Does the apostate's ownership of property dissolve immediately upon apostasy?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
The majority of scholars rule that the ownership of property belonging to an apostate does not dissolve merely upon the act of apostasy. Ibn al-Mundhir related consensus on this among scholars whose opinions are preserved. Consequently, if the apostate is killed or dies, ownership dissolves only upon death. If the apostate returns to Islam, ownership remains intact. The supporting evidence for this majority view is that the act of apostasy is a cause that permits the shedding of blood, yet it does not necessitate the forfeiture of property, analogous to the case of the adulterer (*muhsan*) or intentional homicide, as the loss of sanctity (*'isma*) does not automatically entail the loss of property rights. Furthermore, if an apostate joins the abode of war (*dar al-harb*), their property ownership is not immediately voided.
Supporting text
Abu Bakr held that ownership dissolves upon apostasy. If the apostate later returns to Islam, ownership is restored to them through a new legal vesting, because the sanctity of their life and property is established only through their Islam; thus, the cessation of their Islam removes that sanctity, similar to joining the abode of war. Another view, held by the companions of Abu Hanifa, maintains that the property is held in abeyance (*mawquf*); if the apostate returns to Islam, it is confirmed that ownership was preserved, and if they die or are killed while apostate, it is confirmed that ownership dissolved from the moment of apostasy. Three similar opinions are also narrated from Al-Shafi'i.