Explanation of the Apostasy punishment in Islam.
The Apostasy Punishment in Islam is one of the most misunderstood things about Islam today. Not only is there is no Apostasy punishment in Islam but also Islam permits freedom of religion.
This assumption of the Apostasy punishment is based of the following Hadith
Ibn ‘Abbas said:
“The Messenger of Allah [SAW] said: ‘Whoever changes his religion, kill him.”
[1] Sunan an-Nasa’i 4059
Right of the back people might also start making the assumption that this is a indication that Islam commands to kill Apostates.
However thats not the case at all. One needs to understand the historical context and meanings of this Hadith before jumping into conclusions.
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.
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.
[2] Quran 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 writes:
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.
[3] 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.
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.
[4] Quran 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.
Apostasy is divided into two types: major and minor. Muslim scholars, using the Prophet’s traditions as their guide, have divided unbelief, idolatry, hypocrisy, and sin into major and minor categories. Likewise, there is a distinction between an apostate who intends to physically harm the community and an apostate who only spiritually harms himself.
Minor apostasy is when a person embraces Islam while knowing its virtues and later rejects it. There is no legal punishment for the minor apostate as long as they do not try to physically harm the Muslim community. Major apostasy is when a person embraces Islam while knowing its virtues and later rejects it and adds to this a call for violent rebellion against the Muslim authorities. Such a crime is equivalent to high treason and in its most severe case can carry the death penalty as an act of self-defense for the community.
Allah says in the Quran
Verily, those who believed and then disbelieved, then believed and then disbelieved and increased in disbelief, never will Allah forgive them nor will He guide them to a right way.
[5] Quran 4:137
In this verse, Allah describes a person who apostates from Islam twice and He does not prescribe legal punishment for him, but rather He only warns the apostate about severe punishment in the Hereafter. This demonstrates that the general rule is an apostate should be left alone.
Say: The truth is from your Lord. So whoever wills let him believe, and whoever wills let him disbelieve.
[6] Quran 18:29
Apostasy which punishment is required for is when a person embraces Islam and later leaves the religion while combining this with the political crime of treason. Legal punishment against such persons can only be carried out by a lawful authority according to due process, and it is not permissible for individual Muslims to carry out this punishment on their own.
The presence of political treason as a condition for punishment is made clear in an authentic tradition.
Abdullah ibn Mas’ud reported: The Messenger of Allah, peace and blessings be upon him, applied legal punishment in the following case:
The one who leaves his religion and separates from the community.
[7] Sahih Muslim 1676, Grade: Sahih
The mention of one who “separates from the community” (al-mufariq lil-jama’ah) indicates that a person is not legally punished simply for leaving Islam, but rather for high treason against the Muslim community. This phrase is associated in other traditions with rejecting loyalty to the Muslim authority.
Ibn Umar reported: The Messenger of Allah, peace and blessings be upon him, said:
One who withdraws his obedience will meet Allah on the Day of Resurrection without an argument for him, and whoever dies without swearing allegiance will have died in ignorance.
[8] Sahih Muslim 1851, Grade: Sahih
In another version of this narration, the Prophet said:
Whoever dies while he has separated from the community (al-mufariq lil-jama’ah), then he has died in ignorance.
[9] Musnad Ahmad 5526, Grade: Sahih
Indeed, some of the companions interpreted the phrase this way and described an apostate as:
One who wages war against Allah and His Messenger.
[10] Ṣaḥīḥ al-Bukhārī 4334, Grade: Sahih
From these Hadiths we can infer that one who “separates from the community” refers to one who “withdraws his obedience,” a treasonous action, not simply leaving the community as the bedouin of Medina had done.
The connection between apostasy and treason is made even clearer in a tradition in which the Prophet describes the apostate which punishment is required as:
A man who rejects Islam and wages war against Allah the Exalted and His Messenger.
[11] Sunan An-Nasa’i 4048
The companions understood this type of apostasy to involve war and sedition against the community.
Ibn Abbas said:
Whoever kills others, spreads corruption in the land, wages war against Allah and His Messenger, and joins the unbelievers before he is subdued, then there is nothing to prevent the legal punishment from being applied to him because of what he did.
