What is the basis for executing one who intentionally abandons prayer?
Chapter on the Ruling on One Who Abandons Prayer
Al-Mughni
Book of the Eclipse Prayers (Solar and Lunar)
Primary text
The basis rests on the Quranic verse commanding the killing of polytheists until they establish prayer and give Zakat, providing a condition for sparing them that is unmet by the one who intentionally abandons prayer, thus maintaining the obligation of execution. Additionally, the Hadith stating 'Whoever abandons prayer intentionally, the covenant is absolved from him' implies permissibility of killing. The Hadith stating 'Between a servant and disbelief is abandoning prayer' indicates that abandonment constitutes disbelief, which permits killing. Furthermore, the Hadith 'I have been prohibited from killing those who pray' implies that those who do not pray are permissible to be killed. Prayer is a pillar of Islam requiring personal and financial performance; thus, its intentional abandonment necessitates execution, similar to the declaration of faith.
Supporting text
The argument against execution is countered by asserting that the texts used to justify killing are specific, overriding general texts that safeguard Muslim lives. The analogy to Hajj is refuted because Hajj is disputed regarding immediate fulfillment. The claim that execution leads to complete abandonment of prayer is countered by noting that one aware of execution is likely to pray, especially after a three-day reprieve, and their continued existence would be futile.