid,
Cairo: Dir al-Ansär, 1984.
Al-Bayhagi, Abiz Bakr Ahmad Ibn al-Husayn Ibn `Ali Ibn Müsä, Sunnan al-BayhagT,
http://www. alwarag.net/index4.htm?c=.
Al-Bishr Täriq, A1-Muslimirn wa al-'Agbät fi tariq al-Wet7dah al-Wataniyyah, Beirut:
,
Dar al-Wihdah, 1982.
Al-Bustäni, `Abd Allah, Fäkihat al-Bustdn, 2.vols. Beirut: The American Press, 1930.
Al-Bustäni, Butrus, Muhit al-Mu/Tit, Beirut: publisher is not mentioned, 1870.
Al-Dun `Abd al-`Aziz, Muqaddimah fi tärikh Sadr al-Isläm, Beirut: al-Matba`ah
,
1949.
al-Käthülikiyyah,
Al-Faruqi, Ismail Raji, Islam and other faiths, ed. Ataullah Siddiqui, London: The
Islamic foundation, 1998.
key
London
the
to
world
peace,
: Islamic Council of Europe, 1980.
--Jerusalem
Al-Fir izabädi, M b. Yahyä, Al-Qdmüs al-Muh) 4 Vols, Cairo:
al-Matba'ah alHusayniyyah, 1911.
dhawi
Basä'ir
fi
laff'if
al-Tamyiz
al-Kitab al- `Aziz, 6 Vols, edit, `A. alTahawi, Beirut: al-Maktabah al-'Ilmiyyah, (Year
of publication is not mentioned).
Al-Ghazäli,Muhammad,Fiqh al-Si-rah,Cairo: Manshürät`ä1m
al-Ma`rifah, (Year
272
is
of publication not mentioned).
Al-Hadäd, al-'Ustädh, Al-Qur'än wa al-Kitäb full name of the author, year and
place of publication are not mentioned.
Al-Hamawi,Yäqüt b. `Abd Allah,
1861.
Imperiale,
Imprimerie
Paris
jam
Mu
:
al-Buldän,
`All, Abd Allah Yiisuf, The Holy Qur'an, text translation and commentary,
Maryland: Amana Corp, 1983.
Al-Jasäs, Abii Bakr Abmad b. All al-Razeal-Hanafi, (d. 370 AH), Ahkäm alQur'an, 3 vlos, Cairo: al-Matba'ah al-Bahiyyah al-Misriyyah, 1347 AH.
6
Hamad,
Al-Sihäh
b
SitOp
al-'Arabiyyah,
täj
Ismä'i1
:
al-Lughah wa
Al-Jawhar,
Vols, Cairo: Dar al-Kitäb al-`Arabi, (Year of publication is not mentioned).
Vols,
kallm
5
li
Aysar
Jäbir,
Bakr
Abü
al-'Aliy
al-Kabtr,
Al-Jawzi,
al-Tarasir
Medina: Maktbat al-`Ulüm wa al-Hekam, 1994.
Al-Jaziri, `Abd al-Rahmän, Al-Fiqh `alä al-Madhähib al-Arba `ah, 4 Vols,
Cairo: al-Maktab al-Thagäfi, 2000.
Al-Kasäni, `Ala' al-Din 'Abü Bakr b. Mas`üd al-Hanafi, Baddi' al-Sandi' ft
`Adel
Sheikh
A
Vols,
Sheikh
'All
Mu'awad&
10
M
edit
tartib al-Shardi',
`Abd al-Mawjüd, Beirut: Dar al-Kutub al-'Ilmiyyah, 1997.
Al-Khallal, AbU Bakr Abmad b. Muhammad, Akäm ahl al-Melal, edt. Sayyed. H.
Kesrawi, Beirut: Dar al-Kutub al-'Ilmiyyah, 203
Al-Khatib, A, Jerusalem in the Qur'an, British Journal of Middle Eastern Studies,
Volume 28, Number 1,1 May 2001, pp. 25-53, Routledge, part of Taylor &Francis
Group, 2001
`Alläwi, Muhammad,Theauthenticityof the Holy Qur'an, Majallat al-Azhar, Vol. 3.PP.17, Cairo:Majma' al-Buhüth al-Islamiyyah,1974.
Al-Magdisi, Müsäb. Ahmad, Al-Ignä' li lib al-Inti/a', 4 vols, Ryadh:Dar
,
`älam al-Kutub, 1999.
Al-Maräghi, Ahmad Mustafa, Tafsir al-Maräghi, Cairo: Shirkat maktabat wa
matba'at Mustafa al-Bäbi al-Halabi wa awlädih, 1946-1953.
Al-Marghinäni, `Ali b. Abü Bakr b. `Abd al-Jalil (d.953 AH), Al-Hiddyah
4
Cairo:
bidäyat
Matba`at Mustafa al-Bäbi al-Halabl
vols,
al-Mubtadi.
sharp
wa awlädih, 1937.
Al-Mäwardi, AbUal-Hassan`Ali b. Muhammadb. Habib al-Basri, (364-450AH-974-058
AD) ed.Khälid Abd al-LalIf al-Sab' al-`Alami,
273
AI A/lkäm al-Sultaniyyah wa al-Weläyät al-Diniyyah. Beirut: Dar al-Kitäb al`Arabi, 1990.
b.
A.
