Zacour, N. P.; Hazard, H. W. (ed.) / The impact of the Crusades on Europe
I: The Legal and Political Theory of the Crusade, pp. 3-38 PDF (14.2 MB)
Ch. I THE LEGAL AND POLITICAL THEORY OF THE CRUSADE 35 pay an exorbitant tribute. The two laws resembled each other in limiting strictly any public celebration of the religion of the other, and the erection of places of worship. On the other hand, Christians under Islamic rule were not subjected to compulsory preaching of the dominant religion, as happened in the reverse case. Jihãd might be declared against Moslem heretics and rebels, so that if, as the popes claimed, Moslems "judaized" in declaring pork unclean, the popes themselves "islamicized" in declaring a crusade against heretics (such as the Albigensians) or against those who rebelled against their authority (the most distinguished of whom was the emperor Frederick II). Differences of detail are fewer than points of resemblance, and in any case do not obscure the close similarity of general outline.61 Besides the uncanny resemblances in many details, there is an overall consonance between Moslem and Christian ideas of holy war. The idea of jihdd as spiritual struggle is much to the fore of the minds of modern Moslem theologians, and in the modern world Christians speak loosely of any good endeavor of any magnitude as a "crusade". The concept of jihdd has not loosened quite to the same extent in Islam, but it is certainly used to define what Christians still call a "just war". It is as a theology of just war that the two ideas come closest. Even the requirement of using right means (modus debitus) which developed rather later in Christendom, and the idea of double effect which permits the incidental death of the innocent, are parallel to Islamic rules. We have seen that the crusade from its inception was considered the just war par excellence, the war which would end all other kinds of war, though in fact in time it led on to an infinite number of "just wars" and crusades for this and that alleged good end. Here we return to the starting point. Both jihãd and crusade were designed to lead to that state of perfect peace where the world is under the rule of true religion, and the conversion of a barely tolerated remnant is imminent. It is extremely unlikely that there was an actual Islamic influence on the Christian canons. There is no vestige or echo of specific knowledge of the Islamic law of jihãd in any medieval writing; still less are there specific references to it, translations, questions, or discussions. In writing theology and even history there is no reticence about the use of Moslem sources, and this silence makes it certain that there was no explicit influence of Moslem jurisprudence. References do occur 61. Cf. Encyclopedia of Isldm, vol. I (Leyden, 1908), rev. ed., vol. II (Leyden, 1965), s.v. "djiMd"; Majid Khadduri, War and Peace in the Law of Islam (Baltimore, 1955).
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