Does fleeing to the land of war (*Dar al-Harb*) cause the lapse of a prescribed penal limit (*Hadd*) incurred by a non-Muslim citizen (*Dhimmi*) or an apostate?

General Chapter

Al-Mughni

Book of Ḥudūd (Prescribed Penalties)

Book 51 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a *Hadd* is incumbent upon a *Dhimmi* or an apostate, and they flee to the land of war (*Dar al-Harb*) and subsequently return, the penalty is not dropped. This is based on the principle that a penalty that has become necessary does not lapse merely by entering the land of war, analogous to the case of a Muslim who enters under protection (*Aman*).

Supporting text

Abu Hanifa holds that the penalty is dropped in such circumstances.