What is the jurisprudential view concerning someone who says that a non-Muslim is free and cannot be compelled to embrace Islam, citing as evidence the two verses: "Are you then going to compel the people until they become believers?" and "There is no compulsion in religion"?

These two noble verses, and what is similar in meaning, have been interpreted differently by scholars. Some believe they specifically apply to those from whom jizya (tribute) is taken, such as Jews, Christians, and Zoroastrians, who are given the choice between embracing Islam and paying the jizya. Others hold that they were abrogated by Allah's command to fight and strive (jihad). Thus, whoever refuses to embrace Islam must be fought, if capable, until they accept Islam, or pay jizya if they are among those from whom it is accepted.

Compelling disbelievers to embrace Islam brings them happiness and salvation, and it is more deserving and obligatory if jizya is not taken from them. As for the People of the Book and the Zoroastrians, they are given a choice between Islam or jizya. The preponderant view is that this choice is exclusive to these three groups, because the Messenger of Allah (peace be upon him) fought the disbelievers of the Arabian Peninsula and accepted nothing from them but Islam.

His (Allah's) saying, "But if they repent, establish prayer, and give zakah, then let them go on their way," does not mention paying jizya.

Jews, Christians, and Zoroastrians are called to Islam. If they refuse, then jizya. If they refuse that too, then it is obligatory to fight them if Muslims are able, due to Allah's saying: "Fight those who do not believe in Allah or in the Last Day and who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture - [fight them] until they give the jizyah willingly while they are humbled." It has been confirmed that jizya was taken from Zoroastrians, but it has not been confirmed that it was taken from any groups other than these three.

The basis for this is Allah's saying: "And fight them until there is no fitnah and [until] the religion, all of it, is for Allah," and His saying: "And when the sacred months have passed, then kill the polytheists wherever you find them." This verse abrogates the verses that prohibit compulsion in religion.