Interestingly, in defense of his own article, Luttwak sent me an analysis of it by a scholar of Muslim law whom he did not identify. That scholar also did not agree with Luttwak that Obama was an apostate or that Muslim law would prohibit punishment for any Muslim who killed an apostate. He wrote, “You seem to be describing some anarcho-utopian version of Islamic legalism, which has never existed, and after the birth of the modern nation state will never exist.”

Image Clark Hoyt Credit... Chuck Kennedy/McClatchy-Tribune

Luttwak made several sweeping statements that the scholars I interviewed said were incorrect or highly debatable, including assertions that in Islam a father’s religion always determines a child’s, regardless of the facts of his upbringing; that Obama’s “conversion” to Christianity was apostasy; that apostasy is, with few exceptions, a capital crime; and that a Muslim could not be punished for killing an apostate.

Obama was born in Hawaii to a mother from Kansas with Christian roots and a Kenyan father whose own father had converted to Islam. When Obama was a toddler, his father left the family. His mother later married an Indonesian Muslim, and Obama spent five years in Jakarta, where he attended Catholic and Muslim schools and, according to The Los Angeles Times, was enrolled in the third and fourth grades as a Muslim.

Luttwak wrote that given those facts, Obama was a Muslim and his mother’s Christian background was irrelevant. But Sherman A. Jackson, a professor of Arabic and Islamic studies at the University of Michigan, cited an ancient Islamic jurist, Ibn al-Qasim, who said, “If you divorce a Christian woman and ignore your child from her to the point that the child grows up to be a Christian, the child is to be left,” meaning left to make his own choice. Jackson said that there was not total agreement among Islamic jurists on the point, but Luttwak’s assertion to the contrary was wrong.

Khaled Abou El Fadl, a professor at the University of California, Los Angeles, School of Law, said the majority opinion among Islamic jurists is that the law of apostasy can apply only to individuals who knowingly decide to be Muslims and later renege. One school of thought, he said, is that an individual must be at least a teenager to make the choice. Obama’s campaign told The Los Angeles Times last year that he “has never been a practicing Muslim.” As a young adult, he chose to be baptized as a Christian.

Abdullahi Ahmed An-Na’im, a professor of law at Emory University, said that Sharia, or Islamic law, including the law of apostasy, does not apply to an American or anyone outside the Muslim world. Of the more than 40 countries where Muslims are the majority, he said, Sharia is the official legal system only in Saudi Arabia and Iran, and even there apostasy is unevenly prosecuted, and apostates often wind up in prison, not executed.