Professional Documents
Culture Documents
Arabic To English Translation of Islamic Religious Texts Dissertation
Arabic To English Translation of Islamic Religious Texts Dissertation
CHAPTER 1: INTRODUCTION
With the rise oI globalization and the proliIeration oI electronic media,
intercultural communications, together with translation, has taken on an important role
the international community not only in terms oI accessing inIormation, but also in
Iorming a basis Ior understanding between cultures. Through translation, deeply
embedded religious and cultural values may be understood since there is an undeniable
connection between language and way oI liIe. At a time when relations between the West
and Islamic East have become more strained since the events oI September 11
th
,
translation may be seen as an avenue Ior bridging the gap between the two worlds. One
signiIicant area oIten misunderstood between the two cultures is that oI religion, which in
the Islamic world Iorms the basis oI society. Deep Islamic values and belieIs may be
Iound in religious texts or what are described in translation studies as 'sensitive texts'.
A translator oI religious texts Irom Arabic into English must take into account
several Iactors when translating 'sensitive' texts Irom Arabic into English. Translating
Arabic religious texts involves not only problems at a linguistic level, including lexical
and syntactic manipulation and the reIormulation oI concepts, but also ideational hurdles
that need to be mediated between the source text producer and reader. The objective oI
this thesis is to apply certain theoretical principles established in the Iield oI Translation
to the translation oI the Islamic text entitled, ,-'--' ,= _- ,-`-` '-=' _-'-- - ,-
(Islam's Just Treatment oI Non-Muslims), in order to help establish a Iramework Ior the
translation oI Arabic Islamist texts into English.
The thesis begins with this introduction and is Iollowed by Chapter 2, which is
my own translation oI the Arabic source text into English. Chapter 2 contains within it a
transliteration key, which is applicable to both the translation and in the Commentary
sections oI this thesis. Chapter 2 also contains a glossary Ior the translation, which serves
to place important terms, proper nouns and reIerents into context. The glossary is
discussed in the Commentary and is seen as playing a vital role in the translation oI
Arabic Islamic texts into English by minimizing the cultural distance between the West
and Islamic East.
Chapter 3 contains a review oI literature surrounding the translation oI 'sensitive'
texts, especially as is related to the cultural implications arising Irom the translation oI
2
Arabic Islamic texts into English. Chapter 4 entails the methodology Iollowed in this
study, which resulted Irom a series oI questions that were determined both beIore and
during the actual translation oI the source text. Questions range Irom how to choose the
best Qur'anic translations to overcoming ideational hurdles in translation and how to deal
with terminology. These questions contribute to the overall organization oI the thesis and
laid the groundwork Ior research on this topic.
Chapter 5 may be considered the main body oI discussion and operates at two
primary levels, while bringing into perspective the cultural challenges at both levels: 1)
rhetorical/syntactic considerations and; 2) lexical considerations. Discussion in this
chapter and the practical application oI theory led to the development oI a translation
Iramework Ior the translation oI Arabic Islamic texts into English (Appendix A). Early in
this chapter, it is argued that political Islamic texts may be identiIied as 'sensitive' texts
since they transcend linguistic boundaries made up oI culture-speciIic background
knowledge and shared political attitudes. Such texts demand cultural negotiation on the
part oI the translator, who helps to establish common ground between the ST culture
target culture. It will be demonstrated how the through-argumentation Iound in Arabic
Islamic text may be seen as a hold over Irom the oral tradition and presents an obstacle in
translation when weighed against alternatives that might compromise ST Iidelity. This
chapter also explores the source text producer's intentionality not only in producing the
Arabic source text, but his/her aim in having the ST translated Ior the 'other' culture. An
argument is made Ior utilizing rhetorical Intertextuality to create reader Iriendliness.
The second part oI Chapter 5 Iocuses on the analysis oI ST terminology and
encourages the translator to retain ST 'Arabicness' as much as possible in a way that
might educate the western reader and yet avoid alienation. It becomes clear that the
translator arrives at a balance between domesticating a text and retaining 'Arabicness'
analogous to the Gricean principle oI minimal processing Ior maximal eIIect as measured
against greater processing eIIorts Ior a greater reward. Here it is argued that 'decentering'
the West oIIers a signiIicant reward through compensating the TL audience with a greater
Arab perspective on Islam at a time when there appears to be a renewed western interest
in the Islamic East.
3
The conclusion oI this thesis summarizes the research and is Iollowed by a
Iramework Ior the translation oI Arabic Islamic texts into English, which is Iound in
Appendix A. Appendix B contains the Arabic Source text itselI as a reIerence Ior the
reader.
4
Translators PreIace
This translation was undertaken in IulIillment oI master's degree in
English/Arabic/English Translation and Interpreting at the American University oI
Sharjah. and with the intent oI bringing the western reader to a closer understanding oI
Islam. The Arabic source text was chosen Ior the contemporary issues that it addresses,
while based upon early scriptures Iound in the Qur'an and narratives Irom the Hadith.
With the events oI September 11
th
now overshadowed by the Iraqi War in its third year
and the Palestinians Iacing their 57
th
year oI Israeli occupation, the author oI Islam's
Justice towards Non-Muslims traces events Irom early Islamic history which make
evident Islamic principles calling Ior justice, respect and dignity Ior all people. The
author's message is clear as he highlights speciIic examples showing the just treatment
which the Islamic State practiced when dealing with non-Muslims, particularly during
times oI war and imprisonment. Without a doubt, the author's objective is to make the
reader understand: 1) Islam is a peaceIul and just religion and; 2) The treatment oI
Muslims by occupying Iorces in the Arab world today may at times be seen as a direct
aIIront to the principles oI Islam and all that it stands Ior. It is the translator's hope that
the western reader will gain a greater appreciation Ior Islam and its people through
reading this translated text.
" We believe in that which has been revealed to us and revealed to you, and our Allah
and your Allah (God) are One, and to Him do we submit." |Shakir 29:46|
5
Transliteration Key
In this translation, Arabic words phrases and names are given in the Roman alphabet
(using a conventional transliterating system based largely on the symbols oI the
International Phonetic Association). A guide to the pronunciation oI these Romanized
Iorms is given below.
English Arabic Phonetic Description Approximate English
b voiced labial stop b as in boy
d voiced alveolar stop as in day
d emphatic voiced alveolar stop does not exist
I voiceless labio-dental Iricative as in Iar
h - voiceless glottal Iricative as in horse
h voiceless pharyngeal Iricative does not exist
j voiced palato-alveolar Iricative as in jet
k voiceless velar stop as in kite
l alveolar lateral as in light
m bilabial nasal as in may
n alveolar nasal as in next
q uvular stop does not exist
r alveolar trill as in red
s voiceless alveolar Iricative as in sit
s emphatic voiceless alveolar Iricative does not exist
t voiceless dental Iricative as in test
t emphatic voiceless alveolar stop does not exist
z voiced alveolar Iricative as in zebra
z emphatic voiced alveolar Iricative dh or z (depends on
region)
glottal stop a
' voiced pharyngeal Iricative does not exist
6
sh voiceless palato-alveolar Iricative as in shade
th voiceless dental Iricative as in theatre
dh voiced dental Iricative as in that
kh voiceless velar Iricative does not exist
gh voiced telar Iricative does not exist
y palatal glide as in yellow
w bilabial approximant as in wall
Vowel Phonetic Description English equivalent
a short low back vowel (Iatah) as in Amsterdam
aa long low back vowel as in Iar
i short high Iront vowel as in inside
ii long high Iront vowel as in clean
u short high back vowel as in to go
uu long high back vowel as in noon
a (Iinal) ta marbuta does not exit
7
CHAPTER 2: TRANSLATION OF ARABIC SOURCE TEXT
Islam's Just Treatment oI
Non-Muslims
By
Dr. Salameh M. Al HaIi Al Bluwi
University oI Sharjah
Translated by Ann Ainlay Chebbo
"Allah asks that you be just and kind to those who have neither
fought against you, on account of religion, nor driven you from
your homes. Verily, Allah loves those who behave justly."
(Surra 60:8)
+''=
A Debate with the West
8
Authors Table oI Contents Translated...8
Forward...9
CHAPTER 1: RIGHTS OF THE AHAL DHIMMA...12
Discussion 1: The Right to Protection....13
Practical Examples oI Just Treatment towards the Ahal Dhimma...16
1. Equality beIore the Law.....16
2. A Muslim Fined the Price oI a Pig.18
3. An Incident between Dahqan Salihiin and Sa'id bin Malak...................18
4. A Coptic Punished the Son oI the Governor oI Egypt....................19
5. Just Treatment to the People oI Samarkand....20
6. Muslima bin Abdul Malak and the People oI Dir Ishaq....21
7. The Egyptian Jews and Judge Ibn Hajira....21
8. The 'Ummayad Amir and a Dhimmi Irom Ahal Humos.................22
Discussion 2: Social Security...................23
Discussion 3: Freedom oI Worship and BelieI.........27
Discussion 4: Labor Rights and Holding Public Positions...33
CHAPTER 2: ISLAMIC WAR ETHICS...........37
Discussion 1: A General View oI Non-Muslim War Ethics.................37
Discussion 2: Humane Treatment during War..39
Discussion 3: Treatment oI Prisoners...44
CONCLUSION........57
Authors Footnotes Translated.....60
Authors ReIerences Translated.......69
Translation Glossary....74
9
In the name oI Allah, the Most MerciIul, the Most Compassionate
Forward
Non-Muslim citizens in an Islamic society have been traditionally reIerred to as
the ahal dhimma or dhimmis
1
The dhimma or pledge established by Allah through His
Prophet Mohammed (PBUH) and among all Muslims guarantees the ahal dhimma
protection under Islam and the right to live in security and peace and to practice their own
religious traditions Ireely, enjoying the rights oI Iull citizenship.
Qur'anic injunctions (toujiihat) unequivocally advocate tolerance and peaceIul co-
existence between people regardless oI religion, color, belieI, and race. These injunctions
urge Muslims to display religious tolerance in their everyday practices in compliance
with Divine Order (al khaliq al kariim):
"and you shall speak to men good words and keep up prayer and pay the poor-
rate. Then you turned back except a Iew oI you and (now too) you turn aside."
|Shakir 2:83|
2
The noble call (da'uwa) Ior Muslims to be tolerant and courteous in word and
deed serves the ultimate purpose oI Muslims cleansing themselves Irom hatred, animosity
and ill-will to be replaced love and tolerance:
" Repel (evil) with what is best, when lo! he between whom and you was enmity would
be as iI he were a warm Iriend." |Shakir 41:34|
3
The Qur'anic verses pertaining to non-Muslim citizens (dhimmis) exceed the
above-stated expectations, asking Muslims to be kind to the ahal dhimma and to deal
justly with them,
"Allah does not Iorbid you respecting those who have not made war against you
on account oI (your) religion, and have not driven you Iorth Irom your homes,
that you show them kindness and deal with them justly; surely Allah loves the
doers oI justice." |Shakir 60:8|
4
Muslims (in the great Islamic State) were transparent in their treatment oI
dhimmis and concerned about their Ieelings to the point that they avoided arguing with
them except with a positive way. This they were convinced would attract the dhimmis to
Islam and help maintain unity and security among all people in the Islamic society. It was
10
believed that the Islamic State would progress and prosper through the spirit oI teamwork
and joint eIIorts between Muslims and non-Muslims:
"And do not dispute with the Iollowers oI the Book except by what is best, except
those oI them who act unjustly, and say: We believe in that which has been
revealed to us and revealed to you, and our Allah and your Allah is One, and to
Him do we submit." |Shakir 29:46|
5
Dhimmis were made to Ieel that they were an integral part oI Islamic society and
liIe as is made evident in the Holy Qur'an's call Ior co-existence between the Iollowers oI
the three divine religions. This call is made maniIest in Islam's permitting male Muslims
to marry non-Muslim women, whether Christians or Jews. Such intermarriage is believed
to result in the establishment oI complex social, economic and moral relations.
Allah says, "and the Iood oI those who have been given the Book is lawIul Ior
you and your Iood is lawIul Ior them; and the chaste Irom among the believing women
and the chaste Irom among those who have been given the Book beIore you (are lawIul
Ior you); when you have given them their dowries, taking (them) in marriage, not
Iornicating nor taking them Ior paramours in secret," |Shakir 5:5|
6
The Qur'anic injunctions, Prophetic traditions and what is stated in books oI fiqh
(Islamic Jurisprudence) urge extensively the practice oI tolerance, pardon and protection
Ior the ahal dhimma living in the Islamic State. The objective oI the current study is to
highlight some oI accounts Irom this literature which make evident Islam's tolerance Ior
and protection over the ahal dhimma in all sorts oI circumstances. The subject takes on
signiIicance through witnessing the spirit oI tolerance practiced in the Islamic society and
its commitment to just Islamic teachings, thereby establishing the greatness oI the Islam
and revitalizing the spirit oI religious tolerance and justice today. Tolerance and justice
may be understood as a means Ior promoting constructive activity in the Islamic
community and a vehicle by which the Islamic nation, 'umma, might recover Irom the
state oI backwardness Irom which it currently suIIers at all levels.
This study consists oI two chapters and a conclusion. The Iirst chapter is devoted
to the rights oI the ahal dhimma through Iour discussions on: 1) the right to protection;
2) social security; 3) Ireedom oI worship and belieI and; 4) the right to work and to
assume public positions.
11
The second chapter portrays images oI human compassion during wartime and
highlights Islamic ethics in dealing with the enemy during periods oI peace and war.
Noble Islamic ethics made evident in word and deed are recounted Irom
numerous historical records surrounding the treatment oI enemies during and aIter war. It
will be shown that Islam does not permit killing and destruction aIter military operations
cease, nor does it permit the killing oI women, children, priests or the elderly as long as
they do not engage in war. It will be made evident that Islam prohibits the torturing oI
prisoners oI war or obtaining inIormation by Iorce, while at the same time it Iorbids
revenge in the aItermath oI victory.
-Praise be to Allah.-
Dr. Salameh M. Al Bluwi Sharjah 1/4/2003
12
CHAPTER ONE
RIGHTS OF THE 'AHAL DHIMMA
Discussion 1: The Right to Protection
Discussion 2: Social Security
Discussion 3: Freedom oI Worship
Discussion 4: Labor Rights and Holding Public Positions
13
Discussion 1: The Right to Protection
Religious texts indicate that the rights oI the ahal dhimma were to be protected
and that transgression oI these rights was tantamount to an attack on the Islamic values
and ideals declared in the Constitution oI the Islamic State (ad Dustur al Hadaari al
Islami). In one oI His sayings, the Prophet said, "Whoever does wrong to a dhimmi has
done wrong to me, and he whoever does wrong to me has done wrong to Allah."
7
He
also said, "Whoever oIIends a dhimmi will be my opponent, and I will be against him on
the Day oI Resurrection."
8
The Prophet also warned against transgressing upon the ahal dhimma's
possessions or Iorcing them to do that beyond which they were capable, saying that
whoever unlawIully killed a Dhimmi would not enter Paradise. The Prophet (PBUH)
himselI said, "Whoever treats a Dhimmi unjustly by not giving him his Iull rights, or
places a burden upon him Ior which he does not have the strength, or takes anything Irom
him against his willshall Iace me as his opponent on Judgment Day."
9
It is also
narrated that the Prophet said, "Allah has Iorbidden you to enter the homes oI the People
oI the Scriptures (Bible and Torah), to beat them, or to eat Irom their Iruit trees without
permission as long as they pay their dues."
10
In another saying, the Prophet said,
"Whoever kills a dhimmi shall not taste the sweetness oI the janna even though it can be
tasted Irom a distance oI a 40 years walk."
11
Some fuqaha (Islamic legal scholars) held that committing injustice towards
dhimmis was a greater sin than that towards Muslims because the dhimmis had less
power than Muslims, believing that injustice practiced by the stronger against the weaker
may be considered a more grievous sin.
12
The property and possessions oI dhimmis were considered highly respected by the
Islamic State to the extent that whatever the ahal dhimma viewed as their religious
property had to be protected by Muslims, even though such was not the case Ior the same
property belonging to Muslims. For example, wine and pigs are Iorbidden to Muslims, so
iI anyone destroys these, the perpetrator will not be penalized. However, wine and pigs
may be owned by non-Muslims, so consequently, iI a Muslim were to destroy any oI
these possessions belonging to a dhimmi, he would be penalized and Iined.
13
14
Islamic regulations not only protected the dhimmis' themselves and their
possessions, even though these possession are unlawIul to Muslims, but also made it
unlawIul Ior Muslims to hurt dhimmis by word or deed because Allah and His Prophet
(PBUH) guaranteed their protection. ThereIore, he who showed aggression towards them
betrayed Allah and His Prophet (PBUH). This sense is reIlected in the writings oI
Muslim scholars such as Imam Al QuraIi who aIIirms, "Dhimmis are under our
protection because they are guaranteed this right by Allah and His Prophet, and whoever
oIIends them, by word even without their presence, has betrayed Allah, His Prophet and
the religion oI Islam."
14
The fuqaha (Islamic legal scholars) state that iI dhimmis are attacked, Muslims
must deIend them the way they would deIend themselves. Imam QuraIi sums up the
rights oI dhimmis in the Islamic State as Iollows, "Muslims should be lenient with the
weak and poor among the dhimmis, help the needy by providing them with Iood and
clothes, address them gently, tolerate any oIIences as a neighbor but with the right to
deIend oneselI, and extend advice to the dhimmis whenever needed."
15
The Islamic State considered Ireedom and equality Iundamental human rights
claiming that all humans, regardless oI religion, share the desire Ior dignity. The Holy
Qur'an considers dignity a sacred right Ior all mankind. Allah says:
"And surely We have honored the children oI Adam" |Shakir 17:70|
16
Human dignity is incomplete unless all types oI Ireedom are protected, personal
Ireedom, Ireedom to own property and wealth, etc... In Islam, all people are considered to
have equal rights and duties regardless oI race, ethnicity, color, or religion. This concept
is clear in the Iollowing Qur'anic verses:
"O you men! surely We have created you oI a male and a Iemale, and made you
tribes and Iamilies that you may know each other; surely the most honorable oI
you with Allah is the one among you most careIul (oI his duty); surely Allah is
Knowing, Aware." |Shakir 49:13|
17
O people! be careIul oI (your duty to) your Lord, Who created you Irom a single
being and created its mate oI the same (kind) and spread Irom these two, many
men and women; and be careIul oI (your duty to) Allah, by Whom you demand
15
one oI another (your rights), and (to) the ties oI relationship; surely Allah ever
watches over you. |Shakir 4:1|
18
In his Farewell Speech, Prophet Muhammad said, "An Arab in no better than a non-Arab
('ajami), nor is a white better than a black except unless one or the other is more pious."
On another occasion, the Prophet said, "He who calls Ior Ianaticism, or Iights Ior it, or
who dies believing in it is not one oI us."
19
He also said, "Leave it 'asabiia (Ianaticism)
because it is abominable."
20
The Holy Qur'an stresses the sanctity oI the human soul and
considers aggression against an individual, whatever his race or religion, as tantamount
to aggression toward all mankind. Allah says:
"For this reason did We prescribe to the children oI Israel that whoever slays a
soul, unless it be Ior manslaughter or Ior mischieI in the land, it is as though he
slew all men; and whoever keeps it alive, it is as though he kept alive all men;"
|Shakir 5:32|
21
In accordance with the sublime regulations (at tashriiy'at) oI the Islamic
civilization, the Islamic State was resolved to treat dhimmis in the same way that it
treated Muslims. All were equal and should receive the same services and be subject to
the same penalties. Whenever the Islamic State violated a dhimmi's rights through an
unjust resolution, the fuqaha would draw attention to the situation by those concerned.
The Imam al Awzaa'a, Ior instance, protested the decision oI the Abbasid State to
displace a group oI dhimmis Irom Mt. Lebanon because they reIused to pay the kharaj
(Iees imposed on the yield oI the land). He sent a long letter to Salah bin 'Ali bin Abbas, a
close relative oI the Caliph, protesting his decision to evacuate the Christians Irom Mt.
Lebanon, saying, "They are not slaves so that you can transIer them Irom a place to
another; they are Iree because they are dhimmis
22
Imam Awzaa'a's protest was based on the general principle established in the
Holy Qur'an, which is that "No one laden with burdens can bear another's burden,"
(17:15). Furthermore, Awzaa'a relied on the Prophet's pledge to the people oI Najran
('ahal an Najran) that none oI them should be penalized Ior a wrong done by another.
