TL;DR :
- All schools of Islamic jurisprudence ruled that apostates must be put to death (Hanafi and Shi’a schools believed that a female apostate should only be imprisoned).
- Apostasy has been deemed punishable by death in Sharia because it is akin to treason in a state which has Islamic beliefs as its fundamental values.
- Some scholars of the past believed that the hadd punishment (death penalty) should only be reserved for those apostates who fight against Islam, while those who simply renounce Islam should only be given a tazir (discretionary) punishment.
- Many modern scholars believe that in an Islamic state, a Muslim who renounces their faith in a way that actively encourages others to do so or that undermines the stability of the Muslim community is subject to the apostasy punishment. One who simply leaves Islam or embraces another religion privately should be left alone.
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The Qur’an doesn’t explicitly mention any punishment for apostasy (“ridda”), but the Hadiths do :
Narrated `Abdullah:
Allah's Messenger (ﷺ) 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."
حَدَّثَنَا عُمَرُ بْنُ حَفْصٍ، حَدَّثَنَا أَبِي، حَدَّثَنَا الأَعْمَشُ، عَنْ عَبْدِ اللَّهِ بْنِ مُرَّةَ، عَنْ مَسْرُوقٍ، عَنْ عَبْدِ اللَّهِ، قَالَ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لاَ يَحِلُّ دَمُ امْرِئٍ مُسْلِمٍ يَشْهَدُ أَنْ لاَ إِلَهَ إِلاَّ اللَّهُ وَأَنِّي رَسُولُ اللَّهِ إِلاَّ بِإِحْدَى ثَلاَثٍ النَّفْسُ بِالنَّفْسِ وَالثَّيِّبُ الزَّانِي، وَالْمَارِقُ مِنَ الدِّينِ التَّارِكُ الْجَمَاعَةَ ".
—Sahih al-Bukhari 6878; In-book reference : Book 87, Hadith 17; USC-MSA web (English) reference : Vol. 9, Book 83, Hadith 17
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 (ﷺ) said, 'Don't punish (anybody) with Allah's Punishment.' No doubt, I would have killed them, for the Prophet (ﷺ) said, 'If somebody (a Muslim) discards his religion, kill him.' "
حَدَّثَنَا عَلِيُّ بْنُ عَبْدِ اللَّهِ، حَدَّثَنَا سُفْيَانُ، عَنْ أَيُّوبَ، عَنْ عِكْرِمَةَ، أَنَّ عَلِيًّا ـ رضى الله عنه ـ حَرَّقَ قَوْمًا، فَبَلَغَ ابْنَ عَبَّاسٍ فَقَالَ لَوْ كُنْتُ أَنَا لَمْ أُحَرِّقْهُمْ، لأَنَّ النَّبِيَّ صلى الله عليه وسلم قَالَ " لاَ تُعَذِّبُوا بِعَذَابِ اللَّهِ ". وَلَقَتَلْتُهُمْ كَمَا قَالَ النَّبِيُّ صلى الله عليه وسلم " مَنْ بَدَّلَ دِينَهُ فَاقْتُلُوهُ ".
—Sahih al-Bukhari 3017; In-book reference : Book 56, Hadith 226; USC-MSA web (English) reference : Vol. 4, Book 52, Hadith 260
The view among the majority of medieval jurists was that a male apostate must be put to death unless he suffers from a mental disorder or converted under duress, for example, due to an imminent danger of being killed. A female apostate must be either executed, according to Shafi'i, Maliki, and Hanbali schools of Sunni Islamic jurisprudence (fiqh), or imprisoned until she reverts to Islam as advocated by the Sunni Hanafi school and by Shi’a scholars.
Hanafi jurist and theologian Imam Ibn al-Humam (d. 681 AH) wrote in his book Fathul Qadir :
The reason to kill an apostate is only with the intent to eliminate the danger of war, and not for the reason of his disbelief. The punishment of disbelief is far greater with God. Therefore, only such an apostate shall be killed who is actively engaged in war; and usually it is a man, and not a woman. For the same reason, the Holy Prophet has forbidden to kill women. And for this very reason, an apostate female could be killed if she in fact instigates and causes war by her influence and armed force at her disposal. She is not killed because of her apostasy, but for her creating disorder (through war) on earth.
which is why in the Hanafi school, the (death) penalty for Apostasy limited for those who cause Hirabah ("waging war against Allah and His Prophet and spreading disorder in the land”) after leaving Islam, not for personal religion change.
Over the centuries a number of prominent ulema, including the Maliki jurist Abu al-Walid al-Baji(d. 474 AH) and Hanbali jurist Ibn Tayyimiyah (1263–1328), held that apostasy is not a hadd crime and thus is liable only to a discretionary punishment (ta’zir).
