What is the ruling regarding pre-existing non-Muslim places of worship in lands conquered by force (anwah)?
General Chapter
Al-Mughni
Book of Jizya
Primary text
In lands conquered by force, establishing new places of worship is forbidden because these lands become the property of the Muslims. Regarding existing structures, there are two opinions. One view mandates their demolition and prohibits their continued existence, treating these lands like those originally founded by Muslims. The second view permits their existence, citing the narration from Ibn Abbas: 'If a city settled by non-Arabs is conquered by the Arabs, the non-Arabs retain what they possessed under their covenant.' Furthermore, the Companions conquered many lands without demolishing existing churches, indicating tacit approval. The continued presence of churches and synagogues in conquered lands affirms this permissibility. Umar ibn Abd al-Aziz commanded his governors not to demolish any church, synagogue, or fire temple. Consensus (Ijma) supports this, as these structures remain in Muslim lands without objection.
Supporting text
The prevailing view permits the continuation of pre-existing structures in lands conquered by force, evidenced by the practices of the Companions and the command of Umar ibn Abd al-Aziz.