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7 786054 769223 Internatonal Conference on Relgous Toursm and Tolerance, 9-12 May 2013, Konya /

Editor Prof. Dr. Muhsin KAR

9-12 May 2013, Konya /TURKEY Internatonal Conference on Relgous Toursm and Tolerance, 9-12 May 2013, Konya /TURKEY

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KONYA - MAYIS - 2013 Churches and Synagogues in Classical Islamic Law: Debates on Construction, Continuance and Repair

Necmeddin Güney Res. Assist., Necmettin Erbakan University Islamic Law Dpt., Faculty of Theology, Turkey. e-mail: [email protected]

Abstract Churches, monasteries and other institutions of religious services were common in the territories in which was born. From the earliest Islamic conquests, non-muslims were allowed to live under the protection of the Islamic community and for the most part Jews and Christians retained their houses of worship. During Islamic history, this positive approach varied considerably depending on social and historical circumstances. Treatises defending contrary views were written by Muslim jurists, fatwas and counter-fatwas were issued. Some orientalists have reflected these varying opinions in a subjective way by highlighting the lesser tolerant views. Others have interpreted these views as the result of “anger against the dhimmis generated by their perceived ascendancy over Muslims” and as “part of the pressure for conversion to Islam”. This paper aims to clarify the legal basis for the construction, continuance, and repair of houses of worship in classical Islamic Law. Traditions of the prophet and the early Muslims, the Pact of Omar and other controversial issues will be discussed. We will utilize a balanced approach to the opinions and try to determine the prevailing ones. We will also try to uncover the reasons behind some of the interpretations which are less tolerant. Keywords: Islamic Law, Churches and Synagogues, Places of Worship.

1. Introduction and Historical Background This paper seeks to sketch the status of non-muslim worship places in classical Islamic law. It will discuss the legal aspects relating to construction and repair of churches and synagogues in the Sunni Law context. Although this paper deals with only the regulations about Christian and Jewish places of worship, actually Islamic law treats all non-muslim worship places the same.1 In the pre-modern era, non-muslims living in Muslim countries were treated as „dhimmis‟. The root word dhimma means „guarantee of protection‟ and hence Christians and Jews living in Muslim lands were „people subject to a guarantee of protection‟.2 Since dhimmis are under protection of Islam, Islamic law prohibits acts of hostility toward dhimmis and they are given various rights including the right to freely exercise their religion in private. It is clear that Islam allowed Jews and Christians to retain their ancestral religion. However, the discussion focuses on whether non-muslims living under Muslim rule were also permitted unrestricted freedom of religious observance, particularly in the public sphere.3 Also regulations related to non-muslim worship places, including some restrictions on the construction, maintenance and repair of houses of worship are cases in point. Many Quranic verses underline that there is no compulsion in religion, that faith is a matter of the heart and that nobody can be forced to become a Muslim.4 The mentions

(ًحكم ىذه األمكنة كليا حكم الكنيسة ًينبغي التنبيو علييا) :Ibn al-Qayyim al-Jawziyya, Ahqam ahl al-Dhimma, v. 2, p. 669 1 2 Freidenreich, David M., “Christians in early and classical Sunni law”, p. 101. 3 Friedmann, Yohanan, Tolerance and Coercion in Islam, p. 6. 4 For example, see The Qur‟an 2:256; 10:99; 18:29.

