In the Name of Allah the Almighty

Apostasy

(irtidad)

Dr Sajid Khakwani

drsajidkhakwani@gmail.com

Freedom of religion under Islam would imply that non-Muslims are not compelled to convert to Islam, nor are they hindered from practicing their own religious rites. Apostasy (irtidad) is the act of turning away from Islam having accepted it.  This involves the rejection of oneness of Allah the Almighty and finalization of the prophet hood at Muhammad (peace upon him) and the essentials beliefs of Islam. One who accepts Islam actually joins Muslim Army, because Qital, Armed Fight is as obligatory for every Muslim man and woman as prayer of five times  and fasting of Ramzan. After acceptance of Islam when one decided to leave Islam and join Non-Muslims, Surely it is a disloyalty to Muslim state by a soldier who has a lot of strategic secrets of Islamic Country. Apostasy of an individual makes all the population unsecured and creates a strategic risks for state. 

            There are 2 types of murtadd - fitri and milli. 

A fitri murtad is one who was born of Muslim 

parents or at least one parent and then rejects Islam.

 If he rejects Islam, 

then, according to Islamic Law is to be killed. 

A milli murtad is one who converts and then rejects Islam - 

He is to be given 3 days to repent and accept Islam again. 

If he does not accept by the fourth day he is to be killed.

 Because The Last prophet(Peace be upon Him) 

said that kill him who change the religion.

    And If the apostate repents, 

or utters the two main articles of faith, 

or confesses faith in the oneness of Allah (monotheism), 

he will be released.

          Muslim scholars (imams) have said: Apostasy must be determined by the testimony of two upright adult witnesses whose accounts agree. When a judge asks how the Muslim fell from the faith, the witness must say, "He says such and such or does such and such." When the Muslim falls away from Islam he is first asked to return. If he has doubts, he is to express them; one can then clear up his doubts, for it may be that he truly has questions with regard to the faith -- questions in need of explanation. By this it is possible to deal with his evil deed  through the best of two possibilities: death or the acceptance of Islam. However, it remains desirable to offer him the acceptance of Islam again, although this is not obligatory, because the message had already been offered him once.

If he needs time to reconsider, it is desirable that the judge allow him a three-day extension, during which he is to remain in custody. If he accepts Islam thereafter, it is good; if not, he is to be killed, for Allah says to "kill those who believe in many gods" (Sura al-Tawba 9:5), without fixing a deadline. The Prophet also said, "Kill him who changes his religion," without mentioning a delay, because the apostate is surely a hostile unbeliever and no asylum seeker  who has asked for protection; furthermore, he is not a non-Muslim under Islamic rule, for no poll tax is demanded of him. And if he is expelled from the country the other enemy countries use him to collect important and sensitive strategic secrets of Islamic state.  Therefore, he should be killed without reservation. Drunkards, kids  and mentally ill persons are excluded from this punishment because they are considered to be not responsible for their statements.

It has been told about Umar b. al-Khattab  that a man was sent to him by Abu Mosa al-Ashaari. Umar asked him: "Do you have any good news?"; the man said, "Yes, a man apostatized from Islam, so we killed him." Umar said: "Did you first take him into custody for three days, giving him one loaf per day, so that he may repent? O Allah -- you are a witness -- I was not there, neither did I give any orders, nor did I concede to that action( Malek Al-Muwattu). To the effect that Umar disapproved of what they did. Thus, one can conclude from this event that an apostate must be given a three-day time limit before he is put to death.

During his confinement, he is to be given food and drink, which are to be paid out of his assets, while his wife and children are not being cared for by his assets. If he has no assets, he is to be cared for by the State, whether he promises to repent or not. He is not to be beaten in prison, even if he persists in his apostasy. He is surely to be given many chances to repent within this time-limit, in order to prevent bloodshed or punishment resulting from doubts. This should clear up his doubts and give him time to reconsider, so that he may change his mind and repent. If the judge decides on his death before the end of this grace period, his decision is legally binding, because he has ruled on a disputed issue. If he repents after three days, he is to be released; but if he does not, he is to be killed on the third day, at sunset. His corpse is to be neither washed nor embalmed. He is to be buried neither in the cemeteries of the Muslims nor of the unbelievers (kuffar), for he is not one of them, having once been a Muslim.

The apostate woman is not to be killed; for the Prophet has forbidden that women should be killed. It is also better to postpone punishment to the afterlife. The only acceptable exception to this rule is for war (al-Harab). However, women, unlike men, are no real danger in war time, so the apostate woman is to be treated like one who has never been a Muslim. The death sentence upon an apostate should be with the aim of preventing evil, not as a retribution for apostasy, since Allah will repay an apostate with a greater retribution. So, punishment is confined to those who can fight (that is, men). That is why the Prophet -- the blessing of Allah be upon him -- forbid putting women to death, since they are not involved in battles. The apostate woman is to be thrown in prison until she returns to Islam or dies. She must be imprisoned, because she, after being a Muslim, did not give Allah the rights due him; so she must be obliged to pay back these rights by being imprisoned. It is said, quoted from Moaz Ibn Gabal -- peace be upon him -- that the Prophet of Allah -- peace and blessings be upon him -- said to him: "Any man who apostatizes from Islam is to be given the chance to return to the faith. If he repents, accept his repentance. But if he does not, cut off his head. Any woman who apostatizes from Islam is to be offered the chance to return. If she repents, accept her repentance. If she does not repent, give her a second chance, etc." (Hadith). However some jurists recommend life imprisonment for such women.

Additional factors:

1-If either spouse apostatize from Islam, a divorce is automatic.

2-If both apostatize they are generally allowed to stay married.

3-An under-aged male is imprisoned, and only executed if he remains an apostate when he becomes of age.

4-Apostate will be no more citizen of Islamic state.

5-If a group of people becomes apostate, Islamic state is bound to fight against them as Hazrat Abu Baka did during his period.

6-Among Malikites, Shafi'ites, and Hanbalites, adult women receive the same penalty as men: execution.

7-The Shi'ite schools of law allow for Islamic law towards apostates to be applied in non-Muslim countries. The majority "Sunnites do not believe in extraterritorial jurisdiction."

8-All of apostate’s good practices will be eliminated because he left the right path of faith.

9- Nether apostate will inherit any Muslim nor any Muslim will inherit the apostate.

10- apostate will not be treated as Muslim after death.

          This the same treatment for a disloyal solder witch is behaved in all the armies in the world. Nether any state nor any army tolerate the any solder who has any sorts of sympathies with the enemy. After proving or claiming the loyalty with enemy there is no rational of life for such a person. And there is no judicial process for the disloyal soldier in all over the world and he is killed immediately after a little bit of court martial and some times without it even. But Islam is a human loving religion and gives a chance of return to the accused so that according to Holly Quran murder of a human being is a murder of all humanity. May Allah the Almighty save us from the sin and may we reach our lord as Muslims and as followers of the Last prophet peace be upon him, Ameen.