Islam and Apostasy: Difference between revisions

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There are no accounts in the [[Hadiths|hadith]] considered authentic by traditional Islamic scholars of Muhammad executing apostates, largely due to the absence of individuals apostatizing during Muhammad's life. Academic historians have also shown that, despite the pretensions Islamic orthodoxy, Muhammad's original criteria for one to qualify as a 'believer' was in all likelihood a minimal monotheistic faith rather than the outright acceptance of the entirety of the Quran or Muhammad's individual dictates, which may account for the lesser number of apostates. Nonetheless, there is an incident in Sahih Bukhari where Muhammad is reported to to have banished a Bedouin who expressed the desire to discard his religion. This may, however, be due moreso to the very early Medinan stage of Islam at which this event is said to have taken place, a time when most of Islamic law and doctrine had not yet been formulated, rather than what the Islamic tradition holds to have been Muhammad's ultimate judgement on apostasy.
There are no accounts in the [[Hadiths|hadith]] considered authentic by traditional Islamic scholars of Muhammad executing apostates, largely due to the absence of individuals apostatizing during Muhammad's life. Academic historians have also shown that, despite the pretensions Islamic orthodoxy, Muhammad's original criteria for one to qualify as a 'believer' was in all likelihood a minimal monotheistic faith rather than the outright acceptance of the entirety of the Quran or Muhammad's individual dictates, which may account for the lesser number of apostates. Nonetheless, there is an incident in Sahih Bukhari where Muhammad is reported to to have banished a Bedouin who expressed the desire to discard his religion. This may, however, be due moreso to the very early Medinan stage of Islam at which this event is said to have taken place, a time when most of Islamic law and doctrine had not yet been formulated, rather than what the Islamic tradition holds to have been Muhammad's ultimate judgement on apostasy.


The ruling of execution given by Muhammad according to numerous hadith falls into sharp relief upon [[Muhammad's Death|Muhammad's death]] and under the caliphate of [[Abu Bakr Abdullah ibn Uthman|Abu Bakr]], when thousands of converts to Islam "apostatized" and were summarily killed in what became known as the ''Riddah'' (lit. "apostasy") Wars (632–633 CE). These "apostates" had, in fact, only refused to pay the [[Zakat]] tithe and not openly renounced Islam. Refusing to accept even a single part of Islamic doctrine, however, is considered apostasy, and Abu Bakr dealt with them as such, reportedly prompted by a {{Quran|9|5}}, which commands Muslims to embattle Islam's enemies until they surrender the tithe and commit to offering prayers. Abu Bakr did not bring the bloody Riddah Wars to an end until all the apostates were either killed or had reverted to Islam. Several other narrations report Muhammad's companions implementing his command and executing atheists,<ref name="apostasy" /> Christians,<ref name="Maududi">Abul Ala Maududi - [http://www.answering-islam.org/Hahn/Mawdudi/index.htm The Punishment of the Apostate According to Islamic Law] - Islamic Publications Ltd., Lahore, 1963</ref> and Jews<ref>M. Muhsin Khan (Translator) - [{{Reference archive|1=http://www.cmje.org/religious-texts/hadith/bukhari/084-sbt.php#009.084.058|2=2011-10-30}} Sahih Bukhari Volume 9, Book 84 - Dealing with Apostates, Number 58] - USC-MSA, [[Compendium of Muslim Texts]]</ref> for leaving Islam.
The ruling of execution given by Muhammad according to numerous hadith falls into sharp relief upon [[Muhammad's Death|Muhammad's death]] and under the caliphate of [[Abu Bakr Abdullah ibn Uthman|Abu Bakr]], when thousands of converts to Islam "apostatized" and were summarily killed in what became known as the ''Riddah'' (lit. "apostasy") Wars (632–633 CE). These "apostates" had, in fact, only refused to pay the [[Zakat]] tithe and not openly renounced Islam. Refusing to accept even a single part of Islamic doctrine, however, is considered apostasy, and Abu Bakr dealt with them as such, reportedly prompted by a {{Quran|9|5}}, which commands Muslims to embattle Islam's enemies until they surrender the tithe and commit to offering prayers. Abu Bakr did not bring the bloody Riddah Wars to an end until all the apostates were either killed or had reverted to Islam. Several other narrations report Muhammad's [[Sahabah|companions (''sahabah'')]] implementing his command and executing atheists,<ref name="apostasy" /> Christians,<ref name="Maududi">Abul Ala Maududi - [http://www.answering-islam.org/Hahn/Mawdudi/index.htm The Punishment of the Apostate According to Islamic Law] - Islamic Publications Ltd., Lahore, 1963</ref> and Jews<ref>M. Muhsin Khan (Translator) - [{{Reference archive|1=http://www.cmje.org/religious-texts/hadith/bukhari/084-sbt.php#009.084.058|2=2011-10-30}} Sahih Bukhari Volume 9, Book 84 - Dealing with Apostates, Number 58] - USC-MSA, [[Compendium of Muslim Texts]]</ref> for leaving Islam.


