Is it permissible to unilaterally abrogate the covenant with the People of the Book if there is only a fear of them breaking the covenant?

General Chapter

Al-Mughni

Book of Jizya

Book 55 · Issue 2 · Bab 1

Open in Qurani

Primary text

It is not permissible to unilaterally abrogate the covenant (Dhimma) with the People of the Book if there is only a fear of them breaking it. This is because the covenant of Dhimma is a right established for them, evidenced by the necessity for the Imam to fulfill their requests regarding it. This differs from the covenant of security (Aman) or truce (Hudna), which are established for the benefit of the Muslims.

Supporting text

The covenant of Dhimma is considered more binding because it is perpetual and constitutes an exchange (mu'awada). Consequently, if some people of Dhimma breach the covenant while others remain silent, their silence is not considered a breach, unlike in the case of a truce (Hudna) where silence might be interpreted as a breach.