Is the prescribed legal punishment (Hadd) executed on an apostate who subsequently converts back to Islam?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
The prescribed legal punishment (Hadd) must be executed upon an individual who committed an act warranting Hadd, subsequently apostatized, and then reverted to Islam. This position is held by Al-Shafi'i, irrespective of whether the apostasy involved joining the land of war (Dar al-Harb) or not. The basis for this ruling is that the punishment constitutes a right that remains established and is not nullified by the subsequent apostasy, similar to the rights of other people (Haqq al-Adamiyyin). The statement "Islam obliterates what preceded it" is interpreted to apply only to acts committed during the state of prior disbelief, not acts committed after embracing Islam but before repentance from apostasy.
Supporting text
Qatadah, Abu Hanifa, and Al-Thawri hold that if a Muslim commits an offense leading to a prescribed punishment, then joins the Romans (Byzantines/Christians), and is subsequently apprehended, the punishment is waived if the departure constituted apostasy. They reason that apostasy invalidates all prior deeds, thereby nullifying obligations due to God, similar to actions performed during original disbelief, because Islam nullifies previous actions. This exception excludes rights pertaining to other people (Haqq al-Nas).