What is the ruling on a Muslim apostate who commits highway robbery and murder, then joins the enemy territory (Dar al-Harb) and is subsequently captured by Muslims?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
If a man apostatizes from Islam, commits highway robbery and murder, then flees to the territory of war (Dar al-Harb) and is apprehended by Muslims, the prescribed legal punishments (Hudud) must be carried out upon him, and retribution (Qisas) must be exacted from him. This application of penalties extends to actions involving the rights of individuals, such as injury to life or property, because these acts occurred while he was still subject to the laws of the Muslim territory (Dar al-Islam). His responsibility for his crimes against individuals is fixed in the same manner as it would be for a Dhimmi or someone granted safe passage (Musta'min).
Supporting text
If the apostate commits a crime deserving of a pure penalty for the sake of Allah (such as adultery, drinking wine, or theft) while in Dar al-Harb or protected by a strong faction, he is not held liable for that specific penalty if he is executed for apostasy, as the execution suffices for the combined penalties. However, if he returns to Islam, he is subject to the prescribed punishments for adultery and theft, as he was in Dar al-Islam when he committed those acts, similar to a Dhimmi or Musta'min.