Machine summary:
Sarakhsiy, commenting on ash-Shaibaniy, goes even so far as to maintain that if a foreign armed force without permission of its government takes belligerent action against a Muslim State, that does not amount to a declaration or existence of war between the two states.
If both these alternatives are rejected and all peaceful persuasion and reasoning fail, then it is the duty of the Muslim state to declare war in the name of God until it conquers or receives the jizyah, or has the gratification to know that the other party has at last embraced Islam.
1 The sayings2 and the doings'' of the Prophet, the decision and practice of the Caliph Abu-Bakr, 4 the consensus of the opinion of the Companions of the Prophet and all the later Muslim jurisconsults, 4 and even certain indirect verses of the Qur' an, 5 all prescribe capital punishment for an apostate.
CHAPTER XI Effect: of the Declaration of War PROBABLY due to the practice prevalent in the time of classical jurists in countries adjoining Muslim territory, all enemy persons and property were considered as in a state of War. Although treatment differs from category to category, as we shall see in due course, no one can claim com• plete immunity.
There are more cases than one in which the Prophet forbade persons who had asked for permission to kill their non-Muslim parents on ground of hostility to Islam.