whether the Muslim is free, enslaved, or a woman; so long as he or she has reached maturity and is of sound mind, the safe-conduct he or she grants is valid. Some have maintained that a woman’s safe-conduct is not valid unless the imam confirms it—a view held only by ʿAbd al-Malik—whereas the first opinion is that of Malik and the majority of the scholars, whose reasoning we have set out in al-Tamhid. A safe-conduct issued by a non-Muslim is not valid.
Whoever kills a non-Muslim after safe-conduct has been granted owes the blood-money if the killer is a Muslim; but if the killer is himself a non-Muslim and intentionally committed the murder, he is put to death in retaliation.
Anyone from the enemy who seeks safe-conduct with the intention of becoming a dhimmī and paying the jizya is to be granted it. Every envoy who requests safe-conduct is likewise granted it, as is anyone who seeks refuge in order to hear the word of Allah; he is kept secure until he has learned what we have to offer and then escorted back to his place of safety.
Should the imam be compelled to conclude a truce with hostile unbelievers, he may do so whenever he deems it to serve the Muslims’ best interests. For example, if he is besieging a fortress whose defenders clearly can hold out, making its capture impossible and an extended siege unfeasible, and they offer him something in return for lifting the siege and departing, that is permissible, for he will have obtained from his enemy what he could not reasonably hope to gain otherwise.
In circumstances other than this he should accept nothing from them except the jizya, which they must pay personally and in humility so that they become people of dhimma; otherwise, warfare continues. When they are manifestly strong and their authority is entrenched, a truce is not permissible unless the Muslims are incapable of resisting them. Similarly, if the imam fears that by engaging in combat on one front another front will be overrun, it is lawful for him to conclude a truce with that sector—Allah knows best.
It is recommended that the term of any truce not exceed four months, except when necessity demands a longer period.