What is the ruling regarding an existing treaty of Dhimma when a new Imam takes office?
General Chapter
Al-Mughni
Book of Jizya
Primary text
If the previous Imam died or was deposed and a successor takes over, the successor must uphold the existing Dhimma contract if its terms are known and valid. This is supported by the practice of Caliphs upholding the contract established by 'Umar, and because the Dhimma contract is considered perpetual. If the existing contract was invalid, the new Imam must rectify it toward validity. If the terms are unknown, the contract stands if two Muslims testify to it, or if the situation is generally well-known. If there is uncertainty, the Imam may question them. If they claim a treaty involving an acceptable form of Jizyah, their assertion is accepted and acted upon. The Imam may administer an oath for confirmation. If it later becomes apparent that the protected party (Ahl al-Dhimma) violated a condition, the Imam may reclaim what was violated.
Supporting text
If they claim to pay a specific amount as Jizyah and a specific amount as gifts ('hadiyyah'), a single oath is administered to them because the evident nature of what they pay is Jizyah. Abu al-Khattab preferred that if the terms of the original covenant are unknown, the contract must be newly established, treating the previous contract as non-existent since its validity is unproven to the current Imam.