Fawzaan Islamic Jurispridence Vol 1 - Al Quran wa Sunnah [Home ...

• It is ~nnissible for th~ ruler to ~gree to a truce with the disbelievers tostop fighting for a specific period if this serves the intere.t. of Muslim"and only when it is p"rmissibl e to delay jil,dd due to th e weaknessof Muslims. The Proph~t (PBUH) agreed to 3 peace treaty with thedisb.!ievers (of Mecca) at Al-Hudaybiyah Peace Treaty,'" and made apeau treaty with the Jews in Medina. However, it i, impermissible forthe ruler to agree 10" truce with the di.,believers when Muslims arestrong and able to fight.• If the ruler fears that the disbeliewrs may breach the truce, he is permittedto terminate the truce, provided that he informs them thereof beforefighting. Allah, Exalted be He, says:«if you {hav£ reason tal fellr frm., .. people lutrayal, throw (Iheirtreaty] back to them, {puttingyo u/ on equal term •. Indeed, Allahd.,.,. nallike tralton." (Qur'an: AI-A nml: 58)Thus, Allah commanded the Prophet (PBUH) to inform the disbeliev.er, of his termination of the truce.• It is permissible for the ruler to agr~ to a covenant of protectionwith the People of the Scriptme (i ,e. the Christian, and the Jews)and the Magi, granting them freedom of religion. provided thatthey give the jizyall" and adhue to the Islamic laws. Allah, Exaltedbe He, says:"Fight Ih()$e who do not lulitw in AI/air or in t/,e La.t Oay andwho do not consider unlawful what Allah "nd His Messengerhav~ made unl"wful and who do no/ adopl the religion oftrllth(i.e, Islam/ from those who were given tht Scrip/lire· [fig"t/nlI/IJ Ihey give the jizyah willingly while they are humbled."(Qur'an: AFfawbah: ,9)The money taken from the O";II1111;S " onCe a year as jizyalr, whilethey are humbled. is to allow them to stay in an Islamic state (withoutfighting them).• The jizyah is not to be taken from a child, a woman, or an insane person,noris it to be taken from a man infected with a chronic disease, a blindman, an old man, or a needy who cannot afford it.• So long as the Dhl",mi, gi"" the jizyah, it is obligatory for the rulerto accept it. not to fight them, and to defend them against allackers.Allah, Exalted be He, says,