Is it permissible to kill an unbeliever to whom the call (to Islam) has not reached?
General Chapter
Al-Mughni
Book of Blood-Money (Diyyāt)
Primary text
It is not permissible to kill an unbeliever who has not received the call to Islam until he is called. If such a person is killed before being called and without being granted a security pact (aman), there is no financial guarantee (daman) owed. This is the position of Abu Hanifa. The reasoning is that such a person has no pact or oath, resembling the wife or young child of an enemy combatant, and the prohibition of killing him is solely based on ensuring the call reaches him.
Supporting text
Abu al-Khattab and the school of Shafi'i hold that compensation equivalent to the compensation for those of his own religious group is required because his blood is protected, similar to someone who has a pact.