The Imam’s Jurisdiction and Hudūd in Dār al-Harb

In al-Baḥr al-Zakhkhār al-Jāmiʿ li-Madhāhib ʿUlamāʾ al-Amṣār, under the Book of International Relations and Military Conduct (Kitāb al-Siyar), in the section Dār al-Ḥarb as an Abode of Permissibility (Dār al-Ḥarb Dār Ibāḥa), Imām Aḥmad ibn Yaḥyā ibn al-Murtaḍā (d. 840 AH / 1437 CE) discusses the question of ḥudūd (fixed penalties) for acts committed in enemy territory.

The author cites Imām Yaḥyā ibn Ḥamza (d. 749 AH) who explains that if a Muslim commits an act in Dār al-Ḥarb requiring a ḥadd penalty, the Imam — or his appointed commander — enforces it once the person has returned to a land where the Imam’s authority runs. The Imam may also delay enforcement if a greater public interest (maṣlaḥa) requires it.

Abū Ḥanīfa, however, held that no ḥadd applies unless the Imam was physically present in that territory with established authority; otherwise, there is no punishment.

The author concludes: “The proof-texts for ḥudūd do not distinguish between one place and another.” In other words, the crime is not excused by geography — it is enforceable once the offender comes under legitimate authority.