Musannaf Ibn Abi Shaybah

Hazrat Ata, Hazrat Mujahid, Hazrat Dahhak, and Hasan Basri — all these personalities said regarding the one who fights: The ruler has authority concerning him.

Hazrat Muhammad bin Amr narrates that Hazrat Umar bin Abdul Aziz said: The ruler is the guardian of the killing of one who wages war against the religion.

Hazrat Qatadah says that Hazrat Saeed bin Musayyib stated: The ruler has the choice/option concerning the one who fights.