353 International Conference on Religious Tourism and Tolerance, 9-12 May 2013, Konya /TURKEY churches, monasteries, synagogues and mosques as places in which God‟s name is mentioned frequently. The verse reads: “...if God had not enabled people to defend themselves against one another, monasteries and churches and synagogues and mosques -in which God‟s name is abundantly extolled- would surely have been destroyed.”5 Hence, this verse in the Qur‟an specifically emphasizes the protection of non-muslim places of worship together with mosques and gives the Muslims the duty to safeguard them against any desecration or abuse. 2. Legal Rulings About Non-muslim Places of Worship About a century after the rise of Islam, this new faith had reached to Spain (Andalus) in the west and to inner parts of Asia to the east. Muslims who conquered those new lands encountered there pagan temples, churches and synagogues. Some of them had been abandoned long time before and fallen into ruin, while others were still in use by local residents. The question of what to do with these places of worship found its answer in Islamic law. Since the details of this issue were not precisely covered by the Qur‟an and the Prophet‟s sunna (his lifestyle and attitudes) Muslim jurists by the help of general principles of Islam and the practices of the Prophet (pbuh) himself and public interest (maslaha ammah), exercised independent interpretation of the problem. Eventually, many times differences of opinion aroused, but on some rare issues they also reached scholarly consensus (ijma). 2.1 Classification of Legal Rules According to City Types After reviewing the Islamic legal literature, we can say that regulations on places of worship in Islamic law are strictly connected to the legal status of the land/city on which they are situated and the dhimma agreement of the local residents. From the legal point, cities in Muslim lands are either „old cities‟ conquered by Muslims or they are new cities established by the Muslims themselves. Moreover, old cities were either conquered after a war or they surrendered according to an agreement between them and the Muslim forces. The rulings about a non-muslim place of worship vary significantly according to this general distinction into three parts: 2.1.1 Cities that agreed to surrender without war A protection (dhimma) agreement is signed between the people of the city and the muslim army. The individual terms of these agreements vary significantly among themselves. The simple rule was that non-Muslim places of worship which had existed prior to the Muslim conquest were never destroyed. Most of the Muslim jurists anticipate that those buildings continue their initial purpose as houses of worship.6 Since the Muslims also needed an urgent place of worship in these cities, many times a term that allowed Muslims to share the greatest churh/synagogue for prayer with the local people was added to the agreement. In cities like , Humus and Halap, Muslims and Christians performed their prayers in the main church of the city for some time. Depending on the terms of the agreement, half or one forth of these places was assigned to Muslims for prayers.7 On the other hand, the construction and repair of churches/synagogues depends on the terms of the peace agreement. If this issue was not addressed in the agreement, the regulation depends on the legal status of the conquered land. According to the agreement, if the land

5 The Qur‟an 22:39–40. (Translation by Asad) 6 “Ahl al-Dhimma”, al-Mawsua al-Fiqhiyya al-Kuwaitiyye, v. 7, p. 130. Only the Shafii‟s see that those buildings have to be converted and used for other purposes. 7 Yılmaz Can and Metin Yılmaz, “Müslümanların Fethedilen Topraklarda Mevcut Gayri İslam Mabetlere Yaklaşımı”, s. 45.

354 International Conference on Religious Tourism and Tolerance, 9-12 May 2013, Konya /TURKEY remained in the ownership of the local people and they were requested to pay the land-tax (kharaj) from it, they are allowed to build new churches and to repair the old ones. But if the land is left to the Muslim state and the non-muslims are asked to pay the poll tax (jizya), construction and repair is not allowed unless the terms of the peace agreement allow it.8 The main idea here is based on land ownership: If non-muslims own the land, they can build new churches. Otherwise, this depends on the terms of the peace agreement. It can be observed that muslim jurists were much more tolerant to churches and synagogues in cities which surrendered without fighting the muslims. 2.1.2. Cities that were secured by war Cities that resisted the muslim armies and fought to the death, faced relatively unpleasant consequences. In this case, the ownership of the whole city passes to the muslim state.9 Still non-muslim places of worship were not destroyed. It is known that the companions of the Prophet have conquered many lands by fighting a war but they left the places of worship unharmed. The Caliph Omar b. Abd al-Aziz (d. 101/719) has written a decree to his officials that reads: “Do not destroy any church, synagogue or fire temple”.10 As for the status of these buildings, there are two opposing views: a) Some jurists including the hold that the head of the state has the full right to leave it as it is, or to convert it into a mosque or to stipulate that it has to be used as a residence and not a place of worship. In some cities, the greatest church/synagogue or the palace of the city was converted into a mosque as a symbol of muslim sovereignty over the city.11 Cities like Harran, Citesiphon (Madain), Qazvin and the ancient city „Estakhr‟ are examples of this practice. In other instances, temples and churches were converted into universities (), palaces, public baths (hamam) or depots.12 The conversion of magnificent buildings of the enemy after a conquest was a common practice in the medieval period. It is known that similar practices were also exercised by the crusaders as a symbol of dominance and superiority when they secured cities from Muslims. Also mosques and synagogues in Spain (al-Andalus) suffered a worse fate at the hands of the northern Christians who gradually took over all Iberian Peninsula. In conclusion, it is fair to say that these kinds of practices are not based on the requirements of Islamic texts (nass) like the Qur‟an or the sunnah, but rather the administrative choice of the commander or the head of the state. b) Other jurists, including the Malikis and some Shafii and Hanbalis hold the view that those places of worship have to be left as they are and cannot be converted. On the other hand, in this type of cities, the jurists are in agreement that the construction of new churches/synagogues cannot be allowed.13 Some of the early practices are according to

