Q: Some people say that a person who does not enter Islam is considered a free man whom we should not force to accept it. They support their claim by what Allah (Exalted be He) says:
So, will you (O Muhammad ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) then compel mankind, until they become believers.
There is no compulsion in religion.
What is your opinion on this claim?
A: Scholars state that these two noble Ayahs (Qur'anic verses) and similar Ayahs are revealed regarding the people who pay Jizyah (poll tax required from nonMuslims living in an Islamic state), such as the Jews, Christians and Magi. Those people should not be forced to embrace Islam; they should be given the choice either to embrace Islam or pay the Jizyah. Some scholars held that this ruling was enforced during the early days of Islam, but later on it was abrogated by Allah's command to fight and perform Jihad. According to this opinion, a nonMuslim who refuses to embrace Islam must be fought until he either embraces Islam or pays the Jizyah if he meets its conditions. Thus, it is obligatory to oblige the disbelievers to accept Islam, if they are not among those who pay the Jizyah because their conversion to Islam brings about their happiness and salvation in the worldly life and the Hereafter. Obliging man to adhere to the truth in which their guidance and happiness lie is better for them than remaining on falsehood, just as man is forced to fulfill the duties he owes to another person even if by jail or beating.
Forcing the disbelievers to believe in the Oneness of Allah and embrace Islam is more preferable and appealing, because it brings about their happiness in this life and the life to come unless they belong to the People of the Book, such as the Jews, the Christians, or the Magi. Islam ordains that these three groups should be given the option to either embrace Islam or pay Jizyah with willing submission and feel themselves subdued.
A group of scholars are of the opinion that the same rule is equally applied to all nonMuslims i.e. they are free to choose Islam or not, but the preponderant opinion is that this ruling applies only to the three groups. That is because the Messenger (peace be upon him) fought the disbelievers inhabiting the Arabian Peninsula and did not accept anything from them except Islam. Allah (Exalted be He) says:
Then when the Sacred Months (the 1st, 7th, 11th, and 12th months of the Islâmic calendar) have passed, then kill the Mushrikûn (See V.2:105) wherever you find them, and capture them and besiege them, and lie in wait for them in each and every ambush. But if they repent and perform AsSalât (IqâmatasSalât), and give Zakât, then leave their way free. Verily, Allâh is OftForgiving, Most Merciful.
Allah does not say "or if they paid Jizyah..." Therefore, the Jews,
Christians and the Magi should be requested to embrace Islam. If they refuse, they should pay the Jizyah. If they refuse to pay the Jizyah, it is obligatory on Muslims to fight them, if they are able to. Allah (Glorified and Exalted be He) says:
Fight against those who (1) believe not in Allâh, (2) nor in the Last Day, (3) nor forbid that which has been forbidden by Allâh and His Messenger Muhammad (ﺻﻠﻰ ﺍﷲ ﻋﻠﻴﻪ ﻭﺳﻠﻢ) and those who acknowledge not the religion of truth (i.e. Islâm) among the people of the Scripture (Jews and Christians), until they pay the Jizyah with willing submission, and feel themselves subdued.
Also, it is authentically reported that the Prophet (peace be upon him) collected Jizyah from the Magi
It was not authentically reported that the Prophet (peace be upon him) or his Companions (may Allah be pleased with them) collected Jizyah from anyone other than the three groups mentioned above. The evidence on this is what Allah (Exalted be He) says:
And fight them until there is no more Fitnah (disbelief and polytheism, i.e. worshipping others besides Allâh) and the religion (worship) will all be for Allâh Alone [in the whole of the world].
Then when the Sacred Months (the 1st, 7th, 11th, and 12th months of the Islâmic calendar) have passed, then kill the Mushrikûn (See V.2:105) wherever you find them, and capture them and besiege them, and lie in wait for them in each and every ambush. But if they repent and perform AsSalât (IqâmatasSalât), and give Zakât, then leave their way free. Verily, Allâh is Oft Forgiving, Most Merciful.
This Ayah (Qur'anic verse) is called the Ayah of the Sword.
This Ayah and similar Ayahs abrogated the ones stating that there is no compulsion in accepting Islam. Allah is the Granter of success.