For this reason, one who promotes religious innovations is subjected to punishments not imposed on one who remains silent; one who openly commits wrongdoing is subjected to punishments not imposed on one who conceals it; and we refrain from punishing the religious hypocrite, even though he will be in the lowest depth of the Fire.
This is because, in principle, punishment is administered by Allah Most High: He recompenses people for their deeds in the Hereafter, and He may also recompense them in this world. As for us, we punish people only to the extent needed to secure the performance of obligations and the abandonment of prohibited acts, as far as we are able. As the Prophet, may Allah bless him and grant him peace, said:
“I have been commanded to fight the people until they testify that there is no deity worthy of worship except Allah and that Muhammad is the Messenger of Allah. If they do so, they safeguard their lives and property from me, except where a rightful claim warrants otherwise, and their reckoning rests with Allah.”
Allah Most High also said:
“Fight them until there is no more persecution and religion is wholly devoted to Allah.”
And He said:
“Persecution is worse than killing.”
For this reason, if unbelievers, those who wage war, or other transgressors repent before they are apprehended, the punishment pertaining to Allah’s right is waived. Thus, if an unbeliever at war with the Muslims embraces Islam before being captured, he thereby safeguards his life, family, and property. The same applies to highway robbers, those who commit unlawful sexual intercourse, thieves, and those who drink intoxicants, if they repent before being apprehended, because repentance achieves the intended purpose.
But if they repent after being apprehended, the punishment is not entirely waived, because that would lead to the prescribed penalties being rendered ineffective and to the spread of corruption, and because such repentance cannot be relied upon. For this reason, if an unbeliever at war with the Muslims embraces Islam during battle, his acceptance of Islam is valid, because he embraced Islam before being captured