Is the prescribed punishment (*Hadd*) executed upon a criminal who committed an offense outside the Sanctuary (*Haram*) and then sought refuge within it?
General Chapter
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If someone commits an offense warranting death outside the Sanctuary and then takes refuge within it, the prescribed punishment is not carried out against them while they remain in the Sanctuary. This is the position of Ibn Abbas, 'Ata', 'Ubayd ibn 'Umayr, Al-Zuhri, Mujahid, Ishaq, Al-Sha'bi, Abu Hanifa, and his companions. The evidence for this is the Prophet's prohibition against killing within the Sanctuary: "Do not shed blood therein." Furthermore, the sanctity of life is greater, so other punishments are not equated to it. Additionally, the punishment by lashing is akin to chastisement and should not be prevented, similar to a master chastising his slave.
Supporting text
There are two narrations from Ahmad regarding punishments less than death and retaliation (*Qisas*) for injuries less than life: one states that the punishment is not executed upon the refuge-seeker, and the second states it is executed. The latter is the Madhhab of Abu Hanifa. The dominant view, apparent in the statement of Al-Kharqi and the apparent Madhhab, along with the narration attributed solely to Hanbal from his uncle, is that all Hadd punishments, except for execution, are delayed until the criminal leaves the Sanctuary. However, if the sanctity of the Sanctuary itself is violated by the offense committed within it, the sanctity is breached, and the punishment is executed therein.