Qur'an, Hadith and Scholars:Apostasy

Lo! those who disbelieve after their (profession of) belief, and afterward grow violent in disbelief: their repentance will not be accepted. And such are those who are astray. Lo! those who disbelieve, and die in disbelief, the (whole) earth full of gold would not be accepted from such an one if it were offered as a ransom (for his soul). Theirs will be a painful doom and they will have no helpers.

They long that ye should disbelieve even as they disbelieve, that ye may be upon a level (with them). So choose not friends from them till they forsake their homes in the way of Allah; if they turn back (to enmity) then take them and kill them wherever ye find them, and choose no friend nor helper from among them,

O ye who believe! if any from among you turn back from his Faith, soon will Allah produce a people whom He will love as they will love Him,- lowly with the believers, mighty against the rejecters, fighting in the way of Allah, and never afraid of the reproaches of such as find fault. That is the grace of Allah, which He will bestow on whom He pleaseth. And Allah encompasseth all, and He knoweth all things.

But if they repent and keep up prayer and pay the poor-rate, they are your brethren in faith; and We make the communications clear for a people who know. And if they break their oaths after their agreement and (openly) revile your religion, then fight the leaders of unbelief-- surely their oaths are nothing-- so that they may desist.

Make ye no excuses: ye have rejected Faith after ye had accepted it. If We pardon some of you, We will punish others amongst you, for that they are in sin.

O Prophet! Strive against the disbelievers and the hypocrites! Be harsh with them. Their ultimate abode is hell, a hapless journey's end. They swear by Allah that they said nothing (wrong), yet they did say the word of disbelief, and did disbelieve after their Surrender (to Allah). And they purposed that which they could not attain, and they sought revenge only that Allah by His messenger should enrich them of His bounty. If they repent it will be better for them; and if they turn away, Allah will afflict them with a painful doom in the world and the Hereafter, and they have no protecting friend nor helper in the earth.

Therefore do remind, for you are only a reminder. You are not a watcher over them; But whoever turns back and disbelieves, Allah will chastise him with the greatest chastisement.

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 said, 'Don't punish (anybody) with Allah's Punishment.' No doubt, I would have killed them, for the Prophet said, 'If somebody (a Muslim) discards his religion, kill him.' "

Narrated Abu Burda: That the Prophet sent his (i.e. Abu Burda's) grandfather, Abu Musa and Mu'adh to Yemen and said to both of them "Facilitate things for the people (Be kind and lenient) and do not make things difficult (for people), and give them good tidings, and do not repulse them and both of you should obey each other." Abu Musa said, "O Allah's Prophet! In our land there is an alcoholic drink (prepared) from barley called Al-Mizr, and another (prepared) from honey, called Al-Bit"' The Prophet said, "All intoxicants are prohibited." Then both of them proceeded and Mu'adh asked Abu Musa, "How do you recite the Quran?" Abu Musa replied, "I recite it while I am standing, sitting or riding my riding animals, at intervals and piecemeal." Muadh said, "But I sleep and then get up. I sleep and hope for Allah's Reward for my sleep as I seek His Reward for my night prayer." Then he (i.e. Muadh) pitched a tent and they started visiting each other. Once Muadh paid a visit to Abu Musa and saw a chained man. Muadh asked, "What is this?" Abu Musa said, "(He was) a Jew who embraced Islam and has now turned apostate." Muadh said, "I will surely chop off his neck!"

Narrated 'Abdullah:

Allah's Apostle 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."

Narrated Abu Qilaba:

Once 'Umar bin 'Abdul 'Aziz sat on his throne in the courtyard of his house so that the people might gather before him. Then he admitted them and (when they came in), he said, "What do you think of Al-Qasama?" They said, "We say that it is lawful to depend on Al-Qasama in Qisas, as the previous Muslim Caliphs carried out Qisas depending on it." Then he said to me, "O Abu Qilaba! What do you say about it?" He let me appear before the people and I said, "O Chief of the Believers! You have the chiefs of the army staff and the nobles of the Arabs. If fifty of them testified that a married man had committed illegal sexual intercourse in Damascus but they had not seen him (doing so), would you stone him?" He said, "No." I said, "If fifty of them testified that a man had committed theft in Hums, would you cut off his hand though they did not see him?" He replied, "No." I said, "By Allah, Allah's Apostle never killed anyone except in one of the following three situations: (1) A person who killed somebody unjustly, was killed (in Qisas,) (2) a married person who committed illegal sexual intercourse and (3) a man who fought against Allah and His Apostle and deserted Islam and became an apostate." Then the people said, "Didn't Anas bin Malik narrate that Allah's Apostle cut off the hands of the thieves, branded their eyes and then, threw them in the sun?" I said, "I shall tell you the narration of Anas. Anas said: "Eight persons from the tribe of 'Ukl came to Allah's Apostle and gave the Pledge of allegiance for Islam (became Muslim). The climate of the place (Medina) did not suit them, so they became sick and complained about that to Allah's Apostle. He said (to them ), "Won't you go out with the shepherd of our camels and drink of the camels' milk and urine (as medicine)?" They said, "Yes." So they went out and drank the camels' milk and urine, and after they became healthy, they killed the shepherd of Allah's Apostle and took away all the camels. This news reached Allah's Apostle , so he sent (men) to follow their traces and they were captured and brought (to the Prophet). He then ordered to cut their hands and feet, and their eyes were branded with heated pieces of iron, and then he threw them in the sun till they died." I said, "What can be worse than what those people did? They deserted Islam, committed murder and theft."

Then 'Anbasa bin Said said, "By Allah, I never heard a narration like this of today." I said, "O 'Anbasa! You deny my narration?" 'Anbasa said, "No, but you have related the narration in the way it should be related. By Allah, these people are in welfare as long as this Sheikh (Abu Qilaba) is among them." I added, "Indeed in this event there has been a tradition set by Allah's Apostle. The narrator added: Some Ansari people came to the Prophet and discussed some matters with him, a man from amongst them went out and was murdered. Those people went out after him, and behold, their companion was swimming in blood. They returned to Allah's Apostle and said to him, "O Allah's Apostle, we have found our companion who had talked with us and gone out before us, swimming in blood (killed)." Allah's Apostle went out and asked them, "Whom do you suspect or whom do you think has killed him?" They said, "We think that the Jews have killed him." The Prophet sent for the Jews and asked them, "Did you kill this (person)?" They replied, "No." He asked the Al-Ansars, "Do you agree that I let fifty Jews take an oath that they have not killed him?" They said, "It matters little for the Jews to kill us all and then take false oaths." He said, "Then would you like to receive the Diya after fifty of you have taken an oath (that the Jews have killed your man)?" They said, "We will not take the oath." Then the Prophet himself paid them the Diya (Blood-money)." The narrator added, "The tribe of Hudhail repudiated one of their men (for his evil conduct) in the Pre-lslamic period of Ignorance.

Then, at a place called Al-Batha' (near Mecca), the man attacked a Yemenite family at night to steal from them, but a man from the family noticed him and struck him with his sword and killed him. The tribe of Hudhail came and captured the Yemenite and brought him to 'Umar during the Hajj season and said, "He has killed our companion." The Yemenite said, "But these people had repudiated him (i.e., their companion)." 'Umar said, "Let fifty persons of Hudhail swear that they had not repudiated him." So forty-nine of them took the oath and then a person belonging to them, came from Sham and they requested him to swear similarly, but he paid one-thousand Dirhams instead of taking the oath. They called another man instead of him and the new man shook hands with the brother of the deceased. Some people said, "We and those fifty men who had taken false oaths (Al-Qasama) set out, and when they reached a place called Nakhlah, it started raining so they entered a cave in the mountain, and the cave collapsed on those fifty men who took the false oath, and all of them died except the two persons who had shaken hands with each other. They escaped death but a stone fell on the leg of the brother of the deceased and broke it, whereupon he survived for one year and then died." I further said, "'Abdul Malik bin Marwan sentenced a man to death in Qisas (equality in punishment) for murder, basing his judgment on Al-Qasama, but later on he regretted that judgment and ordered that the names of the fifty persons who had taken the oath (Al-Qasama), be erased from the register, and he exiled them in Sham."

Narrated 'Ikrima:

Some Zanadiqa (atheists) were brought to 'Ali and he burnt them. The news of this event, reached Ibn 'Abbas who said, "If I had been in his place, I would not have burnt them, as Allah's Apostle forbade it, saying, 'Do not punish anybody with Allah's punishment (fire).' I would have killed them according to the statement of Allah's Apostle, 'Whoever changed his Islamic religion, then kill him.'"