[12] Sunan An-Nasa’i 4046, Grade: Sahih
Therefore, the death penalty was justified against such rebels who rejected lawful authority and committed treason against the community. This seemed to be implicitly understood by the early scholars, such as Imam Muslim who entitled a chapter of his Sahih:
“The ruling of those who wage war and commit apostasy.”
Likewise, Ibn Al-Qayyim associates apostasy with “aggression” and “assault” against religion, for which the death penalty was justified to protect lives.
Ibn Al-Qayyim writes:
As for the punishment of execution, it is reserved for the greatest offenses such as those against life, so that its punishment is of similar kind, such as the offense against the religion by assaulting it and apostatizing from it. This offense is the first to be punished by execution in order to restrain the aggression of the criminal by every punishment.
[13] I’lam Al-Muwaqi’een Volume 2 pg 74
Nevertheless, the death penalty was not uniformly applied by the Prophet and his companions. There were some cases when the ruling involved a lesser punishment or even a full pardon.
Ibn Abbas reported:
Abdullah ibn Sa’d ibn Abu Sarh would write to the Messenger of Allah but the devil deceived him and he joined the unbelievers. The Messenger of Allah ordered that he should be killed on the day of liberation, but Uthman ibn Affan sought protection for him, so the Messenger of Allah granted him protection.
[14] Sunan Abu Dawud 4358, Grade: Sahih
In this example, the Prophet pardoned the apostasy of Abdullah ibn Sarh after Uthman sought protection for him. This indicates that the punishment for apostasy is not a firm legal punishment (hadd) for which there can be no intercession, but rather it is a discretionary punishment (ta’zeer) to be applied by a qualified judge.
Abdullah ibn Sarh eventually returned to Islam, demonstrating the Prophet’s wisdom in showing mercy and forbearance. The great jurists of early Islam recognized such cases.
Al-Bayhaqi reported:
Ash-Shafi’ee said: Some people believed and then committed apostasy and then displayed faith again and the Messenger of Allah, peace and blessings be upon him, did not kill them. Ahmad said: We have narrated this regarding Abdullah ibn Abi Sarh when Satan caused him to stumble and he joined the unbelievers, then he returned to Islam. We have also narrated this regarding another man from the Ansar.
[15] Ma’rifat As-Sunan wal Athar
Moreover some Muslim scholars did not prefer death penalty when it comes to apostates related to treason.
Sufyan Ath-Thawri reported:
Amr ibn Qais and Ibrahim Al-Nakha’i said: Regarding the apostate, he should be imprisoned indefinitely.
Sufyan said: This is what we adhere to.
[16] Musnaf Abdur Razzaq 18084
Moreover death penalty is NOT ascribed to female Apostates(who have performed treason)
Ibn Abi Shayba reported: Ata’ said regarding the female apostate:
She is not to be killed.
Hasan Al-Basri said: She is not to be killed.
[17] Musnaf Ibn Abi Shayba 32083
At-Tirmidhi records:
A group of scholars said the female apostate should be imprisoned and not killed. This is the opinion of Sufyan Ath-Thawri and others among the people of Kufa.
[18] Sunan At-Tirmidhi 1458
Some the early jurists, such as As-Sarakhsi Al-Hanafi, highlighted the distinction between an apostate’s sin against Allah and his sin against the community, particularly as he argued that women apostates should not be killed because they do not post a threat against the community.
As-Sarakhsi writes:
The act of unbelief is among the greatest offences, but it is between the servant and his Lord. The recompense for it is delayed until the he reaches the abode of recompense. As for what occurs in this world, they are legislated policies for the welfare of people, such as legal retaliation for murder in order to protect life.
[19] Al-Mabsut Volume 10 pg 110
That is, the punishment for apostasy is not to punish unbelief in itself, but rather to protect the community from insurrection. Sheikh Mahmud Shaltut, the late Grand Sheikh of Al-Azhar University, also mentions this distinction and he adds that the solitary (ahad) narrations used to justify the death penalty in every case cannot overrule the far more numerous verses of the Quran.
Sheikh Mahmud Shaltut writes:
These narrations evoked various responses from the scholars, many of whom are in agreement that firm legal punishments (hudud) cannot be established by solitary narrations and that unbelief in itself does not warrant the death penalty. Indeed, the factor which determines the application of this punishment is aggression and hostility against the believers and the need to prevent possible sedition against religion. The obvious meaning in numerous verses of the Quran prohibit compulsion in religion.
