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[[File:Umar's_covenant.jpg|link=|right|thumb|227x227px]] | |||
According to many Muslim historians,<ref>These include: al-Khallal (d. 923 AD), Ibn Hazm (d. 1063 AD), al-Tartushi (d. 1126 AD), Ibn Qudama (d. 1123 AD), Ibn Taymiyyah (d. 1138 AD), Ibn ‘Asakir (d. 1176 AD), Ibn al-Qayyim (d. 1350 AD), Ibn Kathir, al-Hindi and ‘Ali ‘Ajin</ref> '''the Pact of Umar''' (العهدة العمرية, Al-'Uhda Al-'Umariyya) (637 AD) is an agreement between a subdued Christian population and the Muslim invaders led by ''Umar Ibn Al-Khattab'', the second [[Rashidun Caliphs|Rightly-guided]] [[Caliph]]. | |||
The Pact of Umar laid down many of the fundamental particulars of the [[Dhimma]]''.''<ref>Paul Halsall - [http://www.fordham.edu/halsall/source/pact-umar.html The Status of Non-Muslims Under Muslim Rule]- Medieval Sourcebook, January, 1996</ref> The authenticity of the pact has been questioned by modern scholars, yet it it indisputable that it was often used as a source of Islamic jurisprudence on the matter of Christians and Jews living in Islamic lands. The rights and limitations placed on non-Muslims by Islam and, by extension, Umar's pact, still dictate how many revivalist and fundamentalist Muslims would like to see non-Muslims in Muslim society treated today. Despite these desires, no currently existing, internationally recognized state implements the stipulations of the pact. | |||
==Authenticity== | ==Authenticity== | ||
In traditional, mainstream circles, this document is and continues to be almost universally accepted as genuine by Islamic scholars. This view is echoed by some of Islam's greatest scholars and historians, including al-Khallal (d. 923 AD), Ibn Hazm (d. 1063 AD), al-Tartushi (d. 1126 AD), Ibn Qudama (d. 1123 AD), Ibn Taymiyyah (d. 1138 AD), Ibn ‘Asakir (d. 1176 AD), Ibn al-Qayyim (d. 1350 AD), Ibn Kathir, al-Hindi and ‘Ali ‘Ajin. The eighth-century Hanafi jurist, Abu Yusuf, further noted that the terms in the Pact dealing with dhimmis are clearly in agreement with the Qur'an and hadith literature. Therefore, the Pact "stands till the day of resurrection." | In traditional, mainstream circles, this document is and continues to be almost universally accepted as genuine by Islamic scholars. This view is echoed by some of Islam's greatest scholars and historians, including al-Khallal (d. 923 AD), Ibn Hazm (d. 1063 AD), al-Tartushi (d. 1126 AD), Ibn Qudama (d. 1123 AD), Ibn Taymiyyah (d. 1138 AD), Ibn ‘Asakir (d. 1176 AD), Ibn al-Qayyim (d. 1350 AD), Ibn Kathir, al-Hindi and ‘Ali ‘Ajin. The eighth-century Hanafi jurist, Abu Yusuf, further noted that the terms in the Pact dealing with dhimmis are clearly in agreement with the Qur'an and hadith literature. Therefore, the Pact "stands till the day of resurrection." | ||
Some secular scholars, and more recently, certain influential Islamic apologists, have doubted the authenticity of this document (as they also have the [[hadith]] literature and the [[Qur'an]] itself), but what has not been disagreed about is that what is described within this document was practiced by the early Muslims. For example, the use of distinguishing marks is consistent with documentary and archaeological evidence from seventh and eighth century | Some secular scholars, and more recently, certain influential Islamic apologists and reformers, have doubted the authenticity of this document (as they also have the [[hadith]] literature and the [[Qur'an]] itself), but what has not been disagreed about is that what is described within this document was practiced by the early Muslims. For example, the use of distinguishing marks is consistent with documentary and archaeological evidence from seventh and eighth century Iraq and Syria.<ref>Robinson, Chase F. - [{{Reference archive|1=http://www.ingentaconnect.com/content/brill/sho/2005/00000048/00000003/art00003|2=2012-05-14}} Neck-Sealing in early Islam] - (BRILL) Journal of the Economic and Social History of the Orient, Volume 48, Number 3, 2005 , pp. 401-441(41)</ref> | ||
{{Quote|{{citation|author=Jarbel Rodriguez|title=Muslim and Christian Contact in the Middle Ages: A Reader (Readings in Medieval Civilizations and Cultures)|publisher=University of Toronto Press|year=2015|page=2|url=https://books.google.com/books/about/Muslim_and_Christian_Contact_in_the_Midd.html?id=z3VoBgAAQBAJ|ISBN=978-1442600669}}|Some argue that the pact represents a specific treaty made between conquering Muslims and the native Christian population. On the other hand, there is strong evidence that there may have been multiple documents, all of which were called "the Pact of Umar," or that the "Pact" was simply a model treaty drawn up in early Islamic law schools.}} | |||
==Text of Pact== | ==Text of Pact== | ||
{{Quote|The Pact of Umar|In the Name of Allah, Most Gracious, Most Merciful. This is a document to the servant of Allah `Umar, the Leader of the faithful, from the Christians of such and such city. When you (Muslims) came to us we requested safety for ourselves, children, property and followers of our religion. We made a condition on ourselves that:<BR><BR> | {{Quote|The Pact of Umar|In the Name of Allah, Most Gracious, Most Merciful. This is a document to the servant of Allah `Umar, the Leader of the faithful, from the Christians of such and such city. When you (Muslims) came to us we requested safety for ourselves, children, property and followers of our religion. We made a condition on ourselves that:<BR><BR> | ||
