In the Name of Allah, the Gracious, the Merciful
When the Prophet ﷺ emigrated to Medina after enduring years of harsh and violent persecution, the enemies of Islam devised numerous ways to attack the fledgling Muslim community, as they were not successful with direct military confrontation.
One method of demoralizing the Muslim community was the orchestrated ‘apostasy campaign’ conducted by hypocrites, or Munafiqun, people who were only pretending to be Muslim but who had the intention to annihilate this persecuted prophetic ministry.
Allah said:
وَقَالَت طَّائِفَةٌ مِّنْ أَهْلِ الْكِتَابِ آمِنُوا بِالَّذِي أُنزِلَ عَلَى الَّذِينَ آمَنُوا وَجْهَ النَّهَارِ وَاكْفُرُوا آخِرَهُ لَعَلَّهُمْ يَرْجِعُونَ
A group among the People of the Book said to one another, ‘Believe in what has been revealed to the believers in the morning and reject it in the evening, so they may abandon their faith.’
Surat Ali ‘Imran 3:72
Abu Malik al-Ghaffari, one of the students of the Companions, explained the verse:
قالت اليهودُ بعضُهم لبعضٍ أسْلِموا أولَ النهارِ وارْتَدُّوا آخرَه لعلهم يَرْجِعون فأطلَع اللهُ على سرِّهم
The Jews said to each other, ‘Accept Islam at the beginning of the day and turn apostate at the end of it so they abandon their faith,’ then Allah made their secrets known.
Source: Tafsīr al-Ṭabarī 5/496
These particular Jews, but not all Jews as the Prophet ﷺ had good relations with some of them, would make a big show of embracing Islam, but then make an equally big show of turning apostate. This was a tactic of psychological warfare, an attempt to destabilize the rapidly growing Muslim ranks. As such, aggravated apostasy was equivalent to treason.
In this context, the Messenger of Allah, peace and blessings be upon him, gave the following command:
مَنْ بَدَّلَ دِينَهُ فَاقْتُلُوهُ
Whoever changes his religion, kill him.
Source: Ṣaḥīḥ al-Bukhārī 6922, Grade: Sahih
The jurists held many opinions about what to do with such apostates, ranging from executing them without giving them a chance to repent to imprisoning them in the hopes they would eventually repent. The Prophet ﷺ and his companions are reported to have resorted to different solutions against this serious problem.
In one evidence-based opinion, the Muslims would imprison these apostates indefinitely in hopes they would eventually repent.
Anas ibn Malik reported: I said, “O commander of the faithful, some people have turned renegade against Islam and joined the idolaters. What is to be done other than killing them?” Umar ibn al-Khattab, may Allah be pleased with him, said:
لَأَنْ أَكُونَ أَخَذْتُهُمْ سِلْمًا أَحَبُّ إِلَيَّ مِمَّا طَلَعَتْ عَلَيْهِ الشَّمْسُ مِنْ صَفْرَاءَ أَوْ بَيْضَاءَ
That I take hold of them on peaceful terms is more beloved to me than everything over which the sun rises, from the horizon to the zenith.
I said, “O commander of the faithful, what would you do if you seized them?” Umar said:
كُنْتُ عَارِضًا عَلَيْهِمُ الْبَابَ الَّذِي خَرَجُوا مِنْهُ أَنْ يَدْخُلُوا فِيهِ فَإِنْ فَعَلُوا ذَلِكَ قَبِلْتُ مِنْهُمْ وَإِلَّا اسْتَوْدَعْتُهُمُ السِّجْنَ
I would offer them the door through which they exited, that they would enter it again. If they did so, I would accept it from them; otherwise, I would keep them in prison.
Source: Muṣannaf ‘Abd al-Razzāq 18696, Grade: Sahih
In this narration, Umar ibn al-Khattab expressed his desire to win over these apostates peacefully by keeping them in prison until they repented. At least two major early jurists in Kufa, Sufyan al-Thawri and Ibrahim al-Nakha’i, cited the authentic report from Umar as evidence that imprisonment was preferred and execution was a last resort if no hope of repentance was apparent.
