Then I say, it is a flimsy claim since the Umariyyah has never been transmitted to the Muslim Ummah with an authenthic isnad. In addition to that, that so-called pact was never endorsed fully and this why Historians always highlight how the Jewish and Christians in the Islamic Empire enjoyed their religiously and wordly rights.Well it has been claimed that they are the work of Umar II (Umar ibn Abd al-Aziz) not Umar I (Umar ibn al-Khattab), so they are not that much later.
Why should I give my opinion considering that these statements are self-explanatory. Furthermore, Caetani was quoted by Thomas Anderson if you have fully read the quote that I provided.However these are dangerous grounds. I notice you cite them but do not give us your opinion. Caetani in particular is someone I do not think many Muslims would be comfortable endorsing.
I have said this in the slave-girls thread. You cannot quote a hadeeth without adding the rest of the text as the Islaamic Law is not based on a single hadeeth. It is a fundemental rule in the jurisprudential methodology.Contrary to what practices of the early community? Let me quote from the Sahih Bukhari, Volume 9, Book 83, Number 50:
A non-Muslim would conclude, based on his preconceived perception from the hadeeth, that it advocates that a Muslim cannot be heavily punished if he murders an innocenent non-Muslim.
The hadeeth is referring to the qisaas (retribution). Islaam does not legislate capital punishment for the crime of murder.
Allaah (Exalted is He) says in Soorah al-Baqarah:
O ye who believe! The law of equality is prescribed to you in cases of murder: the free for the free, the slave for the slave, the woman for the woman. But if any remission is made by the brother of the slain, then grant any reasonable demand, and compensate him with handsome gratitude, this is a concession and a mercy from your Lord. After this whoever exceeds the limits shall be in grave penalty. In the law of equality there is (saving of) life for you, o people of understanding; that you may restrain yourselves.
Thus what Islaam does is let the victim's family decide what he shall receive. If they decide that he shall be killed in retribution, then it will be carried out. If not, then they have the option to demand blood-money or forgive the murderer.
However, the right of killing the murder (retribution) does not extend to the family of a non-Muslim. Whilst they are entitled to receive the blood money, they cannot command to the court that the murderer should be killed as retribution. Besides, murderers who are not killed (retribution) are subjected to the discretionary punishment called tazeer which is an harsh punishment. It would indicate that they would serve a lengthy prison sentence or any other harsh punishment that the court imposes.
Similiary non-Muslims were exempted from many things such as paying the alms, being drafted in military service, following the personal Muslim laws and amongst other things.
As for the policy that they have to be distinct from the Muslims (i.e. not dress as the Muslims), then this is true and has been enforced for various reasons.
- It helps them preserve their identity
- It protects them incase they do something contrary in Islaam for which a Muslim would face punishment and for which they by being non-Muslims are exempt from punishment.