* | *We will neither erect in our areas a monastery, church, or a sanctuary for a monk, | ||
*Nor restore any place of worship that needs restoration | |||
*Nor use any of them for the purpose of enmity against Muslims. | |||
* | |||
* | |||
*We will not prevent any Muslim from resting in our churches whether they come by day or night, | *We will not prevent any Muslim from resting in our churches whether they come by day or night, | ||
*and we will open the doors [of our houses of worship] for the wayfarer and passerby. | *and we will open the doors [of our houses of worship] for the wayfarer and passerby. | ||
| Line 20: | Line 23: | ||
*We will not allow a spy against Muslims into our churches and homes or hide deceit [or betrayal] against Muslims. | *We will not allow a spy against Muslims into our churches and homes or hide deceit [or betrayal] against Muslims. | ||
*We will not teach our children the Qur'an, | *We will not teach our children the Qur'an, | ||
* | *Publicize practices of Shirk (polytheism), | ||
* | *Invite anyone to Shirk | ||
*or prevent any of our fellows from embracing Islam, if they choose to do so. | *or prevent any of our fellows from embracing Islam, if they choose to do so. | ||
*We will respect Muslims, | *We will respect Muslims, | ||
* | *Move from the places we sit in if they choose to sit in them. | ||
*We will not imitate their clothing, caps, turbans, sandals, hairstyles, speech, nicknames and title names, | *We will not imitate their clothing, caps, turbans, sandals, hairstyles, speech, nicknames and title names, | ||
*or ride on saddles, | *or ride on saddles, | ||
* | *Hang swords on the shoulders, collect weapons of any kind or carry these weapons. | ||
*We will not encrypt our stamps in Arabic, | *We will not encrypt our stamps in Arabic, | ||
*or sell liquor. | *or sell liquor. | ||
*We will have the front of our hair cut, | *We will have the front of our hair cut, | ||
* | *Wear our customary clothes wherever we are, | ||
* | *Wear belts around our waist, | ||
* | *Refrain from erecting crosses on the outside of our churches | ||
*and demonstrating them and our books in public in Muslim fairways and markets. | *and demonstrating them and our books in public in Muslim fairways and markets. | ||
*We will not sound the bells in our churches, except discretely, | *We will not sound the bells in our churches, except discretely, | ||
*or raise our voices while reciting our holy books inside our churches in the presence of Muslims, | *or raise our voices while reciting our holy books inside our churches in the presence of Muslims, | ||
* | *Nor raise our voices [with prayer] at our funerals, | ||
*or light torches in funeral processions in the fairways of Muslims, or their markets. | *or light torches in funeral processions in the fairways of Muslims, or their markets. | ||
*We will not bury our dead next to Muslim dead, | *We will not bury our dead next to Muslim dead, | ||
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*We will not beat any Muslim. | *We will not beat any Muslim. | ||
<BR>These are the conditions that we set against ourselves and followers of our religion in return for safety and protection. If we break any of these promises that we set for your benefit against ourselves, then our Dhimmah (promise of protection) is broken and you are allowed to do with us what you are allowed of people of defiance and rebellion.'<ref>[http://www.tafsir.com/default.asp?sid=9&tid=20986 Tafsir ibn Kathir - Paying Jizyah is a Sign of Kufr and Disgrace]</ref>}} | <BR>These are the conditions that we set against ourselves and followers of our religion in return for safety and protection. If we break any of these promises that we set for your benefit against ourselves, then our Dhimmah (promise of protection) is broken and you are allowed to do with us what you are allowed of people of defiance and rebellion.'<ref>[http://www.tafsir.com/default.asp?sid=9&tid=20986 Tafsir ibn Kathir - Paying Jizyah is a Sign of Kufr and Disgrace]</ref>}} | ||
==Analysis of the Pact== | |||
{{Quote||In the Name of Allah, Most Gracious, Most Merciful. This is a document to the servant of Allah `Umar, the Leader of the faithful, from the Christians of such and such city. When you (Muslims) came to us we requested safety for ourselves, children, property and followers of our religion. We made a condition on ourselves that:}}At first reading, it may seem like this pact was drafted by the Christians themselves. However, the terms were dictated to them by Umar. This is standard procedure for agreements and contracts. This, along with the true purpose of some of its demands, are confirmed by Ibn Kathir in his widely accepted tafsir. | |||
{{ | {{Quote||Allah said, (until they pay the Jizyah), if they do not choose to embrace Islam, (with willing submission), in defeat and subservience, (and feel themselves subdued.), disgraced, humiliated and belittled. Therefore, Muslims are not allowed to honor the people of Dhimmah or elevate them above Muslims, for they are miserable, disgraced and humiliated. Muslim recorded from Abu Hurayrah that the Prophet said, (Do not initiate the Salam to the Jews and Christians, and if you meet any of them in a road, force them to its narrowest alley.) This is why the Leader of the faithful `Umar bin Al-Khattab, may Allah be pleased with him, demanded his well-known conditions be met by the Christians, these conditions that ensured their continued humiliation, degradation and disgrace.''"<ref>[http://www.tafsir.com/default.asp?sid=9&tid=20986 Tafsir ibn Kathir - Paying Jizyah is a Sign of Kufr and Disgrace]</ref>}} | ||
