Apostasy in Sharia: а comparative analysis of “Fatawa ash-Shamgudi” and “Tuhfat al-Muhtaj”

The issue of apostasy (riddah) in Islamic law is one of the most complex and delicate matters, requiring a deep analysis of a person’s intentions, circumstances, and outward expressions of actions. This article provides a comparative analysis of approaches to apostasy based on two authoritative sources: Fatawa ash-Shamgudi and Tuhfat al-Muhtaj by Ibn Hajar al-Haytami. Both works offer explanations regarding the definition of riddah, its characteristics, conditions for its establishment, and legal consequences. Linguistically, riddah means apostasy, while in Sharia, it refers to breaking away from Islam through words, actions, or beliefs indicating disbelief. The Quran and Sunnah emphasize the gravity of this act, as well as the possibility of repentance and returning to Islam. The article examines verses and hadiths that confirm the legitimacy of punishment for apostasy, including the death penalty if the person persists in rejecting Islam. Haj Muhammad ash-Shamgudi, in his fatwas, stresses the importance of considering a person’s intent and awareness of their actions. For instance, wearing a cross alone is not sufficient grounds for declaring someone an apostate if other signs of disbelief are absent. Ibn Hajar al-Haytami complements this view by stating that even imitating non-Muslims in clothing or outward appearances does not necessarily indicate apostasy, especially in cases of coercion. Both scholars agree that the ruling on apostasy should be based on a combination of factors rather than a single isolated sign. Their approaches demonstrate balance and a commitment to a fair interpretation of Sharia norms, highlighting the importance of a detailed analysis of each specific case.