Apostasy

Apostasy (Arabic: ارتداد, irtidād) refers to leaving and renouncing the religion of Islam. A Muslim who turns away from Islam is called a Murtadd (Arabic: مرتد, apostate). Apostasy is realized by denying the existence of God, the truthfulness of Prophet Muhammad (s), the religion of Islam, and the Essentials of Religion such as Prayer and Fasting, as well as by explicitly insulting religious sanctities like the Ka'ba.

Apostates are divided into two types: al-Murtadd al-Milli (a person who converted to Islam and then later on he rejects Islam. Milli is from millat which means a community.) and al-Murtadd al-Fitri (implies to a person has apostated from the faith in which he was born), each having specific Shar'i rulings. According to the famous view of jurists, the punishment for a male Murtadd al-Fitri is death, while a male Murtadd Milli is given the opportunity for repentance and return to the religion; if he does not repent, he is killed. A female apostate, whether Milli or Fitri, is not killed but is imprisoned until she repents.

Some jurists, contrary to the famous view, believe that a male Murtadd al-Fitri is also not killed if he repents.

Being Najis (ritually impure) and the impermissibility of Marriage with an apostate are other rulings of apostasy. Some believe that the reason for such punishments for apostasy is to prevent Muslims from being negligent in religiosity and to prevent the weakening of religious beliefs by opponents of Islam.

Concept and Types

Apostasy is a jurisprudential term, and jurists have defined it as turning away from Islam. A Muslim who has left the religion of Islam is called a Murtadd. In jurisprudential books, apostasy is discussed in various sections including Tahara, Prayer, Zakat, Fasting, Hajj, trade, Marriage, and Inheritance. In some jurisprudential works, a separate section titled "Kitāb al-Murtadd" (Book of the Apostate) is dedicated to apostasy.

Types of Apostate

Main articles: Murtadd al-Fitri and Murtadd al-Milli

There are two types of apostates, each with its own specific rulings:

• Murtadd al-Fitri: Someone who was born a Muslim; meaning their father and mother or one of them were Muslim, and then left Islam.
• Murtadd al-Milli: Someone who was originally a non-Muslim, converted to Islam, and then turned away from Islam.

Conditions and Ways of Proving Apostasy

Apostasy is realized through both speech and action:

Apostasy by Speech: This occurs when someone says something indicating they have left the religion of Islam; for example, saying: "God does not exist," or "Muhammad (s) is not a prophet," or "Islam is not a true religion." Denying the Essentials of Religion is also of this type. Essentials of religion refer to things whose existence in Islam is so clear that it does not require argumentation and all Muslims accept them; such as the obligation of Prayer, Fasting, and Hajj.

Apostasy by Action: This occurs when someone intentionally performs a blasphemous act (Kufr) with knowledge of its blasphemous nature; for example, prostrating to an idol, worshipping the moon or sun, or explicitly insulting religious sanctities like the Ka'ba.

According to Muhammad Fadil Lankarani, doubt and skepticism in Tawhid (monotheism) and Nubuwwa (prophethood), as long as it does not reach denial and rejection, do not lead to apostasy. As stated by Allāma Shaʿrānī, "A researcher who is seeking evidence and proof, if encountered with doubt and is in pursuit of finding the true religion, doubt does not cause Kufr and apostasy during the period of investigation; provided, of course, that they do not engage in denial with their tongue."

Jurists consider Intellect, puberty, intention, and free will as conditions for the realization of apostasy. Based on these conditions, blasphemous words spoken by an insane person or someone who has not reached the age of puberty do not cause their apostasy; also, someone who has not spoken blasphemous words intentionally or has been forced to say blasphemy is not considered an apostate.

According to the Fatwa of jurists, apostasy is proven in two ways: one is the apostate's own confession to their apostasy, and the other is Bayyina (evidence); meaning two just men testify to an individual's apostasy. According to Al-Shahid al-Awwal, if someone against whom two witnesses have testified regarding apostasy says that he made a mistake, his word is accepted; the same applies if he says he was forced to do so and there is circumstantial evidence supporting his claim.

Instances of Apostasy in the Islamic World

In exegetical and historical books, instances of apostasy during the time of the Prophet (s) have been reported. Among them are the two sons of Abū l-Ḥaṣīn, who was one of the Ansar. They left Islam and converted to Christianity upon the invitation of a group of Christians. The Prophet cursed them and called them the first apostates. Also, Uqba b. Abi Mu'ayt, who was one of the elders of Quraysh, recited the Shahadatayn so that the Prophet (s) would eat from his food, but after a while, at the request of his friend Umayya b. Khalaf, he spat in the Prophet's face and put his foot on the Prophet's neck, becoming an apostate. After his capture in the Battle of Badr, the Prophet ordered his execution. Template:Note

Umm al-Ḥakam, daughter of Abu Sufyan, and Fāṭima, sister of Umm Salama (wife of the Prophet), were also among the female apostates during the Prophet's time. Umm al-Ḥakam became Muslim again during the Conquest of Mecca. Abd Allah b. Sa'd b. Abi Sarh, one of the scribes of the Qur'an, became an apostate, and Prophet Muhammad (s) ordered his killing, but he pardoned him upon the mediation of Uthman b. Affan.

Sayyid Abd al-Karim Musawi Ardabili, in his jurisprudential book Fiqh al-ḥudūd wa l-taʿzīrāt, has cited instances of apostasy during the time of the Prophet and the Imams (a).

