—and, in Islamic law, it refers to anyone who disbelieves after having accepted Islam. Al-Mughni states: “The apostate’s unbelief is graver than that of a born non-Muslim.”
2 – Nayl al-Maʾārib says: “If a legally accountable, willing person apostasises from Islam, he must be summoned to return to Islam for three days as an obligatory measure; he is to be constrained and imprisoned. Should he embrace Islam, that suffices; otherwise he is to be put to death by the sword.”
3 – All three ḥadiths clearly establish the obligation to execute one who abandons the religion of Islam, and the killing of an apostate is a point of consensus among the scholars. His disbelief is more heinous than that of someone who was never Muslim in the first place: a person who has entered Islam, understood it, then chooses to leave and deny it, reveals the corruption of his inner self and the evil of his intention. Such a depraved soul deserves no penalty but death.
4 – The proof for this ruling is the ḥadith cited in chapter 1046: “Whoever changes his religion, kill him,” meaning whoever apostasises from Islam. The wording is general, covering both men and women.
5 – That the legal punishment for an apostate is execution is unanimously agreed upon by the scholars; the only dispute is whether he must be offered repentance before execution. Abū Ḥanīfah held that this is not obligatory but recommended, whereas the other three imams maintained that he is to be given the chance to repent.
6 – Shaykh Muḥammad ibn Ibrāhīm Āl al-Shaykh divided the acts that constitute apostasy into three categories:
a) Denying what is known to have been brought by the Messenger, or opposing what is necessarily known that the Prophet conveyed, whether in fundamentals or subsidiary matters.
b) Matters whose proof is obscure; such a person is not declared an unbeliever until the evidence is established against him, both as to authenticity and as to meaning.
c) Issues that are ambiguous; these do not render a person an unbeliever even after the proofs have been presented, whether the matters pertain to fundamentals or branches. Only the deliberate, obstinate rejecter is deemed an unbeliever.
7 – Unbelievers fall into two categories:
The first consists of those who have never entered Islam at all; the Quran, the Sunnah, and the consensus of the scholars affirm their unbelief.