Death penaltyIn classical fiqhTraditional Sunni and Shia Islamic
fiqhs, or schools of jurisprudence (
maḏāhib) agree on some issues—that male apostates should be executed, and that most but not all perpetrators should not be given a chance to repent (the excluded include those who practice magic (
subhar), treacherous heretics (
zanādiqa, and recidivists").
[6] They disagree on issues such as whether women can be executed,
[127][128][129] whether apostasy is a violation of "the rights of God",
[6][130] whether apostates who were born Muslim may be spared if they repent,
[6] whether conviction requires the accused be a practicing Muslim,
[6] or whether it is enough to simply intend to commit apostasy rather than actually doing it.
[6]
- Hanafi – recommends three days of imprisonment before execution, although the delay before killing the Muslim apostate is not mandatory. Apostasy is not a Hudood crime.[131] Unlike in other schools it is not obligatory to call on the apostate to repent.[6] Apostate men must be killed, while women must be held in solitary confinement and beaten every three days till they recant and return to Islam.[132] Penalty for Apostasy limited for those who cause Hirabah after leaving Islam, not for personal religion change.[133]
- Maliki – allows up to ten days for recantation, after which the apostate must be killed. Apostasy is a Hudood crime.[131] Both men and women apostates deserve death penalty according to the traditional view of Sunni Maliki fiqh.[129] Unlike other schools, the apostate must have a history of being "good" (i.e. practicing) Muslim.[6]
- Shafi'i – waiting period of three days is required to allow the Muslim apostate time to repent and return to Islam. Failing repentance, execution is the recommended punishment for both men and women.[129] Apostasy is not a Hudood crime.[131]
- Hanbali – waiting period not necessary, but may be granted. Apostasy is a Hudood crime.[131] Execution is traditional recommended punishment for both genders of Muslim apostates.[129]
- Ja'fari – Male apostates must be executed, while a female apostate must be held in solitary confinement till she repents and returns to Islam.[129][132] Apostasy is a Hudood crime.[131] The "mere intention of unbelief" without expression qualifies as apostasy.[6] Unlike the other schools, repentance will not save a defendant from execution unless they are "national apostates" who were not born Muslims but converted to Islam before apostasizing. "Innate" apostates, who grew up Muslims and remained Muslim after puberty and until converting to another religion, should be executed whether or not they return to Islam.[6][112]
Vigilante applicationIn contemporary situations where apostates, (or alleged apostates), have ended up being killed, it is usually not be through the formal criminal justice system, especially when "a country's law does not punish apostasy."
It is not uncommon for "vigilante" Muslims to kill or attempt to kill apostates or alleged apostates (or force them to flee the country).
[15] In at least one case, (the high profile execution of
Mahmud Muhammad Taha), the victim was legally executed and the government made clear he was being executed for apostasy, but not the technical "legal basis" for his killing was another crime or crimes,
[15] namely "heresy, opposing the application of Islamic law, disturbing public security, provoking opposition against the government, and re-establishing a banned political party."
[134] When post-modernist professor
Nasr Abu Zayd was found to be an apostate by an Egyptian court, it meant only an involuntary divorce from his wife (who did not want to divorce), but it put the proverbial target on his back and he fled to Europe.
[15][135]