Al-Sayyed
tafsir
al-Magsüd,
ed.
al-Mäwirdi,
al-'Uyün
wa
-A1-Nukat
Beirut: Dar al-Kutub al-'Ilmiyyah, 1992.
Altäniyyah
Ahkäm
A
Government,
translation
waThe
of
al
al-Sul
of
ordinances
Weläyät al-Diniyyah. Trans. Wafä H Wahbah, Beirut: Grant
PublishingLtd, 1996.
Al-Memmi, Hassan,AN al-Dhimmah ft al-Harrah
al-Gharb al-Islam-1,1998.
al-Islämiyyah, Beirut: Dar
Al-Müjaz ft mu'ämalat ghayr al-Muslimin fi al-Islam, Amman: al-Mujamma'
1994.
buhüth
li
al-Hadärah al-'Islämiyah,
al-Malaki
Al-Nasafi, `Abd Alläh b. Ahhmad, (d. 1310), Tafsiir al-Nasafi, al-Musammä bi
2
Vols,
Zakariyya
'Umayrat.
hagäa'iq
ed.
al-Ta'wil,
madärik al-Tanzil wa
Beirut: Där al-Kutub al-'Ilmiyah, 2001.
Al-Nemr, M. al-Khalil Nemr, Ahl al-Dhimmahwa al-Welayätal- `Ämahfi alFiqh al-Islämi, Amman: al-Maktabahal-Islämiyyah,1409A. H.
Al-Qalgashandi, Ahmad b. `Ali, Subh al A'shd ft Senä, 'at al-Inshä, 14 Vols.
Cairo: al-Matb'h al-Amiriyah: 1916.
A1-Qaradawi,Yüsuf, Ghayr al-Muslimin ft al- Mojtnma' al-Islämi, Cairo: Maktabat
Wahbah,1992.
A1-Qäsimii, Jamal al-Din. Muhammad, Tafsir al-Qäsimi al-musammä Mahäsin alta'wil, 9 Vols, ed. Muhammad Basil. Beirut: Dar al-Kutub al-'Ilmiyyah, 1997.
A1-Qastaläni,Abä Al-`Abbäss Abmad, Irshäd al-Säri li shark Sa h al-Bukhäri, 10
Vols, Cairo: al-Matba'ah al-Kubra bi Bü1äq, 1350 A. H.
Al-Qurashi, Yahyä, b. Adm (d. 818), Kitäb al-Kharäj, Cairo: a1-Matba`ahalSalafiyyah wa maktabätihä, 1347 AH.
Al-Qurtubi, Muhammadb. Ahmad, d. 1273,Al-Jam! ` li 'ahkämal-Qur'an, 20
Vols, Cairo: Dar al al-Kutub a1-Misriyyah,1933-1950.
Al-Rayyis, M. D, Al-Kharäj wa al-Nuzum al-Mäliyyah fi al-Dawlah al-Islämiyyah,
Cairo: Dar al-Ma`äref, 1969.
Al-Rani, Muhamad b. `Umar b. al-Hussayn b. al-Hassan (544-604 AH), Al-Tafsir
al-Kabir (Mafatih al-Ghayb) 20 Vo, Beirut: Dar al-Kutub al-'Ilmiyyah, 2000.
A1-sälih, Subhi, `Ulüm al-Hadith wa mucatalahih, Beirut: Dar al-'Ilm li alMaläyin, 1959.
Al-Salläbi, `Ali Muhammad,Fasl al-Khitabftsirat `Umarb. al-Khattäb,
Alexandria:Dar al-`Iman, 2002.
274
Al-Sarakhasi, Muhammad b. Abmad, U4371
al-Sarakhasi, ed. Abü al-Wafa alAfaghäni, Beirut: Där al-Kutub al-'Ilmiyyah, 1414 [1993]
http: //www. alwaraq.com/
Al-Mabsü!
fi
Amman:
j
`,
Imalat
Al-Wajiz
`Ali
al-Islam,
A1-Sawwäf,
ghayr al-Muslimin
mu
,
1994.
buhtzth
li
al-Hadärah
al-Islämiyyah,
al-Mujamma' al-Malaki
A1-Shawkäni, Muhammad b. 'Ali b. Muhmmad,
Fath al-Qadir al-Jami' baynafannay al-Deräyah wa al-Rewäyah Min 'Ilm al-Tafsir,
Year
Dar
Beirut:
6
Vols.
`Abd
A.
of publication
al-Kutub
al-'Ilmiyyah,
al-Salam,
ed.
is not mentioned.
Al-Shäf1, Muhammdb. Idris (d.204 AH)
Kitäb al-Um, 9 Vols, ed. Mahmüd MatrajT, Beirut: Dar al-Kutub al-'Ilmiyyah, 1993.
Al-Shaharastäni,`Abü al-Fath Muhammd b. 'Abd al-Karim, Al-Melal wa al-Nehal, 3
Vols, ed.A. Fahmi Muhammd,Cairo: Maktabatal-Husaynal-Tejäriyyah, 1949.
Al-Syüti, Jaläl al-Din'Abd Al-Rahmän b. Abü Bakr d.911 AH, 6 Vols,
AI-Durr al-Manthür J al-Tafsir bi al-Ma'thür, Beirut: Dar al-Kutub al'Ilmiyyah, 2000.
fl `ulüm al-Qur'd. Beirut: Dar al-kutub al-'Ilmiyyah, 2001.
