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Islam and Apostasy: Difference between revisions
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Islamic jurisdiction on Apostasy is derived from the words of Muhammad and the aforementioned actions of the Caliph and other companions. If rejecting one of the [[Five Pillars of Islam|pillars of Islam]] is considered to be a crime warranting war against such people, it is only logical for the prescribed punishment for apostasy in Islam to be death. Imam Abu Hanifa’s prescript as seen in Al-Shybani's Kitab al-Siyar grants the apostate a stipulated period (no more than a couple of days) to revert back to Islam or face the death penalty. All [[Madh'hab|four schools]] of Sunni Islamic [[Fiqh|jurisprudence]] are in agreement with this ruling, with only slight variations on whether to allow the grace period and the punishment for females.<ref name="Maududi"></ref> The Hanafi school of Islamic jurisprudence believe female apostates are an exception to the rule and are not to be killed, but beaten every three days and put under confinement until death or repentance, while the remaining Shafi'i, Maliki, and Hanbali schools all agree the verdict for the female apostate is the same as for the male.<ref>'Abdurrahmani'l-Djaziri - [http://www.light-of-life.com/eng/ilaw/l5721et1.htm#p19 The Penalties for Apostasy in Islam According to the Four Schools of Islamic Law] - "The Case of the Female Apostate" (Pg. 19)</ref> In Shia Islam, the males are to be executed, but females imprisoned and beaten at the times of Salah.<ref name="PetersDeVries">Peters, R.and G.J.J.De Vries (1976-77), 'Apostasy in Islam'. Die Welt des Islams 17, 1/4:1-25 [dare.uva.nl/document/228850 pdf of the article] or [https://www.jstor.org/stable/1570336?seq=1#page_scan_tab_contents jstor article with free read access]</ref> | Islamic jurisdiction on Apostasy is derived from the words of Muhammad and the aforementioned actions of the Caliph and other companions. If rejecting one of the [[Five Pillars of Islam|pillars of Islam]] is considered to be a crime warranting war against such people, it is only logical for the prescribed punishment for apostasy in Islam to be death. Imam Abu Hanifa’s prescript as seen in Al-Shybani's Kitab al-Siyar grants the apostate a stipulated period (no more than a couple of days) to revert back to Islam or face the death penalty. All [[Madh'hab|four schools]] of Sunni Islamic [[Fiqh|jurisprudence]] are in agreement with this ruling, with only slight variations on whether to allow the grace period and the punishment for females.<ref name="Maududi"></ref> The Hanafi school of Islamic jurisprudence believe female apostates are an exception to the rule and are not to be killed, but beaten every three days and put under confinement until death or repentance, while the remaining Shafi'i, Maliki, and Hanbali schools all agree the verdict for the female apostate is the same as for the male.<ref>'Abdurrahmani'l-Djaziri - [http://www.light-of-life.com/eng/ilaw/l5721et1.htm#p19 The Penalties for Apostasy in Islam According to the Four Schools of Islamic Law] - "The Case of the Female Apostate" (Pg. 19)</ref> In Shia Islam, the males are to be executed, but females imprisoned and beaten at the times of Salah.<ref name="PetersDeVries">Peters, R.and G.J.J.De Vries (1976-77), 'Apostasy in Islam'. Die Welt des Islams 17, 1/4:1-25 [dare.uva.nl/document/228850 pdf of the article] or [https://www.jstor.org/stable/1570336?seq=1#page_scan_tab_contents jstor article with free read access]</ref> | ||
The conditions for apostasy are that the apostate is performing an act of free will, is of adult age, is of sound mind, and | The conditions for apostasy are that the apostate is performing an act of free will, is of adult age, is of sound mind, and does so intentionally.<ref name="PetersDeVries"></ref> | ||
