سﺪﻘﻤﻟا ﺖﻴﺒﻟ ﻲﻓﺮﻌﻤﻟا عوﺮﺸﻤﻠﻟ ﺔﻴﻧوﺮﺘﻜﻟﻹا ﺔﺒﺘﻜﻤﻟا

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2 ISLAMIC JERUSALEM AND ITS CHRISTIANS

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4 ISLAMIC JERUSALEM AND ITS CHRISTIANS A History of Tolerance and Tensions MAHER Y. ABU-MUNSHAR Tauris Academic Studies LONDON NEW YORK

5 Published in 2007 by Tauris Academic Studies, an imprint of I.B.Tauris & Co Ltd 6 Salem Road, London W2 4BU 175 Fifth Avenue, New York NY In the United States of America and Canada distributed by Palgrave Macmillan a division of St. Martin s Press, 175 Fifth Avenue, New York NY Copyright 2007 Maher Abu-Munshar The right of Maher Abu-Munshar to be identified as the author of this work has been asserted by the author in accordance with the Copyright, Designs and Patent Act All rights reserved. Except for brief quotations in a review, this book, or any part thereof, may not be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the publisher. Library of Middle East History 13 ISBN: A full CIP record for this book is available from the British Library A full CIP record is available from the Library of Congress Library of Congress Catalog Card Number: available Printed and bound in India by Replika Press Pvt. Ltd From camera-ready copy edited and supplied by the author

6 To my beloved wife Alla

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8 CONTENTS Acknowledgments Introduction 1. Islamic sources and the treatment of non-muslims 2. Umar s treatment of Christians 3. Umar and the Christians of Islamic Jerusalem 4. Salah al-din s treatment of Christians 5. Salah al-din and the Christians of Islamic Jerusalem Conclusion Notes Bibliography Glossary Index ix

9 LIST OF TABLES Table 1 Narrator Chains in Ibn Asakir s Five Versions 66 LIST OF FIGURES Figure 1 The Region of Islamicjerusalem 6

10 ACKNOWLEDGMENTS Responsibility for this book rests with me, but I wish to express my deep appreciation to those who have helped me along the way. My deepest and sincere gratitude to His Highness Shaikh Hamdan Bin Rashid Al-Maktoum, the Deputy Ruler of Dubai and Minster of Finance and Industry of United Arab Emirates and to the Islamic Research Academy (ISRA) UK for their support throughout the duration of this research. I owe an immense debt of gratitude to Professor Abd al-fattah El-Awaisi, founder of the new field of Islamicjerusalem studies, for inspiring me with his passion for the subject and for his scholarly insight and support. I am also greatly indebted to Dr Mahdi Zahraa for his invaluable guidance and constructive criticism which made this book possible. In addition, I would like to thank Professor Malory Nye for his suggestions and encouragement and for being available whenever I needed his advice, and Dr Alhagi Manta Drammeh for his encouragement and support. I wish to thank the staff of the al-maktoum Institute, who were invariably helpful and knowledgeable. Thanks are also due to my students and colleagues at the institute, who have been a source both of friendship and inspiration, and I would like to acknowledge the assistance of Dr Khalid El-Awaisi in helping me to produce a camera-ready version of this book. Above all, I am eternally grateful to my parents, Younes Abu- Munshar and Khairiyya al-dwaik, for their unending love, encouragement, patience and prayers during my research, and

11 x ISLAMIC JERUSALEM AND ITS CHRISTIANS for the values they instilled in me and the love they gave me. I am also deeply grateful to my brothers, sisters and family-in-law for being a constant source of inspiration, support and encouragement, especially my mother-in-law, Aisha. Last but not least, I wish to thank my wonderful wife Alla, whose indescribable patience, support and encouragement have helped me at all stages of this project. She spent many evenings with me hovering over the computer screen. Her help has been invaluable. I wish to express my love to my two-year-old son Salahudin, for making this endeavour a breeze by his smiles and giggles and for eagerly waiting for me at home many evenings and weekends hoping that I would finish my work early and come home to play with him. I hope I can now make up to him the lost time. Finally, I wish to express my appreciation to other individuals and libraries too numerous to mention, for their invaluable assistance. Maher Abu-Munshar Dundee

12 INTRODUCTION Islamic Jerusalem (Bayt al-maqdis) is no ordinary place: its significance reaches far beyond its physical stones. During its turbulent history, the followers of all three monotheistic religions made strenuous efforts to conquer the city by any means and at any cost. The era of Muslim rule in Islamic Jerusalem is long compared to some other periods in the city s history. It embraces two distinct phases, the first and principal one being the Muslim conquest under the leadership of Caliph Umar Ibn al-khattab (d. 24 AH 1 / 644 CE). The second Muslim conquest of Islamic Jerusalem was led by Sultan Salah al-din (d. 589 AH/ 1193 CE). These two periods witnessed a history of both tolerance and tension towards non-muslims, and especially Christians. Caliph Umar liberated the Christians from the domination and persecution of Byzantine rule, and allowed Jews to return to the city after being expelled for nearly five hundred years. The second conquest freed Muslims, Eastern Orthodox Christians and Jews from the domination of the Latin Crusaders. The main aim of this book is to discuss the Muslim treatment of Christians in Islamic Jerusalem and the surrounding Muslim state, focussing on the attitudes and policies of Umar and Salah al-din. These two rulers created a model atmosphere of tolerance and peaceful coexistence among the followers of different religions, and enabled Christians and Jews to live side by side peacefully after centuries of tension. The book s objective has been achieved, first, by identifying the Muslim

