Dhimma

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Dhimma ( Arabic ذمة dhimma , DMG ḏimma "protection (contract)", "custody", "guarantee", "payment obligation") is an institution of Islamic law, which the legal status of non-Muslim " wards " ahl adh-dhimma, dhimmī  /أهل الذمة ، ذمي / ahl aḏ-ḏimma, ḏimmī under Islamic rule. The definition of the "Dhimma" and the legal treatment of wards were created in the Islamic law of war and aliens in the second Muslim century (8th century AD) and in the branch of legal literature developed from it Ahkam ahl adh-dhimma  /أحكام أهل الذمة / aḥkām ahl aḏ-ḏimma  / 'Legal provisions for those under protection' discussed.

Such a protective alliance was originally reserved only for Jews , Christians and Sabians . In the course of the Islamic expansion , however, the offer of the dhimma has also been extended to other religious communities, such as the Zoroastrians or the Hindus , so that ultimately all non-Muslims were able to conclude a dhimma contract with the Muslim conquerors. With this contract came the payment of the jizya . The treatment of non-Muslim subjects under Islamic rule varied depending on place, time and ruler. (see below: # Legal status of dhimmis in Sharia )

Since the emergence of nation states in the Islamic world, each with a different scope of application of the Sharia in their legislatures , the legal status of the dhimmi has either been abandoned or modified in the present.

The term dhimma occurs in a discussion of Muhammad with the polytheists of Mecca in verses 8 and 10 of the 9th sura in the meaning of “bond” and “obligation”. In some of the letters of Muhammad to the Arab tribes and Christian communities, the "Dhimma of God and His Messenger"ذمة الله ورسوله / ḏimmatu Llāhi wa-rasūlihī assured upon conversion to Islam.

The Ahdnama of Milodraž is an example of a protection order from the Ottoman Sultan Mehmed II for the Franciscan monks in the Bosnian monastery Fojnica

Definition of "Dhimmi"

As a dhimmi ذمّي / ḏimmī is the name given to monotheists in Islamic legal tradition who were tolerated with a restricted legal status and protected by the state. All people who were neither Muslims nor dhimmis were called Harbī ("belonging to the war"), the peoples with whom the House of Islam was at war.

The following non-Muslim religious communities are named in the Koran : Jews ( al-yahūd or banū Isrāʾīl = "the children of Israel"), Christians ( an-naṣārā ), the Zoroastrians ( al-maǧūs ), Sabians ( aṣ-ṣābiʾa ), the Mandeans and Polytheists ( al- mušrikūn ). Those who already owned holy books in pre-Islamic times, i.e. i.e. , the Torah ( at-tawrāt ), the psalms ( az-zabūr ) and the gospel ( al- inǧīl - always in the singular), are the ahl al-kitāb , the "owners of scriptures". “The children of Israel” are mentioned both in connection with the biblical history of Judaism and in relation to the Jews in the vicinity of Mohammed, while the term al-yahūd in the Koran only refers to the Jews of Medina and the surrounding area with whom Mohammed was in contact , is used. In Islamic jurisprudence , only the designation al-yahūd is used to describe the treatment of those who are under protection .

The Koran also names other scriptures: the scrolls of Abraham and Moses (ṣuḥuf Ibrāhīm wa-Mūsā), or the "first scrolls" ( aṣ-ṣuḥufu ʾl-ūlā ), the definition of which is not apparent from the Koran. Mohammed apparently had only vague ideas about these writings, because neither the Koran nor the Koran exegesis provide concrete information about them . The above-mentioned religious communities, with which he probably came into contact even before his work as a prophet, are generally regarded as unbelievers (also applies to Christians and Jews) after his appointment as a prophet and - after their submission - in jurisprudence as under (Islamic) Protected communities ahl adh-dhimma  /أهل الذمة / ahlu ʾḏ-ḏimma .

The lawyer and theologian Ibn Qaiyim al-Jschauzīya († 1350) lists five non-Islamic communities: the Jews, the Christians, the Zoroastrians, the Sabians and the polytheists. Accordingly, Ibn ʿAbbās is made to say:

"There are six religions: one (ie Islam) is intended for the Merciful (God), the other five for the devil."

Sura 2, verse 42: “And do not obscure the truth with lies and deceit ...” is already interpreted as follows in the earliest Koran exegetes such as Yaḥyā ibn Salām († 815) with reference to Qatāda ibn Diʿāma : “Do not mix Islam with Judaism and Christianity. ”In the later exegete al-Qurtubī († 1275) the tendency to give Islam absolute priority over other religions becomes even clearer:“ Do not confuse Judaism and Christianity with Islam, because you know that the The religion of God, instead of which nothing else is acceptable and cannot be replaced by anything, is Islam. Judaism and Christianity (on the other hand) are heresy ( Bidʿa ); they are not from God. "

Separation of Muslims from dhimmis

The absolute priority of Islam over Judaism and Christianity, which u. a. is justified in the interpretation of sura 2, verse 42, also brought the demarcation of the Muslims from the other religious communities under Islamic rule, both in the social area and in the practice of religious customs and manners.

