(328) Enemy persons, according to how they are treated, are of four kinds, viz., apostates, rebels, highwaymen, pirates and non-Muslim belligerents in general. The first three kinds are generally the subjects of the Muslim State and the last one consists of foreigners.

(329) We shall deal with them seriatim. But it is to be noted from the very beginning that apostates, rebels and highwaymen, come under international law only when they are of sufficient power and have acquired territory and rule over it. Otherwise they belong to the ordinary criminal law of the land, and the treatment meted out to them has no relation to our subject.