A group of scholars from the schools of al-Shāfi'ī and Ahmad, and others, also permitted the execution of anyone who advocates religious innovations contrary to the Quran and Sunnah. Many scholars of Mālik’s school held the same view. They said that Mālik and others permitted the execution of the Qadariyya only for spreading corruption in the land, not for apostasy.
The same explanation has also been given for executing a sorcerer. Most scholars hold that he is to be executed. It has been narrated from Jundub (may Allah be pleased with him), both as his own statement and as a report traced back to the Prophet:
“The prescribed punishment for a sorcerer is a stroke of the sword.”
This was reported by al-Tirmidhī. The execution of sorcerers has also been reported from Umar, Uthmān, Hafsa, Abd Allāh ibn Umar, and other Companions (may Allah be pleased with them). Some scholars said that this is on account of disbelief, while others said that it is for spreading corruption in the land. Most of these scholars, however, regard his execution as a prescribed punishment.
Abū Hanīfa likewise allows execution as a discretionary punishment for repeated crimes when crimes of that kind warrant execution, as in the case of someone who repeatedly commits sodomy or treacherously murders people to seize their wealth, and similar offenses.
Evidence that someone who spreads corruption is to be executed if his evil cannot otherwise be stopped may be drawn from the report narrated by Muslim in his Sahīh, from Arfaja al-Ashja'ī (may Allah be pleased with him), who said: “I heard the Messenger of Allah (peace and blessings be upon him) say:
‘If someone comes to you while you are united under one man, seeking to break your unity or divide your community, kill him.’”
Another version states:
“There will be disturbances and more disturbances. Whoever seeks to divide this community while it is united, strike him with the sword, whoever he may be.”