Narrated Abu Burda:

Abu Musa said, "I came to the Prophet along with two men (from the tribe) of Ash'ariyin, one on my right and the other on my left, while Allah's Apostle was brushing his teeth (with a Siwak), and both men asked him for some employment. The Prophet said, 'O Abu Musa (O 'Abdullah bin Qais!).' I said, 'By Him Who sent you with the Truth, these two men did not tell me what was in their hearts and I did not feel (realize) that they were seeking employment.' As if I were looking now at his Siwak being drawn to a corner under his lips, and he said, 'We never (or, we do not) appoint for our affairs anyone who seeks to be employed. But O Abu Musa! (or 'Abdullah bin Qais!) Go to Yemen.'" The Prophet then sent Mu'adh bin Jabal after him and when Mu'adh reached him, he spread out a cushion for him and requested him to get down (and sit on the cushion). Behold: There was a fettered man beside Abu Musa. Mu'adh asked, "Who is this (man)?" Abu Musa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Musa requested Mu'adh to sit down but Mu'adh said, "I will not sit down till he has been killed. This is the judgment of Allah and His Apostle (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that Allah will reward me for my sleep as well as for my prayers.'"

Narrated 'Ali:

Whenever I tell you a narration from Allah's Apostle, by Allah, I would rather fall down from the sky than ascribe a false statement to him, but if I tell you something between me and you (not a Hadith) then it was indeed a trick (i.e., I may say things just to cheat my enemy). No doubt I heard Allah's Apostle saying, "During the last days there will appear some young foolish people who will say the best words but their faith will not go beyond their throats (i.e. they will have no faith) and will go out from (leave) their religion as an arrow goes out of the game. So, where-ever you find them, kill them, for who-ever kills them shall have reward on the Day of Resurrection."

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

'Abdullah (b. Mas'ud) reported Allah's Messenger (may peace be upon him) as saying: It is not permissible to take the life of a Muslim who bears testimony (to the fact that there is no god but Allah, and I am the Messenger of Allah), but in one of the three cases: the married adulterer, a life for life, and the deserter of his Din (Islam), abandoning the community.

'Abdullah (b. Mas'ud) reported: Allah's Messenger (may peace be upon him) stood up and said: By Him besides Whom there is no god but He, the blood of a Muslim who bears the testimony that there is no god but Allah, and I am His Messenger, may be lawfully shed only in case of three persons: the one who abandons Islam, and deserts the community [Ahmad, one of the narrators, is doubtful whether the Holy Prophet (may peace be upon him) used the word li'l-jama'ah or al-jama'ah), and the married adulterer, and life for life.

It has been reported on the authority of Abu Musa who said: I went to the Holy Prophet (may peace be upon him) and with me were two men from the Ash'ari tribe. One of them was on my right hand and the other on my left. Both of them made a request for a position (of authority) while the Holy Prophet (may peace be upon him) was brushing his teeth with a tooth-stick. He said (to me): Abu Musa (or 'Abdullah b. Qais), what do you say (about the request they have made)? I said: By God Who sent thee on thy mission with truth, they did not disclose to me what they had in their minds, and I did not know that they would ask for a position. The narrator says (while recalling this hadith): I visualise as if I were looking at the miswak of the Holy Prophet (may peace be upon him) between his lips. He (the Holy Prophet) said: We shall not or shall never appoint to the public offices (in our State) those who with to have them, but you may go, Abu Musa (or Abdullah b. Qais) (to take up your assignment). He sent him to Yemen as governor. then he sent Mu'adh b. jabal in his wake (to help him in the discharge of duties). When Mu'adh reached the camp of Abu Musa, the latter (received him and) said: Please get yourself down; and he spread for him a mattress, while there was a man bound hand and foot as a prisoner. Mu'adh said: Who is this? Abu Musa said: He was a Jew. He embraced Islam. Then he reverted to his false religion and became a Jew. Mu'adh said: I won't sit until he is killed according to the decree of Allah and His Apostle (may peace be upon him) (in this case). Abu Musa said: Be seated. It will be done. He said: I won't sit unless he is killed in accordance with the decree of Allah and His Apostle (may peace be upon him). He repeated these words thrice. Then Abu Musa ordered him (to be killed) and he was killed. Then the two talked of standing in prayer at night. One of them, i. e. Mu'adh, said: I sleep (for a part of the night) and stand in prayer (for a part) and I hope that I shall get the same reward for sleeping as I shall get for standing (in prayer).

