If a Muslim commits a major sin i.e adultery, homosexuality, etc. outside the territory of a Muslim state, can he/she be put to death if they confess to the sin when they return to the Islamic state? please provide proof of your answer and not base your answer on your rational understanding.
Rulings (hudūd, Arabic: حدود) are not limited by where the actual crime took place. Long as there is evidence, a Muslim ruler may apply the punishment regardless of where or when the act was committed. From the hadith about Mā'iz ibn Malik in Sahih Muslim 29/34, when Mā'iz asked the Prophet ﷺ to purify him, the Prophet ﷺ asked him four questions:
- The nature of the crime ("from what am I to purify you?").
- The sanity of Mā'iz since a good number of hudūd do not apply to insane people ("asked if he had been mad").
- The soberness of Mā'iz to ensure that his testimony is not the result of intoxication ("a person stood up and smelt his breath but noticed no smell of wine").
- The final question was to validate the act ("have you committed adultery").
All questions were related to the self-incrimination and its context. However, there was not a single question about the context of the crime itself (where, when, etc.).
In another hadith, authenticated by Al-Hākim An-Nisapūri in his Al-Mustadrak 'ala as-Sahihain and by Muhammad Nasiruddin al-Albani in Sahīh al-Jāmi', the Prophet ﷺ provides the steps for anyone who is involved in any such act:
عَنْ اِبْنِ عُمَرَ قَالَ: قَالَ رَسُولُ اَللَّهِ ﷺ: اِجْتَنِبُوا هَذِهِ اَلْقَاذُورَاتِ اَلَّتِي نَهَى اَللَّهُ تَعَالَى عَنْهَا فَمَنْ أَلَمَّ بِهَا فَلْيَسْتَتِرْ بِسِتْرِ اَللَّهِ تَعَالَى وَلِيَتُبْ إِلَى اَللَّهِ تَعَالَى, فَإِنَّهُ مَنْ يَبْدِ لَنَا صَفْحَتَهُ نُقِمْ عَلَيْهِ كِتَابَ اَللَّهِ عَزَّ وَجَلَّ
Ibn 'Umar (RAA) narrated that the Messenger of Allah (ﷺ) said: "Avoid these filthy practices which Allah, the Almighty has prohibited. He who commits any of these, should conceal with Allah's Most High Veil (i.e. should not speak about it), and should turn to Allah, the Most High in repentance, for if anyone uncovers his hidden sins (to us), we shall inflict on him the punishment prescribed by Allah, the Al-Mighty."
These steps are:
- Avoid such act in the first place.
- If committed and no one knows, keep the act hidden, and repent to Allah.
- If made public, the ruler has to carry the punishment through.
based on my knowledge there is nothing to say that hadd punishment cannot be applied to such a person. unfortunately it appears the Muslim countries of today have little resemblance to a legitimate Islamic states. if you are addament on leaving this world through purification with hadd punishment then perhaps confessing in soudi arabia, iran or even some states in nigeria appear to enforce some aspects of sharia law.