We said that one of the conditions for implementing the hudud (fixed Qur'anic punishments) is adherence to the covenant. So if a disbeliever who is a polytheist commits zina (unlawful sexual intercourse), is the hudud implemented against him?

The questioner : We said that one of the conditions for implementing the hudud is adherence to the covenant, and we defined the one who adheres to the covenant as the Muslim and the dhimmi (a non-Muslim under Muslim protection). This excludes... If he is a disbeliever who is a polytheist or a mushrik (one who associates partners with Allah) living in the lands of the Muslims, the hudud are not implemented against them if they steal, commit zina, or drink khamr (intoxicants).

The Shaykh : This invalidates his safe conduct and his covenant. That is to say, if he comes to us with safe conduct and enters, then he causes corruption, his safe conduct is invalidated.

The questioner : In the explanation, you said the hudud is not implemented against him?

The Shaykh : Yes, the hudud is not implemented against him, but his covenant is invalidated. If his covenant is invalidated, the imam has a choice regarding him, meaning he becomes like one in jihad, like a prisoner of war.

The questioner : Meaning he becomes a muharib (one who wages war against the Muslims)?

The Shaykh : Yes, he becomes a muharib, meaning his safe conduct is annulled and his covenant is annulled.