8 “Ahl al-Dhimma”, al-Mawsua al-Fiqhiyya al-Kuwaitiyye, v. 7, p. 130. Only a weak opinion in the Shafii law school opposed the majority of jurists and advocated that even if the land is left to the local people, and there is no term in the agreement allowing construction, they are not allowed to build new places of worship or repair them. Their point is that the conquered land is now under islamic rule. 9 Ibn al-Qayyim al-Jawziyya, Ahqam ahl al-Dhimma, v. 2, p.712. 10 al-Kasani, Badayi al-Sanayi, v. 7, p. 180; “Ahl al-Dhimma”, al-Mawsua al-Fiqhiyya al-Kuwaitiyye, v. 7, p. 129. The preferred view in the Shafii school and a view in the Hanbali school opposes the majority of jurists and requests the destruction of churches in cities which fought the muslims. This view is based on the idea that, since the city fought the muslims, the ownership of the land belongs to the muslim state and the city has the same status as a muslim-built-city. 11 Akman, Mehmet, “Kilise ve Havraların İslam-Osmanlı Hukuk Tarihindeki Yeri”, p. 134. 12 Yılmaz Can and Metin Yılmaz, “Müslümanların Fethedilen Topraklarda Mevcut Gayri İslam Mabetlere Yaklaşımı”, s. 45. 13 al-Kasani, Badayi al-Sanayi, v. 7, p.169; al-Sarakhsi, Sharh al-Siyar al-Kabir, v. 4, p. 1533; Akman, Mehmet, “Kilise ve Havraların İslam-Osmanlı Hukuk Tarihindeki Yeri”, p. 134.

355 International Conference on Religious Tourism and Tolerance, 9-12 May 2013, Konya /TURKEY this rule. For example the companion Abu Ubayda b. al-Jarrah, in his agreement, did not allow the people of Damascus and Humus/Homs to build new places of worship but the existing ones were left untouched.14 The same condition was put in the agreement with the people of Raqqa by the companion „Iyad b. Ghanm.15 However, texts quoted by some jurists that prohibit building new churches are regarded very weak because of problems in their chains of transmission.16 Probably the assumption behind this is that the number of non-muslims will not increase but will decline by time and there will be no need for new churches and synagouges. But this ruling is not absolute. The Hanafis maintain that this prohibition is not enforced where the non-muslim population is overwhelming.17 The Ottoman jurist states that to ban the building of non-muslim places of worship in a city that was secured by war, there must be the jum‟a prayer performed and the hudud (penal law) applied.18 Likewise the maliki jurist Ibn al-Qasim and the Zaydi school of law have the opinion that the head of the state can grant permission to build new churches/synagouges.19 2.1.3 Cities established by Muslims Basrah, Baghdad and Kufa in Iraq and the former city „Fustat‟ in are examples of cities established by Muslims. The strictest rule about non-muslim places of worship is observed in these types of cities. Although non-muslim citizen (dhimmis) are permitted for settling, islamic schools of law () are in agreement that they are not allowed to construct synagogues or churches in these cities.20 Even if the head of state makes an agreement with the dhimmis that permits them, either the whole contract or only the special condition is void.21 Since there are no direct provisions in the Qur‟an or the sunna, the legal basis for these rulings seems to be administrative regulation (siyasa shar„iyya) based on public interest (maslaha). It is to be noted that Muslim cities were always established and developed around a central mosque and that the land of these places is owned by Muslims or the state. Furthermore, selling Muslim land to non-muslims for the purpose of building places of worship was regarded as an approval of their religion and hence forbidden by Islamic law. It should also be kept in mind that Muslim states were in continual war with Christian states. The building of magnificent buildings like churches and synagogues in cities established by Muslims might have been regarded as a sovereignty symbol of the enemy during that era. Muslim jurists also may have aimed to avoid missionary activities in Muslim cities. Moreover, the jurists were probably trying to create a society that makes manifest the supremacy of Islam in an age of religion wars. The idea that „Islam is superior and cannot be superseded‟ may have been interpreted to support this kind of regulations. 2.2. Places of worship outside Muslim cities On the other hand, the founding of new churches and synagogues in villages and other places outside cities inhabited by Muslims was much more tolerated by Muslim jurists.22