Narrated Mu'adh ibn Jabal: AbuMusa said: Mu'adh came to me when I was in the Yemen. A man who was Jew embraced Islam and then retreated from Islam. When Mu'adh came, he said: I will not come down from my mount until he is killed. He was then killed. One of them said: He was asked to repent before that.

Narrated Uthman ibn Affan: AbuUmamah ibn Sahl said: We were with Uthman when he was besieged in the house. There was an entrance to the house. He who entered it heard the speech of those who were in the Bilat. Uthman then entered it. He came out to us, looking pale.

He said: They are threatening to kill me now. We said: Allah will be sufficient for you against them, Commander of the Faithful! He asked: Why kill me? I heard the Apostle of Allah (peace be upon him) say: It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed.

I swear by Allah, I have not committed fornication before or after the coming of Islam, nor did I ever want another religion for me instead of my religion since Allah gave guidance to me, nor have I killed anyone. So for what reason do you want to kill me?

"The apostle had instructed his commanders when they entered Mecca only to fight those who resisted them, except a small number who were to be killed even if they were found beneath the curtains of the Kaba. Among them was Abdullah Sa'd, brother of the B. Amir Luayy. The reason he ordered him to be killed was that he had been a Muslim and used to write down revelation; then he apostatized and returned to Quraysh [Mecca] and fled to Uthman Affan whose foster brother he was. The latter hid him until he brought him to the apostle after the situation in Mecca was tranquil, and asked that he might be granted immunity. They allege that the apostle remained silent for a long time till finally he [Muhammad] said yes [granting Abdullah immunity from the execution order]. When Uthman had left he [Muhammad] said to his companions who were sitting around him, ‘I kept silent so that one of you might get up and strike off his head!’ One of the Ansar said, "Then why didn't you give me a sign, O apostle of God?’ He answered that a prophet does not kill by pointing."

40.18b. The exceptions to that rule

The life of a Muslim is not lawful unless he apostasies after belief, commits illicit sex after he is muhsan, kills someone when it is not a case of retaliation, or engages in corruption in the earth or renounces the deen.

[ The exception to this inviolability is for a legal right, which refers to the three matters which he mentioned. In property, anyone who destroys something must pay for it.

The cases when taking life is permitted are indicated here. In the case of apostasy, he is asked to repent for three days. "Corruption in the earth" is banditry and highway robbery. Renouncing the deen is to embrace the dogma of the people of the sects about whom the Prophet, may Allah bless him and grant him peace, said, "They will pass through the deen like an arrow passes through game." In the Misbah, it goes through one side and comes out the other. ]

08.1 - "When a person who has reached puberty and is sane, voluntarily apostatizes from Islam, he deserves to be killed.”

The Shafi´ites, Hanbalites and Malikites say: The verdict for the female apostate is the same as for the male. She must be called on to return to Islam for three days, prior to her death, for an evil-doer may have confused her understanding; thus the possibility exists for her being released from her confusion. Offering the apostate a time limit for repentance has been approved.

According to a tradition related by Daruqutni, quoting from Djabir b. Abdillah, the Prophet offered Islam to a woman named Ummu Rumman who had previously apostatised. Furthermore, the Prophet said, "It is good if she repents. If she does not, she is to be killed, since by apostasy she should be treated like a woman who has fought against Muslims, being taken captive in a holy war (jihad); thus it is lawful to kill her with the sword. Moreover, her guilt is far more abominable than women who are taken captive in a holy war, since she has become a Muslim."

The Prophet -- the blessing and peace of Allah be upon him -- said, "He who changes his religion must be killed"; this holds true both for men and women. The apostasy of a man calls for putting him to death. It is unanimously agreed upon that apostasy is a horrible crime deserving a horrible punishment. The apostasy of a woman is no less horrible. Therefore, it too deserves a corresponding punishment: death.

The punishment for apostasy from the religion of Islam is execution. Allaah says (interpretation of the meaning):

“And whosoever of you turns back from his religion and dies as a disbeliever, then his deeds will be lost in this life and in the Hereafter, and they will be the dwellers of the Fire. They will abide therein forever”

[al-Baqarah 2:217]

And it was proven that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever changes his religion, execute him.” Narrated by al-Bukhaari in his Saheeh. What this hadeeth means is that whoever leaves Islam and changes to another religion and persists in that and does not repent, is to be executed. It was also proven that the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible to shed the blood of a person who bears witness that there is no god but Allaah and that I am the Messenger of Allaah except in three cases: a life for a life, a previously-married person who commits adultery, and one who leaves Islam and forsakes the jamaa’ah.” Narrated by al-Bukhaari and Muslim.