== | This indicates that, not only many of the demands in the pact, but also the [[jizyah]] (poll tax levied against non-Muslims) which the Christians had to pay, were primarily meant to humiliate the Christians.{{Quote||we will neither erect in our areas a monastery, church, or a sanctuary for a monk,}}This begins the first set of prohibitions, no new monasteries, no new churches, and no new sanctuaries. This prohibition still exists in various forms in many Islamic countries.<ref>There are over a million Christians in Saudi-Arabia, yet it is against the law to build churches, synagogues, and temples. Shockingly, at present there exists not a single non-Muslim place of worship in the whole of Saudi-Arabia.</ref><ref>In Indonesia, a country which is often referred to as a 'moderate' Islamic nation, it can take up to ten years to get permission to build a church, and on many occasions, only to have it retracted. - [http://www.asianews.it/index.php?l=en&art=16637&size=A West Java, the construction of the Catholic church of Saint Mary blocked] - AsiaNews, October 20, 2009</ref><ref>Only two Months after President Obama's address to the Muslim world, a Cairo university professor, rather ironically, issued a fatwa stating 'building churches is a sin,' and equated them to Nightclubs, Casinos, and Pigstyes. - Mary Abdelmassih - [http://www.aina.org/news/20090831182120.htm Building a Church is a 'Sin' Against God, Says Egyptian Muslim Council] - AINA, August 31, 2009</ref> By way of comparison, no such restrictions exist in the west, and it's hard to imagine how they could possibly even be instituted there<ref>In regards to the prohibition against non-Muslim places of worship in Saudi-Arabia, some, including the Saudi Ambassador to the US, Prince Turki Al-Faisal, compare it to that of Vatican City. Lets examine this fallacious statement. Vatican City (Stato della Città del Vaticano) comprises of 0.17 square kilometres of land within the city of Rome and is a minuscule area with a population of approximately [https://www.cia.gov/library/publications/the-world-factbook/geos/vt.html 800]. On the other hand, Saudi-Arabia, the largest Arab nation of the Middle East, is a country comprising of 2,240,000 square kilometres of land and an estimated population of 28 million. A fairer comparison would be that of Vatican city to the area surrounding the Ka'aba in Mecca, or Rome to the entire city of Mecca, or Italy to Saudi Arabia. You do not have to be a Catholic to visit Vatican City. In fact, the largest mosque in Europe is outside the Vatican's gates well within the Bishop of Rome's diocese, and there are no prohibitions inside concerning the display of non-Christian religious symbols, the carrying of Qur'ans etc., while non-Muslims are not even permitted to enter Mecca, in fact it is a punishable crime. And while no non-Muslim places of worship exist in the country of Saudi-Arabia, there are over 258 registered mosques in Italy which cater to a Muslim population of 1.2 million.</ref> The pact allowed the Christians of Syria to keep their places of worship, but with the following restriction:{{Quote||nor restore any place of worship that needs restoration}}So, no new churches for the Syrians, and the ones that did exist, they had to watch as they slowly decayed and fell into ruin. This again seems deliberately designed to reinforce the subordinate and "humiliated" state of the Christians. This helps to explain the decline of these communities from majorities to tiny minorities today<ref>"...Mass murders of Jews and deaths due to political instability did however occur in North Africa throughout the centuries and especially in Morocco, Libya and Algeria where eventually Jews were forced to live in ghettos. Decrees ordering the destruction of synagogues were enacted in the Middle Ages in Egypt, Syria, Iraq and Yemen. Jews were also forced to convert to Islam or face death in Yemen, Morocco and Baghdad at certain times. ...In 1945, there were between 758,000 and 866,000 Jews (see table below) living in communities throughout the Arab world. Today, there are fewer than 7,000. In some Arab states, such as Libya (which was once around 3% Jewish), the Jewish community no longer exists; in other Arab countries, only a few hundred Jews remain''..." - [http://en.wikipedia.org/w/index.php?title=Jewish_exodus_from_Arab_and_Muslim_lands&oldid=368760188 Jewish exodus from Arab and Muslim lands] - Wikipedia, June 18, 2010''</ref> with many of these communities now on the brink of extinction in their homeleands. {{Quote||nor use any of them for the purpose of enmity against Muslims.}}This prohibition seems self-evident on the part of the conquering religions. There may have been an element of self-reflection present here, as the khutbahs (sermons) if mosqueus have sometimes been the occasion of incitement against other religions.<ref>"''...Coptic contacts told CBN News, the Muslim mob [{{cite web|url=http://www.aina.org/news/20110304222016.htm |title=of nearly 4,000 |archiveurl=http://www.webcitation.org/query?url=http://www.aina.org/news/20110304222016.htm&date=2011-03-07 |archivedate=2011-03-07 |deadurl=no}}<!-- 26 -->] that attacked the Christians did so at the urging of Mullah Ahmed Abu El-Dabah. They said during noon prayers at his mosque last Friday, March 4, the imam told attendees the “kaffirs” (infidels) had caused a lover’s dispute that led to the death of two Muslims the day before. He allegedly incited Muslims to rid the town of all Christians....''"