What is the legal effect of incorporating an invalid condition into the Dhimma contract?
General Chapter
Al-Mughni
Book of Jizya
Primary text
If an invalid condition is stipulated in the Dhimma contract, such as stipulating no Jizya, the public performance of evil deeds, settling them in Hijaz, or allowing them entry into the Sacred Sanctuaries, Al-Qadi ruled that the entire contract is nullified because it involves stipulating a prohibited act, similar to stipulating fighting Muslims. This view is held by Malik, the companions of Abu Hanifa, Al-Shafi'i, and Abu Thawr, and Ibn al-Mundhir states he knows of no disagreement regarding this.
Supporting text
An alternative view suggests that only the invalid condition is nullified, but the contract remains valid, following the ruling on void conditions in sales and partnerships. The evidence supporting the validity of the contract despite some invalid conditions is the instruction of 'Umar to the provincial commanders to impose Jizya only on those who have reached maturity, evidenced by the Prophet's saying to Mu'adh to 'Take one Dinar from every one who has reached puberty.' This is because blood money is taken to protect life, and their lives are already protected without it.