14 Hamidullah, Muhammad, Majmu„a al-Wasaiq al-Siyasiyya, p. 458, 467-8. 15 Hamidullah, Muhammad, Majmu„a al-Wasaiq al-Siyasiyya, p. 494-5. 16 Zaylai, Nasb al-Raya li ahadith al-Hidaya, v. 3, p. 453-454; Yaman, Ahmet, “Müslüman Mahalleside Çan Çalınabilecek, Salyangoz Satılabilecek mi? İmam Muhammed‟den Günümüze Bir Yansıma”, p. 53. 17 al-Sarakhsi, Sharh al-Siyar al-Kabir, v. 4, p. 1533. 18 Ibn Abidin, Hashiya Radd al-Muhtar, v. 4, p. 203. 19 Akman, Mehmet, “Kilise (Fıkıh)”, v. 26, p. 17. 20 Yılmaz Can and Metin Yılmaz, “Müslümanların Fethedilen Topraklarda Mevcut Gayri İslam Mabetlere Yaklaşımı”, s. 43. 21 al-Sarakhsi, Sharh al-Siyar al-Kabir, v. 4, p. 1548. According to Ibn al-Qayyim, the whole contract is void. (Ibn al-Qayyim al-Jawziyya, Ahqam ahl al-Dhimma, v. 2, p. 672.) 22 Ward, Seth, Construction and Repair of Churches and Synagogues in Islamic Law, p. 4.

356 International Conference on Religious Tourism and Tolerance, 9-12 May 2013, Konya /TURKEY

Most of the jurists have permitted this without condition,23 while others allowed this with the stipulation that it is located more than a mile from the nearest Muslim city or that the majority of the local inhabitants must be non-muslims.24 The later jurist Ibn Abidin is less tolerant and argues that new churches should not be allowed in Muslim lands even if it is outside big cities.25 The lesser tolerant approach of Ibn Abidin may have a connection with the continual decline of the Ottoman state and the intervention by western states into Ottoman minorities at that time. 2.3. Special regulations for the Arabian Peninsula The jurists are in agreement that the building of churches, synagogues and other non- muslim worship places are not allowed in the Hijaz area which comprises the cities Mecca and Medina. The ban on non-muslim places of worship in the Hijaz area is closely connected with the expulsion of non-muslims from this area. Jurists are in agreement that non-muslims may not reside in the region of Mecca and Medina. However, jurists differ over whether this rule extends to all of the Arabian Peninsula or not.26 The words narrated from the Prophet use different terms to define the area which non-muslims must be abandon (ard al-„Arab, ard al- hijaz, jazirat al-„Arab and mulk al-„Arab etc.). Although the geographical area expressed by these terms is not quite clear, the prevailing view is that it is limited to the two holy cities and surrounding areas.27 The jurists tried to justify the ban on non-muslim worship places by citing a tradition of the Prophet. Accordingly, the Prophet is reported as having said “Two religions will/cannot come together in the Arabian peninsula”.28 3. Analysis of the Classical Doctrine Above, we tried to summarize the rules developed by muslim jurists of the classical period of Islamic law about non-muslim houses of worship in muslim lands. Now we want to look back at the sunna of the Prophet and the early practices. The most important example in the sunna of the Prophet is the „Najran Pact‟. The Prophet (pbuh) made a peace agreement with the Christians of Najran that included the term that the churches of the Najran people are under the protection of the Prophet and the muslims.29 The first of the Rightly Guided Caliphs, Abu Bakr (d. 13/634) also renewed the treaty according to the same terms.30 The Najran pact mentions that the churches of Najran Christians are to be respected. Najran Christians are not to be prevented from repairing them. No one may destroy a church, damage it, or carry anything from it to his home. The pact also mentions that the covenant comprises all Christians near and far, and that no one of the muslims may disobey this covenant till the end of the world.31 It is clear that the attitude towards non-muslims in the time of the Prophet and the first caliphs is relatively tolerant. We see that the Prophet and the first generation of Islam granted full religious rights to non-muslims as long as they respected the authority of the muslims. A notable example can be found in the second Caliph Omar (d. 644) when he visited the Church of the Holy Sepulchre after accepting the surrender of Jerusalem. Patriarch Sophronius invited him to pray inside the Church, but Omar declined this offer. He didn‟t want to set a precedent