Some early authorities, such as Ibrahim al-Nakhai and Sufyan al-Thawri, as well as the Hanafi jurist Sarakhsi (d. 1090), believed that an apostate should be asked to repent indefinitely and never condemned to death. Sarakhsi also called for different punishments between the non-seditious religious apostasy and that of seditious and political nature, or high treason. According to him, apostasy from Islam is a great offense, but its punishment is postponed until the Day of Judgement.
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There is a sahih Hadith about apostasy which says that the person who leaves Islam and fights against Islam is meant to be killed :
Narrated Aisha, Ummul Mu'minin:
The Messenger of Allah (ﷺ) Said: The blood of a Muslim man who testifies that there is no god but Allah and that Muhammad is Allah's Apostle should not lawfully be shed except only for one of three reasons: a man who committed fornication after marriage, in which case he should be stoned; one who goes forth to fight with Allah and His Apostle, in which case he should be killed or crucified or exiled from the land; or one who commits murder for which he is killed.
حَدَّثَنَا مُحَمَّدُ بْنُ سِنَانٍ الْبَاهِلِيُّ، حَدَّثَنَا إِبْرَاهِيمُ بْنُ طَهْمَانَ، عَنْ عَبْدِ الْعَزِيزِ بْنِ رُفَيْعٍ، عَنْ عُبَيْدِ بْنِ عُمَيْرٍ، عَنْ عَائِشَةَ، رضى الله عنها قَالَتْ قَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " لاَ يَحِلُّ دَمُ امْرِئٍ مُسْلِمٍ يَشْهَدُ أَنْ لاَ إِلَهَ إِلاَّ اللَّهُ وَأَنَّ مُحَمَّدًا رَسُولُ اللَّهِ إِلاَّ بِإِحْدَى ثَلاَثٍ رَجُلٌ زَنَى بَعْدَ إِحْصَانٍ فَإِنَّهُ يُرْجَمُ وَرَجُلٌ خَرَجَ مُحَارِبًا لِلَّهِ وَرَسُولِهِ فَإِنَّهُ يُقْتَلُ أَوْ يُصْلَبُ أَوْ يُنْفَى مِنَ الأَرْضِ أَوْ يَقْتُلُ نَفْسًا فَيُقْتَلُ بِهَا " .
—Sunan Abi Dawud 4353; In-book reference : Book 40, Hadith 3; English translation : Book 39, Hadith 4339
Another sahih hadith talks about how a man requested Prophet Muhammad to cancel his pledge of allegiance to Islam, and who left Medina when the Prophet refused to do so :
Narrated Jabir:
that a Bedouin gave the pledge to the Messenger of Allah (ﷺ) for Islam, then he was afflicted by the sickness in Al-Madinah. So the Bedouin went to the Messenger of Allah (ﷺ) and said: "Take back my pledge." But the Messenger of Allah (ﷺ) refused. Then the Bedouin left and came back and said: "Take back my pledge," and he refused. Then the Messenger of Allah (ﷺ) said: "Al-Madinah is but like bellows, it expels its filth and purifies its good."
حَدَّثَنَا الأَنْصَارِيُّ، حَدَّثَنَا مَعْنٌ، حَدَّثَنَا مَالِكُ بْنُ أَنَسٍ، وَحَدَّثَنَا قُتَيْبَةُ، عَنْ مَالِكِ بْنِ أَنَسٍ، عَنْ مُحَمَّدِ بْنِ الْمُنْكَدِرِ، عَنْ جَابِرٍ، أَنَّ أَعْرَابِيًّا، بَايَعَ رَسُولَ اللَّهِ صلى الله عليه وسلم عَلَى الإِسْلاَمِ فَأَصَابَهُ وَعَكٌ بِالْمَدِينَةِ فَجَاءَ الأَعْرَابِيُّ إِلَى رَسُولِ اللَّهِ صلى الله عليه وسلم فَقَالَ أَقِلْنِي بَيْعَتِي . فَأَبَى رَسُولُ اللَّهِ صلى الله عليه وسلم فَخَرَجَ الأَعْرَابِيُّ ثُمَّ جَاءَهُ فَقَالَ أَقِلْنِي بَيْعَتِي . فَأَبَى فَخَرَجَ الأَعْرَابِيُّ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم " إِنَّمَا الْمَدِينَةُ كَالْكِيرِ تَنْفِي خَبَثَهَا وَتُنَصِّعُ طَيِّبَهَا " . قَالَ وَفِي الْبَابِ عَنْ أَبِي هُرَيْرَةَ . قَالَ وَهَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ .
