In the Name of Allâh, the Rahmân, the Merciful
All praise belongs to Allâh, Lord of the worlds
Peace and blessings upon you, Apostle of Allâh
The Holy Prophet Muhammad صلى الله عليه وآله وسلم said:
مَنْ بَدَّلَ دِينَهُ فَاقْتُلُوهُ
Whoever changes his Religion kill him
(Sahih al-Bukhari)
The penalty for apostasy according to the Islamic Shari’a is a matter of considerable controversy. Clearly, executing apostates who refuse to recant is something that violates the modern Western concept of “human rights” along with secularism. But we Muslims should not be concerned with what the world thinks or foreign principles and values. We should point out that the death penalty for apostasy isn’t unique to the Islamic Shari’a but is found in the Mosaic Law and the Torah too: “If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying, Let us go and serve other gods, which thou hast not known, thou, nor thy fathers; Namely, of the gods of the people which are round about you, nigh unto thee, or far off from thee, from the one end of the earth even unto the other end of the earth; Thou shalt not consent unto him, nor hearken unto him; neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal him: But thou shalt surely kill him; thine hand shall be first upon him to put him to death, and afterwards the hand of all the people. And thou shalt stone him with stones, that he die” (Deuteronomy 13:6-10)
But while this ordinance in the Torah seems to suggest that any Israelite who finds an apostate inviting him to worship another “god” should kill him before anyone else, the law of our Islamic Shari’a is that the ruler or government must authorize the execution of an apostate, that too after the case being presented before a court or judge and giving him an opportunity to recant. Some Muslim apologists argue that capital punishment for apostasy is only carried out in the case of an apostate who challenges the writ of the State, or is responsible for stirring dissension in the society, and not necessarily that an apostate who leaves Islam in his private, personal capacity is to be executed. Others say there is no legal penalty for apostasy in this world whatsoever, as Allah says in the Holy Quran:
لَاۤ اِکۡرَاہَ فِی الدِّیۡنِ
There is no compulsion in Religion
(Surah 2, Ayah 256)
However, this means that no one can be compelled to believe, and if he does testify to the Faith and calls himself a Muslim it is still not possible to compel him to worship and perform good deeds. Worship of Allah and the performance of good deeds must come from oneself, in order for it to be rewarded and sincere. However, this does not mean that the laws of the Shari’a with regard to public morals and criminal offenses can’t be implemented by the government, although this is also from Din. Allah in the Holy Quran commands the implementation of the Hudud (penal laws) such as cutting the hand of the thief and flogging the one guilty of fornication and slander. Likewise, He commands that we enjoin virtue and prohibit vice. Why then is the apostate executed if there is no compulsion in Religion? Ultimately, no one is able to compel someone to believe in his heart. In a sense “there is no compulsion in Religion” is merely a statement of fact. Execution of apostates is not the the type of compulsion that is intended in the Ayah. One who leaves Islam, if he is sincere in his conviction that Islam is false, should be willing to die for his conviction. And if this Hadd on apostasy, or other matters such as social, family pressure, or the fear of being boycotted and ostracized, prevent him from openly announcing the unbelief that is in his heart then he is a hypocrite, which is worse than being an open apostate. In my view, the rationale behind executing apostates from Islam is that it serves as a way for Muslims to glorify Allah and to show zeal for Him and His Apostle صلى الله عليه وسلم