One day ALL somalians will be Christians

[Geel_jire]

GG

 

I believe the punishment to be death, if that is what Allah has ordered, personal opinions have no place in this discussion.

 

This what i have been taught.If you have some ayaet or hadith stating otherwise I would be happy for the opportunity to learn something.

[5]

Originally posted by Geel_jire:

GG

 

I believe the punishment to be death, if that is what Allah has ordered, personal opinions have no place in this discussion.

Evidence. Tell me where in the Quran Allah (swt) specifically orders apostates to be killed. Thank you.

 

Originally posted by Geel_jire:

This what i have been taught.If you have some ayaet or hadith stating otherwise I would be happy for the opportunity to learn something.

As above.

[Geel_jire]

I do not have an ayat or hadeeth at the moment , but I will look it up.

 

One example does come to mind though, When the prophet S.A.W died. Many tribes turned away from Islam.The Khalifa Abu Bakar R.A.A , sent the muslim Army against them and he commanded the General (Khalid bin waleed) to kill all the apostate.

 

you still havent given your opinion other than asking me to prove mine, the objective here is to share knowledge not to prove one another wrong.

 

Death is a punishment for Apostasy from what I understand, If you believe or know otherwise pls provide reference,example etc.

[Modesty]

There is 1 somali girl in my neighborhood that I "suspect" is not muslim. However,most Somalis are muslim and very proud. I don't think Somalis will being converting to Christianity as we are happy with Islam, alhamdulilah. No one will kill you if you convert, b/c we don't live in a khalifa state and secondly unless you are a threat to muslims no one will bother you in a khalifa state. However, we don't have a khalifa state as muslims and that doesn't happen. Everything is between you and Allah. Allah and you will talk about your deeds no one else. If someone treats you unfairly have comfort that you will get your justice in the afterlife with God(Allah).

[Seekknowledge]

Why you suspect she is not muslim?

[5]

Originally posted by Geel_jire:

I do not have an ayat or hadeeth at the moment , but I will look it up.

Are you saying you have read an aya where Allah (swt) calls for the killing of apostates? Be careful there.

 

Originally posted by Geel_jire:

One example does come to mind though, When the prophet S.A.W died. Many tribes turned away from Islam.The Khalifa Abu Bakar R.A.A , sent the muslim Army against them and he commanded the General (Khalid bin waleed) to kill all the apostate.

The apostates were rebelling against the islamic state, they were slaughtering Muslims and even burnt some alive. They were not only apostates, they took up the sword against Islam and sought to dominate Arabia after destroying the Muslims.

 

Originally posted by Geel_jire:

you still havent given your opinion other than asking me to prove mine, the objective here is to share knowledge not to prove one another wrong.

If you haven't noticed yet, I'm hardly serious around here, and do not like to engage in conversations where I have to be. I'll make an exception this time.

 

Originally posted by Geel_jire:

Death is a punishment for Apostasy from what I understand, If you believe or know otherwise pls provide reference,example etc.

I believe otherwise. Allah (swt) does not call for the killing of apostates even once in His holy Quran. He does, however, state that there is no compulsion in religion, which is completely opposite to what you say.

 

Surah 2:257:

 

"There is no compulsion in religion. Surely, the right way has become distinct from error; so whosoever refuses to be led by those who transgress, and believes in Allah, has surely grasped a strong handle which knows no breaking. And Allah is All-Hearing. All-Knowing."

 

To me, that is quite clear. It would not make any sense to kill people simply because they have stopped believing. Only God knows how many people in their hearts believe in Him and the blessed Messenger Muhammed (sas). It is rebellion and treason against an islamic state that should come with death penalty. Unfortunately in many people's minds rebellion = apostacy.

 

P.S I too have always been told apostates should be killed; being told doesn't always make it true.

[Abaay Heylay]

To the poster:

Whomever Allah has guided none can misguide, and he whome Allah have misguided none can guide them. so may Allah (s.w.a) guide you and all of us to the right path.

[N.O.R.F]

Geel Jire and GG

 

Yusuf Qaradaawi says:

 

Facing Apostasy: The Role of Muslims

 

The greatest kind of danger that faces Muslims is that which threatens their moral aspect of existence, i.e., their belief. That is why apostasy from Islam is regarded as one of the most dangerous threats to the Muslim community. The ugliest intrigue the enemies of Islam have plotted against Islam has been to try to lure its followers away from it; they have even used force for this purpose. In this regard, Almighty Allah says, [And they will not cease from fighting against you till they have made you renegades from your religion, if they can.] (Al-Baqarah 2:217)

 

In the contemporary age, the Muslim community has been exposed to horrendous invasions and aggressive attacks, one of which is the missionary invasion that aims at uprooting the Muslim community altogether. This invasion began its missions with the Western colonialism (of the Muslim world), and it still exercises its activities in the Muslim world and among the Muslim communities and minorities (in non-Muslim countries). One of its goals is to entice Muslims to convert to Christianity. This goal was made clear in the North American Conference on Muslim Evangelization (that was held in Colorado in 1978). Forty studies about Islam and Muslims and how to spread Christianity among them were submitted to that conference, and US$1 billion was allocated for this purpose. In addition, the Zwemer Institute (in South Carolina) was established to train missionaries to preach Christianity to Muslims.