23
In his book, Tariikh al Hukmaa' ( History oI the Wise),
24
Al QaIti relays the
Iollowing story that displays the quest oI the Islamic Civilization Ior spreading the spirit
oI equality and tolerance in its society. During the reign oI the Abbaasid Khaliph Al
16
Muqtadir Bilallah (908-932m. /320-295 Hijri), the government asked the Minister 'Ali
bin 'Isa bin Al Jaraah to set up mobile hospitals to treat the sick people in 'ard suwad in
the distant areas oI Iraq. The Minister commissioned the physician, Sinaan bin Thabit, to
send a medical team to carry out the order oI the government. In one oI the regions, the
medical team Iound that some oI the citizens were Jews. They sent a letter to the Minister
asking him iI they were supposed to treat the sick Jews or not. The Minister responded
that they should treat all sick people, whether Muslims or non-Muslims.
Tolerance and equality toward the ahal dhimma reached a pinnacle in the Islamic
State when Muslim leaders and the fuqaha called Ior fida ( ransoming) both Muslim and
non-Muslim captives. For example, when the Tataars dominated Bilad as-Sham (Syria,
Lebanon, Palestine) and took many people as prisoners, Al Imam Ibn Tiimiya (782H-
1328 A.D) asked their leader Qatlou Shaa'a to release the prisoners. He agreed to release
the Muslim prisoners only, but Ibn Tiimiya insisted upon releasing all oI the prisoners
saying, "We can't agree unless all prisoners (Jewish and Christian) are released because
they are our ahal dhimma. We will not allow the the ahal dhimma nor the ahal al mila
(Muslims) to suIIer.'' When the Tataar leader saw Ibn Tiiymiya's determination, he
released all the prisoners.
25
Practical Examples oI Just Treatment toward the ahal dhimma:
1. Equality beIore the Law
Ali (May Allah be Pleased with Him) protests against his preIerential treatment
over a Jew beIore a Council oI Law
It happened that a man took Ali bin Abi Taalib to the Council oI Law oI' 'Umar
bin Al Khataab (May Allah be pleased with him) Ior a claim. Ali was at that time sitting
down. 'Umar looked to Ali and said, "Abu Hassan, stand up and sit next to your opponent
so you can argue the claim." AIter the (Jewish) man had leIt, 'Ali went back to the
Council. It appeared to 'Umar, the Judge, that 'Ali had a displeased look upon his Iace.
'Umar asked Ali, "Abu Hassan, I have seen the look on your Iace change. Are you
displeased with what happened? " 'Ali answered, "Yes." 'Umar said, "For what reason?"
'Ali answered, "You called me by my kania (surname), Abu Hassan, while using the
17
Jew's Iirst name only. You should have said, Ali, stand up and sit next to your opponent."
Then 'Umar took 'Ali's head between his hands and kissed him between the eyes.
26
In another reIerence about the same story, it is related that 'Umar said to Ali
(aIter he saw him upset), "Were you displeased Oh, Abu Hassan, when I told you to stand
next to your opponent, the one who lied to you?" Ali said, "No, Oh Amiir al Mu'miniin
(Commander oI the FaithIul). It wasn't that which upset me, but what upset me is that you
called me Abu Hassan. My opponent might have been intimidated when you addressed
me by my surname."
27
The Commander oI the FaithIul ('Ali) and a Jew
The Commander oI the FaithIul, Ali, was missing some armor that belonged to
him. AIter some time, he Iound it with a Jewish man. Ali said to the Jew, "This is my
armor that Iell Irom my camel which is an awraq (camel)."
28
The Jew said, "This is my
armor in my hand. Between you and me, let there be a Muslim judge." So, they went to
Shariih (the Judge)
29
. Shariih said, "What do you will, Oh Amiir al Mu'miniin?" Ali
said, "My armor Iell Irom my camel and this Jew picked it up." Then Shariih said, "What
do you say, Oh Jew?" The Jew said, "My armor is in my hand." Shariih then said, "You
are telling the truth, Oh Amiir al Mu'miniin. However, you need two witnesses." Then
Ali called his servant, Qanbar, and his son, Al Hassan to be his witnesses and they both
witnessed that this was 'Ali's armor. The Judge then said, I will accept the testimony oI
your servant because Islam allows it, but I will not accept the testimony oI your son,
because Islam does not allow it." Then Ali said, "Haven't you heard the Messenger oI
Allah (PBUH) saying, "Al Hassan and Al Hussein are the siyadaa shabab al janna (the
(2) masters oI the youth in heaven)?"
Then the Judge said, "Oh Allah, yes." Ali said, "Why don't you accept the
testimony oI the youth in janna?" Shariih reIused because in Islam, the testimony oI a
son Ior his Iather is not accepted in court. Ali said to the Jewish man, "Take the armor
then." Then the Jewish man said to others, "The Amiir al Mu'miniin came with me to a
Muslim judge and accepted the Judge's verdict (against the Amiir). By Allah, Oh, Amiir
al Mu'miniin, you are telling the truth. It is your armor that Iell Irom your camel and I
18
picked it up. I witness that there is no God but Allah and Muhammad is the messenger oI
Allah."
Then 'Ali gave the armor to the Jewish man and gave him also 900 dinars. This man was
later killed while Iighting by 'Ali's side in the Battle oI SaIiin.
30
2. A Muslim was Fined the Price oI a Pig He Had Killed Belonging to a Christian.
The leaders oI the Islamic State have always made sure to protect the assets oI the
ahal dhimma, even iI these belongings are Iorbidden to the Muslims Ior ownership. It is
mentioned that the Commander oI the FaithIul (Amiir al Mu'miniin), 'Ali (God be pleased
with him), Iined one Muslim the price oI a pig he had killed that belonged to a Christian.
Ali said aIter he issued the verdict, "We have given them a dhimma, so they can practice
their religion and liIe style the way they have always practiced it."
The author oI the ar Roud an Nadir (The Green Garden) comments on Ali's
verdict saying, "Since they were given the dhimma to eat pork, that means that they
should be leIt alone or not interIered with to do so. This verdict was based on the
Iollowing story: Bilal said to 'Umar bin Al Khatab (KhaliIa), "Your tax collectors
('amaal) had taken wine and pigs as jizya (poll tax). 'Umar said, "Don't take pigs and
wine Irom them. However, when they sell the wine and the pigs, take the money." That
means that they were permitted to practice their religion the way they had always
practiced it."
31
3. An Incident between Dahqan al Silhiin and Sa'id bin Maalak
Al Biihaqi narrates (3)
32
Irom Habib bin 'Abi Thaabit saying that Dahqan as
Silhiin said: "Sa'id bin Maalak claimed a Iarm I owned and he is a very powerIul man. I
came to Sa'id saying, "Give me back my land," but Sa'id ordered me punished. I said to
myselI, I will go to 'Umar bin Al Khatab. I went until I came to a city and asked about the
whereabouts oI 'Umar. When I came to his house and entered, I saw 'Umar sitting on his
'abaa'a (robe or cloak). When I came in, he liIted his head towards me and said, "It seems
to me you are not Irom our religion. I (Dahqan) said, "I am a man Irom the ahal
dhimma." 'Umar said, "What do you (Dahqan) need?" I answered, "Sa'id bin Maalak
took claim oI my Iarm and when I asked him Ior my land back, he ordered me punished."
19
'Umar then ordered his servant, YarIaa, to bring him a piece oI paper and ink, so YarIaa
brought 'Umar a box. 'Umar put his hand in the box and took out a piece oI paper and
wrote on it. Then 'Umar tried to look Ior a string to wrap the paper but couldn't Iind any,
so 'Umar took a thread Irom his abaa'a that was underneath him and wrapped the paper
with it and then handed it to me (Dhaqan). I didn't want to take it but hesitantly, I took it.
He knew what I was thinking (how could this paper help with such a powerIul man).
'Umar said, "Take this paper to him (Sa'id). II he responds positively, you will be alright.
Otherwise, write back to me." I (Dahqan) leIt his house and went straight to my Iamily.
When they asked me what I did, I said, "I went to a man who could not Iind a string to
wrap my newspaper, so he wrapped it with thread Irom his abaa'a. My Iamily said, "Why
do you care iI the man ('Umar) implements what he ordered Sa'id to do in the letter?"
Dahqan said, "I went to Sa'id and handed him the letter. When Sa'id read the letter, he
started to shake to the point where the letter Iell Irom his hand and he said, "Oh, what did
you do? Go, the land is yours." I (Dahqan) said to him, I will not accept it." Sa'id said,
"I swear to God, I will never take it." Dahqan explained to his Iamily what the letter said:
"By the name oI Allah, the most merciIul and compassionate, Irom the servant oI Allah,
'Umar, the Commander oI the FaithIul, to Sa'id bin Maalak. Peace be upon you.
Maharazad Dahqan has claimed that he had an estate next to you and you have taken it.
He came to you to ask Ior it back and you ordered him punished. II you receive my letter,
satisIy Dahqan's request (give him his land back) or come to me. Peace be with you."
4. A Coptic Punished the Son oI the Governor oI Egypt.
It happened that during the governorship oI 'Umru bin Al 'Aas (Allah be pleased
with him) in Egypt, during the Khaliphate oI 'Umar bin Al Khatab that the son oI 'Umar
bin Al 'Aas hit a Coptic in Egypt because the Coptic boy had won a horse race against
him. The Egyptian complained to 'Umar bin Al Khatab (Allah be pleased with him) who
requested, by his authority, that 'Umar and his son come to the Al Madina Al Manwara.
When they arrived, 'Umar told the Egyptian to take revenge upon the son oI Al 'Aas, so
the Egyptian hit Al 'Aas's son until he was injured badly. Then 'Umar said to him, "By
Allah, he (Al 'Aas' son) only hit you, knowing he had the power (because his Iather was
the governor) over you. The Coptic answered, "Oh, Amiir al Mu'miniin. I only hit him
20
because he hit me." The KhaliIa ('Umar) said, "By Allah, since you wanted to hit him,
we did not separate you until you Iinished with him." Then 'Umar continued with his
Iamous proverb, which has been recited by generation aIter generation, "Who gave you
the right to enslave people when they are born Iree?" Then he turned to the Egyptian and
said, "Go and iI something happens to you, write to me."
33
5. Just treatment Ior the People oI Samarkand
When the ahal dhimma saw the justice oI the Amiir al Mu'miniin ('Umar bin
Abdul Aziz) (God rest his soul), they overwhelmingly came to Damascus Ior his Council.
Manuscripts have preserved many instances which substantiate the Iact that many ahal
dhimma brought their grievances to Khalipha 'Umar Ior his council in a way never seen
in a Ummayad Khalipha beIore or aIter. The people oI Samarkand were among the Iirst
to come to 'Umar asking Ior justice. The people oI Samarkand had gone to their governor,
Suleiman bin Abi as Suri and said, "Qutayba bin Muslim betrayed us and took our land
and Allah showed us justice and Iairness. We are asking your permission to let a
delegation Irom us go to the Amiir al Mu'miniin to present our case. II we have the right
Ior something, we will be given that right." Suleiman gave them permission, so they sent
a delegation to 'Umar. 'Umar wrote to Suleiman (the governor) on their behalI, "The
people oI Samarkand have complained to me that injustice has been done by Qutayba to
the point that he drove them Irom their land. II you receive my message, appoint a judge
to review the case. II he orders in their Iavor, bring them back to their camp to settle the
way they were beIore Qutayba came to power. The governor, Suleiman, hired the Judge
Jamii'a bin Haadir. Judge bin Hadir ordered the Arabs oI Samarkand to go to their camp
and threatened (the people oI ahal al Saghid) that there would either be new
reconciliation or victory by Iorce. The people oI ahal al Saghid said, "We will accept and
will not renew the war." Both sides agreed and the 'ahal rayi (wise counselors) said:
"We have mixed with those people and we lived with them. We trusted them and they
trust us. Had the judgment been in our Iavor, we would have gone to war and no one
knows who would have triumphed. Or, had the judgment been against us, we would have
gained animosity in the conIlict." So, they leIt the situation as it was and accepted the
judgment without a dispute.
34
21
Where else does history recount such justice and tolerance Irom an army entering
a country triumphantly and a Muslim judge then ordering it to leave.
As an added saIeguard Ior the protection oI the ahal dhimma and to prevent their
oppression, 'Umar Abdul Aziz issued to Muslim lands a series oI memos:
1) lowering the jizya (poll tax) imposed on the Christians in Egypt, Cyprus, Aila, and
Najran.
35
He only took Irom the people oI Aila no more than 300 dinar, which is
the same sum oI money that the Prophet (PBUH) had agreed upon with the
Governor oI Aila when the Governor was in Tabuk.
36
2) He ordered his agent in KuIa, Zaid bin Abdul Rahman to stop over burdening
them (the KuIis) and so he stopped.
37
Abdul Aziz wrote to his agent, 'Aqaba bin
Zar'a at Taai, in charge oI collecting Kharaj, saying that he should be lenient.
38
3) He recommended to the Ummayads that they not bother the ahal dhimma. When
the Ummayad princes (Amirs) ruled the countries (conquered by Muslims), he
ordered them not to interIere with the ahal dhimma or any oI the subjects.
39
6. Muslima bin Abdul Maalak and the People oI Dir Ishaaq
Al Hakim bin 'Umar ar Ra'iini narrates that he witnessed Muslima bin Abdul
Maalak, one oI the biggest Amirs oI the 'Ummayads order a lawsuit against the people oI
Dir 'Ishaaq beIore 'Umar bin Abdul Aziz (KhaliIa and judge at that time) in Naa'ura.
'Umar said to Muslima, "Do not sit on a pillow while your opponent is standing beIore
me. However, you can have anyone represent you iI you want, but iI you appear by
yourselI, you have to be on equal Iooting with your opponent. So, Muslima had one oI
his servants represent him in the dispute and the judgment turned out to be against him.
40
7. The Egyptian Jews and Judge Abul Allah Ibn Hajiira
A delegation oI Egyptian Jews came to 'Umar bin Abdul Aziz, dissatisIied with
Justice Abdul Allah bin Hajiira Al Asghar, claiming that he had taken money Irom them
and had not returned it. Ibn Hajira admitted taking the money but claimed he had returned
it. So, 'Umar said to Ibn Hajiira, How can you prove this?
22
When Ibn Hajiira said he could not, 'Umar Iined Ibn Hajiira. Coincidentally, Ibn
Hajira remembered that there were some men who might witness on his behalI, among
them being Abdul Allah Bin Lahii'a.
41
As a result oI the policy oI tolerance practiced by 'Umar bin Abdul Aziz toward
the ahal dhimma, they began to enter Islam in large numbers. People say that Hayaan
Ibn Shariih, a governor (reagent) in Egypt, wrote to 'Umar bin Abdul Aziz saying that the
ahal dhimma had taken up Islam and were not paying their the jizya, but 'Umar bin
Abdul Aziz wrote back to him saying that God sent Muhammad (PBUH) to call people to
Islam and did not send him as a tax collector and told Ibn Shariih to welcome the ahal
dhimma into Islam.
42
8. The Ummayad Amir and a Dhimmi Irom Ahal Humos:
A dhimmi Irom the ahal Humos approached the Amiir al Muminiin, 'Umar bin
Abdul Aziz in Damascus saying, Oh, Amiir al Muminiin, I tell you, on the Qur'an, Al
Abbas bin Al Waliid conIiscated my land (Al Abbas sat listening.). Then 'Umar said,
"What do you say to this Al Abbas?" Al Abbas replied, the Amiir al Muminiin, Al
Waliid, granted me the land and wrote to me recording such. Then 'Umar said, What
do you say to this Dhimmi? and the Dhimmi said, Oh, Amiir al Muminiin, please reIer
to the book oI God (the Holy Qur'an). Then, 'Umar said, Gods book is more worthy
than the book oI Al Waliid bin Abdul Al Maalek. Return to him what is his, Abbas.
And, Abbas did.
43
'Umar Bin Abdul Al Aziz was in the habit oI asking the mail carrier about the
ahal dhimma.
44
He used to ask his workers to review the records and diwwan (government
department) accounts oI the ahal dhimma and would oIten tell his workers to clear the
ahal dhimma accounts.
45
As a result oI the honesty and Iairness oI the Islamic judge, the ahal dhimma
began to preIer him to their own judges, like Judge Ibn Shabrama who ruled the
Christians in Al Khamar.
46
23
As evidence oI this, there are accounts oI Al Shaabi whipping dhimmis in the
mosque.
47
Further, iI it was necessary Ior a dhimmi to take an oath, the judge would send
him with one oI his aids to a church to do so.
48
The dhimmi preIerred turning to the Islamic justice system rather than to their
own spiritual leaders because the Muslim judges were oIten more just and their laws
better than those imposed upon them under the ecclesiastic system. It seems that the idea
oI resorting to the Islamic judicial system bothered oI the heads oI the religious courts
belonging to the ahal dhimma. In Iact, Timotheus, the Catholic, was in Iact conscripted
to write a book describing the Christian judicial system in approximately 200 Hijri (815
A.D), just so that the Christian subjects would have no excuse Ior resorting to the Islamic
judicial system.
49
Discussion 2: Social Security
Islam does not diIIerentiate between Muslim and non-Muslims when it comes to
poverty. Both Muslims and non-Muslims are partners in humanity and Gods mercy is all
encompassing. In Islamic society, it is not permissible to ignore deprivation, whether it be
Iood, clothing, shelter or treatment. In Muslim society, keeping an individual out oI
harms way is a religious duty, whether the individual be Muslim or non-Muslim.
50
According to MustaIa (PBUH), the Prophet (PBUH), along with his companions and
pious successors set the best example oI this through his religious tolerance toward non-
Muslims. Sa'id bin Musayib relays that the Prophet (PBUH) gave a sizable donation,
sadiqa, to a Jew to show that helping non-Muslims was permissible.
51
As was the Prophet (PBUH) custom, he would warn against injustice toward the
ahal dhimma, saying, I will be witness on Judgment Day to he who treats a dhimmi
unjustly by working him too hard or by taking Irom him without his consent.
52
Prophet
Muhammad's religious tolerance oI the ahal dhimma was made maniIest through his
visits with them and his comIorting oI the sick.
53
among them. He generously shared
with the ahal dhimma; Al Bakhaari relates that the Prophet (PBUH) even gave up his
shield oI amour Ior a Jew to use as collateral so that he (the Jew) could support his
children. This the Prophet did in order to set an example to his Iollowers about the
importance oI giving to others.
54
24
The Prophet (PBUH) would use every opportunity possible to instill in others the
grandness oI Islam and its sanctity Ior the human soul. It is said that one time a Iuneral
procession passed by the Prophet and he stood out oI respect. Then someone asked him iI
did not know that the procession was Ior a Jew.
55
The Prophet replied saying, "All souls
in Islam are graced with dignity and respect", once again exempliIying the marvels oI
Islam.
Based on the teachings oI the Qur'an and Hadith, the rulers and subjects in the
Islamic State were to protect the honor and dignity oI the ahal dhimma and to combat
any poverty among them. For example, some oI the Prophet's Iollowers would give
Christian Monks in the Islamic State the sadaqa al fitr (almsgiving at the end oI
Ramadan) without hesitation. Ibn Hazim, went so Iar as to permit giving the zakat to the
ahal dhimmah
56
and that Abdul Allah bin 'Umar gave a sacriIicial lamb, al adhiya, to a
neighbor oI his who was a dhimmi because he saw it as his neighborly duty.
57
It is documented that 'Umar Bin Al Khatab is considered one oI the Iirst to oIIer
oIIicial social security beneIits to the poor among the non-Muslims in the Islamic State.
This came about aIter he inspected the conditions oI his subjects and came upon an
elderly blind man who was begging Ior money. 'Umar asked the man about his religious
aIIiliation and what had led him to this demise. The man told him he was Jewish and that
he was begging Ior Iood and money to pay the al jizya. 'Umar took the man by his hand
and led him to the treasury overseer. He then asked the treasurer to allocate money on a
continuous and regular basis to the man and others like him. He continued by saying that
it was not right Ior a man to work while he was young and then be neglected when he
became older. 'Umar then, in an unprecedented manner, exempted the man and other poor
elderly non-Muslims Irom paying the jizya.
58
When 'Umar was visiting al Jaabiya in Damascus, he passed by a group oI
Christian lepers who were also begging. Again, he ordered that they be given Iood and
Sadaqa (charitable money).
59
As Iurther evidence oI 'Umars tolerance toward non-Muslims, it is recorded that
Khaalid bin Al Waliid, aIter taking permission Irom 'Umar, said to the people oI al Heira,
Any man who becomes too weak to work, Ialls ill, or has Iallen Irom wealth shall be
exempt Irom paying the jizya, and he along with his children will receive support Irom
25
the Bayt Maal al Muslimiin (the Islamic Treasury) as long as he lives in the dar al Islam
(Islamic State) in dar al Hijra (Diaspora)."
