1. Who are the Ahl-ul-Harb (people of war) from whom the giving of the Jizyah is accepted with the meaning of convening the 'Aqd of Dhimmah with them and the cessation of the state of war with them following on from that? There are a number of points of view amongst the Fuqahaa in regards to whom from the disbelievers it is permitted to contract the 'Aqd of Dhimmah with and we will summarise the most significant of these views as follows: 1) The Hanafi Madh'hab The following came within the text of 'Tuhfat-ul-Fuqahaa': "The taking of the Jizyah and the contract of the Dhimmah is legitimate in respect to all of the disbelievers except for the apostates from the Arab Mushrikeen as the Jizyah is not accepted from them" (Tuhfat-ul-Fuqahaa, As-Samarqandiy 526/3. Refer to Badaa'i As-Sanaa'i 110-111/7, Fat'h-ul-Qadeer 49/6 and the Haashiyah of Ibn 'Aabideen 414/3). 2) The Maaliki Madh'hab, Al-Awzaa'iy and the Fuqahaa of Ash
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