Qur'an, Hadith and Scholars:Apostasy: Difference between revisions

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{{Quote|{{Quran|9|66}}|Make ye no excuses: ye have rejected Faith after ye had accepted it. If We pardon some of you, We will punish others amongst you, for that they are in sin.}}
{{Quote|{{Quran|9|66}}|Make ye no excuses: ye have rejected Faith after ye had accepted it. If We pardon some of you, We will punish others amongst you, for that they are in sin.}}
{{Quote|{{cite quran|9|73|end=74|style=ref}}|O Prophet! Strive against the disbelievers and the hypocrites! Be harsh with them. Their ultimate abode is hell, a hapless journey's end. They swear by Allah that they said nothing (wrong), yet they did say the word of disbelief, and did disbelieve after their Surrender (to Allah). And they purposed that which they could not attain, and they sought revenge only that Allah by His messenger should enrich them of His bounty. If they repent it will be better for them; and if they turn away, Allah will afflict them with a painful doom in the world and the Hereafter, and they have no protecting friend nor helper in the earth.}}
{{Quote|{{cite quran|9|73|end=74|style=ref}}|O Prophet! Strive against the disbelievers and the hypocrites! Be harsh with them. Their ultimate abode is hell, a hapless journey's end. They swear by Allah that they said nothing (wrong), yet they did say the word of disbelief, and did disbelieve after their Surrender (to Allah). And they purposed that which they could not attain, and they sought revenge only that Allah by His messenger should enrich them of His bounty. If they repent it will be better for them; and if they turn away, Allah will afflict them with a painful doom in the world and the Hereafter, and they have no protecting friend nor helper in the earth.}}
{{Quote|{{Quran|16|106}}|Whoso disbelieveth in Allah after his belief - save him who is forced thereto and whose heart is still content with the Faith - but whoso findeth ease in disbelief: On them is wrath from Allah. Theirs will be an awful doom.}}
{{Quote|{{cite quran|88|21|end=24|style=ref}}|Therefore do remind, for you are only a reminder. You are not a watcher over them; But whoever turns back and disbelieves, Allah will chastise him with the greatest chastisement.}}
{{Quote|{{cite quran|88|21|end=24|style=ref}}|Therefore do remind, for you are only a reminder. You are not a watcher over them; But whoever turns back and disbelieves, Allah will chastise him with the greatest chastisement.}}


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I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?}}
I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?}}
===Malik's Muwatta===
{{Quote|1=[http://sunnah.com/urn/414660 Muwatta Malik 36:16]|2=Malik related to me from Abd ar-Rahman ibn Muhammad ibn Abdullah ibn Abd al-Qari that his father said, "A man came to Umar ibn al- Khattab from Abu Musa al-Ashari. Umar asked after various people, and he informed him. Then Umar inquired, 'Do you have any recent news?' He said, 'Yes. A man has become a kafir after his Islam.' Umar asked, 'What have you done with him?' He said, 'We let him approach and struck off his head.' '''Umar said, 'Didn't you imprison him for three days and feed him a loaf of bread every day and call on him to tawba that he might turn in tawba and return to the command of Allah?'''' Then Umar said, 'O Allah! I was not present and I did not order it and I am not pleased since it has come to me!' "}}
===Sunan Nasa'i===
{{Quote|{{Al Nasai||5|37|4063}}|Ibn 'Abbas said:
"The Messenger of Allah [SAW] said: 'Whoever changes his religion, kill him.'"}}
{{Quote|{{Al Nasai||5|37|4073}}|It was narrated that Ibn 'Abbas said:
"A man from among the Ansar accepted Islam, then he apostatized and went back to Shirk. Then he regretted that, and sent word to his people (saying): 'Ask the Messenger of Allah [SAW], is there any repentance for me?' His people came to the Messenger of Allah [SAW] and said: 'So and so regrets (what he did), and he has told us to ask you if there is any repentance for him?' Then the Verses: 'How shall Allah guide a people who disbelieved after their Belief up to His saying: Verily, Allah is Oft-Forgiving, Most Merciful' was revealed. So he sent word to him, and he accepted Islam."}}


