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The question

- Was the Prophet's document upon his arrival in Medina in his capacity as a Prophet-legislator or a head of state, and what are the consequent rulings thereof? - Is the Umarian Covenant a consensus on a changeable interest that may be violated, or an inviolable consensus? And is it explicit or tacit? Are the harsh rulings against the People of the Book contained therein obligatory to implement if the Caliphate returns? And were these matters written by the People of the Book themselves, or did Omar impose them upon them? And what is meant by "until they give the Jizyah willingly while being subdued"? - How do we respond to those who say that the People of the Book should not be prevented from propagating their religions in Islamic lands, and that ideas should only be countered with ideas?

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Source: FtawySummarized from the full answer at Ftawy · reviewed Sep 2, 20261 min readAlso available in العربية
The answer

The actions of the Prophet, peace and blessings be upon him, are divided into: those in his capacity as a Messenger, which are binding upon the Ummah; and those in his capacity as an Imam (leader), a judge, or a Mufti (giver of religious verdicts), which serve as an example for anyone in a similar situation and position. Accordingly, the Prophet's document with the Jews of Madinah, and Umar's covenant with the people of Jerusalem, are actions taken in the capacity of leadership and managing public interests. It is permissible for rulers to conclude similar agreements with appropriate conditions that serve the public interest.

The 'Umarite Conditions were subject to the consensus and acceptance of scholars. The consensus here is on their permissibility, not their necessity. Therefore, it is permissible for rulers to add to them or subtract from them according to what serves the public interest, while preserving the clauses established by binding evidence.

The conditions of the Jizya contract are divided into: 1. Required conditions (binding without being stipulated), such as not slandering Islam or harming Muslims. 2. Recommended conditions (not binding unless stipulated), such as changing appearances and not raising buildings above those of Muslims.

The verse: ("until they give the Jizyah willingly while they are humbled") is interpreted to mean that their 'humiliation' is their adherence to the rulings of the religion imposed upon them and their payment of the Jizyah. What might be perceived as harsh rulings on the People of the Book is, in reality, a mercy to them, as it paves the way for their entry into Islam. Among the essential conditions in the Dhimma contract is not to tempt a Muslim away from his religion or to interfere with his property.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

Read the full answer on Ftawy