Non-Muslims in the Early Islamic Empire: From Surrender to Coexistence

285 Pages·2011·2.19 MB·English

by  Milka Levy-Rubin

Non-Muslims in the Early Islamic Empire
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 fi rst surrender
agreements in the immediate aftermath of conquest to the formation of
the canonic document called the Pact of ʿ Umar, which was formalized
under the early ʿ Abba 4 sids in the fi rst 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 tra-
ditions, the book will appeal to historians of Europe as well as Arabia
and Persia.
Milka Levy-Rubin is a Lecturer in History and Middle Eastern Studies
at The Hebrew University of Jerusalem and Curator of the Humanities
Collection at the National Library of Israel. She is the author of The
Continuatio of the Samaritan Chronicle of Abu 4 ʿl-Fath al-Sa4mirı̄ al-
Danafi (2002).

Cambridge Studies in Islamic Civilization
Editorial Board
David O. Morgan , Professor Emeritus, University of Wisconsin-Madison
(general editor)
Shahab Ahmed , Harvard University
Virginia Aksan , McMaster University
Michael Cook , Princeton University
Peter Jackson , Keele University
Chase F. Robinson , The Graduate Center, The City University
of New York
Published titles are listed at the back of the book .

Non-Muslims in the Early Islamic Empire
From Surrender to Coexistence
MILKA LEVY-RUBIN
The Hebrew University of Jerusalem
and the National Library of Israel
cambridge university press
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Singapore, São Paulo, Delhi, Tokyo, Mexico City
Cambridge University Press
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© Milka Levy-Rubin 2011
This publication is in copyright. Subject to statutory exception
and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without the written
permission of Cambridge University Press.
First published 2011
Printed in the United States of America
A catalog record for this publication is available from the British Library.
Library of Congress Cataloging in Publication Data
Levy-Rubin, Milka, 1955–
Non-Muslims in the early Islamic Empire : from surrender to coexistence /
Milka Levy-Rubin.
p. cm. – (Cambridge studies in Islamic civilization)
Includes bibliographical references and index.
isbn 978-1-107-00433-7 (hardback)
1. Dhimmis – Legal status, laws, etc. – Islamic Empire – History.
2. Religious minorities – Legal status, laws, etc. – Islamic Empire – History.
3. Islamic Empire – Ethnic relations. 4. Minorities (Islamic law)
5. Islam and state – Islamic Empire – History. 6. Islam and politics – Islamic
Empire – History. 7. Religious tolerance – Islamic Empire – History.
8. Islamic Empire – Politics and government. I. Title.
ds 36.9. d 47l49 2011
305.60956′09021–dc22 2010043663
isbn 978-1-107-00433-7 Hardback
Cambridge University Press has no responsibility for the persistence or accuracy of url s
for external or third-party Internet Web sites referred to in this publication and does not
guarantee that any content on such Web sites is, or will remain, accurate or appropriate.
In memory of my father

Contents
List of Illustrations page xi
Preface x iii
Introduction 1
1. The Roots and Authenticity of the Surrender Agreements
in the Seventh Century 8
Treaties before the Muslim Conquest 1 0
Local Surrender Agreements during the Roman
and Byzantine Period 2 1
Surrender Agreements Made following the Muslim Conquest 3 2
Conclusion 5 7
2. Shuru4 t  ʿ Umar and Its Alternatives: The Legal Debate over
the Status of the Dhimmı̄ s 5 8
The Dating and the Formation of Shuru4 t  ʿ Umar 6 0
Legal Discussions throughout the Eighth and Ninth Centuries 6 3
The Composition of the General s u lh  Documents 6 8
Conclusion 8 5
3. The Date and the Ideology of the Ghiya 4 r Code 8 8
The Sources regarding ʿ Umar b. ʿ Abd al- ʿ Azı 3 z’s Edict 8 9
The Ideology behind the Edict 9 2
The Date of the Adoption of Iranian Dress Codes 9 6
4. The Enforcement of Shuru 4 t  ʿ Umar 9 9
Restrictions upon the Dhimmı3 s prior to al-Mutawakkil 1 00
The Restrictions Issued by al-Mutawakkil 1 03
The Long-Lasting Enforcement of al-Mutawakkil’s Restrictions 1 08
ix