Both Muslims and non-Muslims, whether male of female, who are under the authority of the Islamic State are subject to the punishment of the judiciary if they are proven to have committed the crimes. This is because the orders of punishment that appear in the Qur’an or hadith are general and do not specify that the punishments are restricted to Muslims or non-Muslims, e.g. Allah (swt) says,
“And as for the male and female thief, cut off their hands as a punishment for what they have done.” [TMQ 5:38]
Additionally, Muhammad (saw) administered the punishments of hadud upon the Muslims as well as the non-Muslims, as was the case when two Jews committed zina (fornication), and the ayah was revealed regarding them :
“The fornicator and the fornicatress, lash each of them one hundred stripes.” [TMQ 24:2]
It is forbidden to discriminate against any non-Muslim if they commit or are a victim of a crime. This is because all citizens of the Islamic State are equal in status, and have the same rights guaranteed. Muhammad (saw) said, “Whoever harms a dhimmi, it is as if he harms me.” A dhimmi is a non-Muslim citizen of the Islamic State.
Only those who are responsible for their actions are subject to punishment. Muhammad (saw) said, “The pen is lifted (from recording the deeds of) three : The majnun (madman) until he becomes sane, the child until he becomes mature and the sleeping person till he awakes.”
In all of the situations mentioned in the hadith, the person is not responsible for his actions, as he is unable to discern the correctness or incorrectness in his actions. Thus, he is not subject to the punishments that the court would normally administer to someone who had committed the same crimes.
If any crime is committed under force of duress, there will be no legal liability if it is proved that this was the case. Muhammad (saw) said, “My Ummah will be forgiven for crimes it commits under duress, in error, or as a result of forgetfulness.” Again here, no punishment will be given for crimes committed under such a state of mind as negating responsibility for a criminal act.