This harsh punishment is for a number of reasons:

1 – This punishment is a deterrent to anyone who wants to enter Islam just to follow the crowd or for hypocritical purposes. This will motivate him to examine the matter thoroughly and not to proceed unless he understands the consequences of that in this world and in the Hereafter. The one who announces his Islam has agreed to adhere to all the rulings of Islam of his own free will and consent, one of which rulings is that he is to be executed if he apostatizes from the faith.

2 – The one who announces his Islam has joined the jamaa’ah (main body) of the Muslims, and whoever joins the main body of the Muslims is required to be completely loyal and to support it and protect it against anything that may lead to fitnah or destroy it or cause division. Apostasy from Islam means forsaking the jamaa’ah and its divine order, and has a harmful effect on it. Execution is the greatest deterrent that will prevent people from committing such a crime.

3 – Those Muslims who are weak in faith and others who are against Islam may think that the apostate has only left Islam because of what he has found out about its real nature, because if it were the truth then he would never have turned away from it. So they learn from him all the doubts, lies and fabrications which are aimed at extinguishing the light of Islam and putting people off from it. In this case executing the apostate is obligatory, in order to protect the true religion from the defamation of the liars and to protect the faith of its adherents and remove obstacles from the path of those who are entering the faith.

4 – We also say that the death penalty exists in the modern laws of man to protect the system from disorder in some situation and to protect society against certain crimes which may cause its disintegration, such as drugs etc. If execution can serve as a deterrent to protect man-made systems, then it is more appropriate that the true religion of Allaah, which Falsehood cannot come to it from before it or behind it [cf. Fussilat 41:42], and which is all goodness, happiness and tranquility in this world and in the Hereafter should punish those who commit acts of aggression against it and seek to extinguish its light and defame its image, and who fabricate lies against it to justify their apostasy and deviation.

Fataawa al-Lajnah al-Daa’imah, 21/234-231.

Speaking of the authority of the punishment and its being genuine and based on the authentic sources of Islam, Sheikh `Attiyah Saqr, former Head of Al-Azhar Fatwa Committee, states:

"It is not right to deny the punishment of apostasy claiming that it has not been reported in the Qur'an, because it has been recorded in the mutawatir (Hadith which has been reported by at least four of the Companions in different times and places in a way that make a person sure that such Hadith is not fabricated) and the non-mutawatir Sunnah of the Prophet (peace and blessing be upon him). Hudud (Islamic punishment specified for certain crimes) may, of course, be based on the non-mutawatir Sunnah."

Detailing the issue and showing some of the evidence for the punishment of apostasy, the prominent Muslim scholar Sheikh Yusuf Al-Qaradawi, states:

"All Muslim jurists agree that the apostate is to be punished. However, they differ regarding the punishment itself. The majority of them go for killing; meaning that an apostate is to be sentenced to death.

Many authentic Hadiths have been reported in this regard. Ibn `Abbas reported that the Prophet (peace and blessings be upon him) said, "Whoever changes his religion, you kill him." (Reported by all the group except Muslim, and at-Tabarani also reported it with a sound chain of narrators. Also recorded in Majma` Az-Zawa'id by Al-Haythamiy.)

There is also the Hadith of Ibn Mas`ud that the Prophet (peace and blessings be upon him) said, "The blood of a Muslim individual who bears witness that there is no god but Allah and that I am the Messenger of Allah, is not to be shed except in three cases: in retaliation (in murder crimes), married adulterers (and adulteresses), and the one who abandons his religion and forsakes the Muslim community." (Reported by the Group)

The actual example of one of the greatest Companions, `Ali ibn Abi Talib (may Allah be pleased with him) gives credit to this also. He himself carried out the punishment on some people who had deified him. He gave them three days respite to repent and go back to their senses. When they proved adamant, he put them to fire.”

This is the ruling of Allaah and His Messenger, as the Prophet (peace and blessings of Allaah be upon him) said: "Whoever changes his religion, kill him." (reported by al-Bukhaari, al-Fath, no. 3017).

