Restrictions on Non-Muslims
in the 11th Century
The second Clause, which
is only recommended, also consists of six
points: (a) changing their outward attire
by the wearing of a distinctive sign (ghiyar),
and a special belt (zunnar); (b) prohibiting
the construction of buildings higher than
those of the Muslims.
They should be only of equal height, or lower;
(c) prohibiting them from causing offence
to Muslims by the ringing of their bells (nakus),
the reading of their books, and their pretensions
concerning Uzayr and the Messiah; (d) prohibiting
them from drinking wine in public, or displaying
either crosses or pigs; (e) the obligation
for them to conduct their funerals in secret,
without overtly crying or lamenting; (f) prohibiting
them from riding horses, be they thoroughbreds
or crossbreeds, though leaving them the use
of mules and donkeys. These six prescriptions
are not necessarily to be included in the
vasselage agreement, unless they were expressly
stipulated, in which case they are strictly
obligatory. Despite their having been stipulated,
any offence does not result in the nullification
of the pact, but the infidels are forcibly
obliged to respect them and are punished for
having violated them. They are not punishable
if nothing was expressly stated in this respect
(pp. 305-6). When allies and their tributaries
unite in order to combat the Muslims, they
immediately fall into the category of enemies
and each of these combatants can be put to
death. For those who did not take up arms,
it must be decided whether or not they gave
their approbation to the hostilities.
Mawardi (d. 1058) [Excerpt]
Sources: Bat Ye'or, The
Dhimmi. Rutherford: Fairleigh Dickinson
University Press, 1985. |