{{cite web|url=http://blogs.cbn.com/globallane/archive/2011/03/07/update-egypt-church-attack.aspx |title=Update: Egypt Church Attack |archiveurl=http://www.webcitation.org/query?url=http://blogs.cbn.com/globallane/archive/2011/03/07/update-egypt-church-attack.aspx&date=2011-03-07 |archivedate=2011-03-07 |deadurl=no}}<!-- 26 --> - CBN News, March 7, 2011</ref><ref>[http://www.dailymail.co.uk/news/article-1211414/Anti-fascists-clash-right-wing-protesters-Birmingham.html Violent race riot flared after mosque chief urged Muslims to confront right-wing 'English Defence League' protesters] - The Daily Mail, September 7, 2009</ref><ref>"...''November 30, 2007 in Khartoum Sudan. Ten thousand Muslims carrying swords, knives, and sticks protest, after Friday prayers, calling for the execution of a British teacher who was convicted of insulting Islam. She had allowed her students to name a teddy bear Muhammad.''..." - [[Islam and Freedom of Speech#The_Muhammad_Teddy_Bear_Blasphemy_Case|The Muhammad Teddy Bear Blasphemy Case]]</ref><ref>"...''Sheikh Tobah, Imam of the village of Shimi 170 KM south of Giza, called during Muslim Friday prayers for Jihad against Christians living there. As a result the Christian Copts living in the village were assaulted over two consecutive days. Eleven Copts were hospitalized and many Coptic youths were arrested. The assaults begain a couple of hours after the Sheikhs incitement.''..." - [http://www.aina.org/news/20100814184359.htm Muslim Cleric Calls for Jihad, Coptic Christians Attacked in Egypt] - AINA, August 14, 2010</ref><ref>"...''[In response to a planned international LGBT conference in Surabaya] A 150-strong mob attacked the lobby of the hotel after Friday morning prayers and refused to leave until the police and hotel management would guarantee that the event was cancelled. In the evening, the mob conducted a floor-by-floor sweep of the hotel, going to the rooms of the 150 conference participants from 14 countries to make sure that they had left. An organizer told Gay City News how he was repeatedly punched by one of the agitators in the hotel lobby for refusing to turn over ILGA's list of conference participants.''..." - [http://www.atimes.com/atimes/Southeast_Asia/LI23Ae01.html Glad to be gay in Indonesia] - Megawati Wijaya, Asia Times, September 23, 2010</ref><ref>{{cite web|url=http://www.israelnationalnews.com/News/News.aspx/142405 |title=Anti-Jewish Demo Raises Fears for Tunisian Jews |publisher=IsraelNationalNews |author=Maayana Miskin |date=February 18, 2011 |quote=...Dozens of Islamists demonstrated outside the synagogue last Friday and shouted, “Jews wait, the army of Mohammed is coming back,” and “We'll redo the battle of Khaybar” - a reference to the slaughter of Jews in what is now Saudi Arabia at the hands of Mohammed's army...Concern for a repeat of last Friday's threats is particularly high Friday as Muslim leaders give their weekly sermons, an event extremist preachers may take advantage of to incite against Jews.... |archiveurl=http://www.webcitation.org/query?url=http://www.israelnationalnews.com/News/News.aspx/142405&date=2011-02-19 |archivedate=2011-02-19 |deadurl=no}}</ref><ref>{{cite web|url=http://www.thejakartaglobe.com/news/mob-destroys-four-wayang-statues/466195 |title=Mob Destroys Four Wayang Statues |publisher=Jakarta Globe |author=Yuli Krisna |date=September 19, 2011 |quote=...Television station Metro TV reported that a mob coming from a post-Idul Fitri prayer at the city’s Grand Mosque was responsible for the damage. Thousands of people descended on the Comro area of the city, where they tied ropes to the statue of puppet character Gatot Kaca before trying to pull it off of its foundation. The statue finally collapsed after the rope was tied to a moving van. The crowd then targeted the statue of Semar, another puppet character situated in the Bunder area. The mob threw rocks and pulled it to the ground before hitting it with sticks and metal rods then setting it on fire. The statue of puppet character Bima in the Ciwareng area was also targeted, as was the “Welcome” statue on Jalan Gandanegara, where the Purwakarta District office is located. Both statues were also destroyed and set on fire. The mob then moved to statues depicting the twin brothers Nakula and Sadewa. Hundreds of police and army officers were already there guarding the final two statues. The mob dispersed when it started raining... |archiveurl=http://www.webcitation.org/query?url=http://www.thejakartaglobe.com/news/mob-destroys-four-wayang-statues/466195&date=2011-09-22 |archivedate=2011-09-22 |deadurl=no}}</ref><ref>{{cite web|url=http://www.aina.org/news/20110930204413.htm |title=Muslim Mob Torches Coptic Church in Egypt |publisher=AINA |date=October 1, 2011 |quote=After Friday prayers today, a mob of several thousand Muslims from the village of Elmarinab in Edfu, Aswan province, demolished and torched St. George's church, which was being renovated. The mob demolished the dome, walls and columns, then went to the church depot where the lumber to be used for construction was stored and torched it. The fire lasted 2 hours but the attack continued until 7 PM ... Muslims also torched a large depot of electrical goods owned by a Copt, a supermarket and four Coptic homes. Muslims prevented the fire brigade from entering the village. Security forces, which were present, "stood there watching," said Mr.Michael Ramzy, a