The Dhimmi

Examines the treatment of non-Arab people under the rule of the Muslims and collects historical documents related to this subject

Dhimmitude is thus discussed from the perspective of Muslim theory, and also in regard to divergent Christian attitudes to Jews and Zionism."--BOOK JACKET.

Indispensable to the Western observer for a full understanding of the complexities of the conflicts in the Middle East, this study analyzes and documents the historical, social, and spiritual realities of the dhimmi peoples_ the non-Arab and non-Muslim communities subjected to Muslim domination after the conquest of their territories by Arabs.

The question of tolerance and Islam is not a new one. Polemicists are certain that Islam is not a tolerant religion. As evidence they point to the rules governing the treatment of non-Muslim permanent residents in Muslim lands, namely the dhimmi rules that are at the center of this study. These rules, when read in isolation, are certainly discriminatory in nature. They legitimate discriminatory treatment on grounds of what could be said to be religious faith and religious difference. The dhimmi rules are often invoked as proof-positive of the inherent intolerance of the Islamic faith (and thereby of any believing Muslim) toward the non-Muslim. This book addresses the problem of the concept of 'tolerance' for understanding the significance of the dhimmi rules that governed and regulated non-Muslim permanent residents in Islamic lands. In doing so, it suggests that the Islamic legal treatment of non-Muslims is symptomatic of the more general challenge of governing a diverse polity. Far from being constitutive of an Islamic ethos, the dhimmi rules raise important thematic questions about Rule of Law, governance, and how the pursuit of pluralism through the institutions of law and governance is a messy business. As argued throughout this book, an inescapable, and all-too-often painful, bottom line in the pursuit of pluralism is that it requires impositions and limitations on freedoms that are considered central and fundamental to an individual's well-being, but which must be limited for some people in some circumstances for reasons extending well beyond the claims of a given individual. A comparison to recent cases from the United States, United Kingdom, and the European Court of Human Rights reveals that however different and distant premodern Islamic and modern democratic societies may be in terms of time, space, and values, legal systems face similar challenges when governing a populace in which minority and majority groups diverge on the meaning and implication of values deemed fundamental to a particular polity.

In Minding Their Place Antonia Bosanquet analyses the relevance of space to Ibn al-Qayyim’s (d. 751/1350) rulings about non-Muslim subjects in Aḥkām ahl al-dhimma. She shows how his definition of their social role develops his theological view of inter-religious relations.

The Third Choice provides a compelling introduction to Islam on the basis of its primary sources, the Quran and the life of Muhammad. Topics covered include the sharia; interpretation of the Quran; abrogation; women's rights (including female genital mutilation); lawful deception (taqiyya); Muhammad's responses to opposition; Islamic antisemitism; religious freedom; and prospects for reforming Islam. After this critical introduction of Islam, there follows an explanation and critique of Islam's policy for non-Muslims living under Islamic conditions. The doctrine of the three choices (conversion, the sword, or the dhimma pact of surrender to Islam) is explained, including an analysis of the meaning of tribute payments (jizya) made by non-Muslims (dhimmis) to their Muslim conquerors. Durie describes the impact of dhimmitude on the human rights of non-Muslims in Islamic contexts around the world today, in the light of global Islamic resurgence and advancing Islamization, including pressure being exerted through the United Nations for states to conform to sharia restrictions on freedom of speech. The worldview of dhimmitude, Durie argues, offers indispensable keys for understanding current trends in global politics, including the widening impact of sharia revival, deterioration of human rights in Islamic societies, jihad terrorism, recurring patterns of Western appeasement, interfaith dialogue initiatives, and the increasingly fraught relationship between migrant Muslim communities in the West and their host societies.

The American profession should welcome this exhaustive and authentic work edited by two scholars who are authorities on the law of Islam and also students of the law of the United States. These editors have enlisted leading authorities on special subjects and have presented the whole in a manner that should appeal to American interest and understanding. Dr. Khadduri and Dr. Liebesny are entitled to our thanks and to our congratulations. It is to be hoped that Law in the Middle East will be widely read and pondered by the American legal profession and all who believe understanding begets good will.