 

Another example is the communist invasion that spread through many Muslim countries in Asia and Europe and made every effort to put an end to Islam and grow generations who know nothing about Islam at all.

 

The third and most dangerous and cunning kind is the secular invasion, which still plays its role in the Muslim world, sometimes openly, and sometimes in disguise. It seeks to undermine true Islam and approves of the superstitious manifestations that are falsely claimed to belong to Islam.

 

The duty of the Muslim community — in order to preserve its identity — is to combat apostasy in all its forms and wherefrom it comes, giving it no chance to pervade in the Muslim world.

 

That was what Abu Bakr and the Prophet's Companions (may Allah be pleased with them) did when they fought against the apostates who followed Musailemah the Liar, Sijah, and Al-Aswad Al-`Ansi, who falsely claimed to be Allah's prophets after the demise of Prophet Muhammad (peace and blessings be upon him). Those apostates had been about to nip the Islamic call in the bud.

 

It is extremely dangerous to see apostasy prevailing in the Muslim community without facing it. A contemporary scholar described the apostasy prevailing in this age saying, "What an apostasy; yet no Abu Bakr is there to (deal with) it."1

 

Muslims are to seriously resist individual apostasy before it seriously intensifies and develops into a collective one.

 

That is why the Muslim jurists are unanimous that apostates must be punished, yet they differ as to determining the kind of punishment to be inflicted upon them. The majority of them, including the four main schools of jurisprudence (Hanafi, Maliki, Shafi`i, and Hanbali) as well as the other four schools of jurisprudence (the four Shiite schools of Az-Zaidiyyah, Al-Ithna-`ashriyyah, Al-Ja`fariyyah, and Az-Zaheriyyah) agree that apostates must be executed.

 

In this regard, many hadiths were reported in different wordings on the authority of a number of Companions, such as Ibn `Abbas, Abu Musa, Mu`adh, `Ali, `Uthman, Ibn Mas`ud, `A'ishah, Anas, Abu Hurairah, and Mu`awiyah ibn Haidah.

 

For example, Ibn `Abbas quoted the Prophet (peace and blessings be upon him) as having said, "Whoever changes his religion, then kill him."

 

A similar wording of the hadith was reported on the authority of Abu Hurairah and Mu`awiyah ibn Haidah with a sound chain of transmission. Also, Ibn Mas`ud reported the Prophet (peace and blessings be upon him) as having said, "The blood of a Muslim who testifies that there is no god but Allah and that I am the Messenger of Allah is not lawful to shed unless he be one of three: a married adulterer, someone killed in retaliation for killing another, or someone who abandons his religion and the Muslim community."

 

Another version of this hadith was reported by `Uthman, "The blood of a Muslim is not lawful to shed unless he be one of three, a person that turned apostate after (embracing) Islam or committed adultery after having married, or killed a person without just cause."

 

The eminent scholar Ibn Rajab said, "Punishing a person by death for committing any of these sins is agreed upon among Muslims."2

 

`Ali ibn Abi Talib (may Allah be pleased with him) punished some people who apostatized from Islam and claimed that he was a god by putting them to fire after having reprimanded them and asked them to return to Islam but to no avail. He put them to fire saying these following lines of poetry:

 

When I saw the matter so flagrant,

 

I kindled fire and summoned for Qanbar"

 

Qanbar was the servant of Imam `Ali.3

 

Ibn `Abbas did not agree with `Ali about burning the apostates, quoting, as evidence for his opinion, the Prophet's hadith, "Do not punish anybody with Allah's punishment (of fire)." According to Ibn `Abbas, the apostates should have been killed by a means other than burning. Thus, Ibn `Abbas was not against killing the apostates in principle, but against killing them by fire.

 

Abu Musa and Mu`adh also punished a Jew by death, as he had embraced Islam and then reverted back to Judaism. Mu`adh said about that: "It is the verdict of Allah and His Messenger."

 

`Abdur-Raziq also reported, "Ibn Mas`ud held in custody some Iraqi people who had apostatized from Islam, and then wrote to Caliph `Umar asking him what to do with them. `Umar wrote him back, saying, 'Ask them to return to the true religion (of Islam) and the Testimony of Faith. If they are to accept this, set them free, and if they are to reject it, then kill them.' When Ibn Mas`ud did so, some of the apostates repented and some refused, and thus, he set free the repentant and killed those who renounced Islam after being believers."4

 

It is also reported on the authority of Abu `Umar Ash-Shaybani that when Al-Mustawrad Al-`Ajli converted to Christianity after having embraced Islam, `Utbah ibn Farqad sent him to `Ali, who asked him to return to Islam, but he refused, and thus `Ali killed him.5

 

Major and Minor Apostasy

 

Ibn Taymiyah mentioned that the Prophet (peace and blessings be upon him) accepted the repentance of a group of apostates, and he ordered that another group of apostates, who had committed other harmful acts to Islam and the Muslims, be killed.

