)'' a painting by
Alfred Dehodencq There are differences of opinion among Islamic scholars about whether, when and especially how apostasy in Islam should be punished. From 11th century onwards, apostasy from Islam was forbidden by Islamic law; earlier apostasy law was only applicable if a certain number of witnesses testified that there was apostasy, which for the most part was impractical. Apostasy was punishable by death and also by civil liabilities such as seizure of property, children, annulment of marriage, loss of inheritance rights.
Who qualifies for judgement for the crime of apostasy As mentioned
above, there are numerous doctrinal fine points outlined in fiqh manuals whose violation should render a (self-proclaimed) Muslim an apostate, but there are also hurdles and exacting requirements that spare violators of doctrine a conviction for apostasy in classical
fiqh. One motive for caution is that it is an act of apostasy (in Shafi'i and other fiqh) for a Muslim to accuse or describe another innocent Muslim of being an unbeliever, According to sharia, to be found guilty the accused must at the time of apostasizing be exercising free will (that is did not convert to or from Islam under duress), an adult, and of sound mind,
Death penalty In classical Islamic jurisprudence Traditional Sunnī and Shīʿa
Islamic jurisprudence (
fiqh) and their respective
schools (
maḏāhib) agree on some issuesthat male apostates should be executed, and that most but not all perpetrators should not be given a chance to repent; among the excluded are those who practice
sorcery (
subhar),
treacherous heretics (
zanādiqa), and "recidivists". whether apostasy is a violation of "the rights of God", whether apostates who were born Muslims may be spared if they repent, Unlike in other schools, it is not obligatory to call on the apostate to repent.
Apostasy from Islam is not sufficient grounds for execution in the Ḥanafī school. Apostates must also be guilty of causing
aggravated robbery or grand larceny (
ḥirābah). •
Mālikī school – allows up to ten days for recantation, after which the apostates must be killed. Apostasy from Islam is considered a
hudud crime. When post-modernist professor
Nasr Abu Zayd was found to be an apostate by an Egyptian court, it meant only an involuntary divorce from his wife (who did not want to divorce), but it put the proverbial target on his back and he fled to Europe.
Civil liabilities In Islam, apostasy has traditionally had both criminal and civil penalties. In the late 19th century, when the use of criminal penalties for apostasy fell into disuse, civil penalties were still applied. In all
madhhabs of Islam, the civil penalties include: :(a) the property of the apostate is seized and distributed to his or her Muslim relatives; :(b) his or her marriage
annulled (
faskh) (as in the case of
Nasr Abu Zayd); ::(1) if they were not married at the time of apostasy they could not get married :(c) any children removed and considered ward of the Islamic state. Hanafi Sunni school of jurisprudence allows waiting till execution, before children and property are seized; other schools do not consider this wait as mandatory but mandates time for repentance. so in addition to penal and civil penalties, loss of employment, For those who wish to remain in the Muslim community but who are considered unbelievers by other Muslims, there are also "serious forms of ostracism". These include the refusal of other Muslims to pray together with or behind a person accused of kufr, the denial of the prayer for the dead and burial in a Muslim cemetery, boycott of whatever books they have written, etc.
Supporters and opponents of death penalty ;Support among contemporary preachers and scholars committee at
Al-Azhar University in
Cairo, concerning the case of a man who
converted to Christianity: "Since he left Islam, he will be invited to express his regret. If he does not regret, he will be killed according to rights and obligations of the Islamic law." The Fatwa also mentions that the same applies to his
children if they entered Islam and left it after they reach
maturity. "The vast majority of Muslim scholars both past as well as present" consider apostasy "a crime deserving the death penalty", according to Abdul Rashided Omar, writing circa 2007. •
Abul A'la Maududi (1903–1979), who "by the time of his death had become the most widely read Muslim author of our time", according to one source. •
Mohammed al-Ghazali (1917–1996), considered an Islamic "moderate" and "preeminent" faculty member of Egypt's preeminent Islamic institution –
Al Azhar University − as well as a valuable ally of the Egyptian government in its struggle against the "growing tide of Islamic fundamentalism", was "widely credited" with contributing to the 20th century Islamic revival in the largest Arabic country,
Egypt. (Al-Ghazali was on record as declaring all those who opposed the implementation of
sharia law to be apostates who should ideally be punished by the state, but "when the state fails to punish apostates, somebody else has to do it". chairman of the
International Union of Muslim Scholars, who as of 2009 was "considered one of the most influential" Islamic scholars living. •
Zakir Naik, Indian
Islamic televangelist and
preacher, whose
Peace TV channel, reaches a reported 100 million viewers, and whose debates and talks are widely distributed, and founder of the
fatwa website
IslamQA, one of the most popular Islamic websites, and (as of November 2015 and according to Alexa.com) the world's most popular website on the topic of Islam generally (apart from the website of an Islamic bank). ;Opposing the death penalty for apostasy •
Mahmud Shaltut,
Grand Imam of Al-Azhar (1958–1963). •
Mohsen Kadivar, Director of Department of Philosophy and TheologyCenter of Scientific and Cultural Publishing, Tehran (1998–2003) and
Professor Duke University (2009–). •
Hossein-Ali Montazeri,
Grand Ayatollah and
Deputy Supreme Leader of Iran (1985–1989). •
Hussein Esmaeel al-Sadr,
Grand Ayatollah. •
Taha Jabir Alalwani (1935–2016), founder and former chairman of the
Fiqh Council of North America. •
Intisar Rabb, faculty director of the Program in Islamic Law at
Harvard Law School. •
Javed Ahmad Ghamidi, a
Pakistani
Muslim theologian,
Quran scholar. •
Tariq Ramadan,
Professor of contemporary Islamic studies at
St Antony's College, Oxford and the
Faculty of Theology and Religion, University of Oxford •
Reza Aslan, an Iranian-American scholar of religious studies and writer. •
Jonathan A.C. Brown,
Associate professor at
Georgetown University's
Edmund A. Walsh School of Foreign Service and
Alwaleed bin Talal Chair of Islamic Civilization at
Georgetown University. •
Rudolph F. Peters,
Professor of
Islamic Law at the
University of Amsterdam. •
Khaled Abou El Fadl, Omar and Azmeralda Alfi Distinguished Professor of Law at the
UCLA School of Law. •
S. A. Rahman,
5th Chief Justice of Pakistan (1968). •
Yaşar Nuri Öztürk,
Professor of
Islamic Philosophy at
Istanbul University (2008).
