Minding Their Place : Space and Religious Hierarchy in Ibn Al-Qayyim’s Aḥkām Ahl Al-dhimma

Hereafter referred to as Ibn al-Qayyim. On the author, his name and his work see chapter 1 of this study. 2 See below, "Dhimma," in Encyclopaedia of Islam, 3rd edition (hereafter referred to as EI3). Transliterated Arabic words (except proper nouns and names) are italicised throughout this study, except for proper names and words, such as dhimmi or jihad, that are widely used in English. 4 Ibn al-Qayyim al-Jawziyya, Aḥkām ahl al-dhimma, ed. Ṣubḥī l-Ṣāliḥ (Damascus: Maṭbaʿat Jāmiʿat Dimashq, 1961), hereafter cited as Aḥkām; idem, Aḥkām ahl al-dhimma, ed. Ṣubḥī l-Ṣāliḥ (Beirut: Dār al-ʿIlm li-l-Malāyīn, 1981), hereafter cited as Aḥkām [1981]. 5 Annabelle Böttcher, "Ibn Taymiyya and Ibn Qayyim al-Jawziyya as Changing Salafi Icons," in Islamic Theology, Philosophy and Law: Debating Ibn Taymiyya and Ibn Qayyim al-Jawziyya, ed. Birgit Krawietz and Georges Tamer, with Alina Kokoschka (Berlin: De Gruyter, 2013), 461-492. The Saudi academic Saʿd Maṭar al-ʿUtaybī lists Aḥkām ahl al-dhimma amongst the 30 most important works on Islamic political rule: www.al-madina.com/node/363203?risala (accessed 29 January 2020). Aḥkām ahl al-dhimma is also the main source for Wasīm Fatḥ Allāh's essay on the rights and obligations of non-Muslim residents on the jihadi-salafi website associated with Muḥammad al-Maqdisī, ilmway.com. See http://www.ilmway.com/site/ maqdis/MS\_10476.html (accessed 29 January 2020). Contents Acknowledgements Figure and Tables Introduction 1 Questions Raised in this Study 3 Space and Aḥkām ahl al-dhimma 4 Text as Space? 5 Significance of this Study 6 Method and Chapter Outline Part 1 Aḥkām ahl al-dhimma: Text and Content Chapter 1 Author, Text and Reception 1 Ibn Qayyim al-Jawziyya 2 The Text of Aḥkām ahl al-dhimma 3 Reception 4 Manuscripts and Editions Chapter 2 Historical Background 1 Muslims and non-Muslims in the Mamluk Empire 2 The ʿUlamāʾ in the Mamluk Period Chapter 3 Literary Precedents 1 The Pact of ʿUmar and the Contract Genre 2 The Fiqh Compendia 3 Juristic Literature Focusing on the Ahl al-Dhimma 4 Manuals of Governance and Statecraft 5 Ādāb al-Muḥtasib 6 Mamluk Prescriptive Literature 7 Similarities and Differences Between the Literary Precedents for Aḥkām ahl al-dhimma 8 Conclusions: Locating Aḥkām ahl al-dhimma Chapter 4 Structure and Method 1 Structure and Subject Division Within Aḥkām ahl al-dhimma 2 Sources and Method 3 Sources for Aḥkām Ahl al-Dhimma 4 Source Incorporation and Authorial Agency 5 The Dialectical Method 6 Digression: its Uses and Functions 7 Qur’anic Verses and Hadith 8 Conclusion to Part One Part 2 Space in Aḥkām ahl al-dhimma Chapter 5 Separate Space 1 Mosques, Churches and Dhimmi Homes 2 Geographical Boundaries and Muslim Space 3 Ṣulḥ Land, ʿAnwa Land and Dhimmi Space 4 Tax 5 Employment in State Administration 6 Festivals 7 Dhimmi Marriage 8 The Dhimmi Wife and the Female Body 9 Death, Burial and the Afterlife 10 Conclusion: Separate Space and Private Space in Aḥkām ahl al-dhimma Chapter 6 The Relational Space of Personal Interaction 1 Greeting 2 Visiting the Sick and Attending Funerals 3 Commercial Exchange and Business Partnerships 4 Conversion to Islam and Marriage Relations 5 The Female Convert’s Relations with her Non-Muslim Family 6 The Male Convert’s Relations with his Non-Muslim Family 7 Mixed Marriages and Shared Households 