Can People of the Book and Magians be fought without prior invitation?
General Chapter
Al-Mughni
Book of Jihad
Primary text
The general ruling is that People of the Book (Jews and Christians) and the Magians should not be fought before being invited, because the call to Islam has generally reached them. However, if it is confirmed that some remote communities among them have not received the call, they must be invited to Islam before fighting commences. If they refuse Islam, they are offered Jizyah. If they refuse Jizyah, they are fought. This general application is based on the idea that the call has already spread.
Supporting text
The view that they should not be invited if the call has spread is based on the reasoning of Ahmad, who stated that the call has spread, but if there were groups behind the Romans and Turks who had not received the call, fighting them before the call would be impermissible.