—English reference : Vol. 1, Book 46, Hadith 3920; Arabic reference : Book 49, Hadith 4299
Jamal Badawi of the Fiqh Council of North America has cited the aforementioned hadith (along with other arguments) to conclude that people punished for apostasy by the Prophet were not punished for leaving Islam, but because of other crimes coupled with apostasy.
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In reference to the following hadith :
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.
حَدَّثَنِي عَبْدُ اللَّهِ بْنُ الصَّبَّاحِ، حَدَّثَنَا مَحْبُوبُ بْنُ الْحَسَنِ، حَدَّثَنَا خَالِدٌ، عَنْ حُمَيْدِ بْنِ هِلاَلٍ، عَنْ أَبِي بُرْدَةَ، عَنْ أَبِي مُوسَى، أَنَّ رَجُلاً، أَسْلَمَ ثُمَّ تَهَوَّدَ، فَأَتَى مُعَاذُ بْنُ جَبَلٍ وَهْوَ عِنْدَ أَبِي مُوسَى فَقَالَ مَا هَذَا قَالَ أَسْلَمَ ثُمَّ تَهَوَّدَ. قَالَ لاَ أَجْلِسُ حَتَّى أَقْتُلَهُ، قَضَاءُ اللَّهِ وَرَسُولِهِ صلى الله عليه وسلم.
Sahih al-Bukhari 7157; In-book reference : Book 93, Hadith 21; USC-MSA web (English) reference : Vol. 9, Book 89, Hadith 271
Abu Amina Elias, a research fellow of Yaqeen Institute of Islamic Research, has written how the punishment for apostasy were meant to be only in a specific context :
The punishment for apostasy originated due to the dangerous phenomena of hypocrisy (nifaq) that threatened the community in Medina. Hypocrisy in this sense is not simply failing to live up to one’s stated moral standards, but rather this form of hypocrisy was the deliberate attempt by the enemies of Islam to pretend to be Muslims in order to infiltrate and harm the community.
Allah said: وَقَالَت طَّائِفَةٌ مِّنْ أَهْلِ الْكِتَابِ آمِنُوا بِالَّذِي أُنزِلَ عَلَى الَّذِينَ آمَنُوا وَجْهَ النَّهَارِ وَاكْفُرُوا آخِرَهُ لَعَلَّهُمْ يَرْجِعُونَ
A faction of the People of the Book say to each other: Believe in that which was revealed to the believers at the beginning of the day and reject it at its end that perhaps they will abandon their religion. —Surah Ali Imran 3:72
Some of the Jews of Medina pretended to be Muslims outwardly with the intention of later publicizing their rejection of Islam in an attempt to shake the faith of newly converted Muslims. This was at a time when Medina was threatened with a war of extermination by the Quraish aristocracy.
Ibn Kathir reported:عَنْ مُجَاهِدٍ فِي قَوْلِهِ تَعَالَى إِخْبَارًا عَنِ الْيَهُودِ بِهَذِهِ الْآيَةِ يَعْنِي يَهُودَ صَلَّتْ مَعَ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ صَلَاةَ الْفَجْرِ وَكَفَرُوا آخِرَ النَّهَارِ مَكْرًا مِنْهُمْ لِيُرُوا النَّاسَ أَنَّ قَدْ بَدَتْ لَهُمْ مِنْهُ الضَّلَالَةُ بَعْدَ أَنْ كَانُوا اتَّبِعُوهُ
Mujahid said this verse is regarding Jews who prayed the dawn prayer with the Prophet, peace and blessings be upon him, and they disbelieved at the end of the day as a plot to turn people away, such that it appeared as if they saw misguidance after entering the religion. (Source: Tafseer Ibn Kathir 3:72)
Likewise, other hypocrites in Medina were spreading lies and rumors among the Muslims at a time when their unity was most needed. Such acts constituted a serious threat to the security of the community.
Allah said: لَّئِن لَّمْ يَنتَهِ الْمُنَافِقُونَ وَالَّذِينَ فِي قُلُوبِهِم مَّرَضٌ وَالْمُرْجِفُونَ فِي الْمَدِينَةِ لَنُغْرِيَنَّكَ بِهِمْ ثُمَّ لَا يُجَاوِرُونَكَ فِيهَا إِلَّا قَلِيلًا
If the hypocrites and those in whose hearts is disease and those who spread rumors in Medina do not cease, We will surely let you overpower them. Then they will not remain your neighbors therein except for a little while. —Surah Al-Ahzab 33:60
Therefore, the punishment for apostasy was prescribed in this specific context. It was not prescribed in order to punish the act of unbelief itself, as this is for Allah alone, but rather to protect the Muslims from the conspiracies of their enemies.
