Is it obligatory to return a person (free or slave, male or female) who comes to the Muslims under a general truce (Hudna) and either claims asylum or converts to Islam?

General Chapter

Al-Mughni

Book of Jihad

Book 54 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is not obligatory to return anyone who comes to the Muslims under a general truce, whether they are free or enslaved, male or female. This applies even if the person converts to Islam after arriving. The established ruling is that if a person from the enemy territory comes to the Muslim domain without being under the Imam's authority, they are not to be returned, nor is any compensation due, similar to a free man or a slave who escaped and then converted. The Prophet, peace be upon him, did not deny or guarantee compensation when Abu Basir killed the man sent to return him. Similarly, when Abu Jandal and his companions acted independently following the Treaty of Hudaybiyyah by attacking enemy travelers and taking their property, the Prophet did not condemn their actions or mandate the return of seized assets or compensation for damages.

Supporting text

The opinion holds that anyone who converted while in the enemy's territory and under their control, thereby subjugating himself to Islam, becomes free, analogous to one who converted after having left their territory.