Apostasy
The Role of the Imam
First of all, the question of applying the ḥadd punishment on an apostate (murtad) is the prerogative of the Imām. If there is no Imām, there is no ḥadd. This is based on the narration in which the Prophet (ṣallā Allāhu ʿalayhi wa-ālih wa-sallam) said:
“There are four things for the authority… the ḥadd.”
(Ref: al-Biḥār al-Zakhkhār)
The Procedure According to the Ahl al-Bayt
According to our Imāms and jurists:
- If the Imām is present, the apostate is invited to repent and return to Islam.
- He is invited three times over the span of three days.
- During these three days, he is provided food, drink, and care.
- If he does not repent after this period, then he is executed.
This practice is narrated by Imām Zayd (ʿa) from Imām ʿAlī (ʿa).
(Ref: Aḥkām of Imām al-Hādī (ʿa) and al-Mahdhab fī Fatāwā of Imām Manṣūr Billāh ʿAbdullāh bin Ḥamza (ʿa))
Special Conditions
Classical jurists also distinguished between two categories:
- The one born a Muslim who apostatizes – killed without the grace period.
- The convert to Islam who apostatizes – given three days to repent.
(Ref: al-Biḥār al-Zakhkhār)
Contemporary Discussion
I am not sure if any of our contemporary scholars have mentioned anything different from the aforementioned rulings. It should also be noted that the books of jurisprudence discuss very detailed conditions and exceptions regarding apostasy.
Conclusion
Ultimately, this ruling depends on the presence of the legitimate Imām and the fulfillment of the required conditions.
And Allah knows best.