13 2 ISLAMIC JERUSALEM AND ITS CHRISTIANS conquerors unique vision of Islamic Jerusalem towards non- Muslims, based on information from Islamic primary sources. Second, by a detailed study of the reigns of Umar and Salah al- Din, and providing a better understanding of certain historical events in regard to Christians. Third, by conducting a comparative study of these two periods, presenting new data and contributing to the academic debate on the subject. Together these three methods set out principles by which Muslims should deal with Christians. Those that do take an academic approach discuss only This book comes under the umbrella of Islamicjerusalem studies, a new and intellectually stimulating field of inquiry that attempts to deal with the region of Islamicjerusalem using interdisciplinary and multidisciplinary approaches. Islamicjerusalem is the name given to a region of about fifteen thousand square kilometres that encompassed not only the walled city of Aelia Capitolina (the Roman name for Jerusalem), but also the towns of Jenin in the north, Jericho in the east, Karak (in modern Jordan) and Zoar in the south and Jaffa in the west including the areas in between (see Fig. 1). 2 This specialized field of study developed when Professor Abd al-fattah El-Awaisi, 3 from his work in the United Kingdom, became painfully aware of the lack of serious academic research on Jerusalem from an Arab and Muslim point of view, since most research has been undertaken by orientalist, western or Israeli writers. Hence, the history of the region under Muslim rule has been subject to much alteration and distortion. 4 Although there is a vast literature by Arab and Muslim writers dealing with the issue of Palestine in general and Jerusalem in particular, the majority of these studies are of poor quality, as they address the subject either emotionally or politically. Those that do take an academic approach discuss only contemporary Jerusalem, as a city with east and west parts. 5 As indicated, a central difference between Islamicjerusalem studies and Jerusalem studies is that the former does not confine itself to Jerusalem as a city, but considers it as a region, as El-Awaisi explains:

14 INTRODUCTION 3 Islamicjerusalem studies can be fairly eventually characterized and defined as a new branch of human knowledge based on interdisciplinary and multidisciplinary approaches. It aims to investigate all matters related to the Islamicjerusalem region, explore and examine its various aspects, and to provide a critical analytic understanding of the new frame of reference; in order to identify the nature of Islamicjerusalem and to understand the uniqueness of this region and its effects on the rest of the world in both historical and contemporary context. 6 This new field is developing rapidly. I was one of the first students to complete a Ph.D in Islamicjerusalem studies, and became the first teaching fellow and later lecturer in this subject at the Al-Maktoum Institute for Arabic and Islamic Studies in Dundee, Scotland. The concept of Islamicjerusalem has been further defined by El-Awaisi as: A new terminology for a new concept, which may be translated into the Arabic language as Bayt al-maqdis. It can be fairly and eventually characterized and defined as a unique region laden with a rich historical background, religious significances, cultural attachments, competing political and religious claims, international interests and various aspects that affect the rest of the world in both historical and contemporary contexts. It has a central frame of reference and a vital nature with three principal intertwined elements: its geographical location (land and boundaries), its people (population), and its unique and creative inclusive vision, to administrate that land and its people, as a model for multiculturalism. 7 This vision of Islamicjerusalem is inclusive and accepts diversity. It is therefore of crucial significance to investigate the Muslim treatment of Christians in Islamicjerusalem in previous periods of Muslim rule.

15 4 ISLAMIC JERUSALEM AND ITS CHRISTIANS At first the research for this book seemed straightforward, as the sources are abundant and readily available. However, progress was hampered in several ways. The shortcomings of the classical juristic and historical literature are that they tend to report historical events without critical analysis, and do not focus on the Muslim treatment of Christians during and after the first and second Muslim conquests of Islamic Jerusalem. In addition, differing versions of the key document, Umar s Assurance of Safety to the People of Aelia, have been reported by early historians, who, like others, have paid little attention to its importance. Early Muslim historians and jurists are also not in agreement about the origins of other significant documents, in particular the Pact of Umar and the peace treaty with the Christian Banu Taghlib tribe. Later, at the time of Salah al-din, Muslim historians once again reported events merely in descriptive form, while in most cases non-muslim historians have discussed the Crusader period rather than Muslim relations with Christians. In general, the difficulties of studying the Muslim treatment of Christians are, first, that one has to refer to both juristic and historical literature. Second, most of the literature especially the juristic books and those covering the first Muslim conquest is in Arabic, with some sources in Italian and French. Third, the historical information, particularly from the period of Umar, was documented long after the actual events. The narratives do not agree, and the different versions of important documents and historical facts add to the problem of assessing their authenticity. Fourth, the task was made more complex because of diverse opinions between followers of the schools of fiqh (Muslim jurisprudence). Among early Muslim jurists and scholars these differences were mainly on issues of how Muslims should treat non-muslims, on the rights and obligations of dhimmis (non- Muslim citizens) and on aspects of the jizyah tax paid by dhimmis These were a natural consequence of divergent opinions on the interpretation of Qur anic verses dealing with non-muslims, which reflected the particular school of thought of the jurist or

