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In the Name of Allah, Most Gracious, Most Merciful.
All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.
Dear questioner, thanks for forwarding this question to us, reposing in us great confidence. We implore Allah Almighty to help us serve His cause and render our work for His Sake.
As regards your question, we would like to make it clear that it is prohibited to hand over a Muslim prisoner of war to non-Muslims as this involves casting off a Muslim and subjecting him to the control of a non-Muslim; such act typically represents letting a Muslim down. Besides, it also acts as a flagrant violation of international law to hand over ambassadors, for this runs counter to the law of international diplomacy through which ambassadors enjoy immunity granted to them by international law; this immunity continues to be in force and never ceases even after the demise of the regime they are working for, in which case such an ambassador should be given a period to arrange his own affairs and decide whether to be back home or seek political asylum in a third state.
Shedding more light on this issue, Dr. Anwar Dabbour, professor of Islamic Shari`ah at Cairo University, states the following:
“Shari`ah stipulates that it is not permissible to hand over a Muslim captive to a non-Muslim authority. This is the meaning of the hadith of the Prophet (peace and blessings be upon him) that reads: “A Muslim is the brother of a Muslim. He does not oppress him, nor let him down nor even look down upon him.”
In addition, handing over a Muslim captive to non-Muslims is a form of disdaining a Muslim and a sacrilegious act to his blood. In the hadith, we read: “Don't nurse grudge and don't bid him out for raising the price and don't nurse aversion or enmity and don't enter into a transaction when the others have entered into that transaction and be as fellow-brothers and servants of Allah. A Muslim is the brother of a Muslim. He neither oppresses him nor humiliates him nor looks down upon him. The piety is here, (and while saying so) he pointed towards his chest thrice. It is a serious evil for a Muslim that he should look down upon his brother Muslim. All things of a Muslim are inviolable for his brother in faith: his blood, his wealth and his honor.” Such a heinous deed is also a form of helping others in maters of sin and aggression. Almighty Allah says: “Help not one another unto sin and transgression, but keep your duty to Allah. Lo! Allah is severe in punishment.” (Al-Ma'idah: 2)"
Dr. Ahmad Abu al-Wafa, professor of international law; Faculty of Law, Cairo University, adds:
"There are three points in this important issue that are to be considered:
1- So long as Da`eef is no more ambassador due to the demise of the Taliban regime, then the following steps are to be taken:
a) He has the right to a grace period to leave the country.
b) After the laps of that period, he becomes an ordinary individual. His diplomatic immunity expires save in official matters.
c) He has the right to leave the country wherein he stays to any other country he chooses. In case he chooses, with his free will, to leave the country where he is and then, after leaving it, he is arrested he has no right to accuse the former country of being responsible for his arrest. If Pakistan hands him over, he has the right to file a lawsuit against the Pakistani regime.
2- In case it is claimed that the grace period has expired, we can say that the grace period in this case of Da`eef is still running, for due to the circumstances in the region it’s nearly impossible for him to leave Pakistan. In addition, amidst the great pressure that America puts on many countries, it’s not possible for any country to accept Da`eef or grant him political asylum.
3- Losing his status as an ambassador does not render his right to the diplomatic immunity void.
In this case of Da`eef, we can see that his role was confined to holding press conferences to express the views of his government. He cannot be subject to trial for practicing this right of holding press conferences as being an ambassador."
You can also read:
The Taliban Movement: Origin and Ideology
Are the Talibans and Bin Laden Terrorists?
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