 

For instance, on the day of the conquest (fath) of Makkah, the Prophet (peace and blessings be upon him) ordered that Maqis ibn Subabah be killed, as he had not only apostatized from Islam but also insulted and killed a Muslim person. He (peace and blessings be upon him) also ordered that Ibn Abi Sarh be killed, as he had apostatized from Islam and also sought to spread falsehood and slander.

 

In this respect, Ibn Taymiyah differentiated between two kinds of apostasy, an apostasy which does not cause harm to the Muslim society and an apostasy in which apostates wage war against Allah and His Messenger and spread mischief in the land. The repentance of the apostates in the first kind is accepted; while in the second kind, it is not if it occurs after the apostates have fallen into the power of the Muslim authority.6

 

`Abdur-Raziq, Al-Baihaqi, and Ibn Hazm reported that Anas returned from a mission for jihad and went to `Umar, who asked him, "What has been done with the six people from (the tribe) of Bakr ibn Wa'il who have apostatized from Islam?" Anas said, "O Commander of the Believers, they are people who turned apostate and joined the polytheists, and thus they were killed in the battle." `Umar commented, "We belong to Allah and to Him we will return." Anas wondered, "Had their penalty been but death?" `Umar replied, "Yes. I would have asked them to return to Islam, and had they refused, I would have imprisoned them."7

 

This attitude of `Umar was also held by Ibrahim An-Nakh`I, and Ath-Thawri, who said, "This is the viewpoint that we follow."8 Ath-Thawri also said, "The punishment of the apostate is to be deferred so long as there is a hope that he may return to Islam."9

 

In my point of view, as the scholars have differentiated between major and minor innovations in religion and between mere innovators and those who spread and call for their innovations in religion, we can also differentiate between major and minor apostasy, and between apostates who do not wage war against Islam and Muslims and those who proclaim their apostasy and call for it.

 

Major apostasy, which the apostate proclaims and openly calls for in speech or writing, is to be, with all the more reason, severely punished by the death penalty, according to the majority of scholars and the apparent meaning of the Prophet's hadiths. Otherwise, An-Nakh`i and Ath-Thawri's view which was built on `Umar's attitude may be followed.

 

Apostates who call for apostasy from Islam have not only become disbelievers in Islam but have also become enemies of Islam and the Muslim nation. They, by doing so, fall under the category of those who wage war against Almighty Allah and His Messenger and spread mischief in the land.

 

According to Ibn Taymiyah, waging war against something may be done by already attacking it or by speaking against it. The latter may be far more dangerous than the former with regard to religions. So is also the case with spreading mischief: it may be through causing physical damage or through causing moral harm, and the latter is, likewise, far more hazardous than the former with regard to religions. This proves how much more harmful it is to wage war against Allah and His Messenger by speaking against them and seeking to spread mischief in the land.10

 

In Arab culture, we say that the pen is mightier than the tongue. Writing about something may be far more effective than merely speaking about it, especially in this day and age, as writings can be widely published.

 

On another hand, the apostate is deprived of its love, loyalty, and cooperation according to Almighty Allah's words, [And he amongst you that turns to them (for friendship) is of them] (Al-Ma'idah 5:51). This far exceeds the punishment of execution in the view of the people of common sense.

 

Why Is Apostasy Severely Punished in Islam?

 

The Muslim community is based on belief and faith. Belief is the basic foundation of its identity, pivot, and spirit of its life. That is why it does not allow anyone to harm this identity. Hence, proclaiming apostasy is considered the most flagrant crime in the eyes of Islam as it poses a danger to the identity of the Muslim community and its moral being. In other words, it jeopardizes the first five main objectives of the Shari`ah, which Islam with its moral and legislative systems seeks to preserve — religion, life, offspring, the intellect, and property. Religion occupies the very first place here as believers may sacrifice themselves, their country, and their wealth for the sake of their religion.

 

Islam does not compel people to join it nor does it force anybody to accept or to leave any other religion, but it places great importance upon conviction for those who embrace it. Almighty Allah says, [Had your Lord willed, all the people on earth would have believed. So can you (Prophet) compel people to believe?] (Yunus 10:99)

 

He Almighty also says, [Let there be no compulsion in religion: truth stands out clear from error.] (Al-Baqarah 2:256)

 

However, Almighty Allah does not accept that religion be taken lightly: a person joining it one day and forsaking it another day, in the like manner of the group of Jews about whom the Qur'an says, [A section of the People of the Book say: believe in the morning what is revealed to the believers, but reject it at the end of the day; perchance they may (themselves) turn back.] (Aal `Imran 3:72)

 

Besides, Islam does not call for the execution of apostates who do not proclaim their apostasy or call for it. Rather, it leaves the punishment for the hereafter if they die in the state of apostasy, as Almighty Allah says, [And if any of you turn back from their faith and die in unbelief, their works will bear no fruit in this life and in the hereafter; they will be companions of the fire and will abide therein.] (Al-Baqarah 2:217). However, this type of apostate may receive a discretionary punishment in this world.