16 INTRODUCTION 5 scholar as well as the method of reasoning used. For example, the Hanafi and Maliki schools were quite lenient in their treatment of non-muslims, while the Shafi i and Hanbali schools were more restrictive. For the purposes of this book, I have selected a number of juristic and Qur anic interpretations and have avoided details of their disagreements except where absolutely necessary. Among western historians, the history of Islamic Jerusalem during the two periods under discussion has suffered from falsification, and has been strongly attacked by a number of authors who consider that Muslim policies contained much oppression and aggression towards non-muslims. Some of these writers, for example Abraham and Haddad, went further, asserting that the Muslim system classified non-muslims as second- or even third-class citizens. 8 However, an analysis of their work shows that their conclusion was based not on scholarly investigation, but on arbitrarily selected information from a wide range of sources. The best way to deal with such contradictory data is to examine the juristic principles involved, as is done in chapter one. This chapter reviews the evidence of the Qur an and the Sunnah, 9 a careful reading of which sheds fresh light on the events under discussion. In particular, the tolerance and freedom of religion expressed in the Qur an are made explicit, as well as the concept of human brotherhood. The purpose and meaning of the dhimma pact in Islam, of the jizyah tax and the reasons for imposing it, and the obligations and rights of the dhimmi are also explained. A brief overview of the concept of jihad is given, and its role in relation to non-muslims. However, it is not only a question of the framework that Muslim leaders followed, but of their personal attitudes, and a brief study is made of the backgrounds of Umar Ibn al-khattab and Salah al-din. The second and fourth chapters focus on the treatment of Christians by these two leaders outside Islamic Jerusalem. When events in the years before and after the conquests are examined from the perspective of the two rulers, a clearer picture of their intentions and policies emerges.

17 6 ISLAMIC JERUSALEM AND ITS CHRISTIANS The need to examine and re-examine sources also looms large when the treatment of Christians in Islamic Jerusalem is discussed in chapters three and five. Their treatment under the first Muslim conquest is investigated with special reference to Umar s Assurance of Safety to the People of Aelia, and under the second conquest it is assessed in light of Salah al-din s liberation of Islamic Jerusalem. The conclusion summarizes these findings, with some critical remarks and recommendations. Figure 1: The Region of Islamicjerusalem Khalid El-Awaisi Source: El-Awaisi, K

18 1 ISLAMIC SOURCES AND THE TREATMENT OF NON-MUSLIMS The attitude of Caliph Umar Ibn al-khattab and Sultan Salah al- Din towards non-muslims did not arise out of a vacuum, but was inspired by religious injunctions and principles. Unfortunately, because Islam is based on a divine revelation, there is a misconception that it can neither live with, tolerate nor cooperate with the followers of other religions such as Judaism and Christianity. This view has caused prejudice against Islam as a religion that promotes violence, and against Muslims as inherently militant and irrational people. The intention of this chapter is not to tackle differences of belief between Muslims and non-muslims, or to discuss the history of non-muslims in Muslim states, except where particularly relevant. Its aim is to explain, from the point of view of the Qur an and Sunnah point, the behaviour that should characterize Muslim dealings with non-muslims in daily life and the rules that are applicable to non-muslims. There is no doubt that this subject has held a distinctive position in Muslim jurisprudence and historical literature. This can be seen in the Qur an, in prophetic traditions, in fatwas and in the practical applications of caliphs and Muslim jurists. 1 The degree of concern expressed in Muslim law indicates the perceived role of Islam in building solid relations between Muslims and non-muslims in a Muslim state. Its importance is

19 8 ISLAMIC JERUSALEM AND ITS CHRISTIANS evident in the debates among Muslim jurists that have taken place in the past, and are taking place in the present. During Muslim history, certain leaders particularly the Fatamids 2 have deviated from Islamic guidelines and committed Islamically unacceptable acts against non-muslims. This was the result of their perversion and violation of Islamic precepts. In discussing Muslim treatment of non-muslims, many authors have selected examples that are not derived from Islamic guidelines. In most cases, the conclusions they reached were that Muslims treated non-muslims badly compared with the teachings of the Qur an and the Sunnah. The Muslim view of tolerance and freedom of religion, and the concept of human brotherhood in the Qur an and in prophetic traditions are discussed below. The dhimma pact in Islam and the jizyah tax are also examined, along with a brief overview of jihad and its relation to non-muslims. Muslim Jurisprudence and Non-Muslims Muslim jurisprudence is based on four sources: first and foremost the Qur an, followed by the Sunnah. 3 Islamic rules concerning belief, legislation (shari ah) and morality are all based on these two sources. If the Qur an and Sunnah texts are limited, their general principles can be used as criteria for similar and parallel situations. This helps to provide rules and principles for human behaviour until the Day of Judgement. Generations of learned Muslim scholars have elaborated on both these primary sources. They recognized the general principles and objectives of the rules, and followed the spirit of them in their judgements and fatwas for new situations. This led to the establishment of consensus (ijma ) 4 and analogy (qiyas). 5 The important point to remember is that only the Qur an and Sunnah are considered as primary sources; the rest are secondary. When the Prophet Muhammad and his companions migrated from Makkah to Madinah, the first Muslim state was established there under the Prophet s leadership. From the beginning, rules and regulations were required to govern relations between

