All five major Schools Of Islamic Jurisprudence agree that a male apostate must be executed. A female apostate may be put to death, according to some schools, or imprisoned, according to others.
Some contemporary Shi'a jurists, scholars, writers, and Islamic sects have argued or issued Fatwa s that either the changing of religion is not punishable or is only punishable under restricted circumstances, but these minority opinions have not found broad acceptance among Islamic Scholars . Grand Ayatollah Hossein-Ali Montazeri: "Not Every Conversion is Apostasy" , by Mahdi Jami, In Farsi, ''BBC Persian'', February 2, 2005, retrieved April 25, 2006 What Islam says on religious freedom , by By Magdi Abdelhadi, BBC Arab affairs analyst, 27 March 2006, retrieved April 25, 2006 Fatwa on Intellectual Apostasy , Text of the fatwa by Sheikh Yusuf Al-Qaradawi
S. A. Rahman in "Punishment of Apostasy in Islam", Institute of Islamic Culture, Lahore, l972, pp. 10-13 The punishment of apostasy in Islam , View of Dr. Ahmad Shafaat on apostasy.
The Qur'an states that God (in Arabic, Allah ) despises apostasy. See verses , ,, and which deal with apostasy directly and which do not prescribe any earthly punishment or death.
The relevant verses (as translated by Yusuf Ali ) are:
- "But those who reject Faith after they accepted it, and then go on adding to their defiance of Faith,- never will their repentance be accepted; for they are those who have (of set purpose) gone astray. As to those who reject Faith, and die rejecting,- never would be accepted from any such as much gold as the earth contains, though they should offer it for ransom. For such is (in store) a penalty grievous, and they will find no helpers."
- "Those who believe, then reject faith, then believe (again) and (again) reject faith, and go on increasing in unbelief,- Allah will not forgive them nor guide them on the way."
- "A section of the People of the Book say: "Believe in the morning what is revealed to the believers, but reject it at the end of the day; perchance they may (themselves) Turn back... "
- "Any one who, after accepting faith in Allah, utters Unbelief,- except under compulsion, his heart remaining firm in Faith - but such as open their breast to Unbelief, on them is Wrath from Allah, and theirs will be a dreadful Penalty. This because they love the life of this world better than the Hereafter... Without doubt, in the Hereafter they will perish."
Based on these verses, Qur'an Alone Muslims reject any legal or other human sanctions against apostates.
The dissent Shia jurist Grand Ayatollah Hossein-Ali Montazeri , a significant Shi'a religious authority, states that the above verses do not prescribe an earthly penalty for apostasy and adds that it is not improbable that the punishment was prescribed by Muhammad when Islam was still partial, and some Jews and Christians purposely entered Islam and deserted it later to create confusion among the Muslims . Based on this argument and the above verses, He does not hold a reversion of belief in itself to constitute apostasy, but define apostasy as deserting Islam out of malice and enmity towards the Muslim community. Ayatollah Montazeri: "Not Every Conversion is Apostasy" , by Mahdi Jami, In Farsi, ''BBC Persian'', February 2, 2005, retrieved April 25, 2006
All punishment for apostasy comes from Hadiths. The Qur'an discusses apostacy in Suras , , , , and . Except 16:106-109, all these verses appears in surahs identified as Madinan and belong to the period when the Islamic state had been established. No verse in the Qur'an explicitly prescribes an earthly penalty for apostasy.
The , which are considered reliable by most Muslims generally are given below:
- "Allah's Apostle said, The blood of a Muslim, who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims."
- Narrated 'Ikrima: 'Ali burnt some people and this news reached ibn 'Abbas, who said, "Had I been in his place I would not have burnt them, as the Prophet said, 'Don't punish (anybody) with Allah's Punishment.' No doubt, I would have killed them, for the Prophet said, 'If somebody (a Muslim) discards his religion, kill him.'"
