What is the legal implication of accepting a 'semblance of a book' (Shubhah Kitab) for the Magians?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The Magians possess a semblance of a Book, and this semblance stands in place of the reality concerning matters requiring precaution. Therefore, their blood is protected, meaning they are not to be killed without invitation or offer of Jizyah. However, the permissibility of their women and slaughtered animals is not established, as lawful status is not confirmed merely by a semblance. Since the semblance necessitates the prohibition of their blood, it consequently necessitates the prohibition of their slaughtered animals and women for the sake of strengthening the prohibition across all relevant legal domains over permissibility.
Supporting text
The jurists who hold that Jizyah is accepted from the Magians due to this semblance do not agree that they are permitted to remain in their religion merely through subjugation (istiraq), as claimed by proponents of the view that Jizyah is accepted from all except Arab idol worshippers.