However, scholars largely agree that early Muslim rulers adapted existing systems of taxation and tribute that were established under previous rulers of the conquered lands, such as those of the Byzantine and Sasanian empires.
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Therefore, we now return to you what we have taken from you, and we will abide by the stipulation and what has been written down, if God grants us victory over them."’ and the Christians called down blessings on the heads of the Muslims, saying, "May God give you rule over us again and make you victorious over the Romans; had it been they, they would not have given us back anything, but would have taken all that remained with us." Moreover, the Christian tribe of al-Jurajima, in the neighborhood of Antioch, made peace with the Muslims, promising to be their allies and fight on their side in battle, on condition that they should not be called upon to pay jizya and should receive their proper share of the booty.
Thus, the Shafi'i scholar al-Khaṭīb ash-Shirbīniy states: "Military service is not obligatory for non-Muslims – especially for dhimmis since they give jizya so that we protect and defend them, and not so that he defends us." In the case of war, jizya is seen as an option to end hostilities.
Muhammad Abdel-Haleem argues against this translation, preferring instead to render dīna’l-ḥaqq as "rule of justice".
The main meaning of the Arabic dāna is ‘he obeyed’, and one of the many meanings of dīn is ‘behaviour’ (al-sīra wa’l-ʿāda).
by breaking their agreement and refusing to pay what is due. Until they pay jizya with their own hands (ḥattā yu‘ṭū-l-jizyata ‘an yadin).
Here ʿan yad (from/for/at hand), is interpreted by some to mean that they should pay directly, without intermediary and without delay.
Abu ʿUbaydah then wrote to the governors of the cities with whom pacts had been concluded that they must return the sums collected from jizya and kharāj and say to their subjects: "We return to you your money because we have been informed that troops are being raised against us.
In our agreement you stipulated that we protect you, but we are unable to do so.
The Maliki scholar Al-Qurtubi writes that, "there is a consensus amongst Islamic scholars that jizya is to be taken only from heads of free men past puberty, who are the ones fighting, but not from women, the children, the slaves, the insane, and the dying old." The 14th century Hanbali scholar Ibn Qayyim wrote, "And there is no Jizya upon the aged, one suffering from chronic disease, the blind, and the patient who has no hope of recovery and has despaired of his health, even if they have enough." Ibn Qayyim adds, referring to the four Sunni maddhabs: "There is no Jizya on the kids, women and the insane.