- The legal regulation concerning the male and the female who reverts from Islam (apostates). Ibn 'Umar, Az-Zuhri and Ibrahim said, "A female apostate (who reverts from Islam), should be killed. And the obliging of the reverters from Islam (apostates) to repent. Allah said: — 'How shall Allah guide a people who disbelieved after their belief and (after) they bore witness that the Apostle (Muhammad) was true, and that Clear Signs had come unto them? And Allah does not guide the wrong-doing people. As for such the reward is that on them (rests) the curse of Allah, the Angels, and of all mankind. They will abide there-in (Hell). Neither will their torment be lightened nor it will be postponed (for a while). Except for those that repent after that and make amends. Verily Allah is Oft-Forgiving, Most Merciful. Surely those who disbelieved after their belief, and go on adding to their defiance of faith, never will their repentance be accepted, and they are those who have gone astray.' (Sura ) Bukhari Volume 9, Book 84, Chapter 2, p. 42-43.
- 57. Narrated 'Ikrima: Some Zanadiqa (atheists) were brought to 'Ali and he burnt them. The news of this event, reached Ibn 'Abbas who said, "If I had been in his place, I would not have burnt them, as Allah's Apostle forbade it, saying, 'Do not punish anybody with Allah's punishment (fire).' I would have killed them according to the statement of Allah's Apostle, 'Whoever changed his Islamic religion, then kill him.'"
- 58. Narrated Abu Burda: Abu Musa said, "I came to the Prophet along with two men (from the tribe) of Ash'ariyin, one on my right and the other on my left, while Allah's Apostle was brushing his teeth (with a Siwak ), and both men asked him for some employment. The Prophet said, 'O Abu Musa (O 'Abdullah bin Qais!).' I said, 'By Him Who sent you with the Truth, these two men did not tell me what was in their hearts and I did not feel (realize) that they were seeking employment.' As if I were looking now at his Siwak being drawn to a corner under his lips, and he said, 'We never (or, we do not) appoint for our affairs anyone who seeks to be employed. But O Abu Musa! (or 'Abdullah bin Qais!) Go to Yemen.'" The Prophet then sent Mu'adh bin Jabal after him and when Mu'adh reached him, he spread out a cushion for him and requested him to get down (and sit on the cushion). Behold: There was a fettered man beside Abu Musa. Mu'adh asked, "Who is this (man)?" Abu Muisa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Musa requested Mu'adh to sit down but Mu'adh said, "I will not sit down till he has been killed. This is the judgment of Allah and His Apostle (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that Allah will reward me for my sleep as well as for my prayers.'"
- 271. Narrated Abu Musa: A man embraced Islam and then reverted back to Judaism. Mu'adh bin Jabal came and saw the man with Abu Musa. Mu'adh asked, "What is wrong with this (man)?" Abu Musa replied, "He embraced Islam and then reverted back to Judaism." Mu'adh said, "I will not sit down unless you kill him (as it is) the verdict of Allah and His Apostle."
References to additional hadith, that have been labeled Sahih by Sunni, from other Imams on the punishment of death for apostasy are:
- Sahih Muslim : Kitab Al-Qasama Chapter DCLXXIII When it is permissible to take the life of a Muslim
4152-4155 , 898-900; Kitab Al-Imara Chapter DCCLVI, Number 4490 , p. 1015 from Muslim, Imam, Sahih Muslim: Being Traditions of the Sayings and Doings of the Prophet Muhammad as Narrated by His Companions and compiled under the Title Al-Jami'-Us-Sahih, Translated by 'Abdul H. Siddiqi, Vol. III.
- Sunan Abu Dawud : 4337 through 4341 from Dawud, Imam Abu, Sunan Abu Dawud: English Translations with Explanatory Notes by Prof. Ahmad Hasan, Sh. Muhamad Ashraf Publications, Lahore, Pakistan, First Edition 1984 (Reprinted 1996), Vol. III, Book XXXIII, Chapter 1605, p. 1212-1214
- Sunan Ibn-I-Majah: # 2533,2534,2535 in Chapter No. 1 of Book of prescribed punishments. Ibn-I-Maja Al-Qazwini, Imam Abu Abdullah Muhammad B. Yazid, Sunan Ibn-I-Majah, Translated by Muhammad Tufail Ansari, Kazi Publications, Lahore, Pakistan, 1993, vol. IV.
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