Imam ‘Abdul Razzaq, who narrated the report of Umar, followed it by reporting these narrations:
عَنِ إِبْرَاهِيمَ النَّخَعِي قَالَ فِي الْمُرْتَدِّ يُسْتَتَابُ أَبَدًا وقَالَ سُفْيَانُ الثَّوْرِي هَذَا الَّذِي نَأْخُذُ بِهِ
Ibrahim al-Nakha’i said about the apostate, ‘He is held for his repentance indefinitely,’ and Sufyan al-Thawri said, ‘This is what we adhere to.’
Source: Muṣannaf ‘Abd al-Razzāq 10/65-66
Imam Ibn Kathir, who authenticated the report from Umar, commented:
وأما حَبْسهم حتى يُسلِمُوا ففيه دلالة لمذهب سفيان الثوري ومَن وافَقَه أنَّ المرتدَّ يستتابُ ويُنظرُ ما رُجِيَت توبتُه وهو معنى قول إبراهيم النَّخَعي
As for detaining them until they accept Islam, in this report is evidence for the opinion of Sufyan al-Thawri, and those who agreed with him, that the apostate is called to repentance and is given respite for as long his repentance is hoped; such is also the meaning of Ibrahim al-Nakha’i’s statement.
Source: Musnad al-Fārūq 2/284
And Imam al-‘Ayni commented:
واحتج به من قال إن المرتد يستتاب أبدًا ولا يقتل
The report (of Umar) was cited by those who said the apostate should be held for repentance indefinitely and not killed.
Source: Nukhab al-Afkār 12/164
Imam Ibn Hazm discussed the opinions of the jurists about the length of time their repentance is sought, writing:
وَطَائِفَةٌ قَالَتْ نَسْتَتِيبُهُ شَهْرًا فَإِنْ تَابَ وَإِلَّا قَتَلْنَاهُ وَطَائِفَةٌ قَالَتْ نَسْتَتِيبُهُ ثَلَاثَةَ أَيَّامٍ فَإِنْ تَابَ وَإِلَّا قَتَلْنَاهُ وَطَائِفَةٌ قَالَتْ نَسْتَتِيبُهُ مِائَةَ مَرَّةٍ فَإِنْ تَابَ وَإِلَّا قَتَلْنَاهُ وَطَائِفَةٌ قَالَتْ يُسْتَتَابُ أَبَدًا وَلَا يُقْتَلُ
A group of jurists said: We seek their repentance for a month, and they either repent or we execute them. A group said: We seek their repentance for three days, and they either repent or we execute them. A group said: We seek their repentance a hundred times, and they either repent or we execute them. A group said: We seek their repentance indefinitely, and we do not execute them.
Source: al-Muḥallá bil-Āthār 12/109
Imam Ibn Hazm mentions that those who required a prison term upon the apostate for seeking their repentance supported their opinion by the obligation to call people to Islam with wisdom and beautiful preaching:
فَكَانَتْ الِاسْتِتَابَةُ فِعْلَ خَيْرٍ وَدُعَاءً إلَى سَبِيلِ رَبِّنَا بِالْحِكْمَةِ وَالْمَوْعِظَةِ الْحَسَنَةِ وَدُعَاءً إلَى الْخَيْرِ وَأَمْرًا بِالْمَعْرُوفِ وَنَهْيًا عَنْ الْمُنْكَرِ فَكَانَ ذَلِكَ وَاجِبًا وَكَانَ فَاعِلُهُ مُصْلِحًا
Thus, seeking their repentance is good. Calling to the way of our Lord with wisdom and beautiful preaching, calling to virtue, enjoining good and forbidding evil—that is an obligation, and one who does it has acted in good interest.
Source: al-Muḥallá bil-Āthār 12/114
As Allah said:
ادْعُ إِلَىٰ سَبِيلِ رَبِّكَ بِالْحِكْمَةِ وَالْمَوْعِظَةِ الْحَسَنَةِ وَجَادِلْهُم بِالَّتِي هِيَ أَحْسَنُ إِنَّ رَبَّكَ هُوَ أَعْلَمُ بِمَن ضَلَّ عَن سَبِيلِهِ وَهُوَ أَعْلَمُ بِالْمُهْتَدِينَ
Invite all to the Way of your Lord with wisdom and kind advice, and only debate with them in the best manner. Surely your Lord alone knows best who has strayed from His Way and who is rightly guided.
