Is a minor apostate executed if he persists in his apostasy after reaching puberty?

General Chapter

Al-Mughni

Book of the Apostate

Book 50 · Issue 9 · Bab 1

Open in Qurani

Primary text

A minor is not executed, regardless of whether his apostasy is deemed valid or not, because a minor is not subject to punitive penalties (*'uquba*), evidenced by the fact that penalties for adultery or theft do not apply, nor is he subject to *qisas* (retaliation in kind). If he persists in his apostasy upon reaching puberty, the ruling of apostasy is established, and he is asked to repent for three days; if he does not repent, he is executed, whether he was considered apostate before puberty or not, and whether he was a native Muslim who apostatized or a disbeliever who became Muslim as a minor and then apostatized.

Supporting text

The minor is not executed before reaching puberty, as no corporal punishment is incumbent upon him before that time.