Wael Hallaq states the death penalty was a new element added later and "reflects a later reality and does not stand in accord with the deeds of the Prophet."[2] Montazeri believes that it is probable that the punishment was prescribed by Muhammad during early Islam - due to political conspiracies against Islam and Muslims, and not only because of changing the belief or expressing it. Montazeri defines different types of apostasy. He does not hold that a reversion of belief because of investigation and research is punishable by death, but prescribes capital punishment for a desertion of Islam out of malice and enmity towards the Muslim community.
Abu Dawud has collected the following saying of the Prophet:
" 'Ikrimah said: Ali burned some people who retreated from Islam. When Ibn Abbas was informed of it he said, 'If it had been I, I would not have them burned, for the apostle of Allah said: 'Do not inflict Allah's punishment on anyone.' But would have killed them on account of the statement of the Apostle of Allah, 'Kill those who change their religion.' "7
2. Volume 9, Book 84, Number 58:
3. Volume 9, Book 84, Number 59:
4. Volume 9, Book 84, Number 64:
. Volume 9, Book 83, Number 17:
YUSUFALI: They but wish that ye should reject Faith, as they do, and thus be on the same footing (as they): But take not friends from their ranks until they flee in the way of Allah (From what is forbidden). But if they turn renegades, seize them and slay them wherever ye find them; and (in any case) take no friends or helpers from their ranks;-
PICKTHAL: They long that ye should disbelieve even as they disbelieve, that ye may be upon a level (with them). So choose not friends from them till they forsake their homes in the way of Allah; if they turn back (to enmity) then take them and kill them wherever ye find them, and choose no friend nor helper from among them,
SHAKIR: They desire that you should disbelieve as they have disbelieved, so that you might be (all) alike; therefore take not from among them friends until they fly (their homes) in Allah's way; but if they turn back, then seize them and kill them wherever you find them, and take not from among them a friend or a helper.
Abu Dawud has collected the following saying of the Prophet:
" 'Ikrimah said: Ali burned some people who retreated from Islam. When Ibn Abbas was informed of it he said, 'If it had been I, I would not have them burned, for the apostle of Allah said: 'Do not inflict Allah's punishment on anyone.' But would have killed them on account of the statement of the Apostle of Allah, 'Kill those who change their religion.' "7
2. Volume 9, Book 84, Number 58:
3. Volume 9, Book 84, Number 59:
4. Volume 9, Book 84, Number 64:
. Volume 9, Book 83, Number 17:
YUSUFALI: They but wish that ye should reject Faith, as they do, and thus be on the same footing (as they): But take not friends from their ranks until they flee in the way of Allah (From what is forbidden). But if they turn renegades, seize them and slay them wherever ye find them; and (in any case) take no friends or helpers from their ranks;-
PICKTHAL: They long that ye should disbelieve even as they disbelieve, that ye may be upon a level (with them). So choose not friends from them till they forsake their homes in the way of Allah; if they turn back (to enmity) then take them and kill them wherever ye find them, and choose no friend nor helper from among them,
SHAKIR: They desire that you should disbelieve as they have disbelieved, so that you might be (all) alike; therefore take not from among them friends until they fly (their homes) in Allah's way; but if they turn back, then seize them and kill them wherever you find them, and take not from among them a friend or a helper.