23 al-Kasani, Badayi al-Sanayi, v. 7, p. 169. 24 al-Sarakhsi, Sharh al-Siyar al-Kabir, v. 4, p. 1534. 25 Ibn Abidin, Hashiya Radd al-Muhtar, v. 4, p. 202-3. 26 Freidenreich, David M., “Christians in early and classical Sunni law”, p. 108. For details see Küçükaşçı, , “Hicaz”, Türkiye Diyanet Vakfı İslam Ansiklopedisi, 1998, 17/432-437. 27 Friedmann, Yohanan, Tolerance and Coercion in Islam, p. 92-93. 28 Imam Malik, Muwatta, Jame, 18; Akman, Mehmet, “Kilise (Fıkıh)”, v. 26, p. 17. 29 Hamidullah, Muhammad, Majmu„a al-Wasaiq al-Siyasiyya, p. 175-179. 30 Hamidullah, Muhammad, Majmu„a al-Wasaiq al-Siyasiyya, p. 191-192. 31 Hamidullah, Muhammad, Majmu„a al-Wasaiq al-Siyasiyya, p. 562

357 International Conference on Religious Tourism and Tolerance, 9-12 May 2013, Konya /TURKEY and thereby endanger the Church's status as a Christian house of worship. Instead of this, he prayed outside in the courtyard. The Mosque of Omar was built afterwards in this place in memory of this event.32 On the other hand, there is a document usually known as „the pact of Umar‟ to the same caliph. It is considered by orientalists the basic text that states the conditions under which non-muslims were allowed to live in Muslim lands.33 Some of the terms require Christians to stay away of symbols of elevated social status and other terms try to preserve the distinction between Muslims and the non-muslim population. This pact is not mentioned in primary authentic sources and hence the association of this pact with the second caliph Umar is controversial. But still, some later jurists seem to have accepted the terms in this pact as an instructive template for future peace agreements.34 Another important point is that the rules developed by Muslim jurists by reasoning (ijtihad) and written into legal textbooks were not always strictly enforced. We have to keep in mind that Muslim jurists are private citizens and not government functionaries. The works they wrote express normative ideals. Muslim political authorities observed the rules sometimes, but sometimes they treated the non-muslims in ways that contravened the norms articulated by muslim jurists. It seems that most of the time this was to the benefit of the non- muslim subjects.35 So, construction and repair of houses of worship did occur. There are many instances where rulings were made permitting repairs or upholding the rights of non-muslim citizens to retain their houses of worship. There are even legal decisions (fatwa) allowing the presence and repair of churches and synagogues in places where the buildings clearly postdated the conquest.36 Of course, this generated considerable intellectual debate among muslim jurists. Muslim jurists holding contrary views wrote treatises to support their viewpoint, fatwas and counter-fatwas were issued. The sympathy and respect of a governor towards non-muslim citizen was another reason for wide latitude. One outstanding example is Khalid b. Abdullah al-Qasri, the governor of Iraq and Mecca under the Umayyad , whose mother was a Christian. He allowed the construction of many churches during his time. 4. Contemporary Practice Once built, even the muslim jurists of the classical period generally oppose the destruction of houses of worship. The prominent Hanafi jurist Ibn Kamal al-Sivasi (d. 861/1456) states that none of the churches in muslim lands that are present in his time may be destroyed. According to him, even the ones in cities established by muslims cannot be destroyed because they may have been outside the city in the past but then when the city expanded it may have been included in the city.37 Contemporary studies have a much more lenient outlook. Many scholars like Abdulkarim Zaidan state that the rules derived by muslim jurists are not based on direct Islamic orders but

