๐๐ข๐ ๐ญ๐ก๐ ๐๐ซ๐จ๐ฉ๐ก๐๐ญ ๐ค๐ข๐ฅ๐ฅ ๐๐ฉ๐จ๐ฌ๐ญ๐๐ญ๐๐ฌ ๐ฐ๐ก๐จ ๐ซ๐๐ง๐จ๐ฎ๐ง๐๐ ๐๐ฌ๐ฅ๐๐ฆ?
Mohamad Mostafa Nassar
Twitter:@NassarMohamadMR
In the name of Allah, the Beneficent, the Merciful
Apostasy is divided into two types: major and minor. Muslim scholars, using the Prophetโs 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 said:
ุฅูููู ุงูููุฐูููู ุขู ููููุง ุซูู ูู ููููุฑููุง ุซูู ูู ุขู ููููุง ุซูู ูู ููููุฑููุง ุซูู ูู ุงุฒูุฏูุงุฏููุง ููููุฑูุง ูููู ู ูููููู ุงูููููู ููููุบูููุฑู ููููู ู ููููุง ููููููุฏูููููู ู ุณูุจููููุง
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.
Surah An-Nisa 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, as the Quran prohibits compulsion in religion.
Allah said:
ููุง ุฅูููุฑูุงูู ููู ุงูุฏููููู ููุฏ ุชููุจูููููู ุงูุฑููุดูุฏู ู ููู ุงููุบูููู
There is no compulsion in religion. The truth is distinct from misguidance.
Surah Al-Baqarah 2:256
And He said:
ูููููู ุงููุญูููู ู ูู ุฑููุจููููู ู ููู ูู ุดูุงุกู ููููููุคูู ูู ููู ูู ุดูุงุกู ููููููููููุฑู
Say: The truth is from your Lord. So whoever wills let him believe, and whoever wills let him disbelieve.
Surah Al-Kahf 18:29
Because of this, the Prophet did not punish people simply because they rejected Islam.
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, โPlease cancel my pledge.โ The Prophet refused three times and he said:
ุงููู ูุฏููููุฉู ููุงูููููุฑู ุชูููููู ุฎูุจูุซูููุงุ ููููููุตูุนู ุทููููุจูููุง
Medina is like a furnace. It expels its impurities and collects what is pure.
Source: 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.
Regarding the major apostasy, the Prophet was clear in advising us that legal punishment is not applied to a minor apostate, but only a major apostate.
Abdullah ibn Masโud reported: The Messenger of Allah, peace and blessings be upon him, applied legal punishment in the following case:
ููุงูุชููุงุฑููู ููุฏูููููู ุงููู ูููุงุฑููู ููููุฌูู ูุงุนูุฉู
The one who leaves his religion and separates from the community.
Source: Sahih Muslim 1676, Grade: Sahih
The reference to one who โseparates from the communityโ (al-mufariq lil-jamaโah) indicates that a person is not legally punished simply for not practicing Islam, but rather for high treason against Muslim authorities. This is made even clearer in another narration in which the Prophet describes the major apostate as:
ุฑูุฌููู ููุฎูุฑูุฌู ู ููู ุงูุฅูุณููุงูู ู ููุญูุงุฑูุจู ุงูููููู ุนูุฒูู ููุฌูููู ููุฑูุณูููููู
A man who rejects Islam and wages war against Allah the Exalted and His Messenger.
Source: Sunan An-Nasaโi 4048
Ibn Abbas said:
ููู ููู ููุชููู ููุฃูููุณูุฏู ููู ุงูุฃูุฑูุถู ููุญูุงุฑูุจู ุงูููููู ููุฑูุณูููููู ุซูู ูู ููุญููู ุจูุงูููููููุงุฑู ููุจููู ุฃููู ููููุฏูุฑู ุนููููููู ููู ู ููู ูููุนููู ุฐููููู ุฃููู ููููุงู ู ููููู ุงููุญูุฏูู ุงูููุฐูู ุฃูุตูุงุจู
Whoever kills others, spreads corruption in the land, wages war against Allah and His Messenger, and he 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.
Source: Sunan An-Nasaโi 4046
Indeed, some of the companions interpreted the phrase this way and described an apostate as:
ุญูุงุฑูุจู ุงูููููู ููุฑูุณูููููู ุตููููู ุงูููููู ุนููููููู ููุณููููู ู
One who wages are against Allah and His Messenger.
Source: แนขaแธฅฤซแธฅ al-Bukhฤrฤซ 4334, Grade: Sahih
What can be understood from these narrations is that legal punishment is only applied to a person who combines apostasy with high treason. This is because the Quran prohibits compulsion in religion as a general rule and because the believers should be the most restrained of the people when it comes to taking life.
Abdullah ibn Masโud reported: The Prophet, peace and blessings be upon him, said:
ุฃูุนูููู ุงููููุงุณู ููุชูููุฉู ุฃููููู ุงููุฅููู ูุงูู
The most restrained of the people regarding killing are the people of faith.
Source: Musnad Ahmad 3720, Grade: Sahih
Furthermore, cases of major apostasy do not necessitate the death penalty if a single Muslim seeks protection for the apostate.
Ibn Abbas reported:
ููุงูู ุนูุจูุฏู ุงูููููู ุจููู ุณูุนูุฏู ุจููู ุฃูุจูู ุณูุฑูุญู ููููุชูุจู ููุฑูุณูููู ุงูููููู ุตููููู ุงูููููู ุนููููููู ููุณููููู ู ููุฃูุฒูููููู ุงูุดููููุทูุงูู ููููุญููู ุจูุงูููููููุงุฑู ููุฃูู ูุฑู ุจููู ุฑูุณูููู ุงูููููู ุตููููู ุงูููููู ุนููููููู ููุณููููู ู ุฃููู ููููุชููู ููููู ู ุงููููุชูุญู ููุงุณูุชูุฌูุงุฑู ูููู ุนูุซูู ูุงูู ุจููู ุนููููุงูู ููุฃูุฌูุงุฑููู ุฑูุณูููู ุงูููููู ุตููููู ุงูููููู ุนููููููู ููุณููููู ู
Abdullah ibn Saโd 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.
Source: Sunan Abu Dawud 4358, Grade: Sahih
In this example, a man embraced Islam and then rejected it by joining the idolaters of Mecca who at the time were waging war against the Muslims. When Mecca surrendered to the Prophet without a fight, Uthman ibn Affan sought protection for this apostate and the Prophet honored this covenant. This is because, as a general rule, the protection granted by a single Muslim should be honored by all Muslims.
Ali ibn Abu Talib reported: The Messenger of Allah, peace and blessings be upon him, said:
ุฐูู ููุฉู ุงููู ูุณูููู ูููู ููุงุญูุฏูุฉู ููุณูุนูู ุจูููุง ุฃูุฏูููุงููู ู
The covenant of the Muslims is one covenant, and they strive to fulfill it among the least of them.
Source: Sunan Al-Kubra Al-Bayhaqi 15464, Grade: Sahih
In conclusion, the death penalty for apostasy is restricted by the Prophetโs other statements and actions which make clear that this punishment applies only to those who commit high treason against the Muslim community.
Success comes from Allah, and Allah knows best.
Ruling on Rejecting a verse in the Quran or Rejects an Authentic hadith