6 - Equality before the Law

Summary

IN CONSIDERING the impact of the reforms that sought to establish equality before the law for all subjects—Muslim and non-Muslim—in Syrian society, we must first take a brief look at the Islamic social world-view, particularly the principle of inequality before the law which shaped its treatment of religious minorities.

A Tradition of Inequality and the Beginnings of Reform

Islamic society's treatment of non-Muslim minorities was based on a doctrine of inequality between Muslims and the members of the other monotheistic religions. This doctrine was given concrete form in a binding legal code that governed Muslim–Jewish and Muslim–Christian agreements in all areas under Muslim conquest. The status of ahl al-kitab—namely theChristians and Jews, whose religions were based on revelation and on Scripture—was necessarily lower than that of the Muslims. Nonetheless, though officially inferior to Muslims, these ‘people of the book’ were granted toleration and protection in exchange for payment of the jizya tax; the legal obligation to protect the religious minorities—the ahl al-dhimma—was incumbent on both the Muslim public as a whole and the individual Muslim, on both the regime and its subjects. In the inter-religious struggles between Islam,Christianity, and Judaism, the presence and humiliation of the dhimmis under Muslim rule had significant theological implications for Muslims, essentially serving as proof of Islam's superiority.

Over time, a system of discriminatory laws limiting the rights of dhimmis developed in the context of the shari‘a, the system of Islamic law. Aimed at highlighting the distinction between dhimmis and Muslims, these laws reached their apex at the beginning of the eighth century with the ‘Pact of ‘Umar’, which prescribed distinctive clothing—different-coloured garments, turbans, and shoes—for each religious minority, outlawed public processions by non-Muslims, prohibited missionary efforts to convert Muslims, and banned the construction of new synagogues or churches, or of buildings taller than Muslim ones. Dhimmis could not ride horses or mules, possess Muslim slaves, purchase land, wear swords, sell alcoholic drinks, or engage in any activity perceived as detrimental to Islam.

The extent to which these discriminatory laws were applied differed from place to place, and from period to period. A changing, more flexible, social reality, and the need for harmonious daily interaction, often pushed aside strict observance of the draconian laws enacted in the medieval period.