Saturday, November 8, 2014

Jerusalem and Umar ibn al-Khattab

Jerusalem and Umar ibn al-Khattab


Jerusalem is a city holy to the three largest monotheistic faiths – Islam, Judaism, and Christianity. Because of its history that spans thousands of years, it goes by many names: Jerusalem, al-Quds, Yerushaláyim, Aelia, and more, all reflecting its diverse heritage. It is a city that numerous Muslim prophets called home, from Sulayman and Dawood to Isa (Jesus), may Allah be pleased with them.
During the Prophet Muhammad ﷺ’s life, he made a miraculous journey in one night from Makkah to Jerusalem and then from Jerusalem to Heaven – the Isra’ and Mi’raj. During his life, however, Jerusalem never came under Muslim political control. That would change during the caliphate of Umar ibn al-Khattab, the second caliph of Islam.

Into Syria

During Muhammad ﷺ’s life, the Byzantine Empire made clear its desire to eliminate the new Muslim religion growing on its southern borders. The Expedition of Tabuk thus commenced in October 630, with Muhammad ﷺ leading an army of 30,000 people to the border with the Byzantine Empire. While no Byzantine army met the Muslims for a battle, the expedition marked the beginning of the Muslim-Byzantine Wars that would continue for decades.
During the rule of the caliph Abu Bakr from 632 to 634, no major offensives were taken into Byzantine land. It was during the caliphate of Umar ibn al-Khattab, that Muslims would begin to seriously expand northwards into the Byzantine realm. He sent some of the ablest Muslim generals, including Khalid ibn al-Walid and Amr ibn al-‘As to fight the Byzantines. The decisive Battle of Yarmuk in 636 was a huge blow to Byzantine power in the region, leading to the fall of numerous cities throughout Syria such as Damascus.
In many cases, Muslim armies were welcomed by the local population – both Jews and Christians. The majority of the Christians of the region were Monophysites, who had a more monotheistic view of God that was similar to what the new Muslims were preaching. They welcomed Muslim rule over the area instead of the Byzantines, with whom they had many theological differences.

Capture of Jerusalem

By 637, Muslim armies began to appear in the vicinity of Jerusalem. In charge of Jerusalem was Patriarch Sophronius, a representative of the Byzantine government, as well as a leader in the Christian Church. Although numerous Muslim armies under the command of Khalid ibn al-Walid and Amr ibn al-‘As began to surround the city, Sophronius refused to surrender the city unless Umar came to accept the surrender himself.
Having heard of such a condition, Umar ibn al-Khattab left Madinah, travelling alone with one donkey and one servant. When he arrived in Jerusalem, he was greeted by Sophronius, who undoubtedly must have been amazed that the caliph of the Muslims, one of the most powerful people in the world at that point, was dressed in no more than simple robes and was indistinguishable from his servant.
The Mosque of Umar still stands across the street from the Church of the Holy Sepulchre today
The Mosque of Umar still stands across the street from the Church of the Holy Sepulchre today
Umar was given a tour of the city, including the Church of the Holy Sepulchre. When the time for prayer came, Sophronius invited Umar to pray inside the Church, but Umar refused. He insisted that if he prayed there, later Muslims would use it as an excuse to convert it into a mosque – thereby depriving Christendom of one of its holiest sites. Instead, Umar prayed outside the Church, where a mosque (called Masjid Umar – the Mosque of Umar) was later built.

The Treaty of Umar

As they did with all other cities they conquered, the Muslims had to write up a treaty detailing the rights and privileges regarding the conquered people and the Muslims in Jerusalem. This treaty was signed by Umar and Patriarch Sophronius, along with some of the generals of the Muslim armies. The text of the treaty read:
In the name of God, the Merciful, the Compassionate. This is the assurance of safety which the servant of God, Umar, the Commander of the Faithful, has given to the people of Jerusalem. He has given them an assurance of safety for themselves  for their property, their churches, their crosses, the sick and healthy of the city and for all the rituals which belong to their religion. Their churches will not be inhabited by Muslims and will not be destroyed. Neither they, nor the land on which they stand, nor their cross, nor their property will be damaged. They will not be forcibly converted. No Jew will live with them in Jerusalem.
The people of Jerusalem must pay the taxes like the people of other cities and must expel the Byzantines and the robbers. Those of the people of Jerusalem who want to leave with the Byzantines, take their property and abandon their churches and crosses will be safe until they reach their place of refuge. The villagers may remain in the city if they wish but must pay taxes like the citizens. Those who wish may go with the Byzantines and those who wish may return to their families. Nothing is to be taken from them before their harvest is reaped.
If they pay their taxes according to their obligations, then the conditions laid out in this letter are under the covenant of God, are the responsibility of His Prophet, of the caliphs and of the faithful.
– Quoted in The Great Arab Conquests, from Tarikh Tabari
At the time, this was by far one of the most progressive treaties in history. For comparison, just 23 years earlier when Jerusalem was conquered by the Persians from the Byzantines, a general massacre was ordered. Another massacre ensued when Jerusalem was conquered by the Crusaders from the Muslims in 1099.
The Treaty of Umar allowed the Christians of Jerusalem religious freedom, as is dictated in the Quran and the sayings of Muhammad ﷺ. This was one of the first and most significant guarantees of religious freedom in history. While there is a clause in the treaty regarding the banning of Jews from Jerusalem, its authenticity is debated. One of Umar’s guides in Jerusalem was a Jew named Kaab al-Ahbar. Umar further allowed Jews to worship on the Temple Mount and the Wailing Wall, while the Byzantines banned them from such activities. Thus, the authenticity of the clause regarding Jews is in question.
What is not in question, however, was the significance of such a progressive and equitable surrender treaty, which protected minority rights. The treaty became the standard for Muslim-Christian relations throughout the former Byzantine Empire, with rights of conquered people being protected in all situations, and forced conversions never being a sanctioned act.