  • In legal doctrine, respected scholars such as Ibn Qaiyim al-Jschauzīya and the Qairawān representative of the Mālikites Ibn Abī Zaid al-Qairawānī († 996) disapproved of the circumcision of boys on the seventh day after birth on the grounds that this was "the custom of the Jews" .
  • One appealed to the companions of Muhammad, who, according to tradition, should have disapproved of celebrating Friday as a day off, as this reminds of the custom of the Jews (Saturday) and the Christians (Sunday).
  • Nor should Muslims lay their hands on graves and kiss them, as this is a Jewish custom.
  • The question of the greeting formalities between Muslims and dhimmis was controversial . According to an alleged instruction attributed to the Prophet, a Muslim must repeat the ritual ablution if he has shaken hands with a dhimmi before performing the prayer, which can only be done in ritual purity. Mohammed is even said to have forbidden to greet dhimmis with a handshake because they are unbelievers ( kuffār ).
  • The anafite scholar al-Ǧaṣṣāṣ ar-Rāzī († 981) considered it “reprehensible” ( kuriha ) to be the first to greet the unbeliever ( kāfir ) with the greeting of peace (di as-salām ʿalaikum ), because this is the greeting of the inhabitants of Paradise (ie the Muslims) to which an unbeliever does not belong. According to other traditions classified as authentic, Mohammed is said to have admonished his companions not to greet the Jews first. This tradition is in one of the so-called al-Kutub as-sitta , in Ibn Māǧa , in the chapter dedicated to these questions, " The Reply of the Greeting of Peace to the Dhimmis ", in the later acting Abū Yaʿlā al-Mauṣilī († 919) and in received later commentaries on Ḥadīth literature. If a Muslim is said to have accidentally greeted a dhimmi first, he had the right to “ask for the greeting back”.
  • The superiority of Islam over other religious communities is also emphasized in the dress code. Because "the crown of my community is the turban" - one lets the prophet speak. The turban is a "sign of honor" for the Arabs. Therefore, the law forbids dhimmīs to wear turbans, because dhimmīs have no honor. Dhimmīs wearing turbans had to mark their headgear with a piece of cloth to distinguish themselves from Muslims.

Legal status of dhimmis in Sharia law

According to the Islamic view, dhimmis could pursue their private law provisions, but in the area of public law and the practice of religious customs they were subject to sharia law restrictions. This included certain dress codes, the ban on celebrating religious ceremonies loudly in public or building new places of worship, and other legal restrictions.

Islamic international law stipulated that the fight against non-Muslim enemies was preceded by an invitation to them to accept Islam or - in the case of script owners - to remain in their religion in return for payment of the jizya . Sura 17, verse 15, where it says:

"... And we would never have imposed a penalty (on a people) without first having sent an envoy (to them)."

- Translation after Rudi Paret

This pre-combat call was also the Sunnah of the Prophet and his immediate successors.

In addition to the jizya , a further special tax or property tax, the so-called Ḫarāǧ ( Charādsch ), could possibly be demanded from the dhimmi .

Contemporary papyrus documents from Egypt during the Umayyad rule confirm that the conversion of Egyptian Christians to Islam was by no means associated with financial - tax-related - relief. Rather, they have been admonished to continue paying the jizya imposed on non-Muslims .

The treatment of Arab Christians, the Banu Taghlib, in the north of the Arabian Peninsula was controversial; At the latest in the legal work of asch-Schafii (aš-Šāfiʿī), the tendency to treat these religious communities not as “book owners” and thus not as dhimmis becomes clear ; there one invokes a legal norm allegedly already issued by the second caliph ʿUmar ibn al-Chattāb (ʿUmar b. al-Ḫaṭṭāb), in which it is a. a. means: “The Arab Christians do not belong to the scripture owners (...); I will not let go of them until they accept Islam ( ḥattā yuslimū ) - or I will cut off their heads! ”
The legal doctrine found an interim solution for this: With reference to sura 9, verse 29, the Arab Christians were also imposed the jizya ( ǧizya ), only they were called sadaqa ( Sadaqa ) without giving them the status of dhimmis to have given.

While the legal status of dhimmis is laid down in Islamic law , the practice of treating them under Islamic rule has varied across history, depending on place, time and ruler:

“The actual position of non-Muslims depended on several factors: a) the conditions within the respective Islamic sphere of rule; b) its relations to the dominant non-Muslim powers (...) and c) the usefulness of the non-Muslims (or parts of their elite) for the ruler or the respective Muslim society. "

- Gudrun Kramer

These deviations in the treatment of non-Muslims within the Islamic sphere of influence, which depend on various factors, can be illustrated using numerous examples from the history of the Islamic world .

In principle, the attitude towards non-Muslim subjects changed in accordance with the respective demographic conditions: While the Muslims represented a dominant minority in the conquered areas in the course of the Islamic expansion and in the first decades to centuries afterwards and, among other things, due to a lack of administrative knowledge on the In the wake of the increasing Islamization of these areas, the attitude towards the dhimmis, especially within scholarship, intensified.

In 756, under the rule of the Abbasid caliph Al-Manṣūr , the Byzantine chronicler Theophanes reported the increase in taxation on Christians, including monks. The treasuries of the churches have been sealed and confiscated. At the same time, Christians have been removed from all government offices. Religious freedom has been restricted, according to Theophanes: crosses were not allowed to be shown, nocturnal vigils were forbidden by decree. Christians and Jews have been marked on their hands since 771.

