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Islam and Apostasy: Difference between revisions
Very important that an ex-muslim parent knows about child custody laws before coming out to their spouse. There have been some terrible cases where they did not know.
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Lightyears (talk | contribs) (Very important that an ex-muslim parent knows about child custody laws before coming out to their spouse. There have been some terrible cases where they did not know.) |
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*'''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="PetersDeVries2" /><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><ref>[http://formermuslimsunited.org/?page_id=2169 A Shiite Opinion on Apostasy] - Originally from Kayhan International, March 1986 ([https://web.archive.org/web/20111222053801/http://formermuslimsunited.org/?page_id=2169 archive])</ref> | *'''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="PetersDeVries2" /><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><ref>[http://formermuslimsunited.org/?page_id=2169 A Shiite Opinion on Apostasy] - Originally from Kayhan International, March 1986 ([https://web.archive.org/web/20111222053801/http://formermuslimsunited.org/?page_id=2169 archive])</ref> | ||
Civil law penalties for apostates who are imprisoned, awaiting execution, or who have taken flight have also been prescribed.<ref name="PetersDeVries2" /><ref>[https://islamqa.info/en/134339 islamqa.info] Fatwah 134339: Effect of apostasy on marriage before and after consummation]</ref> In all schools other than the Hanafi school, the apostate's right to dispose of property is suspended pending repentance. An apostate also loses the right to inherit (from anyone, Muslim or otherwise). The four schools and the individual jurists within them differ on whether all an apostate's property goes to their Muslim heirs, or just that acquired before his apostasy (if the apostate is a male). The apostate's marriage contract is annulled upon the act of apostasy, even if they repent, or is suspended pending repentance for the length of the wife's 'waiting period' in the Shafi'i school (if their marriage was already consummated) and Shia Ja'fari school (if the apostate was born a disbeliever). | Civil law penalties for apostates who are imprisoned, awaiting execution, or who have taken flight have also been prescribed.<ref name="PetersDeVries2" /><ref>[https://islamqa.info/en/134339 islamqa.info] Fatwah 134339: Effect of apostasy on marriage before and after consummation]</ref> In all schools other than the Hanafi school, the apostate's right to dispose of property is suspended pending repentance. An apostate also loses the right to inherit (from anyone, Muslim or otherwise). The four schools and the individual jurists within them differ on whether all an apostate's property goes to their Muslim heirs, or just that acquired before his apostasy (if the apostate is a male). | ||
The apostate's marriage contract is annulled upon the act of apostasy, even if they repent, or is suspended pending repentance for the length of the wife's 'waiting period' in the Shafi'i school (if their marriage was already consummated) and Shia Ja'fari school (if the apostate was born a disbeliever). An apostate is also disqualified from child custody (hizanat) in all the main Sunni and the Shi'a schools of jurisprudence, especially in the case of apostate mothers.<ref>[https://www.pathlegal.in/Hizanat-Under-Muslim-Law:-An-Analysis-blog-2391757 Hizanat Under Muslim Law: An Analysis] - Pathlegal.in website 22 November 2022</ref> This is explicitly the law in some Muslim countries including Malaysia, Indonesia, Oman, Jordan and Pakistan. Even child visitation rights are also sometimes at risk for an apostate mother or father. | |||
===In scripture and scholarly writing=== | ===In scripture and scholarly writing=== | ||
{{Main|Qur'an, Hadith and Scholars:Apostasy|l1=Qur'an, Hadith and Scholars: Apostasy}}Authoritative Islamic sources (the Qur'an, hadith, and both classical and modern scholars) have commented at length on what constitutes apostasy and how apostates are to be dealt with.{{quote |{{Bukhari|4|52|260}} | Narrated Ikrima: | {{Main|Qur'an, Hadith and Scholars:Apostasy|l1=Qur'an, Hadith and Scholars: Apostasy}}Authoritative Islamic sources (the Qur'an, hadith, and both classical and modern scholars) have commented at length on what constitutes apostasy and how apostates are to be dealt with.{{quote |{{Bukhari|4|52|260}} | Narrated Ikrima: | ||