Is it fair to say that Sahih al-Bukhari and Sahih Muslim both state that the penalty for apostasy is death?
That is a matter of interpretation!
The ‘apostasy’ aḥādīth of Sahih Muslim are – in effect – duplicates of al-Bukhari’s, and so I intend to focus on the latter.
The principal ḥādīth offered in support of the death penalty for apostasy is this: ‘Ibn Abbas said: The Messenger of Allah said, “Whoever changes his religion, kill him.”’ (Sahih Al-Bukhari).
My belief is that this ḥādīth is an outright forgery. However, Dr. Kamil, and Professor Abdullah Saeed – Sultan of Oman Professor of Arab and Islamic Studies at the University of Melbourne – appear to disagree with me
Both argue that the ḥādīth is ambiguous, and in need of interpretation, since – if taken literally – would require the death penalty for, say, the Jew who becomes a Christian; or a Christian or Hindu who becomes a Muslim.
Dr Kamil reminds us that: ‘According to the rules of Islamic jurisprudence, when a text becomes open to one level of interpretation, it is automatically reduced from the level of the definitive (qat͑i) to that of speculative (zanni) and may henceforth be subjected to further levels of interpretation, which would, in this case, most likely be that this hadith had envisaged treason as a capital offence and not apostasy as such.’ (‘A Textbook of Ḥādīth Studies – Authenticity, Compilation, Classification and Criticism of Ḥādīth’; my emphasis).
He writes of a second ḥādīth:
‘There is no evidence to indicate that the Prophet Muhammad himself ever imposed the death penalty on any apostate for a simple act of conversion from Islam. If such evidence had existed, it would have provided the necessary prophetic authority to back the death penalty. On the contrary, however, one hadith in the collection of Bukhari (one of the most important collections of hadith for Sunni Muslims) details a man who came to Medina and converted to Islam. Shortly after his arrival, this man wanted to return to his former religion and asked the Prophet for permission to do so. The Prophet let him go free, without imposing the death penalty or, indeed, any punishment.’ (Ibid; my emphasis).
Abdullah Saeed writes, of this same ḥādīth:
‘This man several times sought permission from the Prophet to be released from Islam but the Prophet declined, before eventually allowing him to leave Medina and revert to idolatry. Had the Prophet wanted to impose capital punishment for apostasy, he could have done so.’ (‘Freedom of Religion, Apostasy and Islam’; my emphasis).
Continued: