Toleration, Religious - Historical Context and Islamic Legal Perspectives
Definition and Scope
Religious Toleration in Islam refers to the extent to which non-Muslims are accommodated in an Islamic society. This includes the rights, privileges, and restrictions imposed upon them.
Etymology and Translations
- Etymology: The term “toleration” derives from the Latin word tolerantia meaning “endurance” or “forebearance.”
- Arabic Translation: التسامح الديني
- Turkish Translation: Dini hoşgörü
Historical Context
Treatment of Idolaters in Early Islam
Muhammadan (Islamic) writers primarily assert that during the Prophet Muhammad’s time, idolaters in Arabia were given no option but to either convert to Islam or face death. This strict stance did not necessarily apply to other regions outside of Arabia.
Toleration of Idolatry Outside Arabia
The treatment of idolaters outside the Arabian Peninsula varied among Islamic jurists. While there was a general consensus on the intolerance towards idol-worship within Arabia, idolaters like Hindus in other regions were, and still are, tolerated in Muslim-majority countries.
Legal Frameworks and Jizyah
People of the Book
- Non-Muslims, specifically Jews, Christians, and Zoroastrians (Majūsīs), were typically tolerated upon payment of a special tax called Jizyah (جزية).
- Those who paid this tax were granted the status of Dhimmīs (ذميّون or Zimmīs), entitling them to certain protections and the freedom to practice their religion, albeit with restrictions.
Dhimmī Status and Restrictions
Hanafi School of Thought
The Hanafi legal school provided extensive guidelines on the treatment of Dhimmīs, including:
- Dress Code and Distinguishing Marks: Dhimmīs were required to distinguish themselves from Muslims in dress and accessories, such as wearing woolen belts (kistīj) externally.
- Transportation Restrictions: Dhimmīs were largely prohibited from riding horses or using saddles designed for Muslims.
- Public Behavior: Dhimmī women were to be kept separate from Muslim women in public spaces, and distinguishing marks were to be placed on their homes.
- Construction of Religious Buildings: New construction of churches and synagogues in Muslim territories was forbidden; however, repair of existing structures was permitted.
Legal Texts and Interpretations
- Fatāwā-i-ʿAlamgīrī: A compilation of Hanafi jurisprudence commissioned by Mughal Emperor Aurangzeb.
- Durr al-Mukhtār: A renowned Hanafi legal manual.
- Hidāyah: Another significant Hanafi legal text, often referenced for legal rulings.
Books for Further Studies
- “Islamic Tolerance: Amir Khusraw and Pluralism” by Annemarie Schimmel
- “Non-Muslims in the Early Islamic Empire: From Surrender to Coexistence” by Milka Levy-Rubin
- “Religious Tolerance in World Religions” by Jacob Neusner and Bruce Chilton
Takeaways and Conclusion
- The concept of religious toleration in Islam is complex and historically contingent.
- While strict measures were implemented in Arabia, wider practices varied, allowing for greater tolerance of non-Muslims in regions beyond Arabia.
- Legal texts and interpretations provided a framework that varied in its application, reflecting the diversity of Islamic thought and governance.
Understanding these nuances helps in comprehensively grasping the historical and contemporary dynamics of religious toleration within Islamic contexts.