Surat al-Nahl 16:125
Sahl ibn Sa’d reported: The Prophet, peace and blessings be upon him, said:
وَاللَّهِ لَأَنْ يَهْدِيَ اللَّهُ بِكَ رَجُلًا خَيْرٌ لَكَ مِنْ أَنْ يَكُونَ لَكَ حُمْرُ النَّعَمِ
By Allah, that Allah guides a man through you is better for you than a herd of expensive red camels.
Source: Ṣaḥīḥ al-Bukhārī 3009, Grade: Muttafaqun Alayhi
On one occasion, the Prophet ﷺ allowed the senior companion, Uthman ibn Affan, to intercede for a man who committed apostasy and allowed him to be under his care.
Ibn Abbas, may Allah be pleased with him, reported:
كَانَ عَبْدُ اللَّهِ بْنُ سَعْدِ بْنِ أَبِي سَرْحٍ يَكْتُبُ لِرَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَأَزَلَّهُ الشَّيْطَانُ فَلَحِقَ بِالْكُفَّارِ فَأَمَرَ بِهِ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ أَنْ يُقْتَلَ يَوْمَ الْفَتْحِ فَاسْتَجَارَ لَهُ عُثْمَانُ بْنُ عَفَّانَ فَأَجَارَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ
Abdullah ibn Sa’d ibn Abi Sarh would write for the Messenger of Allah, peace and blessings be upon him, but the devil deceived him and he joined the unbelievers. The Prophet ordered that he should be killed on the day of liberation, but Uthman ibn Affan sought protection for him. Thus, the Prophet granted him protection.
Source: Sunan Abī Dāwūd 4358, Grade: Hasan
It is said that Abdullah ibn Sa’d ibn Abi Sarh eventually accepted Islam after Mecca was liberated from the oppressive, idolatrous aristocracy.
Imam al-San’ani comments:
ثم أسلم ابن أبي سرح عام الفتح وحسن إسلامه ولم يظهر عليه شيء ينكر عليه بعد ذلك
Then, Ibn Abi Sarh accepted Islam in the year of liberation, and his Islam was good, and nothing was shown from him thereafter for which he was condemned.
Source: al-Taḥbīr li-Īḍāḥ Maʻānī al-Taysīr 3/515
This incident demonstrated the wisdom in allowing apostates time to repent and withholding their execution for as long as that remains a possibility.
Moreover, several jurists, including the righteous predecessors, did not allow the killing of female apostates on the grounds that they are generally non-combatants.
Layth reported:
عَنْ عَطَاءٍ فِي الْمُرْتَدَّةِ قَالَ لَا تُقْتَلُ
‘Ata’ said about the female apostate: She is not killed.
Source: Muṣannaf Ibn Abī Shaybah 32774
Such incidents, and the range of opinions over them, call into question the nature of the punishment for apostasy. Is it a ‘fixed punishment’ (hadd) which must be carried out in all circumstances? Or is it a ‘discretionary punishment’ (ta’zir) that is up to the ruler to implement in the best interests of the community?
The evidence seems to indicate, and Allah knows best, that the punishment for apostasy is at the discretion of the authorities, the purpose of which is to determine the best course of action to protect the community.
Shaykh Ibn ‘Uthaymeen writes:
أن قتل المرتد ليس من الحدود في شيء لأن الحدود إذا وصلت السلطان وجبت إقامتها على كل حال أما المرتد إذا وصل إلى السلطان واستتابه وتاب وجب رفع القتل عنه
Killing the apostate is not among the fixed punishments at all, because if a crime with a fixed punishment reaches the authorities, they must be carried out in every case. As for the apostate, if it reaches the authorities, he is called to repentance and his repentance absolves him from capital punishment.
Source: Fatḥ Dhī al-Jalāl wal-Ikrām 5/329
Gathering all the relevant narrations and opinions supports this conclusion. Rather than preferring one of many legal opinions over another as a ‘one-size-fits-all’ ruling, the combined reconciliation of all these reports related to apostasy indicate that its punishment is nuanced and dependent on important variables.