==Sirah==
==Sirah==
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Reliance of the Traveller: A Classic Manual of Islamic Sacred Law, by Ahmad ibn Naqib al-Misri:
Reliance of the Traveller: A Classic Manual of Islamic Sacred Law, by Ahmad ibn Naqib al-Misri:
('O:' represents a excerpt from the commentary of Sheikh ‘Umar Barakat.
'A:' represents a comment by Sheikh ‘Abd al-Wakil Durubi.
'n:' represents a comment by Sheikh Nuh ‘Ali Salman)


{{Quote|[http://www.shafiifiqh.com/maktabah/relianceoftraveller.pdf Reliance of the Traveller: A Classic Manual of Islamic Sacred Law]<BR>Ahmad ibn Naqib al-Misri, Edited and Translated by Nuh Ha Mim Keller (p. 595)<BR>Also available [https://www.thereligionofpeace.com/quran/the-reliance-of-the-traveller.pdf here]|2='''Chapter O8.0: Apostasy from Islam (Ridda)'''
{{Quote|[http://www.shafiifiqh.com/maktabah/relianceoftraveller.pdf Reliance of the Traveller: A Classic Manual of Islamic Sacred Law]<BR>Ahmad ibn Naqib al-Misri, Edited and Translated by Nuh Ha Mim Keller (p. 595)<BR>Also available [https://www.thereligionofpeace.com/quran/the-reliance-of-the-traveller.pdf here]|2='''Chapter O8.0: Apostasy from Islam (Ridda)'''
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15 to hold that any of Allah's messengers or prophets are liars, or to deny their being sent;
15 to hold that any of Allah's messengers or prophets are liars, or to deny their being sent;
(n: `Ala' al-din' Abidin adds the following:  
(n: `Ala' al-din' Abidin adds the following:  


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'''Someone who slanders Muhammad or insults one of the prophets of Islam is killed without being given the chance of repentance.'''}}
'''Someone who slanders Muhammad or insults one of the prophets of Islam is killed without being given the chance of repentance.'''}}
{{Quote|[http://www.light-of-life.com/eng/ilaw/l5721et1.htm#p19 The Case of the Female Apostate]<BR>'Abdurrahmani'l-Djaziri, The Penalties for Apostasy in Islam According to the Four Schools of Islamic Law (p. 19)|The Shafi´ites, Hanbalites and Malikites say: The verdict for the female apostate is the same as for the male. She must be called on to return to Islam for three days, prior to her death, for an evil-doer may have confused her understanding; thus the possibility exists for her being released from her confusion. Offering the apostate a time limit for repentance has been approved.
According to a tradition related by Daruqutni, quoting from Djabir b. Abdillah, the Prophet offered Islam to a woman named Ummu Rumman who had previously apostatised. Furthermore, the Prophet said, "It is good if she repents. If she does not, she is to be killed, since by apostasy she should be treated like a woman who has fought against Muslims, being taken captive in a holy war (jihad); thus it is lawful to kill her with the sword. Moreover, her guilt is far more abominable than women who are taken captive in a holy war, since she has become a Muslim."
The Prophet -- the blessing and peace of Allah be upon him -- said, "He who changes his religion must be killed"; this holds true both for men and women. The apostasy of a man calls for putting him to death. It is unanimously agreed upon that apostasy is a horrible crime deserving a horrible punishment. The apostasy of a woman is no less horrible. Therefore, it too deserves a corresponding punishment: death. }}


====Hanafi====
====Hanafi====
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1160 He replied: No
1160 He replied: No


1161 I asekd: Why, if you do not approve of the execution of women?
1161 I asked: Why, if you do not approve of the execution of women?


1162 He replied: Since some of the jurists hold that apostate women should be executed, I hold that a tort committed against them would not render [the offender] liable [for paying compensation]
1162 He replied: Since some of the jurists hold that apostate women should be executed, I hold that a tort committed against them would not render [the offender] liable [for paying compensation]
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The apostate should not be killed until he has been invited three times to repent. If he repents [he is spared], but if not, he is killed by the sword. If someone denies Allah's existence, or attributes to Him a partner, or a consort, or a son, or if he accuses Allah (Exhalted is He) of telling lies, or blasphemes him, or if he calls His Messenger a liar, or insults him, or if he denies a Prophet, or denies the Book of Allah or anything from it, or denies one of the basic pillars of Islam, or if he attributes lawfulness to something declared unlawful by the consensus of legal opinion, he is guilty of apostasy - unless he is one of those who are unaware of the religious duties and prohibitions, in which case he must be informed thereof, and if he does not accept, he is guilty of unbelief.
The apostate should not be killed until he has been invited three times to repent. If he repents [he is spared], but if not, he is killed by the sword. If someone denies Allah's existence, or attributes to Him a partner, or a consort, or a son, or if he accuses Allah (Exhalted is He) of telling lies, or blasphemes him, or if he calls His Messenger a liar, or insults him, or if he denies a Prophet, or denies the Book of Allah or anything from it, or denies one of the basic pillars of Islam, or if he attributes lawfulness to something declared unlawful by the consensus of legal opinion, he is guilty of apostasy - unless he is one of those who are unaware of the religious duties and prohibitions, in which case he must be informed thereof, and if he does not accept, he is guilty of unbelief.


