Is punishment for leaving Islam death?

Question

It is commonly believed that if someone leaves Islam, by Sharia law the punishment is death. Is that true?

I have heard some different opinions. Dr. Zakir Naik was once asked a similar question and he responded that the punishment is death only if you tarnish Islam image in public and are publically against it. In that scenario the situation is similar to a revolt against an Army and hence punishment in that case is death.

However, Islam is not an Army but a religion. What is the correct verdict in this regard?

Answer 1

Yes, it is true that leaving Islam, in an Islamic state, can be a reason for someone to be put to death. Note the caveat: in an Islamic state. We do not have any Islamic state today; only Muslim countries who mix some parts of Islamic law with other types of law.

I think the question you're asking is more about why this might be the case. As you mentioned, Zakir Naik mentioned some points about tarnishing the image of Islam.

Consider also the following cases, as happened historically around the time of the Prophet (peace be upon him): individuals and groups who fought against Islam would enter Islam in the morning, leave it in the evening, and declare it to be false. Not because of any flaw of the deen, but in order to attack and denounce it further. There are some historical accounts of this happening.

One of the benefits and reasons that Allah declared this law, therefore, can be for the protection of the religion itself (which is one of the five aims of Islamic law).

Allah knows best; sometimes we know the reasoning and benefits behind certain laws of Islam, and sometimes we don't. As Muslims, we only need to submit, we do not need to understand the intricacies of each issue and the proofs surrounding it.

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In response to some comments about Muslim countries versus Islamic states: Muslim countries are Muslim countries, not Islamic states. Their rulers pick and choose what laws they want -- Islamic, British, secular, or personal whims, often against Islam itself. Will they implement Islamic law, or this particular part of it? I don't know.

Are we all obliged to rule by the law of Allah?

Yes. Allah says:

Translation: But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge concerning that over which they dispute among themselves and then find within themselves no discomfort from what you have judged and submit in [full, willing] submission. (Surah Nisaa, verse 65)

Another verse criticizes the People of the Book for throwing away Allah's law after it was revealed to them:

Translation: [Say], "Then is it other than Allah I should seek as judge while it is He who has revealed to you the Book explained in detail?" And those to whom We [previously] gave the Scripture know that it is sent down from your Lord in truth, so never be among the doubters. (Surah An'aam, verse 114)

Allah describes and depicts the correct attitude of the believers:

Translation: The only statement of the [true] believers when they are called to Allah and His Messenger to judge between them is that they say, "We hear and we obey." And those are the successful. (Surat An-Noor, verse 51)

Islamic law applies to Islamic states. If you're not living in an Islamic state, then you need to worry about local laws, not the laws of an Islamic state.

Answer 2

I have three points to make:

1. For a hadith like "If somebody changes his religion, kill him", the following context is present in the Muwatta:

   It is related from ‘Ikrima that ‘Ali burnt some people and that reached Ibn ‘Abbas who said, “If it had been me, I would not have burned them because the Prophet, may Allah bless him and grant him peace, said, ‘Do not punish with Allah’s punishment.’ I would have killed them as the Prophet, may Allah bless him and grant him peace, said, ‘If someone changes his religion, kill him.’” Book 21, 15

The context is somewhat unclear here, as someone else is narrating Ibn 'Abbas' reference to something the Prophet said in the past tense in a rather unclear situation. It is possible that the Prophet was speaking in reference to the people who made a theatrical/hypocritical show of conversion to Islam or more seriously, to discover the Muslim armies military weaknesses and report back to the enemy if this event occurred during the wars fought by the Muslims. Hence can make the argument that this is not advocating violence against people who are deemed to have "changed their religion."

2. The following is an example of how the Prophet dealt with apostasy:

   A bedouin gave the Pledge of allegiance to Allah's Apostle for Islam. Then the bedouin got fever at Medina, came to Allah's Apostle and said, "O Allah's Apostle! Cancel my Pledge," But Allah's Apostle refused. Then he came to him (again) and said, "O Allah's Apostle! Cancel my Pledge." But the Prophet refused Then he came to him (again) and said, "O Allah's Apostle! Cancel my Pledge." But the Prophet refused. The bedouin finally went out (of Medina) whereupon Allah's Apostle said, "Medina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good. Sahih al-Bukhari, Vol. 9, #318

   Notably, as Dr. M. E. Subhani explained in his book:

   This was an open case of apostasy. But the Prophet neither punished the Bedouin nor asked anyone to do it. He allowed him to leave Madina (of his own will). Nobody harmed him.” [Apostasy in Islam (New Delhi, India: Global Media Publications, 2005), pp. 23-24.]