Shaykh ‘Abdul Majid Subh, after reviewing all the relevant narrations, writes:
ومن مجموع ما تقدم يظهر أن المسألة منوطة بمصلحة الجماعة فما دام ارتداد فرد لا يضر بالأمة فلا حرج من تركه لذلك تقاتل الجماعة المرتدة ذات الشوكة لأن ضررها لا محالة واقع بالدولة وبالأمة
The aggregate of what preceded demonstrates that the matter depends upon the welfare of the community. As long as an individual’s apostasy does not harm the nation, there is no blame in leaving him alone. For this reason, the powerful group of apostates is fought because its harm will inevitably befall the state and the nation.
Source: al-Radd al-Jamīl 1/110
Therefore, there is a case to be made that executing every apostate, in every circumstance, is not necessarily warranted, especially if it causes more harm than good.
Jabir ibn Abdullah reported: Abdullah ibn Ubayy, who was suspected of being a false Muslim, said something disrespectful about the Muhajirun, the Muslims who fled from Mecca to Medina. Umar ibn al-Khattab said to the Prophet:
دَعْنِي أَضْرِبْ عُنُقَ هَذَا الْمُنَافِقِ
Allow me to strike the neck of this hypocrite!
The Prophet, peace and blessings be upon him, replied:
دَعْهُ لاَ يَتَحَدَّثُ النَّاسُ أَنَّ مُحَمَّدًا يَقْتُلُ أَصْحَابَهُ
Leave him alone, lest the people will say that Muhammad is killing his companions.
Source: Ṣaḥīḥ Muslim 1063, Grade: Sahih
The purpose behind executing the apostates is to safeguard the community from enemies waging psychological warfare against the Muslims or demoralizing them from within. However, in our complexly globalized context of worldwide media coverage and interdependent relations between nations, it might be prudent to allow apostates to leave if executing them backfires against the objective of such rulings.
This conclusion is consistent with the principle that an unbeliever, or in this case an apostate, only harms themselves by their unbelief if they do not pose a threat against the greater Muslim society.
Shaykh al-Islam Ibn Taymiyyah writes:
أَنَّ الْقَتْلَ وَإِنْ كَانَ فِيهِ شَرٌّ وَفَسَادٌ فَفِي فِتْنَةِ الْكُفَّارِ مِنْ الشَّرِّ وَالْفَسَادِ مَا هُوَ أَكْبَرُ مِنْهُ فَمَنْ لَمْ يَمْنَعْ الْمُسْلِمِينَ مِنْ إقَامَةِ دِينِ اللَّهِ لَمْ تَكُنْ مَضَرَّةُ كُفْرِهِ إلَّا عَلَى نَفْسِهِ
As for killing, although it contains evil and corruption, the evil and corruption in the sedition of the unbelievers is greater than it. Thus, whoever does not obstruct the Muslims from establishing the religion of Allah, the harm of his unbelief is only against himself.
Source: al-Siyāsah al-Sharʻiyah 1/100
Furthermore, it is an established principle in Islam that forbidding evil with an action leading to more significant harm is forbidden. One who forbids evil must be sure that their actions will not cause detrimental, unintended consequences.
Shaykh al-Islam Ibn Taymiyyah writes:
ولهذا قيل ليكن أمرك بالمعروف ونهيك عن المنكر غير منكر وإذا كان هو من أعظم الواجبات والمستحبات فالواجبات والمستحبات لا بد أن تكون المصلحة فيها راجحة على المفسدة
Based on this, it is said to let not your enjoining good and forbidding evil be evil itself. As it is among the greatest of obligatory and recommended deeds, thus the benefit of obligatory and recommended deeds must outweigh their harm.
Source: al-Amr bil Ma’rūf li-Ibn Taymīyyah 1/10
It must be appreciated, as well, that taking life is among the most serious matters of the Law. The believers, being soft-hearted and kind by nature, are the most cautious in applying the ruling of capital punishment, seeing it only as a necessary evil to repel a greater evil.
Abdullah ibn Mas’ud reported: The Prophet, peace and blessings be upon him, said:
أَعَفُّ النَّاسِ قِتْلَةً أَهْلُ الْإِيمَانِ
The most hesitant of people in killing are the people of faith.