Rationale, arguments, criticism for and against killing apostates The question of whether apostates should be killed, has been "a matter for contentious dispute throughout Islamic history". ;For the death penalty Throughout Islamic history the Muslim community, scholars, and schools of fiqh have agreed that scripture prescribes this penalty; scripture must take precedence over reason or modern norms of human rights, as Islam is the one true religion; "no compulsion in religion" (Q.2:256) does not apply to this punishment; apostasy is "spiritual and cultural" treason; it hardly ever happens and so is not worth talking about. •
Abul A'la Maududi said that among early Muslims, among the
schools of fiqh both
Sunni and
Shia, among scholars of shari'ah "of every century ... available on record", there is unanimous agreement that the punishment for apostate is death, and that "no room whatever remains to suggest" that this penalty has not "been continuously and uninterruptedly operative" through Islamic history; evidence from early texts that Muhammad called for apostates to be killed, and that companions of Muhammad and early caliphs ordered beheadings and crucifixions of apostates and has never been declared invalid over the course of the history of Islamic theology (Christine Schirrmacher). • Verse Q.2:217 – "hindering ˹others˺ from the Path of Allah, rejecting Him, and expelling the worshippers from the Sacred Mosque is ˹a˺ greater ˹sin˺ in the sight of Allah" – indicates the punishment for apostasy from Islam is death (Mohammad Iqbal Siddiqi), Quranic verses in general "appear to justify coercion and severe punishment" for apostates (
Dale F. Eickelman). • It "does not merit discussion" because [the advocates maintain] apostasy from Islam is so rare (Ali Kettani), (Mahmud Brelvi); before the modern era, there was virtually no apostasy from Islam (Syed Barakat Ahmad). • The punishment is "rarely invoked" because there are numerous qualifications or ways for the apostate to avoid death (to be found guilty they must openly reject Islam, have made their decision without coercion, be aware of the nature of their statements, be an adult, be completely sane, refused to repent, etc.) (Religious Tolerance website). • The verse only forbids compulsion to believe "things that are wrong", when it comes to accepting the truth, compulsion is allowed (Peters and Vries explaining a traditional view). • Others maintain that verse Q.2:256 has been "
abrogated", i.e. according to classical Quranic scholars it has been overruled/cancelled by verses of Quran revealed later, (in other words, compulsion was not allowed in the very earliest days of Islam but this was changed by divine revelation a few years later) (Peters and Vries explaining traditional view). • Because "the social order of every Moslem society is Islam", apostasy constitutes "an offense" against that social order, "that may lead in the end to the destruction of this order" (Muhammad Muhiy al-Din al-Masiri). • Apostasy is usually "a psychological pretext for rebellion against worship, traditions and laws and even against the foundations of the state", and so "is often synonymous with the crime of high treason ... " (Muhammad al-Ghazali). ;Against death penalty Arguments against the death penalty include: that some scholars throughout Islamic history have opposed that punishment for apostasy; that it constitutes a form of compulsion in faith, which the Quran explicitly forbids in Q.2.256 and other verses, and that these override any other scriptural arguments; and especially that the death penalty in hadith and applied by Muhammad was for treasonous/seditious behavior, not for a change in personal belief. • How can it be claimed that there was a consensus among scholars or community (
ijma) from the beginning of Islam in favor of capital punishment when a number of
companions of Muhammad and early Islamic scholars (Ibn al-Humam, al-Marghinani,
Ibn Abbas, Sarakhsi, Ibrahim al-Nakh'i) opposed the execution of
murtadd? (
Mirza Tahir Ahmad) • In addition there have been a number of prominent
ulema (though a minority) over the centuries who argued against the death penalty for apostasy in some way, such as ... • The Maliki jurist
Abu al-Walid al-Baji (d. 474
AH) held that apostasy was liable only to a discretionary punishment (known as ''
ta'zir'') and so might not require execution. • The Hanafi jurist
Al-Sarakhsi (d. 483 AH/ 1090 CE) and Imam Ibnul Humam (d. 681
AH/ 1388 CE) and
Abd al-Rahman al-Awza'i (707–774 CE), all distinguished between non-seditious religious apostasy on the one hand and treason on the other, with execution reserved for treason. •
Ibrahim al-Nakhaʿī (50
AH/670 – 95/96 AH/717 CE) and
