The effect of violating the stipulated conditions in a peace treaty.
General Chapter
Al-Mughni
Book of Jizya
Primary text
If they violate any of the stipulated conditions after accepting the treaty, the apparent reading of the jurisprudence suggests the covenant is nullified. This is based on their agreement that violation permits Muslims to treat them as hostile adversaries. The covenant is a contract based on conditions; thus, when the condition is unmet, the contract's ruling ceases, analogous to refusing to adhere to the requirements of the covenant.
Supporting text
Al-Qadi and Al-Sharif Abu Ja'far specified that conditions that nullify the covenant are eleven in number, including refusing to pay Jizya, resisting the application of Islamic rulings when judged by a Muslim judge, gathering to fight Muslims, committing fornication with a Muslim woman not under a valid marriage contract, turning a Muslim apostate, ambushing and killing a Muslim, sheltering a hostile spy, aiding enemies by revealing Muslim vulnerabilities or corresponding with them, and speaking ill of Allah, His Book, His Religion, or His Messenger. The first two points (refusal of Jizya and resistance to judicial rulings) nullify the covenant without dispute in the madhhab, which aligns with the view of Al-Shafi'i.