Is it permissible to deport an apostate to a non-Muslim country if there is a treaty with that non-Muslim country, based on the conditions of the Treaty of Hudaybiyyah and the saying of the Messenger of Allah, peace and blessings be upon him: "Whoever goes from us to them, may Allah cast him far away, and whoever comes to us from them, Allah will make for him a way out and relief," and does this mean that the death penalty is not the only option for an apostate?

An apostate must be killed if one has the ability to do so. Scholars have reached a consensus on this, based on prophetic traditions such as: "Whoever changes his religion, kill him." What transpired in the Treaty of Hudaybiyyah does not contradict this ruling. The clause concerning the return of individuals means that Quraysh is not obligated to return an apostate who reaches them, not that Muslims are prohibited from killing him in the first place. If Muslims were to kill him before he reached Makkah, that would not violate the treaty, as the treaty did not address this specific situation. Neither the Companions nor the jurists understood this clause to prevent the killing of an apostate or to provide an escape route for him to remain alive by exiling him to a disbelieving land. In fact, exiling an apostate to another country spreads disbelief and strengthens its influence.