That said, the penalty for converting from Islam in the Qu'ran is death. Is it not?
There is no mandatory death penalty in the Koran for
any crime. The death penalty for apostasy in fact conflicts with the Koran.
Koran 5:32-33, 45, 2:178
In 5:32, after relating the story of the murder of H
ab
il by his brother Q
ab
il, God says:
On that account We ordained for the Children of Israel that if any one slew a person - unless it be for murder or for spreading mischief in the land - it would be as if he slew the whole humanity: and if any one saved a life, it would be as if he saved the whole humanity. Then although there came to them Our Messengers with clear (guidance), yet, even after that, many of them continued to commit excesses in the land. (5:32)
In the context of an emphasis on preserving the life of each and every individual the above verse mentions only two crimes for which a person can be killed:
1. Murdering another human being.
2. Spreading mischief (
fasa
d) in the land.
Nowhere else the Koran mentions any other crime for which the death penalty is considered. There are, of course, verses that mention killing during a war in the way of God. But that is different from killing as a penalty for a crime. Moreover, in the Koranic understanding the objective of even killing in a war is to stop or punish crimes similar to the two mentioned in the above verse -- violence and mischief -- when committed in an organized way by a tribe or nation 2:191-193, 2:217, 4:88-91
Hence the above-mentioned two crimes exhaust all possible cases for which the Koran considers the death penalty
[FONT="][/FONT]. And in both of these cases, the death penalty is not mandatory.
In case of spreading mischief in the land, the Koran says in the next verse:
The recompense for those who wage war against God and his Messenger
[FONT="][[/FONT], and strive with might and main for mischief through the land
[FONT="][/FONT] is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land. That is their disgrace in this world, and for them in the hereafter is a severe punishment. (5:33)
There is no prescribed mandatory death penalty here. Even when the person wages war against God and his Messenger along with striving in the land for mischief, death is considered only one of several options, starting from exile. If such is the case with persons who wage war against God and his Messenger and actively seek to spread mischief in the land, then the question of death as a prescribed penalty for an apostate who continues to lead a peaceful life after his sin of apostasy can hardly arise within a Koranic perspective.
A little later in the same surah the Koran deals with the other crime murdering another human being -- for which death penalty can be applied:
And We ordained for them in [the Torah]: Person for person, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds equal for equal. But if anyone remits the retaliation as charity, it shall be an expiation for him. And whoever does not judge by what God has sent down, such are the transgressors (
za
limu
n)
[FONT="][/FONT]. (5:45)
The above verse refers to what God commanded the Jews through the Torah, but in the following verse the Koran gives a more balanced law to the Muslims:
O you who believe! Retaliation is prescribed for you in the matter of the slain, the free for the free, and the slave for the slave, and the female for the female. But if one (who killed) is forgiven by the brother of (the one killed) against ransom, there should be follow up in fairness and payment to the heir in handsome gratitude. This is a concession from your Lord and a mercy (from him). Then whoever exceeds the limit (of the ransom agreement) after this he shall have a painful chastisement. (2:178)
Again there is no
mandatory death penalty. If the relatives of the murdered person accept ransom, the death penalty can be removed. There is no mandatory death penalty in the Koran for any crime. The Koran does not prescribe the death penalty even for crimes more serious than simple apostasy.
4:88-91
The four verses, 4:88-91, when examined, also show that the Koranic perspective conflicts with the death penalty for apostasy. The first two verses state:
Then what is the matter with you that you are divided into two groups regarding the hypocrites? God has cast them backward because of what they have earned. Do you want to guide him whom God has made to go astray? And he whom God has made to go astray, you will not find for him any way. They wish that you reject faith as they have done, so that you all become the same. So take not protectors/friends from them till they emigrate in the way of God. But if they turn away, seize them and kill them wherever you find them, and take neither protectors/friends from them nor helpers.
This passage begins by talking about hypocrites, that is, people who had declared themselves Muslims but in their hearts had decided not to believe in the teachings of Islam. The demand that they should do
hijrah fi
sabi
l alla
h (emigrate for the sake of God) shows that they are not the hypocrites of Madinah but are living among non-Muslims in Makkah and possibly elsewhere. Verse 98 shows that these people were not doing
hijrah despite the fact that they were
able to. The reason for their not doing
hijrah was their hypocrisy. Makkan non-believers who had persecuted Muslims for years, would not have tolerated in their midst any true Muslims. They would have accepted among them only those Muslims who had stopped taking Islam seriously and felt more comfortable among non-believers, hostile to Islam, than among Muslims. They pretended to be Muslims because they wanted to be secure from both sides. And Makkan non-believers did not force them to publicly renounce their Islam because they found them useful for gathering information about Muslims or for some other subversive actions against the ummah.
In order to defeat these hypocrites in their game and force them to clearly choose between Islam and
kufr, God commanded them to do
Hijrah. Their obedience to this command meant that they had chosen Islam and their disobedience meant that they had chosen
kufr. Those who chose
kufr in this way became apostates, since previously they called themselves Muslims. Thus the verses are a source of guidance for us regarding the way the apostates are to be treated.
At first sight the words seize them and kill them wherever you find them would suggest that they are to be killed. But this is quickly seen to be wrong if we read the next two verses:
Except those who join a group between you and whom there is a peace treaty or those who approach you with their hearts restraining them from fighting you or fighting their own people. Had God willed he would have given them power over you and they would have fought you. So if they withdraw from you and do not fight you but give you guarantees of peace, then God has opened no way for you against them.
You will find others that wish to gain your confidence as well as that of their people. Every time they are sent back to temptation they give in to it. If they do not withdraw from you nor give you guarantees of peace, nor restrain their hands, seize them and kill them, wherever you find them. In their case We have provided you with a clear warrant against them. (4:90-91).
These verses clarify the command seize them and kill them. The apostates who rejected Islam by failing to emigrate as commanded by God are divided into three categories:
1 Those who ally themselves with a group with whom Muslims have a peace treaty.
2 Those who want to keep neutrality, committing themselves to peace with both the Muslims and their own people who had not accepted Islam.
3 Those who provide no real guarantee of peace to Muslims and by all indications ally themselves with non-believers engaged in hostilities towards Islam.
The first two types of apostates are to be left in peace while the third one is to be treated like any non-believers in a state of war: they are to be seized and killed wherever they are found. Notice that the Koran uses the words
God has opened no way for you against them in connection with the apostates of the first two types. This means that the Koran actually prohibits killing those apostates who want to live in peaceful terms with the Muslims.
According to the Koran the apostates are to be treated like other kuffar: If they want to live in peace with the Muslims, they are to be left in peace and if they assume a hostile attitude, then they are to be treated accordingly.
Sorry to pull a GS on you guys lol.