Punishment for apostasy
Execution
Legal opinion on apostasy by a Fatwa committee concerning the case of a man who converted to Christianity: "Since he left the Islam, he will be invited to express his regret. If he does not regret, he will be killed pertaining to rights and obligations of the Islamic law."
Legal opinion on apostasy by a Fatwa committee concerning the case of a man who converted to Christianity: "Since he left the Islam, he will be invited to express his regret. If he does not regret, he will be killed pertaining to rights and obligations of the Islamic law."
In Islamic law (sharia), the consensus view is that a male apostate must be put to death unless he suffers from a mental disorder or converted under duress, for example, due to an imminent danger of being killed. A female apostate must be either executed, according to Shafi'i, Maliki, and Hanbali schools of Sunni Islamic jurisprudence (fiqh), or imprisoned until she reverts to Islam as advocated by the Sunni Hanafi school and by Shi'a scholars.[15]
A minority of medieval Islamic jurists, notably the Hanafi jurist Sarakhsi (d. 1090),[4] Maliki jurist Ibn al-Walid al-Baji (d. 494 AH) and Hanbali jurist Ibn Taymiyyah (1263-1328), held that apostasy carries no legal punishment.[5] Some contemporary Islamic Shafi`i jurists, such as the Grand Mufti Ali Gomaa,[6][7] some Shi'a jurists such as Grand Ayatollah Hossein-Ali Montazeri,[8] and some jurists, scholars and writers of other Islamic sects, have argued or issued fatwas that either the changing of religion is not punishable or is only punishable under restricted circumstances, but these minority opinions have not found broad acceptance among the majority of Islamic scholars.[16][17][18][19]
Preferred form of execution
Most Islamic scholars agree that the appropriate punishment for apostasy is beheading. However, according to hadith, apostates sometimes were tortured to death. The caliph Umar II had apostates tied to a post and a lance thrust into their hearts. Mamluk Sultan Baybars II also practiced torture of apostates. A case is recorded when a woman who had apostatised was led through the streets of Cairo on an ass, then strangled in a boat in the middle of the Nile and thrown into the river. In modern times, followers of the Ahmadiyya sect in Afghanistan were stoned to death. The execution for apostasy was abolished in most Muslim lands in the 19th century either through European pressure or through the direct European rule; however, cases of imprisonment and deportation of apostates still occurred. Nevertheless, even nowadays renegades are not sure of their lives, as their Muslim relatives frequently try to kill them.[15]
Ideally, the one performing the execution of an apostate must be an imam.[15] At the same time, all schools of Islamic jurisprudence agree that any Muslim can kill an apostate without punishment.[20]
Applying law in the Muslim world
Most countries of the Middle East and North Africa maintain a dual system of secular courts and religious courts, in which the religious courts mainly regulate marriage and inheritance. Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and religious police assert social compliance. Sharia is also used in Sudan, Libya and Afghanistan. Some states in northern Nigeria have reintroduced Sharia courts. In practice the new Sharia courts in Nigeria have most often meant the reintroduction of relatively harsh punishments without respecting the much tougher rules of evidence and testimony. The punishments include amputation of one/both hand(s) for theft, stoning for adultery, and execution for apostasy. In 1980, Pakistan, under the leadership of President Zia-ul-Haq, the Federal Shariat Court was created and given jurisdiction to examine any existing law to ensure it was not repugnant to Islam[3] and in its early acts it passed ordinances included five that explicitly targeted religious minorities: a law against blasphemy; a law punishing the defiling of the Qur'an; a prohibition against insulting the wives, family, or companions of the Prophet of Islam; and two laws specifically restricting the activities of Ahmadis, who were declared non-Muslims.
Under traditional Islamic law[21] an apostate may be given up to three days while in incarceration to repent and accept Islam again and if not the apostate is to be killed without any reservations. There are difference between the four schools in the various details on how to deal with the various aspects of imposing the penalties with respect to the material property and holdings of the apostate and in the status and rights of the family of the apostate. A distinction is also made between "Murtad Fitri", an apostate who was born of Muslim parents, and "Murtad Milli", an apostate who had converted into Islam initially. Some additional penalties and considerations that are mentioned are that a divorce is automatic if either spouse apostatize, an under age apostate is imprisoned till he reaches maturity and then he is killed, and the recommended execution is beheading with a sword. The examples of Apostasy given below show that these punishments are rarely carried out in toto at present, and also underline the problem in harmonizing the constitutional law and Islamic law in the various countries.
In the period of the early Islamic Caliphate, apostasy was considered treason, and was accordingly treated as a capital offense; death penalties were carried out under the authority of the Caliph, the most famous such incidents being the Martyrs of Cordoba. Today apostasy is punishable by death in the countries of Saudi Arabia, Qatar, Yemen, Iran, Sudan, Afghanistan and Mauritania. In Pakistan blasphemy is also punishable by death. Other punishments prescribed by Islamic law include the annulment of marriage with a Muslim spouse, the removal of children and the loss of all property and inheritance rights.
Well WHO DO you associate with, on the conservative side, pal?
