Is there a distinction between male and female apostates regarding the death penalty?
General Chapter
Al-Mughni
Book of the Apostate
Primary text
There is no distinction between men and women regarding the obligation of execution for apostasy. This view is held by Abu Bakr, Ali, Al-Hasan, Al-Zuhri, Al-Nakha'i, Makhul, Hammad, Malik, Al-Layth, Al-Awza'i, Al-Shafi'i, and Ishaq. The supporting evidence is the general decree: Whoever changes his religion, kill him, narrated by Al-Bukhari and Abu Dawud. Another authoritative proof is the statement: The blood of a Muslim is not lawful except for three: the married adulterer, a life for a life, and the one who forsakes his religion and separates from the community, which is agreed upon (Muttafaqun 'Alayh). Furthermore, a female apostate is a responsible person who substituted the true religion with falsehood and must therefore be executed like a man.
Supporting text
A dissenting view, narrated from Ali, Al-Hasan, and Qatadah, holds that female apostates should be enslaved (captured as war spoils) but not executed. This is evidenced by Abu Bakr enslaving the women of Bani Hanifa, and giving one to Ali, from whom Muhammad ibn Al-Hanafiyyah was born, an act performed publicly without objection from the Companions, suggesting consensus on enslavement for women. Abu Hanifa holds that women are compelled to Islam through imprisonment and beating but not killed, based on the Prophet's statement: Do not kill women, and because they are not killed for original disbelief, they should not be killed for subsequent disbelief, similar to a child.