Apostacy in Islam

Islam calls for capital punishment to those leaving Islam (i.e. committing apostasy). If indeed it is so, does this not contradict Islam's claim that "there is no compulsion in religion" and is it not a violation of basic human rights?

What is apostacy?
Before attempting to answer these questions, it is important to understand what apostasy really is. In simple words, if a Muslim confesses or declares to leave Islam, or he says something that denies Islam, or openly insults Islam and does so publicly, then he will be called an apostate.

Punishment of the apostate
In Islam the punishment for apostasy is death. Apart from the differences in some minor details, the four main schools of Islamic jurisprudence agree on this verdict. The Hanafi school does not believe in capital punishment of apostate women. There is also a difference of opinion as to whether the apostate should be given the chance to repent, and how much time can be given for repentance.

What are the main objections to the penalty of apostasy?
1. In the Qur'an it has been repeatedly said that Allah has given freedom to mankind in the matter of adopting a religion (Surah Al-Baqarah verse 256 says, "there is no compulsion in religion”). How is this compatible with the teachings of Islam to punish desertion with the death sentence?
2. Punishment of apostates is often objected to by non-Muslims. According to them, if Muslims bring someone into the domain of their religion, then it is fine but if someone wants to go out of the Islamic fold then it is not accepted. How can one thing be right for them and wrong for others? Is this not against justice?
3. Why are the punishments in Islam, including the punishment of the apostate, so severe?
4. Capital punishment cannot be proven from any of the Quranic verses, even though the Qur'an has made apostasy a subject of discussion in many places. Secondly, the punishment for the crime is proved from various Ahadith but during the time of the Prophet (SAW) this punishment was not implemented except on one or two occasions.
5. How feasible is it to implement this punishment in today's global scenario?

Here are the answers to these objections:
1. It is absolutely true that there is no compulsion to convert to Islam. Every person has been given the right to adopt the religion of his choice. The same thing has been stated in the Quranic verse which declares “There is no compulsion in religion”. However, this argument cannot be used for exiting Islam. Why? Because Islam demands that whoever intends to become a Muslim should not make this decision in haste. He/she should ponder over the matter, take their time and convert with full conviction. Adopting a religion is a serious matter and should not be taken lightly. A carefree or non-serious attitude towards faith is not only harmful to a person, it can also adversely affect the Muslims around him.

If a person lives among Muslims and talks negatively about Islam in front of them or shows indifference to Islam, he can inevitably affect the faith of other people. It is a threat to the social order of the society. It is the responsibility of the Islamic state to protect the religion of its citizens. It is part of the Islamic government's social contract with its Muslim citizens that the government should deal with anything that causes serious trouble to the Muslim faith.

2. Every society uses different methods to ensure that its citizens uphold certain values. These include punishments. Contemporary liberal secular societies are based on their own values ​​and they do not tolerate ideological dissent (e.g. Holocaust denial). Similarly, Islamic society is based on Islamic values in which it is unacceptable to leave Islam publicly or to insult the Islamic faith. Islam sees it as an act of treason. The Islamic perspective is that insulting Islamic or leaving one’s religion publicly is rebellion against the Islamic state. According to this narrative, it is such a crime that the perpetrator is declared a criminal of the state and punishing him is also a political necessity of the
state. This punishment must be viewed within the perspective of the Islamic framework.

3. The punishments prescribed for crimes in Islam are not without strict conditions. Acomplete code of conduct has also been prescribed. In order to punish apostasy there are detailed conditions that need to be met. Apostates cannot be punished without fulfilling the following conditions:

 An apostate is a person who openly declares to leave Islam in public. This declaration or announcement needs to be clear-cut and not ambiguous. No one can be declared an apostate by interpreting something he said or did or by drawing conclusions.

 No one can kill an apostate by himself, only the Islamic government can do it after following due process. People around the apostate cannot do so by themselves or on behalf of the government.

 The apostate must be sane and mature. According to the Hanafi school he needs to be a male as well.

 Before implementing the death penalty the ruler of the country or the judge of the court will give the apostate a suitable time period (a few days – from three to ten) for repentance. If during this time he comes back to Islam, he will be forgiven and will not be punished. If he does not repent and publicly repeats his apostasy, he will be
killed.

 The punishment of an apostate will be held only in an Islamic country. If he is in a non-Muslim majority country, ordinary Muslims cannot punish him. However, there will be societal repercussions for him. He will not be able to marry a Muslim. If he is already married (to a Muslim), the marriage will be dissolved. He will not get a share
in the inheritance of his Muslim parents. He will not receive a Muslim funeral after his death, nor will he be buried in a cemetery reserved for Muslims.

 If the apostate remains in the Islamic society without declaring his apostasy, he can do so as a hypocrite. Or if he leaves the Islamic society and goes to a non-Muslim country and declares apostasy in front of the Muslims there, then the Muslims cannot punish him by themselves.

The above conditions make it clear that this punishment can only be given to someone in an Islamic country when he commits it publicly and does not show repentance. Such cases would be rare in any society. First, the conditions are quite tough to prove apostasy. Second, a person can keep his views private and not make a public
declaration. Third, if he has to declare, at least he will not do so while living in an Islamic country.