As a result of taxation, expropriation and the desecration of the Church of the Holy Sepulcher with Golgotha , the Christian population fled from Palestine and Syria to Cyprus in the years after 812 . The destruction of monasteries in the desert region was a further step towards the Islamization of the province of Syria-Palestine ( ǧ and Filasṭīn ) and Jordan ( ǧ and Urdunn ). In the Jewish settlement in the south of Hebron , the synagogue has been converted into a mosque.

From its inception, Islamic law has always endeavored to regulate the position of places of worship of non-Muslim religious communities in Islamic territory. The famous Islamic theologian and legal scholar Taqī ad-Dīn Aḥmad ibn Taimiyya († September 26, 1328) devoted a separate treatise to this question under the title Masʾalat fī ʾl-kanāʾis (legal question regarding churches) and ordered the destruction of churches and synagogues in areas that were captured by force ( ʿanwa ) during the Islamic conquest . The construction of new places of worship, including the renovation of the same, should be prohibited.

“If they (the dhimmis) claim that the Muslims have wronged them by closing (the churches), then it is a lie and contradicts the legal scholars. Because the scholars of the four law schools [...] and other dignitaries [...], as well as the companions of the prophets and their successors agree that the ruler in the destruction of all churches in the areas conquered by force, such as Egypt, Iraq, Syria and others, following his independent legal finding and those who represent this legal view, has committed no wrong. Rather, he has to be obeyed here. "

- Ibn Taimiya : Masʾalat fī ʾl-kanāʾis , pp. 101-102

The problem of the legality of places of worship of non-Muslim communities in Islamic countries is illustrated by the presentation by the Azhar scholar ad-Damanhūrī (* 1690; † 1778), dated to the year 1739 with the title The presentation of the magnificent evidence of the destruction of the places of worship from Fustāt (miṣr) and Cairo ( Iqāmat al-ḥuǧǧa al-bāhira ʿalā hadm kanāʾis Miṣr wal-Qāhira ). With numerous references to the teaching of the schools of law, including the controversial question of whether Egypt, or parts of it, were conquered by force or by peace treaty (ṣulḥ), he denies the churches any right to exist on Egyptian soil. After presenting the Malikite legal doctrine, he states:

“From the above it appears that the building of churches, their maintenance and renovation are forbidden because, as mentioned in the introduction, Fusṭāṭ was conquered by force (ʿanwatan) and Cairo is an Islamic city that the Muslims founded. "

- ad-Damanhūrī : Iqāmat al-ḥuǧǧa ... p. 43

With a corresponding result, ad-Damanhūrī also reports on the legal doctrine of the Shāfiʿites and adds that anyone who issues a controversial fatwa " deviates from the right path " ( fa-huwa min ahl aḍ-ḍalāl ). Ad-Damanhuri's treatise, however, did not lead to the destruction of the respective places of worship.

In the case collection of the judge Ibn Sahl († 1093) a judgment from the circle of Qāḍīs Aḥmad ibn Muḥammad ibn Ziyād († 925) has been preserved, which Ibn Sahl in his collection in the chapter under the title “ On the prohibition of the Dhimmis churches new to be erected ” . At the Jewish gate ( bāb al-yahūd ) of the city of Córdoba , the Jewish population has started to build a new synagogue ( šanūġa ) from the remains , which has already been destroyed by the Islamic authorities. The construction ban specifically states:

“In the cities of the Muslims and in their midst, the Jewish and Christian dhimmis are not allowed to rebuild churches or synagogues after they have been destroyed. This is what the commander (of the believers), may God strengthen him, disapproves and is angry about such a new establishment during his rule, which they have not yet dared to do. ”The lawyer al- Wansharīsī, who died at the beginning of the 16th century comments on this legal decision with the words: "This means that the new establishment (of churches and synagogues) in the legal schools of Islam is void."

In the first half of the 19th century, residents of Cairo complained to the government that “something horrible ( amr šanīʿ ) was happening in Cairo, may God protect it , which is said to be happening in other countries. A group of Jews who have become addicted to the wrath (of God) have started holding meetings in a large house where they pray and practice their religious rites and unbelief together. Sometimes they also raise their voices. They use that house as their temple, although outwardly it is one of their homes. They were therefore opposed and prevented (from these practices). "

The case was presented to Sulaimān Pascha (* 1788; † 1860), who then commissioned the most famous scholars of the four schools of law to discuss the legal question and make a decision with the condition that it be submitted in writing. It has been unanimously decided that the dhimmis are not allowed to hold such gatherings or to build places of worship or the like in the cities of the Muslims. "For the introduction of such practices is the practice of godlessness ( kufr ) and is more boorish than the establishment of pubs and brothels." The opinions of the law schools are then presented on 14 pages, including the verbatim opinion of Ibn Taimiyya quoted above. The original copy of this document with the title Suʾālāt wa-ǧawabāt fī ḏikr al-kanāʾis wal-baḥṯu ʿalai-hā (questions and answers regarding the churches and their discussion) is in the collection of Arabic manuscripts of the Orient Department in the State Library in Berlin , Hs Landberg 428, fols. 77-85.

