"Jihad is a precept of Divine institution. Its performance by certain individuals may dispense others from it. We Malikis maintain that it is preferable not to begin hostilities with the enemy before having invited the latter to embrace the religion of Allah except where the enemy attacks first. They have the alternative of either converting to Islam or paying the poll tax (jizya), short of which war will be declared against them."
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Ibn Abi Zayd al-Qayrawani a 10th-century Maliki jurist: Ibn Abi Zayd al-Qayrawani, The Decline of Eastern Christianity Under Islam (English translation), Cranston, NJ, 1996, p. 295
https://en.wikiquote.org/wiki/Islamic_military_jurisprudence
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Islamic military jurisprudence
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