The question addresses whether someone who denies a necessity of Islam is considered an apostate, similar to someone who outright rejects the faith. It also inquires about the implications of such denial, including whether the individual should be given a chance to repent.
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1 Answer
Peace be upon you.
Grand Ayatollah Sayyid Sistani (may Allah protect him):
Yes, denying a necessity, like the prohibition of drinking alcohol, is considered apostasy, as it implies a rejection of the Prophet's (peace be upon him) message regarding its prohibition from Allah. However, for the apostasy to be actionable, certain conditions must be met: the individual must be of age, possess full mental capacity, and act with intent and choice. If someone is coerced into apostasy, it is not valid. Similarly, if they are unaware, distracted, joking, or speaking out of anger, or if their denial stems from ignorance, it does not count as apostasy.
Apostasy is categorized into two types: innate (fitri) and acquired (milli). The innate apostate is someone born to Muslim parents who later rejects Islam. There are differing opinions on whether their Islam is considered valid before reaching maturity, but the prevailing view is that it is.
The ruling for an innate apostate is that they should be executed immediately, their wife is considered divorced upon their apostasy without the need for formal divorce, and she must observe the waiting period of mourning. Their assets at the time of apostasy are divided among their heirs after settling debts, and their repentance does not negate these rulings, although this is a matter of scholarly debate, and caution is advised. There is no obligation to give them a chance to repent.
As for other rulings, their repentance is accepted both internally and externally, their body is purified, their acts of worship are valid, and they may marry a Muslim woman. They can even renew their marriage contract with their previous wife before her waiting period ends, according to the view that she is considered divorced upon their apostasy. They can also acquire new assets through voluntary means like trade or involuntary means like inheritance, even before repenting.
The acquired apostate, in contrast, must be given a chance to repent. If they do not repent, they should be executed. If the apostasy occurs before consummation of marriage, the marriage is annulled without a waiting period. If it occurs after consummation and the wife is of menstruating age, she must observe a waiting period from the time of apostasy. If the husband returns to Islam before the waiting period ends, the marriage remains intact; otherwise, it is annulled.
The assets of an acquired apostate are not divided until their death, whether by execution or otherwise. If they repent and then apostatize again, there is a question regarding whether they should be executed without a chance to repent for the third or fourth time, and caution is advised in this matter.
If the apostate is a woman, she is not executed, and her assets do not transfer to her heirs until her death. Her marriage is annulled upon apostasy without a waiting period if there was no consummation, or if she is young or menopausal. Otherwise, the annulment depends on the completion of the waiting period. The female apostate is imprisoned and pressured to pray until she repents; if she repents, her repentance is accepted. There is no distinction between a woman who apostatizes from a religion or from innate belief.
Source: Minhaj al-Salihin, vol. 3, Foods and Drinks, Non-Animal, section 926 + Inheritance, Disbelief, section 967
Grand Ayatollah Sayyid Khamenei (may Allah protect him):
If a Muslim renounces belief in Allah and the Prophet (peace be upon him) or denies a necessity of Islamic faith, and this denial pertains to the message or involves denying the Prophet's (peace be upon him) message, they are considered an apostate and impure. However, merely neglecting prayer, fasting, and other obligatory acts does not constitute apostasy or disbelief. Until their apostasy is confirmed, they are treated like other Muslims. The conditions for ruling someone as an apostate include maturity, sanity, choice, and intent; thus, the apostasy of a minor, even if they are in their teens, or a mentally ill person, or someone coerced, or actions done without intent (like joking or being distracted) do not count. If someone acts out of overwhelming anger and loses self-control, they are not ruled as apostate.
Apostasy is divided into two categories: innate and acquired. The innate apostate is someone whose parent was Muslim at the time of conception and later rejects Islam. The acquired apostate is someone whose parents were non-Muslim at the time of conception, who later converts to Islam and then returns to disbelief, such as a Christian who converts to Islam and then reverts to Christianity.
The ruling for an innate apostate is that if they are male, their wife is considered divorced without a formal divorce, and she must observe the waiting period of mourning. Their assets at the time of apostasy are divided among their heirs after settling debts, and their repentance does not restore their marriage or assets. However, their repentance is accepted regarding certain rulings, such as their body being purified, their acts of worship being valid, and they may acquire new assets through voluntary means like trade or involuntary means like inheritance. They may marry a Muslim woman and even renew their marriage contract with their previous wife. If the apostate is female, her assets remain hers and do not transfer to her heirs until her death. She is considered divorced from her Muslim husband immediately without a waiting period if there was no consummation. If there was consummation, and she repents before the waiting period ends, the marriage remains; otherwise, it is annulled from the time of apostasy.
For an acquired apostate, their assets do not transfer to their heirs until death. The marriage between the apostate and their Muslim spouse is annulled immediately upon apostasy without a waiting period if there was no consummation. If there was consummation, the annulment is contingent upon the waiting period. If they return to Islam before the waiting period ends, the marriage remains; otherwise, it is annulled. There are other classifications regarding whether they are considered innate or acquired, which are beyond the scope of this discussion.
Innate apostates do not have their Islam accepted outwardly and should be executed if male. Female apostates, even if innate, are not executed but are imprisoned, pressured to pray, and their living conditions are restricted. Their repentance is accepted, and if they repent, they are released from imprisonment. Acquired apostates are given a chance to repent; if they refuse, they are executed. It is recommended to give them three days to repent, and they may be executed on the fourth day.
Source: Educational Message, Purity, Impurities (2) + Tahrir al-Wasila, Inheritance, Inheritance Barriers, Disbelief Types, section 10 + Hudud, Other Punishments, Apostasy
May you be successful in all good.