20 ISLAMIC SOURCES AND THE TREATMENT OF NON-MUSLIMS 9 Muslims and non-muslims, both those who lived outside the state and those under Muslim rule. No Muslim state has ever been without non-muslims, so such regulations were essential. Nor was the Muslim state ever perceived as a monopoly of Muslims, and it was intended that members of other religions should enjoy living in it. In some cases, for example after the first Muslim conquest of Islamic Jerusalem, the number of non- Muslims even exceeded that of Muslims. 6 Appropriate rules had to be created to cover their rights and obligations, as they were also citizens, so that they could live in peace and participate in public life. The regulations were intended to bring public prosperity and mutual understanding between the different religions, in place of conflict and hatred. In general, the basis for the treatment of non-muslims under Muslim rule was sought in the Qur an and in the Prophet Muhammad s dealings with certain non-muslim communities, and in the policies of his immediate successors in light of that guidance. The Qur an and the People of the Book The Qur an divides non-muslims into two main categories: the People of the Book and the idolaters. The title People of the Book (ahl al-kitab) is given to Jews and Christians. In Arabic, alkitab means the book; and in Islamic terminology the Book refers to Scripture. The People of the Book have a special position in the Qur an, since their religions were originally based on revealed books such as the Torah and the Bible. 7 Compared to other religions, Jews and Christians are closer to Muslims than those who are unbelievers or atheists. The beliefs and values that are common to Muslims and the People of the Book can be summarized in four basic principles. 8 First, Judaism, Christianity and Islam all believe in one Creator, who has created the entire universe and is omnipotent. Second, they believe in prophethood, that the Creator has sent messengers or prophets throughout history to guide humanity, to reconcile them to their Creator and to lead them into the path

21 10 ISLAMIC JERUSALEM AND ITS CHRISTIANS of truth. Third, all three faiths believe in divine revelation, as shown in the Scriptures (holy books) that have been revealed to the prophets in order to guide humanity. There may be strongly felt differences as to which Scriptures are relatively more authentic and have not been changed. But the central concept of belief in Scripture is found in all three religions. Fourth, all of them believe in the law of divine punishment and in the hereafter, and that people in the hereafter will be rewarded or punished according to their beliefs and their compliance with the moral code expounded by the prophets throughout history. In that sense, regardless of the differences, the areas described above provide ground for commonality between Muslims on the one hand and Jews and Christians on the other. As a religion of peace, Islam sets out the following injunctions for Muslims to observe in their treatment of Jews and Christians (ahl al-kitab): Do not argue with the People of the Book unless in the best manner, save with those of them who do wrong: and say: We believe in what has been sent down to us and in what has been sent down to you. 9 According to this verse, common ground should be found. Al- Qaradawi, a well-known Egyptian scholar, argues that Muslims are required to deal with ahl al-kitab not only in a good way but in the best way. 10 He believes that the Qur an granted them a special position by referring to them several times as ahl al-kitab rather than as Jews and Christians. The Qur an signals friendship when it tells Muslims that they are allowed to eat the food of Christians and Jews, while forbidding them to eat the food of other groups such as Magians (Majus) and Sabians: This day are [all] things good and pure made lawful unto you. The food of the people of the Book is lawful unto you and yours is lawful unto them. [Lawful unto you in marriage] chaste women who are believers, but also chaste women among the People of the Book, revealed before your time. 11

22 ISLAMIC SOURCES AND THE TREATMENT OF NON-MUSLIMS 11 Consistent with the above, marriage is permitted with the People of the Book on the same terms that a Muslim man would marry a Muslim woman. This is not, however, applicable to others, such as pagans, Hindus, etc. In Islam, marriage is considered as a divine covenant, and mercy, respect and love should be outstanding characteristics of the husband/wife relationship. Even after marriage, the Qur an permits a non-muslim woman to observe her faith and celebrate her religious festivals without hindrance from the husband. 12 This shows the level of tolerance in Islam towards a woman from the People of the Book who will be the Muslim s partner throughout life, the mother of his children and the one with whom he shares his inmost thoughts. As the Qur an says And: They are your garments and ye are their garments. 13 Among His Signs is this that He created for you mates from among yourselves, that ye may dwell in tranquillity with them, and He has put love and mercy between your [hearts]. Verily in these are Signs for those who reflect. 14 The significance of the People of the Book in Islam was clearly portrayed at the beginning of Muslim history when Muslims were a minority in Makkah. At that time there was a prolonged armed conflict between the two powerful northern neighbours of the Arabian peninsula, the Byzantine and Persian empires. 15 In 614 CE Parwez, a Persian leader, occupied Aelia and proclaimed victory over the Roman Empire. Muslims might have been expected to welcome this, as they are nearer geographically to Persia than to Rome. However, Persians were Zoroastrians, while Romans were People of the Book. The Makkans who were pagan unbelievers identified themselves with the Persians and were elated by Parwaz s victory, while the Muslims, who numbered only a few hundred at the time, sympathized with the Christians in Aelia. This was because the

