What is the ruling regarding the rebels if they cease fighting?
General Chapter
Al-Mughni
Book of Fighting Rebellious Groups
Primary text
If the rebels cease fighting—either by returning to obedience, laying down arms, retreating without forming a cohesive group, or becoming incapacitated due to injury, illness, or capture—it becomes forbidden to kill them or pursue those fleeing. This is the position of Al-Shafi'i. Evidence for this is the statement of Ali (may God be pleased with him) on the Day of the Camel: The wounded should not be finished off, veils should not be torn, doors should not be opened, whoever closes a door or their own door is safe, and those fleeing should not be pursued. Further evidence is Ali's payment of blood money from the public treasury for those killed while fleeing, and the report from Abu Umama stating that at Siffin, they did not finish off the wounded, kill those turning away, or strip the dead. The objective is to repel them and halt their aggression, which has been achieved, so killing them is not permissible, analogous to an attacker who ceases aggression.
Supporting text
Abu Hanifa holds that if they are defeated and have no rallying point (fi'a), the ruling is the same as above. However, if they have a rallying point they can retreat to, it is permissible to kill those fleeing and take prisoners, and to attack their wounded. If they have no rallying point, they should not be killed, but subjected to a painful beating and imprisonment until they renounce their actions and repent. This latter view is attributed to Ibn Abbas and adopted by some Shafi'i scholars, arguing that if they are not killed, they will gather and return to fighting.