[20] Al-Islam Aqidah wa Sharia 281
To summarize this
Ibn Humam writes:
It is necessary to punish apostasy with death in order to avert the evil of war, not as punishment for the act of unbelief, because the greatest punishment for that is with Allah. This punishment is specifically for those who wage war and this is for the man. For this reason, the Prophet prohibited killing women because they do not fight.
[21] Fath ul-Qadeer volume 6 pg 72
The jurists understood that legal punishments are not an end in themselves, but rather a means to achieve justice, welfare, and security. If it is possible to achieve these objectives without inflicting the maximum punishment, then it is highly recommended to do so.
Ibrahim Al-Nakha’i justified his preference for imprisonment over the death penalty, saying:
Avoid legal punishments upon the Muslims as much as you are able. If you find a way out for a Muslim, then leave it to him. Verily, for the judge to make a mistake pardoning the Muslims is better than to make a mistake punishing them.
[22] Musnaf Abdur Razzaq 18085
This sentiment is consistent with the Prophetic teaching that it is better for a judge to err in forgiveness than in punishment.
Aisha reported: The Messenger of Allah, peace and blessings be upon him, said:
Avoid legal punishments upon the Muslims as much as you are able. If the criminal has a way out, then leave him to his way. Verily, it is better for the leader to make a mistake pardoning the criminal than it is for him to make a mistake punishing the innocent.
[23] Sunan At-Tirmidhi 1424, Grade: Sahih
Indeed, the Prophet described the true believers as the most restrained of people when it comes to taking life. The believers understand that life should only be taken when it is absolutely necessary.
Abdullah ibn Mas’ud reported: The Messenger of Allah, peace and blessings be upon him, said:
The most restrained of the people regarding killing are the people of faith.
[24] Musnad Ahmad 3720, Grade: Sahih
From all of this, we understand that the death penalty for apostasy should only be applied to extreme cases of treason and sedition in which such punishment is necessary for the safety of the community. The death penalty is the maximum punishment but lesser punishments or even a full pardon may be warranted by different circumstances.
Moreover Islam does not have any penalty for Apostasy if someone wishes change his faith just because he wills to join a new religion.
The Quran is pretty clear and explicit on this fact.
There is no compulsion in religion. The truth is distinct from error.
[25] Quran 2:256
Muhammad Rashid Rida writes:
This is a major rule among the principles of the religion of Islam and a great pillar among the pillars of administration. It is not permissible to force anyone to enter the religion and it is not allowed to expel anyone among his people from his religion.
[26] Tafseer Al-Manar 2:256
This verse is also not abrogated as many falsely claim as we can see.
Moreover the Prophet also never forced anyone to convert to Islam.
Anas ibn Malik reported: The Messenger of Allah, peace and blessings be upon him, said to a man
[27] Musnad Ahmad 11650, Grade: Sahih
Embrace Islam. The man said, “I find that I dislike it.” The Prophet said: Even if you dislike it.
In this tradition, the Prophet did not call the man to Islam using threats or intimidation, but rather by telling him that Islam is good for him even if he disliked it.
Ibn Al Qayyim writes:
The Prophet never forced the religion upon anyone, but rather he only fought those who waged war against him and fought him first. As for those who made peace with him or conducted a truce, then he never fought them and he never compelled them to enter his religion.
[28] Hidayat Al-Hayara 237
There is another instance where some one apostatized and the Prophet allowed.
Jabir reported: A bedouin came to the Prophet, peace and blessings be upon him, and gave the pledge of allegiance for embracing Islam. The next day he came with a fever and said, “Please cancel my pledge.” The Prophet refused three times and he said: Medina is like a furnace. It expels its impurities and collects what is pure.
[29] Sahih Bukhari 1784, Grade: Sahih
In this example, a man rejected Islam after embracing it but the Prophet did not apply legal punishment to him. Rather he gave us a impression that even if that leaves Islam more will join it.
Furthermore, cases of major apostasy do not necessitate the death penalty if a single Muslim seeks protection for the apostate.
Ibn Abbas reported:
Abdullah ibn Sa’d ibn Abi Sarh would write to the Messenger of Allah but the devil deceived him and he joined the unbelievers. The Messenger of Allah ordered that he should be killed on the day of liberation, but Uthman ibn Affan sought protection for him, so the Messenger of Allah granted him protection.
