What measures must be taken regarding a criminal who sought refuge in the Sanctuary for an offense committed outside it?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
A criminal taking refuge in the Sanctuary for an offense committed elsewhere shall not be congregated with, traded with, sheltered, or fed. They must be told to fear God and leave the non-sanctuary area (*al-hill*) so the right against them can be executed. Once they exit, the right of God Almighty is enforced. This is because if they were fed or sheltered, they would be able to remain permanently, causing the right against them to be lost. Preventing this acts as a means to compel their departure to fulfill God's right. There is no obligation upon the residents to feed them, just as hunting game in the Sanctuary is forbidden, but there is no obligation to provide sustenance for it.
Supporting text
Ibn Abbas stated that one who commits a Hadd offense and seeks refuge in the Sanctuary is not to be engaged with, traded with, or sheltered, but someone seeking their right comes to them and says, "Fear God." Once they leave the Sanctuary, the Hadd is executed. If the one with a right to *Qisas* kills the offender in the Sanctuary, or if the offender executes a Hadd by lashing or amputation, the victim has acted improperly but bears no blame, as they executed their right in a time where they were not entitled to do so, akin to executing *Qisas* during extreme heat or cold.