-Al-Itgän
Al Tabari, Abii Ja'far Muhammad b. Jarir, Tafsir al-Tabari al-Musamä jämi' alBayänft ta'wil al-Qur'än, 13 Vols, Beirut: Dar al-Kutub al-'Ilmiyyah, 1999.
Vol:
`Umam
4,
Cairo:
Tarikh
al-Matba'ah al-Husainiyyah alalw
al-Mulük,
MiSriyyah, year of publication is not mentioned.
Al Turtiishi, Abii Bakr Muhammad Ibn al-Walid Ibn Khalaf Ibn Sulymän, Siräj alMulük, http: //www. alwaraq.net/index4.htm?
Al-Ttisi, Muhammad b. al-Hassan, al-Tibyän ft tafsiir al-Qur'än, 6 Vols, Najaf : alMatba'ah al-`Ilmiyyyah, 1957-1963.
Al-`Ulaymi, Mujir al-Din al-Hanbali,AI-Uns al-Jalil bi tärikh al-Qudswa alKhalil, 2 vols, ed. M. `Awadahal-Ka`äbnah,Palestine:Mu'assasatal-Kutub
al-Thagafiyyah,1999.
Al-Ushayqer, Muahammad `Ali, Lamahät min täriikh al-Qur'än, Beirut: alMu'assasahal-`lmiyyyah li al-Matbü'ät, 1408 AH.
A1-Wähid7l,Abü al-Hassan `Ai b. Ahmad b. Muhammad, Asbäb Nuzül alQur'än, Beirut: Där al-Kutub al-`Ilmiyyyah, 1999.
A-Wägidi, Abü `Abd Allah Muahmmad b. `Umar, Maghäzi rasül Allah, Cairo:
Jamä'at Nashr al-Kutub al-Qadimah, 1948.
Al-Zubaidi, Muhammad Murtadä al-Husain, Tai al-'Arils, 8 Vols, ed. A. Ahmad
275
Faräj, Kuwait: Matba`at Hukümat al-Kuwait, 1965.
`Amer, Mustafa F, Tärikh ahl al-Dhimmah fi miSr al-Islämiyyah, Cairo: alHay'ah al-`Amah li al-Kitäb, 2000.
1976.
Dar
Beirut:
Adab
Shaykh,
al-Shurüq,
Amin, Bake
al-Hadith al-Nabawi,
faiths,
London:
HarperCollins
Jerusalem
three
Karen,
Armstrong,
city
on
Publisher 1996.
Andrae, T,
Mohammed, the man and his faith, New York: Harper&Brothers, 1955.
history
Islam;
The
Walker,
Thomas
a
of the propagation
Arnold,
preaching of
1913.
Constable,
faith,
London:
Muslim
the
of
Asian,Adnan, Theconceptof ahl al-Dhimmahand Islamic pluralism,
Islamic
London,
1,1424/2003,
Number
the
XLVII
Islamic
The
quarterly,
Cultural Centre, 2003.
Atman, M, Islamic Perspective on Ethnicity and Nationalism: Diversity or
Uniformity?, Journal of Muslim Minority Affairs, Volume 23, Number 1,
April 2003, pp.89-102(14), London: Routledge, part of the Taylor& Francis Group.
Ayüb, Mahmüd, Nearest in amity: Christians in the Qur'än and contemporary
Exegetical tradition, Islam and Christian Muslim relations, Vol. 8, No. 2,
PP.154-164, centre for the study of Islam and Christianity: Routledge, part of
the Taylor& Francis Group. 1997.
Azami, Muhammad Mustafa, Studies in Hadith literature and Methodology
Islamic teaching centre, Indianapolis, India 1977.
Hadith
literature,
Indiana:
American
Trust
Publications,
in
early
-Studies
1978.
from
Qur'änic
Leicester:
history
text
to
the
revelation
compilation,
of
-The
UK Islamic Academy, 2003
Bokay,Moris, Trans,Qur'an, Torah, Gospel,and science,Cairo: Maktabat
Madbüli, 1996.
Badrän, Abü al-`Aynayn, A1-7lägät al-'Ijtimä'iyah bayna al-Muslimin wa
fi
al-Shari'ah al-Islämiyyah wa al-Masihiyyah wa alal-Muslimin
ghayr
Yahüdiyyahwa al-Qänün, Beirut: Där al-Nahdah al-'Arabiyyah li al Tibä'ah
wa al-Nashr, 1984.
Barakät, `Abd al-Karim Siddiq, A1-Igtipd al-Mali al-Islämi : dirdsah
bi
muqaranah al-Nuz'um al-waO'iyyah, Alexandria: Mu'assast Shabäb alJämi'ah, 1984.
BarakätAhmad Sayyed,Non-Muslimsand the Umma,Studiesin Islam, 17,1980
276
1980.
Delhi,
New
80-118,
pp.
Balädhuri, Ahmad b. Yahyä, Futüh al-Buldän, ed. Radwän Muhammad
Radwän, Cairo: al-Matba`ah al- Misriyyah bi al-Azhar, 1350-1932.
Balyuzi, Hasan Muvaqqar, Muhammad and the course of Islam, Oxford: G.
Ronald, 1976.
Bannerman, Patrick, Islam in perspective: a guide to Islamic society, politics
Routledge,
1988.
London:
/Patrick
Bannerman,
law
and
Baramaki, Demetri, Jerusalem the key to world peace, London : Islamic
Council of Europe, 1980.
