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If there is an Apostate from Islam who has fled darul Islam to Darul Kufr, then is it still obligatory to execute the apostate or is it okay to treat him as just a regular non muslim?

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  • A government can't really execute someone that is not under its rule.
    – The Z
    Dec 4, 2021 at 22:34
  • @TheZ Yeah but they could send an assassin
    – Hisham
    Dec 4, 2021 at 23:03
  • I have never heard before in my life an obligation of sending an assassin or even much discussion related to assassins. Have you?
    – The Z
    Dec 4, 2021 at 23:11
  • @TheZ the prophet sent Ibn Maslama to execute Ka’b, and permitted Ibn Maslama to deceive ka’b . I thought it was like an assassination [ although its not apostasy death penalty ofc ]
    – Hisham
    Dec 4, 2021 at 23:34
  • @TheZ i dont like reading and never formally studied islam so i wouldnt know lol
    – Hisham
    Dec 4, 2021 at 23:36

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An apostate remains an apostate whether or not he is located in the Dar al-Islam. He is never treated as a normal non-Muslim.

وتختص الردة - في الاصطلاح الفقهي - بالكفر بعد الإسلام. وكل مسلم ارتد فإنه يقتل إن لم يتب ... ولا يترك المرتد على ردته بإعطاء الجزية ولا بأمان، ولا يجوز استرقاقه حتى لو أسر بعد أن لحق بدار الحرب

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 ... He will not be allowed to remain on apostasy by receiving jizya or by asylum, nor is it permitted to enslave him, even if he is captured after running away to the Dar al-Harb.

Mawsoo‘ah al-Fiqhiyyah

Ibn Khatal, Miqyas bin Subabah and Abdullah ibn Sa'd ibn Abu Sarh were apostates who had fled from Medinah to Makkah. At the conquest of Makkah, the Prophet ﷺ had commanded for them to be killed and not forgiven - unlike most of the remaining disbelievers.

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