APOSTASY
Ar: irtidad or riddah.
An apostate is called murtad.
There has been much controversy among Muslims whether the male
apostate is
to be put to death. Many Muslim countries prescribed the death penalty
for the apostate if he continues in it. A certain grace period may be
given for the apostate to for him to repent, after which he may be
executed. Death bed repentance is not allowed. The female apostate is
to be kept in confinement until she recant or death. If one of a
husband or wife apostatize, a divorce takes place and the wife is
entitled to her dowry, but if both apostatize together, then the
marriage is not dissolved, but Iman Zufar regards that the marriage is
annulled. However, if later, one of them returns to
Islam, then divorce is necessary
(Hamilton, Hidayah, vol. ii. p. 183).
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." (Sahih al-Bukhari, Volume 9, Book 83,
Number 17)
Narrated Abu Burda:
... 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 Muisa. Mu'adh asked, "Who is this (man)?" Abu Muisa
said, "He was a Jew and became a Muslim and then reverted back to
Judaism." Then Abu Muisa 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.'"
(Sahih Bukhari 9.58,
also Sahih Bukhari 9.271)
According to Abu Hanifah, a male apostate is disabled from selling or
otherwise disposing of his property. But Abu Yusuf and Imam Muhammad
differ from their master upon this point, and consider a male apostate
to be as competent to excercise every right as if he were still in the
faith.
(Hughes' Dictionary of Islam, p. 16, citing Hamilton,
Hidaya, vol. ii, p. 235)
If a boy under age apostatize, he is not to be put to death, but to be
imprisoned until he come to full age, when, if he continue in the
state of unbelief, he must be put to death. Neither lunatics nor
drunkards are held to be responsible for their apostasy from Islam
(Hidayah, vol. ii, 246). If a person upon
compulsion become an apostate, his wife is not divorced, nor are
his lands forfeited. If a person become a musalman upon
compulsion, and afterwards apostatize, he is not to be put to death.
(Hidayah, vol. iii, 467).
The will of a male apostate is not valid, but that of a female
apostate is valid.
(Hidayah, vol. iv, 537).
Recommended further reading:
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