Malik was asked whether, when an imam had accepted jizya from apeople and they gave it, he thought that the land of one of them whosurrendered belonged to him or whether his land and property belongedto the Muslims. Malik said, "That varies. As for the people of peace,if one of them surrenders, then he is entitled to his land andproperty. As for the people of force who use force, if one of themsurrenders, his land and property belong to the Muslims because thepeople of force are overcome in their towns, and it becomes booty forthe Muslims. As for the people of peace, their property and selves areprotected so that they make peace for them. Only what they have madepeace for is obliged of them."
USC-MSA web (English) reference: Book 21, Hadith 49