3. This is the earliest musannaf (a hadith collection arranged in topical chapters) work in existence:

   Some people accepted Islam during the period of Umar bin Abdul Aziz, who is called the fifth rightful caliph of Islam. All these people renounced Islam sometimes later. Maimoon bin Mahran the governor of the area wrote to the caliph about these people. In reply Umar bin Abdul Aziz ordered him to release those people and asked him to re-impose jizya on them. [Musannaf Abdur Razzaq, pp. 171-10, cited in M. E. Subhani,Apostasy in Islam (New Delhi, India: Global Media Publications, 2005), pp. 23-24. Abdur Razzaq ibn Humama (d. 211 AH). ]

One more point worth mentioning: in the hadith mentioned in point 1, the word "religion" has been brazenly translated from the Arabic word "din". This is a mistranslation, as din does not stand for religion properly, but it "sort of" means way of life. The Arabic language does not even have a word for religion, strictly speaking: the word din, customarily translated as such, differs in significant important respects from the European concept. (From the book The Meaning and end of religion by W.C. Smith).

Answer 3

A Muslim who turns back from Islam and returns to disbelief is called a مرتد (murtad) in Islamic jurisprudence.

The basis of this is the usage of the term in the Quran:

ومن يرتدد منكم عن دينه فيمت وهو كافر فأولئك حبطت أعمالهم في الدنيا والآخرة

And whoever of you reverts from his religion [to disbelief] and dies while he is a disbeliever - for those, their deeds have become worthless in this world and the Hereafter

^{— Quran 2:217}

يردوكم بعد إيمانكم كافرين

they would turn you back, after your belief, [to being] unbelievers.

^{— Quran 3:100}

There is no condition of treason, tarnishing the image of Islam or fighting or harming Muslims. Such a requisite is neither present in the Quranic usage of the term, nor in hadith that detail the rules about them, nor do any of the jurists impose such a condition.

وتختص الردة - في الاصطلاح الفقهي - بالكفر بعد الإسلام. وكل مسلم ارتد فإنه يقتل إن لم يتب، إلا المرأة عند الحنفية فإنها تحبس

Apostasy is defined - in the terminology of jurisprudence - as Kufr after Islam. And every Muslim who apostatizes will be executed if he does not repent, except a woman near the Hanafis for she will be imprisoned.

^{— Mawsoo‘ah al-Fiqhiyyah}

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Regarding the legal punishment for apostasy: the person is imprisoned and asked to repent and revert to Islam. When a set period of time elapses on them in this state and they continue to refuse, then they are executed. If they revert, they are set free. The Hanafis do not execute a female apostate and would keep her imprisoned until she reverts, whereas the others do not make a difference between male and female apostates.

وإذا ارتد المسلم عن الإسلام والعياذ بالله عرض عليه الإسلام فإن كانت له شبهة كشفت عنه " لأنه عساه اعترته شبهة فتزاح وفيه دفع شره بأحسن الأمرين

If a Muslim leaves Islam then he should be asked to revert to Islam. If he has any doubts then these should be resolved, because it is possible that some doubt has arisen and this should be removed so that the better of the two outcomes is chosen (repentance and return to Islam rather than execution).

ويحبس ثلاثة أيام فإن أسلم وإلا قتل

He should be imprisoned for three days, after which if he accepts Islam then he is freed, otherwise he is to be killed.

^{— الهداية في شرح بداية by Marghinani}

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The punishment of apostasy is corroborated in the Quran, see my answer on: Death penalty for Apostasy according to Quran?

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Some ahadith which form the basis of the punishment for apostasy include:

من بدل دينه فاقتلوه

Whoever changes his religion, kill him.

^{— Bukhari}

من غير دينه فاضربوا عنقه

If someone changes his religion strike his neck.

^{— Muwatta Malik}

لا يحل دم امرئ مسلم إلا بإحدى ثلاث ... والتارك لدينه المفارق للجماعة

It is not permissible to spill the blood of a Muslim except in three [instances]: ... and the one who forsakes his religion and separates from the community.

