In the Prophetic Tradition, apostasy is punishable by death, a view which is upheld and detailed in both the Sunnite and Shi'ite law books.(4) However, the offender is usually granted an opportunity to recant. Only adult, sane, male apostates who have acted freely are to be executed (traditionally by the sword). Women are either imprisoned until they recant (Hannafites and Shi'ites) or are executed (Malikites, Shafi'ites, and Hanbalites).

I would like to reproduce here below paragraphs 330 to 335 from Dr. Muhammad Hamidullah's "The Muslim Conduct of State" in order to elaborate further on this subject. It should be borne in mind that this book is a recognized authority on Muslim International Law and that the law of Apostasy is discussed in the International context: .....

... So, too, an apostate woman, or a hermaphrodite, according to the Hanafi school of law, would not be condemned to death, but imprisoned and even physically tortured. An old man from whom no offspring is expected is also excepted. (paragraph 333)

Impediments to Inheritance
The schools concur that there are three obstacles to inheritance:
a. Difference of religion,
b. Murder, and
c. Slavery. Ignoring slavery, we will discuss the other two causes.

Difference of Religion ....

The Imámís observe: ......

A murtadd 'an millah will be asked to repent. If he does so, he will have all the rights and obligations of Muslims. If he does not repent, he will be executed and his wife will observe the 'iddah of divorce from the time of his apostasy. Then if he repents while she is undergoing 'iddah, she will return to him and his property will not be distributed unless he dies or is killed. A woman will not be sentenced to death irrespective of her apostasy being 'an fitrah or 'an malah. But she will be imprisoned and beaten at the times of azl until she repents or dies. Her heritage will be distributed only after her death. (al-Sayyid Abu al-Hasan's Wasilat alnajat and Sheikh Ahmad Kaashif al-Ghi~a"s Safeenat al-najat, baab al-'irth)

Section Two: Freedom of religion and belief in the popular interpretation of Islam:

The first group: The Moslems

Therefore for a Moslem who becomes an apostate and does not agree to return to Islam if he is a man he would be executed and if she were a woman she would be sentenced to life-imprisonment with forced labor.

Among the evidences that are referred to for the punishment of women is the authentic tradition of Imad.

I asked Imam Sadegh about an apostate Moslem. He stated that she would not be killed, would be given hard labor and would be deprived of any nourishment or drinks except that which is necessary to keep her alive, and she is to be worn rough clothes and would be beaten at the times of pray 22.

22- Al' Tahzib, ch.10, pg.143, tradition 565, Men layahzarol'Faghih,ch. 3, pg.89, tradition 335, Vasael ol'Shiite, Abvabe Had ol'Mortad,section 4, tradition 1, ch.28,pg.330.

Chapter on the Apostate
.....
A woman apostate will not be killed, she will be imprisoned until he she repents and she is to be beaten every day.

It is written in the Jama Sagheer, -- "A female apostate is to be compelled to return to the faith, whether she be free, or a slave" -- The slave is to be compelled by her master; -- she is to be compelled, for the reasons already recited; and this compulsion is to be executed by her master, because in this a regard is had to the right both of God and of the master. It is elsewhere mentioned that a female apostate must be daily beaten with severity until she return to the faith.

The Shafi´ites, Hanbalites and Malikites say:
The verdict for the female apostate is the same as for the male. She must be called on to return to Islam for three days, prior to her death, for an evil-doer may have confused her understanding; thus the possibility exists for her being released from her confusion. Offering the apostate a time limit for repentance has been approved.

According to a tradition related by Daruqutni, quoting from Djabir b. Abdillah, the Prophet offered Islam to a woman named Ummu Rumman who had previously apostatised. Furthermore, the Prophet said, "It is good if she repents. If she does not, she is to be killed, since by apostasy she should be treated like a woman who has fought against Muslims, being taken captive in a holy war (jihad); thus it is lawful to kill her with the sword. Moreover, her guilt is far more abominable than women who are taken captive in a holy war, since she has become a Muslim."