60
Even upon his death bed, upon making his last wish (wasiya), 'Umar bin Al
Khataab spoke oI religious tolerance toward the ahal dhimma, insisting that they be dealt
with compassionately and that they should not be made to carry more than they could
bear. He said this even knowing that the man who had stabbed him and was responsible
Ior his condition came Irom among the dhimmis (Abu Lulua Al Majuusi). 'Umar
continued by saying, I ask that my successor be kind to the ahal dhimma; neither should
he cheat nor swindle them, and he should argue on their behalI, insisting again and again
not to over burden the ahal dhimma.
61
Fearing that any one Muslim might be treating the ahal dhimma poorly, al
Farouk ('Umar al Khataab) would oIten inquire oI delegates coming Irom aIar about the
ahal dhimma, worried that the Muslims might be mistreating them. The delegates would
always assure 'Umar saying, "What we know is that they are loyal."
62
As Iurther
testimony oI Islam's compassion and justice, it is relayed that 'Uthmaan bin AIaan wrote
to his reagents, demanding that they treat both the ahal dhimma and orphans in a just
manner with God as their witness.
63
As Ior 'Umar bin Abdul Aziz, he also made sure that the poor among the ahal
dhimma had enough to support themselves. It is noted that he wrote to his reagent in
Basra, Adi bin Artaaa, Be compassionate to the ahal dhimma and any man Irom
among them who has aged and cannot support himselI. Make sure that the poor ahal
dhimma
64
receive the sadaqat (almsgiving) Irom the Christian Bani Taglive and that this
money does not go to the Bayt al Maal (Islamic Treasury).
65
Further examples oI 'Umar Abdul Aziz's justice towards the ahal dhimma abound
in the decrees that he issued, which were aimed at helping poor Iarmers. He wrote to his
reagent in Iraq, Abdul Hamiid, demanding that he give to the ahal dhimma whatever
money they were entitled to. Abdul Hamiid wrote back saying that he had done so and
still had money leIt over in the Bayt al Maal. 'Umar wrote again asking him to pay oII the
debts Ior those who had borrowed Irom their savings and spent lavishly upon themselves.
Abdul Hamiid responded by writing that this had already been done and that money still
remained in the Islamic Treasury. 'Umar then asked him to seek out any unmarried men
26
who wished to get married and to provide them with the money to do so. Abdul Hamiid
replied that this too had been done and money still remained in the treasury. 'Umar
replied this time by saying that Abdul Hamiid should pay oII the taxes oI those Iarmers
who owed money, which made it impossible Ior them to Iarm their land, saying that the
money Irom the treasury was not needed Ior two more years.
66
In another decree, 'Umar stressed the importance oI helping the poor and elderly
ahal dhimma. by writing to one oI his governors saying, "On your part, look Ior any non-
Muslim subjects who are too old and weak to work and allocate them money Irom the
Bayt al Maal to help them."
67
Ibn Sa'id also relates 'Umar's compassion toward the non-
Muslim community, quoting 'Umar as saying, Be compassionate with the non-Muslims
and iI one oI them is to old to support himselI, give him all that he needs or give it to the
next oI his kin to support him.
68
Based on this verse Irom the Qur'an, Be compassionate to those who never
Iought against you or ousted you Irom your homes, some oI the religious 'ulama'
(Islamic religious scholars) aIIirmed the need to be compassionate with all non-Muslims
provided that such acts oI kindness did not constitute harm toward any Muslim. Al Tabri
states that the phrase, those who never Iought against you, reIers to all non-Muslims
and that it does not diIIerentiate between Muslim and non-Muslims.
69
There are several
examples oI this, which were related about the mushraqiin (partners in idolatry) oI
Mecca. It is said that 'Umar Bin Al Khataab, Ior example, gave his surrogate milk brother
(akha lahu min ar ridaa'a), 'Uthman bin Hakiim, who was a mushriq Irom the Iamily oI
Mecca, a giIt that 'Umar had received Irom the Prophet himselI.
70
There are also accounts oI the Prophet (PBUH) sending money to the poor among
the mushraqeen in Mecca during a year oI drought.
71
It is recorded that aIter Thamama
bin Athal converted to Islam, he prevented payment oI the Mira (money/provisions paid
to Mecca) Irom the Yamama province. This leIt the Meccan mushraqiin so strapped Ior
Iood that they ate al wabir (camel hair soaked in blood and Iried over Iire). When the
Prophet heard oI this, he ordered Thamama to provide the mira (money or provisions
paid to Mecca) to the mushraqiin oI Mecca.
72
As Iurther testimony oI Islam's compassion towards non-Muslims, it is related
that Asma bint Abu Bakr said that when her mother, who was a mushriqa, came asking
27
Ior something, she asked the Prophet (PBUH) iI it was okay to give it to her and He
agreed.
73
It is also recorded that one oI the Prophets (PBUH) wives, SaIia bint Haiy bin
Akhtab, endowed some money to one oI her brothers who had remained Jewish.
74
Islam Iosters mercy among the people oI its community regardless oI belieIs.
According to Islam, humankind has a responsibility to all who have been thrust into
poverty no matter what their creed, nationality or color; the Prophet (PBUH) said, Any
community leIt hungry or in need by others shall not be Iorsaken.
75
All messages which
came down Irom heaven and were written in the Quran speak oI the need to Ieed and
care Ior the poor and destitute and to look aIter ones neighbors, whether they are Muslim
or non-Muslim. This comes as no surprise iI one reIlects upon the principles oI Islam,
which has established a mighty civilization.
Discussion 3: Freedom oI Worship and BelieI
An Islamic declaration, regarding the Ireedom oI worship and belieI, appeared
Iour centuries prior to the 1966 United States declaration on this principle in an
International agreement concerning political and civil rights which reads, "Every
individual has the Ireedom oI belieI and religious conviction."
76
This Islamic doctrine, which advocates the Ireedom oI worship Ior all, appeared
amid the religious persecution characteristic oI the Middle Ages. The Jews, at that time,
just as they do now, considered themselves Gods chosen people
77
and their religion to
be the chosen religion.
78
They Iought against other religions in every possible way.
According to the Talmud, the Jews conIiscated Christian money and caused the
bloodshed oI Christians, which they believed brought them closer to their religion.
79
One
method Ior a Jew to become puriIied was achieved through the human sacriIice oI
Christians.
80
A striking example oI this is the incident oI a Jew killing Father Tumaa in
Damascus and draining his blood to make 'Iorgiveness bread'.
81
As Ior Jewish hostility towards Islam and the Muslims, this has been well
documented since the time oI Prophet Mohammed (PBUH). For instance, there was the
Jewish conspiracy to kill the Prophet (PBUH) when the Jews Iormed an allegiance with
idolaters against him. More recently, there is what is happening openly in Palestine today,
28
which includes the killing oI children, women and elderly men, the demolition oI houses,
the uprooting oI trees, and the spread oI Aids.
Christians, too, may not be absolved Irom religious persecution against Jews,
idolaters, Muslims and those Christians who opposed the Catholic doctrine or doctrine oI
the Roman Pope. Constantine, Ior instance, issued a decree authorizing the burning oI
every Jew who worshipped publicly or invited Christians to join the Jewish Iaith, and the
burning oI every Christian who became a Jew. In 395 AD, Theyud Wassesus issued a
decree permitting the execution oI pagan worshippers and the destruction oI their
temples.
82
Let us not Iorget when the Crusaders (al Saliibiyun) invaded Syria and destroyed
the mosques and attacked Muslim worshippers. Nor should we Iorget the Inconquisto
Courts (Courts oI Inquisition) in Spain, where the Crusaders massacred Muslims and
denied them the right to practice their Iaith or to use the Arabic language, in addition to
Iorcing baptism upon them, oIten resulting in their banishment Irom the country.
83
As
Ior the Hindus and their crimes against religious adversaries, there was the demolition oI
the al Baabiri Mosque, which stands as a clear testimony to Hindu religious intolerance
and the discrimination that Muslims have endured. It is Iurther well known that
Communism opposes all religions and views religion as a kind oI opium Ior mankind.
The spread oI Communism has involved the shedding oI blood, Iorbidding oI worship
and the conIiscation oI land in pursuit oI stamping out religion.
It is in this climate oI oppression and religious persecution that the Islamic justice
system oIIers the alternative oI religious Ireedom Ior all without exception and amid an
atmosphere oI dignity and security.
Does Islam have the stability and power to continue oIIering religious Ireedom to
mankind? Can Islamic history validate the truths Iound in Islamic teachings?
The message oI Islam was proclaimed to Iree mankind Irom slavery, preserve
dignity and protect religious Ireedom. None are Iorced to enter Islam as is made clear in
Quranic teachings and the Iollowing surras (Quranic verses), which Iorbid coercing
people Irom other Iaiths to enter Islam.
There is no compulsion in religion; truly the right way has become clearly distinct
Irom error;" |Shakir 2:256|
84
29
"will you then Iorce men till they become believers?" |Shakir 10:99|
85
Ibn Kathir cites the Iirst Qur'an verse above: "Do not Iorce anyone to enter Islam
as it is clear that there is no need to Ior this. Rather, ones heart and Allahs
guidance are what inspire an individual to enter Islam. There is nothing to be
gained by coercing anyone to become Muslim."
86
The pages oI Islamic history reIlect the Quranic tenets, which preserve religious
Ireedom Ior non-Muslims. History does not record one single instance oI Muslims
Iorcing or coercing anyone into entering Islam and historians Irom the east to west will
collaborate on this.
The First Constitution oI the Islamic State in Al-Manwara stipulated the assurance
oI religious Ireedom Ior all non-Muslims, including idolaters and Jews, inhabiting the
district oI al-Manwara.
87
There is also clear evidence Irom the treaties and covenants oI
al Mustapha (the Prophet - PBUH) with the Jewish, Christian, and Madainist ahal
dhimma, regarding leniency toward non-Muslims. The Prophet himselI (PBUH) granted
a Christian delegation Irom Najran al Makun, consisting oI 60 men, to enter a mosque
and pray in it. And when some individuals tried to prevent the dhimmis Irom entering,
the Prophet (PBUH) told those individuals to leave and allowed the dhimmis to enter.
Imam Ibn Qayim Al-Jawzia relates the Iollowing story, On more than one occasion, the
Prophet (PBUH) allowed the ahal al Kitab (people oI the Book) to enter the mosques oI
Muslims and pray in the presence oI Muslims.
88
Abdul Allah Bin Abbas (PBUH) relates that there is clear evidence oI Islams
commitment to ensuring religious Ireedom Ior the ahal dhimma since the very creation
oI the Islamic Nation,. He tells us that during the al Jahaliya (period oI ignorance)
period, it was common Ior some ansar women, who had Iew children or had suIIered
several miscarriages, to vow that iI one survived, the child would become a Jew. When
the Prophet (PBUH) entered their city, the Jew, Beni Al-Nadir, betrayed the truce
between Mohammed (PBUH) and the Jews by trying to kill the Prophet (PBUH) and
gave aid to enemies oI the Prophet (PBUH). He (the Prophet-PBUH) later ordered the
Jews to leave the city. This caused a problem Ior some oI the ansar Jewish children who
remained in the city, when their Iathers said, We wont let our sons leave the city. The
Prophet (PBUH) then ordered that adolescent children oI the ansar be allowed to choose
30
between Islam and Judaism. Those who chose to become Jews, were given that right and
could leave, in accordance with the Quran, There is no coercion in religion.
89
Despite
the spirit oI that era, religious Ireedom was a luxury. The Glorious Quran recounts the
horrible crimes that the Jews committed against the Nijran Christians when they burned
Christians alive in Al Akhdud and other such travesties as are witnessed in the Qur'an:
Cursed be the makers oI the pit, OI the Iire (kept burning) with Iuel, When they
sat by it, And they were witnesses oI what they did with the believers. And they
did not take vengeance on them Ior aught except that they believed in Allah, the
Mighty, the Praised (Shakir 2000: 85: 4-8 )
90
During the Al 'Amriya Age, the ahal iliye (People oI Eli in Jerusalem) were
permitted Ireedom oI belieI in the widest sense oI the word. Their churches were not
inhabited, demolished, or vandalized, nor was their money conIiscated nor their religion
repudiated. No one was injured among them,
91
nor did anyone Iorbid their church bells
Irom ringing Irom morning until night and even during Muslim prayers times. As is
related by Khaled Bin Al Waliid, the ahal anat oI his era would bring out their crosses
Ior special holidays,
92
'Umar Ibn Abdul Aziz insisted, among his workers, that there be
no demolition oI churches, Christian Iacilities, or even the Bayt an Naar (House oI Fire)
which was Irequented by the ahal dhimma.
93
Similarly, he rejected decisively the
demands oI the al khawaraj who wanted to demolish Christian churches and rebutted
them saying, These churches belong to pious citizens.
94
There can be no question about the religious tolerance demonstrated toward the
ahal dhimma and the sanctioned protection oI their churches, monasteries, alters and
places oI worship in various parts oI the Islamic world. This is a living testimony to the
chivalrous and obvious tolerance oI the Islamic religion. The well-known orientalist,
Adam Metz, conIirms the presence oI religious tolerance within the Islamic civilization
and its guarantees Ior religious Ireedom Ior all religions. Metz says, What distinguished
the Islamic kingdom Irom Christian Europe in the Middle Ages was that, Iirst oI all, large
numbers oI people who inhabited the region were oI other Iaiths. Secondly, churches
continued to Ilourish in the Islamic nation, as iI outside governmental authority, based on
various agreements and rights that had been agreed upon. Jews, Christians and Muslims
31
lived side by side. This created an atmosphere oI religious tolerance not shared by Europe
in the Middle Ages.
95
In addition to cultivating religious Ireedom, the Islamic nation encouraged non-
Muslims to develop their own religious administration and showed their leaders respect.
The Khalifa, 'Umar Bin Khataab (PBUH), ordained Rabi Al Bustani as ChieI Rabbi oI
the entire Jewish community in the Islamic State. This position was handed down to his
oIIspring and given the title, al Jaalut or ChieI Rabbi', whom Muslims reIerred to as
Our Lord, and has been in existence since the time oI Jesus (PBUH).
96
In Baghdad, the
Abbasid Khalipha, Al MuqtaIi, imposed upon Muslims the duty to respect the ChieI
Rabbi and met with him every Thursday.
97
The Muslim experience under the Jews has been somewhat to the contrary. In
exchange Ior loyalty, Muslims have Iaced treachery and Ior benevolence and kindness,
they have Iaced hatred.
As Ior Christians under Islamic control, they were given the right to choose their
own leaders. The Catholics controlled their own religious aIIairs and the state did not
interIere. They were also given the right to hold ceremonies and celebrations during their
holidays. The ahal dhimma ran private courts and were allowed to hold hearings beIore a
Muslim court iI they so wished. Nonetheless, the religious tolerance practiced by the
Muslims did not prevent Christians Irom committing serious atrocities against the
Muslims in Spain and other regions. The orientalist, OLeary, relates that the Islamic
nation extended to some ahal dhimma the chance to practice their religion and in this
spirit, they were not a repressed people.
98
Val Durant, author oI The Story of Civilization, recounts, The ahal dhimma
(Christians, Zaorstrians (?), Jews, and Sabians) enjoyed a degree oI religious tolerance
under the 'Ummayads unparalleled in the Christian states oI that day. They were Iree to
practice their religion and protect their churches and places oI worship.
99
Thomas Arnold writes, We are unaware oI any attempt to Iorce non-Muslim
sects to accept Islam or oI any organized Islamic persecution aimed at eradicating any
particular religion," once again substantiating the absence oI religious persecution within
the pages oI Islamic history.
100
32
In the Islamic State, various religious sects were allowed to build their own
administrative hierarchies, especially the Jews. Under Islamic rule, Jews were allowed
high level religious positions. One such position, no less signiIicant than 'raas jalut' and
was the 'al-jaounia'. The person holding this position was known as al jaoun, which is a
Hebrew term meaning, the greatest or the most noble. It was the duty oI the al ja'oun to
spread Jewish teachings among the Jews and point out their misdoings. The position did
not conIlict with the post oI Raas al Jaalut because the jaounia position was a religious
position, while the al-Jaalut position was a political one.
101
There also appeared the al Hizan position, similar to that oI a Jewish preacher
who gives sermons at a pulpit
102
, and the al Shelihosbur, a Jewish religious leader,
similar to an Imam who prays Ior his people.
103
Such religious Ireedom was not a passing phenomenon but was common and
unique to Islamic rule in all places and continued as such until the end oI the 'Uthmani
period. Despite attempts by Christian allies to stiIle out Islam, it remained a shelter Ior
those who were persecuted Irom all parts oI the world. The orientalist, Carl Bruckelman
commenting on the 'Uthmani State says, "it did not intervene in religious aIIairs oI others
and in the end was in reality a saIe haven oI religious Ireedom Ior the persecuted Jews
Irom Spain and Portugal at the end oI the 16
th
century or approximately 1590 until the
Jewish sector in Istanbul reached about 20 thousand. The Jews made their way to the
Sultanate's castle and the Armenians had a special patriarch in Istanbul."
104
The 'ulama' (Islamic religious leaders) oI the 'Uthmani State were watchIul oI all
decrees issued by the State that might harm the ahal dhimma. The State would consider
the 'ulama's opinion when they appeared to be right. There was the time when, Ior
example, the Sultan Salim saw the number oI Jews and Christians in the Othman Empire
had increased to several million and that the numbers were increasing year by year. He
told himselI that he would Iind a way to limit this increase, so he gave them the choice to
either convert to Islam or be banished Irom the 'Uthmani Empire. However, when this
news reached the Sheikh oI Islam, Ali AIendi Al Zanbili, the Sultan Iace opposition and
Sheikh Ali said to him, "We have no right over the Jews and Christians except to have
them pay the jizya Ior we owe them protection oI their souls, their women and children
33
and what they believe. You have no right, Sultan Salim to make them leave their homes.
Rather, you must submit to the rule oI Islam."
105
These are the principles oI Islam, which its Iollowers have relayed peaceIully to
the world. The principles oI Islam have meant the beginning oI salvation and the end oI
centuries oI darkness and persecution. These are the best principles today to save
humanity Irom the misery it is enduring. The principles oI Islam have stood the test oI
time in all places and Islam has the propensity to deal with change no matter what its
magnitude or scale.
Discussion 4 Labor Rights and Holding Public Positions
Islamic Legislation did not close any door beIore the ahal dhimma in terms oI
their right to earn a living. Their aIIairs were treated like the aIIairs oI Muslims. They
were traders, money exchangers (bankers), doctors and real estate owners.
As Ior holding governmental positions, the Muslim State did not discriminate
between Muslims and non-Muslims, but rather valued an individual's qualiIications.
Doors were opened wide Ior the ahal dhimma to assume the highest oI governmental
positions except those positions with religious status, such as the position oI an Imam,
qadi (Judge), Alms (sadaqaat) Collector or Head oI State (raiis). Many 'ulama', such as
Al ShaaIi'i Al Maawardi (Hijra 450/A.D. 1058) and Al Hanbali Abu Yaala Al Faraa
(Hijra 458/A.D. 1065) in their books carrying the same titles, Al Ahkam and Sultania,
allow a dhimmi to assume a the position oI Head oI the Executive Ministry because the
nature oI this position was limited and did not have general jurisdiction, in addition to
their right to hold many executive and scientiIic positions. Indeed, the administration oI
the diwwans in the Islamic State remained in the hands oI the ahal dhimma. In Iact,
records oI the diwwans were recorded in languages other than Arabic Ior more than 70
years in Bilad as Sham and Iraq until Abdul Malak bin Marwaan ordered the ta'ariib
(Arabization) oI diwwans with the right oI the ahal dhimma to keep their positions iI
they spoke Arabic.
106
All governmental positions were open to the ahal dhimma and
this is aIIirmed by Adam Metz, ProIessor oI Oriental Language Studies in the University
oI Bazil in Switzerland, when he said, "Islamic Legislation did not close any door beIore
the ahal dhimma in terms oI employment. They had a Iirm Ioothold in many high-
34
paying proIessions. They were bankers, traders, estate owners and doctors. They
organized themselves in a way such that the most brilliant oI bankers in As Sham were
Jews, while most doctors and record keepers were Christians. In Baghdad, Ior example,
the doctor oI the KhaliIa was a Christian."
107
Metz continues saying, "One oI the things
that amazes us is the number oI non-Muslim workers and governors in the Islamic State."
108
Metz is not the only orientalist who attests to the tolerance oI the Islamic State
and its interest in ensuring the realization oI justice among all oI its citizens, regardless oI
color, creed or religion. The libraries are Iull oI dozens oI papers proving the sublimity oI
the Islamic Civilization, along with its Ilexibility to ensure its continuity which has
allowed it to communicate and live with others in the distinguished shadow oI justice,
transcending hatred and revenge and instead oIIering Iorgiveness, tolerance and
compassion. The French orientalist, Gustaph LePointe says, "We see in the verses oI the
Qur'an the Iorgiveness oI Muhammad (PBUH) toward Jews and Christians to an utmost
extent and this is no less than that oI the religious Iounders who came beIore him, both
Christian and Jewish."