The rulings for the four [[Madh'hab|four schools]] of Sunni Islamic [[Fiqh|jurisprudence]] and the [[w:Ja'fari_jurisprudence|Ja'fari]] school in Shia Islam can be summarised as follows:<ref name="PetersDeVries"></ref><ref>[http://www.webcitation.org/6lL25cac5 webcitation archive] Sunni books of jurisprudence (translations) quoted in The Rationaliser, [http://therationaliser.blogspot.co.uk/2014/07/apostasy-in-islam.htm Apostasy in Islam], 2014</ref> | The rulings for the four [[Madh'hab|four schools]] of Sunni Islamic [[Fiqh|jurisprudence]] and the [[w:Ja'fari_jurisprudence|Ja'fari]] school in Shia Islam can be summarised as follows:<ref name="PetersDeVries"></ref><ref>[http://www.webcitation.org/6lL25cac5 webcitation archive] Sunni books of jurisprudence (translations) quoted in The Rationaliser, [http://therationaliser.blogspot.co.uk/2014/07/apostasy-in-islam.htm Apostasy in Islam], 2014</ref><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> | ||
'''Hanafi''' - recommends three days of imprisonment before execution to allow repentance, although the delay before killing the Muslim apostate is not mandatory. Apostates who are men must be killed, states the Hanafi Sunni fiqh, while women must be held in solitary confinement and beaten every three days till they recant and return to Islam. | '''Hanafi''' - recommends three days of imprisonment before execution to allow repentance, although the delay before killing the Muslim apostate is not mandatory. Apostates who are men must be killed, states the Hanafi Sunni fiqh, while women must be held in solitary confinement and beaten every three days till they recant and return to Islam. | ||
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'''Hanbali''' - waiting period not necessary, but may be granted. Apostate is invited three times to repent. Execution is the traditionally recommended punishment for both genders of Muslim apostates. | '''Hanbali''' - waiting period not necessary, but may be granted. Apostate is invited three times to repent. Execution is the traditionally recommended punishment for both genders of Muslim apostates. | ||
'''Ja'fari''' - waiting period not necessary, but may be granted according to this Shia fiqh, but only if the apostate was born a disbeliever ( | '''Ja'fari''' - waiting period not necessary, but may be granted according to this Shia fiqh, but only if the apostate was born a disbeliever (Murtad al-Milli). Male apostate must be executed, states the Ja'fari fiqh, while a female apostate must be held in solitary confinement and beaten on the hours of salah till she repents and returns to Islam. | ||
There are also civil law penalties for apostates who are imprisoned, awaiting execution, or have taken flight.<ref name="PetersDeVries"></ref><ref>[https://islamqa.info/en/134339 islamqa.info] Fatwah 134339: Effect of apostasy on marriage before and after consummation]</ref> Except for the Hanafites, the apostate's right to dispose of his or her property is suspended pending repentance. An apostate loses the right to inherit (from anyone, Muslim or otherwise). The schools and jurists within them differ on whether all an apostate's property goes to their Muslim heirs, or just that acquired before his apostasy (if a male). The apostate's marriage contract is annulled upon the act of apostasy, even if they repent, or is suspended pending repentance within the wife's waiting period in the Shafi'i school (if already consumated) and Shia schools (if the apostate was born a disbeliever). | There are also civil law penalties for apostates who are imprisoned, awaiting execution, or have taken flight.<ref name="PetersDeVries"></ref><ref>[https://islamqa.info/en/134339 islamqa.info] Fatwah 134339: Effect of apostasy on marriage before and after consummation]</ref> Except for the Hanafites, the apostate's right to dispose of his or her property is suspended pending repentance. An apostate loses the right to inherit (from anyone, Muslim or otherwise). The schools and jurists within them differ on whether all an apostate's property goes to their Muslim heirs, or just that acquired before his apostasy (if a male). The apostate's marriage contract is annulled upon the act of apostasy, even if they repent, or is suspended pending repentance within the wife's waiting period in the Shafi'i school (if already consumated) and Shia schools (if the apostate was born a disbeliever). | ||