^{— Muslim}

لا يحل دم امرئ مسلم إلا ... كفر بعد إسلامه

It is not permissible to shed the blood of a Muslim, except ... one who reverted to Kufr after becoming Muslim

^{— Nisai}

وإذا رجل عنده موثق قال ما هذا قال هذا كان يهوديا فأسلم ثم راجع دينه دين السوء فتهود قال لا أجلس حتى يقتل قضاء الله ورسوله

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 Messenger (ﷺ)

^{— Muslim}

عن معاذ بن جبل ، أن رسول الله صلى الله عليه وسلم قال له حين بعثه إلى اليمن : أيما رجل ارتد عن الإسلام فادعه ، فإن تاب فاقبل منه ، وإن لم يتب فاضرب عنقه

Muadh bin Jabal narrated that when the Messenger of Allah ﷺ sent him to Yemen he said:

The person who leaves Islam, invite him to return to Islam. If he repents then accept his conversion. If he does not repent then strike his neck.

^{— Mu'jam Al Kabir of Tabarani}

سمعت رسول الله صلى الله عليه وسلم يقول لهما حين قرآ كتاب مسيلمة ‏"‏ ما تقولان أنتما ‏"‏ قالا نقول كما قال ‏.‏ قال ‏"‏ أما والله لولا أن الرسل لا تقتل لضربت أعناقكما

I heard the Messenger of Allah (ﷺ) say when he read the letter of Musaylimah: What do you believe yourselves? They said: We believe as he believes. He said: I swear by Allah that were it not that messengers are not killed, I would cut off your heads.

^{— Sunan Abi Dawud}

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There is Ijma (consensus) on executing apostates:

وأجمع أهل العلم على وجوب قتل المرتد . وروي ذلك عن أبي بكر ، وعمر وعثمان ، وعلي ، ومعاذ ، وأبي موسى ، وابن عباس ، وخالد ، وغيرهم ، ولم ينكر ذلك ، فكان إجماعا

There is the consensus of the people of knowledge on the obligation of killing an apostate (male). This has been narrated on the authority of Abu Bakr, Umar, Usman, Ali, Mudath, Abu Musa, Ibn Abbas, Khalid, and others. None have denied it, hence it is a matter of consensus.

^{— المغني by Ibn Qudaymah}

فيه وجوب قتل المرتد ، وقد أجمعوا على قتله ، لكن اختلفوا في استتابته ، هل هي واجبة أم مستحبة ؟ وفي قدرها وفي قبول توبته ، وفي أن المرأة كالرجل في ذلك أم لا ؟

On the obligation of killing an apostate. And there is consensus on killing them. But there is difference on asking them to repent, whether it is obligatory recommended, the number of times that they must be asked to repent, whether their repentance is accepted and whether the rules for a female are different from a male.

^{— شرح النووي على مسلم by Nawawi}

واتفق الأئمة الأربعة عليهم رحمه الله تعالى: على أن من ثبت ارتداده عن الإسلام والعياذ بالله وجب قتله

The four Imams are agreed that if it is proven that a man has reverted from Islam then it is obligatory to kill him

^{— الفقه على المذاهب الأربعة by Jaziri}

وقد اتفق العلماء على وجوب قتل المرتد، لقوله صلّى الله عليه وسلم: «من بدل دينه فاقتلوه» (2) وقوله عليه السلام: «لا يحل دم امرئ مسلم إلا بإحدى ثلاث: الثيب الزاني، والنفس بالنفس، والتارك لدينه المفارق للجماعة» (3)۔

The Ulema are agreed on the obligation of killing an apostate, because of the saying of the Prophet: "Whoever changes his religion, kill him." (2) and "It is not permissible to spill the blood of a Muslim except in three [instances]: the married person who commits adultery, a life for a life, and the one who forsakes his religion and separates from the community." (3)

وأجمع أهل العلم على وجوب قتل المرتد، وكذا تقتل المرأة المرتدة عند جمهور العلماء غير الحنفية

There is consensus of the people of knowledge on the obligation of killing a (male) apostate; and on killing a female apostate (there is consensus) of the majority, except the Hanafis.

^{— الفقه الإسلامي وأدلته by Zuhayli}

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Answer 4

Apostasy is an issue that has caused debate for quite sometime. In the end, the answer does should not apply to any people today since there is no Islamic state to uphold the judgement. And anyone who is carrying our Shari'ah criminal punishment is doing so against the Islamic law, since that would require an Islamic state with an established court. That being said, let's see how well I can answer this.

There are two types of apostasy in Islam. Simply Apostasy and Complete Apostasy. Let's look first at the two different definitions of these terms.

Simple Apostasy = No longer wishing to follow the Muslim faith and simply wishing to practice a separate religion other than Islam.

