The same applies to apostates according to the sounder of the two scholarly opinions. An apostate, a rebel acting on a religious interpretation, and a person of religious innovation each believes himself to be right and acts on that interpretation. If he repents of this, his repentance is like that of a disbeliever repenting of his disbelief: he is forgiven for his past actions based on that interpretation. This differs from someone who believes that what he is doing is wrongful and aggressive, such as a Muslim who wrongs another Muslim, a non-Muslim under Muslim protection who wrongs a Muslim, or an apostate who destroys another person’s property while not engaged in hostilities, but outwardly appearing to be a Muslim or someone protected by a covenant. By scholarly agreement, such people are liable to compensate for what they destroy.
Thus, if the person being commanded or forbidden believes that he is permitted to harm the one who enjoins right and forbids wrong, he is among those acting on a religious interpretation. The right of the one who enjoins right and forbids wrong is encompassed by the right of Allah Most High. If the offender repents, both claims lapse. If he does not repent, he remains answerable for violating Allah’s right, which includes the right of the human being. He may be a disbeliever, an evildoer, or a sinner; each deserves the punishment prescribed by Islamic law appropriate to his case.
If, however, he has exercised independent scholarly judgment and erred, Allah has pardoned his error. If his mistaken judgment has caused unjust harm to the one who enjoins right and forbids wrong, he is like a judge who exercises scholarly judgment but errs, thereby causing harm to a Muslim, or like a witness or a mufti. If the error has not become apparent to the person whose judgment was mistaken, this is among the trials through which Allah tests the one who enjoins right and forbids wrong.
The Most High says:
“We have made some of you a trial for others—will you be patient? And your Lord is ever All-Seeing.”
In such a case, he is in fact free of sin, and likewise