What is the legal status of a protected person (Dhimmi) who flees from the Muslim lands to the land of war, thereby breaking the covenant?
General Chapter
Al-Mughni
Book of Jizya
Primary text
A protected person who escapes to the land of war, thereby violating the covenant, assumes the legal status of an enemy combatant (Harbi). Whether male or female, once apprehended, all actions permissible against an enemy combatant become permissible against them, including killing, enslavement, and confiscation of property.
Supporting text
If the Dhimmi flees with his family and offspring, only the adults among them are subject to the rulings applicable to enemy combatants. The enslavement of the offspring is not permissible because the violation of the covenant originated only from the adults, not the minors.