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Why is a Muslim who converts to Christianity considered deserving of death and is it Islamic to enforce the law of apostasy?

Answered as per Hanafi Fiqh by Jamia Binoria
What my question is that why is a Muslim who leaves the religion of Islam and becomes a Christian considered deserved death whereas punishment for leaving Islam is nowhere mentioned in the Quran as death, instead it is written that there is no compulsion in Deen. But in spite of this if a person leaves Islam and accepts the religion of Christianity, why is he killed and under which law? And is it Islamic to enforce the Law of Irthidad as it is being discussed nowadays in Pakistan? Kindly send the reply in the light of Qur’an and Sunnah

الجواب حامدا و مصلیا

Searching proofs for each problem through only Qur’an e Kareem is becoming a common phenomena nowadays whereas there are four sources of origins as proofs in the sacred Shari’a, i.e. 1. Qur’an e Kareem 2. Sunnath 3.Ijma e Ummath (Consensus of the Ummath) 4. Qiyas e Saheeh (Correct Analogy).
If a matter is established through any one of these sources then it is acceptable in Shari’a and becomes compulsory for a Muslim to act upon it. Likewise in spite of explaining in detail the evils and harms of apostacy and the null and void state of all the Ibadath of an apostate, yet the Qur’an e Kareem does not mention a particular punishment for an apostate. But without any doubt it is established through authentic Ahadees that the apostate is sentenced to death and this death penalty has been remained a matter of consensus of the Ummath from the time of Sahaba e Kiram upto this date and no different opinion is found from anybody in this regard. Fuqahas (Jurists) have unanimously agreed that in Dar ul Islam, apostasy is one of the major crimes and penalty of which is death.
Further, non-availability of a worldly penalty in Qur’an e Kareem for a particular crime is not a proof to say that there is no penalty in this world for such a crime as in the case of consuming liquor where Qur’an e Kareem declares it as Haram but does not mention any penalty along with it. And non-revealing a penalty does not necessitate that there is no punishment for it, contrarily, Nabi Sallallahu Alaihi wa Sallam has imposed ‘Hadd’ upon the consumer of liquor and ordered to strike lashes. In the same way although the worldly punishment of an Apostate is not mentioned in Qur’an e Kareem yet it is established through authentic Ahadees. And to argue with this Ayath that there is no death penalty for apostasy is incorrect and plainly based on lack of understanding because there is not even a sign of permissibility of apostacy in this Ayath, instead, the ruling of a Kafir who has been a Kafir from the inception is mentioned in this Ayath that there is no compulsion for him to embrace Islam.
If there is an effort to implement the Law of Irthidad in Pakistan, make the complete details of it available to us so that the Shar’i ruling on it could be brought into light after pondering over it.

Allah knows best.

This Q&A was indexed from the official english fatwa portal of Jamia Binoria. It is an Islamic educational institute in Karachi, Pakistan.

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