In the Name of God, the Subtle, the Loving
Robert Spencer, one of the leading anti-Islam ideologues of the Western world, published The Politically Incorrect Guide to Islam (and the Crusades). This is a rebuttal of chapter four of his book.
1. Historically, Jews fared better in Christian Europe than in the lands of Islam. Says Spencer: “…The Muslim laws [imposing dhimmitude] were much harsher for Jews than those of Christendom…In Christian lands there was the idea, however imperfect, of the equality of dignity and rights for all people…” 
Spencer’s claim contradicts the predominant opinion held by Western scholarship. Prof. Mark R. Cohen, the leading expert in the field, concludes that “the historical evidence indicates that the Jews of Islam, especially during the formative and classical centuries (up to the thirteenth century), experienced much less persecution than did the Jews of Christendom.”  Spencer’s book is horribly one-sided: it mentions “dhimmitude” (a spurious term), but makes no mention of the Church’s doctrine of Perpetual Servitude. Comparing the two, Cohen writes: “…The dhimmi enjoyed a kind of citizenship, second class and unequal though it was…[in contrast to] Jews living in Latin Christian lands, where…[they were] legally possessed [as slaves] by this or that ruling authority.” 
Read my complete rebuttal here.
2. The Pact of Umar, a document that enumerates a number of humiliating conditions to be imposed upon non-Muslims, is “still part of the Sharia today.”  As soon as Muslims are able to, they will enforce it.
Numerous Islamic and Western scholars have declared the Pact of Umar to be a forgery. Muslims do not believe that a forgery can be a “part of the Sharia.” More importantly, although the document may have had some significance hundreds of years ago, it has now fallen into complete disuse and obscurity in the Islamic world. It is highly unlikely that contemporary Muslims want to reimpose a document that they themselves have never heard of. This is very similar to how most Christians today have no familiarity with the Church’s doctrine of Perpetual Servitude. To argue that either Muslims or Christians in general want to reimpose these respective doctrines–dhimmitude and Perpetual Servitude respectively–is conspiratorial and far-fetched. Read my complete rebuttal here.
3. Robert Spencer writes:
*Islamic law mandates second-class status for Jews, Christians, and other non-Muslims in Islamic societies.
*These laws have never been abrogated or revised by any authority. 
Spencer challenges me, claiming that I will do
virtually anything other than actually prov[e] that there exists a sect or school of Islam that teaches that Muslims must live with non-Muslims as equals on an indefinite basis
I accept his challenge.
Spencer’s claim–that no Islamic “authority” or “sect or school” has ever “abrogated” the laws of “dhimmitude”–is quite simply false. It is a boldfaced lie or profound ignorance, either of which casts great doubt on Spencer’s “scholarship.” Over 150 years ago, the caliph (supreme leader of the Islamic world) abolished the dhimmi system entirely. In 1839, a caliphal decree known as the Hatt-i Sharif of Gulhane was issued, implicitly recognizing the equality of all Ottoman subjects, Muslim and non-Muslim alike. In 1856, “the Hatt-i Humayan [was issued], in which the principles of 1839 were repeated and the guarantees of the equality of all subjects were made more explicit. Thus, Muslim and non-Muslim were to have equal obligations…and equal opportunities…”  The decree abolished the jizya and dhimmi system for all time. (Read more about these caliphal decrees here.)
In the mid-nineteenth century, a group of Islamic intellectuals emerged, known as the Young Ottomans (not to be confused with the secularized Young Turks). They expounded Ottomanism, a doctrine stating the inherent equality of all peoples in the Empire regardless of religion or ethnicity. The Young Ottomans believed that Islam advocates constitutionalism and that the government must enter a contractual agreement with those whom they rule over. In other words, there is to be mutual consent between the rulers and the ruled. The Young Ottomans opposed the royal autocracy, and demanded democratization of the Empire. They argued that not only should all religious communities be viewed equally by the state, but there were certain inalienable rights that all citizens possessed, which the government could not infringe upon. The efforts of the Ottoman government on the one hand and the Islamic intellectuals on the other hand culminated in the passage of the Nationality Law of 1869, which “reinforced the principle that all individuals living within Ottoman domains shared a common citizenship regardless of their religion.”  (Read more about these Islamic intellectuals here.)