23 12 ISLAMIC JERUSALEM AND ITS CHRISTIANS Prophet had recognized Jesus as a true Prophet of God, the Bible as originally based on divine revelation and Aelia (Islamic Jerusalem) as a holy city. The Makkans insulted the Muslims because they were on the losing side. The Qur an reacted to this and prophesied that the Christian defeat at the hands of the Persians and the pagan jubilation at those defeats would both be short-lived: The Romans [Byzantines] have been defeated in the land close by: but they, [even] after [this] defeat, will soon be victorious. Within a few years, To God will be the Command in the Past and in the Future: On that day with the help of God, shall the believers rejoice. He gives victory to whom He will, and He is exalted in Might, Most Merciful. 16 There are a large number of verses in the Qur an pertaining to Muslim treatment of non-muslims, whether in or outside the Muslim state. The four main Qur anic injunctions focus on: Human brotherhood Religious tolerance Justice and fair treatment Loyalty and alliance Human brotherhood Many verses in the Qur an refer to humankind being one nation emanating from a single origin. The Qur an emphasizes that all people were created from one person, Adam, 17 although they differ in size, race, language, nation, tribe, and whether they are believer or atheist, good or bad, constructive or destructive. These differences should not contradict the principle of unity. They are intended, rather, to serve as a medium for people to come together and not to enter into conflict or to despise one another. 18

24 ISLAMIC SOURCES AND THE TREATMENT OF NON-MUSLIMS 13 Consequently, the protection, rights and security of non- Muslims are derived from the principle of human brotherhood, since all mankind is the creation of God, the only God, without discrimination between Muslims and non-muslims. Islam enjoins and promotes universal brotherhood, peace and unity. The only difference that the Qur an recognizes is in piety towards God (taqwa): O mankind! We created you from a single [pair] of a male and a female, and made you into nations and tribes, that ye may know each other [i.e. not that ye may despise each other]. Verily the most honoured of you in the sight of God is [he who is] the most righteous of you. And God has full Knowledge and is well acquainted [with all things]. 19 As this verse shows, Islam honours mankind, especially believers in God, and mankind should promote peace, unity and universal brotherhood. Religious tolerance Religious tolerance is an essential cornerstone for the peaceful coexistence of different religious groups in a community, and is an important right given by Islam to non-muslims. The Qur an frequently calls for tolerance and respect towards the People of the Book, who are entitled to freedom of belief, conscience and worship. Neither the Qur an nor the sayings of the Prophet have ever encouraged the use of force, pressure or manipulation in regard to religious belief. The most obvious verse that emphasises freedom of religion is the following: Let there be no compulsion in religion 20 The reason is that faith, to be genuine, needs to be an absolutely free and voluntary act. Indeed, this verse was revealed to condemn the attitude of some Jews and Madinans those newly converted to Islam in Madinah who wished to convert their children to their new faith. 21 It is clearly stressed that faith is an

25 14 ISLAMIC JERUSALEM AND ITS CHRISTIANS individual commitment and even parents must refrain from interfering. The very nature of faith, as emphasized in the basic text of Islam, is that it is a voluntary act born out of conviction and freedom. Commenting on the above verse, Ibn Kathir 22 (d. 774 AH / 1372 CE) argues that Islam is very clear on this point and that no one must force anyone else to embrace Islam. He states that those who have been guided by God will embrace Islam. However, for those whose hearts God has blinded, it is of no use to accept Islam, because without good will they would not benefit from being forced. 23 Qutb 24 (d AH /1966 CE), a well-known Egyptian thinker in the Muslim Brothers and a Qur anic interpreter, highlights the central concept derived from the verse freedom of creed and freedom of choice. He believes that this requires the honouring of the human being and respect for his thoughts, will and feelings, and for his choice either to believe, or to reject belief and accept the consequences. Qutb argues that freedom of belief is the most basic right that identifies man as a human being; to deny anyone this right is to deny his or her humanity. 25 Muhammad Abu Zahra, a contemporary Egyptian jurist, comments that the Islamic rules governing human relations wholly respect freedom of creed and belief. 26 He adds that the Qur an rejects compulsion to make people embrace a certain religion, and forbids Muslims to compel anyone to adopt a creed or belief. By the same token, Abdelati, another Egyptian scholar, says that Islam takes this position because religion depends upon faith, will and commitment. 27 He suggests that these three aspects are worth nothing if they have been induced by force and compulsion. In addition, al-mawdudi, a noted Pakistani scholar, say that the term religion in this verse signifies belief in God, and that the entire system of life as it should be led rests upon it. The verse s meaning, he says, is that the system of Islam, embracing moral beliefs and practical conduct, cannot be imposed by force. 28 Wahba al-zuhaili, a leading contemporary Syrian jurist commenting on this verse, agrees that compulsion in religion is

26 ISLAMIC SOURCES AND THE TREATMENT OF NON-MUSLIMS 15 prohibited. The Qur an does not accept forcing non-muslims to convert to Islam as a right approach. 29 Malekian went further, positing a link between the concept of freedom in religion and the words of God, For persecution is worse than slaughter. 30 He claims that this phrase attributes blame to those who persecute others for religious reasons. He emphasizes that interference in the matter of religion is prohibited by Muslim law, and that no one, whether Muslim or non-muslim, should be forced to accept another religion or be persecuted by others on religious grounds. 31 An example from the Umayyad period ( CE) demonstrating freedom of religion is when Caliph al-walid Ibn Abd al-malik forcibly took possession of part of a Christian cathedral in Damascus and incorporated it into a mosque. No redress took place under his successor, Caliph Yazyd Ibn al- Walid Ibn Abd al-malik, but when Caliph Umar Ibn Abd al- Aziz succeeded him, the Christians of Damascus reported this injustice. Umar wrote to the official in charge to pull down the portion of the mosque that had formerly belonged to the cathedral, and the land was handed back to the Christians. 32 When Ammar Ibn Yasir, one of the Prophet s companions, was forced under torture to say that he was a non-believer and was made to curse God and the Prophet, a Qur anic verse was revealed to declare that what Ammar had uttered was invalid, since he had spoken those words under duress: Anyone who, after accepting faith in God, declares himself unbeliever under compulsion is still a believer, his heart remaining firm in faith. 33 Based on the example of Ammar, one can say that the concept of compulsion of anyone is not acceptable in Islam. Indeed, compulsion has never been an appropriate way of converting anyone to a religion. It is therefore logical to say that once the force is removed, the belief that was expressed under force will also go; thus compulsion is useless. Furthermore, if someone is forced to take an action under pressure, he will be pushed into