On the other hand, an actual, unrestricted implementation of such regulations - especially outside the centers of the Islamic world - has mostly not taken place.

“According to a proviso in one of the oldest sources of Muslim law, no churches or synagogues were to be established in the new towns founded by the conquerors, an injunction that soon was understood to mean that no new non-Islamic houses of worship were to be erected anywhere in Islamic territory. In fact, however, numerous churches and synagogues existed in Fustat and Baghdad at a time when the power of Islam was at its height, and even Cairo , which was founded in 969, soon had its own churches and synagogues. "

- Shlomo Dov Goitein

The original attitude towards dealing with the dhimmis emerges from several traditions. In a letter from Umar ibn al-Chattab to one of his governors, it says:

“Neither you nor the Muslims by your side should treat the unbelievers as spoils of war and distribute them (as slaves) ... if you collect the poll tax, it gives you no right to them and no right over them. Have you considered what will remain for the Muslims after us if we captured the infidels and assigned them as slaves? By Allah, the Muslims would not find a person to speak to and from whose work they could benefit. The Muslims of our day will feed on these people for the rest of their lives (from work), and after our and their deaths the same will be done for our sons by their sons and so on, for they are slaves of the people of believers as long as they Religion of Islam will prevail. Therefore impose a poll tax on them and do not enslave them and do not allow the Muslims to oppress them or harm them or to violate their property beyond what is permitted, but faithfully adhere to the conditions that you grant and abide by them everything you allowed them to do. "

This principle in dealing with non-Muslim subjects was also recorded in the form of a prophetic saying:

"Whoever does injustice to a Jew or a Christian, I (the prophet) myself will appear as the accuser on the day of judgment "

The Islamic conquests were welcomed in large parts of the respective population, partly because of the freedom now granted to practice their own religion. In a letter from the Nestorian Patriarch dated AD 650, referring to the relationship between the Arab conquerors and the Christian population:

"But they not only do not fight the Christian religion, they even promote our faith, honor the priests and saints and help the churches and monasteries."

Despite corresponding regulations in Islamic law, Christian and Jewish places of worship were rebuilt, including in cities founded by Muslims such as Cairo . In Constantinople (today's Istanbul), for example, a total of 55 new Armenian Orthodox churches have been built since the city was conquered in 1453; Of the 40 Orthodox churches in the city that existed around 1700, 37 were built under Ottoman rule.

Another historical example of the promotion of Christian worship under Islamic rule was the appointment of a Greek Orthodox patriarch by Mehmed II following the conquest of Constantinople in 1453. As a result of internal disputes about the future relationship with the Roman Catholic Church at the time the conquest of the city no patriarchs of the Greek community.

"After the conquest of Byzantium, he [Mehmed II] had an orthodox patriarch elected in a canonical election, installed him in office with all ceremony and guaranteed the Greek Christians the free exercise of their worship and the inviolability of their places of worship."

- Albrecht Noth

“In view of such contradicting experiences and statements (...) it is easy to write the history of the Jews (and the dhimmis in general) under Islamic rule as a continuous history of suffering and persecution (...) It would be just as easy to be precise Do the opposite and present a consistent success story. "

- Stefan Schreiner

There is consensus in large parts of the research that religious minorities within the Islamic world were generally granted more tolerance than in medieval Europe.

The decree of the Abbasid caliph al-Mutawakkil against the dhimmis

  • According to the historian at-Tabarī , the Abbasid caliph al-Mutawakkil issued an order in April 850, according to which Christians and all those under protection had to wear honey-colored cloaks taylasan and the traditional belts zunnar and yellow headgear. Dress codes and other distinguishing marks have been imposed on all communities of ahl adh-dhimma.
  • al-Mutawakkil also had black devil's heads painted on the houses of all non-Muslims and their graves leveled in order to be able to distinguish them from the graves of Muslims.
  • Church services and funerals are to be kept inconspicuous; there are no signs of their faith , e.g. B. crosses to show.
  • According to this decree by al-Mutawakkil, newly built places of worship had to be destroyed. If the space was big enough, it should be used as building land for a mosque.
  • Dhimmis were not allowed to be employed in state offices.
  • Children of dhimmis were not entitled to attend Muslim schools or to be taught by a Muslim.

Comparable regulations were unknown in the Islamic West until the time of the Almohads . Shortly before his death in 1198, the fanatical Almohad ruler Yaʿqūb al-Mansūr , Abu Yusuf, ordered the Jews to wear a dark blue cloak ( burnus ) with a conspicuous, pointed headgear in public.

The French orientalist R. Brunschvig took the view that the above-mentioned Almohad measure may have caused the fourth Lateran Council in 1215 to require the Jews of Europe to wear a yellow mark (see yellow ring ) and a Jew hat .

