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'''Apostasy''' (ارتداد, irtidād and ridda) i.e. the rejection of faith, is a serious offense in [[Islam]]. The punishment for apostasy as prescribed by | '''Apostasy''' (ارتداد, irtidād and ridda) i.e. the rejection of faith, is a serious offense in [[Islam]]. The punishment for apostasy as prescribed by the Islamic prophet [[Muhammad]] is death. A ''murtad'' (مرتد apostate) who hides his apostasy is referred to as a ''munāfiq'' (منافق hypocrite). | ||
{{Core}} | {{Core}} | ||
==Introduction== | ==Introduction== | ||
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===Shari'ah=== | ===Shari'ah=== | ||
For a comprehensive collation of the rulings regarding apostasy from the four Sunni schools of Jurisprudence, with additional sources cited beyond those given here, see the article: | |||
[https://wikiislam.net/wiki/Qur%27an,_Hadith_and_Scholars:Apostasy#Fiqh Qur'an, Hadith and Scholars: Apostasy#Fiqh] | |||
Islamic jurisprudence on Apostasy is derived from the words of Muhammad and the aforementioned actions of the Caliph and other companions. If rejecting one of the [[Five Pillars of Islam|pillars of Islam]] is considered to be a crime warranting war against such people, it is only logical for the prescribed punishment for apostasy in Islam to be death. Imam Abu Hanifa’s prescript as seen in Al-Shybani's Kitab al-Siyar grants the apostate a stipulated period of three days to revert back to Islam or face the death penalty. All [[Madh'hab|four schools]] of Sunni Islamic [[Fiqh|jurisprudence]] are in agreement with this ruling, with only slight variations on whether to allow the grace period and the punishment for females.<ref name="Maududi"></ref> The Hanafi school of Islamic jurisprudence believe female apostates are an exception to the rule and are not to be killed, but beaten every three days and put under confinement until death or repentance, while the remaining Shafi'i, Maliki, and Hanbali schools all agree the verdict for the female apostate is the same as for the male.<ref>'Abdurrahmani'l-Djaziri - [http://www.light-of-life.com/eng/ilaw/l5721et1.htm#p19 The Penalties for Apostasy in Islam According to the Four Schools of Islamic Law] - "The Case of the Female Apostate" (Pg. 19)</ref> In Shia Islam, the males are to be executed, but females imprisoned and beaten at the times of Salah.<ref name="PetersDeVries">Peters, R.and G.J.J.De Vries (1976-77), 'Apostasy in Islam'. Die Welt des Islams 17, 1/4:1-25 [dare.uva.nl/document/228850 pdf of the article] or [https://www.jstor.org/stable/1570336?seq=1#page_scan_tab_contents jstor article with free read access]</ref> | |||
'''Hanafi''' - recommends three days of imprisonment before execution, although the delay before killing the Muslim apostate is not mandatory. Apostates who are men must be killed, states the Hanafi Sunni fiqh, while women must be held in solitary confinement and beaten every three days till they recant and return to Islam. | The conditions for apostasy are that the apostate is performing an act of free will, is of adult age (which means puberty in Islam), is of sound mind, and does so intentionally.<ref name="PetersDeVries"></ref> | ||
The rulings for the four [[Madh'hab|four schools]] of Sunni Islamic [[Fiqh|jurisprudence]] and the [[w:Ja'fari_jurisprudence|Ja'fari]] school in Shia Islam can be summarised as follows:<ref name="PetersDeVries"></ref><ref>[http://www.webcitation.org/6lL25cac5 webcitation archive] Sunni books of jurisprudence (translations) quoted in The Rationaliser, [http://therationaliser.blogspot.co.uk/2014/07/apostasy-in-islam.htm Apostasy in Islam], 2014</ref><ref>[http://statics.ml.imam-khomeini.ir/en/File/NewsAttachment/2014/0000-tahrir%20j4-nA4.pdf imam-khomeini.ir] Imam Khomeini, Tahrir al-Wasilar Volumie IV (English translation), Tehran: Institute for Compilation of Imam Khomeini's works, 2011, p.255</ref> | |||
'''Hanafi''' - recommends three days of imprisonment before execution to allow repentance, although the delay before killing the Muslim apostate is not mandatory. Apostates who are men must be killed, states the Hanafi Sunni fiqh, while women must be held in solitary confinement and beaten every three days till they recant and return to Islam. | |||
'''Maliki''' - allows three days for recantation, after which the apostate must be killed. The same applies to both men and women apostates according to the traditional view of Sunni Maliki fiqh. | '''Maliki''' - allows three days for recantation, after which the apostate must be killed. The same applies to both men and women apostates according to the traditional view of Sunni Maliki fiqh. | ||
