What governs the status of pre-existing places of worship in lands conquered by treaty (sulh)?
General Chapter
Al-Mughni
Book of Jizya
Primary text
If the treaty stipulates that the land remains theirs but they owe tribute (kharaj) to Muslims, they are permitted to establish what they need, as the domicile remains theirs. If the treaty stipulates that the domicile belongs to Muslims in exchange for Jizya, the ruling on synagogues and churches is determined by the specific terms of the treaty regarding their establishment and maintenance. If the treaty is silent or general, it is interpreted according to the conditions set by Umar ibn al-Khattab, specifically those detailed in the document of Abd al-Rahman ibn Ghanm, which include prohibiting the construction of new churches, synagogues, monastic cells, or hermitages. Those who entered into a covenant of protection (dhimma) under Umar are bound by all stipulated conditions.
Supporting text
If a treaty is concluded absolutely without specific conditions, it is defaulted to the stipulations of Umar's treaty, and the inhabitants are bound by those conditions.