The Young Ottomans had a long-lasting effect on Islamic discourse, and gave birth to the modernist school of thought. Arguably the key figure of modernist Islam was Muhammad Abduh (1849-1905), who served as rector of al-Azhar University (the foremost Sunni institution) and who held the position of Grand Mufti of Egypt (the highest ranking religious position in the country). Abduh issued a fatwa declaring Muslims and non-Muslims “to be equal under the law, with full citizenship rights.”  He further supported parliamentary democracy and constitutionalism as a means to protect these individual rights. In 1908, Mehmed Emaleddin Efendi (Turkey, 1848-1917)–the chief religious authority of the Ottoman Empire, appointed directly by the caliph–concurred with Abduh. During this period, numerous Islamic reformers emerged, and reconciled Islam with modernity. They revised traditional opinions dealing with jihad, women’s rights, human rights, science, and interfaith relationships. Quite consistently, the modernist trend of Islam has held the opinion, to use Robert Spencer’s own words, that “Muslims must live with non-Muslims as equals on an indefinite basis.” (Read more about modernist Islam here.) Muhammad Abduh’s work “fostered not only a modernist school of thought but also a reformed traditionalist school…spearheaded by [the more conservative] Muhammad Rashid Rida, a disciple of Abduh.”  In this manner, reformist ideas seeped into the discourse of the conservative Ulema. One can say that the fire of reform burned greatest at its modernist core, but its warmth reached even more traditionalist elements, defrosting some of their more [f]rigid opinions.
It should be noted, however, that “few Muslims explicitly self-identify as ‘Muslim modenists,’ [and] instead refer to themselves simply as Muslims.”  The term “modernist Islam” is instead used most frequently by Western scholars–those outside of the faith–to describe a clearly discernible trend that has had profound influence on contemporary Islamic discourse. Anti-Islam ideologues often dismiss modernist interpretations, choosing instead to “look at the more conservative articulations of Islam (such as some traditional scholars) and even Muslim extremists as somehow representing ‘real’ Islam.”  However, modernists should not be disregarded so easily, because although they diverge from classical formulations, they maintain fidelity to the canonical texts. Muhammad Abduh argued that his was a “properly understood interpretation of Islam”, consistent with the “standards of the Quran [and] the hadith.” 
In fact, the modernists argue that in reality it is “the inherited, calcified shari’a tradition” that does “not reflect the true spirit of the Qur’an and the Prophet’s Sunna.” They disregard the classical formulation as “centuries old legal baggage derived from the [spurious] Pact of ‘Umar.”  The modernists look instead to the Constitution of Medina, drafted by the Prophet Muhammad, which granted “equality” to the Jewish residents of the city. No jizya was taken from them, and they served in the military alongside Muslims. The nineteenth century Islamic reformers “cited the ‘Constitution of Medina’ as a model of good sectarian relations. If the Prophet could extend political rights to non-Muslims then so too could a modernist Islamic polity, without endangering its Islamic character.” 
The Constitution of Medina declared that the “Muslims of Quraish and Yathrib, and those [Jews] who followed them and joined them…are one nation (ummah) to the exclusion of all men.” Nineteenth century modernists used this powerful sentence to dismiss the medieval division of the world into a Muslim ummah and a non-Muslim polity. Instead, they argued that there was a religious ummah and a political ummah. Muslims and non-Muslims living in the same country were then part of the same ummah, and owed their loyalty and allegiance to each other. Similarly, Muslim Americans today believe that the United States is their ummah (nation) to which they owe their loyalty and allegiance, so when anti-Islam ideologues deride them by saying “the Muslim Americans owe their loyalty and allegiance to the ummah,” the Muslim Americans could not agree more. (Read the relevant parts of the Constitution of Medina here.)
According to the Constitution, the Muslims and Jews were obligated to defend the other in case of attack, a very real fear considering the hostile polytheist tribes surrounding Medina. Prof. Francis E. Peters writes: “Muhammad’s attitude toward the People of the Book, as he called those who shared the same scriptural tradition with Islam, was generally favorable…But as time passed, the Quran came to look on Jews and Christians as adherents of rival rather than collegial faiths. Some of this change in attitude was dictated by events at Medina itself, where Jewish tribes made up part of the population. Not only did the Jews reject Muhammad’s prophetic claims; they began secretly to connive with his enemies.”  Fear of a fifth column prompted the Prophet Muhammad to banish the Jewish tribes of Banu Nadir and Banu Qinaqa from Medina, a controversial decision receiving its share of criticism by historians and polemicists alike. Jewish tribes not involved in the treachery were allowed to stay in the city, so long as they honored the terms of the Constitution.