The Prophet -- the blessing and peace of Allah be upon him -- said, "He who changes his religion must be killed"; this holds true both for men and women. The apostasy of a man calls for putting him to death. It is unanimously agreed upon that apostasy is a horrible crime deserving a horrible punishment. The apostasy of a woman is no less horrible. Therefore, it too deserves a corresponding punishment: death.

The Malikites:
The death of a nursing woman must be postponed until the time for nursing her infant has been completed, if either no wetnurse can be found or if the babe cannot accept another woman in place of its mother. The death of a married woman and of a divorced woman who was given the option of returning (talaqu radj'a) must also be postponed. As for the divorced woman who refuses to return, she must be killed without hesitation, unless she is menstruating (even if she should menstruate only every five years).

If she has no period, owing to a weakness or questionable menopause, she is to be left in peace for three months, in case she is thought to be pregnant. If she is not thought to be pregnant, she is to be killed immediately after being called to repent. If unmarried, she is not to be acquitted.

The Hanafites:
The apostate woman is not to be killed; but if she kills someone, she is not to be taken into custody, be she a free woman or a slave, for the Prophet has forbidden that women should be killed. It is also better to postpone punishment to the afterlife, since hastening it violates the concept of tribulation (mabada' al-Ibtila'). The only acceptable exception to this rule is for war (al-Harab). However, women, unlike men, are no real danger in war time, so the apostate woman is to be treated like one who has never been a Muslim.

Every punishment has to be stipulated, having some benefit for us in this world; that is, the punishment for slander, drinking, adultery, theft. Thus, punishment has been legalised to protect people, honour, minds, relationships and money. The death sentence upon an apostate should be with the aim of preventing evil, not as a retribution for apostasy, since Allah will repay an apostate with a greater retribution. So, punishment is confined to those who can fight (that is, men).

That is why the Prophet -- the blessing of Allah be upon him -- forbid putting women to death, since they are not involved in battles. This is according to tradition. (According to one tradition, the Prophet allowed an apostate woman to be killed, not only for her apostasy but also for her being a witch and a poet who mocked him and incited her thirty sons against him.)

The apostate woman is to be thrown in prison until she returns to Islam or dies, being whipped thirty-nine times every day -- which is nothing less than death; uninterrupted whipping inevitably leads to death. She must be imprisoned, because she, after being a Muslim, did not give Allah the rights due him; so she must be obliged to pay back these rights by being imprisoned.

According to a tradition in al-djamius's-sagir, the woman, whether free or slave, must be forced to embrace Islam. A concubine is forced by her master, because two rights are being dealt with: the right of Allah and the right of the master. The free woman who apostatises is not to be enslaved, as long as she remains in the House of Islam. But she is to be beaten excessively every day, in order to force her to return to Islam and regain her heritage; otherwise, her Muslim husband will inherit all her belongings.

Abu Yusuf, quoting from Abi Hanifa, quoting from Aasem Ibn Abi al-Gonood, quoting from Abi Razeen, quoting from Ibn Abbas -- the peace of Allah be upon them -- said: "Do not kill women if they apostatise from Islam. They must be imprisoned, offered the chance to return to the faith, and then forced to do so."

It is quoted from Ibn Umar that a woman was killed during one of the Prophet's conquests. Therefore, the Prophet of Allah -- peace be upon him -- forbid the killing of women and children. Muhammad narrated: "It came to our knowledge that Ibn Abbas said, 'If a woman apostatises from Islam, she must be imprisoned.'" Such an opinion is not an interpretative one.

It is said, quoted from Moaz Ibn Gabal -- peace be upon him -- that the Prophet of Allah -- peace and blessings be upon him -- said to him when he was resurrected to the right: "Any man who apostatises from Islam is to be given the chance to return to the faith. If he repents, accept his repentance. But if he does not, cut off his head. Any woman who apostatises from Islam is to be offered the chance to return. If she repents, accept her repentance. If she does not repent, give her a second chance, etc." (Hadith).

It is quoted from Imam Ali that Daruqutni -- peace be upon him -- said in his Hadith collection that an apostate woman is to be given a chance to repent. She should not be put to death.

There is evidence that the Hanifites said that the apostate woman should not be killed but should be only imprisoned and beaten.