'People of the Book,' Jews and Christians are protected under Islamic law
This argument is rooted in the traditional concept of the "dhimma" ("writ of protection"), which was extended by Muslim conquerors to Christians and Jews in exchange for their subordination to the Muslims. Yet, as French authority Jacques Ellul has observed: "One must ask: 'protected against whom?' When this 'stranger' lives in Islamic countries, the answer can only be: against the Muslims themselves."
Peoples subjected to Muslim rule usually had a choice between death and conversion, but Jews and Christians, who adhered to the Scriptures, were allowed as dhimmis (protected persons) to practice their faith. This"protection" did little, however, to insure that Jews and Christians were treated well by the Muslims. On the contrary, an integral aspect of the dhimma was that, being an infidel, he had to acknowledge openly the superiority of the true believer-the Muslim.
In the early years of the Islamic conquest, the "tribute" (or jizya), paid as a yearly poll tax, symbolized the subordination of the dhimmi. Later, the inferior status of Jews and Christians was reinforced through a series of regulations that governed the behavior of the dhimmi. Dhimmis, on pain of death, were forbidden to mock or criticize the Koran, Islam or Muhammad, to proselytize among Muslims, or to touch a Muslim woman (though a Muslim man could take a non-Muslim as a wife).
Dhimmis were excluded from public office and armed service, and were forbidden to bear arms. They were not allowed to ride horses or camels, to build synagogues or churches taller than mosques, to construct houses higher than those of Muslims or to drink wine in public. They were forced to wear distinctive clothing and were not allowed to pray or mourn in loud voices-as that might offend the Muslims. The dhimmi had to show public deference toward Muslims- always yielding them the center of the road. The dhimmi was not allowed to give evidence in court against a Muslim, and his oath was unacceptable in an Islamic court. To defend himself, the dhimmi would have to purchase Muslim witnesses at great expense. This left the dhimmi with little legal recourse when harmed by a Muslim.
By the twentieth century, the status of the dhimmi in Muslim lands had not sigificantly improved. H.E.W. Young, British Vice Consul in Mosul, wrote in 1909:
The attitude of the Muslims toward the Christians and the Jews is that of a master towards slaves, whom he treats with a certain lordly tolerance so long as they keep their place. Any sign of pretension to equality is promptly repressed.