Covenant of Umar I

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

The Covenant of Omar (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, while requiring them to pay the Islamic poll tax (jizya) in return.[1] Some Palestinian Christians and Muslims see the document as having the force of law, even after more than thirteen centuries.[2]

Contents

Background

After a successful campaign against the Byzantines in the Battle of Yarmuk, According to Islam Omar travelled to Jerusalem on horseback, and stepped down from his steed to enter the holy city by foot.[3] The Covenant of Omar purportedly concluded with Sophronius after he handed him the keys to the city.[4]

Caliph Umar in Jerusalem

In 637, after a prolonged siege of Jerusalem, Islamic tradition claims that the Muslims finally entered the city peacefully following the signing of a treaty by the Patriarch Sophronius (i.e. Jerusalem) and Umar himself. The Patriarch is portrayed in Islamic tradition as having announced that he would not sign a treaty with anyone other than the Caliph himself. For this reason, 'Umar personally came to Jerusalem after the Muslims had established control of all the surrounding territory. According to Muslim tradition 'Umar entered the city humbly, walking beside a camel upon which his servant was sitting, due to the reason they shared turns over it and it was his servant's turn when they reached the city. He is said to have been given the keys to the city by the Patriarch of Jerusalem, Sophronius, after concluding this Covenant of Umar, the English translation of which is provided below.

Muslim tradition claims that Umar asked the Patriach to lead him to the place of the old Jewish Temple. Umar was shocked to find the site covered in rubbish, as the Romans, after Hadrian's suppression of the Bar Kochba revolt, initiated the custom of using it as a refuse heap. 'Umar is purported to have knelt down immediately, and began to clear the area with his hands. When the Muslims saw what he was doing, they followed his example, and soon the area was cleaned up. Muslim tradition claims that 'Umar was then led to the sites of the Foundation Stone by a rabbi, Ka'ab al-Ahbar, who had converted to Islam and was his closest advisor. The rock was surrounded by a fence, and several decades later an Umayyad Caliph, Abd al-Malik, built the Dome of the Rock over the site.

Legacy

Some Palestinian Christians and Muslims today continue to see the document as having the force of law, even after more than thirteen centuries. The Palestinian Basic Law, the constitution, of the Palestinian National Authority is said to reflect the spirit of the Covenant, stipulating 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 in which officials from the Greek Orthodox church and other members of Gaza's small Palestinian Christian community were well represented, one of the Muslim protestors carried a framed copy of the Al-Uhdah Al-Omariyah (Covenant of Omar).[2]

Historicity

Many critical scholars of early Islam do not think that the Covenant of Umar I is authentic; they think rather that the pact was attributed to Umar I to lend it authority. In addition, such critical scholars find it likely that the Muslim tradition about Umar's entrance into Jerusalem has been colored by later Islamic theology.[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 two to three hundred years after the events, so can hardly have preserved an exact account of what happened. Also militating against the Covenant's authenticity is that no contemporary source refers to it at all. Sophronius' authentic extant writings refer to the Muslim conquerors in a very negative way,[6] which casts some doubt on the irenic relationship between the patriarch and Umar I that the Muslim tradition assumes. Another problem with the Covenant's authenticity is that it appears in at least two significantly different forms: one in which Umar I agreed to prohibit Jews from living in Jerusalem, which is quoted below, and referred to by al-Tabari ,[7] and one in which they were allowed to live there. This suggests that no single version of the Covenant can be indisputably traced back to Umar I. Rather there may have been number of pacts associated with Jerusalem, none of which were necessarily signed by Umar I.[8]

Text of the Treaty[9]

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 kinsfolk, 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.

The above is the text approved by historians, foremost of whom are Imam al-Tabari. The text appears in his book "Tareekh Al Umam wal Molouk" (History of Nations and Kings), Part III, Page 105, printed in Cairo and collected by a team of scholars and printed in English at Brill Printing Press London.

See also

References

  1. ^ Pasachoff and Littman, 2005, p. 118.
  2. ^ a b c "The Convenant of Omar". The Handstand. February–March 2006. http://www.thehandstand.org/archive/february-march2006/articles/abbas.htm. Retrieved 2008-03-27. [dead link]
  3. ^ Shahin, 2005, p. 8-10.
  4. ^ "Al Aqsa Mosque". Essential Architecture. http://www.essential-architecture.com/ASIA-WEST/WA-IS/WA-IS-002.htm. 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
  7. ^ History of al-Tabari: The Caliphate of Umar b. al-Khattab Trans. Yohanan Fiedmann, Albany, 1992, p. 191.
  8. ^ The Encyclopaedia Judaica reports of the version that seventy Jewish families to take up residence in the city; Giorgio Levi Della Vida and Michael Bonner, Encyclopaedia of Islam, and Madelung, The Succession to Prophet Muhammad, p. 74
  9. ^ http://www.mideastweb.org/covenantofomar.htm

Bibliography

  • Pasachoff, Naomi E.; Littman, Robert J. (2005), A Concise History of the Jewish People, ISBN 074254365X 
  • 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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