Is immediate execution permissible for an apostate who reverts to disbelief without being asked to repent?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
Immediate execution without seeking repentance is permissible for an apostate whose initial conversion to Islam was secondary (i.e., he converted from another religion, then returned to it), as demonstrated in the case brought before 'Umar regarding a man whose neck was struck immediately by the report from Abu Musa's side. This is reasoned because the reason for execution is disbelief, and in such cases, repentance solicitation is not mandatory, similar to the original disbeliever (*al-asli*). Furthermore, if he were killed before repentance solicitation, the slayer would incur no liability (*daman*), whereas if killing him before solicitation were prohibited, liability would ensue.
Supporting text
However, the narration concerning Mu'adh and the man whose neck was struck is refuted by reports indicating that the man had previously been solicited for repentance by Abu Musa for a month or twenty nights before Mu'adh arrived, suggesting the required procedure had already taken place.