إِلَّا الَّذِينَ يَصِلُونَ إِلَىٰ قَوْمٍ بَيْنَكُمْ وَبَيْنَهُم مِّيثَاقٌ أَوْ جَاءُوكُمْ حَصِرَتْ صُدُورُهُمْ أَن يُقَاتِلُوكُمْ أَوْ يُقَاتِلُوا قَوْمَهُمْ ۚ وَلَوْ شَاءَ اللَّهُ لَسَلَّطَهُمْ عَلَيْكُمْ فَلَقَاتَلُوكُمْ ۚ فَإِنِ اعْتَزَلُوكُمْ فَلَمْ يُقَاتِلُوكُمْ وَأَلْقَوْا إِلَيْكُمُ السَّلَمَ فَمَا جَعَلَ اللَّهُ لَكُمْ عَلَيْهِمْ سَبِيلًا (90)
(4:90) unless it be such of them who seek refuge with a people who are joined with you by a covenant, *119 or those who come to you because their hearts shrink from fighting either against you or against their own people. Had Allah so willed, He would certainly have given them power over you and they would have fought against you. If they leave you alone and do not fight against you and offer you peace,, then Allah does not permit you to harm them.
*119). The exception here does not relate to the injunction that they should not be taken as friends and supporters, but to the injunction that the believers should seize and slay them. What is meant is that if a hypocrite takes shelter among an unbelieving people with whom the Muslims have an agreement he should not be pursued into that territory. It is not permissible for Muslims of the Islamic state to kill a hypocrite in some neutral territory even if he merits execution. This is because of the sanctity of the agreement concluded by the Muslims rather than the sanctity of the hypocrite's blood.