Baynes, Norman Hepburn, The Byzantine Empire, New York: AMS Press,
1977.
Bell, Richard,Introduction to the Qur'än.Edinburgh:EdinburghUniversity
Press,1953.
Ben Shemesh,A., Taxation in Islam, Leiden: E.J. Brill ; London : Luzac & Co.
Ltd., 1958-1969.
Berg, Herbert,Thedevelopmentof exegesisin early Islam: the authenticityof
Muslim literaturefrom the formativeperiod,Richmond:Curzon,2000.
Berwen Mohamed, Al-Wathtga: Thefirst Islamic state constitution, Journal of
Muslim minority Affairs, Vol. 23 No. 1 April 2003, pp 103-120, London:
Carfax publishing, 2003.
Besant, Walter, Sir, and E. H. Palmer.
Jerusalem, the city of Herod and Saladin, London: Chatto & Windus ;
Philadelphia: J.B. Lippincott, 1899.
Blachere, R. In the encyclopaedia of Islam, I: 264-266, New Edition, Leiden:
E.J.Brill, 1960.
Bosworth,Clifford Edmund,Theprotectedpeoples(Christiansand Jews) in
the mediaevalEgypt and Syria, Manchester:The JohnRylandsUniversity
Library, 1979.
Boullata, Issa J, Literary structures of religious meaning in the Qur'än,
Richmond : Curzon, 2000.
Brown, Daniel, Rethinking tradition in modern Islamic thought, Cambridge:
Cambridge University Press, 1996.
Bulac,Ali, Liberal Islam :a sourcebook, ed. CharlesKurzman,New York :
Oxford University Press,1998.
277
diräsah
f
Ibn
'Umar
Manhaj
Muhammad.,
Bultäji,
al-Tashri' :
al-Khattäb
Dar
Cairo:
li
frgh
'Umar
tanziimätih,
al-Fikr al-`Arabi,
wa
mustaw'abah
1970.
Burton, John, An introduction to the Hadtth, Edinburgh: Edinburgh University
Press, 1994.
Clubb, John Bagot, The life and times of Muhammad, London: Hodder &
Stoughton, 1970.
1977.
Cambridge
University
Press:
London:
Qur'an,
the
-The collection of
Cohen, Mark R, Under crescent and cross : the Jews in the Middle Ages,
Princeton, N. J.: Princeton University Press, 1994.
CourbageYossef and philippe Fargues, Christians and Jews under Islam,
Translated by Judy Mabro, London; New York: I. B Tauris publishers. 1998.
Cragg,Kenneth,Muhammadand the Christian: a questionof response,London:
Darton,Longman,andTodd; Maryknoll, N.Y: Orbis Books, 1984.
Dashti, `Ali, Twenty three years: A study of the Prophetic career of
Mohammad, Trans. F.R. C.Bagley, London: George Allen& Unwin, 1985
Dennett, Daniel C, Conversion and the poll tax in early Islam, Cambridge:
Harvard University Press 1950.
Doi `Abdur Rahmän I, Non-Muslims under shari'ah (Islamic law), London: Ta
Ha publishers Ltd, 1983.
Dumayriyyah, `Uthmän Jum'ah, Manhaj al-Islam ft al- Harb wa al-Saläm.
Kuwait: Maktabat Där al-Arqam, 1982.
Dutton, Yasin, The origins of Islamic law, Richmond: Curzon, 1999.
Draz, M A, Introduction to the Qur'an, London; New York: I. B. Tauris
Publisher, 2000.
Encyclopaedia Britannica, Millennium edition, CD-Rom
Esposito, John L, Islam and politics, New York: SyracuseUniversity Press,
1984.
Fadl Allah, MuhammadHusayn,Islam, the religion of dialogue;trans.Najm alKhafaji, Beirut: Dar al-Maläk, 2003.
Gabriel, Francesco. Muhammad and the conquest of Islam. London: Weidenfeld &
Nicolson, 1968
Gätje,Helmut, TheQur'an and its exegesis,London: Routledge& Keganpaul,
1971
278
Gawhar, Altaf, The challenge of Islam, London: Islamic Council of Europe,
1978.
Ghazi b. al-Wäsiti, "An answer to the Dhfmmis ", tr. Richard Gotheil in
Journal of the American Oriental society, 41 (1921), pp.383-457.
Gilman, Arthur, The Saracensfrom the earliest times to thefall of Baghdad,
London: T. Fisher Unwin, 1887.
Goddard, Hugh, A history of Christian-Muslim relations, Edinburgh:
Edinburgh University Press,2000.
Goitein, S. D, Jews and Arabs: their contacts through the ages, New York:
SchockenBooks, 1974.
Goldziher, Ignac, Introduction to Islamic theology and law, trans. Andras and
Ruth Hamori ; with an introduction and additional notes by Bernard Lewis,
Princeton: Princeton University Press, 1981.
Gottheil, Richard, "An answer to the Dhimmis ". Journal of the American
Oriental Society (1921): 383-457.
Gray,John,A history of Jerusalem,London:Hale, 1969.
Griffiths, Paul. J. Christianity through non-Christian eyes,Maryknoll, New
York: Orbis Books, 1990.
Guillaume, Alfred, The traditions of Islam: an introduction to the study of the
hadith literature, Oxford: Clarendon Press, 1924.