Regulations on the status of dhimmis in legal literature

  • Dhimmis have to pay the jizya as a special tax, in addition to certain circumstances a special property tax, the so-called Ḫarāǧ ( Charādsch ).
  • Dhimmis are not allowed to ride horses, only donkeys.
  • A male dhimmi may not marry a Muslim, but a Muslim may marry a dhimmi woman.
  • His testimony is less valid in court than that of a Muslim , and as a witness in trials against Muslims it is not at all admissible.
  • For crimes committed against dhimmis , Muslims received half the penalty and the death penalty was excluded.
  • The dhimmis were excluded from certain administrative offices where they could prescribe Muslims.
  • Dhimmis and non-Muslims par excellence are not allowed to enter the holy cities of Mecca and Medina .
  • Dhimmis are not allowed to carry or possess weapons.
  • Non-Muslim symbols (e.g. crosses) had to be removed, bells were forbidden, as was loud prayer and singing during services.
  • Often certain clothing bans and regulations (ġiyār) applied in order to make the individual recognizable as a member of a certain religious community (Jews had to wear yellow clothes, e.g. yellow belts or turbans).
  • Dhimmis can only inherit from dhimmis (not Muslims). In the Shia it was sometimes practiced that a Muslim inheritance surpasses all non-Muslim heirs and therefore they get nothing.

The legal norm, formulated and understood differently in legal literature, which secured the dhimmis their lives, property and, under certain restrictions, religious practice, could not prevent rioting against them in rare cases.

Practical abolition

As part of the Tanzimat reform edicts , the establishment of the dhimma in the Ottoman Empire was gradually abolished, not least due to pressure from European states whose military assistance was sought, in particular through the reform decree Hatt-ı Hümâyûn of 1856 in the era of the Tanzimat . Outside the Ottoman Empire, the dhimma usually ended with the introduction of new legal bases by the colonial powers (e.g. in India), with the introduction of national constitutions (e.g. in Persia) or with the almost complete disappearance of the affected sections of the population (e.g. B. in Saudi Arabia).

However, there have been reports of non-Muslims being treated as dhimmis in areas dominated by the Pakistani Taliban , the Muslim Brotherhood or the Islamic State .

literature

  • Article “Dhimma”. In: The Encyclopaedia of Islam . New Edition. Volume 2. Brill. Leiden 1965, p. 227.
  • Antoine Fattal: Le Satut Legal des Non-Musulmans en pays d'Islam . Beirut 1958.
  • Arthur S. Tritton: The Caliphs and their Non-Muslim Subjects . Cass, London 1930 (new impression 1970) ISBN 0-7146-1996-5 .
  • Mark R. Cohen: Under the Cross and the Crescent. The Jews in the Middle Ages . Beck, Munich 2005, ISBN 3-406-52904-6 .
  • Benjamin Braude, Bernard Lewis (eds.): Christians and Jews in the Ottoman Empire: The Functioning of a Plural Society. 2 volumes. Holmes & Meier Publishing, New York 1982, ISBN 0-8419-0519-3 (Vol. 1). - ISBN 0-8419-0520-7 (vol. 2).
  • Bernard Lewis: The Jews in the Islamic World . CH Beck, Munich 2004, ISBN 3-406-51074-4 .
  • Rudi Paret : Tolerance and Intolerance in Islam . In: Saeculum. Yearbook for Universal History Volume 21. Böhlau, Cologne 1970, ISSN  0080-5319 , pp. 344–365.
  • MJ Kister: "Do not assimilate yourselves ..." Lā tashabbahū. In: Jerusalem Studies in Arabic and Islam (JSAI) 12 (1989), pp. 321–353. With an appendix by Menahem Kister: pp. 354–371
  • Albrecht Noth : Possibilities and Limits of Islamic Tolerance . In: Saeculum Yearbook for Universal History Volume 29. Böhlau, Cologne 1978, ISSN  0080-5319 , pp. 190-204.
  • Moshe Perlmann: Shaykh Damanhūrī on the Churches of Cairo (1739) . University of California Publications. University of California Press 1975
  • David Engels : The Legal Status of Strangers in the Islamic World. In: A. Coskun / L. Raphael (ed.), Strange and without rights? Membership rights of strangers from antiquity to the present. A manual , Böhlau, Cologne / Weimar / Vienna, 2014, pp. 193–216.