32 Yılmaz Can and Metin Yılmaz, “Müslümanların Fethedilen Topraklarda Mevcut Gayri İslam Mabetlere Yaklaşımı”, s. 45-46, subnote 86. 33 Ward, Seth, Construction and Repair of Churches and Synagogues in Islamic Law, p. 2. 34 Freidenreich, David M., “Christians in early and classical Sunni law”, p. 104. 35 Ward, Seth, Construction and Repair of Churches and Synagogues in Islamic Law, p. 7-8; Freidenreich, David M., “Christians in early and classical Sunni law”, p. 100. 36 Ward, Seth, Construction and Repair of Churches and Synagogues in Islamic Law, p. 3. For some concrete examples see Robinson, Chase F. (editor), The New Cambridge History of Islam, Volume 1: The Formation of the Islamic World 6th to 11th Centuries, p. 514-515, 575-6, 578. 37 Ibn al-Humam, Sharh Fath al-Qadir, v. 6, p. 59.

358 International Conference on Religious Tourism and Tolerance, 9-12 May 2013, Konya /TURKEY mirror medieval political and social conditions. Those scholars maintain that building places of worship is a part of freedom of religion and this right can be granted to non-muslims when there is a need for it. Zaidan‟s opinion is that non-muslims may build or repair their houses of worship with a permit from the governing authority without regard to where they are situated. The Hijaz area is an exception of this rule.38 5. Conclusion 1. There is only one verse in the Qur‟an that provides a basis for Islamic policies toward non-muslim houses of worship. That remarkable verse emphasizes and requires the protection of non-muslim places of worship together with mosques. The details of this issue were not covered by the Qur‟an or the authentic sunna of the Prophet. Therefore, all detailed rulings in medieval Islamic law works are independent interpretations (ijtihad) offered by the muslim jurists with the help of general principles like public interest and the needs of administrative regulation. Some of the dictated rules mirror prevailing medieval conditions, a time when Muslim states were in continual war with Christian states. The rulings issued in troubled times varied significantly from their counterparts in good times. Many factors like local rebellions, the negative attitude of the local people towards the Muslim authority, the crusades, the Mongol invasion have negatively affected the attitude towards non-muslim citizens in muslim lands. On the other hand, friendly relationships between governors and non-muslims and peaceful co-existence have resulted in relaxation of the rules and regulations. It is notable that some non-sunni legal schools differ on these issues. While the Ja‟faris (Twelver Shia) have less regulations in their legal works on this subject, the Zaydis (Fiver Shia) appear to be far more tolerant, allowing even new construction anywhere, with the permission of the Islamic authority. The possible reason for this difference may be grounded in the fact that Iran and Yaman didn‟t have direct confrontation with non-muslim forces.39 2. Religious tolerance in muslim societies was notable for being much better than that which existed elsewhere in other empires and civilizations. Of course, there were sometimes gaps between established policy and its actual practical application, mostly to the benefit of the non-muslims but also sometimes to their detriment. So, the degree of tolerance varied by time and place. It would be unfair to compare the laws expressed in medieval Islamic sources with 21st century western norms. We have to point out that until modern times; tolerance in the treatment of non-believers was not so much valued as it is now. When we compare these laws governing non-muslim houses of worship with their counterparts in Roman, Sasanid and Christian civilizations, even the harshest rules appear commonplace.40 At the same time, it is possible to say that on the whole the treatment in Muslim lands was certainly no worse than the treatment of muslims in Christendom.41 As Friedmann puts it: “Historically speaking, the rules implied in the geographically unrestricted traditions were rarely implemented beyond the boundaries of the Arabian peninsula; the non-Muslim communities living under Islam experienced far less expulsions and persecutions than Jews, or “deviant” Christians, living under medieval Christendom.”42 3. Today, building houses of worship is universally accepted as a part of freedom of religion. It falls under the article 18 of the UN Universal Declaration of Human Rights. In

38 Abdulkarim Zaidan, Ahkam al-dhimmiyyin, p. 98-99 ; Akman, Mehmet, “Kilise (Fıkıh)”, v. 26, p. 17. 39 For details see Ward, Seth, Construction and Repair of Churches and Synagogues in Islamic Law, p. 5-6. 40 Freidenreich, David M., “Christians in early and classical Sunni law”, p. 99. 41 Edge, Ian, “A Comparative Approach to the Treatment of Non-muslim Minorities in the Middle East with Special Reference to Egypt”, p. 52. 42 Friedmann, Yohanan, Tolerance and Coercion in Islam, p. 93.