The Islam of the Intelligent Minor is considered authentic. If he apostatizes, he must not be killed until he has been invited to repent, three times after his adolescence. If someone's apostasy is established, but he professes Islam, it is accepted of him. In his profession of Islam, it is sufficient for him to bear witness that there is no God but Allah, and Muhammad is Allah's messenger, unless his belief takes the form of denying a prophet, or a booxk, or an obligatory religious duty, or something of the kind, or he is convinced that Muhammad (Allah bless him and give him and peace) was sent to the Arabs exclusively, in which case it is not accepted of him until he affirms what he denies.
The Islam of the Intelligent Minor is considered authentic. If he apostatizes, he must not be killed until he has been invited to repent, three times after his adolescence. If someone's apostasy is established, but he professes Islam, it is accepted of him. In his profession of Islam, it is sufficient for him to bear witness that there is no God but Allah, and Muhammad is Allah's messenger, unless his belief takes the form of denying a prophet, or a book, or an obligatory religious duty, or something of the kind, or he is convinced that Muhammad (Allah bless him and give him and peace) was sent to the Arabs exclusively, in which case it is not accepted of him until he affirms what he denies.
 
If two spouses both apostatize, and they settle in the region of war and are taken captive, their enslavement is not permissible, nor is the enslavement of a child born to them before their apostasy, but the enslavement of teh rest of their children is permissable.}}
 
====Ja'fari (Shia Islam)====
 
Tahrir al-Wasilar by Ayatolla Khomeini:
 
{{Quote|[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), p.255-256|2=Conclusion Relating to Other Punishments
 
1-Chapter on Irtidad or Apostasy
 
'''Problem # 1.''' Under the section on inheritance, we have already mentioned the two categories of Apostate and some relevant laws. So Islam of a '''Murtad al-Fitri (an Apostate born of Muslim parents)''' shall apparently not be accepted [after he has first apostatized], '''and he shall be condemned to death if he is male''', but a woman shall not be condemned to death even if she is '''Murtadda al-Fitriya (a woman born of Muslim parents), but shall be kept in life imprisonment, and she shall be given beatings at the times of prayer, and she shall be subjected to tightening or scarcity of food.''' Her repentance shall be accepted. So if she repents, she shall be set free. '''A Murtad al-Milli (and Apostate born of non-Muslim parents) shall be asked to repent. On his refusal, he shall be condemned to death.'''
 
'''Problem # 2.''' It is a condition for the enforcement of law of apostasy that the apostate must be adult, sane, and having free will and intention. So the apostasy of a minor body has not legal value, even if he is an adolescent, nor of a lunatic, even if has periodical lunacy, nor of one under duress (mukreh), or one acting without intention as, one acting as a joke, by mistake, out of negligence and in a state of stupor. If a person becomes apostate in a state of anger in which he has lost control on himself, he shall not be governed by the law of apostasy.


'''Problem # 3.''' If some indications appear in a person that lead to apostasy, and he claims to be acting under duress with the existence of its likelihood, or lack of intention or slip of tongue with the existence of its likelihood, such excuses shall he accepted from him. If some evidence is produced about some utterance by him leading to apostasy, and he brings forth the excuses mentioned before, his claim shall be accepted.
If two spouses both apostatize, and they settle in the region of war and are taken captive, their enslavement is not permissible, nor is the enslavement of a child born to them before their apostasy, but the enslavement of the rest of their children is permissable.}}
 
'''Problem # 4.''' A child born to a Murtad al-Milli before his apostasy shall he treated as a Muslim. If he becomes an infidel after attaining adulthood, he shall be asked to repent. If he repents, (well and good), otherwise he shall be condemned to death. Likewise, the son of a Murtad al-Fitri born before his apostasy shall be treated as a Muslim. If he becomes an infidel after attaining adulthood, and similarly the son of a Muslim who becomes an intidel alter attaining adulthood before announcing their Islam, apparently both of them shall not be treated as a Martad al-Fitri, but shall be asked to repent, [if they repent, well and good, but if they refuse] they shall be condemned to death.
 