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'''Shafi'i''' - waiting period of three days is required to allow the Muslim apostate to repent and return to Islam. After the wait, execution is the traditional recommended punishment for both men and women apostates. | '''Shafi'i''' - waiting period of three days is required to allow the Muslim apostate to repent and return to Islam. After the wait, execution is the traditional recommended punishment for both men and women apostates. | ||
'''Hanbali''' - waiting period | '''Hanbali''' - three day waiting period should be granted. Apostate is invited three times to repent. Execution is the traditionally recommended punishment for both genders of Muslim apostates. | ||
And in Shia Islam: | |||
There are also civil law penalties for apostates who are imprisoned, awaiting execution, or have taken flight.<ref name="PetersDeVries"></ref> Except for the Hanafites, the apostate's right to dispose of his or her property is suspended pending repentance. An apostate loses the right to inherit (from anyone, Muslim or otherwise). The schools and jurists within them differ on whether all an apostate's property goes to their Muslim heirs, or just that acquired before his apostasy (if a male). The apostate's marriage contract is annulled upon the act of apostasy, even if they repent, or is suspended pending repentance in the Shafi'i school (if already consumated) and Shia | '''Ja'fari''' - waiting period not necessary, but may be granted according to this Shia fiqh, but only if the apostate was born a disbeliever (Murtad al-Milli). A male apostate must be executed, states the Ja'fari fiqh, while a female apostate must be held in solitary confinement and beaten on the hours of salah with her food tightly rationed till she repents and returns to Islam. | ||
There are also civil law penalties for apostates who are imprisoned, awaiting execution, or have taken flight.<ref name="PetersDeVries"></ref><ref>[https://islamqa.info/en/134339 islamqa.info] Fatwah 134339: Effect of apostasy on marriage before and after consummation]</ref> Except for the Hanafites, the apostate's right to dispose of his or her property is suspended pending repentance. An apostate loses the right to inherit (from anyone, Muslim or otherwise). The schools and jurists within them differ on whether all an apostate's property goes to their Muslim heirs, or just that acquired before his apostasy (if a male). The apostate's marriage contract is annulled upon the act of apostasy, even if they repent, or is suspended pending repentance within the wife's waiting period in the Shafi'i school (if already consumated) and Shia Ja'fari school (if the apostate was born a disbeliever). | |||
===Modern Muslims=== | ===Modern Muslims=== | ||
A Pew poll released on April 30, 2013 asked Muslims in 39 countries between 2008 and 2012 questions about religion, politics and society based on 38,000 face-to-face interviews. In one question, asked in 37 of these countries with a combined Muslim population of just over 1 billion people, the survey asked participants whether they favored or opposed the death penalty for leaving Islam. Using the complete dataset for this question on page 219 of the full report<ref>[http://assets.pewresearch.org/wp-content/uploads/sites/11/2013/04/worlds-muslims-religion-politics-society-full-report.pdf The World’s Muslims: Religion, Politics and Society] Pew Research Centre, 30 April 2013, p.219 (responses by country to the question on apostasy)</ref>, and weighing the responses by Muslim population<ref>[http://assets.pewresearch.org/wp-content/uploads/sites/11/2011/01/FutureGlobalMuslimPopulation-WebPDF-Feb10.pdf Future Global Muslim Population] Pew Research Centre, 2011, pp.156-163 (Estimated Muslim population by country in 2010)</ref> indicates that overall, 40% of Muslims in these countries favour the death penalty for apostasy from Islam. | |||
The percentage was below 10% in Central Asia, Turkey and Balkan countries included in the survey. It was above 50% in Afghanistan (79%), Egypt (88%), Jordan (83%), Malaysia (58%), Pakistan (75%), Palestinian Territories (62%), and Djbouti (62%). It is possible that support for the penalty has fallen in the years since the survey was conducted due to worldwide distaste for the actions of ISIS and attempts to distance Islam from the actions of that group, and in Egypt following the negative experience of Muslim Brotherhood government. | |||