Complete Apostasy = Rejecting the faith of Islam while simultaneously attempting to undermine the Islamic state via violence or civil disorder by joining in the enemies of Islam in the sense of waging war on Muslims.

There is a consensus among scholars that complete apostates should be put to death. It basically equals the treason law that many countries follow. It is when you get to the idea of execution for simple apostasy you start seeing the differences of opinion.

It is the consensus of all four schools of thought within the Sunni tradition that apostates should be executed, however the argument comes from the question if these apostates are simple or complete apostates. Many people who support the execution law will quote the founding scholars of the four schools of thought saying that apostasy should be punished with execution, however, I have not seen any evidence explaining which types of apostates they are referring too. It also must be noted that some of the schools of thought traditionally supported the idea of fallibility among scholars and that fatwas were not the "rulings of God" but rather the opinions of those scholars. Traditionally the Hanafi school of though, the largest school of thought, even stated that fatwas be limited to specific times and places according to Islamic scholar Hamza Yusuf.

Bearing all of this in mind let us look at the Quran. Apostasy is mentioned 26 times in the Quran but yet there is no earthly punishment mentioned within the Quran. Muhammad himself was confronted with multiple apostates during his lifetime and there is no recorded evidence of him putting those apostates to death. Rather, he simply let them leave as long as they were peaceful about it.

There are also many quotes from the Quran that agree with this stance:

There is no compulsion in religion. Right has become distinct from wrong. So whoever rejects evil and puts faith in God has grasped the most trustworthy hand-hold that never breaks. And God is hearing, knowing. (2:256)

The apostasy law is first thought to gain large support during a time of struggle and religious upheaval within the time of the Islamic state. Bearing that in mind it's easy to see why the four schools of thought came down so hard on this decision, it was created as a way of protecting the state and religion during that time.

It is my firm belief from the research that I have done that there is no call for execution for simple apostasy within Islam. And, unfortunately, the apostasy law has been twisted to encompass people outside of it's original meaning.

Allow me to be clear, this seems to be a minority opinion based on the people I have dealt with. But I hope that it provides some insight into the debate. Since I am a new user, I can only post two links within my sources. I've provided the two that I feel best present my argument. One is a detailed look at the apostasy law, and the other is a video explaining how scholarly issued fatwas can become twisted into the dichotomy of the religion. I hope that you find the satisfactory.

Sources ##

http://www.youtube.com/watch?list=WLEAE27E576DF00F97&v=qY17d4ZhY8M&feature=player_detailpge#t=1712s

http://www.islamicperspectives.com/Apostasy1.htm

Answer 5

Yes, the hadith commands us to kill those that apostatize, however, not in our capacity as individuals but in the capacity of the State... It is an instruction to the Islamic Ruler and Islamic judges... In this era when the Khilafah does not exist, the rule is not accurately applied, which is why we need to re-establish one...

Read Why Islam is harsh regarding apostasy for explanation on this to contextualize it within the Islamic framework

Answer 6

My answer is purely an opinion and not backed with extensive study on law and history.

So I was asking myself what I would do if I have to create a stable environment of peace and have to protect this environment from people who refuse peace. You could let those people leave, so the environment keeps clean. But what if they disturb the peace and they won't leave, than you can put them in jail if jails exist in the time of our Prophet Mohammed (pbuh). What if they hurt people, rape women, abuse slaves and so on in a time where it's hard to find justice? Because that is when you leave Islamic faith 1400 years ago. I think the punishment would be much bigger, right. The problem is, we're not robots to make a simple decision Yes or No. We're humans, so if someone decides to leave Islam, we should understand why, what's the consequence and what are the necessary steps to take for protecting the Islamic religion. No one likes killing, except extremists, and a Muslim is not a murderer, but a believer of our Creator Who give us love, forgiveness, care, patient, even a smile, Subhanlah. May Allah guide us all.

Answer 7

I remember the verses in Al-Kahfi related to this. It's about Prophet Moses and Khidr. One of three things Khidr show to Prophet Moses is about him (Khidr) killed a boy.

