Apostasy from Islām (Arabic: Irtidād - ارتداد)
Definition
Apostasy from Islām, referred to as irtidād (ارتداد) in Arabic, involves the formal renunciation of the Islamic faith. In Islamic jurisprudence, this act can entail various legal and social repercussions.
Etymology
The Arabic term “ارتداد” (irtidād) comes from the root “ر ت د” (r-t-d), which means “to turn back” or “to revert.” In the context of religious faith, it specifically denotes renouncing one’s Islamic beliefs.
Legal Implications
According to classical Islamic law, apostasy is treated with utmost seriousness. The legal texts provide detailed rulings on how male and female apostates are to be dealt with:
- Male Apostate (Murtadd): Liable to the death penalty if he remains obstinate in his apostasy.
- Female Apostate: Not subject to capital punishment; instead, she may be confined until she recants her apostasy.
Marital Status
- Husband or Wife Apostsizing: A divorce occurs ipso facto if either spouse apostatizes.
- Wife’s Entitlements: The wife is entitled to her entire dower without requiring a formal divorce decree.
- Joint Apostasy: Generally, their marriage can continue, though some jurists like Imām Zufar argue it should be annulled. Should one partner revert to Islam while the other remains an apostate, the marriage is dissolved.
Property Rights
- Male Apostate: According to Abū Ḥanīfah, he is restricted from selling or disposing of his property. However, his students, Abū Yūsuf and Imām Muḥammad, deem him capable of managing his assets as though he were still Muslim.
Treatment of Special Cases
- Minors: A boy who apostatizes is not executed but imprisoned until he reaches maturity. If he persists in his apostasy, he then faces the death penalty.
- Mentally Incapacitated or Coerced Individuals: Lunatics and drunkards are not considered responsible for apostasy. Also, those who apostatize under duress remain unaffected in their legal and marital status.
Gender-Specific Legalities
- Wills: The will of a male apostate is invalid, whereas that of a female apostate remains valid.
Historical Precedent
An example from early Islamic history involves the Khālifah ʿAlī burning apostates alive, which was criticized by Ibn ʿAbbās. He argued that the punishment of burning was against the Prophet’s teachings, implying that execution by the sword was appropriate for apostates.
Scholarly Opinions
The Islamic legal texts reflect a breadth of views:
- Hamilton’s Hidāyah (vol. ii. p. 227, 183, 235, 246; vol. iii. 467; vol. iv. 637) – These volumes provide comprehensive insights into the various legal perspectives regarding apostasy.
- Ṣaḥīḥu ʾl-Buk͟hārī – Provides hadiths relevant to the treatment of apostates and reflects the Prophet’s instructions on the matter.
Further Reading
For those keen on understanding the complexities of apostasy in Islam, the following texts are recommended:
- “The Ordinances of Government” by al-Mawardi
- “Reliance of the Traveller” by Ahmad ibn Naqib al-Misri
- “Textual Sources for the Study of Islam” by Andrew Rippin
- “Freedom of Religion, Apostasy and Islam” by Abdullah Saeed and Hassan Saeed
Takeaways and Conclusion
Apostasy in Islam is a deeply sensitive subject, with significant legal, social, and theological implications. The intricacies of the rulings highlight the diversity within Islamic jurisprudence and the importance of historical and contextual nuances in interpretation. Through scholarly works and legal texts, one gains a more nuanced understanding of how different Islamic traditions and schools of thought address apostasy.