 

The death penalty with regard to apostasy is to be applied only to those who proclaim their apostasy and call for others to do the same. Islam lays down this severe punishment in order to protect its unity and the identity of its community. Every community in this world has basic foundations that are to be kept inviolable, such as identity, loyalty, and allegiance. Accordingly, no community accepts that a member thereof changes its identity or turns his or her loyalty to its enemies. They consider betrayal of one's country a serious crime, and no one has ever called for giving people a right to change their loyalty from a country to another whenever they like.

 

Apostasy is not only an intellectual situation whose handling is confined to discussing the principle of freedom of belief; it also involves a change of loyalty and identity. People who apostatize from Islam give up their loyalty to the Muslim nation and pay allegiance, heart and soul, to its enemies. This is denoted in the agreed-upon hadith that clarifies the kinds of people whose blood is lawful to shed and describes among those people the apostate, by saying, "Or someone who abandons his religion and the Muslim community" (Ibn Mas`ud).

 

The phrase, "And the Muslim community," is part of the description of an apostate; this entails that every apostate from Islam by implication abandons the Muslim community.

 

Although apostasy is a criminal act, apostates' rights are not to be violated, nor are they punished except for the things they do or proclaim, verbally or in writing (against Islam and the Muslims); as speaking or acting against Islam openly is a clear-cut disbelief and cannot be interpreted otherwise. Should there be any doubt in this regard, the person accused of apostasy would be given the benefit of the doubt.

 

Negligence in punishing apostates who proclaim and call for their apostasy jeopardizes the whole community and exposes it to afflictions whose consequences Almighty Allah only knows. This may lead to apostates' enticing other people, especially the gullible and those of weak faith, to join them. This, in turn, may lead to those apostates forming a group hostile to the Muslim nation and seeking the help of its enemies against it. In this way, the Muslim nation will fall into intellectual, social, and political disputes and disintegration, which may develop into bloody ones or even into a civil war that could destroy everything.

 

One scenario took place in Afghanistan when a group of people gave up their religion and adopted communist beliefs after they had studied in Russia. They were recruited by the Communist party. The Afghani people were heedless of this danger, which gave the chance for this group to hold power in Afghanistan; and by virtue of their authority, they set to wholly change the identity of the Muslim community there. But the Muslim Afghans did not give in; they resisted as much as they could and formed the valiant Afghani jihad against the communist apostates, who even dared to request Russian military help against their people and country. The Russian troops attacked Afghanistan with tanks and artillery and heavily bombarded it.

 

That was the scenario of the ten-year-long civil war that destroyed Afghanistan and caused the death and injury of millions of people there.

 

All that was a result of ignoring the issue of the apostates and remaining silent about their crime of apostasy from the beginning. Had those renegades been punished before the situation became serious, the Afghani people would have been saved from the evils of this aggressive war and its destructive results.

 

Ideological Guidelines

 

I would like to lay down the following guidelines that are relevant to judging apostates:

 

1. Judging whether someone has apostatized from his or her religion is a very serious matter that entails being deprived of his or her family and community. When a married man apostatizes from Islam, he is separated from his wife and children, as it is not lawful for a Muslim woman to be married to a disbeliever;11 and with regard to children, he is no longer trusted to take care of them. In addition, there is a material punishment to be inflicted upon him, according to the scholarly consensus. Hence, all kinds of certainty must be established when judging a person — who has been certainly known to be a Muslim — as an apostate. Mere doubt here is to be disregarded altogether. One of the most horrendous things which the Prophet's Sunnah seriously warned against is to label someone disbeliever without having any legal proof to say so.

 

2. Issuing fatwas about the apostasy of a certain person is within the competence of reputable scholars who are well-versed in Islamic jurisprudence and can differentiate between clear-cut evidences and those which are ambiguous, between the verses whose meanings are established and those whose meanings are allegorical, and between religious texts wherefrom possible deductions may be made and those which must be taken literally. They are not to label someone an apostate unless there is no alternative but to do so, such as (making sure that) he or she has denied a fundamentally established principle of religion or mocked at it, or insulted Almighty Allah and His Messenger publicly, verbally or in writing, and the like.

 

The gravity and seriousness of the issue of passing judgment in this regard dictates that it is not left at any rate to the discretion of unqualified scholars, who may give hasty and groundless judgments in this respect.

