Awf al-A'rabi said: Umar bin Abd al-Aziz (may Allah have mercy on him) wrote to Adi bin Artah: Ask al-Hasan bin Abi al-Hasan what prevented the Imams before us from separating the Magians from (the marriages with) their women of close kinship? So Adi asked al-Hasan, and he replied that the Prophet (peace and blessings be upon him) had taken the jizyah from the Magians of Bahrain and allowed them to remain upon their religion, and the governor of the Prophet (peace and blessings be upon him) over Bahrain was al-Ala' bin al-Hadrami (may Allah be pleased with him); and after the Prophet (peace and blessings be upon him), Abu Bakr, Umar and Uthman (may Allah be pleased with them) also kept them in the same way.
The Shaykh said: This indicates that when they bring their case to us, we then judge according to the Qur'an; and a report is transmitted from Sayyiduna Ibn Abbas (may Allah be pleased with them both) about the abrogation of the verse of choice.
Hadith Referenceالسنن الكبرى للبيهقي / كتاب الحدود / 17124