Häjji, Ja`far `Abbas, Al-Madhhab al-IgtiSidi ftal-Islam, Kuwait; Beirut:
Maktabat al-Alfayn, 1987.
Hamidullah, Muhammad, Muslim conduct of state: being a treatise on siyar,
Lahore : Ashraf, 1953.
Häshim, al-Husayn `Abd al-Majid, Usül al-Hadith al-Nabawi, Cairo: Dar al-Shurüq,
1406 A. H.
Hassan,Ahmad, The early development of Islamic jurisprudence, Islamabad:
Islamic ResearchInstitute, 1970.
Haykal, Muhammad Husayn, Hayät Muhammad, Cairo: Matba`at Där al-Kutub
al-Misriyyah, 1939.
`Umar,
Cairo,
Matba'at
Misr, 1364 A. H.
-Al-Färüq
Hirschfeld, Hartwig, New researches into the composition
and exegesisof the
Qoran, London: Royal Asiatic Society, 1902.
279
Hitti, Philip Khuri, History of Syria : including Lebanon and Palestine, London :
Macmillan, 1951.
Hourani, Albert Habib, Minorities in the Arab World, London; New York:
Oxford University Press, 1946.
Howaydi, Fahmi, Muwätinün lä dhimmiyyün, Cairo: Dar al-Shuriºq, 1999.
Hussain, Jamila, Islamic law and society: an introduction, Sydney: Federation
Press, 1999.
Ibn `Asäkir, `All b. al-Hassanb. HebatAlläh al-Shäfi`i, edit, Salähal-Din alMunajid, Tärikh Madinaht dimashq,Damascus:Matbü'ät al-Mujamma'
al-`Arabi, 1951.
Ibn al-`Arabi, Muhammadb. `Abd Allah,
Abkam al-Qur'än, 4 Vols, Beirut: Dar al-Kutub al-'Ilmiyyah, 1984.
Ibn al-Athir, Muhammadb. Muhammadb.'Abd al-Karim, (1160-1233),
Al-Kämilfl al-Tärikh, 9 vols, Cairo: Iddratal-Tibä'ah al-Muniriyyah, 1349A.H.
Ibn al-Jawzii, AbU al-Faraj `Abd al-Rahmän b. `Ali,
Zäd al-Mash fi `ilm al-Tafsir, 8 Vols, ed. Ahmad Shams al-Din, Beirut: Dar
al-Kutub al-'Ilmiyyah, 2002.
Ibn `Atiyyah, `Abd al-Hagq b. Ghälib, AI-Muharrar al-wajiz ft tafsiir al-Kitäb al`Aziz. 6 Vols, ed. `Abd al-Saläm `Abd al-Shäfi Muhammad. Dar al-Kutub al'Ilmiyyyah, 2001.
Ibn Hazm, Muhammad`Ali b. Ahmad b. Said (d.456 A. H),
Munir
A1-MuOallä, ed. Muhammad
al-Dimashqi. 11.Vols. Cairo: Idärat alMatba`ah al-Muniriyyah, 1351 A. H.
Ibn Hajaral-Haithami,Abü Al-`AbbässAhamd b. `Ali (d.974 A. H),
Tuhfat al-Muhtdj bisharh al-Minhäj, 4 Vols, ed. A. Mahmüd M 'Umar,
,
Beirut: Dar al-Kutub al-'Ilmiyyyah, 2001.
Ibn Ishäq,Abü Muhammad`Abd al-Malik b. Hishäm,
Si-rat rasül Allah, 4 Vols ed. Muhammad Muhyi
Matba`at Hijäzi, 1937.
al-Din `Abd al-Hamid, Cairo:
Ibn Kathir, Ismä'il b. `Umar b. Kathir al-Qurashi al-Demashgi,
AI-Bedäyah wa al-Nehäyah, 13 Vols, Cairo: Matba`at Dar al-Sa`ädah, 1932
Tafsir
`A1m,
Hussain
4
Vols.
Zahrän, Beirut: Dar alal-Qur'an
aledt.
Kutub al-'Ilmiyyyah, 1988.
Ibn Man4 r, Abü al-Fadl Jamäl al-Din Muhammad b. Makram, Lesän
al-'Arab 15 Vol,
Beirut: Dar Säder;Dar Beirut, 1955.
280
(648-726/1250-1325)
Bakr,
b.
Abü
Muhammad
Qayyim
Ibn
al-Jawziyyah,
2.2
Vol.!,
Sa`d.
Taha
`Abd
vols.
Edit.
al-Ra'üf
Ahkäm ahl al-Dhimmah.
Beirut: Dar al-Kutub al-'Ilmiyyah, 1995.
Year
of
Al-Matba'at
Cairo:
Vols,
maktabatohä,
2
wa
`äd,
al-Misriyyah
Zdd
al-Ma
is
publication not mentioned.
(541b.
Ahamad
Allah
`Abd
al-Magdisi
Ibn Qudämah,Abü Muhammad
620/1147-1223), AI-Moghni, 15 Vols. Edited by Dr. `Abd Allah `A. al-Turk
H1419A.
XIII.
Saudi
Arabia:
Vol.
9,
M
and Dr. `Abd al-Fattäh al-Hulw
1999A.D.
)
(1336-1393.
b.
Ahmad,
`Abd
Ibn Rajab,
al-Rahman
Al-Istikhräj li ahhkäm al-Kharäj, edt, `Abd Allah al-$iddiq.