فَانطَلَقَا حَتَّىٰ إِذَا لَقِيَا غُلَامًا فَقَتَلَهُ قَالَ أَقَتَلْتَ نَفْسًا زَكِيَّةً بِغَيْرِ نَفْسٍ لَّقَدْ جِئْتَ شَيْئًا نُّكْرًا

So they set out, until they met a boy, al-Khidhr killed him. [Moses] said, "Have you killed a pure soul for other than [having killed] a soul? You have certainly done a deplorable thing." (QS. Al-Kahfi 18: 74)

After a while, Khidr explain the reason behind his action,

وَأَمَّا الْغُلَامُ فَكَانَ أَبَوَاهُ مُؤْمِنَيْنِ فَخَشِينَا أَن يُرْهِقَهُمَا طُغْيَانًا وَكُفْرًا

And as for the boy, his parents were believers, and we feared that he would overburden them by transgression and disbelief. (QS. Al-Kahfi 18: 80)

فَأَرَدْنَا أَن يُبْدِلَهُمَا رَبُّهُمَا خَيْرًا مِّنْهُ زَكَاةً وَأَقْرَبَ رُحْمًا

So we intended that their Lord should substitute for them one better than him in purity and nearer to mercy. (QS. Al-Kahfi 18: 81)

Khidr act with God's revelation, to show that the punishment of disbelief is sometimes death. With all the requisites of it. Allahu a'lam.

Answer 8

An apostate may be interrogated on the reasons for his actions and on feeling regrets he may be pardoned. The apostate's citizenship is an important consideration. Islam has no jurisdiction over non-Muslim secular nations except protesting by diplomatic channels and the UNO. But whether it is true that Islam considers apostasy a serious crime that should be punished is a contentious issue.

Apostasy is not always in the same degree or the same form. There are several kinds of apostasy, each which has a different impact and harm on the Muslim community. Some scholars and authorities of Islamic history had maintained that the punishment for apostasy should match its harm to society, and that punishment may differ in accordance with its degree of impact. Many scholars view is that some apostates may be excused by repentance, depending on whether it is simple apostasy, which could be excused by repentance.

Punishment for apostasy depends on the degree of the apostate's harm to Islam, the same way as a traitor's behaviour depends on the harm he does to his nation. Imprisonment might be an alternative punishment in the case of apostasy.

If an apostate does not only deny Islam, but also incites a war against Islam and the Muslim Ummah, the apostate joins the rank of those who wage war against Islam. This is same way as a traitor joins the ranks of the enemies of a nation.

Imagine an American citizen joining Al-Qaeda in Afghanistan or Iraq or Syria to kill the Americans. Would not such an American face the court martial and sentenced?

However, there are certain regulations and restrictions, and declaring a Muslim an apostate is a very dangerous matter. The person who issues a ruling on apostasy should be an expert or specialized scholar, and the person who implements this rule must be a specialist of religious law. An apostate should be given a chance to repent before the execution of the sentence.

But hidden apostasy may be left to the mercy of God and judged by him in the hereafter.

Answer 9

Based on the evidence shown in Uma's answer, it seems that the ruling for leaving Islam ( whether or not this person becomes violent towards the Muslims afterwards), is that he/she should be killed. Even if the prophet had let some peaceful apostates live, that's not evidence enough to discard all those hadiths saying clearly to kill them.

Answer 10

Based on the excellent discussion above, the issue may be summarized as:

• If it is an Islamic state and the apostasy is political, then it is akin to treason and the state should deal with it as such
• If it is not an Islamic state, or if it is and it is a bona fide decision of an individual's conscience, then there is no ikrah (compulsion)

Answer 11

I know this is an old question but I think I can add a few points here. A lot of people here are using the words "Islamic State" well what is an Islamic State? Will Saudi Arabia be called an Islamic State? They do follow "Sharia". So why would you say there is no "Islamic State" in today's time.

In Surah At-Tawbah 9:66 Allah says:

Make no excuse; you have disbelieved after your belief. If We pardon one faction of you - We will punish another faction because they were criminals

So here it is clear that punishment will be for those who are "Criminals" not just because they disbelieved. I know a lot of people like to quote Hadith but I take Quran's words more seriously and it clearly shows no death penalty for the people leaving Islam. Also this ideology will only create chaos when people will start killing each other on the basis of their beliefs. In Surah Al-Maidah 5:32 Allah says:

Because of that, We decreed upon the Children of Israel that whoever kills a soul unless for a soul or for corruption [done] in the land - it is as if he had slain mankind entirely. And whoever saves one - it is as if he had saved mankind entirely. And our messengers had certainly come to them with clear proofs. Then indeed many of them, [even] after that, throughout the land, were transgressors.

It can be clearly understood a person who leaves Islam may have his own personal reasons to do so and we as humans are not to judge except Allah for Allah knows everything so let him be the punisher not us.