109
The orientalist, Tartoun in his book, The Ahal Dhimma in Islam, attempts to
present evidence that the ahal dhimma rose to the highest oI administrative and scientiIic
positions. He explains that the Muslims named Hanin bin Ashaq the leading doctor oI his
era, just as Bakhtishu'a bin Jabraiel (Gabriel) was Iavored and promoted during the
period oI the Abbasid KhaliIa oI Al Mutawakil until he equaled the KhaliIa in what he
wore and in his amount oI wealth. Yuhana bin Masaweh served the Abbasid Khaliphas
Irom ar Rashid to al Mutawaki, who it is said never sat down Ior a meal without his
presence.
110
Additionally, they gave him a thousand dirhams monthly salary and an
annual bonus oI 20 thousand dirhams.
111
The monopoly oI the Jews in banking Ior many decades in the Islamic State
112
is
considered solid evidence that there were many opportunities Ior the ahal dhimma to
earn a living. Such a proIession as banking does not Ilourish without a long period oI
security and stability. Samir the Jew, was minting dinars and dirhams in Iraq during the
reign oI al Hajaj bin YusiI at ThaqaIi. The dirhams he minted were named aIter him, al
35
Samiriya.
113
This is an example oI how the Islamic Civilization viewed and respected an
individual's skills and competency.
A look at translated books clearly indicates that the Islamic State celebrated its
citizens Irom among the ahal dhimma by the many pages devoted to them, which
emphasize the status they enjoyed Irom early times in Islamic history. Mu'awiya bin Abi
SaIiyan (God be pleased with him), whose wiIe, Maysoun Al Kalbiya was Christian, is
considered the Iirst oI the KhaliIas to employ Christians. He employed a Christian doctor
by the name oI Ibn Aathal and also had him collect the kharaj in Homus.
114
Mu'awiya also employed the Iamily oI Sarjoun in the aIIairs oI Iinancial
administration during his period. An individual Irom this Iamily inherited this position
Ior years. Sarjoun, the Iather oI the Saint Yuhana, was the overseer oI the Bayt al Maal
during the era oI Abdul Malak bin Marwaan. Ibn Al Batrik was clerk Ior Suleiman bin
Abdul Malak. Tathari bin Austin, the Christian, was the clerk Ior Hisham bin Abdul
Malak.
115
Massirjoy, the Jew, was the doctor Ior Marwan bin Al Hakim.
116
Most oI the
'Ummayad khalifas and Abbasid khalifas, along with other Islamic leaders in the east and
west Iollowed the same pattern oI hiring Jewish doctors Ior their courts.
During the IiIth and sixth century Hijra when the wave oI religious Ianaticism
reached its summit during the Crusader wars, we Iind the Islamic State was not aIIected
by it nor did the Islamic State persecute its citizens Irom among the ahal dhimma. The
situation in the Islamic State continued as beIore and qualiIied individuals were given the
highest oI positions, especially in the Iield oI medicine. Ibn Abi Usayib'a mentions a list
oI doctors who assumed the highest positions in the dawla ayoubia (Ayoubi State), which
took upon itselI Iighting the Crusaders. Usayib'a mentions that one oI Salah ad Din's
doctors was YusiI bin Sa'id bin KhaliI as Samari (the Jew). He was also known as the
Son oI the Wise Man (Shams Al Hikama') (Hijra 624/A.D. 1226).
117
The doctor, Sheikh
Al MuwaIaq Shams Al Riyaasa Abu al 'Ashaair Habat Allah Zain bin Jami'a al Israili,
had very high status with Salah ad Din.
118
This chapter shows but a glimpse oI the Islamic Civilization and its compassion
towards humanity, which is Iar Irom limited to this study and the observations herein.
There are many books in circulation devoted to the ahal dhimma. This chapter, however,
36
would not be complete without mention oI the text by Shihab ad Din al QaraaIi who
highlights the prominence oI the ahal dhimma within Islamic society. Worthy oI being
written in gold, al QaraaIis text summarizes the views oI the 'ulama in the Islamic nation
and what has been established by Islamic fiqh, demonstrating harmony between the
thinking oI the 'ulama' and fiqh principles concerning various provisions Ior Ireedom and
compassion towards the ahal dhimma. In reading al QaraaIi, it becomes clear that the
Islam calls Ior justice towards the ahal dhimma and urges that they should be: 1) shown
compassion when weak; 2) liIted Irom poverty; 3) Ied and clothed; 4) spoken to gently
and this not out oI Iear; 4) protected Irom Iear and humility; 5) prayed Ior; 6) made
happy; 7) given advice about their religion and livelihood; 8) protected even when away
Irom their homes (their money, children, the honor oI their women and all oI their rights
and interests should be protected) and; 10) iI subjected to oppression, be helped to gain
back their rights.
119
The reader need only compare this spirit oI tolerance with what is seen and read
in the various media where racism, Ianaticism, and oppression towards Muslims in many
countries oI the world is preponderant The orientalist, Robertson accurately states: "Only
the Muslims are able to create a balance between the love Ior their religion and tolerance
towards those who Iollow other religions" and "no other religion can claim the same
tolerance that Islam has shown towards people oI other religions."
37
CHAPTER 2: ISLAMIC WAR ETHICS
Discussion 1 A General View oI Non-Muslim War Ethics
War is a long-time human phenomenon, brought on by mankind itselI. Mankind
has known little security or peace throughout its recorded history, which spans some Iive
thousand years. What is worse is that wars throughout history have not spared women,
children, elderly or religious individuals, nor distinguished between combatants and non-
combatants, in unleashing cruelty and violence in the ugliest oI Iorms including: rape,
enslavement, burning people and annihilating entire communities. Among one oI the
worst war mongers was King Ashour Nasirbal, who rose to the crown in 844 B.C and
used to skin his enemies alive.
120
Ancient inscriptions Iound in one oI the Pharonic
temples in Madina al Aqsar tell us that during the era oI Rameses II, census quotas
establishing the numbers oI prisoners were estimated based upon the numbers oI
prisoners' hands that had been cut oII.
121
The cruelty and ugliness oI mankind towards his brother grew when he made
torture and killing oI prisoners a Iorm oI worship in order to become closer to God out oI
a desire Ior Iorgiveness. For example, the Sumerians massacred a speciIic percentage oI
prisoners as oIIerings to their gods.
122
History recounts that upon Amnihatsab the II's victorious return to Thebes, he
slaughtered all oI the prisoners at the threshold oI the Temple Amoun as an oIIering to
the gods.
123
And, so did the Arab rulers oI Al Manaadhra.
124
Some Assyrian inscriptions recount that the King Ashour on one occasion ripped
out the tongues oI some prisoners and oIIered the other prisoners as sacriIices to the gods,
giving their carnage to dogs and wolves, so as to delight the hearts oI the gods according
to their belieIs.
125
The ugliness oI mankind during the middle ages in Europe was no less than that
oI the early ages. Take Ior example the Inconquisto courts in al Andulus and the crimes
that occurred there against the Muslims, which generation aIter generation still retell.
When Napoleon's army entered Spain, he discovered the ugly Iace oI these courts and the
cruelty that took place in them, which transcended even jungle law. In one building,
instruments used Ior torture were Iound such as tools used to tear out the breasts oI
women and others to rip out tongues. A third kind was Iound to kill prisoners slowly
38
while they were standing or lying down and another method was used to kill them by
stabbing them with knives in a box prepared Ior this type oI torture.
126
It is well known that when the Crusaders entered Jerusalem, they killed tens oI
thousands oI prisoners until the streets oI the city Ilowed with the blood oI women,
children, elderly and youth who sheltered themselves in mosques and houses oI worship,
not withstanding all the other cruel transgressions and crimes which stained human
history with blackness.
Turning to the more recent history oI wars, mankind appears completely devoid
oI morality and compassion and has given himselI the right to annihilate millions all Ior
the sake oI IulIilling his desire Ior possessions, domination and control. Mankind is
responsible Ior two world wars. In the Second World War, he used nuclear weapons to
destroy and completely eliminate entire cities in Japan (Hiroshima and Nagasaki), in
addition to causing genetic abnormalities in those who survived; their oIIspring being
born deIormed as a testimony to the ugliness oI this war.
History also recounts the ethnic cleansing and chilling massacres inIlicted by the
Nazis, Communists, Fascists and Serbs, which all make evident the lack oI human
compassion and morality on our planet.
As Ior the Arab world, the crimes oI the Zionists still take the headlines in most
media (newspapers, T.V. and radios), Irom the killing oI individuals while they pray
inside houses oI worship, the destruction oI homes, schools and the uprooting oI trees to
the massacres in Janiin and Sabra and Shatilla and the killing oI babies who have not yet
reached their Iirst birthday.
As Ior the atrocities oI the Khamer Rouge in Vietnam and Cambodia and those
against the Muslims in the Philippines, China and India, not to speak the acts oI ethnic
cleansing in AIrica, these crimes by humankind are too numerous to recount.
Mankind is responsible Ior bringing all oI this misery upon himselI by placing his
ego and love Ior possessions and domination over moral values.
Humankind has created every means Ior destruction and annihilation. It has made
complicated devices Ior spying on enemies, while in the meantime we Iind ourselves
incapable oI making laws Ior war that embody the meaning oI compassion and respect
Ior human dignity and protect the non-combatant Irom the misery oI war. All oI this is
39
because mankind has based legislation upon his own experience, and not the teachings oI
Heaven. Humankind has ignored history and the experiences taught by it, corrupting the
earth and all that humanity stands Ior, thus leading to the perpetuation oI misery and
unhappiness.
Discussion 2: Humane Treatment during War
The sublime teachings oI Islam, which revive rationality and reason and repress
willIul prejudices, are based upon mercy, justice and respect Ior humankind in various
situations and circumstances. Humane treatment during times oI war serves as convincing
evidence oI the noble values Ior which Islam stands.
Perhaps the earliest and most convincing evidence oI this is the way in which
Muslims treated the enemy Iollowing a victory. Islam put an end to the disIiguring and
burning oI bodies out oI respect Ior the dead because such behavior contradicts the way
oI Islam, which is based on the principles oI mercy and tolerance, and does not exchange
one wrong Ior another wrong. This conviction is evidenced in the statements oI Al
Mustafa (The Prophet - PBUH), which he repeated whenever he sent his troops oII to the
battle. He would remind his men that their mission was to liberate nations Irom darkness
and tyranny and that they should at all times set a good example by displaying high
morals to the people oI the world and abstain Irom the desire Ior revenge or seeking to
humiliate the enemy. Al Mustapha (PBUH) would say to his soldiers as they prepared Ior
battle, "I warn you against cruelty or mutilation even to vicious dogs."
127
These instructions came to eliminate the deeply rooted traditions (thirst Ior
revenge), practiced by mankind Iollowing victory, displayed in cruel torturous ways like
cutting oII noses, ears and hands or ripping open the stomachs oI enemies whether dead
or alive or sipping alcohol over the enemies' dead bodies and raising Ilags above their
scattered remains.
Indeed, it was as iI the very nature oI humanity had been cut oII Irom the Creator
and there emerged a primitiveness like that oI a vicious animal, displayed by taking
pleasure in looting and plundering and madness, completely disengaged Irom any moral
standing or human values. This behavior remained deeply set in the memory oI the
deIeated enemy, who would wait Ior a chance Ior revenge and the cycle oI violence
40
would then repeat itselI. At that time, there came the humanity oI the Islamic Civilization
on the tongue oI the Prophet (the chosen one) (PBUH), who was instructed and directed
Irom heaven by God. The Prophet (PBUH) Iorbid looting and plundering Iollowing
military operations Iourteen centuries prior the Hague and Geneva Conventions, which
declared such acts illegal. The Prophet (PBUH) said, "Looting is Iorbidden as it is as
Hilal as eating the meat oI a dead animal," explaining that the spoils oI war are prohibited
just like the eating oI meat Irom a animal already dead.
128
Islamic principles decry the spirit oI revenge aIter triumph and instead urge the
spirit oI Iorgiveness, pardon and tolerance. The Prophet Muhammad (Al Mustapha)
embodied these noble principles as have leaders oI the Islamic Nation generation aIter
generation. One oI the greatest examples oI the noble principles oI Islam was presented
when the Companions oI the Prophet witnessed the great sadness oI the Prophet. This
occurred when one oI the noblest oI Islams martyrs, Hamza bin Abdul Al Mutalab, had
his body mutilated, his stomach torn open and his limbs cut oII. The Companions pledged
to take revenge upon the Qurash and said, "By Allah, iI we triumph one day over the
Qurash, we will mutilate their bodies in a way the Arabs have never witnessed beIore."
129
But the Prophet oI Mercy (PBUH) reIuted this when his triumphant army ('Al
MuzaIur') conquered Mecca and the people oI Mecca became his prisoners. Some voices
Irom the Islamic camp rose saying, "Today is the day oI carnage (the day oI revenge)."
But, the Prophet (PBUH) responded immediately saying, "No, today is the day oI mercy
and he Iorgave all oI the people oI Mecca (the Qurash)," and then he told the people oI
Mecca, "Go. You are Iree."
130
This was why most people in Mecca at that time entered
Islam, because they were inIluenced by its great morality and saw that the Muslims were
not inclined to exchanging one wrong Ior another. Rather, the armies oI Islam had treated
them with benevolence and Iorgiveness despite the crimes committed by those (the
Qurash) against the Prophet (PBUH), i.e. when they tortured him, broke his arms, cut
open his Iorehead, and killed his closest companions, in addition to mutilating and
imprisoning dozens oI Muslims, while the Prophets companions preached love,
compassion and peace in Mecca.
These instances oI humanity, Iull oI emotion, Iorgiveness and tolerance have been
repeated over and over again throughout the history oI the great Islamic Nation. When
41
Salah ad Din Al Ayoubi liberated Jerusalem (Hijra 583/1187 A.D) and came Iace to Iace
with those who had transIormed the Al Aqsa Mosque, the Dome oI the Rock and other
mosques in the blessed city into military strongholds and stables Ior their horses and aIter
more than seventy thousand Muslims had been killed with no distinction between men,
women, children and the elderly, he said, despite these horrible crimes: "Go, you are
Iree," and provided security Ior the enemy and their Iamilies to leave Jerusalem Ior the
period oI 40 days. Forty thousand oI them leIt to join their Iamilies. Salah ad Din himselI
ransomed several thousand, excused the ransom (fidaa) Ior many and pardoned women
and children. He guaranteed their saIety until they reached the reIuge oI the remaining
Crusader Iorts, at that time on the shores oI as Sham.
131
The actions oI the ''Uthmain Sultan, Marad I (Hijra 761-791/ AD. 1360-1389) are
Iurther testimony to the humane side oI Islam. While bleeding to death Irom a
treacherous stab wound perpetrated by a Serb soldier in the Iamous Battle oI Quswa,
which was Iought between the Serbs and the 'Uthmanis (Hijra 791/AD 1389), the Sultan
ordered his soldiers not to take revenge on all oI the Serbs but to kill only the man who
had stabbed him.
132
II we compare this humane behavior during wartime with that oI armies that
claim to be civilized today, while at the same time accusing Muslims oI barbarism,
serious questions must be raised. How can the armies oI today be permitted to commit the
atrocities that they do against civilians, military opponents and prisoners, knowing Iull
well that The Hague 1907 Agreement provides Ior protection to prisoners oI war and
prohibits their killing, enslavement and torture?
133
The eternal (al khalida) directives and commandments oI the Prophet (PBUH)
concerning military operations embodied mercy in the truest sense oI the word, when He
ordered his soldiers not to kill the elderly, women and children or those clergymen who
took reIuge in their houses oI worship and did not participate in Iighting. Indeed, the
Prophet (PBUH) would become extremely angered every time news reached him oI a
child or women killed during battle. It is relayed that when he was told that some children
had been killed in battle, he angrily reIuted the act saying, "Do not kill oIIspring, do not
kill children," attesting to the Iact that such action exceeds the bounds oI expected
wartime behavior and contradicts the human ethics upon which Islam stands Iirm.
42
It is also narrated that Al Rabaah bin Al Rabii'a and some other companions oI the
Prophet passed upon a woman killed in one oI the Muslim raids and stopped to stare at
her until the Prophet (PBUH) joined them. When the Prophet witnessed their staring, he
said condemning her killing, "She was not a combatant." Then he ordered one oI the
soldiers: "Go aIter Khalid bin Al Waliid and tell him not to kill oIIspring or hired
hands."
134
The Hadith accounts and the biographies oI the Prophet (PBUH) relay to us
dozens oI commandments and directives to His armies and His commanders, which
testiIy to the Iact that the killing oI women, children, elderly and clergymen was in
violation oI the practices oI Islam. This was made evident in his reminding His soldiers to
practice morality in the battleIield. He would say to them, "Go, in the name oI God and
upon the teachings oI the Prophet. Do not take Irom the spoils oI war beIore it is divided.
Do not kill the elderly, small children and women. Be virtuous because Allah loves those
who are benevolent."
135
The Mother oI the Believers, 'Aisha (PBUH), said that the Prophet ordered His
soldiers also to honor all treaties and agreements and not to mutilate the enemy when he
said: " Fight in the name oI Allah and Ior the sake oI Allah. Fight the unbelievers. Fight
but do no be overzealous and do not betray, kill or mutilate newborns."
136
The pinnacle oI Islamic humaneness was Iurther made maniIest when the Prophet
oI Mercy (PBUH) demanded that his soldiers avoid the Iace oI the enemy in battle
saying, "II one oI you Iights, avoid the Iace."
137
The Prophet and Chosen One (PBUH) established Islamic war ethics through a
code, consisting oI ten conditions which embody the humanity oI the Islamic Nation and
its great spirit oI mercy and kindness. A comprehensive declaration and adoption oI the
Prophet's directives was delivered in an injunction by KhaliIa ar Raashdi I to one oI the
commanders who conquered as Sham (Yazid bin Abi SaIiyaan), "Oh People, stop and
listen to these 10 Commandments and memorize them Ior me. Do not: 1) practice
treachery; 2) harbor malice; 3) support corruption; 4) mutilate the enemy; 5) kill women,
children or the elderly; 6) hollow out palm trees; 7) burn or cut down Iruit bearing trees;
8) butcher sheep (unless Ior Iood) or; 9) butcher a she camel (unless Ior Iood). You will
43
pass upon some people who have resorted to religious seclusion. 10) Leave them
unharmedand go in the name oI Allah."
138
It is possible to sum up these commandments as Iollows:
1) Do not kill children in military operations.
2) Do not kill clergymen who do not take sides and do not participate in Iighting.
3) Do not practice treachery or treason (honor all agreements).
4) Do not mutilate captives or the dead.
5) Do not harm the livestock unless absolutely necessary.
6) Do not cut down Iruit bearing trees.
7) Do not burn crops.
8) Do not kill or injure mounted animals owned by the enemy unless they are being
used by the enemy in battle.
9) Never take Irom the spoils oI war beIore it is divided.
10) Do not kill the elderly and women who do not participate in Iighting.
11) Do not ravage the populous, i.e. do not destroy and storm homes.
139
(This was
Iound in another directive to Yazid).
12) Do not kill the blind or chronically ill
With regard to the recruiting troops Ior the Islamic military, the directives oI the
Prophet (Al Mustafa) state the need to take into consideration the special circumstances
oI individuals and not to impose upon those with diIIicult Iamily circumstances or those
who have injuries that would prevent them Irom exerting all oI their eIIorts Ior the sake
oI jihad. For example, the Prophet (PBUH), during the Battle oI Badr pardoned some oI
his companions because their Iamily circumstances demanded their attention. 'Uthman
bin 'AIaan, Ior example, was exempted Irom serving in the military so that he could take
care oI his wiIe, Ruqaiya who was sick. (1)
140
Aba Amama also remained with his wiIe
when she was sick and needed him.
141
Khuwat bin Jabir was allowed to return home
when his leg was struck by a rock in the road.
142
Throughout history, rulers and leaders oI the Islamic Nation have remained
committed to the sacred war ethics laid down by the Prophet through his heavenly
enlightenment. KhaliIa Al Rashdi II Al Farouk (PBUH) strictly Iorbid the leaders oI his
44
soldiers to kill any non-combatant, warning at the same time not to be overjoyed with
victory to the point that they might kill in excess without justiIication. The Prophet said
during the Aqad Alawiya battle, "In the name oI Allah and with the help oI Allah, march
with the support oI Allah. Never kill the elderly, women or children. Take the utmost oI
care not to harm them during battles and raids"
143
There are very Iew accounts in Islamic military history oI crimes committed by its
conquering armies. History instead records Islams merciIul treatment and tolerance
towards conquered peoples whenever the Islamic military entered regions in all over the
world. This is supported by testimony Irom enemies oI Islam as well as by its Iollowers.