8 Conclusion: The Characterisation of the Dhimmi Chapter 7 The Relational Space of Public Performance 1 Structural Incorporation of the Pact of ʿUmar in Aḥkām Ahl al-Dhimma 2 Ibn al-Qayyim’s Sources for the Pact of ʿUmar 3 Ibn al-Qayyim’s Presentation of the Pact of ʿUmar 4 Stage Props: Movable Religious Symbols 5 Stage Backdrop: Non-Movable Religious Symbols 6 Scripting Dhimmi Performance: Regulating Appearance and Comportment 7 Conclusion Chapter 8 The Contested Space of Non-Muslim Children 1 Aḥkām Ahl al-Dhimma and the Question of Dhimmi Children 2 Sources and Framing 3 Children in This Abode: Legal Responsibility and Religious Education 4 Legitimising the Non-Muslim Status of the Child 5 Legitimising the Conversion of the Non-Muslim Child 6 Sunni Positions on the Fate of Non-Muslim Children After Death 7 Ibn al-Qayyim’s Review of the Positions 8 Conclusion Conclusion Space, Religious Difference and Aḥkām ahl al-dhimma 1 Space in Aḥkām ahl al-dhimma 2 Muslims and non-Muslims in Aḥkām Ahl al-Dhimma 3 The Place of Dhimmis in the Abode of Islam 4 Identity, Alterity and Power 5 Aḥkām Ahl al-Dhimma, Regulatory Discourse about Dhimmis andIbn al-Qayyim Bibliography Index of Authors Index of Subjects Antonia Bosanquet́ђةs Minding Their Place is the first full-length study of Ibn al-Qayyiḿђةs (d. 751/1350) collection of rulings relating to non-Muslim subjects, ÀıÆk♯ѓm ahl al-dhimma . It offers a detailed study of the structure, content and authorial method of the work, arguing that it represents the authoŕђةs personal composition rather than a synthesis of medieval rulings, as it has often been understood. On this basis, Antonia Bosanquet analyses how Ibn al-Qayyiḿђةs presentation of rulings in ÀıÆk♯ѓm ahl al-dhimma uses space to convey his view of religious hierarchy. She considers his answer to the question of whether non-Muslims have a place in the Abode of Islam, how this is defined and how his definition contributes to Ibn al-Qayyiḿђةs broader theological world-view Antonia Bosanquet's Minding Their Place is the first full-length study of Ibn al-Qayyim's (d. 751/1350) collection of rulings relating to non-Muslim subjects, Aḥkām ahl al-dhimma . It offers a detailed study of the structure, content and authorial method of the work, arguing that it represents the author's personal composition rather than a synthesis of medieval rulings, as it has often been understood. On this basis, Antonia Bosanquet analyses how Ibn al-Qayyim's presentation of rulings in Aḥkām ahl al-dhimma uses space to convey his view of religious hierarchy. She considers his answer to the question of whether non-Muslims have a place in the Abode of Islam, how this is defined and how his definition contributes to Ibn al-Qayyim's broader theological world-view Introduction -- Part I. Aḥkām ahl al-dhimma: Text and Content: 1. Author, Text and Reception -- 2. Historical Background -- 3. Literary Precedents -- 4. Structure and Method -- Part II. Space in Aḥkām ahl al-dhimma: 5. Separate Space -- 6. The Relational Space of Personal Interaction -- 7. The Relational Space of Public Performance -- 8. The Contested Space of Non-Muslim Children -- Conclusion: Space, Religious Difference and Aḥkām ahl al-dhimma -- Bibliography 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 Akm ahl al-dhimma . She shows how his definition of their social role develops his theological view of inter-religious relations.