Humiliation of the Non Muslim

The classical jurist- theologians give us the Covenant of ‘Umar, preserved in the form of a letter submitted by the Christians of Syria as Dhimmi-s to Abu ‘Ubaydah, which ‘Umar ratified. The letter contains the following terms, ostensibly on behalf of the Christians:

1. ‘Not to build in Damascus and its environs church, convent, chapel, monk’s hermitage;
2. ‘Not to repair what is dilapidated of our churches nor any of them that are in Muslim quarters;
3. ‘Not to withhold our churches from Muslims stopping there by night or day;
4. ‘To open doors to the travelers and the wayfarer;
5. ‘Not to shelter there nor in our houses a spy, not to hide one who is a traitor to the Muslims;
6. ‘To beat the naqus only gently in our churches;
7. ‘Not to display a cross on them;
8. ‘Not to raise our voices in prayer or chanting in our churches;
9. ‘Not to carry in procession a cross or our book;
10. ‘Not to take our Easter or Psalm Sunday processions;
11. ‘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;
12. ‘Not to sell wine nor parade idolatry in companies of Muslims;
13. ‘Not to entice a Muslim to our religion nor invite him to it;
14. ‘Not to keep slaves who have been the property of Muslims;
15. ‘Not to prevent any relative from entering Islam if he wishes it;
16. ‘To keep our religion wherever we are;
17. ‘Not to resemble the Muslims in wearing the qalansuwah (hat of a Greek priest), the turban, shoes, nor in the parting of the hair, nor in the way of riding;
18. ‘Not to use their language nor be called by their names;
19. ‘To cut the hair in front and divide our forelocks;
20. ‘To tie the zunnar round our waists;
21. ‘Not to engrave Arabic on our seals;
22. ‘Not to ride our saddles;
23. ‘Not to keep arms nor put them in our houses nor wear swords;
24. ‘To honor Muslims in their gatherings, to guide them on the road, to stand up in public meetings when they wish it;
25. ‘Not to make our houses highter than theirs;
26. ‘Not to teach our children the Koran;
27. ‘Not to be partners with a Muslim except in business;
28. ‘To entertain every Muslim traveler in our customary style and feed them in it three days;
29. ‘We will not abuse a Muslim and he who strikes a Muslim has forfeited his rights.

All the four leaders of Muslim law agree that no new construction of places of worship by Dhimmi-s is permissible in cities and big towns of Dar al-Islam. Those other than Imam Abu Hanifah do not permit such construction anywhere else as well. Imam Abu Hanifah permits it to Scripturaries at a distance at least of one mile from the fortifications of a town. Imams other than Imam Ahmad ibn Hanbal permit repairs of Churches and synagogues in case their site had been gifted to the Dhimmi-s. Ibn Hanbal appears generally to be opposed to repairs of all kinds, though he sometimes opines otherwise also.

The Dhimmi suffered from legal disabilities as well, in matters of testimony, criminal law, marriage, inheritance etc. he could not inherit from a Muslim. In the event of his wife’s conversion, he was required to be converted or to divorce her. If he was employed in the army, he could get allowances but no legal share in the spoils (ghanimah). Besides, there were certain extra-constitutional disabilities and indignities to which the Dhimmi-s were subjected without scruples.