Abu al-Zinad (may Allah have mercy on him) says: Abdul Hameed, who was the governor of Iraq, three men were brought to him who had committed highway robbery and attacked with swords. Some people advised their killing. He sought my opinion, so I forbade it because I knew the opinion of Sayyiduna Umar bin Abdul Aziz (may Allah have mercy on him) that he did not consider killing permissible in such a situation. But due to the insistence of the people, one of them was killed. Then the governor felt something about my words and wrote a letter to Umar bin Abdul Aziz. A harsh reply came from him in which he condemned this act and wrote: If you had pondered over this verse and seen that they were its subject, then you would have imposed the lightest punishment on them. Abu al-Zinad says: Those in Madinah who were people of opinion in this matter used to say that a "muharib" (one who wages war against society) is he who corrupts the lineage of Muslims, does not accept the invitation of the ruler, and does not commit mischief secretly but openly.
Hadith Referenceسنن سعید بن منصور / كتاب التفسير / 736
Hadith Gradingمحدثین:سنده ضعيف لما تقدم عن حال عَبْدُ الرَّحْمَنِ بْنُ أَبِي الزِّنَادِ، وهو صحيح لغيره؛ لأن عبد الرحمن تابعه الإمام مالك كما سيأتي، مع بعض الاختلاف في المتن والاختصار.