 

3. It is the Muslim ruler who should carry out the punishment of the apostate. The punishment should be decided according to the judgment of the Muslim judiciary. This judgment should be based only on Almighty Allah's Law, which derives its rulings from the evidences in Allah's Book and the Sunnah of His Messenger, as the Qur'an and Sunnah are the main sources to which people are to resort when they differ on something. Almighty Allah says in this respect, [if ye have a dispute concerning any matter, refer it to Allah and the Messenger if ye are (in truth) believers in Allah and the Last Day] (An-Nisaa' 4:59).

 

The qualification for being a competent judge in Islam requires that one possess knowledge of the rulings of Shari`ah by way of personal reasoning (ijtihad) from primary religious texts. And if a person lacks this qualification, he or she must seek the help of reputable scholars who are capable of ijtihad, so that they can uncover the truth and not issue groundless judgments or pass them out of whims, in which case he would be doomed to Hellfire (on the Day of Judgment).

 

4. The majority of scholars are of the opinion that apostates should be asked to repent and return to Islam before punishment is inflicted upon them. Moreover, Ibn Taymiyah, in his book, As-Sarim Al-Maslul `ala Shatim Ar-Rasul,, wrote, "The Prophet's Companions (may Allah be pleased with them) were unanimous that the apostate be asked to repent and return to Islam before punishment is inflicted upon him."

 

Some jurists say that an apostate should be given a 3 day respite to repent; some say it is less than this, some say it is more, and some others say he is to be asked for this for as long as he lives. Some scholars, however, made exception of the hypocrite (zendiq), who pretends to be a Muslim never actually was. According to certain scholars, repentance cannot be accepted from hypocrites. This applies also to those who insult the Prophet (peace and blessings be upon him).

 

The purpose of the respite given to apostates here is to give them a chance to review their situation, as they may overcome their state of confusion and become convinced of Islam as the true religion; if they are really seekers of the truth. But if their apostasy is based on desires or an activity in the interest of the enemies of Islam, may Almighty Allah severely punish them.

 

Some contemporary intellectuals say that it is Almighty Allah, not man, who accepts (or refuses) repentance. But this has to do with the rulings of the hereafter. As with those of this world, the apparent repentance (of sinners), and declaring their Islam, is to be accepted by the concerned authorities. Almighty Allah orders us to judge people according to their apparent states, and their intentions are up to Him to decide upon. In this regard, an authentic hadith is reported to the effect that the blood and property of those who bear witness that there is no god but Allah will be inviolable and that their reckoning will be with Allah (concerning their intentions and what they harbor in their hearts).

 

Therefore, if individuals were to take it upon themselves to label people as apostates and judge them accordingly as deserving the death penalty, and, moreover, seek to implement the penalty themselves, it would pose a great danger to people's lives and properties. If this were to happen, it would entail that ordinary unqualified people would possess three authorities simultaneously: the authority of giving fatwas — by accusing certain people of being apostates — the authority of passing judgments, and the authority of carrying out those judgments. In other words, they would be acting as muftis, prosecutors, judges, and police all together.

 

Refuting Objection of Intellectuals

 

Some contemporary writers who are not versed in religious knowledge object to the penalty of proclaimed apostasy being death by saying that this penalty is not mentioned in the Qur'an. It is only mentioned in a hadith ahad (hadith that is narrated by people whose number does not reach that of the mutawatir, which is hadith that is narrated by such a large number of people that they cannot be expected to agree upon a lie, all of them together); and hadiths ahad, according to them, are not taken as evidences for the legal punishments prescribed by Shari`ah.

 

But this objection is refutable in many aspects as follows. First, according to the scholarly consensus, the authentic Sunnah is a source for applied rulings in Shari`ah. Almighty Allah says, [say: Obey Allah and obey the Messenger.] (An-Nur 24:54). He also says, [Whoso obeyeth the Messenger obeyeth Allah.] (An-Nisaa' 4:80)

 

As for the hadiths specifying the death penalty for apostates, they have been proven to be authentic. Besides, they were put into effect by the Companions in the era of the Rightly-Guided Caliphs.

 

In addition, claiming that hadiths ahad are not taken as evidences for the legally prescribed punishments is not tenable, as all the followed schools of jurisprudence have depended in prescribing the penalty for alcohol consumption on the hadiths ahad reporting the punishment thereof. However, the hadiths ahad which were reported about the penalty of apostasy are greater in number and more authentic than those reported about the punishment of alcohol consumption.

 

Had it been true that hadiths ahad were not to be applicable with regard to the legally prescribed penalties, this would have led to disregarding the Sunnah as the second primary source of Shari`ah right after the Qur'an, or at least disregarding 95 percent (if not 99 percent) thereof. This, in turn, would have also undermined the principle of abiding by Allah Almighty's Qur'an and the Sunnah of His Prophet. This is because, scholarly speaking, hadiths ahad constitute the majority of the hadiths tackling the rulings of Shari`ah; and mutawatir hadiths, which are analogous to ahad ones, are of such rarity that some eminent scholars of Hadith, as mentioned by Ibn As-Salah in his distinguished introduction of the Sciences of Hadith, said that they are hardly found.

