Those who held that the prescribed punishments are not implemented in enemy territory until return

Junadah bin Abi Umayyah (may Allah have mercy on him) said: We were with Busr bin Abi Artah (may Allah be pleased with him) on a sea voyage. A thief named Misdar was brought to him; he had stolen a Bactrian camel. He said: I heard the Messenger of Allah (peace and blessings be upon him) say: "Hands are not to be cut off during travel." Were it not for that, I would have cut off his hand. (b) Yahya bin Ma'in (may Allah have mercy on him) said that the people of Madinah deny that Busr bin Abi Artah (may Allah be pleased with him) heard from the Prophet (peace and blessings be upon him), and Yahya said that Busr bin Artah was a bad man.

The Shaykh (may Allah have mercy on him) said: What Yahya (may Allah have mercy on him) said about him was only because of his evil conduct that became evident in the battle of al-Harrah.

Zayd bin Thabit (may Allah be pleased with him) said: The prescribed punishments (hudud) are not to be carried out in the abode of war (dar al-harb), out of fear that he might go and join the enemy.

Hakim bin Umayr (may Allah have mercy on him) said that Sayyiduna Umar (may Allah be pleased with him) wrote to Sayyiduna Umayr bin Sa'd al-Ansari (may Allah be pleased with him) and to his governors that they should not carry out a prescribed punishment (hadd) on any of the Muslims in the abode of war (dar al-harb) until they come out to the land of peace treaty.
Imam al-Shafi'i (may Allah have mercy on him) said: What is reported from Sayyiduna Umar (may Allah be pleased with him) is munkar (objectionable), and he (Abu Yusuf) himself finds fault with taking as evidence a hadith that is not established, yet he says: 'A shaykh narrated to us' - and who is this shaykh? And he says: 'Makhul from Zayd bin Thabit,' while Makhul never saw Zayd bin Thabit. Imam al-Shafi'i also said: As for his saying that he would join the polytheists, if he joins them, that is all the more wretched for him; and whoever abandons the prescribed punishment for fear that the one punished will join the lands of the polytheists would have to abandon it in the coastal regions of the Muslims and their frontier posts that adjoin the lands of war (bilad al-harb).

Yahya bin Urwah bin al-Zubayr (may Allah have mercy on him) narrates from his father that Abd bin al-Azwar, Dirar bin al-Azwar and Abu Jandal bin Suhayl bin Amr (may Allah be pleased with them) drank wine in Syria. They were brought to Abu Ubaydah bin al-Jarrah (may Allah be pleased with him). Abu Jandal (may Allah be pleased with him) said: By Allah, I only drank it on the understanding of this Qur'anic verse: "There is no sin upon those who believe and do righteous deeds for what they have eaten, so long as they fear Allah and believe and do righteous deeds." [Surah al-Ma'idah: 93] So Abu Ubaydah (may Allah be pleased with him) wrote to Sayyiduna Umar (may Allah be pleased with him) about their matter. Then Abd bin al-Azwar (may Allah be pleased with him) said: Our enemy is present before us. If you see fit to give us respite until we meet our enemy tomorrow, then if Allah honours us with martyrdom, that will suffice you and you will not make us stand in disgrace; and if we return, you can look to what your companion (Umar) orders you and carry it out. Abu Ubaydah (may Allah be pleased with him) agreed. When the people met in battle, Abd bin al-Azwar (may Allah be pleased with him) was killed as a martyr. Then the letter of Sayyiduna Umar (may Allah be pleased with him) came back: The one who led Abu Jandal into the sin is the one who prepared the argument for him in it. When this letter of mine reaches you, carry out their prescribed punishment upon them. Peace. So Abu Ubaydah (may Allah be pleased with him) called the two of them and carried out the prescribed punishment on them. Abu Jandal (may Allah be pleased with him) and his father had a standing of honour. He began talking to himself, until it was said that his mind had become disturbed. So Abu Ubaydah (may Allah be pleased with him) wrote to Sayyiduna Umar (may Allah be pleased with him): I gave Abu Jandal his prescribed punishment, and he has been talking to himself so much that we fear he is ruined. So Sayyiduna Umar (may Allah be pleased with him) wrote to Abu Jandal (may Allah be pleased with him): After praise and glorification: The one who led you into the sin has barred repentance from you. "In the name of Allah, the Most Gracious, the Most Merciful. Ha Mim. The revelation of the Book is from Allah, the Almighty, the All-Knowing, the Forgiver of sin and the Acceptor of repentance, severe in punishment, the Possessor of bounty. There is no god but Him; to Him is the final return." [Surah Ghafir: 1-3] When he read the letter of Sayyiduna Umar (may Allah be pleased with him), the state he was in left him, as though he had been released from a tether.

Abdullah bin Salih said: Al-Layth held the view that the prescribed punishment (hadd) should be carried out in the land of Rum (the Byzantines), because Allah Almighty says: "And whomever Allah intends to put to trial, you can do nothing at all for him against Allah." [Surah al-Ma'idah: 41]