desertion or treason. Still others support a "centrist or moderate position" of executing only those whose apostasy is "unambiguously provable" such as if two just Muslim eyewitnesses testify; and/or reserving the death penalty for those who make their apostacy public. According to Christine Schirrmacher, "a majority of theologians" embrace this stance. Who qualifies for judgement for the crime of apostasy As mentioned above, there are numerous doctrinal fine points outlined in fiqh manuals whose violation should render the violator an apostate, but there are also hurdles and exacting requirements that spare (self-proclaimed) Muslims conviction for apostasy in classical fiqh. One motive for caution is that it is an act of apostasy (in Shafi'i and other fiqh) for a Muslim to accuse or describe another innocent Muslim of being an unbeliever, based on the hadith where Muhammad is reported to have said: "If a man says to his brother, 'You are an infidel,' then one of them is right." According to sharia, to be found guilty the accused must at the time of apostasizing be exercising free will, an adult, and of sound mind, and have refused to repent when given a time period to do so (not all schools include this last requirement). The free will requirement excludes from judgement those who embraced Islam under conditions of duress and then went back to their old religion, or Muslims who converted to another religion involuntarily, either force or as concealment (Taqiyya or Kitman) out of fear of persecution or during war. Some of these requirements have served as "loopholes" to exonerate apostates (apostasy charges against Abdul Rahman, were dropped on the grounds he was "mentally unfit"). Death penalty In classical Islamic jurisprudence Traditional Sunnī and Shīʿa Islamic jurisprudence (fiqh) and their respective schools (maḏāhib) agree on some issues—that male apostates should be executed, and that most but not all perpetrators should not be given a chance to repent; among the excluded are those who practice magic (subhar), treacherous heretics (zanādiqa), and "recidivists". They disagree on issues such as whether women can be executed, whether apostasy is a violation of "the rights of God", whether apostates who were born Muslims may be spared if they repent, whether conviction requires the accused be a practicing Muslim, or whether it is enough to simply intend to commit apostasy rather than actually doing it. Ḥanafī school – recommends three days of imprisonment before the execution,