Discussion 3: Treatment oI Prisoners
A great deal oI Islamic history reIlects protecting the rights and dignity oI
prisoners, Iorbidding enslavement, and giving prisoners hope Ior Ireedom.
In the Middle Ages, the greatest source Ior enslavement was Irom captives oI war.
At that time, Islam made it one oI its main priorities to establish laws to help rehabilitate
captives and return them to Ireedom. Texts in the Qur'an and Sunna (sayins and acts oI
the Prophet Muhammed- PBUH)) aIIirm the need to protect the dignity oI prisoners and
treat them with the utmost oI transparency and mercy. This can be best summed up in the
Iollowing verses Irom the Qur'an:
And they give Iood out oI love Ior Him to the poor, the orphan and the captive:
We only Ieed you Ior Allah's sake; we desire Irom you neither reward nor thanks:
|Shakir 76:8| and |Shakir 76:9|
144
History books and Surraat (Qurannic verses) testiIy to the actions and words oI
the Prophet (PBUH), which urge the Islamic Nation to be kind to prisoners and ask its
members to compete in their kindness towards prisoners. The Prophet said, "Those are
your brethren. Feed them as you Ieed yourselves and clothe them as you clothe
yourselves." And he said: "Treat prisoners gently."
145
The Prophet also said, "Untie the al 'aani (the prisoners), Ieed the hungry and
visit the sick."
146
These eternal directives have reached the ears oI members oI the Islamic Nation,
sparking in them the most humane oI treatment towards prisoners to the point that some
45
have treated prisoners better than themselves. This is apparent in the testimony oI some
oI the Iiercest oI Islams opponents who Iell captive to Muslims and tell oI how the
Muslims treated them:
First: The testimony oI Abi 'Aziz bin 'Umir (brother oI the Iollower Mus'ab bin
'Umir), who carried a Ilag oI the al Mushraqiin (Associates) at the Battle oI Badr: "I was
in the company oI some oI the Prophet's Iollowers and they gave me lunch and dinner
and their bread while they ate only dates. One man even had only a small piece oI bread
and gave it to me. I Ielt embarrassed and tried to give it back, but he only returned it to
me."
147
Second: The testimonies oI Abu Al 'Aas bin Al Rabi'a and Waleed bin Al
Mughiira, who were prisoners Irom the Battle oI Badr. Abu al 'Aas said, "I was the
prisoner oI some oI the Prophet's Iollowers. God bless them. They Ied me their bread
while they ate dates (at that time bread was a rare commodity). A man even took the only
small piece oI bread that he had and gave it to me. Similarly, Al Waleed stated the same
and more, "They would carry us while they walked."
148
Third: The testimony oI Thamama bin Aathaal Al HanaIi, the Amir oI Al
Yamama. The Sahihyiin (accurate hadith) mention that the companions came with
Thamama as a prisoner, not knowing his identity until they reached the Prophet. The
Prophet recognized him right away and asked His companions to treat Thamama with
compassion. Then the Prophet presented him with Iood and gave him a she-camel so he
could live oII her milk. The Prophet (PBUH) came to him and asked him, "What is it you
have Thamama?" Thamama said, "I have good things, Muhammed (PBUH). II you kill
me, you kill a murderer and iI you don't kill me, I will be very thankIul. II you need
money, ask Ior whatever you want." The Iollowing day, the Prophet came to him and
asked the same question and apparently got the same answer. The third day the same
thing happened. Then the Prophet (PBUH) let him go without any conditions. AIter that,
Thamama went to a palm tree near a mosque and washed himselI. He then entered the
mosque and declared his conversion to Islam. Then he spoke to the Prophet saying, "Oh
Muhammad, by Allah your Iace was the most heinous Iace to me on earth, but it has
become Ior me now the most loving Iace. By Allah, your religion was the most hateIul
46
religion to me but has now become the most beloved religion to me and your region was
the most hated to me but has now become the most beloved to me."
149
Look how the eIIect oI this compassionate treatment toward a prisoner
transIormed him Irom one oI the utmost enemies oI Islam to one oI it greatest Iollowers.
Islams humanity is not limited to providing prisoners with Iood, water and just
treatment but beyond that, it stresses that prisoners should not be exposed to any
psychological pressure and should not be put in a situations which might severely
intimidate them, inadvertently or not. It has been narrated that the Prophet (PBUH)
reprimanded His prayer caller, Bilal bin Rabaah in the Battle oI Khaibar when two
Jewish women Iell captive to him and Bilal wanted to take these women to his leaders on
the other side oI the battleIield. Balal ran with the women through the battleIield where
they saw bodies oI their kinIolk lying dead, which caused one oI the women to weep.
When the Prophet heard the story, he scolded Bilal, "Has the mercy been stolen Irom
your heart that you would take these two women through the battleIield such that they
should come upon their men lying dead?"
150
In order to protect the dignity and Ieelings oI the captive, we Iind that Islamic law
states that separation oI a captive mother Irom her young children is Iorbidden. It was
narrated that the Prophet (PBUH) once said, "There should be no separation oI mother
and child, Iather and child nor a brother and brother during captivity, because Islamic law
embodies humanity even towards enemies oI Islam."
151
To aIIirm the Islamic principles oI compassionate treatment toward captives,
Islamic directives repeatedly mention the Iorbidding oI killing, torturing and terrorizing
oI captives even iI they are military leaders. The Prophet rejected the torture oI Suhail bin
'Umru, one oI the leaders oI the Qurash, when he Iell captive in the Battle oI Badr. Al
Farouk suggested that they should mutilate the Iace oI Suhail, so that his tongue would
stick out and he would not be able to speak out against Islam (Suhail was one oI the most
outspoken against Islam in the Qurash tribe).
However, the Prophet oI Mercy rejected this idea saying, "I will not mutilate him
so that Allah will not mutilate me even iI I am a Prophet. This way, Suhail may take a
stand one day that you might appreciate." This came Irom the Prophet's belieI that one
good deed bears the Iruit oI another good deed and that revenge bears the Iruit oI hatred
47
and revenge. Indeed, this prophesy oI the Prophet was realized when, at that time, the
Arab tribes rejected Islam and the Quraish were about to Iollow suit. It was Suhail bin
'Umru who stood among the Quraish saying, "Oh people oI the Quraish, you were among
the last to convert to Islam. Do not be among the Iirst to apostate." So, the people oI
Quraish turned to Islam and this exactly what the Prophet had Ioretold.
152
The Iact that captives had Iought Muslims beIore they Iell captive did not alter the
Islams compassion towards them. Allah's teachings have always opposed the idea oI
revenge and have urged mercy and compassion towards captives, hoping that they might
reconsider their belieIs and enter into Islam to become brothers to the Muslims.
Moreover, the Muslims released captives who had special humanitarian circumstances,
like those who were the only breadwinners Ior their Iamilies or those who had only
Iemale oIIspring. The poet Abu 'Aza 'Umru bin Abdullah Al Jamahi, who was in need
with only Iemale oIIspring, came to the Prophet (PBUH) and asked him to release him
Irom his captivity and promised that he would never return to Iighting the Muslims. The
Prophet granted this and Abu 'Aza then praised the Prophet in a poem. Later on, Abu
'Aza broke his promise to the Prophet and was recaptured during the Battle oI Ahud, so
the Messenger (the Prophet) ordered him killed .
153
It is interesting to compare the betrayal oI this mushrik (Abu 'Aza), who did not
Iollow Allah's directives, with that oI the Muslim captive, Khabib bin 'Udey when he was
in Mecca and was captured. He had the opportunity to betray his captives, but he did not
because betrayal is not a Muslim attribute and revenge oI children is not a legitimate
means Ior revenge by Muslims. The story oI this captive is as Iollows: Khabib had Iallen
captive aIter the Battle oI Ar Raji'a.
154
The captors sold Al Khabib to Banu Al Harith
(bin 'Umar bin NuIal) to kill him because he had killed a member oI the Al Harith tribe
during the Battle oI Badr. BeIore Khabib's death, a young boy went to Khabib and sat in
his lap (away Irom his mother's eyes). She Ieared Ior her child since Khabib was to be
killed. Then Khabib said to the mother, "Are you aIraid that I might kill the boy. I would
never do that, Allah willing." The mother then said, "I have never seen a captive better
than Khabib."
155
The Messengers treatment oI the Quraish captives may be compared to that oI
the Quraish tribe toward Khabib when they cruciIied and killed him in a big ceremony.
48
Khabib described the bloody ceremony in a poem in which he describes the scene oI his
death and cruciIixion.
156
As a result oI the Prophet's (PBUH) tolerance towards the captives oI Quraish and
others, many entered into Islam. The captives would return to their Iamilies and countries
and make witness to Mohammed's (PBUH) tolerance and dignity, his ethical behavior
and his call Ior justice, piety, reparation, and goodness. This is aIIirmed by Allahs words
when he said:
Is the reward oI goodness aught but goodness? |Shakir 55:60|
157
God bless the soul oI a poet when he said, Do good to others and you will gain
their hearts. Goodness to others has always gained people over.
Another example oI this is when Mecca was conquered and the people there Iell
captive. The Prophet released them saying: Go, Ior you are Iree. Thereupon, the people
oI Mecca transIormed Irom a people who opposed Islam as an enemy to leaders oI the
Islamic conquest, spreading justice and peace throughout the world.
The Islamic policy oI pardoning prisoners resulted also in the conversion oI a
knight Irom the tribe oI Taya 'Udey bin Hatim. SaIaana, when his daughter Iell captive
to the Prophet and spoke about her Iather's good deeds, such as welcoming guests and
releasing prisoners, saying, ":Oh Messenger oI Allah, my Iather died and my brother
disappeared. Grant me your pardon." The Prophet said, "Who is your brother?" SaIana
said, Udey bin Hatim. The prophet said, "Is he the one who is running away Irom the
messenger oI Allah!" And then, the Prophet let her go aIter he clothed and Ied her.
158
And in a similar story, it is related that SaIaana said, "My Iather always would
protect the honor oI the tribe, release captives, Ieed the hungry, clothe the naked,
distribute Iood, spread peace and never turn away anyone in need. I am the daughter oI
Hatim Al Taya . Do not let the Arabs gloat about me. The Prophet (PBUB) said, "Oh
SaIaana, these are the attributes oI a believer indeed. II your Iather were a Muslim, we
would have blessed his soul. Let her go Iree Ior her Iather loved goodness and Allah
loves such ideals."
159
Soon SaIaana sent a message to her brother Udey, who had
escaped to as Sham, asking him to return to the Prophet saying, "The Prophet practices
and believes in good ethics. II he were a king, you would not be mistreated. II he is really
49
a Prophet, do not be late in coming to him." Thereupon, 'Udey converted to Islam and
became one oI the leaders oI the Islamic conquest.
SaIaana and Thamama were not the only ones that the Prophet released Irom
captivity. There is a long list oI those who were released such as, Abu Al 'Aas bin Rabi'a,
the husband oI Zeinab (daughter oI the Prophet), Al Mutalib bin Hantaba Al Harith, Al
Sa'ib bin 'ubiid, Al Zubayir bin Bataa, 'Umu bin Sa'id and others.
160
Treating prisoners with mercy and compassion is not only characteristic oI the
Muslims history during the period oI the Prophet and Iirst Khalifas, but Muslim leaders
are distinguished by these principles throughout history in both the Arab East and West.
They did not exchange one wrong Ior another, but instead greeted treachery with loyalty
and bloodshed with mercy. Al MuzaIir Salah ad Din Al Ayoubi's treatment oI Christian
prisoners may be compared to that oI the Christians towards their Muslim prisoners.
History tells us about the crimes committed by the Crusaders against Muslim prisoners
when the Crusaders took shelter in the mosques oI the Holy City (Jerusalem) and
committed horrible massacres against the elderly, women and children until the streets oI
the Holy City ran Iull oI blood without the least bit oI guilt or interIerence on the part oI
clergymen or knights who could have stopped it. These massacres and the breaking oI
treaties by the Crusaders occurred over and over again. There was Richard, one oI the
leaders oI the Crusades, who captured thousands oI Muslims and gave them his word oI
saIe haven only to end up killing them all.
161
Why did Salah ad Din not exchange like
behavior Ior like behavior?
Salah ad Din exempliIied the nobility oI Islamic knighthood and purity oI religion
and rose above sin. In Iact, the tolerant behavior oI Salah ad Din was one reason why so
many Irom the West entered into Islam voluntarily and by choice and not through
coercion and threatening, i.e. the English Knight, Robert F. Saint Ellison, who converted
to Islam in 581 Hijra/1185 A.D. and then married one oI the granddaughters oI Salah ad
Din Al Ayoubi. Also, in the Iamous battle oI Hatin 535 Hijra/1187 A.D., six European
soldiers Iled Iorm their posts and joined the ranks oI the Muslims where they converted
purely at their own Iree will and choice.
162
This section would not be complete without mention oI Salah ad Dins particular
humane treatment oI the Crusader king, "Richard the Lion Heart". When he learned oI
50
King Richard's sickness and that a Iever had overtaken him, he began to send him upon
his request, pears, peaches and other types oI Iruit, in addition to ice, medicine and drinks
until he healed his opponent, who only resumed killing Muslims again.
163
Has history
ever witnessed such humane treatment? It is also told oI how in one battle, "Richard" Iell
injured and Salah ad Din rushed to treat him himselI and did not leave his side until he
was healed. Then he released him. Tolerance such as this has never been witnessed, while
at the same time it is recounted that "Richard" massacred Muslim prisoners in the Battle
oI 'aka, disregarding the treaties governing the protection oI prisoners and their rights.
When Salah ad Din conquered the Holy Land and captured all the al faranj
(European Christians), he Ied them and clothed them and said to them, "I could have
done to you what you did to the Muslims when you entered Jerusalem, but my dignity did
not permit me to do this."
164
It is narrated that one day in Shawal 586 Hijra/Winter oI 1190 A.D., a group oI
Crusaders who had Iallen captive were brought to the Council oI the Sultan (Salah ad
Din) and he was courteous with them, asking them about their circumstances and treating
them with compassion. Then he looked at one oI them and saw him shivering with cold.
He removed his coat and gave it to the prisoner and then ordered a coat Ior each one oI
them. The prisoners were then presented with Iood and Salah ad Din order a tent be
constructed next to his tent. He also allowed them to write to their Iriends so that clothing
could be brought to them Irom their camp.
165
In 587 Hijra/1191 A.D., 45 individuals Irom the Crusaders were brought to Salah
ad Din Irom Beirut. Among them was an old man who had lost his teeth. AIter Salah ad
Din asked the old man about his reason Ior participating in the Crusades, he ordered him
Ireed and sent him back on a horse to the enemy camp.
166
For all these reasons, Salah ad Din gained the respect and appreciation oI
generations oI unbelievers and Muslims Ior he presented the Islamic spirit in the truest
and noblest sense oI the word at a time when killing and torturing oI captives was the
norm oI the day. Salah ad Din represented the epitome oI a great leader, who was true to
his belieI in Islam and its teachings both in action and in word. Many a heart turned to
Islam because oI him as and he was so highly admired that Shakib Irsalan wrote a poem
about him.
51
Usama bin Munquidh in his book, Al I'atibaar, aIIirms that Muslims never denied
their enemies, the Crusaders, access to doctors or medicine when needed. The Muslims
always responded in a humanitarian spirit to their opponents requests in a way that
transcended the all animosity and hatred, even overlooking the heinous crimes that the
Crusaders committed in Bilad as Sham.
167
The 'Uthmani State demonstrated clear justice towards its captives through Sultan
Mohammed Al Fatih, who embodied the principle oI mercy called Ior in the message oI
Islam. The joy oI victory did not blind him into ransacking the city oI Constantinople
when he entered it triumphantly on Tuesday, the 20
th
Jamada al Awal, 857 Hijra/ 29
th
oI
May 1453 A.D. He ordered his soldiers to be compassionate with the people oI the city
and called on one oI the Monks to quiet the people oI the city so that they would return to
their houses saIely. He announced complete Ireedom Ior the Christians to practice their
religious rights and choose their religious leaders. In Iact, he ransomed a great number oI
them with his own money, especially the princes oI Greece and the religious men. He
also met with the Arch Bishops and asked them to elect a new patriarch. They elected
Ajnabius who aIter his election went with a huge delegation oI archbishops to the
Sultan's headquarters, where he was received by the Sultan with a grand welcome and
they all ate together.
168
The English chronologist (chronicler), Edward Shepherdcrissy, attemps in his
book, Tariq al 'Uthmaniin al Atrak (The History of the Ottoman Turks) to debase the
image Ottoman's conquering Constantinople when he ascribes Sultan Mohammed Al
Fatih with the worst oI attributes, this without any analytical documentation. The
American Encyclopedia (1980) documents Shepherdcrissys account because oI the
encyclopedias own bias against Islam. All the evidence Irom manuscripts Iound in
churches and monasteries contradicts the claims oI Sherperdcrissy. Every Christian sect
under the Ottoman rule enjoyed peace and Ireedom and had their own schools and places
oI worship. No one interIered with their Iinances and they were given the complete
Ireedom to speak the language oI their choice.
169
It is no wonder that the Iamous orientalist, GustaI LePointe, says complete
certainty, "History has never known a conqueror more just than the Arabs."
170
52
Given all oI these examples oI compassion towards captives who Iell into the
hands oI the Muslims, it may also be asked what measures the Islamic states took to save
those Muslims and ahal dhimma who Iell captive to the enemy.
The Islamic State, since its early inception, made sure to take the utmost care oI
their people who Iell captive. They would ransom them, communicate with them in
captivity, raise their morale and send money to them. 'Umar bin Abdul Azziz (Allah bless
his soul) wrote to the Muslim captives in Constantinople: "You consider yourselves
prisoners. God Iorbid you are such. You are captive Ior the sake oI Allah and rest assured
that I will never divide anything among my people without allocating a share to your
Iamilies. I have sent you each Iive dinars. I am aIraid iI I were to send you more, the
Roman tyrant oI Constantinople might take it away Irom you. I have sent fulan bin fulan
(someone) to ransom your youngest and oldest and your males and your Iemales. I
present you with the good news that you are Iree at whatever cost. Peace be upon you."
171
History records gloriously how the entire umma (Islamic nation), subjects and
leaders, rushed to gather Iunds and al awqaf (endowment treasury) Ior the sake oI
releasing Muslim prisoners Irom the hands oI their enemies to the point that giving Ior
the sake oI Ireeing prisoners during the Crusaders days became a hallmark Ior the
Islamic world. During the Ayoubi era in Damascus, the traders oI Damascus spent with
generosity rarely seen beIore in order to ransom the Moroccan captives who did not have
their relatives nearby to pay Ior them. The Muslim sadiqa in As Sham was entirely
allocated to pay Ior the captives in general and the Moroccan captives in particular.
172
One oI the most enthusiastic Muslim leaders to ransom the captives during the
Crusades was the Prince MudhaIir ad Din Kukabari, the governor oI Al Irbil and
brother-in-law oI Salah ad Din. He would send his messengers to bilad as sham (Syria,
Lebanon and Palestine) twice a year and with them lots oI money to liberate the Muslim
captives Irom the hands oI the Crusaders.
173
The chronicler, Sabat bin Al Jawzi,
174
says
that the Emirate oI Al Irbil ran out oI money because oI giving out the sadiqa and
mentioned that the number oI captives Ireed by this prince (Prince al MudhaIir)
numbered around 60 thousand men and women.
53
One oI the most Iamous oI the awqaf in Damascus allocated to ransom (fida)
captives was the Bimaristan al Qamiri.
175
When the amount oI endowments became so great, the Islamic State established a
specialized diwwan to manage the endowments.
176
This diwwan centered its eIIorts on
helping Muslim and ahal dhimma captives equally. The principle oI ransoming both
Muslim and ahal dhimma captives equally was practiced in every prisoner exchange.
'Umar bin Abdul Azizz (Abbasid period) always made sure to ransom ahal dhimma
captives.
177
The Tatar captured many oI the Arabs, among them many Christians and
Jews. When the Tatars converted to Islam, they released all oI the Muslim captives and
kept the Christians and Jews. Then Ibn Taimiya, the religious Muslim scholar, wrote to
the Emiir oI Tatar, "You must release all oI the Jewish and Christian prisoners because
they are our ahal dhimma. Do not leave a Muslim or dhimmi captive." So, Qatlu Sha,
the Prince oI the Tatars, released all oI the prisoners, Muslim and non-Muslim.
178
The people in the Islamic Maghrib were no less enthusiastic than their brothers in
the Al Mushraq (the east) about ransoming their people who Iell captive to the
Europeans, especially aIter the conIlicts started between the Muslims and the Crusaders
in Al Andulus and on the Moroccan coast, in particular aIter the Iall oI the Andulus in the
year 897 Hijra/1492 A. D. The people oI the Maghrib, Ior example, would go to the
Mosque oI Sheikh Yaya bin Bakaar al Ghamdi, Hijra 960/1552 A.D., to donate their alms
(sadiqa), so that the Sheikh would in turn use it Ior humanitarian causes, most oI which
was applied Ior the release oI Muslim captives.