(2) The one who has known the religion which Allaah revealed, entered it and practised it, then rejected it, despised it and left it, is a person who does not deserve to live on the earth of Allaah and eat from the provision of Allaah.

(3) By leaving Islaam, the apostate opens the way for everyone who wants to leave the faith, thus spreading apostasy and encouraging it.

(4) The apostate is not to be killed without warning. Even though his crime is so great, he is given a last chance, a respite of three days in which to repent. If he repents, he will be left alone; if he does not repent, then he will be killed.

(5) If the punishment for murder and espionage (also known as high treason) is death, then what should be the punishment for the one who disbelieves in the Lord of mankind and despises and rejects His religion? Is espionage or shedding blood worse than leaving the religion of the Lord of mankind and rejecting it?

(6) None of those who bleat about personal freedom and freedom of belief would put up with a neighbour’s child hitting their child or justify this as "personal freedom," so how can they justify leaving the true religion and rejecting the sharee’ah which Allaah revealed to teach mankind about His unity and bring justice and fairness to all?

The saheeh Sunnah indicates that it is essential to put the apostate to death.

[Quotes Al-Bukhaari (6922), Al-Bukhaari (6484), and Muslim (1676)]

The general meaning of these ahaadeeth indicates that it is essential to put the apostate to death whether he is waging war on Islam (muhaarib) or not.

The view that the apostate who is to be put to death is the one who is waging war on Islam (muhaarib) only is contrary to these ahaadeeth. The Prophet (peace and blessings of Allaah be upon him) said that the reason why he should be put to death is his apostasy, not his waging war against Islam.

Undoubtedly some kinds of apostasy are more abhorrent than others, and the apostasy of one who wages war against Islam is more abhorrent than that of anyone else. Hence some of the scholars differentiated between them, and said that it is not essential to ask the muhaarib to repent or to accept his repentance; rather he should be put to death even if he repents, whereas the repentance of one who is not a muhaarib should be accepted and he should not be put to death. This is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him).

He said:

Apostasy is of two types: ordinary apostasy and extreme apostasy, for which execution is prescribed. In both cases there is evidence that it is essential to execute the apostate, but the evidence indicating that the sentence of death may be waived if the person repents does not apply to both types of apostasy. Rather the evidence indicates that that is allowed only in the first case – i.e., ordinary apostasy – as will be clear to anyone who studies the evidence that speaks about accepting the repentance of the apostate. In the second type – i.e., extreme apostasy – the obligation to put the apostate to death still stands, and there is no text or scholarly consensus to indicate that the death sentence may be waived. The two cases are quite different and there is no comparison between them. It does not say in the Qur’aan or Sunnah, or according to scholarly consensus, that everyone who apostatizes in word or deed may be spared the death sentence if he repents after he is a captured and tried. Rather the Qur’aan and Sunnah, and scholarly consensus, differentiate between the different kinds of apostates.

Al-Saarim al-Maslool, 3/696
. . .

Based on this, it is clear that what the questioner says about the apostate not being killed unless he is waging war on Islam is mistaken, and the differentiation that we have quoted from Shaykh al-Islam Ibn Taymiyah may dispel any confusion and make the matter clearer.

The person who knows the truth and believes in it, then turns his back on it, does not deserve to live. The punishment for apostasy is prescribed for the protection of the religion and as a deterrent to anyone who is thinking of leaving Islaam. There is no doubt that such a serious crime must be met with an equally weighty punishment. If the kuffaar do not give people the freedom to cross a red light, how can we give freedom to people to leave Islaam and disbelieve in Allaah when they want to?

Q: One who converted to Islam from Poland, was asked by a wicked atheist about the penalty for one who apostatizes from the religion of Almighty Allah. What should he respond? He interprets killing as restricting freedom of conscience.

A: The issue of killing the apostate is a function of the state. His judgment belongs with the Islamic government. This is not the concern of Islamic foundations, associations, or centers. A group of Salafis and Imams are of the opinion that not every apostate should be killed, but rather only those who openly commit apostasy, or call for fitna, or voice harmful things against Allah and His Prophet (peace be upon him) and the believers. [The apostate] is killed in order to protect the religion and the community from his corruption, and not to restrict freedoms, as he by his action is infringing on the rights of others. The interests of the state and the society come before individual self-interest. In truth, this issue is similar to what is termed in contemporary law as “high treason” because of the harm to the public that it causes.