27 16 ISLAMIC JERUSALEM AND ITS CHRISTIANS hypocrisy; as a result, the user of force will have to bear responsibility for his own behaviour. The religious freedom of a non-muslim is to be fully protected, and he/she is to be given total freedom to profess his/her religion. Justice and fair treatment The fundamental Qur anic verses that determine the nature of Muslim treatment of non-muslims are the following: God forbids you not, with regard to those who fight you not for [your] Faith nor drive you out of your homes, from dealing kindly and justly with them: For God loves those who are just. God only forbids you, with regard to those who fight you for [your] faith, and drive you out of your homes, and support [others] in driving you out, from turning to them [for friendship and protection]. It is such as turn to them [in these circumstances] that do wrong. 34 Set out here are very important injunctions determining the attitude of Muslims to non-muslims. They are obviously not prevented from establishing good relationships with non- Muslims. On the contrary, the Muslim treatment of non- Muslims should be based on principles of good relationship and justice, especially towards those who have peaceful intentions towards Muslims. More specifically, Muslims are asked to deal with non-muslims kindly and justly, unless the latter are out to destroy Muslims and their faith. Al-Tabari 35 (d. 310 AH/922 CE) concludes that the most accurate interpretation of these verses is that Muslims should be just and fair, and have the best relationship with those non- Muslims who are not hostile to Muslims on account of their religion, or drive Muslims from their homes. This includes people of all faiths and sects. Support of this strong opinion comes from the story of Asma and her mother (see below). Al- Tabari says that God ordered Muslims to treat non-muslims kindly and justly, and that God loves those who treat people in this way. God s orders are generalized with no exclusion of any

28 ISLAMIC SOURCES AND THE TREATMENT OF NON-MUSLIMS 17 particular group or religion. Al-Tabari s view is that God excluded from the above injunction those who caused harm to or waged war against Muslims, and warned Muslims not to be supporters or allies of these groups, or they would be disobeying the command of God. 36 In like manner, al-qurtubi 37 (d. 761 AH /1360 CE) comments that this verse represents permission from God to establish good relationships with non-muslims, especially those who do not treat Muslims as enemies 38 or wage war against them. He agrees with Ibn al- Arabi 39 (d. 543 AH /1148 CE), who interprets the meaning of dealing justly (Arabic tuqsitu) differently from other Qur anic scholars, when he says that this term does not, in fact, imply being just with non-muslims, as the translation seems to indicate. 40 According to Ibn al- Arabi, tuqsitu means supporting non-muslims financially as a demonstration of good relations, because, in light of another verse, Muslim justice is obligatory towards everybody, whether friend or foe. Moreover, al-zamakhshari 41 (d.538 AH /1143 CE) says that God gave permission to Muslims to deal justly with non- Muslims who do not wage war against them. However, in his permission God excluded those who cause harm to Muslims and wage war against them. The interpretation of dealing justly means to treat non-muslims justly and not to oppress them. 42 Al-Razi 43 (d. 604 AH /1207 CE) agrees with these interpretations and adds that the verse is an authorization of good relations with non-muslims. In interpreting dealing justly, al-razi quotes Ibn Abbas (a well-known companion of the Prophet), who considers that it means having a good relationship. Al-Razi quotes Muqatil when he comments on For God loves those who are just, saying that Muslims must adhere to agreements with non-muslims and treat them justly. 44 Ibn Kathir in his attempts to interpret this verse, says that it contains the permission to perform good deeds to those who do not fight Muslims in the matter of religion or drive them from their homes. In addition, it enjoins Muslims to deal with non- Muslims kindly, justly and equitably. 45 Qutb discusses the verse

29 18 ISLAMIC JERUSALEM AND ITS CHRISTIANS and concludes that this good and just relationship should not be disturbed. But, as is the case with other Qur anic interpretations, Qutb stipulates that this attitude to non-muslims can change if their aggression has to be dealt with, or if the breaking of a truce is expected, or an obstacle develops to delivering the message of Islam. Apart from that, the behaviour should be based on peace, love and justice for all mankind. 46 To sum up, the general rule for the treatment of non-muslims by Muslims is very clearly spelled out and leads to two important observations. First, the basis of this treatment should be justice and kindness, that is, peaceful coexistence. It is also obvious that deviation from the basic rule of friendship and peaceful coexistence can be justified only in certain exceptional situations. These include, for example, when people fight Muslims because of their faith, or try to destroy the Muslim religious identity. This exception is logical, based as it is on the concept of selfpreservation. The other exception given in the verse is when Muslims are driven from their homes, when violence and hostility are used against them, or when support is given to others to force Muslims from their homes. Second, the use of the two keywords kindly and justly is significant. To be just, in addition to what has been said, means that Muslims cannot persecute non-muslims, take away their rights or otherwise damage them simply because they are non- Muslims. To be kind (tabarruhum) comes from the Arabic word birr, which goes beyond the implication of kindness or justice and has no exact equivalent in English. The Qur an uses birr for the basis of the relationship between Muslims and non-muslims. The word is normally used to describe the way a Muslim should deal with his or her parents, and encompasses everything that is good in a relationship. Muslim scholars, for example Mawlawi, a contemporary Lebanese jurist, argue that birr is the foundation of the relationship between Muslims and non-muslims. Mawlawi goes further, claiming that birr is derived from everything that is good, decent, respectable and compassionate. 47 In Muslim literature, especially in the prophetic traditions, the Prophet Muhammad uses birr for the relationship between a