179
Sultans in the state oI Marinia
180
(Hijra 591-873/1195-1468 A.D.) appear to have
competed with one another in spending money and setting up endowments Ior the sake oI
the Muslim captives. The most generous among such Sultans were Abu Faaris Abdul
Aziz bin Al Abass Al Marini (Hijra 796-799/A.D. 1393-1396) and Sultan Abul Haq bin
Abi Sa'id (Hijra 823-869/A.D. 1420-1465).
181
In the Al Watasi era
182
(Hijra 877-957/A.D. 1472-1550), the rulers continued to
pledge endowments in order to ransom captives. In a document bearing the number 929,
which was Iound in a saIe there, Sultan Abu Abdullah Mohammed Al Portugalli
183
pledged money in the Iorm oI real estate to ransom captives.
184
54
Religious students in the Maghrib were also very instrumental in collecting Iunds
and donations, and contributing their own savings in order to Iree captives. Mohammed
bin Abi Shakir Al Dalaa'i, Ior example, learned oI a charity whose member collected
donations to Iree captives during the era oI Sultan bin Al Mansour Al Dhahabi. He
donated all oI his money, which he had set aside to buy science books, and borrowed
more Irom some people in Fezto give to the Committee.
185
Fuqaha' oI the day played a signiIicant role in encouraging Muslims to spend
their money towards Ireeing Muslim captives. Two such fuqaha', Ior example, were Aba
Abdulallah Habti (Hijra 963 approx./A.D.1555) and Abu Al Qasim bin Khajour (Hijra
953 approx./A.D.1546), who released a religious fatwa calling on the people oI the
Ghamaara tribe to pay their Kafara (atonement) to ransom captives.
186
The eIIorts oI the Islamic Maghrib alone resulted in the Ireeing oI 48,000 captives
in the year Hijra 1200/A.D. 1785.
187
Islamic war ethics have proven to be just both in word and deed and have been the
subject oI praise by trusted and non-biased western analysts. The Italian, Lauri Vishia
Vagaliri, writes in her book deIending Islam,
188
"Islam looks at war as a Iire that needs to
be put out as quickly as possible every time it Ilares up and condemns and prohibits all
war atrocities. Islam has set regulations and established traditions which aim at making
war humane." Similarl, Gustaph Lepointe
189
states, "The truth is that this world has
never known a more peaceIul conqueror than the Arabs nor a religion more tolerant than
the religion oI Islam."
In this section, the Iollowing regarding prisoner's rights in the Islamic State has
been demonstrated::
1) The Islamic Nation is obligated to treat prisoners humanely, as stated in the
Qur'an and Sunna, since leniency towards prisoners is a means towards
Iorgiveness oI sins as one aspect oI Iaith.
2) The liIe oI the captive should be protected and no Iorm oI aggression should be
committed against him/her.
3) The Islamic State is obligated to Ieed, clothe and treat prisoners.
4) Prisoners should not be subjected to any Iorm oI psychological pressure.
55
5) Humane treatment should be considered when placing prisoners in their speciIic
areas oI captivity; young children should not be separated Irom their mothers and
Iathers nor should brothers be separated each other.
6) Pardoning oI prisoners should be a primary consideration oI Islamic leaders when
dealing with the enemy, especially the pardoning and Iorgiveness oI women,
children and the elderly.
7) Mutilation and torture oI prisoners is prohibited because this is not permitted by
Islamic Law.
Regarding the rights oI Muslim prisoners who are held by an enemy and the
duties oI Muslims towards these prisoners, the Iollowing has been established:
1) Children and Iamilies oI prisoners should be nurtured and looked aIter.
2) EIIorts should be made towards their ransoming prisoners and iI money set aside
in the Bayt al Maal al Muslimiin is insuIIicient, then the Islamic Nation should
collect money Ior this goal.
3) Endowments should be set up and the people oI the 'umma (Islamic Nation)
should be encouraged towards this end Ior the sake oI liberating Muslim captives.
4) Correspondence with prisoners should be encouraged as well as sending them
money in order to raise their morale.
5) Special departments should be established to Iollow the aIIairs oI the prisoners
and work should be done Ior their release.
6) Muslim prisoner should maintain Muslim ethics while in prison and avoid
betrayal and treachery. (The story oI Khabib bin 'Udey is a good example oI the
nobility behind Muslim ethics.)
7) The Islamic State should endeavor to release Muslim captives and Dhimmi
prisoners alike without any diIIerentiation between them.
8) As has been established by the Islamic State and ahal khair (the good people) oI
the Nation, prisoners Irom distant lands should be put Iirst beIore local Muslim
captives since they leIt their countries to deIend Muslim borders.
It may be concluded that the law oI mercy, upon which the Islamic civilization
has been built, ensures a prisoner's dignity. It endeavors to save, ransom and spend
56
generously on prisoners Ior the sake oI Ireedom and human dignity. The Islamic Nation
has worked hard to preserve and guard human dignity Iorm tyranny and oppression,
especially during wars and crises.
This is the tolerance and compassion oI our Islamic Nation toward prisoners, our
history which has been penned down in books. Both Iriend and enemy alike have
witnessed its transcendence. Is it not true that those calling Ior Ireedom, democracy and
equality today oIIer the Islamic Nation nothing more than inhumane and humiliating
treatment oI prisoners to in order to Iorce conIessions?
57
CONCLUSION
Through this study, it is possible to conclude the Iollowing:
First: At the heart oI the Islamic Civilization are the principles oI mercy,
compassion, justice and equality. These principles clearly emanate Irom the texts Iound
in the Glorious Qur'an and the accurate traditions oI the Prophet (PBUH). These texts
which descended Irom heaven speak oI the behavior and practices that Iorm the multi-
Iaceted Islamic Civilization and arouse in Iriend and enemy alike an undeniable
admiration. The Islamic Civilization is based upon values which preserve the dignity,
rights and Ireedom Ior all humanity. These principles have stood the test oI time. The
Islamic Civilization has remained true to these principles and never renounced them.
Second: The Islamic Civilization has established legislation Ior non-Muslims
citizens, which guarantees them a liIe with dignity. What has made such Islamic
legislation so eIIective is its connection to worship, since kindness towards the ahal
dhimma is viewed as pleasing Allah and a way to attain Iorgiveness oI sins.
Third: The desire oI the Islamic Civilization to preserve the dignity oI the ahal
dhimma is clearly illustrated through its guarantee oI the Iollowing rights Ior the ahal
dhimma:
1) The right to medical care.
2) Social security in the case oI poverty, loss or disability due to old age or sickness.
3) Freedom to worship in their own houses oI worship.
4) Protection Irom being overburdened or over-tasked.
5) Kind treatment, compassion and the chance to issue Iormal complaints.
6) The right to work and hold public positions in the State (except Ior some Islamic
religious positions).
7) The right to choose a court Ior litigations
8) An opportunity Ior education.
9) The choice to enter Islam without coercion.
10) Protection iI attacked by the enemy and advocating and working Ior their release.
Fourth: The Islamic Civilization worked to integrate the ahal dhimma into
Islamic society through implementing the Iollowing measures:
58
1) Allowing male Muslims to marry Christians or Jews (people oI the Book),
making clear the value oI social integration in order to create an atmosphere oI
harmony between Muslims and non-Muslims.
2) Encouraging the exchange oI visits, participation in public events, the exchange
oI giIts (especially between neighbors) and visiting the sick.
3) Opening all public positions in the Islamic State to Muslims and non-Muslims and
placing the qualiIications oI an individual over all other considerations.
4) Avoiding the discussion oI religious issues with the People oI the Book,
especially issues that cause hatred and ill and keeping all discussions civilized.
5) Encouraging the learning oI Arabic and using it as a means to teach their belieIs.
6) Allowing the ahal dhimma to preserve their identity. The Islamic Civilization did
not interIere with the ahal dhimma's art, traditional dress nor architectural design.
Rather, it allowed the ahal dhimma to preserve their religious and national
identity as long as their practices posed no harm to the Islamic Nation.
7) Showing respect to their leaders and recognizing their status as such in the Islamic
Nation.
FiIth: The Islamic Civilization's tolerance toward non-Muslims is most highly
evidenced by what is stated in Islamic Law with regard to its noble code oI ethics during
war:
1) Prohibiting the killing oI non-combatants such as women, children, elderly,
clergymen and the sick.
2) Prohibiting the destruction oI homes and Iarmland or burning public property
Iollowing the end oI a military operation.
3) Prohibiting the killing and torture oI prisoner or subjecting them to any Iorm oI
psychological, physical or social pressure.
4) Honoring all treaties and pledges.
Sixth: The Islamic Civilization is distinguished by the great number oI its
scientists Irom among the ahal dhimma, who excelled in various Iields oI knowledge and
those who held high positions in several Islamic states throughout history. There are
59
numerous translated texts attesting to opportunities, which allowed the ahal dhimma to
take scientiIic initiatives Iorward. Had it not been Ior the justice and security that they
lived under, their creativity would surely have been stiIled, Ior how can the IearIul,
hungry and oppressed be creative?
Seventh: Finally, there is what has been recorded in books on Islamic tradition,
regarding the ahal dhimma's preIerence to be tried in Islamic courts as substantial prooI
Ior the success oI the Islamic Civilization in gaining the trust oI all people oI various
belieIs. It has also been shown how the Islamic Civilization held interest in the progress
and development oI the ahal dhimma, including that oI their religious institutes. We
have seen that the Islamic Civilization protected the heritage oI both Christians and Jews
since several private religious positions were held by the Jews during the rule oI the
Islamic Civilization. Perhaps, though, it is the corroborative testimony Irom reliable
western and eastern scholars which best establishes the Islamic Civilization as a
civilization that encompassed the principles and values which ensure dignity, prosperity
and wellbeing Ior all humankind.
As our Iinal invocation, may all praise and thanks be to Allah, Lord oI the al 'alamiin
(humankind, jinn, angels and all that exists).
60
Authors Footnotes Translated
1
Dhimma means security, commitment and peace. Muslim jurists and historians consider the ahal
dhimma to consist oI Jews, Christians, Magians, Mandaeans (Christians oI St. John), Sabians (pagans oI
Harran), and Samaritans. See: Al Fairouzibadi, =,=-' ,-'-' (Comprehensive Dictionary), volume 4, pg.
115; YousiI Al Kharij, PP. 23; Al Mawardi, ,-''-' '=` (Governing Principles), pp. 144-143 and;
Tartoun, `-` --' . (Non-Muslims in Islam), pp. 1.
2
,` --' ,- ) 83 ( (Surat Al Baqara, verse 83)
3
,` -'- ,- ) 34 ( (Surat Al Fussilat, verse 34)
4
,` -=---' ,- ) 8 ( (Surat Al Mumtahina, verse 8)
5
,` ,-' ,- ) 46 ( (Surat Al 'Ankabut, verse 46)
6
,` --'-' ,- ) 5 ( (Surat Al Maida, verse 5)
7
Al Khatib Al Baghdadi, -- _,'- (History oI Baghdad), volume 8, pp. 370; Abu Hajar Muhammad Al
Sa'yid Zaghloul, -,-=' = =,-,- (Encyclopedia oI Hadith), volume 8, pp.5.
8
Al Hindi, '-= - (Laborers' Treasures), no. 10913; -=' = =,-,- -, (Encyclopedia oI Hadith),
volume 8, pp. 4.
9
Abu Dadud, no. 3052; Al Baihuqi, -' --' (Greater Traditions), volume 5, pp. 205; Ahmed bin
Hanbil, ----' (Al Musnad), volume 2, pp. 186.
10
Abu Dadud, Hadith no. 3050.
11
,-'=- '=-' _,=- ---' (Truths oI Al Bukhari in the Al Sundi Household), volume 4, pp. 192; see Abu
Dadud pp. 33 in line with Ibn Qayim Al Jowziam --' . '= (Principles oI the ahal dhimma), volume 2,
pp 841.
12
,-'= '-=-' -' (Chosen Gemstones and the Household oI Ibn 'Abadin 'Aleh), volume 3, pp. 244-246
13
Al Qardawi, -`-` _--=-' ,-'--' ,= (Non-Muslims in Islamic Society), pp. 15.
14
Al QaraIi, -' (Al Faruq), volume 3, pp. 14; part 19 and 100.
15
Al QaraIi, -' (Al Faruq), volume 3, pp. 15; Anwar Al Jundi, -'-' -`-` _,'-' ''- (Features oI
Modern Islamic History), pp. 59.
16
,` -` ,- ) 70 ( (Surat Al Israa), verse 70.
17
,` ==' ,- ) 1 ( (Surat Al Hijrat), verse 13.
18
,` '--' ,- ) 1 ( (Surat Al Nisa), verse 1.
19
Ahmed, ----' (Al Musnad), volume 3, pp. 411.
20
,-' _-'=' (The Little Masjid), volume 2, no. 7684, Abdul RauI Al Manawi; Shams Ad Din, - ,-,-'
,-' _-'=' (Explaining The Little Masjid)
21
,` --'-' ,- ) 32 ( (Surat Al Maida), verse 32.
61
22
Abu 'Ubaid, ,-` (The Treasury), pp. 263-264.
23
Abu YuseI, =' (Al Kharaj), pp. 72-23.
24
pp. 194.
25
YuseI Al Qardawi, -`-` _--=-' ,-'--' ,= (Non-Muslims in Islamic Society), pp. 10.
26
Salama Mohammed Al Baloui, -=- =,'- ,-`-` '-' '--' (Justice in the Islamic State: Its
History and System), volume 1, pp. 346.
27
ibid., volume 1, pp 346-347.
28
Al Asma'I said Al Awraq is a camel which is black and white. It is the sweetest oI camel meats. Its labor
and gait is not appreciated. Abu Zaid said that its color is greenish. See: Al Jawahiri, '=-' (The
Accurate), volume 4, pp. 1565, '-.
29
He was Sharih bin Al Harith bin Qais Al Nakha'i Al Kanidi Abu Umaya, He was a judge in Basra Ior
seven years and in KuIa Ior 53 years. He was a Mukhadarum (lived in 2 eras). He knew both the Jahaliya
and Islamic eras. It is said that he had a companion and there are diIIering opinions about the date oI his
death (72 -80 Hijri). For more about his liIe see: Ibn Al Jouzi, ,--' -- (The best oI the Best), volume 3,
pp. 38-41; Waki'a, '--' '-= (Judges' Stories), volume 2, pp. 199-198.
30
Al Sabhani, ','` ,'= (Jewel oI the Pious), volume 4, pp 139-140; As Sayuti, '-'=' _,'- (History oI the
KhaliIa), pp. 292-293; Waki'a, '--' '-= (Judges' Stories), volume 2, pp. 195, 200. Also mentioned in Ibn
Al Athir, .-'' (Totality), volume 3, pp. 401; in Ibn Kathir, ,'+-' ,--' (The Beginning and the End),
volume 8, pp. 4-5 and; in Abu Al Fada , --=-' --' '-= (Synopsis oI Humanity), volume 1, pp. 182.
He was Christian.
31
Ahmed Al Bahi, `-` '--' _,'- (History oI the Judges in Islam), pp. 194; Salama Mohammed Al
Baloui, see above, volume 1, pp. 362.
32
'--' -'=-' (The Good virtuous-and the Bad-vices), pp. 494.
33
Ibn Al Jouzi, '==' - -= _,'- (The History oI Omar bin Al Khatab), pp. 99-100.
34
Al Tabri, -=' _,'- (History oI Al Tabri), volume 6,pp. 568; Ibn Al Athir, .-'' (Totality), volume 5,
pp. 60-61.
35
Abdul'Aziz Sayed Al Ahal, ,' --= - -= -' -,'=' (KhaliIa Al Zahid Omar bin 'Abdul Al Aziz), pp.
182.
36
Yaqut Al Hamwi, -'-' =- (Dictionary oI Countries), volume 1, pp. 391; Al Biladhri, -'-' ,-
(Conquests oI Countries), volume 1, pp. 77.
37
Salama Mohammed Al Baloui, cited above, volume 2, pp. 87.
38
Ibn Al Jouzi, ,' --= - -= ,- (Biography oI Omar Bin Abdul Al Aziz) pp. 77; Salama Al Baloui,
cited above, volume 2, pp. 87.
39
Al Tabri, cited above, volume 6, pp.569
40
Ibn Al Jouzi, - ,' --= - -= , (Biography oI Omar bin Abdul Aziz), pp. 59.
41
Ibn Hajir, -- '- = -` _ (LiIting the Penalties oI the Egyptian Judges), volume 2, pp. 284; Al
Kandi, '--' `,' (The Governors and the Judges), pp. 332-333.
62
42
Al Dhahabi, `--' `= ,- (Biographies oI the Prominent Nobles), volume 5, pp. 146-147.
43
Ibn Al Jouzi, ,--' ,-- (The Best oI the Best), volume 2, pp. 116-115; Ibn Al Jouzi, --= - -= ,-
,' (Biography oI Omar Ibn 'Abdul Al 'Aziz ), pp. 43-44, 86; Ibk Kathir, ,'+-' ,--' (The Beginning and
the End), volume 9, pp. 213.
44
Ibn Abdul Al Hakim, ,' --= - -= ,- (Biography oI Omar Bin 'Abdul Al 'Aziz), pp. 155.
45
Ibn Sa'ad, '--=' (Classes), volume 5, pp. 342.
46
Waki'a, '--' '-= (Judges Stories), volume 3, pp. 88.
47
cited above, volume 3, pp. 69.
48
cited above, volume 3, pp. 259.
49
Al Anbari, -- -'--' '=-' (The Judicial System in Baghdad), pp. 65, commentary no. 2.
50
Al Ramali, '+--' - _' '-=-' ,'+- (Ending the Need to Interpret Curriculum), volume 8, pp. 46, '-
,- (Book oI Biographies).
51
Abu 'Ubiad, ,-` (The Treasury), pp. 727-728.
52
Al Bihaqi, -' --' (The Greater Traditions), volume 3, pp. 437, discussion no. 3051; Abu YusiI, ='
(Al Kharaj), pp. 257-258; Abu 'Abeed, cited above, pp. 263.
53
It is related that the Prophet (PBUH) visited a Jewish boy who was sick. The Prophet sat near the boy's
head and said, "Submit to Allah." The boy turned to his Iather and his Iather said, "Obey, Abu Al Qasim
(The Prophet- 1
st
son was Qasim). The Prophet (PBUH) said, "Praise be to God who has saved him through
me Irom the Hell Iire."; Ibn Qiyam Al Jouzi, --' . '= (Principles oI the ahal dhimma), volume 1, pp.
201.
54
It has been proven about the Prophet (PBUH) that he purchased an item on his journey Irom a Jew and
that he accepted Irom the Jew 30 (Wasqan- unit oI weight measurement.) oI barley in bartering Ior his
armor. See Ibn Qiyam Al Jouzi, --' . '= (Principles oI the ahal dhimma), volume 1, pp. 269.
55
YusiI Al Qardawi, -`-` _--=-' ,-'--' ,= (Non-Muslims in the Islamic Society), pp. 46-47.
56
Ibn Hazim, _'=-' (The Sweet ), volume 5, pp. 117; Abu 'Ubaid, ,-` (The Treasury), pp. 613.
57
Ibn Hajir, '-' _- (Conquests oI the Creator), volume 13, pp 504. It is understood that 'neighbors'
reIerred to: the Muslims, the KaIir (unbelievers), worshippers, the desolate, Iriends, enemies, relatives,
locals, strangers, and Ioreigners. II, Ior example, Ibn 'Umar slaughtered a goat, he would tell his wiIe to
give some oI it to a Jewish neighbor.
58
Abu YousiI =' (Al Kharaj tax), pp 136; Ibn Qiyam Al Jouzi, --' . '= (Principles oI the ahal
dhimma), volume 1, pp. 38.
59
Al Biladhri, -'-' ,- (Conquests oI Countries), pp. 131.
60
Abu YuseI, =' (Al Kharaj), pp. 151-172, 144.
63
61
Abu Yuse =' (The Kharaj), pp. 49; Yehya bin Aadam Al Qarshi, =' (The Kharaj), pp74; Al
Bihaqi, -' --' (The Greater Traditions), volume 9, pp 206, '-,' '- (The Guardian) in '-' .
(People oI the Book), Al Bakhari mentions in _,=-' (The Truth).
62
Al Tabri, ,'-' .-' _,'- (History oI the Prophets and Kings), volume 4, pp. 281.
63
Ibid., volume 5, pp.44.
64
Ibn Sa'ad, -' '--=' (The Greater Classes), volume 5, pp. 380.
