# Did the early Hanafis hold that apostates should be killed?

*Apostasy in the early Hanafi school: two narrations, threat and treason*

- URL: https://muftiabulayth.org/r/rtwywca2-pq/s/15/
- Date: 2021-01-29 · Kind: discussion · Transcript tier: machine · Recording: Shaykh Atabek Shukurov | Mortgages, Madhabs & Molvi-ism | MindTrap 48 | Mufti Abu Layth (1:11:04–1:12:59)
- Status: general teaching
- Watch from the start of the segment: https://www.youtube.com/watch?v=rtwyWCa2-pQ&t=4264s
- Recording page: https://muftiabulayth.org/r/rtwywca2-pq/

**Topics:** Apostasy and blasphemy; The Hanafi school and Imam Abu Hanifa

**Summary (not a quotation; machine-made, unchecked):** The guest says the early Hanafi view, from Abu Hanifa and Zufar, is that apostasy itself carries no punishment and only an actual threat is punished; Mufti Abu Layth calls today's Hanafi blasphemy laws upside down.

## Longer summary

Mufti Abu Layth says the early Hanafis challenged the killing of apostates, yet Hanafis today implement blasphemy laws, as in Pakistan's well-known cases, which he calls upside down. The guest says two statements are transmitted from Abu Hanifa: the first, supported by the early scholars, that apostasy carries no punishment for either gender, and the second, from Imam Muhammad, that a woman is not punished but a man is. Mufti says the distinction was the threat of revolt from a man; the guest agrees that later Hanafis took a potential threat as valid, while Zufar and the early scholars required an actual threat, regardless of religion, so that even a Muslim who causes such a threat is punished. Mufti sums it up as treason or social instability rather than religion, and the guest agrees, adding that later Hanafis took on a Shafi'i inclination.

## Sources and names cited

- Shaykh Atabek Shukurov (guest)
- Abu Hanifa
- Imam Muhammad (al-Shaybani)
- Zufar
- riddah (apostasy)
- Hanafi school

## Transcript (machine tier, 1:11:04–1:12:59)

[1:11:03] So now everyone will become that killer you know. M but this type of a hadith should not be given away to the people like that. And what's interesting is the early hanafies actually challenged that didn't they? They said that look you don't kill the apostate and imanif said you don't and and you know will write about look the women you don't kill them because you know and so on and yet today hanafi will implement by you know blasphemy laws like in Pakistan they'll have the the famous cases so I mean what the hell it's just upside down you know in terms of killing the apostle in hi school we

[1:11:42] have two two opinions okay so the abuhanif so they transmit two statements. So the first statement is followed supported by the early. Okay. So apostasy does not instate um uh uh any punishment. Okay. Regardless for both of the genders. And the second uh uh narration is transmitted from Imam Muhammad. [clears throat] Okay. Female will not be punished but male will be punished.

[1:12:11] But that was but that was the point. You see the distinction would be because from the male there's a threat that he could be this could be a revolt. Yes. Which the realah was the actual the cause for that hook. Yeah. Yeah. Yeah. Yeah. Yeah. And obviously the haf they took the potential threat as valid.

[1:12:34] Okay. But early early Zafar and those they said no it's it's not potential but it should be actual and it's not because of changing the religion. So even if someone is Muslim and he's causing threat so he should be punished. Yeah. So this they saw this more as like treason or social instability not about the religion. No no no exactly that what was the case.

[1:12:58] Yeah. But then later han they became like more like a shi inclination. So it became very widely spread. Yeah. I mean the the early hanafi is another masala that's quite notoriously they're known for is the little speaking of the pub. Yeah yeah yeah. So the having a little No, no, no, no, no.

## Cite

Mufti Abu Layth Archive, segment rtwyWCa2-pQ/s/15. https://muftiabulayth.org/r/rtwywca2-pq/s/15/

Not a fatwa: these answers were given to specific people at specific times. Ask a qualified scholar about your own situation.