social worker at the church. |archiveurl=http://www.webcitation.org/query?url=http://www.aina.org/news/20110930204413.htm&date=2011-10-02 |archivedate=2011-10-02 |deadurl=no}}</ref><ref>{{cite web|url=http://www.bloomberg.com/news/2011-04-01/afghans-protesting-florida-koran-burning-kill-8-un-workers-3-.html |title=Afghans Protesting Florida Koran Burning Kill 7 UN Workers |publisher=Bill Varner, Bloomberg, April 1, 2011 |quote=Afghans protesting the burning of a Koran in Florida last week stormed a United Nations compound in the northern city of Mazar-e-Sharif and killed four Nepalese security guards and three other workers from Norway, Romania and Sweden, the UN said. The crowd emerged from the city’s main mosque after Friday prayers and marched on the UN office where they attacked the guards with knives, seized their weapons and entered the compound, Lal Mohammad Ahmadzai, a spokesman for the northern region’s police force, said by phone. The Nepalese guards were shot or stabbed to death and a man and a woman on the UN staff were beheaded, the spokesman said. |archiveurl=http://www.webcitation.org/query?url=http://www.bloomberg.com/news/2011-04-01/afghans-protesting-florida-koran-burning-kill-8-un-workers-3-.html&date=2011-04-02 |archivedate=2011-04-02 |deadurl=no}}</ref> This is perhaps less surprising when one considers that in Muhammad's time, the call to prayer was also used as a call to war.<ref>“...''the Messenger of Allâh immediately summoned the prayer caller and ordered him to announce fresh hostilities against Banu Quraiza,''....” - [http://www.witness-pioneer.org/vil/Books/SM_tsn/ch4s10.html Invading Banu Quraiza] - AR-Raheeq Al-Makhtum by Saifur Rahman al-Mubarakpuri</ref>{{Quote||We will not prevent any Muslim from resting in our churches whether they come by day or night, and we will open the doors [of our houses of worship] for the wayfarer and passerby.}}This again reinforces the subbordinate position of the Christians; even their houses of worship must in some way serve the Muslims. {{Quote||Those Muslims who come as guests, will enjoy boarding and food for three days.}}Again, Christians are forced into a subservient position before their new Muslim overlords, literally treaty-bound to serve them. {{Quote||We will not allow a spy against Muslims into our churches and homes or hide deceit [or betrayal] against Muslims.}}This condition speaks to the mindset of the conquerers, seeing their religion and military endeavours as intertwined. {{Quote||We will not teach our children the Qur'an,}}Non-Muslims are considered ''najis'' (نجس impure) like dogs, pigs, and faeces,<ref>(Asad) "O YOU who have attained to faith! Those who ascribe divinity to aught beside God are nothing but impure: and so they shall not approach the Inviolable House of Worship from this year onwards And should you fear poverty, then [know that] in time God will enrich you out of His bounty, if He so wills: for, verily, God is all-knowing, wise!" - Qur’an 9:28</ref><ref>The following ten things are essentially najis [impure, unclean]: 1. Urine 2. Faeces 3. Semen 4. Dead body 5. Blood 6. Dog 7. Pig 8. Kafir [unbeliever] 9. Alcoholic liquors 10. The sweat of an animal who persistently eats najasat - [http://web.archive.org/web/20100119121959/http://www.sistani.org/local.php?modules=nav&nid=2&bid=59&pid=2857 <!-- http://www.webcitation.org/query?url=http%3A%2F%2Fweb.archive.org%2Fweb%2F20100119121959%2Fhttp%3A%2F%2Fwww.sistani.org%2Flocal.php%3Fmodules%3Dnav%26nid%3D2%26bid%3D59%26pid%3D2857&date=2012-01-25 -->Islamic Laws : Najis things » Introduction] - Al-Sistani.org, Internet Archive capture dated January 19, 2010</ref><ref>“...And, that they [the dhimmis] should not enter the pool while a Muslim is bathing at the public baths. ...It is also incumbent upon Muslims that they should not accept from them victuals with which they had come into contact, such as distillates, which cannot be purified. If something can be purified, such as clothes, if they are dry, they can be accepted, they are clean. But if they [the dhimmis] had come into contact with those clothes in moisture they should be rinsed with water after being obtained. ...It would also be better if the ruler of the Muslims would establish that all infidels could not move out of their homes on days when it rains or snows because they would make Muslims impure...” - Muhammad Baqir Majlesi (1616 – 1698 AD) - Lightning Bolts Against the Jews</ref> so this taboo on handling the Quran seems logical. Also recorded in the [[sahih]] [[Hadith|hadiths]], is the command to not let the [[Qur'an]] fall into enemy hands, as they may "quarrel with you over it."<ref>"''It has been narrated on the authority of Ibn 'Umar that the Messenger of Allah (may peace be upon him) said: Do not take the Qur'an on a journey with you, for I am afraid lost it should fall into the hands of the enemy. Ayyub (one of the narrators in the chain of transmitters) said: The enemy may seize it and may quarrel with you over it.''" - {{Muslim||1869b|reference}}</ref> This speaks to some attempts by the conquerers to keep their religion mysterious to the conquered people, which is confirmed by some of the confused early reports on the religion by the conquered people themselves. {{Quote||[We will not] publicize practices of Shirk,}}''Shirk'' (شرك) refers to taking other gods besides Allah (i.e. Polytheism), and is considered the most heinous crime against the Islamic god. Perhaps due to Muhammad's flawed understanding of the Trinity doctrine,<ref>Muhammad assumed that the Trinity consisted of the Father (God), the Mother (Virgin Mary) and the Son (Jesus). | ||