30 ISLAMIC SOURCES AND THE TREATMENT OF NON-MUSLIMS 19 person and his parents. A person needs to birr his parents, meaning a treatment that is more than kindness. It is thus obvious that, on the basis of this general rule in the Qur an, any non-muslim who accepts the need for peaceful coexistence with Muslims is to be treated with birr justly and kindly. Imam al- Bukhari (d. 256 AH /860 CE) reported that Asma, the daughter of Abu Bakr, the first caliph, said: My mother came to me while she was still a polytheist, so I asked God s messenger: My mother, who is ill-disposed to Islam, has come to visit me. She wants something from me. Shall I maintain [good] relations with her? the Prophet replied, Yes, maintain [good] relations with your mother. 48 Interestingly, Imam al-qarafi (d. 684 AH /1285 CE), a wellknown Maliki jurist, considered that birr or fair treatment to non-muslims consists of the following: Showing kindness to their weak and helping their poor and destitute, and feeding their hungry, clothing their naked, and uttering kind words to them from the position of grace and mercy and not from the position of fear and disgrace and removing their hardship as their neighbours if you [Muslims] have power to remove it, praying for their guidance so that they can become happy and fortunate people, giving them good advice in all their affairs the affairs of this world and the hereafter and looking after their interest in their absence. If anyone hurts them and deprives them of their property or family, possessions or their rights, you should help them by removing their persecution and make sure to restore all their rights back to them. 49 On the other hand, it is also reasonable to say that those who incite hostility or hatred against Muslims and try to destroy them cannot expect to have this kind of friendship. This not only applies to non-muslims; if a Muslim violates the dictates of

31 20 ISLAMIC JERUSALEM AND ITS CHRISTIANS Islam, he or she will be punished. Likewise, a non-muslim who violates the terms of agreement with Muslims and the Muslim state should also be punished. The issue is no more than a requirement to comply with the rules. As far as the concept of justice is concerned, justice ( adl) must be seen to be done towards Muslims and non-muslims alike. Islam calls for justice not only for Muslims but for all mankind, irrespective of creed, colour, race and nationality. One Qur anic verse says: O ye who believe! Stand out firmly for God, as witnesses to fair dealing, and let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to Piety: and fear God. For God is well acquainted with all that ye do. 50 This implies that implementing justice and acting righteously in a favourable or neutral atmosphere is meritorious enough; however, the real test comes when one has to act justly towards people one hates or for whom one has an aversion. This verse was revealed to show the need to deal justly with the Jews in Madinah, whom the Prophet had asked to contribute to the blood money of the two men from Banu Amer who had been killed by Amir Ibn Umayyah. In the Prophet s presence, the Jews pretended that they had agreed to contribute, but behind his back they were plotting how to kill him. God informed the Prophet of their intention, and the Prophet was very angry about this betrayal. However, God revealed the above verse to ask him not to act unjustly against the Jews over this incident. 51 Al-Zamakhshari interprets this verse to mean that Muslims should not act unjustly against non-muslims by killing their women and children or breaking agreements with them simply through hatred. He concludes that Islam has strongly commanded Muslims to be just in their dealings with non- Muslims. 52 Interestingly, al-qurtubi adds that even if non- Muslims kill Muslim women and children and caused great

32 ISLAMIC SOURCES AND THE TREATMENT OF NON-MUSLIMS 21 sadness, Muslims are not allowed to imitate them, as this would prevent justice taking place. 53 Similarly, Ibn Kathir interprets this verse to mean that a Muslim should not let the hatred of a particular group be a reason for injustice. 54 Justice should be applicable to everybody, both friends and enemies, for God says, be just: that is next to piety. Abu Zahra explains that human relations as regulated by Islam are based on justice, whether the relations are with a loyal or a hostile group. 55 He refers to the above verse, and stresses that justice should be conducive to piety. This and preceding verses define the general principle for Muslim relations and for the treatment of non-muslims. If some non-muslims are hostile, cruel, or make trouble, it is not permitted for a Muslim who is in power to deviate even slightly from the path of justice in dealing with them. Finally, the Qur an urges Muslims to base their relations with non-muslims on peaceful cooperation, and warns them against placing religious solidarity over covenanted rights and the principles of justice. Loyalty and alliance Fair treatment of non-muslims and cooperation with them are not the same as loyalty (al-muwalah). Rather, they are practical ways of promoting good and combating evil. There is a distortion of the word loyalty that expands its meaning to include cooperation. The loyalty that the Qur an warns about is where a Muslim favours non-muslims over Muslims when granting love and support. This issue is clarified in several Qur anic verses, for example: Let not the Believers take for allies or helpers Unbelievers rather than Believers. 56 Also: To the hypocrites give the good tidings that there is for them but a grievous penalty. Those who take for Alliance