359 International Conference on Religious Tourism and Tolerance, 9-12 May 2013, Konya /TURKEY accordance with the international law and the essence of the Quran, non-muslims must be granted the right to build or repair their houses of worship with a permit from the governing authority. The only exception is the Hijaz area, roughly the cities Mecca and Medina, where non-muslims are not allowed to inhabit and this exception should not constitute a serious problem. References “Ahl al-Dhimma”, al-Mawsua al-Fiqhiyya al-Kuwaitiyye, v. 7, pp. 128-130. Akman, Mehmet, “Kilise ve Havraların İslam-Osmanlı Hukuk Tarihindeki Yeri”, ILAM Research Journal, v. I, issue: 2 (July-December 1996), pp. 133-144. Akman, Mehmet, “Kilise (Fıkıh)”, Türkiye Diyanet Vakfı İslam Ansiklopedisi (DİA), v. 26, pp. 11-18 Edge, Ian, “A Comparative Approach to the Treatment of Non-muslim Minorities in the Middle East with Special Reference to Egypt”, in Chibli Mallet, Jane Connors (editors.), Islamic Family Law, London: Graham & Trotman Ltd. 1990, pp. 31-54. Freidenreich, David M., “Christians in early and classical Sunni law”, in Christian-Muslim Relations: A Bibliographical History Volume 1 (600-900), Edited by David Thomas and Barbara Roggema, p. 99-114. Friedmann, Yohanan, Tolerance and Coercion in Islam: Interfaith Relations in the Muslim Tradition, Cambridge University Press, New York 2003. Hamidullah, Muhammad, Majmu„a al-Wasaiq al-Siyasiyya li al-„ahd al-nabawi wa al- Khilafa al-rashida, Beirut: Dar al-Nafais 1985, 5th edition. Ibn Abidin, Hashiya Radd al-Muhtar, 1389/1969, 8 vols. Ibn al-Humam, Sharh Fath al-Qadir, No publication info, 10 Vols. Ibn al-Qayyim al-Jawziyya, Ahqam ahl al-Dhimma, Beirut: Dar al-„ilm li al-malayin 1994, 4th edition. al-Kasani, Badayi al-Sanayi fi tartib al-Shara„i, Beirut 1406/1986. “Ma„abid”, al-Mawsua al-Fiqhiyya al-Kuwaitiyye, v. 38, pp. 147-161. Robinson, Chase F. (editor), The New Cambridge History of Islam, Volume 1: The Formation of the Islamic World 6th to 11th Centuries, Cambride: Cambridge University Press 2011. al-Sarakhsi, Sharh al-Siyar al-Kabir, Beirut: Sharikat al-Sharqiyya 1917, 5 Vols. Ward, Seth, Construction and Repair of Churches and Synagogues in Islamic Law: A treatise by Taqi al-Din Ali b. Abd al-Kafi al-Subki, Unpublished Ph.D. Dissertation, Yale University, New Haven 1984. Yaman, Ahmet, “Müslüman Mahalleside Çan Çalınabilecek, Salyangoz Satılabilecek mi? İmam Muhammed‟den Günümüze Bir Yansıma”, Eski Yeni Magazine, Spring 2006, issue: 1, pp. 51-55 Yılmaz Can and Metin Yılmaz, “Müslümanların Fethedilen Topraklarda Mevcut Gayri İslam Mabetlere Yaklaşımı”, Dinbilimleri, VIII (2008), sayı: 2, pp. 27-52. Zaidan, Abdulkarim, Ahkam al-dhimmiyyin wa al-musta‟manin fi dar al-Islam, Beirut: Muassasat al-Risala 1402/1982. Zaylai, Nasb al-Raya li ahadith al-Hidaya, Beirut: Muassasat al-Rayyan 1418/1997.

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