"''And behold! Allah will say: "O Jesus the son of Mary! Didst thou say unto men, ‘Take me and my mother for two gods beside Allah?" He will say: "Glory to Thee! Never could I say what I had no right (to say). Had I said such a thing, Thou wouldst indeed have known it. Thou knowest what is in my heart, though I know not what is in Thine. For Thou knowest in full all that is hidden.''" {{Quran|5|116}}</ref> Muslims consider all Trinitarian Christians to be polytheists. This condition in the pact prevents Christians from proclaiming their religion publicly.{{Quote||[We will not] invite anyone to Shirk or prevent any of our fellows from embracing Islam, if they choose to do so.}}As per most hte laws of Islamic nations of today, it is permitted for Muslims to proselytize and gain converts, but for a non-Muslim to do the same it is strictly forbidden. According to the above, even discussing this important matter with the prospective convert would mean violating the agreement. These restrictions limited the number of Muslim apostates and (coupled with the jizyah)<ref>Non-Muslims paid jizyah while Muslims, under the empire, paid a tax called zakat, one of the five pillars of Islam, a so-called "charity tax" which all Muslims are obligated to pay even today, but instead of paying it to the state they now pay zakat to charities of their choice, it must be noted that the majority of Islamic scholars are of the view that non-Muslims [http://www.islamicawakening.com/viewarticle.php?articleID=984 should not benefit] from this alms giving. The zakat is a 2.5% tax, while the jizyah (which can vary) is about a 10% income tax (although it has been known to be as [http://www.rightsidenews.com/201001278391/editorial/the-islam-tax.html high as 50%]); as explained in the Encyclopedia Britannica entry on jizyah, "[http://concise.britannica.com/ebc/article?tocId=9368576 many converted to Islam in order to escape the tax.]" This extra revenue generated by the jizyah may have also been reason enough for the Islamic authorities to avoid heavy-handed attempts at proselytization and in some cases the taxation of the non-Muslims was so profitable that the Islamic rulers went so far as to prohibit their subjects from converting to Islam.</ref> would ensure a steady decline and long-term Islamization of the native non-Muslim population.{{Quote||We will respect Muslims,}}Again, respect is demanded from the subordinated conquered people but not necessarily given back in return.{{Quote||[We will] move from the places we sit in if they choose to sit in them.}}This is reminiscent of other discriminatory legal codes through history, such as the Jim Crow laws in the US South following the Civil War until the passage of the US Civil Rights Act. This type of de jure discrimination again contributes to the pressure on the non-Muslims to convert to Islam, again hastening the Isl{{Quote||We will not imitate their clothing, caps, turbans, sandals, hairstyles, speech, nicknames and title names,}}This stipulation seeks to create visible (and humilitating) distinctions between Muslims and non-Muslims. These prohibitions find precedent in the sunnah of Muhammad when he said "Jews and Christians do not dye their hair so you should do the opposite of what they do,"<ref>"''Narrated Abu Huraira : The Prophet said, "Jews and Christians do not dye their hair so you should do the opposite of what they do.''" - {{Bukhari|||5899|darussalam}}</ref> and "act differently from them".<ref>"''Narrated Ubadah ibn as-Samit: ''The Apostle of Allah (peace be upon him) used to stand up for a funeral until the corpse was placed in the grave. A learned Jew (once) passed him and said: This is how we do. The Prophet (peace be upon him) sat down and said: Sit down and act differently from them.''" - {{Abu Dawud||3176|darussalam}}''</ref>{{Quote||or ride on saddles,}}Again this stipulation creates a visible and humiliating reminder of the difference between Muslims and non-Muslims, this time forces non-Muslims to forego the use of transportation technology, making their rides more difficult and uncomfortable while visibly seperating them from Muslim riders. {{Quote||[We will not] hang swords on the shoulders, collect weapons of any kind or carry these weapons.}}Apologists often claim [[Jizyah]] was merely a tax for exemption from military service. However, this is untrue. The Qur'an itself readily admits that the jizyah is a form of humiliation,<ref>"SHAKIR: Fight those who do not believe in Allah, nor in the latter day, nor do they prohibit what Allah and His Messenger have prohibited, nor follow the religion of truth, out of those who have been given the Book, until they pay the tax in acknowledgment of superiority and they are in a state of subjection." - {{Quran|9|29}}</ref> meant to display the superior status of Muslims and the subdued state of non-Muslims. This prohibition stresses the basically non-martial and non-threatening existence of the dhimmi in the Muslim polity. {{Quote||We will not encrypt our stamps in Arabic,}}Despite the language's ancient, human origins, Islam teaches a special reverence for the Arabic language that borders on its veneration for the Kaaba (which was likewise a pagan shrine) and Muhammad. This stipulation also further visualizes the difference between Muslims and non-Muslims in everyday life. {{Quote||or sell liquor.