==In Islamic law==
==In Islamic law==
Islamic jurisprudence is derived from the reported words of Muhammad, especially as interpreted and implemented by the ''Rashidun'' ("rightly guided") Caliphs and his other companions.
=== In the four schools ===
{{Main|l1=[https://wikiislam.net/wiki/Qur%27an,_Hadith_and_Scholars:Apostasy#Fiqh Qur'an, Hadith and Scholars: Apostasy#Fiqh]}}
{{Main|l1=[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>
Imam Abu Hanifa’s prescription, as found in his student al-Shaybani's ''Kitab al-Siyar'', grants the apostate a period of three days to revert back to Islam before facing the death penalty. All four schools of [[Sunni]] [[Fiqh|jurisprudence]] are in agreement with this ruling, with only slight variations on whether and how the grace period and punishment are to be applied to females.<ref name="Maududi"></ref> The Hanafi school of jurisprudence, the most popular school of jurisprudence in the world today, holds that female apostates form an exception to the rule and, rather than being killed, ought to be 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 [[Shi'ism|Shia]] Islam, according to the Ja'fari school, the male is to be executed, but females imprisoned and beaten at the times of the [[Salah|daily prayers (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> All four schools also hold that the apostate must be: performing an act of free will, of adult age (beyond the puberty, in Islamic law), is of sound mind, and acting intentionally.<ref name="PetersDeVries"></ref> It is important to note that the Islamic ruling on apostasy only applies to apostates from Islam, not to those who apostatize from other religions, and especially not to those who apostatize from other religions in order to convert to Islam, as this final act is considered to be highly meritorious.
 
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>
The specific rulings for the four Sunni schools as well as the Ja'fari school of Shia Islam are as follows:


'''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.
* '''The Hanafi school''' recommends three days of imprisonment before execution to allow repentance and reversion, although the delay before killing the apostate is not mandatory. Male apostates must be executed, while female apostates must be held in solitary confinement and beaten every three days until 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.
* '''The Maliki school''' allows a waiting period of three days for repentance and reversion, after which the apostate must be killed. This applies to both males and females.


'''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.
* '''The Shafi'i school''' requires a waiting period of three days for repentance and reversion, after which the apostate must be killed. This applies to both males and females.
   
'''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:
* '''The Hanbali school''' recommends a waiting period of three days for repentance and reversion. Then, the apostate is to be invited three times to repent and revert. If the apostate refuses this invitation, they must be executed. This applies to both males and females.


'''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.
* '''The Ja'fari school''' does not require a waiting period, but allows one to be granted if the apostate was born a disbeliever (rendering them a ''murtad al-milli''). Male apostates must be executed, while female apostates must be held in solitary confinement and beaten at the times of the daily prayers and restricted to light rations of food until she repents and reverts.<ref name="PetersDeVries" /><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>


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).
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).
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