Note that a common mistake is made by commentators on this survey who don't read the full dataset at the end of the full report. In Chapter 1: Beliefs about Sharia, there is a table showing support for the death penalty for apostasy by those who answered that they were in favour of Sharia in their country in an earlier question. Multiplying the percentages in these two tables results in significantly lower, but incorrect conclusions compared to those mentioned above (Egypt, for example would appear to have 64% support for the penalty on this basis, and overall support in the countries surveyed would be approximately 35% after weighing by Muslim population). | |||
However, this approach ignores support for the apostasy death penalty by those who answered that they do not support / don't know whether they support Sharia being the official law in their country, which surprisingly, makes a significant difference. Only the table on page 219 reveals support for the apostasy death penalty for all respondents in each country. This was confirmed by an independent analysis of the data and correspondance with Pew's Director of International Survey Research.<ref>[https://uncertaintyblog.com/2015/02/12/check-the-original-source-how-so-many-writers-got-the-facts-wrong-after-the-maher-vs-affleck-islam-debate/ Check the original source! How so many writers got the facts wrong after the Maher vs. Affleck Islam debate] [http://www.webcitation.org/6yi5XIFbb Archive]</ref> | |||
Nevertheless, a strong correlation can be seen in the results for the two questions on support for Sharia and support for the death penalty for apostates.<ref>Survey Reports - [http://www.pewforum.org/2013/04/30/the-worlds-muslims-religion-politics-society-beliefs-about-sharia/#sharia-as-the-official-law-of-the-land The World’s Muslims: Religion, Politics and Society - Chapter 1: Beliefs about Sharia] - Pew Research Center, April 30, 2013</ref> | |||
So with all points considered, we can rightly conclude from religious texts, history and even modern Muslim opinion in most of the countries with the strongest support for Sharia, that the ruling of Islam is to put apostates to death if they refuse to revert back to their Islamic faith. This ruling remains true even among the [[Shiite|Shi'ite]] sect,<ref>[{{Reference archive|1=http://formermuslimsunited.org/?page_id=2169|2=2011-10-04}} A Shiite Opinion on Apostasy] - Originally from Kayhan International, March 1986</ref> whom together with the [[Sunni]]s constitute almost the entirety of the world's Muslim population.<ref>[{{Reference archive|1=http://www.religionfacts.com/islam/comparison_charts/islamic_sects.htm|2=2011-10-04}} Comparison of Sunni and Shia Islam] - ReligionFacts, accessed October 4, 2011</ref><ref>Tracy Miller - [http://pewforum.org/newassets/images/reports/Muslimpopulation/Muslimpopulation.pdf Mapping the Global Muslim Population: A Report on the Size and Distribution of the World's Muslim Population] - Pew Research Center, October 2009</ref> | |||
===Modern Scholars and Apologetics=== | |||
Some modern scholars ignore centuries of Islamic jurisprudence on the penalty for apostasy and instead interpret certain Qur'anic verses as allowing freedom of religion, including apostasy. They also argue that some apostates were allowed to live during Muhammad's lifetime, and point to a small number of early scholars who they claim supported less severe treatment of apostates. These interpretations and claims are disputed by traditionalists. | |||
There is also a growing trend to instead interpret or contextualize hadiths and Qur'anic verses to mean that only those apostates who fought against the Muslims or gave support to their enemies were to be given the penalty. It is then regarded in these apologetics as a punishment for treason. Others claim that even talking openly about one's apostasy is an act of treason by undermining the foundation of the Islamic state, but that apostates who keep their beliefs private should be left alone. | |||
==Primary Articles== | ==Primary Articles== | ||
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{{Reflist|30em}} | {{Reflist|30em}} | ||
[[Category:Core | [[Category:Core Articles]] | ||
[[Category:Apostasy]] | [[Category:Apostasy]] | ||
[[Category:Islamic Law]] | [[Category:Islamic Law]] | ||
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