S.A. Rizvi writes: “The banishment of the Jewish tribes of Banu Nadhir and Banu Qinaqa from Medina had accentuated the animosity of the Jews towards the Muslims. These tribes had settled down at Khaibar at a distance of about eighty miles from Medina.”  Two years later, the banished Banu Nadir sought to exact revenge, and joined the polytheists in an assault on Medina. The Banu Nadir bribed various tribes to join in the attack, including the Banu Ghatafan, the Bani Asad, and the Banu Sulaym. They also convinced a Jewish tribe in Medina to attack the Muslims from the inside. The combined forces outmatched Muhammad’s army 10,000 to 3,000. However, the Muslims saved Medina from almost certain doom by building a trench which successfully impeded enemy advance, a tactic hitherto unknown to Arabia. After several weeks of trying to cross the trench, the besiegers retreated, the Quraish polytheists to Mecca and the Jews of Banu Nadir to Khaibar.
The Muslims launched a counter-attack on Khaibar, and won a decisive victory. Terms of the surrender included a provision for the defeated Jews to “relinquish any intention of maintaining a military force and to rely on Muslims for their personal security and that of their possessions in exchange for the payment of [jizya].”  This was the first time jizya was instituted, and the context in which it was. In the time of the Prophet Muhammad, no other condition was placed on the dhimmis, except that of jizya and the prohibition from serving in a military capacity. As such, the conditions placed on them seemed to be about security rather than humiliation.
As the Islamic legal tradition developed, the jizya became accepted as the normative practice towards non-Muslims (along with the trappings of the Pact of Umar), whereas the Constitution of Medina fell to the wayside. Islamic reformers in the nineteenth century, however, argued that jizya is to be demanded only of those disbelievers who have “violated their pledges (of peace)…and attacked you first” (Quran, 9:13), those whose belligerence must be “subdued” (Quran, 9:29). The Prophet Muhammad’s decision to demilitarize certain tribes and take jizya to fund their protection was seen more of a military consideration than a theological obligation. The modernists revived the Constitution of Medina, arguing that peaceful and loyal non-Muslims ought to be considered equal citizens alongside Muslims. There was to be religious equality, with people of all faiths having the same rights and obligations.
These ideals were enshrined in the Objectives Resolution of 1949, a document that represents the culmination of over a century’s worth of modernist reinterpretation of Islamic texts. This fascinating synthesis of Islam and modernity declared that “the principles of democracy, freedom, equality, tolerance, and social justice as enunciated by Islam shall be fully observed…adequate provision shall be made for the [religious] minorities to freely profess and practice their religions and develop their cultures; Wherein shall be guaranteed fundamental rights including equality of status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief, faith, worship and association…adequate provisions shall be made to safeguard the legitimate interests of [religious] minorities…” (Read more about the Objectives Resolution of 1949 here.)
The idea of religious equality may have been considered exclusively modernist a century ago, but now finds resonance in wider Islamic circles as well. As Prof. Cleveland writes: “If, after the passage of nearly a century, Abduh’s proposals seem somewhat…conservative, we must attempt to appreciate how bold they were at the time.”  Accordingly, numerous contemporary scholars ranging from modernist to conservative have issued rulings declaring their belief in equal citizenship regardless of religion. My very cursory research found several such Islamic intellectuals and scholars who have issued rulings saying as much, including: Jasser Auda, Tariq Ramadan, Yousuf al-Qaradawi, Rashid Al-Ganoushi, Muhammad Salim al-Awa, Muqtedar Khan, Mukarram Ahmad, Muhammad Yahya, Abdul Hameed Nomani, Syed Shahabuddin, Tahir Mahmood, Mujtaba Farooq, Ataur Rahman Qasmi, Waris Mazhari, Zafar Mahmood, S.Q.R. Ilyas, Zafarul-Islam Khan, Mirza Yawar Baig, Shahnawaz Ali Raihan, and Khaled Abou El Fadl. Representatives from the following Islamic organizations have issued these rulings: UK Board of Muslim Scholars, International Union for Muslim Scholars, European Muslim Network, Al-Nahdha Islamic Movement, World Assembly of Muslim Youth, Circle for Tradition and Progress, European Council for Fatwa and Research, International Association of Muslim Scholars, Egyptian Association for Culture and Dialogue, Association of Muslim Social Scientists, All India Jamiat Ahl-e Hadees, Jamiat Ulama-e Hind, All India Muslim Majlis-e Mushawarat, Jamaat-e Islami Hind, Muslim Personal Law Board, All India Muslim Majlis-e Mushawarat, Students Islamic Organisation, and All India Muslim Majlis-e Mushawarat. (Read these religious rulings here.)
