Must a repentant apostate who committed theft or injury while an unbeliever in Dar al-Harb make recompense for the violation of individual rights?

General Chapter

Al-Mughni

Book of the Apostate

Book 50 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the apostate commits an act involving the rights of another person, such as bodily harm or theft, while in Dar al-Islam, he remains liable for restitution upon his return to Islam, as his commitment to Islamic law was established by his prior acknowledgment, and this commitment is not nullified by his subsequent rejection. This liability is similar to that which one owes a judge; admitting to it before a judge establishes the debt, and denying it afterward does not erase it.

Supporting text

The correct view holds that he is not responsible for actions he commits after joining Dar al-Harb or joining a faction with defensive strength. However, for actions committed before that point in Dar al-Islam involving individual rights (life or property), restitution is mandatory because the law of the land applied to him then, just as it applies to a Dhimmi or Musta'min.