But if it was prohibited in both religions—for example, where he had a covenant with another people—then, if his covenant was with Muslims, he would be someone granted safe-conduct, protected under a covenant, or bound by a peace treaty. Such people are liable for Muslim lives they take and property they destroy. They are punished for their transgressions against Muslims and for unlawful sexual intercourse. Regarding drinking wine, there is a well-known disagreement. But if their covenant was with non-Muslims, as in the case of al-Mughīra ibn Shuʿba (1).

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As for an apostate, according to the well-known position, he is not required to make up the prayers, zakat, and fasting he omitted during his apostasy. According to the well-known position, however, he remains obliged to make up what he omitted before his apostasy. Another view holds that he must make up the omitted obligations, while a further view holds that he need not do so in either case. Three positions are reported from Ahmad.

As for the prohibited acts he committed, if he was under Muslim control, he is liable for any lives he took or property he destroyed. If he belonged to a group holding out against Muslim authority, there are differing positions reported on the matter.

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As for a Muslim who omits an obligation before the authoritative evidence reaches him, or on the basis of an interpretation—for example, someone who does not perform ablution after eating camel meat or touching his penis, or who prays in the resting places of