Web links

Individual evidence

  1. ^ Robert G. Hoyland (Ed.): Muslims and Others in Early Islamic Society . Aldershot 2004, p. Xiv.
  2. ↑ a b Gudrun Krämer : Introduction to Islamic Studies / WS 2003/4. Short protocol: Non-Muslims under Islamic rule (pp. 21–22; PDF, 184 KB)
  3. ^ CE Bosworth: The Concept of Dhimma in Early Islam . In: B. Braude, B. Lewis (eds.): Christians and Jews in the Ottoman Empire. The Functioning of a Plural Society . Holmes & Meier Publishing, 1982. Vol. 1, p. 41
  4. ↑ Muhammad Hamidullah : Maǧmūʿat al-waṯāʾiq as-siyāsiyya lil-ʿahdi n-nabawīy wa-l-ḫilāfati r-rāšida. (Collection of political documents from the time of the prophets and the time of the rightly guided caliphate). 3. Edition. Beirut 1969. passim and p. 449: Register of terms.
  5. ^ The Encyclopaedia of Islam . New Edition. Brill, suffering. Vol. I, p. 264 ("Ahl al-Kitāb")
  6. ↑ See The Encyclopaedia of Islam . New Edition. Brill, suffering. Vol. I, p. 1020 (“Banū Isrāʾīl”) and quotations from the Koran there.
  7. ↑ al-mausūʿa al-fiqhiyya. ( Encyclopedia of Islamic Law . 5th Edition. Kuwait 2004. Vol. 7, pp. 121 and 141.)
  8. ^ Fuat Sezgin : History of Arabic literature . Brill, 1967. Volume 1, p. 39.
  9. ↑ MJ Kister: “Do not assimilate yourselves ...” Lā tashabbahū. In: Jerusalem Studies in Arabic and Islam (JSAI) 12 (1989), p. 321. Note 2.
  10. ↑ MJ Kister: “Do not assimilate yourselves ...” Lā tashabbahū. In: Jerusalem Studies in Arabic and Islam (JSAI) 12 (1989), p. 324.
  11. ^ Fuat Sezgin: History of Arabic literature . Brill, 1967. Volume 1, pp. 478-481.
  12. ↑ MJ Kister: “Do not assimilate yourselves ...” Lā tashabbahū. In: Jerusalem Studies in Arabic and Islam (JSAI) 12 (1989), p. 325.
  13. ↑ MJ Kister: “Do not assimilate yourselves ...” Lā tashabbahū. In: Jerusalem Studies in Arabic and Islam (JSAI) 12 (1989), p. 330; 325-326 with further sources.
  14. ^ Fuat Sezgin: History of Arabic literature . Brill, 1967. Volume 1, pp. 444-445.
  15. ↑ Ignaz Goldziher : About Jewish customs and traditions from Muslim writings . In: Monthly for the history and science of Judaism (MGWJ) 29 (1880), p. 307; MJ Kister: "Do not assimilate yourselves ..." Lā tashabbahū. In: Jerusalem Studies in Arabic and Islam (JSAI) 12 (1989), p. 327, notes 22-23.
  16. ↑ Sunan Ibn Māǧa , Volume 2, p. 1219 (ed. Muḥammad Fuʾād ʿAbd al-Bāqī. Cairo 1972).
  17. ^ Fuat Sezgin: History of Arabic literature . Brill, 1967. Volume 1, pp. 170-171.
  18. ↑ See: MJ Kister: "Do not assimilate yourselves ..." Lā tashabbahū. In: Jerusalem Studies in Arabic and Islam (JSAI) 12 (1989), p. 327. Note 22.
  19. ↑ Ignaz Goldziher: About Jewish customs and traditions from Muslim writings . In: Monthly for the history and science of Judaism (MGWJ) 29 (1880), p. 308.
  20. ↑ See: MJ Kister: " The crowns of this community " ... The Turban in the Muslim Tradition. In: Jerusalem Studies in Arabic and Islam (JSAI) 24 (2000), pp. 228-229.
  21. ↑ For a list of these see Bernard Lewis: Die Juden in der Islamischen Welt . CH Beck, 2004. p. 32 ff.
  22. ↑ AJ Wensinck and JH Kramers : Short dictionary of Islam . Brill, 1941, p. 96.
  23. ↑ a b Adel Th. Khoury , Ludwig Hagemann , Peter Heine : Lexikon des Islam. History - ideas - design . Directmedia, 2001. pp. 669 f.
  24. ^ Benny Morris : Righteous Victims. A History of the Zionist-Arab Conflict. 1881-2001. Vintage Books, New York, p. 9.
  25. ↑ Petra M. Sijpesteijn: Creating a Muslim State: The Collection and Meaning of Sadaqa. In: B. Palme (Ed.): Files of the 23rd International Papyrology Congress Vienna. (July 22-28, 2001). Pp. 661-674
  26. ^ Hugh Kennedy: The Prophet and the Age of the Caliphates: The Islamic Near East from the Sixth to the Eleventh Century . Longman, 2004. p. 63
  27. ↑ A fundamental work on the theoretical legal status of dhimmis is Ibn Qayyim al-Jschauziya's "Aḥkām ahl aḏ-ḏimma"
  28. ↑ Bernard Lewis: The Jews in the Islamic World . CH Beck, 2004. p. 37 f. Cf. AJ Wensinck and JH Kramers: Short dictionary of Islam . Brill, 1941, p. 96: “(...) By law he [the dhimmi] has no full rights with regard to testimony in court, protection from criminal cases and marriage. Naturally, these restrictions were and are implemented with very different degrees of severity. "See also:" Stefan Schreiner: Between the Worlds - On the History of the Jews in the Arab-Islamic World. In: Der Bürger im Staat. 56th Volume, Issue 2 (2006) P. 94-102: "It cannot be overlooked, however, that the provisions of the dhimma have been interpreted and applied very differently in the course of history, depending on the place, time and government."
  29. ↑ General on this: Rudi Paret: Tolerance and Intolerance in Islam . In: Saeculum 21 (1970). P. 344–365 as well as Albrecht Noth: Possibilities and Limits of Islamic Tolerance . In: Saeculum 29 (1978). Pp. 190-204.