Source: Sunan Abī Dāwūd 2666, Grade: Hasan
Imam al-San’ani comments:
فالمراد أكثر الناس تركًا للقتله المؤمنون وذلك لأن معهم من الإيمان ما يزجرهم عن القتل
The meaning is that people who most avoid killing are the believers, because the faith they carry with them dissuades them from killing.
Source: al-Tanwīr Sharḥ al-Jāmi’ al-Ṣaghīr 2/508
It is likewise an essential principle in Islam that compelling people to accept faith defeats the purpose of faith, which must be voluntary.
Allah said:
لَا إِكْرَاهَ فِي الدِّينِ قَد تَّبَيَّنَ الرُّشْدُ مِنَ الْغَيِّ فَمَن يَكْفُرْ بِالطَّاغُوتِ وَيُؤْمِن بِاللَّهِ فَقَدِ اسْتَمْسَكَ بِالْعُرْوَةِ الْوُثْقَىٰ لَا انفِصَامَ لَهَا وَاللَّهُ سَمِيعٌ عَلِيمٌ
Let there be no compulsion in religion, for the truth stands out clearly from falsehood. So whoever renounces false gods and believes in Allah has certainly grasped the firmest, unfailing hand-hold. And Allah is All-Hearing, All-Knowing.
Surat al-Baqarah 2:256
And Allah said:
وَقُلِ الْحَقُّ مِن رَّبِّكُمْ فَمَن شَاءَ فَلْيُؤْمِن وَمَن شَاءَ فَلْيَكْفُرْ إِنَّا أَعْتَدْنَا لِلظَّالِمِينَ نَارًا أَحَاطَ بِهِمْ سُرَادِقُهَا
And say, ‘This is the truth from your Lord. Whoever wills let them believe, and whoever wills let them disbelieve.’ Surely, We have prepared for the wrongdoers a Fire whose walls will completely surround them.
Surat al-Kahf 18:29
And Allah said:
قُل لِّلَّذِينَ آمَنُوا يَغْفِرُوا لِلَّذِينَ لَا يَرْجُونَ أَيَّامَ اللَّهِ لِيَجْزِيَ قَوْمًا بِمَا كَانُوا يَكْسِبُونَ
Tell the believers to forgive those who do not fear Allah’s days of torment, so that He will reward each group for what they used to commit.
Surat al-Jathiyah 45:14
And Allah said:
فَذَكِّرْ إِنَّمَا أَنتَ مُذَكِّرٌ لَّسْتَ عَلَيْهِم بِمُصَيْطِرٍ إِلَّا مَن تَوَلَّىٰ وَكَفَرَ فَيُعَذِّبُهُ اللَّهُ الْعَذَابَ الْأَكْبَرَ إِنَّ إِلَيْنَا إِيَابَهُمْ ثُمَّ إِنَّ عَلَيْنَا حِسَابَهُم
So continue to remind, for your duty is only to remind. You are not there to compel them to believe. But whoever turns away, persisting in disbelief, then Allah will inflict upon them the major punishment. Surely to Us is their return, then surely with Us is their reckoning.
Surat al-Ghashiyah 88:21-26
Allah will ultimately judge the unbelievers in the Hereafter, so it is not imperative that we punish them in this life if there is no definite benefit to the Muslims and the call to Islam.
Considering all of this, it is reasonable to allow Muslim rulers to decide which course of action is most beneficial in their circumstances, in consultation with their scholars and citizens.
For this reason, Muslim countries in practice apply different solutions to deal with apostates, often distinguishing between aggravating factors amounting to treason from those who quietly leave Islam. Although a few high-profile cases have been highlighted in the Western media, the Muslims rarely, if ever, implement capital punishment for apostates in our time.
In sum, the punishment for apostasy does not necessitate capital punishment in every case. Muslim rulers, may Allah guide them, can implement lesser punishments to protect the community from coordinated psychological apostasy attacks, or even ignore apostates who quietly leave on account of the misguidance they mistakenly believed to be accurate. It becomes our collective duty, then, to win them back with wisdom and beautiful preaching as Allah has commanded.
Success comes from Allah, and Allah knows best.