'''Problem # 5.''' If a Murtad al-Milli repeats apostasy {after once having repented], he shall be condemned to death after he apostatizes for a third time, and according to some jurists, for the fourth time, and this is a more cautious opinion.
 
'''Problem # 6.''' If a Murtad al-Milli becomes insane after apostasy but before he is asked to repent, he shall not be condemned to death. But if he becomes insane after having been asked to repent and after his refusal leading to the permissibility of shedding his blood, he shall be condemned to death, as a Murtad al-Fitri is condemned to death when he suffers insanity after apostasy.
 
'''Problem # 7.''' If a person kills a Murtad al-Milli subsequent to his repentance under the impression that he has still been apostate, some jurists are of the opinion that the killer shall be liable to undergo (Qisas). But according to the stronger opinion, he shall not be liable to Qisas. Of course, he shall be liable to pay Diyat from his property.
 
'''Problem # 8.''' If an apostate kills a muslim deliberately, his wali (or guardian shall be entitled to kill the murderer by way of Qisas. That will be precedent to his death sentence for apostasy. If the wali [of the Muslim killed by the apostate] pardons him or compromises on payment of money, the killer shall be condemned to death for apostasy.
 
'''Problem # 9.''' An apostasy is proved by the testimony of two witnesses of reputed integrity and by confession of the apostate. It is more cautious that the apostate must repent twice. But it is not established by the testimony of women alone or accompanied by men.}}