Beirut: Dar al-Hadäthah, 1982.
b.
b.
Rushd
Abmad
b.
Muhammad
b.
Abmad
Muhammad
Ibn Rushd,
Prof.
Trans,
Nehäyat
Bedäyat
Qurtubi,
al-Mugta$d,
Alal-Mujtahid wa
2000.
Garnet
Beirut:
M.
'Abd
Ed.
Prof.
Khan,
publishing
ImranAhsan
al-Ra'üf,
Ibn Sa'd, Muhammad b. Sa'd b. Mani` al-Häshimi al-Basri,
A1-Tabag4tal-Kubrä, 9 Vols, ed. Muhammad `Abd al-Qädir `Ata,
Beirut: Där al-Kutub al-`Ilmiyyyah, 1997.
Ibn Zabr, al-Qädi Abü Muhammad`Abd Allah b. Ahmad
Shurütal-Nasärä, Manuscript 3952 Tärikh, Cairo: Där al-Kutub al-MiSriyyah.
d.
251
248
b.
Qutaybah
Humayd
b.
Makhlad
Zanjowayh
Zanjowayh,
or
Ibn
al-Azdi
A.H A1-.4mwäl,
,
http://www. sonnh.com/BookTabweeb.aspx?RootID=163603,7/04/2004.
Ibn Warraq, The origins of the Qur'an, New York: Prometheus Books, 1998.
Iqbal, Afzal, The Prophet's diplomacy: the art of negotiation as conceived and
developedby the Prophet of Islam, Cape Cod, Mass : C. Stark, 1975.
Islam: an essayon the art of negotiations as conceived and
in
Diplomacy
developedby the Prophet of Islam, Lahore : Institute of Islamic centre,
1977.
Jawhari, Tantäwi, al-Jawähir ft tafsir al-Qur'an al-Karim, 25 Vols, Cairo: Matba'at
Mustafa al-Bäbi al- Halabi wa awlädih, 1350 A. H.
Johansen,Baber, Contingency in a sacred law: legal and ethical norms in the
Muslim fiqh, Leiden: Brill, 1999.
law on land tax and rent, London: Croom Helm, 1998.
Islamic
-The
Juynboll, Gautier H. A,
Theauthenticityof the tradition literature: discussionsin modernEgypt,
Leiden : E. J. Brill, 1969.
Islam,
9:
878,
Leiden:
J.
Brill,
E.
1997.
the
encyclopaedia
of
new
edition,
-In
281
K. J.Asali, Jerusalem in history,New York: Olive Branch P., 1990.
Kamali, Mohammad Hashim,Principles of Islamic jurisprudence, Cambridge:
Islamic Texts Society,1991.
Katsh, Abraham Isaac,Judaismand the Koran : Biblical and Talmudic backgrounds
1962.
A.
S.
Barnes,
New
York
Koran
its
the
:
of
and commentaries,
Khadduri, Majid, Islamic Jurisprudence,Shdfi i resälah / trans. Majid
Kahadduri, Baltimore: JohnsHopkins Press, 1961.
1955.
Hopkins
Press,
Johns
Baltimore:
law
Islam,
in
the
of
--War and peace
Khalil, 'Emäd al-Din, Derdsah ft al-Sirah, Beirut: Dar al-Nagqäsh, 1978.
Lane, Edward William, Arabic-English lexicon., derived from the best and the
first
books:
in
the
two
containing all the
most copious easternsources:
classical words and significances ... the second those that are of rare
Ungar
New
York:
Frederick
known.
8
occurrence and not commonly
vols.
Publishing Co, 1863-1885.
Läshin, Mahmüd al-Mursi, al-Tanzfm al-muhäsabi li alAmwäl al-`Ämmahft alDawlah al-Islämiyyah,Beirut: Dar al-Kitäb al-Lebnäni,1977.
Levy, Reuben, The social structure of Islam: being the second edition of the
sociology of Islam, Cambridge : Cambridge University Press, 1957.
Lewis, Bernard,TheJews of Islam, Princeton,N.J: PrincetonUniversity Press,1984.
LOkkegaard, Frede, Islamic taxation in the classic period, Copenhagen:
Branner & Korch, 1950.
Lüga,Nazami,`Umar Ibn al-Khattäb
al-Batal wa al-Mathal wa al-Rajul, Cairo:
MaktabatGharib 1983.
,
Majdaläwi, S. Färüq, Islamic
administration under 'Umar b. al-Khat. äb,
Amman: Majddalawi Masterpieces
publications, 2002.
Majlisi, M, Bägir, Bihar
al Anwar al-Jämi'ah li durar akhbdr al-'A'immah alAthdr, Beirut: Mu'assasat
al-Risalah, 1983.
Malik, b. Anas b. Malik, Al-Mudawanah
4 vols, place, publisher,
al-Kubrd,
date are not mentioned.
Mannan, Muhammad Abdul, Islamic
Boulder:
theory
economics:
and
practice,
Westview Press, 1987.
282
Margoliouth, D. S,
in
delivered
the
lectures
Mohammedanism
development
The early
:
of
University of London in May and June, 1913,London: Williams and
Norgate, 1914.
1999.
Curzon,
Richmond:
disbelievers,
Muhammad,
God,
Marshal David,
and the
Maudüdi, Sayyid Abü al-A`1ä,
Human rights in Islam, Leicester : Islamic Foundation, 1976
Islamic
in
of
state
non-Muslims
-Rights
Foundation,
Islamic
Leicester:
3
Vols,
Qur'an,
the
-Towards understanding
1976.
