Is a sorcerer to be asked to repent (istitaab)?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
There are two narrations concerning whether a sorcerer must be asked to repent before punishment is enacted. The apparent view, supported by the practice of the Companions (Sahaba), is that the sorcerer is not asked to repent. No narration indicates that any Companion asked a sorcerer to repent. Furthermore, the act of sorcery is considered a matter of the heart that does not cease with mere repentance, thus resembling one who has not repented. Supporting evidence is found in the report transmitted by Hisham ibn Urwah from his father, from Aisha, where a sorceress asked the Companions, who were numerous, if she had any path to repentance, but none of them issued a ruling in her favor.
Supporting text
The second narration holds that the sorcerer must be asked to repent, and if repentance is offered, it is accepted. This view holds that sorcery is not more severe than polytheism (Shirk), and the polytheist is asked to repent. Knowledge of sorcery does not preclude the acceptance of repentance, as Allah accepted the repentance of Pharaoh's magicians and numbered them among His allies in a single hour. If a sorcerer who was considered an unbeliever converts to Islam, his conversion and repentance are valid, and if repentance is valid for one who converts from unbelief, it is also valid for one who repents from sorcery, similar to unbelief. The culpability of disbelief and killing stems from the act of practicing sorcery, not merely knowing it, as evidenced by the acceptance of Islam from a sorcerer. Repentance can be made for the act, just as repentance can be made for a belief that constitutes disbelief, similar to Shirk.