What is the ruling concerning the Khawarij who excommunicate based on sin?
General Chapter
Al-Mughni
Book of Fighting Rebellious Groups
Primary text
The Khawarij who excommunicate due to sin, curse companions like Uthman, Ali, Talha, and Al-Zubayr, and deem Muslim lives and property permissible for taking (except for those who join them) are considered Būghāt, carrying the same legal ruling according to the apparent view of later jurists. Malik holds that they must first be called to repent; if they do not repent, they are killed for their corruption, not for disbelief. The true judgment, as deemed correct, is that it is permissible to fight the Khawarij preemptively and to finish off their wounded, based on the Prophet's command and the promise of reward for those who kill them. Their heresy and misconduct justify the taking of their blood, evidenced by narrations describing them as the worst of creation, those who slip from religion, and the 'dogs of Hellfire,' with the Prophet urging their killing and stating he would have fought them the way 'Ad' was fought.
Supporting text
A group of Hadith scholars maintain that the Khawarij are apostates (Murtaddun), and their blood and wealth become permissible. If they fortify themselves with power, they become people of war like other disbelievers. If captured, they are called to repent like apostates; otherwise, they are executed, and their wealth becomes spoils (Fay'), not inherited by their Muslim heirs. This view is supported by traditions describing them as passing from religion 'like an arrow from a shaft,' with no substance remaining attached to it. Many jurists, however, adhere to them being Būghāt and do not declare them apostates, citing that the description of the arrow suggests doubt regarding their complete exit from Islam. Ali ibn Abi Talib stated regarding the people of Nahrawan that they fled from disbelief and were not hypocrites, but rather a people afflicted by tribulation who became blind and deaf, and rebelled against the Muslims.