the Prophet ﷺ is to be executed, whether he is a Muslim or a dhimmī, in all circumstances. Both opinions are transmitted from Mālik, as reported by Ibn ʿAbd al-Ḥakam and others.
Every dhimmī should have it written into his pact that he must never insult the Prophet ﷺ openly before any Muslim; if he does so, he is killed for violating the covenant.
If a slave apostasises and is put to death for it, his property passes to his master.
Should a Christian embrace Islam and then apostasise, if his conversion resulted from oppression and his excuse is clear, he is not prevented from returning to Christianity—as long as his reversion occurs soon after his conversion. If, however, he remains in Islam for a considerable time and then apostasises, he is treated exactly like any other apostate and no excuse is entertained.
In Mālik’s view, a person born into Islam and one who accepts Islam after unbelief are alike with regard to the consequences of apostasy.
Whoever denies any of the duties of God the Exalted on which there is unanimous agreement—such as the prayer, fasting, zakat, the ritual bath after major impurity—or repudiates the Quran, or any of its text that is unanimously established, has committed disbelief. The judge may, if he wishes, grant such a person up to three opportunities to repent.
As for one who acknowledges Islam and its laws yet refuses to perform the obligatory acts, then with respect to the prayer alone: whoever neglects it is executed once the time of a prayer that others are waiting for has passed; if he still has not prayed within the remainder of its prescribed time, his neck is struck. Another view holds that he is flogged until he prays or dies under the lashes. The same ruling applies to anyone who refuses the bath of major impurity or the ablution required for prayer.
Regarding fasting, he is beaten continuously until he fasts or presents a valid excuse; another opinion states that whoever refuses to fast during Ramadan is executed.
With zakat, if he acknowledges the obligation yet refuses to pay, he is admonished and urged to comply, and force is not used against him. If the ruler is responsible for collecting the zakat, he takes it from him by force and fights him for it if he resists.
As for the pilgrimage, once a person concedes its obligation he is not pressed to perform it immediately, for it is not time-bound in the same way as the other obligations.