Those who said: the imam has a choice regarding one who wages war, and does with him as he wishes

Mujahid (may Allah have mercy on him), Ata (may Allah have mercy on him), al-Hasan (may Allah have mercy on him) and al-Dahhak (may Allah have mercy on him), all of these authorities say that the imam has been given the choice regarding the muharib (one who wages war).

It is also reported from al-Qasim bin Abi Bazzah, from Mujahid.

It is also reported from Layth, from Ata, from Mujahid.

It is also reported from Abu Hurrah, from al-Hasan.

And Juwaybir reports from al-Dahhak. They said: "The imam has the choice regarding the muharib."

Asim (may Allah have mercy on him) says that al-Hasan (may Allah have mercy on him) recited this verse: "The only punishment of those who wage war against Allah and His Messenger (peace and blessings be upon him)." And he said: "This choice rests with the imam."

Umar bin Abd al-Aziz says that the ruler is the one in charge of the killing of whoever wages war against the religion, even if he has killed a man's brother and father. No one other than the ruler has any authority over the one who wages war against the religion and strives to spread corruption in the land. When the hudud reach the imam, there is no way of pardoning them, and establishing them is Sunnah.

Qatadah (may Allah have mercy on him) says that Sa'id bin al-Musayyib (may Allah have mercy on him) said regarding the muharib: "When he is brought before the imam, the imam has the choice to deal with him however he wishes."