65
Ibn Al Jouzi, ,' --= - -= ,- (biography oI Omar bin Abdul Al 'Aziz), pp. 71.
66
Abu 'Ubaid, ,-` (The Treasury), pp. 340-341.
67
Abu 'Ubaid, ,-` (The Treasury), pp. 57; Ibn S'aad, -' '--=' (The Greater Classes), volume 5, pp.
380.
68
-' '--=' (The Greater Classes), volume 5, pp. 38.
69
Al Tabri, ',-' _-'= (Compiling the Qur'an), volume 28, pp. 42.
70
--' - '=-' _,=- (Al Bakhari in Explaining the Conquest), v. 3, pp 142, (This was during the truce
with the Quraish).
71
Abu Bakr Mohammed Al Sarkhi, ,-' -,-' - (Explaining the Great Master), v. 1, pp. 144.
72
--=' '` -'-` - - = (The Story oI Capturing Thamama bin Athal AL HanIi), see, Al Bakhari, '-
'-' (Book oI Essence), ch. on -,-= -- - (Delegation oI Bani HaniIa), v. 5, pp. 324; Mussalim, =- '-
-=--' ,-`(ch. on Tying the Captive in a Mosque), no. 1764; Ibn Hisham, ,,--' ,-' (Biography oI
the Prophet), v. 4, pp. 245.
73
Ibn Hajar Al 'Asqlani, '-' _- (Conquest oI the Creator), v. 13, pp. 17, --' -',' '- ` '-
(Relation oI the Father the Associate); Ibn Kathir, ,` - ,--- (Interpreting Ibn Kathir), v. 4, pp. 349.
74
Ibn Qiyam Ah Jouzia, --' . '= (Principles oI the Ahal Dhimma), v. 1, pp. 305; In another story, it is
related that she had a Jewish brother and asked him to become Muslim, but he reIused. She then
recommended Ior him (willed to him) 1/3 oI the 100 thousand. Ibid. (same source and pp. above).
75
Imam Ahmed, ----' (Al Musnad), v. 2, pp. 33.
76
Mohammed TawIiq Abu Atla, '--` ,-= =,-,- (Encyclopedia oI Human Rights), pp 26-27, article 18
Irom '--` ,-=' -''' `=` (World Declaration on Human Rights).
77
---' '-' (The Bible), ch. 7, ,-`-' -- (Book oI Deuteronomy), pp. 290
78
Ibid., ch. 12, .,-,-- -- (Book oI Samuel), pp. 444.
79
The Talmud, considered the Jewish Holy Book written by Jewish religious scholars; See Mohammed
Sabri, .,-- -- ,- ,-'-' (The Talmud: Law oI the Bani Israel), pp. 9.
80
Ahmed Shalbi, ,,+,' (The Jew), pp. 271, ,=,--' (The Christian), also by Ahmed Shalbi.
81
Abdul Munam Shamis, ---' .,-- -- '- ,-'-' (The Talmud, Holy Book oI the Bani Israel)
82
Saul Padhorur, ,=--,-' -- (The Meaning oI Democracy), pp. 88.
64
83
The Courts oI Inquisition continued practicing their heinous crimes until 1809; Ior more details on these
courts and what sorts oI crimes occurred, see: Abul Rahman Al Haji, '+-,''- --'' ,---' '=-
(Tyrannical Courts oI Inquisition and Their Methods), booklet oI 96 pages though small in size an
excellent source; Mohammed Abdul Allah Anan; '--` ,'+- (The End oI Al Andolus).
84
,` --' ,- ) 256 ( (Surrat Al Bakara), verse 256.
85
,` -,, ,- ) 99 ( (Surrat Al Yunis), verse 99.
86
Ibn Kathir, ,=' '-' ,--- (Exegesis oI the Holy Quran), v. 1, pp. 551.
87
Ibn Hisham, '- - ,- (Biography oI Ibn Hisham), v. 2, pp. 119-123.
88
Ibn Qiyam Al Jouzia, '-' (Provisions Ior Al Maad.),v. 3; See: --' . '= (Principles oI the ahal
dhimma), v. 1, pp. 187.
89
Abu Dawoud, ,- -- (The Sunnah oI Abu Dawoud). V. 3, pp. 78, no. 2682, ch. In '= -, ,-`
`-` (Captives Forced into Islam); Ibn Qiyam Al Jouzia, --' . '= (Principles oI the ahal dhimma), v.
1, pp. 69-70; Mohammed Rashid Ridaa, '--' ,--- (Interpreting the Minar-Light), v. 1, pp. 17.
90
See ,-'--' -- -' ,- ,--- (TaIsir oI Surat Al Barouj (galaxies) in Books oI TaIsir.
91
Mohammed Hamid Allah Al Haidar Abadi, --' `'=' ,--' -+' ,-',-' --'`,' =,-=- (A Collection
oI Political Documents Irom the Era oI the Prophet and Wise KhaliIas), pp. 345-346, no. 357.
92
Abu YusiI, =' (Al Kharaj), pp. 146.
93
Al Tabri, ,'-' .-' _,'-' (History oI the Prophets and Kings), v. 5, pp. 364.
94
Ibn Abdul Hakim, ,' --= - -= ,- (Biography oI Omar Bin Abdul Al Aziz., pp. 167.
95
AIiI Abdul Al Fatah Tabari, ,-'-'` = -=,-= -=- = -`-` ,-' (The Spirit oI Islam through the
Translation oI Khadakhashan in German), pp. 279.
96
Al Tabri, ,'-' .-' _,'- (History oI the Prophets and Kings), pp. 741; Ior inIormation on the position
oI ,''=' (Ras Al Jalout), see Al Khawarizmi, ,'' _,-'-- (Keys to Knowledge), pp. 24.
97
Tartoun, `-` --' . (The ahal dhimma in Islam), pp. 105; Saeed Abdul Al Fatah Ashour, ,=-
_=-,' ,-' '- (Research and Studies in the Middle Ages), pp. 93.
98
Adam Mertz, =+' _-' -' ,-`-` '-=' (The Islamic Civilization in the 4
th
Century Hijra), v. 1,
pp. 55, 67.
99
Will Durant, '-=' - (Story oI the Civilization), v. 13, pp. 130.
100
Thomas Arnold, `-` _' ,=-' (Call to Islam), pp. 164, 79.
101
Abdul Al Wahab, Al Masiri, ,-,,+-' '=`=-` ,'--' =,-,- (Encyclopedia oI Zionist Concepts and
Terms), pp. 149.
102
Al Qalqashindi, _-=` _-- (Morning oI Al Aasha), v. 5, pp. 445.
103
See the same previous source and pp.
65
104
Carl Bruckleman, +-'-= ,,-'-`' -` (Turkish and 'Uthmani Civilization), pp. 114-115.
105
-`-` _,'-' -,-' =,-,-' (The Encyclopedia oI Islamic Civilization), l. 882.
106
For more details on the opinion oI the Ulama and employing the ahal dhimma in state positions,
especially the opinion oI critics, see Ibn Qiyam Al Jouzia, --' . '= (Principles oI the ahal dhimma), v.
1 pp 208-235 where Omar Bin Abdul Al Aziz prohibited them Irom holding state positions; see also: Al
Mansour, Al Rashid, Al MaMoun, Al Matoukal and Al Muqtadar. For details on the ahal dhimma in the
Abbasid State, see: Shakar Mustapha, '-' -- ' (The Abbasid State), v. 2, pp. 101-171.
107
Adam Mertz, _-' -' ,-`-` '-=' (The Islamic Civilization in the 4
th
Century), v. 1, pp. 62-63.
108
Adam Mertz, ibid., v. 1, pp. 105.
109
GustaI Loubin, ' '-=' (Arab Civilization), pp. 128.
110
Tartoun, `-` --' . (The ahal dhimma in Islam), pp 170, 256.
111
Al Kharboutuli, --' . `-` (Islam and the ahal dhimma), pp 145-147.
112
Abdul Aziz Al Duri, =+' _-' -' '--` ' _,'- (History oI Iraqi Economy in the 4
th
Century Hijri), pp. 173.
113
,--' '- (Book on Money), pp. 35.
114
Al Yaqoubi, -,-,' _,'- (The History oI Yaqoubi), v. 2, pp. 223; Ibn Abi Asbaa, '--= '--` ,,=
'-=`(Accounts oI the Medical ProIession), pp. 171.
115
Al Bashari, '-' ,' (The Ministry and the Quran), pp. 34, 48, 59; Will Durante, '-=' - (Story
oI a Civilization), v. 3, pp. 133.
116
Ibn Abi Asbia, see above, same pp.
117
ibid., 721.
118
Ibid., pp. 579; For more details on employing the ahal dhimma in public positions in the Abassid Era,
see: Shakar Mustapha, previous reIerence, v. 2, pp 114 and what Iollows.
119
Al QaraIi, -' (Farouk), v. 3, pp. 115.
120
Abdul Karim Farhan, _,'-' -= =' - (War Prisoners throughout History), pp. 15-16.
121
Ibid., pp. 12-13.
122
Ibid, pp. 12.
123
Ibid. pp. 23.
124
Abdul Aziz Salam, `-` .- ' _,'- '- (Studies on Arab History beIore Islam), pp. 239.
125
Abdul Karim Farhan, ibid., pp. 17.
126
Abdul Rahman Al Haji, '+-,''- --'' ,---' '=- (Tyrannical Courts oI Inquisition and their Methods),
pp. 34-36.
66
127
Mohammed Ali Al Hassan, --' '-' ,'-' '`' (International Relations in the Quran and
Sunnah) pp. 170; Hiba Al Zahili, -' -`-` --' (Islamic Fiqah and '), pp. 423.
128
Ihsan Al Hindi, '' '-' ,-'-' '-- =' '-' (General International Legal Principles in Peace and
War), pp. 266.
129
Mohammed Rida, ,-'--` '=- (Humanitarian Heroes), pp. 415.
130
Akram Diya Al Amzi, ---' --=-' (Civil Society), pp. 179.
131
Subhi Muhamsani, ,'-' '`' ,-'-' (Law and International Relations), pp. 215; Anwar Al Jundi, ''-
,-',- ,` -'-``` `= - -'-' -`-` _,'-' (Contemporary Islamic Historic Features Found in 300
Political Documents), pp. 210.
132
Ali Mohammed Mohammed Al Salabi, -'-`' '-' ,--' '-- ,+-' .-,= , (The Othmani State:
Factors behind its Rise and Reasons Ior its Fall), pp. 105.
133
Subhi Muhamsani, see above, pp. 251.
134
Abu Dawoud, - -- (The Sunnah oI Abu Dawoud), v. 3, pp. 72, discussion no. 2269,; Ibn Qiyam
Al Jouzia, --' . '= (Principles oI the ahal dhimma), v. 1, pp. 43-44, -,-' (Al AsiI) means the hired
hand.
135
Ibn Qiyam Al Jouzia, ibid., v. 1, pp. 44.
136
Al Sanaani, `-' .-- (The Ways oI Peace), v. 4, pp. 46; Ibn Qiyam Al Jouzia, see above, v. 1, pp. 4.
See: '-- -,=- (Toward a Muslim), '+=' (Jihad), v. 3, no. 1356; Al Tabarani, no.s 1431, 3396. 4162.
137
Mohammed Fouad Abdul Al Baqi, '=,-' ,'= -- '- '=-' ,','' (Pearls and Coral that the Two
Sheikhs Agreed On), v. 2, pp. 344; - ,-' -- '-- _,= (Muslims Interpretation oI Al Nawawi); Al
Bakhari, -,' -- (Interpreting Al Aini), v. 13, pp. 115.
138
Al Tabri, -=' _,'- (History oI Al Tabri), v. 3 pp. 227; Al Shoukani, '=` .,- (Obtaining Sound), v. 8,
pp74, ch. = -' '`-' (Stop Mutilation), Ibn Qiyam, --' . '= (Principles oI the ahal dhimma), v. 1 pp.
50.
139
Mohammed Al Sharbini Al Khatib, '-=-' -- (Provider Ior the Needy), v. 4, 277.
140
Al Saani, `-' .-- (Ways oI Peace), v. 3, pp. 49.
141
Al Bakhari, .-'--' '- (Book oI Virtues) see 64, ch. on '-`= -'-- (Virtues oI Othman), v. 4, pp. 245,
no. 3699.
142
Al Haithami, --' _-=- (Al Zawaid Academy), v. 3, pp. 31.
143
Abu Shaba, ,,--' ,-' (Prophetic Biography), v. 2, pp. 176.
144
Surrat Al Insan, verses 8 and 9.
145
Ibn Hisham Biography, v. 3, pp. 54.
146
Al Bakhari, no. 2819, ,-' '+=' (Jihad and the March), ,-` ' (Releasing the Captives).
147
Ibn Kathir, ,` - ,--- (Interpretation by Ibn Kathir), v. 4, pp.; Ibn Hisham, ,,--' ,-' (Prophetic
Biography), v. 2, pp. 282; Al Haithami, --' _-=- (Al Zawaid Academy), v. 6, pp. 86; Ibn Kathir, ,--'
,'+-' (The Beginning and the End), v. 3, pp. 313.
67
148
Al Waqadi, '-' (Al Mugazi), v. 1, pp. 119.
149
Al Bukhari, '-' '- (Book on Al Mugazi), ch. on Delegates oI the Bani HaniIa (Tribe), v. 5, pp.
324; Musalim, '+=' (Jihad), ch. Tying up Captives in the Mosque, no. 1764, Ibn Hisham (Biography), v. 4,
pp. 245; Mohammed Al Haidar Abadi, =' ,--' -+'' ,-',-' -'`,' =,-=- --' ` (Collection oI Political
Documents during the Era oI the Prophet and Wise Khaliphas, pp. 29-30.
150
Mohammed Abdul Allah Daraz, `-` '' '-' ,-'-' '-- (General Principles oI Law in Islam), pp.
8-9.
151
Ibn Qadama, --' (The Provider), v. 10, pp. 47-467; ,-'' -+-' - ,-'' ,-=-' (Al Nawiwi
Collection Interpreted by Al Sheirazi), v. 9, pp. 400-4001.
152
Ibn Hisham, ,,--' ,-' (The Prophets Biography), v. 2, pp. 293.
153
Ibn Kathir, ,'+-' ,--' (The Beginning and the End), v. 3, pp. 313.
154
The Battle oI Baath Al Rajia was in the month oI SaIar, 4 Hijri when the two tribes oI Adil and Al
Qara betrayed 10 oI the Prophets companions, who had been sent by the Prophet (PBUH) to teach them
Islam. For more details on the tragedy oI Al Rajia, see: Ali Mohammed Mohammed Al Salabi, _-' =
-= .,'=- (Reality and Analysis oI Events), v. 2, pp. 852-858.
155
Akram Daiha Al Amri =,=-' ,,--' ,-' (The Prophets Biography), v. 1, pp. 399.
156
SuIi Al Rahman Al MubarkaIuri, ibid., pp. 292.
157
Surat Al Rahman, verse 60.
158
Ibn Hajar Al Asqlani, -'-` (The Truth), v. 4, pp. 329; Ibn Hisham, Biography, v. 4, pp. 211.
159
Al Baihaqi, ,--' .-` (Evidence oI the Prophet),v. 5, pp. 341; Ibn Kathir, ,'+-' ,--' (The Beginning
and the End), v. 5, pp. 67-68.
160
Ibn Abdul Al Bar, ',--` (Comprehension), v. 4, pp. 125; Ibn Hajar, -'-` (The Truth), v. 4, pp. 121.
161
This massacre occurred aIter the Iall oI Aga Ali at the hands oI Richard the Lion Heart. See Al
Nawadr ,-'='-' (The Sultanate), pp. 163-164.
162
Ahmed Al Sharbasi, `-` --' =,-,- (Encyclopedia on Al Fida (repentance) in Islam), v. 4, pp.
467.
163
Ibn Shidad, ,-'='-' ,-' (The Sultanate) pp. 383; Abu Shama, ,--' (The Garden), v. 2, pp. 203.
164
Ahmed Al Sharbasi, see above, v. 4, pp. 468.
165
Ibn Shidad, see above, pp. 151.
166
Ibid., pp. 156.
167
Said Abdul Al Fatah Ashour, _=-,' ,-' '- ,=- (Studies and Research on the Middle
Ages), pp. 49-51.
168
Ali Mohammed Al Salabi, ,-'-`' '-' : ,--' '-- ,+-' .-,= (The Uthmani State: Factors Ior its
Rise and Fall), pp. 177-179.
68
169
Ibid., pp. 180.
170
GustaI LePointe, ' '-= (Arab Civilization), pp. 72.
171
Ibn Abdul Al Hakim, ,' --= -= ,- (Biography oI Omar Abdul Al Aziz), pp. 144.
172
Ibn Jabir, '=' (The Journey), pp. 280.
173
Al Qazaweini, `-' '`' (Antiquities oI the Country), pp. 290.
174
'-' '- (ReIlections oI the Past), v. 8, pp.682.
175
Mohammed Kurd Ali; '-' === (The Al Sham Plans), pp. 164, See: ' --' -- = ''
(Other AwqaI in Egypt) Ior the same purpose pg. 79; Al Maqrizi, ===' (The Plans), v. 2, pp. 79.
176
Al Qalqashdi, _-=` _-- (Morning oI Aisha), v. 4, pp. 191.
177
Ibn Saad, -' '--=' (The Greater Class), v. 5, pp. 369.
178
TawIiq Ali Wahba, ',=' ,- `-` (Islam the Law oI LiIe), pp. 208.
179
Mohammed Al Habib Al Tajkani, -'` '-=` (Obligated Charity), pp. 546.
180
A dynasty under Berber rule in the Maghrib, Abdul Al Haq Al Mariini established the dynasty over the
ruins oI the Muhadiin state. Among its most well-known kings were: Abu YousiI who conquered
Maracash in 1269 m. and Abu Al Hassan who conquered Talmasan in 1337 m. Ibn Khaldun, Ibn Al Khatib
and Ibn Batuta lived during this period.
181
Abdul Al Hadi Al Tazi, ,,-' _-'= (The Al Qaruwin Mosque), v. 2, pp. 457.
182
The Al Watasiyuon was a Maghrabi dynasty related to the Bani Mariin (tribe), which they ruled in the
eastern countryside oI the Maghrib. Their Iirst king was Abu Zakariya, known as the Sheikh (910-1504
m.)Abu Abdul Allah bin Al Ahmar, another king oI Granada in Andulus, took reIuge under him. The Al
Sa'adiyoun deIeated them and took over.
183
This sultan was captured by the Portuguese Irom Asila . He was seven years old and rema ined captive
seven years . For that reason , he wa s nicknamed Al Portugali . He ruled Irom 910 - 932 Hijri ) 1505 - 5024
m .(. See : ',-, -- (A Description oI AIrica), pp. 242.
184
Abdul Al Hadi Al Tazi, see above, v. 2 pp. 457.
185
Mohammed Al Habib Al Tajkani, see above, pp. 547.
186
Mohammed bin Askar Al Shakshawini, -'' -' ,'-- - -''- ' - -'=-- -'-' = (Deeds oI the
10
th
Century Prominent in the Maghrib), pp. 7-17.
187
Ibn Zaydan, '-' `= '=- (Pleasing the Elite), v. 3 pp. 255.
188
pp. 11-12.
189
Arab Civilization, pp. 72.
69
Authors ReIerences Translated
The Noble Quran
Ibn Al Athir, Abu Al Hassan Ali Mohammed, _,'-' .-'' (A Comprehensive
History), Dar Al Fakir, Beirut, 1978.
Al Asbahani, Abu Niim Ahmed bin Abul Allah, ',--` '--= ','` ,'= (Jewel oI the
Pious), Al Saada Publishers, Cairo, 1932.
Al Anbari, Abdul Al Rizaq Ali, -'-' -' -- -'--' '=-' 145 - 656 (The
Judicial System in Baghdad in the Abbasid Era 145-656), Doctorate thesis,
College oI Literature, University oI Baghdad, 1975.
Arnold, A. Thomas, `-` _' ,=-' (Call to Islam), translated by Hassan Ibrahim and
others, Al Nahada Books, 1971.
Son oI Abi Asiba, Ahmed, '-=` '--= '--` ,,= (Accounts oI the Medical
ProIession), Beirut, Al Hiyat Books.
Al Bukhari, Mohammed bin Ismail, _,=-' _-'=' (The PerIect Mosque), World oI Books
('Aalam Al Kutub), Beirut, 4
th
publication, 1985.
Bruckleman, Carl, +-'-= ,,-'-`' -` (The Turks and Othmani Civilizations),
translated by Nabih Amin and Munir AL Baalbaki, Dar Al ilm Lilmilaayiin,
Beirut, 1
st
publication, 1949.
Al Biladhari, Ahmed bin Yahii, -'-' ,- (Conquering Countries), sponsored by the
Committee Ior Heritage, Al Hilal Books, Beirut, 1
st
publication, 1983.
