What is the legal status of an apostate who flees to the land of war (Dar al-Harb)?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
The ruling concerning an apostate who joins the land of war is the same as the ruling for someone residing in the land of Islam regarding personal status. However, any property the apostate possesses with him in Dar al-Harb becomes permissible for whomever seizes it, just as his blood becomes permissible. His property and possessions located within Dar al-Islam remain under his ownership, and the ruler may administer them according to what serves the public interest (maslaha). The evidence is that his property in Dar al-Islam remains under the protection of the covenant (asima), similar to the property of an enemy combatant (Harbi) who has an agent (mudharib) or custodian in Dar al-Islam.
Supporting text
Abu Hanifa holds that the apostate's property in Dar al-Islam should be inherited as if he were deceased, because he is considered in the legal ruling of the dead, evidenced by his blood and his possessions abroad being permissible to anyone who seizes them.