What is the legal status of inhabitants who accept Islam before or after the ruling of the arbitrator?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 7 · Bab 1

Open in Qurani

Primary text

If they accept Islam before the judgment is passed upon them, their lives and property are secured because they accepted Islam while free. If they accept Islam after a judgment of execution has been passed, the execution is dropped because Islam preserves one's life, and enslavement is not permitted since they embraced Islam before enslavement. Abu Al-Khattab suggested enslavement might be permissible, akin to accepting Islam after being captured, and the ruling concerning property stands.

Supporting text

If the ruling determined the property belonged to the Muslims, it becomes spoils of war (*ghanima*) because it was taken by force during the siege.