===Fatwas===
===Fatwas===
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{{Quote|1=[{{Reference archive|1=http://answering-islam.org/Hahn/statement.gif|2=2013-06-04}} What is the stand of the Islamic Law regarding the Muslim who has renounced Islam and embraced another religion?]<BR>Mufti of the Republic of Lebanon, Beirut, Fatwa issued November 13, 1989|2=The person who renounces his apostasy is not obliged to repeat the performance of everything he had accomplished prior to his apostasy (i.e., while he was still a practicing Muslim), such as the hajj (pilgrimage) and the prayers. His works will no longer be counted as having failed him, now that he has returned to Islam... Now, should the apostate (male or female) persist in his apostasy, he should be given the opportunity to repent, prior to his being put to death, out of respect for his Islam. A misunderstanding on his part may have taken place, and there would thus be an opportunity to rectify it. Often apostasy takes place on account of an offer (of inducement). So Islam must be presented to the apostate, things should be clarified, and his sin made manifest. '''He should be imprisoned for three days, so that he may have the opportunity to reflect upon his situation. This three-day period has been deemed adequate. But''' '''if the man or the woman has not repented of his or her raddah, but has continued to persist in it, then he or she should be put to death'''. (This is in harmony with) Muhammad's saying, may Allah's blessings and peace be upon him: `Kill him who changes his religion', as related by the Hadith authority, al-Bukhari, (in his Hadith collection).}}
{{Quote|1=[{{Reference archive|1=http://answering-islam.org/Hahn/statement.gif|2=2013-06-04}} What is the stand of the Islamic Law regarding the Muslim who has renounced Islam and embraced another religion?]<BR>Mufti of the Republic of Lebanon, Beirut, Fatwa issued November 13, 1989|2=The person who renounces his apostasy is not obliged to repeat the performance of everything he had accomplished prior to his apostasy (i.e., while he was still a practicing Muslim), such as the hajj (pilgrimage) and the prayers. His works will no longer be counted as having failed him, now that he has returned to Islam... Now, should the apostate (male or female) persist in his apostasy, he should be given the opportunity to repent, prior to his being put to death, out of respect for his Islam. A misunderstanding on his part may have taken place, and there would thus be an opportunity to rectify it. Often apostasy takes place on account of an offer (of inducement). So Islam must be presented to the apostate, things should be clarified, and his sin made manifest. '''He should be imprisoned for three days, so that he may have the opportunity to reflect upon his situation. This three-day period has been deemed adequate. But''' '''if the man or the woman has not repented of his or her raddah, but has continued to persist in it, then he or she should be put to death'''. (This is in harmony with) Muhammad's saying, may Allah's blessings and peace be upon him: `Kill him who changes his religion', as related by the Hadith authority, al-Bukhari, (in his Hadith collection).}}
==Shi'ites==
===Ja'fari fiqh===
Tahrir al-Wasilar by Ayatolla Khomeini:
{{Quote|[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), p.255-256|2=Conclusion Relating to Other Punishments
1-Chapter on Irtidad or Apostasy
'''Problem # 1.''' Under the section on inheritance, we have already mentioned the two categories of Apostate and some relevant laws. So Islam of a '''Murtad al-Fitri (an Apostate born of Muslim parents)''' shall apparently not be accepted [after he has first apostatized], '''and he shall be condemned to death if he is male''', but a woman shall not be condemned to death even if she is '''Murtadda al-Fitriya (a woman born of Muslim parents), but shall be kept in life imprisonment, and she shall be given beatings at the times of prayer, and she shall be subjected to tightening or scarcity of food.''' Her repentance shall be accepted. So if she repents, she shall be set free. '''A Murtad al-Milli (and Apostate born of non-Muslim parents) shall be asked to repent. On his refusal, he shall be condemned to death.'''
'''Problem # 2.''' It is a condition for the enforcement of law of apostasy that the apostate must be adult, sane, and having free will and intention. So the apostasy of a minor body has not legal value, even if he is an adolescent, nor of a lunatic, even if has periodical lunacy, nor of one under duress (mukreh), or one acting without intention as, one acting as a joke, by mistake, out of negligence and in a state of stupor. If a person becomes apostate in a state of anger in which he has lost control on himself, he shall not be governed by the law of apostasy.
'''Problem # 3.''' If some indications appear in a person that lead to apostasy, and he claims to be acting under duress with the existence of its likelihood, or lack of intention or slip of tongue with the existence of its likelihood, such excuses shall he accepted from him. If some evidence is produced about some utterance by him leading to apostasy, and he brings forth the excuses mentioned before, his claim shall be accepted.
'''Problem # 4.''' A child born to a Murtad al-Milli before his apostasy shall he treated as a Muslim. If he becomes an infidel after attaining adulthood, he shall be asked to repent. If he repents, (well and good), otherwise he shall be condemned to death. Likewise, the son of a Murtad al-Fitri born before his apostasy shall be treated as a Muslim. If he becomes an infidel after attaining adulthood, and similarly the son of a Muslim who becomes an intidel alter attaining adulthood before announcing their Islam, apparently both of them shall not be treated as a Martad al-Fitri, but shall be asked to repent, [if they repent, well and good, but if they refuse] they shall be condemned to death.
'''Problem # 5.''' If a Murtad al-Milli repeats apostasy (after once having repented], he shall be condemned to death after he apostatizes for a third time, and according to some jurists, for the fourth time, and this is a more cautious opinion.
'''Problem # 6.''' If a Murtad al-Milli becomes insane after apostasy but before he is asked to repent, he shall not be condemned to death. But if he becomes insane after having been asked to repent and after his refusal leading to the permissibility of shedding his blood, he shall be condemned to death, as a Murtad al-Fitri is condemned to death when he suffers insanity after apostasy.
'''Problem # 7.''' If a person kills a Murtad al-Milli subsequent to his repentance under the impression that he has still been apostate, some jurists are of the opinion that the killer shall be liable to undergo (Qisas). But according to the stronger opinion, he shall not be liable to Qisas. Of course, he shall be liable to pay Diyat from his property.
'''Problem # 8.''' If an apostate kills a muslim deliberately, his wali (or guardian shall be entitled to kill the murderer by way of Qisas. That will be precedent to his death sentence for apostasy. If the wali [of the Muslim killed by the apostate] pardons him or compromises on payment of money, the killer shall be condemned to death for apostasy.
'''Problem # 9.''' An apostasy is proved by the testimony of two witnesses of reputed integrity and by confession of the apostate. It is more cautious that the apostate must repent twice. But it is not established by the testimony of women alone or accompanied by men.}}


{{Core Apostasy}}
{{Core Apostasy}}
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