Non-Muslims in the Early Islamic Empire: From Surrender to Coexistence (Cambridge Studies in Islamic Civilization)

"The Muslim conquest of the East in the seventh century entailed the subjugation of Christians, Jews, Zoroastrians, and others. Although much has been written about the status of non-Muslims in the Islamic empire, no previous works have examined how the rules applying to minorities were formulated. Milka Levy-Rubin's remarkable book traces the emergence of these regulations from the first surrender agreements in the immediate aftermath of conquest to the formation of the canonic document called the Pact of Ụmar, which was formalized under the early Ạbbasids, in the first half of the ninth century. What the study reveals is that the conquered peoples themselves played a major role in the creation of these policies, and that these were based on long-standing traditions, customs, and institutions from earlier pre-Islamic cultures that originated in the worlds of both the conquerors and the conquered. In its connections to Roman, Byzantine, and Sasanian traditions, the book will appeal to historians of Europe as well as Arabia and Persia"-- Résumé de l'éditeur Cover Non-Muslims in the Early Islamic Empire Cambridge Studies in Islamic Civilization Title Copyright Dedication Contents Illustrations Preface Introduction HISTORY OF RESEARCH Goals of the Present Research The Structure of the Book 1. The Roots and Authenticity of the Surrender Agreements in the Seventh Century TREATIES BEFORE THE MUSLIM CONQUEST Treaties with the Sasanians Treaties with the Barbarians and the Arabs Barbarians Arabs LOCAL SURRENDER AGREEMENTS DURING THE ROMANAND BYZANTINE PERIOD The Position of the Cities in the East during the Hostilities between the Romans and the Sasanians The History of Surrender Agreements Made by Cities Prior to the Muslim Conquest SURRENDER AGREEMENTS MADE FOLLOWING THE MUSLIM CONQUEST The Terminology Amān Baqt The Verb qāta' a 'alā The Procedure of Surrendering Actual Copies of the Agreements The Structure of the Agreements The Characteristics of the Agreements Formulae of Oaths The Stipulations Detailed Agreements Payments and Gifts Accompanying Surrender CONCLUSION 2. Shurūt 'Umar and Its Alternatives: The Legal Debate over the Status of the Dhimmīs THE DATING AND THE FORMATION OF SHURŪT 'UMAR LEGAL DISCUSSIONS THROUGHOUT THE EIGHTH AND NINTH CENTURIES THE COMPOSITION OF THE GENERAL SULH DOCUMENTS CONCLUSION 3. The Date and the Ideology of the Ghiyār Code THE SOURCES REGARDING 'UMAR B. 'ABD AL- 'AZIZ’S EDICT THE IDEOLOGY BEHIND THE EDICT THE DATE OF THE ADOPTION OF IRANIAN DRESS CODES 4. The Enforcement of Shurūt 'Umar RESTRICTIONS UPON THE DHIMMĪ S PRIOR TO AL-MUTAWAKKIL THE RESTRICTIONS ISSUED BY AL-MUTAWAKKIL THE LONG-LASTING ENFORCEMENT OF AL-MUTAWAKKIL’S RESTRICTIONS 5. The Provenance of the Modes of Subordination of Non-Muslims THE STATUS OF MINORITIES IN ANCIENT NEAR EASTERN SOCIETIES THE STATUS OF MINORITIES IN THE BYZANTINE AND SASANIAN EMPIRES Jews in Byzantine Society Non-Zoroastrians in Sasanian Society MUSLIM AND PRE-MUSLIM MODES OF SUBORDINATION COMPARED Byzantine and Sasanian Precedents to Muslim Law Regarding Non-Muslims Rules Regarding Non-Muslims that Cannot Be Traced Back to Byzantine or Zoroastrian Law THE SASANIAN ORIGINS OF THE SOCIAL POSITION OF NON-MUSLIMSIN ISLAMICATE SOCIETY The Rejection and Adoption of Royal Sasanian Manners and Status Symbols The Dibīrs and the Dihqāns as Transmitters of Cultural and Social Concepts THE IDEOLOGY OF THE IRANIAN CLASS SYSTEM The Iranian Class System: Between Ethos and Reality THE ADOPTION OF SASANIAN ARISTOCRATIC ETHOS BY THE MUSLIMS The Status of Mawālī in Early Muslim Society The Dhimmīs as a Social Stratum within Islamicate Society The Concept of Ghiyār The ‘Unprecendented’ Clauses of the Shurūt as Part of the New Social Ethos Clause 5: The Obligation to Show Respect to Muslims and Give Them Priority in Seating (and on the Road) Clause 6: The Prohibition on Resembling Muslims Clause 7: The Prohibition on Using Saddles, Girding Swords, and Carrying Arms Clause 8: The Prohibition on Having Seals Engraved in Arabic Clause 10: The Requirement to Clip the Front of the Hair Clause 11: The Requirement ‘to Dress the Same Way Wherever We May Be and to Bind the Zunnār around Our Waists’ Clause 12: The Prohibitions on Processions, Clappers, Raising of the Voice, and Showing Lights CONCLUSION Conclusion Appendix I: Al - Turtūshī’s Version of Shurūt 'Umar SHURŪT 'UMAR Appendix II: Al-Shāfi'ī’s Version of the Pact to Be Accorded to Non-Muslim Subjects Al-Shāfiī’s Version Of The Pact To Be Accorded To Non-Muslim Subjects Notes Introduction 1. The Roots and Authenticity of the Surrender Agreements in the Seventh Century 2. Shurūt 'Umar and Its Alternatives 3. The Date and the Ideology of the Ghiyār Code 4. The Enforcement of Shurūt 'Umar 5. The Provenance of the Modes of Subordination of Non-Muslims Glossary Bibliography Primary Sources Secondary Sources Index "The Muslim conquest of the East in the seventh century entailed the subjugation of Christians, Jews, Zoroastrians, and others. Although much has been written about the status of non-Muslims in the Islamic empire, no previous works have examined how the rules applying to minorities were formulated. Milka Levy-Rubin's remarkable book traces the emergence of these regulations from the first surrender agreements in the immediate aftermath of conquest to the formation of the canonic document called the Pact of Ụmar, which was formalized under the early Ạbbasids, in the first half of the ninth century. What the study reveals is that the conquered peoples themselves played a major role in the creation of these policies, and that these were based on long-standing traditions, customs, and institutions from earlier pre-Islamic cultures that originated in the worlds of both the conquerors and the conquered. In its connections to Roman, Byzantine, and Sasanian traditions, the book will appeal to historians of Europe as well as Arabia and Persia"-- Résumé de l'éditeur "The Muslim conquest of the East in the seventh century entailed the subjugation of Christians, Jews, Zoroastrians, and others. Although much has been written about the status of non-Muslims in the Islamic empire, no previous works have examined how the rules applying to minorities were formulated. Milka Levy-Rubin's remarkable book traces the emergence of these regulations from the first surrender agreements in the immediate aftermath of conquest to the formation of the canonic document called the Pact of Ụmar, which was formalized under the early Ạbbasids, in the first half of the ninth century. What the study reveals is that the conquered peoples themselves played a major role in the creation of these policies, and that these were based on long-standing traditions, customs, and institutions from earlier pre-Islamic cultures that originated in the worlds of both the conquerors and the conquered. In its connections to Roman, Byzantine, and Sasanian traditions, the book will appeal to historians of Europe as well as Arabia and Persia"--Provided by publisher The Muslim conquest of the East in the seventh century entailed the subjugation of Christians, Jews, Zoroastrians and others. Although much has been written about the status of non-Muslims in the Islamic empire, no previous works have examined how the rules applying to minorities were formulated. Milka Levy-Rubin's remarkable book traces the emergence of these regulations from the first surrender agreements in the immediate aftermath of conquest to the formation of the canonic document called the Pact of 'Umar, which was formalized under the early 'Abbasids, in the first half of the ninth century. The study reveals that the conquered peoples themselves played a major role in the creation of these policies and that they were based on long-standing traditions, customs and institutions from earlier pre-Islamic cultures that originated in the worlds of both the conquerors and the conquered. In its connections to Roman, Byzantine and Sasanian traditions, the book will appeal to historians of Europe as well as Arabia and Persia. Shows how regulations that applied to minorities in early Islamic societies were based on traditions originating from the conquerors and the conquered