Pact of Umar

The Pact of Umar (also known as the Covenant of Umar, Treaty of Umar or Laws of Umar; Arabic: شروط عمر or عهد عمر or عقد عمر) is a treaty between the Muslims and non-Muslims who were conquered by Umar during his conquest of the Levant (Syria and Lebanon) in the year 637 CE that later gained a canonical status in Islamic jurisprudence. It specifies rights and restrictions for dhimmis, or "protected persons," a type of protected class of non-Muslim peoples recognised by Islam which includes Jews, Christians, Zoroastrians, and several other recognized faiths living under Islamic rule.

There are several versions of the pact, differing both in structure and stipulations. While the pact is traditionally attributed to the second Rashidun Caliph Umar ibn Khattab, other jurists and orientalists have questioned this attribution with the treaty being instead attributed to 9th century Mujtahids (Islamic scholars) or the Umayyad Caliph Umar II. In general, the pact contains a list of restrictions on non-Muslims (dhimmis).

Western scholars' opinions differ on the origins and authenticity of the Pact of Umar. Anver M. Emon observes that "there is intense discussion in the secondary literature" on whether the text dates from the reign of Umar b. al-Khattab (Umar I) or was "a later invention retroactively associated with Umar … to endow the contract of dhimma with greater normative weight." Some historians consider the text a compilation that developed over several centuries. Bernard Lewis noted that while Muslim historiographical tradition attributes the regulations to Umar I, the document itself "can hardly be authentic".

The structure of the text is distinctive. It appears in the form of a petition from non-Muslims to Muslim authorities, promising submission in exchange for protection. A. S. Tritton reproduced several versions in Caliphs and Their Non-Muslim Subjects, each beginning with a request for safety "on these conditions" and ending with a pledge of acceptance of the terms. Mark R. Cohen compared the format to other medieval treaties, describing it as "a kind of petition from the losers promising submission in return for a decree of protection."

Different versions of the text identify different addressees. Some are directed to Umar, while others address Muslim generals, such as Abu Ubayda. Cohen notes that, although the Pact attributed to Umar I, "no text of the document can be dated earlier than the tenth or eleventh century." Lewis similarly suggested that some measures associated with the Pact may originally have been introduced under the Umayyad caliph Umar II (r. 717–720).

Several scholars have argued that elements of the text reflect later historical developments. Norman Stillman wrote that "many of the provisions and restrictions of the pact were only elaborated with the passage of time," with some provisions linked to the early conquests and others added later as Muslims settled more permanently. Tritton regarded the Pact as a later construction, citing its absence from other early treaties, while Daniel C. Dennett argued that the version preserved by al-Tabari could represent an authentic early agreement. Abraham P. Bloch maintained that Umar I was a tolerant ruler and that his name was "erroneously associated … with the restrictive Covenant of Omar." Thomas Walker Arnold wrote that the Pact was "in harmony [with Umar’s] kindly consideration for his subjects of another faith," but added that later generations attributed to him additional restrictions.

There are several different versions of the pact that differ both in their language and stipulations.

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