So, if someone sees a reprehensible act in the marketplace and wishes to change it with his hand, we say: there is no doubt that the Messenger, peace and blessings be upon him, said: “Whoever among you sees a reprehensible act, let him change it with his hand.” (1) But if it is among those matters that fall under the authority of those in power to change, then it is not permissible for us to preempt the ruler’s authority and encroach upon his right by taking action ourselves. This leads to many harms greater than the benefit of changing it, and it may be changed by another means.
These issues are subtle and important. Some brothers, out of zeal for the religion of Allah, may overstep in such matters, with the result that more harm arises than benefit. Therefore, in matters entrusted to those responsible for authority, we have no right to preempt them. As for matters not entrusted to them, we change them with our hands, our tongues, and our hearts.
Thus, as the author stated, the apostate’s blood may lawfully be shed. Nevertheless, if an ordinary person kills him, the author says that the killer is to be subject to discretionary punishment, despite having killed someone whose blood was lawful to shed. He is punished for preempting the imam’s authority—unless the apostate joins enemy territory, meaning those with whom we are at war. In that case, any individual may kill him, because he has come under the ruling of those hostile combatants.
He said: “The apostasy of a child who lacks understanding, an insane person, or one whose mind has been absent due to sleep, unconsciousness, or taking permissible medicine, is not valid; nor is his acceptance of Islam valid, because his speech carries no legal consequence. If he apostatizes while insane and someone kills him, the killer is subject to retaliation. But if he apostatizes while sound of mind and then becomes insane, he is not to be executed while insane; then, when he regains consciousness…”