Is apostasy (riddah) valid from a person lacking intellect?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
Apostasy is not valid from anyone who lacks intellect. This includes a child without comprehension, an insane person, one whose intellect is removed by unconsciousness (ighma), sleep, sickness, or the consumption of permissible medicine. The apostasy of such individuals is invalid, and their speech carries no legal consequence. Ibn al-Mundhir reported consensus among the scholars whose views are known that if an insane person apostatizes during insanity, they remain Muslim according to their previous state. If such a person is intentionally killed, retribution (qawad) is due if their guardians demand it. This is supported by the Prophet's statement: 'The pen has been lifted from three: the child until he reaches puberty, the sleeper until he awakens, and the insane person until he recovers consciousness' (Reported by Abu Dawud and Al-Tirmidhi). The basis for this ruling is that these individuals are not accountable (mukallaf), thus their speech is not judged, similar to how their confessions, divorces, or manumissions are not judged.