The important thing to understand is that these punishments are actually meant for their deterrence effect. Sometimes it also happens that a person is temporarily influenced by anti-Islamic views, but if he remains silent for fear of punishment, then after some time, his views may again become positive regarding the religion. It is also important to note that this punishment will not be given to a person who has no knowledge of religion. If someone is alienated from religion, this ruling will not apply to him. Yes, if someone leaves Islam knowingly and then announces it, then he will be punished.

4. It is true that the punishment of apostate is not clearly stated in the Qur'an. In Islam, apart from the Qur'an, the Sunnah and authentic Ahadith of the Holy Prophet (SAW) are also a main source and evidence for the Ummah.
As far as the Qur'an is concerned, in verse 54 of Surah Al-Baqarah, it was told to the people of Moses (in the context of worshipping the calf) that the condition of accepting the repentance of those who committed polytheism was that their relatives should kill them. Apparently, this is a punishment of the Mosaic Law which was maintained by
Prophet Muhammad (SAW). As in the punishment of adultery, the matter of punishing a married adulterer with stoning to death is not in the Qur'an, but only in the clear Ahadith of the Holy Prophet and his practice during his lifetime.
Some people present Surat al-Tawbah verses 11 and 12 where the punishment of breaking a treaty is discussed. Verses 33 and 34 of Surah al-Ma'idah are also presented as proofs, but they are not clear in this regard because they are on the subject of spreading corruption in the earth. Therefore, we can say that the punishment for
apostasy is one of the punishments that the Prophet (SAW) himself described. The important thing is that the narrations regarding the punishment of apostasy contained in the Ahadith are authentic and there is no disagreement among the scholars about their correctness. The most famous of them is a tradition of Sahih Bukhari
according to which "kill the person who changes his religion and becomes an apostate."

As far as its implementation is concerned during the time of the Holy Prophet, there are a few such cases, but they are not frequent, because often such people either ran away or repented. For example, Abdullah bin Abi Sarh changed his religion and the order to kill him had been issued. On the day of the conquest of Makkah, he went into hiding to save his life. Uthman (RA) took him (he was related to him) and came to the Prophet
(SAW) when he was taking the oath of allegiance from the people. Uthman (RA) requested the Prophet (SAW) to take the oath of allegiance from Abdullah as well. The Prophet kept silent for some time. When Uthman (RA) requested him again and again, he finally relented and took the oath of allegiance from Ibn Abi Sarh and accepted his Islam. Thus his life was spared.
Later the Prophet (SAW) said to the companions, "There was no one among you wise enough to stand up and kill Abdullah when I had stopped from swearing allegiance.” Someone asked: "Why didn't you give us a hint?” He said: “It is not appropriate for a prophet to make gestures.” This time Abdullah bin Abi Sarh converted to Islam with
great sincerity.

In the same way, the people of Akal and Arina first accepted Islam, then not only did they turn away from Islam, they also committed murder and robbery. They were killed by the order of the Holy Prophet (SAW).
The rightly guided Caliphs also implemented this punishment in their reign. Abu Bakr (RA) fought with apostate tribes. Umar (RA) and Ali (RA) were of the opinion that the apostate should be given a grace period and offered the chance to repent. Abdullah bin Masood (RA) once arrested an apostate group from the people of Iraq and
wrote a letter to Caliph Uthman (RA) for advice about their punishment. Uthman (RA) wrote in reply: "Present the religion of truth to them; if they accept it, let them go. Otherwise, kill them." Likewise, Imam Bukhari mentions in Sahih Bukhari that Ali (RA) killed some apostates.

When a group of rebels laid siege to Caliph Uthman’s house and later planned to kill him, he reminded them that “The killing of a Muslim is not permissible in Islam except in three cases; if he has taken someone's life unjustly, or committed adultery despite being married, or left his religion (Islam) and separated from the community of Muslims (i.e. became an apostate). And I did not do any of these things.”

According to the tradition of Abu Musa Ash'ari (RA), Mu'adh bin Jabal (RA) came to him and saw a person tied up. He inquired about his identity. Abu Musa Ash'ari (RA) said that he was a Jew first, then he became a Muslim, and then he became a Jew again. The he asked Mu'adh to sit down but he replied, “I will not sit until he is killed. This is the decision of Allah and His messenger.” He repeated this thrice. Then an order was given
to kill this apostate and he was killed (Bukhari and Muslim). There are more such incidents reported by various companions related to the punishment for apostasy which proves that they had no doubt in this matter.

5. Even in today's era an Islamic government ought to punish apostasy with death, but before that, all the necessary conditions should be fulfilled. Today, many young people are leaving Islam; some openly express it and some remain silent. Famous scholar Allama Yusuf Al-Qaradawi says in this regard that there are two types of apostasy.
Transgressive apostasy is one in which the apostate publicly expresses his abandonment of Islam to the people, invites people to apostasy, has relations with the infidels or spies on the Muslims. Such a person is a public threat. He is a threat to political Islam, so the ruler or the judge should kill him after due process and after
satisfying himself that this person is indeed a threat.
The second type of apostasy is relatively mild. A person who does not express his apostasy (even if people know that he is not a Muslim anymore), does not preach it to people, does not mislead anyone, does not spy on the Muslims and does not associate with the disbelievers. Allama Al-Qaradawi says that such a person should be left to his own thoughts.