Is the prescribed punishment (Hadd) to be applied to rebels (Baghi) after they are apprehended for offenses committed while they were rebelling?
General Chapter
Al-Mughni
Book of Fighting Rebellious Groups
Primary text
The prescribed punishments (Hudud) are to be applied to the rebels once they are apprehended for committing acts that necessitate them, even if those acts occurred during their state of rebellion. The requirement for applying the Hadd is not nullified by the mere difference in residence (i.e., being outside the domain of the ruling Imam). This view is held by Malik, Al-Shafi'i, and Ibn al-Mundhir. The evidence supporting this includes the general scope of Quranic verses and Prophetic traditions (Akhbar). Furthermore, punishments are obligatory in any location where religious duties are due at their appointed times upon the cause arising, just as in the domain of justice. Since the individual committed fornication or theft, and there is no doubt regarding the commission of the act, the Hadd must be applied, similar to one in the domain of justice.
Supporting text
Abu Hanifa held that if the rebels sought refuge in a domain where they were not subject to the Imam's direct rule (Dar al-Imam), the Hadd is not incumbent upon any of them, nor upon any merchant or captive residing with them, because they are outside the Imam's domain, thus resembling those residing in the domain of war (Dar al-Harb).