Some contemporary Muslims feel uncomfortable discussing the punishment for apostasy in Islam, especially as many scholars consider it a definitive legal penalty. They base this on a hadith exclusively reported by Al-Bukhari, in which Ikrimah, reporting from Abdullah bin Abbas, says: “Ali (may Allah be pleased with him) burned some people, and this reached Ibn Abbas, who said: If it had been me, I would not have burned them, as the Prophet ﷺ said: ‘Do not punish with Allah’s punishment.’ I would have killed them, as the Prophet ﷺ said: ‘Whoever changes his religion, kill him.'”
They also refer to another hadith in Sahih Al-Bukhari, narrated by Abdullah bin Mas’ud, in which the Messenger of Allah ﷺ said, “The blood of a Muslim who testifies that there is no god but Allah and that I am the Messenger of Allah is not lawful, except in one of three cases: a life for a life, a married person who commits adultery, and one who abandons their religion and leaves the community.”
However, other scholars, particularly modern ones such as Sheikh Shaltut and Sheikh Abu Zahra, view the justification for the punishment of apostasy as excessive, contradicting the spirit of Islam. They advocate for a new interpretation and provide several arguments, most notably without an explicit worldly punishment for apostasy in the Qur’an. Although apostasy is mentioned in several verses, no specific worldly penalty is indicated.
They argue that if the Qur’an prescribes punishments for lesser offences, such as theft and adultery, then why not for apostasy?
Some also see a contradiction between the punishment for apostasy and numerous Qur’anic verses affirming freedom of belief, such as in Surah Al-Baqarah: “There is no compulsion in religion; the right course has become clear from the wrong…” (2:256).
Or in Surah Al-Kahf: “And say, ‘The truth is from your Lord, so whoever wills – let him believe; and whoever wills – let him disbelieve.'” (18:29).
And in Surah Yunus: “And had your Lord willed, those on earth would have believed – all of them entirely. Then, [O Muhammad], would you compel the people in order that they become believers?” (10:99), along with other verses emphasizing freedom of belief.
Moreover, in Surah An-Nisa regarding hypocrites, Allah says: “…So if they withdraw from you and do not fight you and offer you peace, then Allah has not made for you a cause [for fighting] against them.” (4:90).
The Prophet Muhammad ﷺ never ordered the execution of an apostate unless they were a combative enemy. For example, in Sahih Al-Tirmidhi, Jabir bin Abdullah narrates: “A Bedouin came to the Prophet ﷺ and gave him his pledge of Islam. Shortly after, he fell ill in Medina, and the Bedouin came back to the Prophet ﷺ and requested to annul his pledge, but the Prophet ﷺ refused. Then, the Bedouin left, and the Prophet ﷺ said: ‘Medina is like a furnace; it expels its impurities and purifies its good.'” This shows that the Prophet ﷺ let him go without punishment. Had there been a set punishment for apostasy, the Prophet ﷺ would not have let him go unpunished.
As for those whose lives were forfeited by the Prophet on the day of the Conquest of Mecca, it was not due to apostasy but to committing murder. Ibn Abd al-Barr, in al-Istidhkar, narrates from Ibn Ishaq: “Sa’id bin Harith al-Makhzumi and Abu Barzah al-Aslami killed Abdullah bin Khatal. The Prophet ﷺ ordered his execution because he was sent as a tax collector, and, although initially Muslim, he killed his servant and then became a polytheist.”
Similarly, Makhis bin Subaba, who killed a Muslim after receiving blood money, had his blood declared forfeit by the Prophet ﷺ upon the conquest of Mecca.
On the other hand, intercession is not permitted in matters of prescribed punishments, as intentional murder, theft, and adultery are applied as expiations regardless of repentance. However, the Prophet ﷺ did accept intercession in the case of Abdullah bin Sa’d bin Abi Sarh, who had apostatized, indicating that apostasy is not a fixed punishment.
Additionally, in the Treaty of Hudaybiyyah, one condition was that the Prophet ﷺ would not demand the return of Muslims from Medina who joined Quraysh. If apostasy had an inherent punishment, the Prophet would have rejected such terms.
Furthermore, the Prophet ﷺ did not order the killing of hypocrites, despite knowing their nature, and even prayed for their leader, Abdullah bin Ubayy bin Salul. Umar recounts: “When Abdullah bin Ubayy died, the Prophet ﷺ was called to pray over him, and I objected, citing his past actions. The Prophet ﷺ replied, ‘I was given a choice and chose (to pray),’ and prayed for him until verses were revealed prohibiting such actions.”
Another well-known hadith states, “A Muslim’s blood is only lawful in three cases: retaliation for murder, adultery, and one who abandons their religion and leaves the community.” Scholars interpret this as applicable to those who abandon faith in wartime, not purely religious apostasy.
The hadith narrated solely by al-Bukhari from Ikrima, quoting Ibn Abbas, recounts that Ali burned some apostates. Ibn Abbas reportedly disapproved of the burning yet agreed with the death penalty for those waging war against the community, thus limiting the application to combatants.
The Ridda Wars, led by Abu Bakr, were waged against communities rather than individuals seeking political independence from the Muslim state.
Some jurists, including Abu Hanifa and Sufyan al-Thawri, argued against executing female apostates, distinguishing between those who abandon Islam and those who wage war against it.
Apostasy Punishment in the Arab World
Legally, no law in the Arab world criminalises explicitly or punishes apostasy.
Interestingly, President Sadat adopted a law punishing apostasy in 1977, but it was repealed within two months and never enforced.
However, all Arab legislations criminalize and punish blasphemy against all religions, including Islam, and any act of disrespect towards the divine.
For example, in Egypt, Article 98 (f) of the Egyptian Penal Code No. 58 of 1937 stipulates that “anyone who exploits religion to promote, by speech, writing, or any other means, extremist ideas with the intent of stirring up sedition, disparaging or showing contempt for any of the heavenly religions or its associated sects, or harming national unity shall be punished by imprisonment for a period not less than six months and not exceeding five years, or by a fine not less than five hundred pounds and not exceeding one thousand pounds.”
In 2018, MP Kamal Amer submitted a request to the Egyptian Parliament to increase the penalty under this article to imprisonment for a period not less than six months and not exceeding five years or a fine not less than one thousand pounds and not exceeding ten thousand pounds.
The parliamentary report of the Proposals and Complaints Committee noted government support for the proposed amendment.
In Qatar, Article (256) of Law No. (11) of 2004 issuing the Penal Code states: “Anyone who commits the following acts shall be punished with imprisonment not exceeding seven years: insulting or defaming the Divine Self by word, writing, drawing, or gesture, or any other means; insulting the Holy Quran, distorting it, or desecrating it; offending Islam or any of its rituals; insulting any of the protected religions according to Islamic Sharia, insulting any prophets by word, writing, drawing, or gesture, or by any other means; or damaging, breaking, or desecrating buildings or any of their contents prepared for religious rituals of any protected religions according to Islamic Sharia.”
Morocco’s Ministry of Justice has published a draft amendment to the penal code: “Anyone who insults, defames, mocks, or offends God in any way will be imprisoned for one to five years and a fine between 20,000 and 200,000 dirhams.”
Debates on religion attract a broad audience in the Islamic world, where public discussions are held between believers and skeptics. Such intellectual movements have persisted over the ages. Meanwhile, in the West, there is a settled consensus on penalizing denial of the Holocaust’s death toll under Nazi rule.
