faith is not incumbent*, (according to what the.learned have remarked
npon this head,) fince a. call to the faith has already reached the
apoftate.
who, if he re- apoftate is to'be imprifon'ed for three days, within which time pent not with- r x j .
in three dz;s, if he return to the faith, it is w e ll: but if not, he mint be 11am.—
dearth; f ’It is recorded in the Jama Sagheer that “ an expofition of the faith is
“ to be laid before an apoftate, and i f he refufe the faith, he muft be
“ {lain:”— and with refpeft to what is above ftated, that “ he is to
“ be imprifoned for three days,” it only implies that if he require a
delay, three days may be granted him, as fuch is the term generally
admitted and allowed for the purpofe of confideration. It is recorded
from Haneefa and Aboo Toofaf that the granting of a delay of three
days is laudable, whether the apoftate require it or not: and it is recorded
from Shafei that it is incumbent on the Imam to delay for three
days, and that it is not lawful for him to put the apoftate to death
before the lapfe of that time; fince it is moft probable that a Mufful-
man will not apoftatife but from fome doubt or error arifing in his
mind; wherefore fome time is neceflary for confideration; and this
is fixed at three' days. The arguments of our dodtors upon this point
. are twofold.— f i r s t , G o d fays, in the Koran, “ S l a y t h e u n -
b e l i e v e r s , ” without any referve of a delay of three days being
granted to them; and the prophet has alfo faid “ Slay the man who
“ changes his religion," without mentioning any thing concerning a
delay: s e c o n d l y , an apoftate is an infidel enemy, who has received a
call to the faith, wherefore he may be llain upon the inftant, without
any delay. An apoftate is termed- on this occafion an infidel
enemy, becaufe he is undoubtedly fuch; and he is not protested, fince
he has not required a protection; neither is he a Zimmee, becaufe
capitation-tax has not been accepted from him; hence it is proved
* T h a t is, it is lawful to kill an apoftate without making any attempt to recover him
. .from his apoftacy.
that
that he is an infidel enemy 1 It is to be obferved that,, in^thefe rules,,
there is no difference made between, an apoftate who is a,freeman, ™
one who is a flave, as the arguments upon which they are eftablilhed.
apply equally to both descriptions.
T he repentance of an apoftate is fufficiently manifefted in his formally
renouncing all religions except the religion of IJldm, becaufe
apoftates are not a fiehi: or if he formallyrenounce the religion which
he embraced upon his apoftacy, it fuffices,. fince thus- the end is
obtained..
If any perfon kill an apoftate, Before an expofition of the faith
has been laid open to him, it is abominable, (that is, it is laudable to let
him continueunmolefted.) Nothinghowever.is incurred.by the flayer;
becaufe the infidelity of an alien renders the killing of him admiffible,
and an expofition of the faith, after a call to the faith, is not neceflary..
If a Muffulman woman become an apoftate, Ihe is not putto death,
but is imprifoned, until ihe return to the faith. Shafei maintains
that {he is to be put to death ; becaufe of the tradition before cited;
and alfo, becaufe, as men are put to death for apoftacy folely for this
reafon, that it is a crime of great magnitude, and therefore requires that
its punhhment be proportionably fevere, (namely, death,) fo the apoft
tacy of a woman being likewife (like that of man) a crime of great magnitude,
it follows that her punifhment Ihould be the fame as that of a man.
The arguments of our doctors upon this point are twofold.—-First,.
the prophet has forbidden the flaying of women,, without making any
diftindtion between, thofe who are apoftates, and thofe who are origina
infidels. Secondly, the original principle in the retribution of offences
is to delay it to a future ftate, (in other words, not ta.infhdt pumih-
* Arab. Hirbeer, a term which the tranflator has. generally rendered alien,.and which
applies to any infidel not being a fubjea o f die Muffulman government;
whetherhe be
a freemenor a
Jlaveù
His repentance
is eftablilhed
by a
Ample recantation.
Nothing is
incurred by
the premature
killing of an
apoftate.
& female apoftate
is imprifoned
until
Ihe return to
the faith.