Lying Dick

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.