}}This is in line with the Qur'an's prohibition of [[alcohol]], regardless of the customs of the dhimmis which usually allow it. {{Quote||We will have the front of our hair cut, wear our customary clothes wherever we are,}}Again, this stipulation creates a visible difference between Muslims and non-Muslims in everyday life. {{Quote||[We will] wear belts around our waist,}}The belt being referred to is the [[Zunar|zunār]], a wide belt made of cloth. The similarities between this and the 1939 Nazi requirement for all Jews to wear armbands or [[Yellow Badge|yellow stars]] are apparent In fact, the yellow star used by the Nazis as a badge of shame against the Jews was first introduced by a caliph in Baghdad in the 9<sup>th</sup> century, and spread to the West in medieval times.<ref>Bernard Lewis - [http://press.princeton.edu/titles/1434.html The Jews of Islam] - Princeton University Press, Jun 1, 1987, pp. 25-26.</ref> {{Quote||refrain from erecting crosses on the outside of our churches}}This prohibition reflects the violence opposition in Muslim religious literature to the cross and the idea of Jesus even being crucified, which many Muslims saw as the pinnacle of Christian shirk. Muhammad himself used to destroy anything in his home which bore the Christian symbol of the Cross.<ref>"''Narrated 'Aisha: ''I never used to leave in the Prophet house anything carrying images or crosses but he obliterated it.''" - {{Bukhari|||5952|darussalam}}''</ref>{{Quote||and [refrain from] demonstrating them and our books in public in Muslim fairways and markets.}}Carrying a Bible, or wearing a cross/crucifix was strictly forbidden; only outward displays of Muslim faith like tasbih, taqiyahs (Muslim skull caps) and hijabs were allowed. Again, the supremacy of Islami is affirmed visually in everyday symbols. {{Quote||We will not sound the bells in our churches, except discretely,}}In stark contrast to the struggles of Muslims to broadcast the ''call to prayer'' (أَذَان adhān) openly and loudly in non-Muslim countries, which continues for up to half an hour,<ref>"The beautiful waning full moon light filtering through the glistening leaves of the Maha Bodhi Tree, the soft fluttering of the leaves, the serene quiet, took me back to that time long ago when the Buddha himself had sat very near this same exact spot. Or so I thought……. The mussein’s call to prayer for the faithful of Islam, here in this most sacred location to all of Buddhism, ripped me back to modern reality. I was stunned! How could this be? Here in one of the most significant spots of Buddhism, loud speakers come on at four in the morning every day, to shock and intrude upon meditators and Buddhist practitioners using this spot for that which it has to offer in its most special way? How could this be allowed?" - [http://97.74.65.51/readArticle.aspx?ARTID=26040 Islam's War Against Buddhism] - Dhamma jarat, FrontPageMagazine, April 04, 2007</ref> the Pact of Umar harshly restricts the rights of the dhimmis to broadcast their own religious rituals via auditory methods. Again, Islam is given open supremacy while the religion of the dhimmis is surpressed and kept out of sight/hearing. {{Quote||or raise our voices while reciting our holy books inside our churches in the presence of Muslims,}}Once again the pact serves to silence and humble the dhimmis in front of their social betters. {{Quote||nor raise our voices [with prayer] at our funerals,}}Dhimmis were even compelled to mourn in silence, lest they offend the Muslim invaders.{{Quote||or light torches in funeral processions in the fairways of Muslims, or their markets.}}This, and many of the other restrictions, seem to serve only two purposes. The first, to humiliate, and the second, to make the dhimmi community(ies) invisible. {{Quote||We will not bury our dead next to Muslim dead,}}According to most Islamic scholars, it is a compulsory ([[fard]]) requirement for Muslims to be buried in separate cemeteries from non-Muslims.<ref>"Praise be to Allaah. The deceased Muslims must be buried in a graveyard that is exclusively for them. It is not permissible to bury them in non-Muslim graveyards. Imaam al-Sheeraazi said in al-Muhadhdhab: “A non-Muslim should not be buried in the Muslim graveyard and a Muslim should not be buried in a non-Muslim graveyard.” Imaam al-Nawawi said in al-Majmoo’: “Our companions (may Allaah have mercy on them) agreed that a Muslim should not be buried in a non-Muslim graveyard and a non-Muslim should not be buried in a Muslim graveyard.” From this it is clear that there has to be a place that is exclusively for the burial of Muslims in a graveyard of their own. And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace." - [http://www.islam-qa.com/en/ref/7866 Burying Muslims in a non-Muslim country - Fatwa No. 7866] - Islam Q&A</ref> Just by way of example, in Switzerland, Muslims (approximately 4.5 percent of the population) say they want to be buried “with dignity”<ref>"An umbrella group for Swiss Muslims says they should be able to be buried “with dignity” and is therefore calling for Islamic cemeteries in every Swiss canton. Farhad Afshar, president of the Coordination of Islamic Organisations in Switzerland, told the Sunday newspaper Sonntag he was preparing a legal case concerning freedom of religion. He said that following the Bernese commune of Köniz’s recent rejection of a separate burial ground for Muslims, a legal ruling was necessary so that “the next time someone says no [to an Islamic cemetery] they are violating freedom of religion”. Islamic law says Muslims should not be buried with those of a different faith – something already possible in some Swiss cities, for example Zurich, Bern, Basel and Geneva." - [http://www.swissinfo.ch/eng/politics/Muslims_want_Islamic_cemeteries_in_every_canton.html?cid=8477966 Muslims want Islamic cemeteries in every canton] - Swiss Info, March 14, 2010</ref> and are therefore calling for Islamic cemeteries in every canton. This burial requirement is perhaps explained by the Islamic teachings that non-Muslims are ritually [Najis] or unclean. {{Quote||or buy servants who were captured by Muslims.