Who has the authority to execute a convicted apostate (Murtadd)?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
Execution of the apostate, whether free or a slave, belongs exclusively to the Imam (ruler). This is the position held by the majority of scholars. The reasoning is that apostasy is a crime against the right of Allah (Haqq Allah), and thus execution falls under the jurisdiction of the Imam, similar to the stoning of an adulterer or the execution of a free apostate. The hadith concerning implementing Hadd punishments upon one's property does not encompass execution for apostasy, as it is a killing due to disbelief, not strictly a Hadd punishment in this context.
Supporting text
Al-Shafi'i, in one narration concerning a slave apostate, holds that the master has the right to execute the slave, supported by the hadith stating, 'Implement the prescribed punishments upon what your right hands possess.' Additionally, it is mentioned that Hafsah executed a sorceress slave girl. Another supporting argument suggests that since it is a right of Allah, the master may enforce it upon his slave, akin to flogging for fornication.