Sufyan al-Thawri (97 AH/716 CE – 161 AH/778 CE) as well as the Hanafi jurist
Sarakhsi (d. 1090), believed that an apostate should be asked to repent indefinitely (which would be incompatible with being sentenced to death). • There are problems with the scriptural basis for sharia commanding the execution of apostates. • Quran (see
Quran above) • Compulsion in faith is "explicitly" forbidden by the Quran ('Abd al-Muta'ali al-Sa'idi); Quranic statements on freedom of religion – 'There is no compulsion in religion. The right path has been distinguished from error' (Q.2:256) (and also 'Whoever wants, let him believe, and whoever wants, let him disbelieve,' (Q.18:29) – are "absolute and universal" statement(s) (Jonathan A.C. Brown), (
Grand Mufti Ali Gomaa), of Islam, and not abrogated by hadith or the
Sword Verse (Q.9:5), and there can be little doubt capital punishment for apostasy is incompatible with this principle – after all, if someone has the threat of death hanging over their head in a matter of faith, it cannot be said that there is "no compulsion or coercion" in their belief (Tariq Ramadan). • Neither verse Q.2:217, (Mirza Tahir Ahmad), nor any other Quranic verse say anything to indicate an apostate should be punished
in the temporal world, aka
dunyā (
S. A. Rahman), (W. Heffening), (
Wael Hallaq), • Another verse condemning apostasy – Q.4:137, "Those who believe then disbelieve, then believe again, then disbelieve and then increase in their disbelief – God will never forgive them nor guide them to the path" – makes no sense if apostasy is punished by death, because killing apostates "would not permit repeated conversion from and to Islam" (Louay M. Safi), • Hadith and Sunnah (see
hadith above) • "According to most established juristic schools, a hadith can limit the application of a general Qur'anic statement, but can never negate it", so the hadith calling for execution cannot abrogate the "There is no compulsion in religion" verse (Q.2:256) (Louay M. Safi). • The Prophet Muhammad did not call for the deaths of contemporaries who left Islam (Mohamed Ghilan) – for example, apostates like "Hishâm and 'Ayyash", or converts to Christianity, such as "Ubaydallah ibn Jahsh" – and since what The Prophet did is by definition part of the
Sunnah of Islam, this indicates "that one who changes her/his religion should not be killed" (
Tariq Ramadan). • The hadith(s) "calling for apostates to be killed" are actually referring to "what can be considered in modern terms political treason", not change in personal belief (Mohamed Ghilan), (
Mahmud Shaltut); and in fact, translating the Islamic term
ridda as simply "apostasy" – a standard practice – is really an error, as
ridda should be defined as "the public act of political secession from the Muslim community" (Jonathan Brown). • The punishment or lack for apostasy should reflect the circumstances of the Muslim community which is very different now then when the death penalty was established; • Unlike some other sharia laws, those on how to deal with apostates from Islam are not set in stone but should be adjusted according to circumstances based on what best serves the interests of society. In the past, the death penalty for leaving Islam "protected the integrity of the Muslim community", but today this goal is no longer met by punishing apostasy (Jonathan Brown). the prescription of death penalty for apostasy found in hadith was aimed at prevention of aggression against Muslims and sedition against the state (
Mahmud Shaltut); and every religion "underpinned the political and social order within ... the states they established" (Jonathan Brown); • Now the only reason to kill an apostate is to eliminate the danger of war, not because of their disbelief (
Al-Kamal ibn al-Humam 861 AH/1457 CE); • In Islamic history, laws calling for severe penalties against apostasy (and blasphemy) have not been used to protect Islam, but "almost exclusively" to either eliminate "political dissidents" or target "vulnerable religious minorities" (Javaid Rehman), which is hardly something worthy of imitating. • Executing apostates is a violation of the human right to freedom of religion, and somewhat hypocritical for a religion that enthusiastically encourages non-Muslims to apostatize from their current faith and convert to Islam (Non-Muslims and liberal Muslims).
Middle way At least some conservative jurists and preachers have attempted to reconcile following the traditional doctrine of death for apostasy while addressing the principle of freedom of religion. Some of whom argue apostasy should have a lesser penalty than death.
Zakir Naik, the Indian
Islamic televangelist and
preacher ==In practice: historical impact==