}}This was most likely to prevent free dhimmis from buying enslaved co-religionists in order to set them free.{{Quote||We will be guides for Muslims and refrain from breaching their privacy in their homes.}}For a dhimmi to enter a Muslim home could mean violating the pact, but there is no similar regulation against Muslims violating the privacy and property of non-Muslims. The unilateral nature of Islam's relationship with religious minorities again raises the status of Muslims and humbles that of the dhimmis. {{Quote||We will not beat any Muslim.}}Assaulting someone would already be an offense, and, indeed, this prohibition only applied to beating someone in self-defense. The jurists ruled, though, that non-Muslims were not allowed to defend themselves or their families against unwarranted attacks. This and the previous prohibition against owning or carrying weapons made sure that dhimmis were left completely defenseless. Again, Muslims get rights and privileges refused to the dhimmis. {{Quote||These are the conditions that we set against ourselves and followers of our religion in return for safety and protection. If we break any of these promises that we set for your benefit against ourselves, then our Dhimmah (promise of protection) is broken and you are allowed to do with us what you are allowed of people of defiance and rebellion.}}The closing of the pact leaves not only the solitary law breaker, but the entire Christian community with a stern warning. The Qur'an tells us for people who rebel, there is a painful doom.<ref>"PICKTHAL: The way (of blame) is only against those who oppress mankind, and wrongfully rebel in the earth. For such there is a painful doom." - {{Quran|42|42}}</ref> If the dhimmis violate the pact, the "protection" offered them by their dhimmitude ceases, and jihad may commence once again. | |||
==Conclusion== | |||
Although from the perspective of contemporary Middle Eastern regimes the strictures of the Pact of Umar were unremarkable insofar as they reflected the religious intolerance of the age, their enduring usage in Islamic fiqh highlights the incompatability of traditional Islamic shari'ah with modern liberalism, which seeks a state without any such discriminatory laws. While modern liberalism grants complete freedom of belief, the Pact of Umar codifies religious segregation and oppression. | |||
According to Islamic theology, Umar is one of four 'Rightly-guided' Caliphs. Therefore, he is considered by them to be a model Muslim leader.<ref>"...''Sayyiduna Abu Bakr, Sayyiduna Umar Al Farouq, Sayyiduna 'Uthman Ghani and Sayyiduna Ali (radi Allahu anhumul ajma'in) were the consecutive successors of Sayyiduna Rasoolullah (sallal laahu alaihi wasallam). These four Khulafaa (pl. for Caliph) are called the "Khulafaa-e-Rashidun" or the "Rightly Guided Caliphs." Together, these four Khulafaa ruled the Islamic State for about 29 years. They are called "Rightly Guided" because they ruled the people of that time exactly according to the Holy Quran and the commands of Sayyiduna Rasoolullah (sallal laahu alaihi wasallam).''..." - [http://www.sunniessentials.net/islam/introduction/Personalities_Caliphs.pdf The Four Rightly-Guided Caliphs of Islam]</ref> His actions and this pact reflect the teachings of the Qur'an, Hadith, and scholarly consensus<ref>"...''The terms in the Pact of Omar for dealing with dhimmis are clearly in agreement with the sanction of Allah [Quran 9:29] and prophetic tradition. Therefore, the Pact of Omar, wrote Abu Yusuf, the great eighth-century Hanafi jurist, ‘stands till the ay of resurrection.’ ''..." - M. A. Khan - "[http://www.amazon.co.uk/Islamic-Jihad-Conversion-Imperialism-Slavery/dp/1440118469 Islamic Jihad: A Legacy of Forced Conversion, Imperialism, and Slavery]" - p. 106, Universe Inc., New York, Bloomington</ref> (together forming Islamic sacred law, or [[Sharia]]). | |||
The pact of Umar is a document with a complicated history and patchy record of implementation. Used for generations of Muslims scholars as a basis of Islamic law's dealings with non-Muslims, today many progressive Muslims question its authenticity and applicability in the modern day while no actual existing Muslim state, including official theocracies such as Iran, actually enforces all or most of its dictates. To this day, tho, many Muslim scholar still hold up this document with pride and reverence,<ref>{{cite web|title=The Convenant of Omar|url=http://www.thehandstand.org/archive/february-march2006/articles/abbas.htm|date=February-March 2006|publisher=The Handstand}}</ref> believing it to be a bedrock of fiqh vis-a-vis the treatment of non-Muslims in a Muslim state. Although no modern Muslim state actually imposes most of the strictures of the pact on non-Muslims, its legacy does live on in the de jure and de facto persecution of non-Muslim communities in Muslim states. | |||
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