Status of a hostile individual entering the abode of Islam without safe conduct (aman)?
General Chapter
Al-Mughni
Book of Jihad
Primary text
If a hostile individual enters the abode of Islam without safe conduct, and he possesses merchandise intended for sale therein, and their entry as traders without safe conduct is customary, he shall not be molested. Imam Ahmad stated that if hostile traders on the sea are encountered en route to Muslim lands, they are not to be engaged or fought. Anyone entering Muslim lands for trade, even from the enemy territory, is permitted to trade and nothing is to be questioned. If he enters without trade and claims asylum (musta'min), his case is left to the discretion of the Imam.
Supporting text
Al-Awza'i and Al-Shafi'i hold a similar view regarding the Imam's discretion when a non-trader enters claiming asylum.