  30. ↑ Albrecht Noth: Early Islam. In: Ulrich Haarmann (Hrsg.): History of the Arab world. CH Beck, 1991. pp. 65 f.
  31. ^ The Encyclopaedia of Islam . New Edition. Brill, suffering. sv “Dhimma”: “Soon, however, Islam was reinforced numerically, organized itself institutionally, and deepened culturally. Polemics began to make their appearance between the faiths, and the Muslims sought to delimit more clearly the rights of those who were not Muslims. ”See also Bruce Masters: Christians and Jews in the Ottoman Arab World. The Roots of Secterianism. Cambridge University Press, 2001. p. 21
  32. ^ The Chronicle of Theophanes Confessor. Byzantine and Near Eastern history AD 284-813 . Translated and commented on by Cyril Mango and Roger Scott, Oxford 1997. p. 430.
  33. ^ The Chronicle of Theophanes Confessor. P. 439.
  34. ^ The Chronicle of Theophanes Confessor. P. 446.
  35. ^ Milka Levy-Rubin: Arabization versus Islamization in the Palestinian Melkite Community during the Early Muslim Period . In: A. Kofsky & G. Stroumsa (eds.): Religious Contacts and Conflicts in the Holy Land . Jerusalem 1998. pp. 149-162.
  36. ^ The New Encyclopaedia of Archeological Excavations in the Holy Land . Jerusalem 1993. Volume 4, p. 1421.
  37. ↑ Ed. ʿAlī ibn ʿAbd al-ʿAzīz ibn ʿAlī aš-Šibl. (Riyadh 1995)
  38. ^ Carl Brockelmann : History of the Arabic literature . Second edition adapted to the supplement volumes. Brill, Leiden 1949. Volume 2, pp. 487-488; Moshe Perlmann (1975), p. 5 with further references
  39. ↑ Moshe Perlman: Shaykh Damanhūrī on the Churches of Cairo (1739) . University of California Publications. University of California Press 1975
  40. ↑ Moshe Perlmann (1975), p. 41; 47
  41. ^ Mark R. Cohen: Under Crescent and Cross: The Jews in the Middle Ages . Princeton University Press, 1994. p. 59
  42. ↑ About him see: Christian Müller: Judicial practice in the city state of Córdoba . On the law of society in a Malikite-Islamic legal tradition of the 5th / 11th Century. Brill, Leiden 199. pp. 1-18.
  43. ↑ al-Ḫušanī: Quḍāt Qurṭuba (ed. Ibrāhīm al-Abyārī. Beirut 1982), pp. 204–6.
  44. ↑ The gate was also named bāb Liyūn (Leon) and "bāb al-hudā" (gate of the right path, i.e. the true religion); L. Torres Balbas: Ciudades Hispano-Musulmanas . Madrid 1985. p. 211.
  45. ↑ Miklós Murányi : The Kitāb Aḥkām Ibn Ziyād . About the identification of a fragment in Qairawān. (Qairawāner Miszellaneen V.) In: Journal of the German Oriental Society (ZDMG), Volume 148 (1998), p. 241 ff .; here: 255-256.
  46. ↑ Based on the first sura , verse 7: al-maġḍūb ʿalai-him
  47. ^ The Encyclopaedia of Islam . New Edition. Brill, suffering. sv "Dhimma": "But always, through the centuries, the evolution of ideas has shown two aspects at once different and interdependent. On the one hand are the doctrinaires, found mainly among the fuḳahāʾ and the ḳāḍīs, who have interpreted the regulations concerning dhimma in a restrictive way, developing a program which, if not one of persecution, is at least vexatious and repressive. (...) But indeed, on the other hand, we must recognize that current practice fell very much short of the program of the purists, which was hardly ever implemented except in the great Muslim centers and in the capitals, and was even then incomplete and sporadic (...) "
  48. ^ German translation: According to a regulation from one of the oldest sources [works] on Islamic law, no new churches or synagogues are to be built in new cities founded by the conquerors. It is a regulation that a little later was understood to mean that no new non-Islamic places of worship were to be built in the entire Islamic domain. In fact, at a time when Islam was at the zenith of its success, there were numerous churches and synagogues in Fustat and Baghdad. Even Cairo, which was founded in 969, had its own churches and synagogues. '
  49. ↑ See Harry Munt: “No two religions”. Non-Muslims in the early Islamic Ḥijāz . In: Bulletin of the School of Oriental and African Studies (BSOAS) 78/2 (2015). P. 264 after Shlomo Dov Goitein: A Mediterranean Society. An Abridgement in One Volume . University of California Press, 1999. p. 146 - with the note that the above-mentioned regulation was nevertheless not constantly ignored. See Seth Ward: A fragment from an unknown work by al-ṬabarĪ on the tradition 'Expel the Jews and Christians from the Arabian Peninsula (and the lands of Islam)' . In: Bulletin of the School of Oriental and African Studies (BSOAS) 53/3 (1990). P. 415 f.
  50. ↑ In this context cited u. a. Mahmud Ayoub a hadith similar in content, traced back to Umar. See Mahmoud Ayoub : Dhimmah in Qur'an and Hadith . In: Arab Studies Quarterly 5 (1983). See Mark R. Cohen, Under Crescent and Cross: The Jews in the Middle Ages . Princeton University Press, 1994. p. 55