 

Many of the writers denying hadiths ahad as a source of the rulings of Shari`ah do not know what exactly hadiths ahad refer to. They think that they are those reported only by one transmitter of Hadith, which is wrong, as hadiths ahad are those related by groups of individuals fewer than those said to have related mutawatir hadiths at one or more stages of the transmission of the hadiths, though traced through contiguous, successive narrators back to the Prophet (peace and blessings be upon him). An ahad hadith may have been reported by two, three, four, or more Companions and still a multiple number of successors reported it on their authority.

 

In this respect, the hadith referring to inflicting the death penalty upon apostates was reported by a large number of the Companions, some of whom were referred to above. Hence, it is a clear well-known hadith in this respect.

 

Second, another considerable source of Shari`ah in Islam is scholarly consensus (on the rulings thereof). With regard to apostasy, all Muslim jurists of all schools of jurisprudence, Sunni and Shiite, agree that apostates must be punished. And most jurists, furthermore, agree, with the exception of `Umar, An-Nakh`i, and Ath-Thawri, that their punishment is death. Nevertheless, there is scholarly consensus that apostasy is considered a punishable crime.

 

Third, some early Muslim scholars are of the opinion that the following verse refers to how to deal with apostates, [The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution] (Al-Ma'idah 5:33). Of those scholars are Abu Qulabah and others.12

 

We have referred to Ibn Taymiyah's opinion to the effect that waging war against Allah and His Messenger by speaking openly against them is more dangerous to Islam than physically attacking its followers and that moral mischief in the land is more hazardous than physical mischief.

 

This is further supported by the fact that among the hadiths that say that the blood of a Muslim is not lawful to shed unless he be one of three persons, there is a hadith reported on the authority of `A'ishah to the same effect, but instead of saying, "Someone who abandons his religion and the Muslim community," she reported, "Or someone who goes out waging war against Allah and His Messenger, in which case he is to be killed, crucified, or expelled from the land.'' This proves that the immediately above-mentioned verse includes reference to the apostates.

 

Note also that Almighty Allah says, [O ye who believe! Whoso of you becometh a renegade from his religion, (know that in his stead) Allah will bring a people whom He loveth and who love Him, humble toward believers, stern toward disbelievers, striving in the way of Allah, and fearing not the blame of any blamer. Such is the grace of Allah which He giveth unto whom He will. Allah is All-Embracing, All-Knowing.] (Al-Ma'idah 5:54)

 

This verse indicates that Almighty Allah has prepared a group of believers, whose characteristics are referred to in the verse, to deal with apostates, by being "stern toward disbelievers," as was the case with Abu Bakr and the believing Companions with him when they protected Islam against apostasy.

 

There are also a number of verses about the hypocrites indicating that they protected themselves against being killed because of their disbelief by way of making false oaths to the contrary to flatter the believers. Among these verses are the following, [They have made their oaths a screen (for their misdeeds)] (Al-Mujadilah 58:16); [They will swear unto you that ye may be pleased with them] (At-Tawbah 9:96); and [They swear by Allah that they said nothing (wrong), yet they did say the word of disbelief] (At-Tawbah 9:74).

 

According to these verses, the hypocrites denied their disbelief and swore to it, which indicates also that had there been clear proofs of their disbelief, their false oaths would not have protected them from being punished.13

 

Apostasy of Rulers

 

The most dangerous kind of apostasy is that of rulers, whom are supposed to protect the Muslim nation's beliefs, resist apostasy, and uproot apostates altogether from the Muslim community. However, we find that many rulers welcome apostasy secretly and openly; proclaim dissoluteness flagrantly and in disguise; and protect apostates and confer titles and decorations upon them.

 

These kinds of rulers favor Allah's enemies and are against Allah's true worshippers. They take religious beliefs lightly, belittle Shari`ah, disrespect divine and prophetic ordinances and prohibitions, and disdain the sacred emblems and symbols of the Muslim nation, namely, the members of the Prophet’s household, his pious Companions, the Rightly-Guided Caliphs, the eminent religious scholars, and the heroes of Islam.

 

Moreover, they consider adhering to the ordinances of Islam, such as the performing of prayers in mosques for men and the wearing of veils for women, a crime and a manifestation of extremism. Not only this, but they also seek to proclaim and apply the philosophy of "undermining the sources" (from which the true Muslims derive the right courses to follow) in the educational process, the media, and the culture, so as to hinder the construction of a true Muslim mentality. Furthermore, they pursue the true callers for Islam and obstruct every faithful call and movement that aims at reviving religion and upgrading this world on its basis.