33 22 ISLAMIC JERUSALEM AND ITS CHRISTIANS unbelievers rather than believers: Is it honour they seek among them? Nay, all honour is with God. 57 In his explanation of these verses, al-tabari says that they prohibit Muslims, first, from being like non-muslims in their morals and values, and second, from preferring non-muslims over Muslims. But he adds that loyalty could even mean supporting non-believers in their efforts against Muslims, such as spying on the Muslim state to the benefit of its rivals and enemies. This type of loyalty is at the expense of Muslims. There is an enormous difference between this and cooperating with Muslim interests for the collective well-being. 58 The question that arises is how Muslims can fulfil the meaning of birr, love, kindness, affection, and good treatment regarding non-muslims, when the Qur an itself forbids loyalty to non- Muslims and condemns Muslims who take on non-muslims as helpers, allies, and supporters, as illustrated in verses like the following: O ye who believe! Take not the Jews and the Christians for your allies. They are but allies to each other. And he amongst you that turns to them [for alliance] is of them. Verily God guides not an unjust people. 59 In an attempt to answer this question, al-qaradawi points out that these verses are not unconditional, to be applied to every single Jew, Christian, or non-muslim. Interpreting them in this manner contradicts the injunctions of the Qur an to show affection and kindness to the benign and peace-loving peoples of every religion. 60 Most Qur anic commentators have linked their interpretation to the reason behind the revelation of this verse. For example, al-zamakhshari and Ibn Kathir 61 say that Muslims should not take on Christians and Jews as supporters, or even support them as if they were Muslims. Al-Zamakhshari explains this by quoting that they are allies to each other. 62 Both then refer to the reason behind the revelation, which is that Ubada Ibn al-samit abandoned his Jewish allies. However, when

34 ISLAMIC SOURCES AND THE TREATMENT OF NON-MUSLIMS 23 the Prophet asked Abdullah Ibn Ubay to do the same he refused, saying that he feared the Jews might defeat the Muslims, and should that happen he wanted to be in favour with the Jews and to use that for his own advantage. 63 Al-Razi agreed with al-zamakhshari on the reason for the revelation, adding that not to take Jews and the Christians for your allies means not to rely on or ask them for support. 64 Al- Qurtubi states that anyone who takes on Jews and Christians as supporters against Muslims is to be considered as one of the Jews and Christians. He gives a further two reasons for the revelation, 65 with which Ibn Kathir agrees. 66 The first concerns two Muslim men. After observing the defeat of Muslims in the battle of Uhud, 67 one of them decided to become an ally of the Jews, the other an ally of the Christians. The second reason, al- Qurtubi says, is that the verse was revealed after Abu Lubabah s incident, which he does not describe. It seems clear that whatever this incident was, it led to prohibiting Muslims from taking on Jews and Christians as supporters against their own faith. Other verses in the Qur an are specific to unbelievers in general rather than to the People of the Book, and prohibit Muslims from taking on unbelievers as allies against Muslims or instead of Muslims. 68 An-Na im, a contemporary Sudanese scholar, considers that these verses should have been seen as providing the necessary psychological support for the survival and cohesion of a vulnerable community of Muslims in a hostile environment. 69 However, it should be borne in mind that the warning against taking Jewish or Christian allies is not general in application and does not include every individual Christian or Jew. If it were so inclusive, it would contradict other verses and instructions in the Qur an that permit kindness to those who are decent, have good relations with Muslims and cause them no harm. The following verse in that Qur anic chapter says: Those in whose hearts is a disease. Thou seest how eagerly they run about amongst them [non-muslims], saying We do fear lest a change of fortune bring us disaster. Ah!

35 24 ISLAMIC JERUSALEM AND ITS CHRISTIANS Perhaps God will give thee [Muslims] victory, or a decision from Him then will make them regret the thoughts, which they secretly harbour in their hearts. 70 It is very important to refer to the circumstances in which this verse was revealed. It deals specifically with certain hypocrites who were in the Muslim ranks. On the surface, they claimed to be Muslims. However, they thought it possible that non- Muslims who were in conflict with Muslims at that time might gain the upper hand or even achieve victory. Therefore, they secretly tried to keep up their friendship and alliance with the non-muslims, even when the latter were actively hostile to Muslims. They did this in the hope that, if the Muslims were victorious, they could support them publicly because they saw themselves as being in the Muslim ranks. On the other hand, if the non-muslims were the victors, the hypocrites could ask them for protection from the Muslims because they had friendly ties with the non-muslims. It is clear that the Qur an is condemning this kind of behaviour from pseudo-believers who called themselves Muslims. In spite of this, the Qur an does not dismiss the possibility of future reconciliation. Moreover, Muslims are encouraged to hope for better circumstances and improved relationships. One verse says: It may be that God will establish friendship between you and those whom ye [now] hold as enemies. 71 This shows the attitude of Islam towards those who harm Muslims. As mentioned above, Islam gives a person the right to defend his/her life and his/her rights, but there is still an appeal to repay evil with good if this will result in improved relations. All these verses, both friendly and hostile, are circumstantial, that is, they refer to particular incidents, individuals or groups of people. They did not prevent Muslims from taking on non- Muslims as allies because they were not Muslims, but were associated with particular historical incidents in which a Muslim