Is it permissible to establish new churches, synagogues, or places of worship in Muslim-established cities?

General Chapter

Al-Mughni

Book of Jizya

Book 55 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is forbidden to establish new churches (kanisah), synagogues (bay'a), or assembly places for their prayers in cities established by Muslims, such as Basra, Kufa, Baghdad, and Wasit. A treaty agreeing to this is invalid. This is supported by the narration from Ibn Abbas, relayed by Ikrimah, stating that in any city settled by Arabs, non-Arabs may not build a synagogue, ring a bell, drink wine, or keep pigs. This ruling is based on the principle that such lands are the property of Muslims, and structures promoting disbelief (kufr) cannot be erected therein. Existing churches and synagogues in these cities, like the Church of the Romans in Baghdad, were preserved because they were located in the villages of the Dhimmis (protected non-Muslim subjects) and were thus allowed to remain as they were.