Spencer would have unearthed this if he had only spent the couple hours I did to find it. Or had he picked up a real history book, he would have known that over a century ago, these views became the law of the land due to the efforts of the caliph and numerous Islamic intellectuals. He would have known that such a fatwa was passed by al-Azhar, the same university which he invokes as the absolute most ultimate Islamic authority when ranting about Reliance of the Traveler. He would have known that the highest religious authority in all of the Ottoman Empire declared the same. In light of all this, Spencer’s claim that the “laws [of dhimmitude] have never been abrogated or revised by any authority” is truly absurd. The only question that remains is: is his claim willful prevarication or simply the result of his lack of scholarly training?
Robert Spencer will learn to regret the day Danios spent $5 to buy a used copy of The Politically Incorrect Guide to Islam (and the Crusades)
I have a nagging suspicion that Spencer will now move the goalposts, and argue that there are some ultraconservative Muslims who don’t have such enlightened views about the topic. But that was not his claim. His claim was that no Islamic authority has ever “abrogated or revised” the dhimmi laws. (Can Spencer ever defend his actual argument when he debates me!?) If Spencer limited his criticism to ultraconservative Islam alone, and argued that Islamic puritans who believe in reimposing “dhimmitude” need to be opposed, I would have absolutely no issue with him. In fact, I would then support his work, and help him in that important task.
Of course, I would also be consistent and criticize extreme right-wing Christians who argue to this day that the Doctrine of Witness and of Perpetual Servitude should be revived; for example, this website (which boasts an impressive membership of a couple hundred thousand) argues that “the theologically correct, and socially just Catholic social policy is to subjugate [the Jews], regulate them, segregate them and expel them.” (Here, Spencer would mistakenly invoke the tu quoque defense, not knowing that tu quoque is not always considered a fallacy but in fact has legitimate uses; see hypocrisy, argument for equal treatment, and clean hands doctrine.)
I would also point out to Spencer that the best way to undermine ultraconservative interpretations is to support modernist ones. But Spencer wants to deny this option to Muslims, because it would mean that the entire faith of Islam could not be vilified. The only option that should be given to the Muslim, according to Spencer’s philosophy, is to leave Islam, and of course it would be ideal to convert to Christianity. At the end of the day, Spencer is a Catholic polemicist who is waging a crusade against Islam. The very first words in his book The Politically Incorrect Guide to Islam (and the Crusades) are “Deus Vult!” (God wills it!), which was “the rallying cry of the First Crusade”; and the very last sentence of his book explicitly calls for a crusade against Islam. His book then is “Deus Vult…Crusade”, and everything in between those two words is just propaganda to justify the Crusade that God willed.
refer back to article 1. Robert Spencer, The Politically Incorrect Guide to Islam (and the Crusades), pp.57-59. ISBN: 0-89526-013-1
refer back to article 2. Mark R. Cohen, Under Crescent and Cross: The Jews in the Middle Ages, xix. ISBN 069101082X, 9780691010823, p.xxi-xxiii
refer back to article 3. Ibid., p.195
refer back to article 4. Spencer, p.51
refer back to article 5. Ibid., p.47
refer back to article 6. William L. Cleveland, A History of the Modern Middle East, p.83. ISBN: 0-8133-3489-6
refer back to article 7. Ibid., p. 83
refer back to article 8. William Brown, Ordering the International: History, Change, and Transformation, pp.273-275. ISBN: 0745321372, 9780745321370
refer back to article 9. Caeser E. Farah, Islam: Beliefs and Observances, p.243. ISBN: 0764122266, 9780764122262
refer back to article 10. Vincent J. Cornell, Voices of Islam, p.xvii. ISBN: 027598737X, 9780275987374
refer back to article 11. Ibid., p.xviii
refer back to article 12. Cleveland, p.125
refer back to article 13. Bruce Masters, Christians and Jews in the Ottoman Arab World, pp.175-176, ISBN: 0521005825, 9780521005821
refer back to article 14. Ibid.
refer back to article 15. Francis E. Peters, The Monotheists: Jews, Christians, and Muslims in Conflict and Competition, p.273. ISBN: 069112373X, 9780691123738
refer back to article 16. S.A. Rizvi, The Life of the Prophet Muhammad, Chapter 16. ISBN: ISBN 0-9702125-0-X
refer back to article 17. Moshe Gil, A History of Palestine, p.28. ISBN: 0521599849, 9780521599849
refer back to article 18. Cleveland, p.125