However...

However, the ‘Murtad-e-Milli’ is the person who was born into a family in which neither of his parents was Muslim and after reaching the age of maturity and willfully accepting Islam then leaves Islam for another tradition. In regards to the ruling for being an apostate, the Jurists of the Shia differentiate between male and female apostates.

As for the woman who apostates – whether of the ‘Fitri’ or ‘Milli’ – if she repents, her repentance will be accepted and the penalty for apostasy will be removed from her. However, if she does not repent and recant, then she is to be flogged and imprisoned. However for the man who apostates – either the Fitri or the Milli – there are different rulings.

The most well-known position of the Jurists is that the repentance of the Murtad-e-Fitri is not accepted and thus his ruling is that he is to be executed. However the Murtad-e-Milli can repent and recant his statement of apostasy and if he does so, he will not be subject to the death penalty.

It is important to note that the meaning of repentance in this discussion, as we have noted, is the ‘open’ and ‘apparent’ act of asking for forgiveness and recanting ones’ statements which must be done in the presence of an Islamic judge (Hakim-e-Shari). How often it may happen that a person may repent however definitely, deep within him, he has not given up on his apostasy.

However, in any event, his apparent repentance will be accepted for all outward rulings in regards to him –but the inner repentance and recanting is only known to Allah and it is only He who knows if the person is sincere in his display of remorse. Thus, the punishment of this world will be lifted from him, however, the punishment of the next life is in the hand of Allah.

As for the Murtad-e-Fitri, his repentance will absolve him of the punishment of the next life – but he must face the punishment of this world for his actions. A majority of the Jurists of the Ahlus Sunnah do not differentiate between the ruling of an apostate when it comes to the person’s gender nor do they differentiate between the Murtad-e-Fitri and Murtad-e-Milli.

Thus, they state that repentance is accepted and prevents the punishment from being enacted however if the person does not repent, then his penalty is death. Abu Hanifah, Shafi-I, Malik and a number of other Jurists hold this opinion.