What are the conditions for establishing a perpetual peace treaty (Dhimma Mu'abbada)?
General Chapter
Al-Mughni
Book of Jizya
Primary text
The establishment of a perpetual peace treaty is permissible only under two conditions. First, the non-Muslim parties must commit to paying the Jizyah (poll tax) every year. Second, they must commit to accepting the rulings of Islam, which entails agreeing to adhere to the obligations and prohibitions judged upon them. The evidence for this is the statement of Allah: "Until they pay the Jizyah out of hand while they are humbled" (Quran 9:29). Furthermore, the Prophet (peace be upon him) stated regarding Buraydah: "Summon them to pay the Jizyah; if they agree, accept it from them and refrain from fighting them." The actual payment or the enforcement of rulings is not considered a prerequisite for the validity of the agreement at its inception, as the payment occurs at the end of the year while the cessation of fighting occurs at the beginning upon their commitment.