Some scholars say Muslims who don't pray are not unbelievers, but are executed: on what grounds is this justified?

The question of whether Muslims who neglect their prayers are considered unbelievers and subject to execution is a complex issue in Islamic jurisprudence. Some scholars maintain that such individuals are still regarded as Muslims, while others argue that their actions may lead to severe consequences.

A foundational perspective comes from the hadith, where the Prophet Muhammad ﷺ stated: The blood of a Muslim who testifies that there is no deity but Allah and that I am His Messenger is not permissible except for one of three: a married adulterer, a life for a life (murder), or one who abandons his religion and leaves the community. Sahih Muslim 28:34SunniSAHIH. This hadith emphasizes that a Muslim's life is generally protected unless they fall into one of these specific categories.

In addition, the concept of apostasy is often cited in discussions of this topic. Scholars who argue for the execution of those who abandon their prayers may interpret the act of abandoning prayer as a form of apostasy, particularly if the individual openly denies the obligation of prayer or mocks it. However, there is a significant debate regarding whether failing to pray makes someone an apostate or whether it is viewed merely as a major sin that requires repentance rather than capital punishment.

Tafsir Ibn Kathir mentions that a person who omits prayer does not immediately fall into disbelief but should be admonished and encouraged to return to their prayers. The idea is that execution is not a straightforward punishment for failing to pray, as many scholars advocate for teaching and guiding individuals back to the correct path before considering any severe consequences.

In summary, while some scholars may advocate for harsh penalties, including execution, for those who abandon prayer, others emphasize guidance and repentance, reflecting the diversity of opinion within Islamic jurisprudence on this issue.