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Pact of Umar

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This is an old revision of this page, as edited by MJC.2012 (talk | contribs) at 04:48, 20 April 2012 (→‎Historicity: A lot of OR. Reviewd both sources, al Tabari did not have any problems with its authenticity, he did present two forms but the differences were insignificant). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Not to be confused with the Pact of Umar II, a later document of disputed origin

The Covenant of Umar (Arabic: العهدة العمرية, Al-'Uhda Al-'Umariyya) (637) purports to be a treaty concluded between Islamic Caliph Omar ibn Khattab and the Patriarch of Jerusalem, Sophronius. The treaty outlines the rights and the limitations of Christians as "People of the Book" or "people of protection" to enjoy religious tolerance under Muslim rule and requiring them to pay the Islamic poll tax (jizya) in return.[1] Some Palestinian Christians and Muslims see the document as having force of law, even after more than 1300 years.[2]

Background

After a successful campaign against the Byzantine Empire in the Battle of Yarmuk, Umar travelled to Jerusalem on horseback, and stepped down from his steed to enter the Old City by foot.[3] The covenant was purportedly concluded with Sophronius after he handed him the keys to the city.[4]

Legacy

The Palestinian Basic Law, the constitution of the Palestinian National Authority, is said to reflect the spirit of the Covenant and says that "freedom of belief and performance of religious rituals are guaranteed (unless) they violate public order or public morals."[2] The Covenant enjoys popular recognition as well. During a solidarity march protesting the Danish cartoons in Gaza, officials from the Greek Orthodox church and other members of Gaza's small Palestinian Christian community were well represented, and one of the Muslim protestors carried a framed copy of the Covenant of Umar.[2]

Historicity

Many scholars of early Islam [who?] do not think that it is authentic; they think rather that the pact was attributed to Umar I to lend it authority.[5] Traditional Islamic accounts of the Muslims' seventh century conquests, including Jerusalem, such as those by historians al-Baladhuri and al-Tabari were written down 200-300 years after the events. Sophronius's writings refer to the Muslim conquerors very negatively.[6]

Text of the Treaty

In the Name of Allah, the Most Merciful, the Most Compassionate##

This is an assurance of peace and protection given by the servant of Allah Omar, Commander of the Believers to the people of Ilia' (Jerusalem). He gave them an assurance of protection for their lives, property, church and crosses as well as the sick and healthy and all its religious community.

Their churches shall not be occupied, demolished nor taken away wholly or in part. None of their crosses nor property shall be seized. They shall not be coerced in their religion nor shall any of them be injured. None of the Jews shall reside with them in Ilia'.

The people of Ilia shall pay Jizia tax (head tax on free non-Muslims living under Muslim rule) as inhabitants of cities do. They shall evict all Romans and thieves.

He whoever gets out shall be guaranteed safety for his life and property until he reach his safe haven. He whoever stays shall be (also) safe, in which case he shall pay as much tax as the people of Ilia' do. Should any of the people of Ilia wish to move together with his property along with the Romans and to clear out of their churches and crosses, they shall be safe for their lives, churches and crosses, until they have reached then safe haven. He whoever chooses to stay he may do so and he shall pay as much tax as the people of Ilia' do. He whoever wishes to move along with the Roman, may do so, and whoever wishes to return back home to his kinsfalk, may do so. Nothing shall be taken from them, their crops have been harvested. To the contents of this convent here are given the Covenant of Allah, the guarantees of His Messenger, the Caliphs and the Believers, provided they (the people of Ilia') pay their due Jizia tax.

This is an assurance of peace and protection given by the servant of Allah Omar, Commander of the Believers to the people of Ilia' (Jerusalem). He gave them an assurance of protection for their lives, property, church and crosses as well as the sick and healthy and all its religious community.

Their churches shall not be occupied, demolished nor taken away wholly or in part. None of their crosses nor property shall be seized. They shall not be coerced in their religion nor shall any of them be injured. None of the Jews shall reside with them in Ilia'.

The people of Ilia shall pay Jizia tax (head tax on free non-Muslims living under Muslim rule) as inhabitants of cities do. They shall evict all Romans and thieves.

He whoever gets out shall be guaranteed safety for his life and property until he reach his safe haven. He whoever stays shall be (also) safe, in which case he shall pay as much tax as the people of Ilia' do. Should any of the people of Ilia wish to move together with his property along with the Romans and to clear out of their churches and crosses, they shall be safe for their lives, churches and crosses, until they have reached then safe haven. He whoever chooses to stay he may do so and he shall pay as much tax as the people of Ilia' do. He whoever wishes to move along with the Roman, may do so, and whoever wishes to return back home to his kinsfalk, may do so. Nothing shall be taken from them, their crops have been harvested. To the contents of this convent here are given the Covenant of Allah, the guarantees of His Messenger, the Caliphs and the Believers, provided they (the people of Ilia') pay their due Jizia tax.

Witnesses hereto are:

Khalid Ibn al-Waleed Amr Ibn al-Ass Abdul-Rahman Ibn'Auf Mu'awiya Ibn abi-Sifian Made and executed in the year 15 AH[1]

See also

References

  1. ^ Pasachoff and Littman, 2005, p. 118.
  2. ^ a b c "The Convenant of Omar". The Handstand. February–March 2006. Retrieved 2008-03-27. [dead link]
  3. ^ Shahin, 2005, p. 8-10.
  4. ^ "Al Aqsa Mosque". Essential Architecture. Retrieved 2008-03-27.
  5. ^ Herbert Busse, "Omar's image as the conqueror of Jerusalem" Jerusalem Studies in Arabic and Islam 8 (1986)
  6. ^ Robert Hoyland, Seeing Islam as Others Saw It (Princeton, 1996) p. 69-71

Bibliography

  • Pasachoff, Naomi E.; Littman, Robert J. (2005), A Concise History of the Jewish People, ISBN 074254365X {{citation}}: Cite has empty unknown parameter: |1= (help)
  • Shahin, Mariam (2005), Palestine: A Guide, Interlink Books, ISBN 156656557X
  • Spencer, William (1995), Islamic Fundamentalism in the Modern World, ISBN 1562944355
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