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Jonathan Brown, Director of Research at Yaqeen Institute concluded that in Sharia, a Muslim who renounces their faith in a way that actively encourages others to do so or that undermines the stability of the Muslim community is subject to the apostasy punishment. One who simply leaves Islam or embraces another religion privately is left alone.
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In 2017, Morocco’s High Religious Committee retracted its Islamic ruling from 2012 which stated that apostasy is punishable by death, and decided to permit Muslims to change their religion.
They released a statement which said:
“The most accurate understanding, and the most consistent with the Islamic legislation and the practical way of the Prophet, peace be upon him, is that the killing of the apostate is meant for the traitor of the group, the one disclosing secrets, […] the equivalent of treason in international law.”
The High Religious Committee presented the Prophet’s statement that “whoever changes his religion, kill him” in the light of his explanation “the one who leaves his religion and abandons his people.” The statement further explains that, at the time of continuous wars against the Islamic revolution in Arabia, apostates represented the threat of disclosing the secrets of new Ummah to its many enemies.
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Grand Sheikh of al-Azhar in Egypt is considered by some Muslims to be the highest authority in Sunni Islamic thought and Islamic jurisprudence. The current Sheikh of al-Azhar, Ahmad Al-Tayyeb had this to say about apostasy :
"If apostasy comes in the form of a crime, transgression, or high treason, it is only natural that it will be treated as a crime that must be fought, and must carry a certain punishment. But if apostasy does not constitute a danger or crime against society, I believe that society does not need to deal with this issue.
[…] "As I said, if an apostate has left Islam out of hatred toward it, and with the purpose of acting against it - this is considered high treason, because this is a Muslim society, which has had Islam for 1,400 years and other religions for over 5,000 years. One does not have the right to... In this case, apostasy is a rebellion against society. It is a rebellion both against religion and what is held sacrosanct by society."
[…] "The four schools of law all concur that apostasy is a crime, and that an apostate should be asked to repent, and that if he does not he should be killed."
[...]" There are two verses in the Quran that clearly mention apostasy, but they did not define a specific punishment. They left the punishment for the Hereafter, for Allah to punish them as He sees fit. But there are two hadiths [on apostasy]. According to the more reliable of the two, a Muslim can only be killed in one of three cases, one of which is abandoning his religion and leaving the community. We must examine these two expressions: 'Abandoning religion' is described as 'leaving the community.' All the early jurisprudents understood that this applies to someone who leaves his religion, regardless of whether he left and opposed his community or not. All the early jurisprudents said that such a person should be killed, regardless of whether it is a man or a woman - with the exception of the Hanafi School, which is said that a female apostate should not be killed."
"Because it is inconceivable that a woman would rebel against her community. This underscores the fact that apostasy should be punished by death only if the apostate constitutes a danger to society."
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Countries which have a death penalty for apostasy are Afghanistan, Brunei, Mauritania, Qatar, Saudi Arabia, Somalia, Sudan, UAE, and Yemen.
In Malaysia, apostasy is illegal in 5 of 13 states if they do not get conversion permission from Sharia court, and can even have a death penalty in 2 of the states. \7])
Some countries do not have actual anti-apostasy laws, however a Law of Library of Congress report states their laws on blasphemy can be also utilised to try people for apostasy. These countries include Algeria, Bahrain, Egypt, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, Oman, Pakistan, Syria, and Tunisia. \8])
Since there is a death penalty for blasphemy in Iran and Pakistan, a death sentence for apostasy is a possibility as well.
In Nigeria, there is no federal law that explicitly makes apostasy a crime. However, 12 Muslim-majority states in northern Nigeria have laws invoking Sharia, which have been used to persecute Muslim apostates. \9])
All of the countries which criminalise apostasy are Muslim-majority states; in almost half (25 out of 53) of the world’s Muslim-majority nations, apostasy is illegal — 13 of which have a death sentence for it.
Footnotes :
[1] Apostasy in Islam - Wikipedia
[2] Is Apostasy a Capital Crime in Islam?
[3] Freedom of religion and apostasy in Islam | Faith in Allah الإيمان بالله
[4] The Issue of Apostasy in Islam | Yaqeen Institute for Islamic Research
[5] Morocco’s High Religious Committee Says Apostates Should Not Be Killed
[6] Sheikh of Al-Azhar Ahmad Al-Tayyeb: In Islam, Unrepentant Apostates Should Be Killed; Homosexuality Is a Disease
[7] Malaysia can’t enforce, but penalty for leaving Islam is death, mufti reminds apostates | Malay Mail
[8] Apostasy - Wikipedia
[9] Apostasy in Islam - Wikipedia
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