Status of protected non-Muslim subjects (Ahl al-Dhimma) who aid rebels (Ahl al-Baghy) in combat
General Chapter
Al-Mughni
Book of Fighting Rebellious Groups
Primary text
There are two differing views concerning Dhimmi subjects who aid the rebels in fighting. The first view states that their covenant is nullified because they fought the party of truth, similar to if they fought independently. The second view maintains that their covenant is not nullified, as the Ahl al-Dhimma are considered to have a misconception (shubha) because they cannot distinguish between the rightful party and the oppressor. If their covenant is nullified, they are treated as people of war. If their covenant is not nullified, their ruling follows that of the rebels: those who willingly engage in combat are to be killed, while those who retreat, are wounded, or flee are spared execution. Furthermore, Dhimmi subjects are liable to compensate for any damage they inflict upon the forces of justice during or outside of combat, unlike the rebels who are exempt from liability for damages caused during the war due to their perceived valid legal interpretation (ta'wil).
Supporting text
If the rebels coerced the Dhimmi subjects into aiding them, their covenant is not breached, and their claim of coercion is accepted because they were under the power and control of the rebels. If the Dhimmi claim they aided because they believed they were obligated to assist whomever a Muslim sought aid from, their covenant is not breached. The distinction between Dhimmi and Musta'minun is that the Dhimmi covenant is perpetual, cannot be broken due to fear of treachery, and the Imam is bound to defend them, which is not the case for the Musta'minun.