What is the legal consequence for a non-ruler executing an apostate?

General Chapter

Al-Mughni

Book of the Apostate

Book 50 · Issue 2 · Bab 1

Open in Qurani

Primary text

If someone other than the Imam executes the apostate, he has acted improperly (*asa'a*), but no financial guarantee (*daman*) is incumbent upon him, because the executed person was not legally inviolable (*mahall ghayr ma'sum*). This applies whether the execution occurred before or after seeking repentance (*istitaabah*). The executor is subject to discretionary punishment (*ta'zeer*) for his transgression and presumption of authority.