-
The Islamic law and constitution, Lahore: Islamic Publications, 1960.
Mcauliffe, J Dammen, Encyclopaedia of the Qur'an, 4 Vols, Leiden: Brill, 2004.
Microsoft® Encarta® Encyclopaedia 99. © 1993-1998 Microsoft Corporation
Moinuddin, Hassan,The charter of the Islamic Conference and legal framework
of economic co-operation among its memberstates: a study of the charter,
the General agreementfor economic, technical, and commercial coClarendon
Oxford
for
Agreement
:
operation and the
promotion, protection,
Press; New York: Oxford University Press, 1987.
Motzki, Harald, Hadith: origins and developments,Aldershot : Ashgate, 2004.
Muhammad, Qutb Ibrdhim, Al-Siyasah al-Mäliyyah li 'Umar Ibn al-Khatpb, alHay'ah al-Misriyyah al-'Amah li al-Kitäb, 1984.
Muhibu-Din, A. M, Principles of Islamic polity towards ahl al-Kitäb and
No.
1.
April
24,
Vol.
Muslim
Journal
minority affairs,
of
religious minorities,
2004, Abingdon: Carfax, 2004
Muir, William, The life of Mahometfrom original sources, London : Smith,
Elder, 1877.
Smith,
Elder,
&
London:
from
Caliphate:
sources,
original
the
early
of
---Annals
co, 1883.
Müller, F. Max, Sacred books of the East, Oxford: Clarendon Press, 1880.
Nöldeke, Theodor, Sketchesfrom Eastern history, Trans. John Sutherland
Black, London; Edinburgh, Adam and Charles Black, 1892.
Oxford dictionary of world religions,
Ed. John Bowker, Oxford : Oxford University Press, 1997.
Parrinder, Geoffrey, Jesus in the Qur'an, London: Faber and Faber, 1965.
Peters,F.E, Children of Abraham Judaism/ Christianity/Islam, New Jersey:
Princeton, Princeton University press, 1982.
283
City
Holy
in
the
the
eyes
of
chroniclers,
visitors,
pilgrims,
and
-Jerusalem:
Prophetsfrom the days of Abraham to the beginnings of modern times,
Princeton : Princeton University Press, 1985.
Muslims
Christians,
in
Jews,
The
and
conflict and competition,
monotheists:
Princeton, N. J.; Oxford: Princeton University Press, 2003.
Pipes, Daniel, In the path of God, New York: Basic Books, Inc., Publishers,
1983.
Qäsim, `Abdü Qasim, Ah! al-Dhimmah fI mist, Cairo: Matäbi` Zamzam, 2003.
Qäsim, `Awn al-Sharif, Diblomäsiyyat Muhammad, diräsah fi nash'at alDawlah al-Islamiyyahft daw'rasä'il al-Nabü wa mu'ähadätihi, Khartoum:
Jämi`at al-Khartoum, 1972
Ramadan,H. `Abd A1-`Azim,Al-Yahüdji mi cr al-Isl ämiyyah,Cairo: Matäbi`
al-Hay'aha1-Misriyyahal-'Amah li al-Kitäb, 2002.
Ramadan, Said, Islamic law, its scope and equity, London; Geneva: P. R. Macmillan:
London, Geneva, 1961.
Rida, Muhammad Rashid (1865-1935 AD), Tafsir al-Qur'an al-Hakim alMashhür bi tafsir al-Manär, 12 Vols, edt. Ibrahim Shams al-Din, Beirut: Dar
al-Kutub al-` Ilmiyyyah , 1999.
Ridgeon, Lloyd, Islamic interpretations of Christianity, Richmond: Curzon,
2000.
Rippin, Andrew, The Qur'an: formative interpretation, Aldershot : Ashgate,
1999.
Robinson, Neal, Discovering the Qur'an :a contemporary approach to a veiled
Text, London: SCM Press, 1996.
Sürat
'Imrän
äl
and those with the greatest claim to Abraham, Journal of
Qur'anic studies,Vol. VI, Issue PP.1-21, Edinburgh: Edinburgh University
Press,2004.
Rodinson,Maxime,Mohammed,New York: PantheonBooks, 1971.
Rodwell, J. M, The Qur'an tr. from the Arabic by J.M. Rodwell, London: Dent,
1909.
Runciman, Steven, Byzantine civilisation, London: E. Arnold &
co., 1933.
S. KhudaBukhsh,The Orient underthe caliphs, Calcutta:University
of
Calcutta,1920.
Samin, Ahmad b. Yüsuf al-Halabi, `Umdat al-Huf z fi tafsir
ashraf al Adz:
Vols,
lughawi
li
jam
mu
al-Filz al-Qur'an al-karim, 4
ed.Muhammad Bäsil,
Beirut: Där al-Kutub al-`Ilmiyyyah, 1996.
284
Sa`di, `Abd Allah Jam`än Said, Fiscal policy in the Islamic state: its origins
Lyme:
Books,
1986.
Newcastle
Lyme
under
relevance,
and contemporary
San`äni, Muhammad b. Ismä'i1, Subul al-Saläm: sharp bulügh al-Maräm min
jämi ` adillat al Ahkäm, 4 Vols. edt. Muhammad `Abd a1-Q5dir Ahmad
`Atä, Beirut: Dar al-Kutub al-`Ilmiyyyah 2002.
