The Punishment under Islamic Law for a Non-Religious Person (Zimmi) Practising Sihr

Ibn Qudama reported: "According to Abu Hanifa, a zimmi who practises sihr should be killed, on the basis of a commonly held view and that, since the death penalty is applicable to a Muslim sahir, then it should also be applicable to a zimmi sahir" Al-Mughni: 10/115 

Al-Hafiz Ibn Hajar reported: "According to Imam Malik, a zimmi sahir should not be killed, unless his sihr has killed someone. Malik also said that if a zimmi sahir has caused harm to a Muslim person, but was supposed to have entered into a covenant with Muslims not to harm any of them, he is, thus, considered to be in breach of the covenant, and should, as a result, receive the death penalty. The Prophet (Peace and Blessing upon Him) did not have Labid Ibn Al-A'sam killed because the sihr he used against him was not an act of revenge. Furthermore, the Prophet (Peace and Blessing upon Him) was worried that if he had killed him, he would have ignited a conflict between Muslims and his allies from the Ansar (supporters). Fath Al-Bari: 10/236 

According to Ash-Shafi’i, a zimmi sahir should not be killed, unless his sihr has killed someone. Fath Al-Bari: 10/236

Ibn Qudama said: "A zimmi sahir should not be killed unless his sihr has killed someone. Mostly, it is a sihr that kills, in which case, the death penalty should be applied for as qisas. When it was confirmed that Labid Ibn Al-A'sam had used sihr against the Prophet (Peace and Blessing upon Him), the Prophet (Peace and Blessing upon Him) did not order his killing because, his practice of polytheism was more serious than his sihr." 

Ibn Qudama added: "The views quoted were based on the analogy drawn between a Muslim sahir and a zimmi sahir. The difference is that a Muslim sahir is classed as disbeliever when he uses sihr. A zimmi sahir is already a disbeliever. Therefore, the analogy on which scholars based their judgement is invalid on the basis of the difference between a person being a disbeliever by creed and that of a Muslim uttering words of disbelief. It is also invalid on the basis of adultery, a crime for which a Muslim is sentenced to death, while a zimmi is not." Al-Mughni: 10/115