Does an unwilling declaration of Islam by a Dhimmi or Musta'min under compulsion establish the legal status of Islam for them?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
The legal status of Islam is not established for a Dhimmi or Musta'min who is forced to accept Islam, unless they subsequently demonstrate acceptance voluntarily after the compulsion is removed. If such a person dies before demonstrating willing acceptance, their ruling remains that of an unbeliever. This view is held by Abu Hanifa and Al-Shafi'i. The evidence against compulsion is the saying of Allah: "There shall be no compulsion in [acceptance of] the religion" (Quran 2:256). Furthermore, there is consensus among the scholars that the covenant with a Dhimmi who adheres to their agreement, and a Musta'min, cannot be broken, nor can they be compelled to accept something they have not committed to. Compulsion in this context invalidates the resulting declaration, similar to a confession or manumission made under duress.
Supporting text
Muhammad ibn al-Hasan holds that, outwardly, such a person becomes a Muslim. If they subsequently revert, they are to be killed if they refuse Islam, based on the general command: "I have been commanded to fight the people until they say, 'There is no god but Allah.' When they say it, their lives and wealth are protected from me except by their right." Because they uttered the statement of truth, the ruling applies, just as with a hostile combatant forced into the declaration.