Is it permissible to kill or fight groups who adopt Kharijite doctrines (like declaring major sin offenders as infidels and abandoning the congregation) if they have not taken up arms or shed unlawful blood?
General Chapter
Al-Mughni
Book of Fighting Rebellious Groups
Primary text
Killing or fighting such groups is not permissible. This view is held by Qadi Abu Bakr, Abu Hanifa, Al-Shafi'i, the majority of jurists, and it is narrated from Umar ibn Abd al-Aziz. Under this ruling, their responsibility regarding the lives and property of others is the same as that of ordinary Muslims. If they insult the Imam or other just rulers, they are to be disciplined (ta'zir) because they committed a forbidden act for which there is no fixed legal penalty (hadd). If they merely threaten insult, there are two opinions on whether discipline is warranted.
Supporting text
Malik holds that the Ibadiyyah and all people of innovation (ahl al-bid'ah) must first repent; otherwise, their necks are to be struck. Ismail ibn Ishaq states that Malik permitted killing the Khawarij and the Qadariyyah due to the corruption they introduce into the religion, similar to brigands, and they are killed for their corruption if they do not repent, not for apostasy.