Islamic Law: Dhimma's Origin

The Islamic Law of the Dhimma is conventionally viewed among Muslims as the proper legal framework for the presence of non-Muslims within an Islamic Society. It provides the legal rights and restrictions on the "People of the Book," primarily Jews and Christians living under Islamic rule. Under this view, the law can be traced to the lifetime of the prophet of Islam,Muhammad. This view, though typical, does not accord with the currently available historicalevidence. the study of the history of Islamic Law is limited in the Western tradition of learning. Among the scholars studying the discipline, Ignaz Goldziher (1850-1921),1 Joseph Schact (1902- 1969),2 Wael Hallaq (b. 1955),3 Ahmad El-Shamsy (b. 1974),4 and John Esposito (b. 1940),5 are among the few to attempt a historical account. None of these scholars wrote on the specifics ofthe creation of the Law of the Dhimma.