,
Sarakhsi,Muhammad b. Ahmad, Usül Al-Sarakhsi, 2 Vols, edt. Abü Al-Wafa
1993.
Dar
Beirut:
al-'Ilmiyah,
al-Kutub
al-Afghani,
Schacht,Joseph, The origins of Muhammadanjurisprudence, Oxford: Clarendon Press,
1950.
Shibli, Muhammad,Numani, Omar the great, 2 Vols, Trans.Maulänä Zafar
`Ali Khan, Lahore:Sh. MuhammadAshraf, 1962-1966.
Shümän,`Abbäss`Abd Alläh, Al-'11äqäal-Dawliyyahfi al-Sharä'ah alIslämiyyah,Cairo: al-Där al-Thagäfiyyahli al-Nashr,1998.
Siddiqi, Mazheruddin, Development of Islamic state and society,
Lahore: Institute of Islamic Culture, 1956.
Siddiqi, S. A, Publicfinance in Islam, Lahore:M. Ashraf, 1948.
Siddiqi, Amir Hasan, Non-Muslims under Muslim rule and Muslims under nonMuslim rule, Karachi: Jamiyatul Falah Publications, 1969.
Stanton, H. U. Weitbrecht 1851-1937.
The teaching of the Qur'an : with an account of its growth and a subject
index, London : Central Board of Missions and Society for Promoting
Christian Knowledge, 1919.
Subhäni, Ja'far, Doctrines of Shi `i Islam: a compendium of Imami beliefs
and practices, London : I. B. Tauris in association with the Institute of
Ismaili Studies, 2001.
Tabätabä'i,H. Modaressi,Kharäj in Islamic law, London: Anchor PressLtd,
1983.
Tagher, Jaques, Christians in Muslim Egypt: an historical study of the
relations
betweenCopts and Muslims from 640 to 1922, Altenberge: Oros, 1998.
Tantawi, M. Sayyed, Banü Isräil ft al-Qur'an al-Karim, Cairo: Dar
al-Shurüq, 1997.
Tibawi, `Abd al-Latif, Jerusalem its place in Islam
and Arab history, Beirut:
Institute for Palestinian studies, 1969.
Tolan, John V, Saracens: Islam in the Medieval European imagination, New
York: Columbia University Press, 2002.
285
Tottoli, Roberto, Biblical prophets in the Qur'an and Muslim literature,
Richmond: Curzon, 2002.
Tritton, A. S, Islam: belief and practices, London; New York: Hutchinson's
University Library, 1951.
The
their
the
subjects:
non-Muslim
a
critical
caliphs
and
study
of
Covenant of 'Umar, London: Cass, 1970.
Turner, Colin Paul, Islam without Allah? The rise of religious externalism in
Safavid Iran, Surrey: Curzon Press,2000.
Safavid
Shi'ite
in
Iran
Twelver
its
externalism
rise
of
and
consolidation
-The
(1037/1627-1110/1699),
Majlisi
Baqir
Durham:
Muhammad
Allama
under
1989.
Iman,
fagih
Islam,
the
terms
of
:a
reconsideration
and
ubiquitous
-The
'ilm and their role in the rise to predominance of thejurist in the Islamic
Durham,
University
Centre for Middle
learning,
Durham
:
of
world of
Eastern and Islamic Studies, 1996.
U. Rubin, Thelife of Muhammad,Aldershot:AshgateNariorum, 1998.
R.Vasmer,In the Encyclopaediaof Islam, 11:319-320,Leiden: E.J.Brill, 1965.
Von Denffer,Ahmed, Christians in the Qur'an and the Sunna,Leicester:
(London)Islamic Foundation,1987
Waardenburg,Jacques,Muslim perceptions of other religions (A historical
survey), New York; Oxford: Oxford University press, 1999.
Watt, W. Montgomery, Muslim-Christian encounters,London: Routledge,
1991.
Mecca,
Oxford:
Clarendon,
1953.
at
-Muhammad
Medina,
Oxford:
Clarendon,
1956.
at
-Muhammad
Qur'an,
Edinburgh:
T.
introduction
&A.
Constable
to
Ltd, 1970.
the
-Bell's
Ye'Or, Bat, The dhimmi, Jews and Christians under Islam, NJ: Associated
University Press, 1985.
Zaidän, `Abd al-Karim, Ahkäm al-Dhimmiyyin wa al-Musta'manin fi dar
alIsläm, Baghdad: Baghdad University press, 1963.
Zebiri, Kate, Relations between Muslims and non-Muslims in the thought
of
Western-educatedMuslim intellectuals, Islam and Christian-Muslim
relations, Vol. 6, No. 2, pp.255-278, London: Centre for the study of Islam
and Christianity, 1995.
CD-Roms:
EncyclopaediaBritannica,Millennium edition..
286
Encyclopaedia of Islam, University of Durham.
Harf Encyclopaedia of the holy Hadith, Version 2.1, Cairo: Harf information
Technology Company, 2001.
Digital libraries:
http://fegh.al-islam.com
htti: //www.alazhr.org
http://www. aleman.com
http://www. alwarag.com
http://www.islamweb.net
Internet:
http://www. Al-shia. com
http://www. dawn.com
http://www. dawoodi-bohras.com/perspective/ego.
287
