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Apostasy in Islam (Arabic: ردة‎‎ riddah or ارتداد irtidād) is commonly defined as the conscious abandonment of Islam by a Muslim in word or through deed.[1][2] It includes the act of converting to another religion by a person who was born in a Muslim family or who had previously accepted Islam.[3] The definition of apostasy from Islam, and whether and how it should be punished are matters of controversy, and Islamic scholars differ in their opinions on these questions.[4][5][6]
Apostasy in Islam includes within its scope not only the wilful renunciation of Islam by a Muslim through a declaration of their renunciation of the Islamic faith (whether for another religion or irreligiosity), or if lacking a declaration, then by specific deed of undergoing the rites of conversion into another religion, but also even denying, or merely questioning, any "fundamental tenet or creed" of Islam, such as the divinity of God, prophethood of Muhammad, or mocking God, or worshipping one or more idols.[7][8] Different Muslim denominations and schools of thought may also hold different additional views of what each consider a fundamental tenet of the faith. Nevertheless, Muslim jurists from the early period, from different Muslim denominations and schools of thought, developed legal institutions to circumvent harsh punishment in allegations or charges of apostasy. These institutions set the standard for what counts as apostasy from Islam so high that at least prior to the 11th century practically no judgment of apostasy could be passed,[9] though since then, these high standards of what counts for apostasy have not been consistently applied throughout the Muslim World.
The apostate term has also been used for people of religions that trace their origins to Islam, such as the Bahá'ís in Iran, even when the modern adherents of said religions may never have actually been Muslims themselves. Apostasy in Islam does not include acts against Islam or conversion to another religion that is involuntary, forced or done as concealment out of fear of persecution or during war (Taqiyya or Kitman).[10][11]
Until the late 1800s, the vast majority of Islamic scholars in Madh'hab (Sunni) and Imamah (Shia) schools of jurisprudence held that for adult men, apostasy in Islam was a crime as well as a sin, an act of treason punishable with the death penalty,[5][12] typically after a waiting period to allow the apostate time to repent and return to Islam.[5][13][14][15] The kind of apostasy generally deemed to be punishable by the jurists was of the political kind, although there were considerable legal differences of opinion on this matter.[16] Wael Hallaq states that "[in] a culture whose lynchpin is religion, religious principles and religious morality, apostasy is in some way equivalent to high treason in the modern nation-state."[17] In the late 1800s, the use of criminal penalties for apostasy fell into disuse, although civil penalties were still applied.[5]
According to Abdul Rashied Omar, the majority of modern Islamic jurists continue to regard apostasy as a crime deserving the death penalty.[13] Some consider apostasy in Islam to be a form of religious crime, although others do not.[4][5][18] Others argue that the death penalty is an inappropriate punishment,[19][20][21][22] inconsistent with the Qur'anic injunctions such as Quran 88:21-22[23] or "no compulsion in religion";[24] and/or that it is not a general rule but it was enacted at a time when the early Muslim community also faced internal enemies who threatened its unity, safety, and security, and needed to prevent and punish the equivalent of desertion or treason,[25] and should be enforced only if apostasy becomes a mechanism of public disobedience and disorder (fitna).[26] According to Khaled Abou El Fadl, moderate Muslims do not believe that apostasy requires punishment.[23] Critics argue that the death penalty or other punishment for apostasy in Islam is a violation of universal human rights, and an issue of freedom of faith and conscience.[19][27]
Under current laws in Islamic countries, the prescribed punishment for the apostate (or murtadd مرتد
ranges from execution to prison term to no punishment.[28][29] Sharia courts in some countries use civil code to void the Muslim apostate’s marriage and deny child custody rights, as well as his or her inheritance rights for apostasy.[30] In the years 1985-2006, four individuals were executed by governments for apostasy from Islam: "one in Sudan in 1985; two in Iran, in 1989 and 1998; and one in Saudi Arabia in 1992."[24] Twenty-three Muslim-majority countries, as of 2013, additionally covered apostasy in Islam through their criminal laws.[31] The Tunisian Constitution of 2014 stipulates protection from attacks based on accusations of apostasy[32]
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