[30] Sunan Abu Dawud 4358, Grade: Sahih
Note: This apostate was an Apostate who committed high treason(which is the Apostasy punishable by death) but despite that Uthman gave him protection
Moreover we see other Muslim rulers not giving any penalty for people commit apostasy.
Umar Ibn Al Khattab:
Anas ibn Malik reported: I said, “O commander of the faithful, some people have turned renegade against Islam and joined the idolaters. What is to be done to them other than killing?” Umar ibn al-Khattab, may Allah be pleased with him, said, “That I take hold of them on peaceful terms is more beloved to me than everything over which the sun rises, from the horizon to the zenith.” I said, “O commander of the faithful, what would you do if you took hold of them?” Umar said, “I would offer them the door through which they exited, that they would enter it again. If they did so, I would accept it from them; otherwise I would keep them in prison.”
[31] Muṣannaf ‘Abd al-Razzāq 18696
Grade: Sahih (authentic) according to Ibn Kathir
So here we can see that Umar Ibn Al Khattab. The 2nd Rashidum Caliph handled apostasy peacefully.
There was a also a another instance where this happened when someone killed apostates even Umar Ibn Al Khattab did not command to.
Muhammad ibn al-Qari reported: A man came to Umar ibn al-Khattab, may Allah be pleased with him, from Abu Musa al-Ashari. Umar asked him about the people and he informed him. Then, Umar said, “Do you have any recent news?” Abu Musa said, “Yes, a man turned back to unbelief after his Islam.” Umar said, “What have you done with him?” Abu Musa said, “We let him approach and we struck his neck.” Umar said, “Did you not imprison him for three days and feed him each day with bread and call him to repent and return to the command of Allah?” Then, Umar said, “O Allah, I was not present and I did not command it and I was not pleased when I heard it!”
[32] al-Muwaṭṭa’ 1397 by Imam Malik Grade: Hasan (fair) according to Al-Albani
Umar Abdul Aziz(Umar II)
Ma’mar reported: Some residents of the peninsula told me that some people had embraced Islam, but it was not long until they became apostates. Maymun ibn Mihran wrote to Umar Ibn Abdul Aziz, may Allah have mercy on him, regarding them and Umar wrote back saying, “Let them return to paying tribute and leave them alone.”
[33] Muṣannaf ‘Abd al-Razzāq 18102
So we can clearly him leaving them alone. Which obviously proves Islam never had any religious apostasy penalty except for high treason which was political purposes.
In conclusion, the death penalty for apostasy is restricted by the Prophet’s other statements and actions which make clear that this punishment applies only to those who commit high treason against the Muslim community.
Source:
[1] Sunan an-Nasa’i 4059
[2] Quran 3:72
[3] Tafseer Ibn Kathir 3:72
[4] Quran 33:60
[5] Quran 4:137
[6] Quran 18:29
[7] Sahih Muslim 1676
[8] Sahih Muslim 1851
[9] Musnad Ahmad 5526
[10] Ṣaḥīḥ al-Bukhārī 4334
[11] Sunan An-Nasa’i 4048
[12] Sunan An-Nasa’i 4046
[13] I’lam Al-Muwaqi’een Volume 2 pg 74
[14] Sunan Abu Dawud 4358
[15] Ma’rifat As-Sunan wal Athar
[16] Musnaf Abdur Razzaq 18084
[17] Musnaf Ibn Abi Shayba 32083
[18] Sunan At-Tirmidhi 1458
[19] Al-Mabsut Volume 10 pg 110
[20] Al-Islam Aqidah wa Sharia 281
[21] Fath ul-Qadeer 6 volume 6 pg 72
[22] Musnaf Abdur Razzaq 18085
[23] Sunan At-Tirmidhi 1424
[24] Musnad Ahmad 3720
[25] Quran 2:256
[26] Tafseer Al-Manar 2:256
[27] Musnad Ahmad 11650
[28] Hidayat Al-Hayara 237
[29] Sahih Bukhari 1784
[30] Sunan Abu Dawud 4358
[31] Muṣannaf ‘Abd al-Razzāq 18696
[32] al-Muwaṭṭa’ 1397 by Imam Malik
[33] Muṣannaf ‘Abd al-Razzāq 18102