In recent years, individuals have been killed or sentenced to apostasy on charges of apostasy; including:

• Ahmad Kasravi was killed by two members of Fada'iyan-e Islam in 1324 Sh/1946 on charges of apostasy due to insults he had directed against the religion of Islam and Shi'a in the magazine "Shīʿagarī".
• Salman Rushdie was sentenced to death in Mehr 1367 Sh/October 1988 by the Fatwa of the then leader of the Islamic Republic of Iran, Imam Khomeini, due to writing the book "The Satanic Verses". The reason for issuing this verdict was considered to be Salman Rushdie's apostasy.
• Shahin Najafi, a rap singer, was accused of insulting Imam al-Hadi (a) by Ayatollah Ṣāfī Gulpāyigānī.

Rulings of Apostasy

Some of the rulings regarding apostasy are as follows:

Punishment of Apostate

The punishment for a male Murtadd Milli if he does not repent, and also for a male Murtadd Fitri, is death; but a female apostate is imprisoned until she repents or dies. However, if a female Murtadd Fitri and a Murtadd Milli, whether female or male, repent, their repentance is accepted.

Some jurists, contrary to the famous fatwas regarding the rulings of apostasy, have proposed other views; including Sayyid Abd al-Karim Musawi Ardabili and Muhammad Ishaq al-Fayyad among the Marja's, who have considered the ruling of a male Murtadd Fitri like the ruling of other types of apostates; meaning they have issued a fatwa that a male Murtadd Fitri is also not punished if he repents.

Abd Allah Javadi Amoli has also said that someone who falls into doubt through research and turns back from religion is not killed; because based on hadiths, Hudud punishments should not be applied when there is doubt (shubha). Sayyid Muhammad Sa'id al-Hakim among the Marājiʿ, in a different view, also believes that although according to the Quranic verse, an apostate deserves a great punishment in the Hereafter, punishment in this world is not anyone's duty. Some researchers have also reached the belief that the punishment for an apostate is among the changeable Ta'zir punishments and Hukm al-Wala'i (governmental rulings) which were determined by the Prophet (s) in the early days of Islam to counter the sedition and deceit of a group of disbelievers and hypocrites. Determining the punishment for an apostate, its extent, and execution is based on the interests of the Islamic society and depends on environmental conditions and is up to the ruler's discretion.

Philosophy of Apostate's Punishment

In explaining the philosophy of the apostate's punishment, various wisdoms have been mentioned:

• Since Islam is the foundation of the political system, apostasy and its publicization cause the weakening of Islam and the collapse of the political system based on it. Therefore, the Islamic Government is obliged to stand against the publicization of apostasy and consider punishment for it.
• Since Islam is the factor of social cohesion, apostasy and its declaration cause the disruption of people. Mehdi Bazargan quotes Professor Marcel Boisard, a law professor at the University of Geneva: "The reason for Islam's strictness regarding the apostate may be that in the governmental system and administrative system of Islamic societies, faith in God did not have merely a doctrinal and personal aspect, but was part of the bonds of the Ummah's cohesion and the foundations of government, such that with its loss, the consistency and continuity of society would disintegrate, and it is like murder or sedition and corruption which cannot be tolerable."
• Declaring Islam means commitment to a specific order and acceptance of a special identity; therefore, apostasy is a type of rebellion against the general identity of society, which disrupts the peace of society.
• The reason for strictness in the field of apostasy punishment is so that we do not consider religion a simple matter and be more careful in choosing it.
• The punishment for the apostate prevents opponents of Islam from converting to Islam with the intention of weakening people's faith and then leaving Islam; as was the plan of the enemies of Islam at the beginning of Islam's emergence, and for this reason, the punishment for the apostate was established.

Other Rulings

Based on jurisprudential sources, some rulings of apostasy are as follows:

• Najāsa (Impurity): Apostasy causes the impurity of the apostate. A female Murtadd Fitri and a Murtadd Milli, whether female or male, become pure if they repent.
• Annulment of Marriage: If after the marriage contract and before consummation, one of the spouses becomes an apostate, the marriage becomes void. If after consummation, the husband becomes an apostate and is a Murtadd Fitri, the marriage becomes void; but if the wife becomes an apostate, whether Fitri or Milli, if she does not repent by the end of the 'Idda (waiting period of divorce), the marriage contract becomes void; otherwise, it remains valid. The same applies if the husband is a Murtadd Milli. Apostasy prevents the marriage of a Muslim with an apostate.
• Inheritance: Apostasy prevents the apostate from inheriting from a Muslim.

Apostasy in Iranian Law

In the Islamic Penal Code of Iran, apostasy is not mentioned as a crime and no punishment has been determined for it; but some consider it a crime citing Article 167 of the Constitution. This article states: "The judge is bound to endeavor to judge each case on the basis of the codified law. In case of the absence of any such law, he has to deliver his judgment on the basis of authoritative Islamic sources and authentic fatwas..."

Monographs

• Irtidād, māhiyyat wa āthār-i ān, by Marḍiyya Iskandar Jūy, Markaz-i Nashr-i Hājar (affiliated with the Management Center of Women's Seminaries), 1391 Sh.
• Dar bāb-i takfīr wa irtidād, by Sayyid Ṣadrā Hāshimī, Tehran, Nashr-i Negāh-i Moāser, 1400 Sh.
• Jāygāh-i fiqhī wa ḥuqūqī-yi irtidād az dīdgāh-i madhāhib-i khamsa, by Muḥammad Riḍā Rūzbahānī, Nashr-i Kitāb-i Āvā, Tehran, 1397 Sh.
• Madkhalī bar mafhūm-i ʿadālat wa āzādī dar Islām: Bāzpazhūhī-yi jorm-angārī-yi irtidād..., by Aḥmad Fallāḥī, Piranshahr, Nashr-i Ārās, 1395 Sh.

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