Conclusion Space, Religious Difference and Aḥkām ahl al-dhimma

How does Ibn al-Qayyim conceive of the place of dhimmis in Muslim society and how does he use space to convey religious truth? What roles do the con- cepts of inclusion and exclusion play in his portrayal of religious difference and how do they relate to the construction of power between the religions? This chapter brings the findings of this study together to answer these ques- tions about Aḥkām ahl al-dhimma. It will begin by drawing together observations about the relevance of space as an analytical and ideational category in Aḥkām ahl al-dhimma, followed by an overview of Ibn al-Qayyim’s construction of Muslim and non-Muslim identity in the book. The focus will then move to his argument, made through- out his text, about the place of dhimmis in the Abode of Islam. Does the non- Muslim have a place at all and if so, how does Ibn al-Qayyim’s transmission of rulings define it? After reviewing this question, the chapter will address Ibn al- Qayyim’s treatment of concepts of identity, power and space in Aḥkām ahl al- dhimma and his use of them to demonstrate the truth of Islam. The sixth and last section will review the text as a whole. Building on conclusions reached in Parts 1 and 2 of this study, it will answer the questions of how best to define Aḥkām ahl al-dhimma, how to relate Ibn al-Qayyim’s argument to the literary and socio-historical context in which it was formulated, and the meaning of the text as a whole.

1 Space in Aḥkām ahl al-dhimma

Space is ubiquitous in Aḥkām ahl al-dhimma. The underlying concern of the book as a whole – that is, the terms on which the non-Muslim may live in the Abode of Islam – is space-related, and many of its questions focus on the own- ership and organisation of physical space. In which areas of the Abode of Islam may dhimmis reside and how does the nature of space affect the rulings that are applied? May dhimmis own space, or acquire new space? What may they do in the space that they occupy? It is not only the nature of the dilemmas pre- sented in the book, but also the way that Ibn al-Qayyim approaches them that reflect the semiotic significance that he attaches to the concept of physical

© Koninklijke Brill NV, Leiden, 2021 | doi:10.1163/9789004437968_011 372 Conclusion space and its relation to power. In Aḥkām ahl al-dhimma, ownership of space is a form of power, which is in turn a reflection of divine favour and religious truth. The underlying connection between these concepts forms the explana- tory basis for Ibn al-Qayyim’s portrayal of the hierarchy of the monotheistic religions before Islam, according to which the limited territories owned by Christians reflect God’s limited acceptance of their religion, and the destitu- tion of the Jews is a sign of God’s wrath and rejection.1 In equating Jewish loss of space with divine anger and Christian posses- sion of territory with divine approval, Ibn al-Qayyim portrays the land won through Muslim conquest as God-given, and a sign of God’s favour towards his Muslim followers.2 This in itself is a demonstration of the Muslim right to the space, which overrules the right of the original inhabitants, such as the Copts. Although Ibn al-Qayyim refers to the Copts’ anger at being deprived of their land and the privileges that accompanied their status as its owners,3 he has no sympathy for them. He portrays the Muslims as the rightful owners of the land, having received it from God, and non-Muslim attempts to acquire land as subterfuges to circumvent their marginal status and undermine Islam.4 Ibn al-Qayyim’s mistrust of dhimmi land acquisition goes so far as to portray it, not only as a threat to the Muslim identity of the dār, but also as a contradic- tion of the place that God has assigned to both pre-Islamic religions. Jews and Christians are subjects of the Abode of Islam ( fī dār al-islām tabaʿ),5 a subordi- nate social status based on a deeper theological truth. The tone and vocabulary with which Ibn al-Qayyim warns of dhimmi usur- pation of the Abode of Islam connect his ideas about space to ideas about identity and the relevance of power to it. Ibn al-Qayyim defines the Abode of Islam as the land that is inhabited by Muslims and governed by the laws of Islam.6 His objection to dhimmi acquisition of space – whether land, real es- tate or simply a rented room – is not only related to the power that this awards

1 Aḥkām, 397. 2 Ibn al-Qayyim does not refer explicitly to the fact that the Jewish claim to land ownership is made on the same basis. However, by attributing their expulsion to divine wrath, he both acknowledges this argument within the Jewish tradition and rejects its validity as a basis for claiming any right to ownership of space. 3 See the analysis of the prohibition of employing non-Muslim officials in Chapter 5 of this study. 4 This characterisation is detailed in the conclusion to Chapter 6. 5 Aḥkām, 302. 6 Aḥkām, 476. Ibn al-Qayyim’s teaching corresponds to the broader understanding of the Abode of Islam in the Ḥanbalī school, where political and legal sovereignty represent the most important criteria. However, it contrasts with Ibn Taymiyya’s understanding, which also regards religious affiliation and practice of belief as determining factors. See Sarah Albrecht,