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The Muḥammadan Stipulations: Dhimmī Versions of the Pact of ʿUmar

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Chapter Summary

The important role the Muḥammadan stipulations played in educating dhimmī communities as to their privileges is supported by the work of Milka Levy-Rubin, who argues that the eighth and ninth centuries saw continued debate about the details of the nature of Muslim-dhimmī relations. Levy-Rubin outlines the continued disagreement among Muslim legal authorities and sees the coalescence of the Pact of ʿUmar as an attempt to standardize dhimmī law. She sees the importance of ṣulḥ treaties, preserved in eighth- and ninth-century legal compendia, in forming dhimmī law in subsequent centuries. The tenth and eleventh centuries may have postdated the point at which dhimmī law took shape, but even if dhimmī law had developed into "a uniform set of regulations applicable to all dhimmīs living under Muslim rule", the implementation of those regulations was anything but uniform throughout dār al-Islām in the High Middle Ages.

Keywords: dhimmī communities; dhimmī law; Milka Levy-Rubin; Muḥammadan stipulations; Muslim-dhimmī relations; Pact of ʿUmar

10.1163/9789004267848_013
/content/books/b9789004267848_013
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