Al Baghdadi, Al Khatib, -- _,'- (History oI Baghdad), Al Saada Publishers, Egypt,
1930.
Al Balui, Salama Mohammed, -=- ,-`-` '-' '--' (Justice in the Islamic State:
Its History and System), published by the Arab Center Ior Security Research and
Training in Riyadh, 1994.
Al Baihaqi, Abu Bakr Ahmed bin Al Hassan, -' --' (The Greater Sunnah), published
by Haidarbad Books, Al Dukan, India, 1936; ,-' -='- ,= - ,--' .-`
(Prophetic Evidence and AIIairs oI the Sharia Lawmaker), edited by Abdul Al
Muati Qalaji, Dar Al Kutub Al 'Ilmiya (ScientiIic Books), Beirut, 1
st
publication, 1985.
Al Baihaqi, Ibrahim bin Mohammed, '--' -'=-' (Vices and Equality), Sadar Books,
Beirut, 1970.
Tartoun, A. S., --' . `-` (The Ahal Dhimma in Islam), translated by Hassan
Habshi, Cairo, 1976.
Al Tajkani, Mohammed Al Habib, -' -'-,-=- `-` -'` '-=` (Necessary
Virtues in Islam and Their Application in the Maghrib), Ministry oI Endowment
and Islamic AIIairs, The Moroccan Kingdom, 1990.
Ibn Jabir, Abu Al Hussein Mohammed bin Ahmed, ,-= - '= (The Journey oI Ibn
Jabir) Beirut Books Ior Publication, Beirut, 1979.
Ibn Hajir Al Asqalani, Ahmed bin Ali, -- '- = -` _ (LiIting the Penalties oI
the Egyptian Judges), edited by Hamad Abdul Al Majid, -'-' --', Cairo, 1961;
Fatah Al Bari, Interpreting Sahiih Al Bukhari, Abi Hiyan Books, Cairo, 1
st
edition, 1996; -'=-' ,,-- -'-` (Recognizing the Truth) Al Saada Books in
the Juwar Province, Egypt, 1
st
edition, 1910.
70
Al Jahashiyari, Abu Abdul Allah Mohammed 'Abdus, '-' ,' (The Ministry and
the Qur'an), edited by MustaIa Al Saqaa and others, Cairo, 1
st
edition, 1938.
Ibn Al Jouzi, Abdul Rahman, '==' - -= _,'- (History oI Omar bin Al Khatab), Royal
Commerical Books, Amman, Jordan, d.t.; ,' --= - -= ,- (Biography oI
'Omar bin Abdul Aziz, Dar Al Fikr, d.t.; ,--' -- (The Best oI the Best), edited
by Mahmoud Fakhouri, Halab, 1
st
edition, 1969.
Al Jouhari, Ismail bin Hamad, '=-' (The Reliable) edited by Ahmed Abdul Al GaIour
'Atar, Cairo, 1982.
Al Joundi, Anwar, -'-' -`-` _,'-' ''- (Feature oI Modern Islamic History) Al
Mansour Publishers, Cairo, 1981.
Al Haidrabadi, Mohammed Hamiid Allah, =- --' `=' ,--' -+'' ,-',-' -'`,' =,- (A
Collection oI Political Documents Irom the Era oI the Prophet and Wise
KhaliIas), Committee Ior Compilation, Translation and Publishing, 2
nd
edition,
1956.
Ibn Hanbal, Ahmed bin Mohammed, ----' (Al Musnad), Dar Al Fiqr Al Arabi, Beirut,
d.t.
Al Hamoui, Yaqoub bin 'Abu Allah, -'-' =- (Dictionary oI Countries), Dar Iha'i Al
Turath Al Al 'Arabi (Revitalizing Arab Heritage) Books, Beirut, d.t.
Al Haji, Abdul Al Rahman, -,''- --'' ,---' '=- '+ (Tyrannical Courts oI Inquisition
and Their Methods), Kuwait, 1
st
edition.
Al Hamidi, Abdul Al 'Aziz, -= -,- -`-` _,'-' (Islamic History: Attitudes and
Ethics), Dar Al Da'awa, Alexandria, 1
st
edition, 1997.
Abu Dawoud, Suleiman bin Al Ashath, - -- (The Sunna oI Abi Dawoud), edited
by Mohmmed Mahi Al Din Abdul Hamid, Al 'Asriya Books, Beirut, d.t.
Durant, Will W., '-=' - (The Story oI Civilization), translated by Mohmmed
Badran, Dar Al Fikr, Beirut, 2
nd
edition, 1982.
Rida, Mohammed, ,'--' -'= _' -,'=' ,-- - '+''=- ,-'--` _,'- (The History oI
Humanity and its Heroes Irom the beginning oI the KhaliIates to the end oI the
Transmission oI the Hadith), Dar Al Kutub Al 'Ilmiya (ScientiIic Books), Beirut,
1
st
edition, 1986.
Zaghoul, Abu Hajir Mohammed Al Said, -,-=' = =,-,- (Encyclopedia oI Hadith),
Dar Al Kutub Al 'Ilmiya (ScientiIic Books), Beirut, d.t.
Al Zahili, Wahiba, -' -`-` --' (Islamic Fiqh and its ProoI), Dar Al Fikr, Damascus,
4
th
edition, 1997.
Salim, Al Sayid Abd Al Aziz, `-` .- ' _,'- '- (Studies oI the History oI the
Arabs beIore Islam), Alexandria, Shabab Al Jaama'a Press, d.t.
Ibn Zaidan, Abdul Rahman, '-=- -'= '-= '-=- '-' `= '=-, Al Wataniya Press
(National Press), Rabat, 1
st
edition, 1929.
Ibn Salam, Abu Abed Al Qasim, -` (The Treasury), edited by Mohammed Haras,
Cairo, 1975.
Ibn Saad, Mohammed, -' '--=' (The Greater Classes), submitted by Ihsan Abas,
Dar Saadr Books, Beirut, d.t.
71
Sayid Al Ahal, Abd Al Aziz, ,' --= - -= -' -,=' (KhaliIa Al Zahir Umar bin
Abd Al Aziz, Dar Al ilm Lilmilaayiin, Beirut, 6
th
edition, 1979.
Al Sayouti, Jalal Al Din Abdul Rahman bin Abi Bakr, '-'=' _,'- (History oI the
KhaliIate), edited by Mohammed Abu Al Fadil Ibrahim, Cairo 1976.
Al Sharbasi, Ahmed, `-` --' =,-,- (Encyclopedia oI Martyrism in Islam), Dar Al
Jalil (Generation Books), Beirut, 1982.
Abu Shahba, Mohammed, --' '-' ,- ,,--' ,-' (Prophetic Biography in Light oI
the Quran and the Sunnah), Dar Al Qalim (Pen Books), Damascus, 3
rd
edition,
1996.
Al Shoukani, Mohammed bin Ali, '-=` _---- - '=` .,- (Gaining Your Objective
through the Best oI the News), Dar Al Bahouth Al 'Aliima wa Al IIta, Riyadh,
d.t.
Shalbi, Ahmed, ',` -'-- ) ,,+,' ( ` '-' (Comparing Religions (Jewish), the 1
st
Book), 3
rd
edition, 1973; -'`' '-' ( ,=,--') ',-' -'-- (Comparing Religions
(Christian) the 2
nd
Book, 4
th
edition, 1973.
Shamis, Abd Al Manam , ---' .,-- -- '- ,-'-' (The Talmoud Holy Book oI the
Bani (tribe) Israel, Dar Al Nasr Press, d.t.
Al Salabi, Ali Mohammed Mohammed, -= .,'=- _-' = ,,--' ,-' (Prophetic
Biography Reality on the Ground and the Latest Analysis), Al Sahaba Books,
Sharjah, 1
st
edition, 2001. ; ,-'-`' '-' : ,--' '-- ,+-' .-,= (The Uthmani
State: Factors Ior its Rise and Reasons Ior its Fall), Dar Al Biyarak, 1
st
edition,
Beirut, 1
st
edition, 1999.
Al Saani, Mohammed bin Ismail Al Kahlani, `-` .-- (Ways oI Islam), reviewed and
commented on by Mohammed Abdul Aziz Al Khouli, Al Risala Al Haditha
Books (Modern Message Books), d.t.
Sabri, Mohammed (translated and prepared by), .,-- -- ,- ,-'-' (The Talmoud Law
oI the Bani (tribe) oI Israel, Dar Al Hilal Books (Crescent Books), d.t.
Al Tabrani, Mohammed Hassan Ismail Al ShaIai, Dar Al Fikr Ior Publishing and
Distribution, Amman, Jordan, 1
st
edition.
Abdul RouI Al Manawi and Shams Al Din Mohammed, -' _-'=' - ,-,-' ,
(Explaining the Little Masjid), edited by Mustapha Mohammed Al Dhahbi, Dar
Al Hadith, Cairo, 1
st
edition, 2000.
Ibn Abdull Hakim and Abu Mohammed Abdul Allah, - '- _'= ,' --= - -= ,-
-'=- - - =''- '-`
(Biography oI Omar bin Abdul Aziz according to Imam Malak bin Anis and
associates, copied, edited and commented on by Ahmed Abid, 'Aalim Al Kutub
(World oI Books), Beirut, 6
th
edition, 1984.
Ashour, Said Abdul Fatah, _=-,' ,-' _,'- '- ,=- (Studies and Research oI
the Middle Ages), Al Ahad Al Buhairi Press, Beirut, 1977.
Abdul Baqi and Mohammed Fouad, '=,-' ,'= -- '-, '=-' ,','' (Pearls and Coral that
the Two Sheikhs Agreed on), Al Qalim Books, 1
st
edition, 1986.
Ibn Abdul Bur and Abu Omar YouseI bin Abdul Allah, '=-` - ',--
(Understanding the Knowledge oI the Companions), edidited by Mohammed Ali
Al Bajaowi, Nahda Masr Press, Cairo, d.t.
72
Ali Mohammed Kurd, '-' === (Plans Ior Al Sham) Beirut, 1969; ,-' '-=' `-`
(Islam and the Arab Civilization), Committee Ior Compilation, Translation and
Publication, Cairo, 1950.
Vagleeri, Laura Visha, `-` = ' (DeIending Islam), translated by Munir Al
Baalbaki, Knowledge Books Ior the Millions (Dar Al Ilm Lilmilliin), Beirut, 1
st
edition, 1960.
Abu Al Fada and Umad Al Din Ismail, --' '-= --=-' (Summary oI the News),
Dar Al MuariIa Ior Publication, d.t.
Al Fairuzabadi, Majid Al Din, =,=-' ,-'-' (Comprehensive Dictionary), Dar Mamoun,
4
th
edition.1938.
Ibn Qiyam Al Jouzi and Shams Al Din Abu Abdul Allah Mohammed bin Abu Bakr,
`-` --' . '= (Provisions Ior/Jurisdiction oI the ahal dhimma in Islam), edited by
Dr. Subhi Al Salah, Dar Al ilm Lilmilaayiin, Beirut, 2
nd
edition, 1981.
Al Qardawi, YouseI, ' ,= -`-` _--=-' ,-'-- (Non Muslims in Islamic Society),
Rissala Est., Beirut, 2
nd
edition, 1983.
Al QaraIi, Shihab Al Din Abu AlAbbas Ahmed, -' (Al Farouk), Al Halbi Books,
Cairo, 1344 Hijri.
Ibn Qadama Al Qudsi and MouIiq Al Din Abu Mohamed Abed Allah bin Ahmed Al
Mughani, Al Haditha Riyadh Books, Riyadh, d.t.
Al Qalqashandi, Ahmed Ali, '--` ='-- _-=` _-- (The Morning oI Aisha in the
Making oI an Essay), interpreted, and commented upon by Mohammed Hussein
Shams Al Din, Dar Al Kutub Al 'Ilmiya, Beirut, d.t.
Al Kazaweini, '-' '-= `-' '`' (Legacy oI the Country and News oI the People), Dar
Sadar, Beirut, 1960.
Ibn Kathir and 'Umad Al Din Abu Al Fada Ismail bin 'Omar, ,'+-' ,--' (The Beginning
and the End), Beirut, 1908; ,=' '-' ,--- (Interpreting the Glorious Qur'an), 'Isa
Al Babi Al Halabi and Partners, Cairo, d.t.
Al Kindi, Abu Omar Mohammed bin YouseI, '--' '- `,' (The Governors and the
Judges' Scribes), Beirut, 1908.
Al Mawardi, Abu Al Hassan Ali bin Mohammed, ,-,-' ',`,' ,-'='-' '=` (The
Sultanate's Rule and Religious States), Mustapha Al Babi Al Halbi and Sons
Publishing Company, Cairo, 3
rd
edition, 1973.
Mertz, Adam, =+' _-' -' ,-`-` '-=' (The Islamic Civilization in the Fourth
Century Hijri), translated by Mohammed Abdul Hadi Abu Rida, Dar Al Fikr Al
'Arabi, Cairo, 1999.
Al Maisiri, 'Abd Al Wahab, ,-,,+-' '='=--' ,'--' =,-,- (Encyclopedia oI Zionist
Concepts and Terms), Cairo, 1975.
Al Mubarakpuri, SaIiur-Rahman, ,-=-' ,=' (The Sealed Nector), Dar Mu'ayid, Riyadh,
2000.
Al Maqrizi, Tuqi Al Din Abu Al 'Abas Ahmed bin 'Ali, '`` ===' -- '--=` ==,-'
-' (Al Mawa'iz wa Al 'Itibar Known as Al Maqrizi Plans), Al Muthna Books,
Baghdad, 1970.
Ibn Hisham and Abu Mohammed 'Abd Al Malak, ,,--' ,-' (The Prophet's Biography),
Dar Al Jalil, Beirut, 1975.
73
Al Hindi 'Ala Al Din 'Ali Al Mutqi bin Hissam Al Din Al Barhan Fouri, -- '-' -
'` ,` (Laborers' Treasure in the Deeds and Work oI the Sunna), revised, explained
and indexed by Bakri Hiyani, Al Risala Est., Beirut, 1981.
Al Haithami, 'Ali bin Abu Bakr, --,-' _--- --' _-=- (Collection oI Excesses and Source
oI BeneIits), Beirut, 1986.
Wakiy'a, Mohammed bin KhalaI bin Hiyan, '--' '-= (The Judges' News), revised and
commented on by 'Abd Al 'Aziz Al Maraghi, Cairo, 1
st
edition, 1947.
Abu YouseI, Ya'aqub bin Ibrahim, =' (The Kharaj), Beirut, 1979.
Al Ya'aqubi, Ahmed bin Abu Ya'qub, -,-,' _,'- (History oI Al Ya'aqubi), Dar Sadar,
Beirut, 1960.
74
Translation Glossary
akha min ar ridaa'a (='-' - '=) surrogate brother through nursing
ad dustur al hidari ( -`-` '-=' ,---') The Islamic Constitution (the
Qur'an and
al Islami Hadith)
ahal dhimma ( --' .) Christian and Jews living under the protection oI
the
Islamic State
ahal al kitab ( '-' .) People oI the Book (Jews and Christians); the
book reIerring to the Bible and Torah.
ahal mila ( '-' .) People oI the doctrine or belieI oI Prophet
Muhammad (PBUH) -(reIerring to Muslims
'ajami (-==) someone who speaks in a non-Arabic tongue
'alamiin (,-''') humankind, jinn, angels and all that exists
al jahaliya (,''=') State oI ignorance; pre-Islamic paganism; pre-
Islamic times
al adhiya (,=-`) sacriIicial lamb
al khaliq al kariim (,' '=') Divine order
al 'aalam (''') world
al Farouk ('-') Name given to 'Umar bin Khatib
al Hizan Title given to a Jewish Preacher
al ja'oun Jewish political title
Allah (-) God
al MustaIa ( _-=--') Another name given to the Prophet Muhammad
(PBUH)
al saliibiyun (,,-,'-') The Crusaders
amir (,-) prince, ruler
Amir al Mu'miniin (,--,-' ,-) Commander oI the FaithIul
ansar ( '--) The Medinan Iollowers oI Mohammed who granted
him reIuge aIter the Hijira; compare muhajareen early
Muslims who converted in Mecca.
ard suwad (,- ) distant lands in Iraq
awraq () Black and white camel
as salat (`-) prayer
as samiriya Al Hajaj bin YusiI at ThaqaIi minted dirhams in the town
oI Al Samiriya which is how the name Ior theses minted
coins originated. (Buluwi, pp. 49)
as Shelihosbur Jewish religious leader like and Imam who prays Ior his
people
as Shii'a ( ,-') The Shiites (branch oI Muslims who recognize Ali,
the Prophet's son-in-law, as his rightIul successor
as Suni (--') Orthodox Muslims
awqaI (') Endowment treasury
bayt al mal ('-' -,-) Islamic Treasury
75
bayt mal al Muslimiin (,-'--' '-' -,-) Muslim Treasury or Islamic Treasury
bilad as Sham ( '-' `-) The region which includes Lebanon, Syria and
Palestine
dar al Hijra (==' ) Diaspora
dar al Islam (`-` ) Islamic State
dhimma/dhimmi (-) Pledge to protect non-Muslims
diwaan (,,) Government department
Eid (-,=)Islamic holiday
Iaranj (_-)European Ioreigners during Crusades
Iatwa (,-) Iormal legal opinion, declaration (Islamic Law)
Iida' (-) ransom paid to release prisoners, sacriIice
Iiqh (--') Islamic jurisprudence
Iuqaha' ('+-) Islamic legal scholars, jurisprudents
Hadith ( -,-=') (Plural: Ahadith -,'=) The sayings, deeds and
approvals
accurately narrated Irom the Prophet (PBUH)
Hijra ( =+') Literally it means 'migration'. This term is used Ior:
1) the migration oI Muslims Irom an enemy land to a
secure place Ior religious causes; 2) the Iirst Muslim
migration Irom Mecca to Abyssinia (Ethiopia) and later to
Al-Madina; 3) The Prophet's migration journey Irom
Mecca to Al Madina and; 4) the Islamic calendar year
which started Irom the Prophet's migration journey Irom
Mecca to Al Madina. (Khan:805)
hilal ( `=) sacred or holy, oIten used to describe meat that has
been prepared in the proper way by slaughtering the animal
at the neck.
Imam ( '-`) The person who leads others in the salat (prayer) or
the Muslim caliph (or ruler) (Khan:807)
Jaoun High position to spread Jewish teaching among Jews and
point out their misdoings (Jewish religious position).
jihad ( '+=') Holy Iighting in the Cause oI Allah or any other
kind oI eIIort to make Allah's Word (i.e. Islam) superior.
Jihad is regarded as one oI the Iundamentals oI Islam
(Khan:809)
janna (-=) heaven
jizya (poll tax) ( ,=') Head tax imposed by Islam on all non-Muslims
living under the protection oI the Islamic State (Khan: 809)
kahlipha/khaliIate (-,'=')
kania (,-) Surname, i.e. Abu Mohammed
kharaj (land tax) (=') on the yield oI the land (1/10
th
or 1/20
th
) (Khan: 810)
khawariji ( ,=') The people who dissented Irom the religion and
disagreed with the rest oI the Muslims
mahr ( +-') Bridal money given by the husband to the wiIe at the
time oI marriage
76
mira (-) money/provisions paid to city oI Mecca
mushrakun ( ,--') Polytheists, pagans, idolaters and disbelievers in
the Oneness oI Allah and His Messenger Muhammad
(PBUH) (Khan: 814) also translated 'associates'
Nijran ( =-) Province in Saudi Arabia located in the south oI the
country along the border with Yemen
Qur'an
ra'as jalut (title given to Jewish political leader)
sadaqa ( --) almsgiving, charitable giIt, legally prescribed alms
tax (Islamic Law) sadaqa al fitr (almsgiving at the end oI
Ramadan)
salaat (`-) prayer
Samarkand (----) City in Uzbekistan
shahiid ( -,+-) martyr, one killed in battle with the inIidels, one
killed in action
siyadan shabab al ( -=' '-- -,-) al Hassan and al Hussein, the two masters
(brothers)
jinna oI youth oI heaven; al Hussein is a Shi'ite martyr
sunna ( --) The Sunna oI the Prophet (his sayings and doings,
later established as legally binding precedents (in addition
to the Law established by the Qur'an.
sura (,-) Chapter oI the Qur'an
toujiihat ('+=,-) Qur'anic injunctions, directives
'ulama' ('-'=) Islamic religious scholars
'Umar bin Khatib ('==' - -=) Epithet oI the 2
nd
KhaliI 'Umar)
'umma (-) Islamic nation
Uthamani Period
wabir (camel hair soaked in blood and Iried over a Iire)
wasiya (,-) death wish, last wish beIore dying
zakat (') almsgiving, alms, charity; alms tax (Islamic Law)