 

However, it is strange that this kind of people, in spite of their flagrant apostasy, are interested in preserving the outward appearance of Islam, so that they cunningly use it in demolishing Islam; the Muslim nation thus treats them as Muslims, yet they seek to undermine its basic internal structure (of belief). They may even seek to have a connection with religion by encouraging false manifestations of religion and bringing close to them insincere religious scholars who flatter them and who are described by some as "the scholars of the (political) authority and agents of the police."

 

The situation is thus complicated, for if those people hold in their power the official bodies responsible for issuing fatwas and the judiciary, who may judge them as apostates or punish them for their open disbelief? The Prophet (peace and blessings be upon him) referred to the open disbelief of this kind of people in a hadith that states the following:

 

`Ubadah ibn As-Samit said, "We gave the Prophet the pledge of allegiance for Islam, and among the conditions on which he took the pledge from us, was that we were … not to fight against the ruler unless we noticed him having open kufr (disbelief), for which we would have a proof with us from Allah." (Al-Bukhari and Muslim)14.

 

Here comes the role of the Muslim public opinion that is to be led by the reputable scholars and people who call people to Islam and unbiased intellectuals. Should it be hindered from exercising its role, its abhorring resistance will certainly lead someday to putting an end to those oppressive apostates; for it is not easy for the Muslim community to lose its identity or make concessions with regard to its beliefs and message.

 

French colonialism in Algeria and Russian colonialism in Muslim majority countries fiercely tried to uproot Muslim identity therein, although they had no effect. Colonialism and tyranny came to an end, while Islam and the Muslims remained. However, the war waged against Islam on the part of some secularist rulers of some Muslim countries, as well as some secularist Muslim immigrants, is proved to be fiercer and more dangerous than that which colonial powers waged against Islam and Muslims.

 

Hidden Apostasy

 

There is another kind of apostasy among people who do not declare their explicit disbelief and openly wage war against everything that is religious. Those apostates are far smarter than that. They wrap their apostasy in various coverings, sneaking in a very cunning manner into the mind, the same way that malignant tumors sneak into the body. These people are not noticed when they invade or begin to disseminate their falsehood, but they are mostly felt when they affect the minds. They do not use guns in their attacks; however, their attacks are fierce and cunning.

 

Reputable scholars and well-versed jurists are aware of this type of apostates, but they cannot take action in the face of such professional criminals, who have firmly established themselves and have not left a chance for law to be enforced on them. They are the hypocrites whose abode will be in the lowest level of Hellfire.

 

This is intellectual apostasy, whose traces are noticed everyday in circulated newspapers and books, in radio and TV programs, and in laws legislated to govern people's affairs. This kind of apostasy is — at least in my point of view — more dangerous than openly announced apostasy; for the former works continuously on a wide scale, at the same time, it cannot be easily resisted in the same manner as the latter, which always makes much fuss, attracts attention, and stirs up public opinion.

 

Hypocrisy is more dangerous than open disbelief. This fact will be clearly discerned when one reflects back to the great danger which the leader of Madinah's hypocrites, `Abdullah ibn Ubayy, posed to Islam. The Madinah's hypocrites were more threatening to Islam than Abu Jahl and the pagans of Makkah. It is for this that the Qur'an specified only two verses for dispraising disbelievers at the beginning of Surat Al-Baqarah, while hypocrites were given a share of thirteen verses in the same surah.

 

Intellectual apostasy is continuously propagated night and day. We feel its relentless and ruthless effects on our society. It needs a wide-scale attack at the same level of power and thought. The positive religious obligation here is for Muslims to launch war against such a hidden enemy; to fight it with the same weapon it uses in waging attacks against the society. Here comes the role of reputable scholars who are well-versed in Islamic Jurisprudence.

 

It is true that the pioneers of this new form of apostasy are well supported on the media level, but the power of truth, the faith reposed in the hearts of believers, and Allah's support are more than enough to vanquish this falsehood and pierce the hearts of those who spread it with their own daggers. Here, we will feel joyful with this Divine victory and will really understand the following verse, [Nay, We hurl the truth against falsehood, and it knocks out its brain, and behold, falsehood doth perish! Ah! Woe be to you for the (false) things ye ascribe (to Us)] (Al-Anbiyaa' 21:18).

 

In conclusion, we have nothing to say but to recite the verse that reads, [Thus doth Allah (by parables) show forth truth and vanity. For the scum disappears like forth cast out; while that which is for the good of mankind remains on the earth. Thus doth Allah set forth parables] (Ar-Ra`d 13:17).

 

 

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**Sheikh Yusuf Al-Qaradawi is a world-renowned scholar and head of the European Council for Fatwa and Research (ECFR) and president of the International Union for Muslim Scholars (IUMS). His best known books include The Lawful and the Prohibited in Islam, Priorities of the Islamic Movement in the Coming Phase, and Islamic Revivalism Between Rejection and Extremism. Many scholars consider him to be one of the most reputable mujtahids of the modern age. He has been active in the field of da`wah and the Islamic movement for more than half a century.

