Introduction
The term “churches” in Islamic context, referring to Christian places of worship, and synagogues for Jewish worship are translated as Bīaʾh (بيعة) and Kanīsah (كنيسة) in Arabic. These terms are significant in understanding the legal and theological implications of their presence and construction in Muslim territories.
Etymology and Translations
Arabic Terms
- Bīaʾh (بيعة): Originally indicating a place of worship. The term can denote both a church and a synagogue.
- Kanīsah (كنيسة): Specifically refers to a church.
Turkish Translation
- Kilise: Commonly used in Turkish to refer to a Christian church.
Legal and Historical Context
Forbidden Construction
In Islamic law, as derived from various traditions, constructing new churches or synagogues in Muslim-governed territories is generally deemed unlawful. This prohibition is corroborated by several hadiths and was reinforced in classical Islamic legal texts, such as the Hidāyah.
Hidāyah (Book IX, Chapter VIII): An important reference in Hanafi jurisprudence, which outlines that although new construction of worship places is forbidden, existing ones may be maintained or repaired.
Established Places of Worship
If Jews or Christians had existing places of worship before the conquest of a territory by Muslim powers, they may maintain and repair these structures. This recognition upholds the notion that Muslim authorities allowed non-Muslims to practice their faiths somewhat freely, as long as it didn’t involve new constructions.
Restrictions in Arabian Peninsula
Referring to the hadith, “Two religions cannot exist in the country of Arabia,” attributed to the Prophet Muhammad, a stricter enforcement is applied within the Arabian Peninsula. Both cities and villages in this region are generally under the prohibition of new worship places for other religions.
Imām Abū Ḥanīfah’s Interpretation: Slight exceptions were considered, mostly within specific historical and local contexts. This perspective, however, highlights the complex interactions between religious tolerance and control.
Residential Worship Spaces
Construction of private places of prayer within non-Muslim homes is permissible. These areas are not viewed under the same restrictions since they are part of private residences and not public religious expressions.
Practical Implications and Inheritance
If a Jew or Christian constructs a place of worship and subsequently dies, the property is inherited by the founder’s heirs. The interpretation by Imām Abū Ḥanīfah considers such construction as pious, while his disciples argued that it should be regarded as ordinary property due to its sinful nature.
Wills and Bequests: Bequests which convert a house into a place of worship after an individual’s death are valid within the framework of Islamic law, adding a layer of personal religious freedom within legal constraints.
Key Traditions
A notable tradition from T̤alāq Ibn ʿAlī highlights the Prophet’s directive to destroy a Christian church to build a mosque in its place, symbolizing the prioritization of Islamic symbols over others.
Conclusion
While Islamic law generally prohibits the construction of new churches or synagogues in Muslim territories, nuances allow for maintenance of existing places of worship and flexibility concerning private worship spaces.
Takeaways
- The construction and significant public expression of non-Islamic worship places are subject to strict legal and historical contexts.
- Existing worship places can be maintained, signifying a degree of religious tolerance.
- Residential and private worship practices are lesser regulated, recognizing personal faith expression.
Recommended Books for Further Reading
- The Reliance of the Traveller: A Classic Manual of Islamic Sacred Law by Ahmad ibn Naqib al-Misri.
- The Ordinances of Government by Al-Mawardi.
- Islamic Law and Society in the Modern World by Hisham M. Ramadan.
- Minorities in the Middle East: A History of Struggle and Self-Expression by Mordechai Nisan.
Understanding the relationships and laws surrounding churches in Islamic territories provides insight into complex interfaith dynamics and legal interpretations in Islamic history.