  51. ↑ Quoted from Bernard Lewis: The Jews in the Islamic World . CH Beck, 2004. p. 37
  52. ↑ Ahmad Ibn Yahya al-Baladhuri: Kitab Futūḥ al-Buldān . Edited by Michael J. de Goeje. Leiden, 1866. p. 162; quoted from: AJ Wensinck and JH Kramers: Concise Dictionary of Islam . Brill, 1941. p. 18
  53. ↑ Albrecht Noth: Early Islam. In: Ulrich Haarmann (Hrsg.): History of the Arab world. CH Beck, 1991. pp. 63-65
  54. ↑ Albrecht Noth: Possibilities and Limits of Islamic Tolerance . In: Saeculum 29 (1978). P. 191 with corresponding references.
  55. ↑ See The Encyclopaedia of Islam . New Edition. Brill, suffering. sv "Dhimma": "As regards places of worship, the jurists are almost unanimous in interpreting restrictively the undertaking made on behalf of Muslims to uphold them, in the sense that this promise could apply only to those buildings which were in existence at the time of the advent of Islamic power; hence new building was forbidden, and rigorists opposed even the reconstruction of buildings fall into decay. "
  56. ^ Mark R. Cohen: Under Crescent and Cross: The Jews in the Middle Ages . Princeton University Press, 1994. p. 58
  57. ↑ Albrecht Noth : Possibilities and Limits of Islamic Tolerance . In: Saeculum 29 (1978). P. 198.
  58. ^ Philip Mansel : Constantinople: City of World's Desire, 1453-1924 . St. Martin's, 1995. p. 52
  59. ↑ Albrecht Noth: Possibilities and Limits of Islamic Tolerance . In: Saeculum 29 (1978). P. 191 f. See Philip Mansel: Constantinople: City of World's Desire, 1453-1924 . St. Martin's, 1995. p. 9
  60. ↑ Stefan Schreiner: Between the Worlds - On the history of the Jews in the Arab-Islamic world. In: The citizen in the state. 56th year, issue 2 (2006). Pp. 94-102. See Bruce Masters: Christians and Jews in the Ottoman Arab World. The Roots of Secterianism. Cambridge University Press, 2001. p. 18: “Western scholars and observers of Muslim societies have alternatively ascribed to Islam, as a normative social construct, religious toleration and fanaticism. Both characterizations are possible, as Muslim states historially have manifested these apposite tendencies at different times and in different places. "
  61. ^ The Encyclopaedia of Islam . New Edition. Brill, suffering. sv "Dhimma": "Objectivity requires us to attempt a comparison between Christian and Muslim intolerance, which have partial resemblances and partial differences. Islam has, in spite of many upsets, shown more tolerance than Europe towards the Jews who remained in Muslim lands. In places where Christian communities did not die out it may have harassed them, but it tolerated them when they did not seem too closely bound up with western Christianity (as in Egypt and Syria); it has bullied them more roughly in Spain, after a long period of toleration, in the face of the Reconquista (...). What one may emphasize is that, although religious factors obviously contributed to the intolerance shown in particular by the Almohads, it is political factors which in general outweighed strictly religious intolerance in Islam. "Cf. Mark R. Cohen: Under Crescent and Cross: The Jews in the Middle Ages . Princeton University Press, 1994. pp. 162-194
  62. ↑ at-Tabarī : Taʾrīḫ ar-rusul wa-ʾl-mulūk. Vol. 9, 171-172 (Cairo 1967).
  63. ↑ Pessah Shinar: Some Remarks Regarding the colors of male Jewish dress in North Africa and Their Arabic-Islamic context . In: Jerusalem Studies in Arabic and Islam (JSAI), 24 (2000), p. 381.
  64. ↑ R. Brunschvig: La berbérie orientale sous les Hafsides . Paris 1940. Vol. II. 404.
  65. ↑ Mesut Avci: Form of Islam in Baburname . Logos Verlag Berlin GmbH, p. 122 .
  66. ^ Jürgen Bellers, Markus Porsche-Ludwig: Persecution of Christians in Islamic countries . LIT Verlag Münster, 2011, ISBN 978-3-643-11235-4 , p. 12 .
  67. ↑ Mesut Avci: Form of Islam in Baburname . Logos Verlag Berlin GmbH, p. 122 .
  68. ↑ Monika Grübel: Judaism . 1996, ISBN 978-3-7701-3496-0 , pp. 50 .
  69. ↑ Bernard Lewis: The Jews of Islam . Greenwood Publishing Group, 1984, ISBN 978-0-691-00807-3 ( google.at [accessed September 12, 2019]).
  70. ^ Francis E. Peters: Islam, a Guide for Jews and Christians. Princeton University Press, 2003, p. 195.
  71. ↑ Bernard Lewis: The Jews in the Islamic World. From the early Middle Ages to the 20th century . CH Beck, 2004. p. 49: “... massacres like that at Granada in 1066 have rarely occurred in Islamic history.” Cf. Mark R. Cohen: Under Crescent and Cross: The Jews in the Middle Ages . Princeton University Press, 1994. p. 74.
  72. ^ The Tribune, Chandigarh, India. April 17, 2009, accessed September 12, 2019 .
  73. ^ Egypt's Muslim Brotherhood to Coptic Christians: Convert to Islam, or pay 'jizya' tax. In: washingtontimes.com. September 10, 2013. Retrieved September 12, 2019 (American English).
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