الشروط العمرية في الأدبيات الإسلامية و السريانية و وثائق جنيزة القاهرة

الملخص EN

This study aims at revealing the problems associated with the Pact of ‘Umar that prevent it from being considered as a jurisprudential precedent of the legal dictates of Dhimmis.

The importance of the study stems from the gravity of this pact, for if it were authentic, it might be considered a constitution governing the relationship between the Islamic State and its non-Muslim citizens.

The study concludes that the popularity and spread of the copies of this pact do not preclude rejecting it because of the confusion in the content and in its chain of narrators, in addition to the historical reality that these conditions were rarely applied.

This was confirmed by several sources such as the Syriac Christian scripts in Syria and Iraq, as well as the documents of the Cairo Genizah of Jewish community in Egypt.

The study also reveals the impact of the threats to the Muslim world by Mongols and the Crusaders as one of the main factors behind the spread of copies of this pact in Islamic sources, along with the absence of a comprehensive understanding of the concept of Islamic society.