Revitalization of the City

Umar immediately set about making the city an important Muslim landmark. He cleared the area of the Temple Mount, where Muhammad ﷺ ascended to heaven from. The Christians had used the area as a garbage dump to offend the Jews, and Umar and his army (along with some Jews) personally cleaned it and built a mosque – Masjid al-Aqsa – there.
Masjid al-Aqsa was originally built by Umar ibn al-Khattab in 637
Masjid al-Aqsa was originally built by Umar ibn al-Khattab in 637
Throughout the remainder of Umar’s caliphate and into the Umayyad Empire’s reign over the city, Jerusalem became a major center of religious pilgrimage and trade. The Dome of the Rock was added to complement Masjid al-Aqsa in 691. Numerous other mosques and public institutions were soon established throughout the city.
The Muslim conquest of Jerusalem under the caliph Umar in 637 was clearly an important moment in the city’s history. For the next 462 years, it would be ruled by Muslims, with religious freedom for minorities protected according to the Treaty of Umar. Even in 2012, as fighting continues over the future status of the city, many Muslims, Christians, and Jews insist that the Treaty maintains legal standing and look to it to help solve Jerusalem’s current problems.

Non-Muslim Rights in the Ottoman Empire

Non-Muslim Rights in the Ottoman Empire

Much like previous Muslim Empires, the Ottomans showed great toleration and acceptance of non-Muslim communities in their empire. This is based on existing Muslim laws regarding the status of non-Muslims. They are protected, given religious freedoms, and free from persecution according to the Shariah. One of the first precedents of this was the Treaty of Umar ibn al-Khattab, in which he guaranteed the Christians of Jerusalem total religious freedom and safety.

The Millet System

The first instance of the Ottomans having to rule a large number of Christians was after the conquest of Constantinople by Sultan Mehmed II in 1453. Constantinople had historically been the center of the Orthodox Christian world, and still had a large Christian population. As the empire grew into Europe, more and more non-Muslims came under Ottoman authority. For example, in the 1530s, over 80% of the population in Ottoman Europe was not Muslim. In order to deal with these new Ottoman subjects, Mehmed instituted a new system, later called the millet system.
This portrait of Mehmed II was painted by an Italian Christian, Gentile Bellini
This portrait of Mehmed II was painted by an Italian Christian, Gentile Bellini
Under this system, each religious group was organized into a millet. Millet comes from the Arabic word for “nation”, indicating that the Ottomans considered themselves the protectors of multiple nations. Each religious group was considered its own millet, with multiple millets existing in the empire. For example, all Orthodox Christians in the Ottoman Empire were considered as constituting a millet, while all Jews constituted another millet. 
Each millet was allowed to elect its own religious figure to lead them. In the case of the Orthodox Church (the biggest Church in the Ottoman Empire), the Orthodox Patriarch (the Archbishop of Constantinople) was the elected leader of the millet. The leaders of the millets were allowed to enforce their own religion’s rules on their people. Islamic law (Shariah) had no jurisdiction over non-Muslims in the Ottoman Empire.
In cases of crime, people would be punished according to the rules of their own religion, not Islamic rules or rules of other religions. For example, if a Christian were to steal, he would be punished according to the Christian laws regarding theft. If a Jew were to steal, he were to be punished according to Jewish laws, etc. The only time Islamic law would come into account was if the criminal was a Muslim, or when there was a case involving two people from different millets. In that case, a Muslim judge was to preside over the case and judge according to his best judgement and common law.
In addition to religious law, millets were given freedom to use their own language, develop their own institutions (churches, schools, etc), and collect taxes. The Ottoman sultan only exercised control over the millets through their leaders. The millet leaders ultimately reported to the sultan, and if there was a problem with a millet, the sultan would consult that millet leader. Theoretically, the Muslim population of the Ottoman Empire also constituted a millet, with the Ottoman sultan as the millet leader.

Legacy

The Ottoman Empire lasted from 1300 to 1922. Throughout most of this history, the millet system provided a system of religious harmony and belonging throughout the empire. As the empire expanded, more millets were organized. Separate millets existed for Armenian, Catholic, and Orthodox Christians, for example, with each sect being divided further into more specific regional churches.
These imperial decrees by the Ottoman sultans Mehmed II and Bayezid II granted the Greek community ownership of the church. The decrees and church remain in Istanbul today.
These imperial decrees by the Ottoman sultans Mehmed II and Bayezid II granted the Greek community ownership of the church. The decrees and church remain in Istanbul today.
The millet system did not last until the end of the Ottoman Empire. As the empire weakened in the 1700s and 1800s, European intervention in the empire expanded. When the liberal Tanzimat were passed in the 1800s, the millet system was abolished, in favor of a more European-style secularist government. The Ottomans were forced to guarantee vague “rights” to religious minorities, which in fact limited their freedoms. Instead of being allowed to rule themselves according to their own rules, all religious groups were forced to follow the same set of secular laws. This actually ended up causing more religious tension in the empire, which was one of the causes of the genocide of the Armenians during World War One in the Ottoman Empire’s dying days.
The millet system was a unique and creative solution to running a multi-ethnic and multi-religious empire. The rights and freedoms it gave to religious minorities were far ahead of their time. While Europe struggled with religious persecution into the 1900s, the Ottomans created a harmonious and stable religious pluralistic system that guaranteed religious freedom for hundreds of years.
Bibliography:
Itzkowitz, Norman. Ottoman Empire And Islamic Tradition. Chicago: University Of Chicago Press, 1981. Print.
Ochsenwald, William, and Sydney Fisher. The Middle East: A History. 6th. New York: McGraw-Hill, 2003. Print.

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