unlike one who embraces Islam after being taken captive: although his life is protected, his enslavement is not precluded.

It follows from this “principle” that some disbelievers and hypocrites may be left unpunished, even though their punishment in the Hereafter will be more severe, provided their harm does not extend to others. Examples include those who pay the jizyah willingly while humbled, and those who outwardly profess Islam and observe its laws despite their hypocrisy. These two groups have withheld their harm from Muslims in both religious and worldly affairs, and they will be punished in the Hereafter for the disbelief and hypocrisy they have committed.

As for anyone who openly engages in harmful conduct, his harm must be prevented, even through punishment—even if he is a Muslim who is flagrantly sinful or disobedient, or an upright person who errs in exercising independent judgment; indeed, even if he is righteous or a scholar. This applies equally to those who can be apprehended and those who resist apprehension.

As an example concerning those who can be apprehended, people who openly commit unlawful sexual intercourse, theft, drinking intoxicants, false testimony, highway robbery, and similar acts are punished only because these acts violate lives, property, and sexual inviolability. This is so even though the sinful Muslim’s condition in the Hereafter is better than that of disbelievers under covenant and hypocrites, for the Quran, the Sunnah, and scholarly consensus establish that a sinful Muslim is better than a disbeliever or hypocrite.

Likewise, anyone who promotes a religious innovation that harms people in their religion is punished, even though he may in fact be excused for it on account of his independent judgment or his following another’s opinion.