 

[1] Title of a treatise by the eminent scholar Abu Al-Hasan An-Nadawi.

 

[2] Majama` Az-Zawa'id, vol. 6, p. 261.

 

[3] See the interpretation of "the fourteenth hadith" in Jami` Al-`Ulum wa Al-Hikam. Revised by Shu`aib Al-Arna'ut. (Dar As-Salam ed).

 

[4] See Nail Al-Awtar, vol. 8, p. 506, (Dar Al-Jil ed).

 

[5] Reported by `Abdur-Raziq in his Musannaf, vol. 10, p. 168. saying no. 18707.

 

[6] Ibid, saying no. 18710.

 

[7] Ibn Taymiyah, As-Sarim Al-Maslul, p. 368 (As-Sa`adah ed, verified by Muhey Ad-Din `Abdul-Hamid).

 

[8] `Abdur-Raziq, Al-Musanaf, vol. 10, pp. 165-166, saying no. 18696; Al-Baihaqi, As-Sunan, vol. 8, p. 207; Sa`id ibn Mansur, p.3, saying no. 2573; Ibn Hazm, Al-Muhalla, vol. 11, p. 221 (Al-Imam ed). This attitude of `Umar indicates that he did not see the death penalty as a regular punishment for apostasy to be applied in each case a person apostatizes from Islam; it might be cancelled or deferred if there was a necessity for this. The necessity in the accident quoted was the state of war and the close distance between those apostates and the disbelievers, which may expose the former to temptation and confusion by the latter. `Umar might have based his judgment on holding analogy between this case and the one in which the Prophet (peace and blessings be upon him) was reported to have said, "Hands (of thieves) are not to be cut off during wartime;" this was for fear that the thief whose hand would be cut might get so distressed that he would join the enemy.

 

There might be another reason for `Umar's judgment in that situation. He might have believed that when the Prophet (peace and blessings be upon him) said, "Whoever changes his religion, then kill him" as a leader of the Muslim nation. In other words, it was a decision of the executive authority and a matter of political legislation, not a revelation from Allah. Accordingly, putting the apostate to death is not a binding ruling to be followed in every case. Rather, it is a decision for those in authority in the government to take; if it orders that the apostate be executed, it must be put into effect, and vise versa. This is similar to what the Hanafis and Malikis derived from the hadith that reads, "He (the soldier) who kills an enemy will take the possessions of this enemy;" and to what the Hanafis concluded. from the hadith that says, "He who reclaims a barren land will have it." See my book, The General Characteristics of Islam, p. 217.

 

[9] `Abdur-Raziq, Al-Musanaf, vol. 10, saying no. 18697.

 

[10] Ibn Taimiyah, As-Sarim Al-Maslul, p. 321.

 

[11] Ibn Taymiyah, As-Sarim Al-Maslul, p. 385.

 

[12] The Egyptian judiciary had praiseworthy precedents in separating between spouses on the basis of the apostasy of one of them (having embraced the Bahai faith). There is a verdict issued in this respect by Judge `Ali `Ali Mansur; the verdict is published in a special treatise and supported by a verdict issued by the State's Tribunal on 11/7/1952. The verdict reads, "The rulings pertaining to apostasy [in Shari`ah] must be wholly applied even though the current penal law does not stipulate the capital punishment unto the apostates. Let the apostate (who converted to the Bahai faith) bear the responsibility (for his deeds) at least by annulling his marriage, so long as there are judiciary bodies in the state that have judicial authority by virtue of the court's direct or collateral capacity."

 

[13] Al-Hanbali, Ibn Rajab, Jami` Al-`Ulum wa Al-Hikam, p.320.

 

[14] Ibn Taymiyah, As-Sarim Al-Maslul, pp. 346-347.

 

 

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The works posted on this page reflect solely the opinions of the authors.

 

Source

[N.O.R.F]

Dr Jamal Badawi says:

 

Introduction

 

Apostasy, or riddah in Arabic, literally means defection or backsliding.1 As an Islamic legal term, it means denouncing Islam as one's religion by a Muslim. There has been a wide variety of opinions by Muslim scholars throughout nearly fourteen centuries concerning punishment for apostasy with the majority of the opinion that apostasy is a capital crime as it threatens the integrity and stability of the Muslim community and state. This paper aims at critically evaluating these views in the light of the Qur'an and Hadith.2

 

Methodology

 

Examination and evaluation of such diverse opinions requires clarity of the proper methodology in the study of any topic relating to Islam. While this methodology is the focus of a profound discipline known as 'ilm usul al-fiqh,3 or the principles of Islamic jurisprudence, there are a few fundamental general rules that may be summed up as follows:

 

1. Actions of Muslims, whether or not they are claimed to be in the name of Islam or in the name of God are not to be equated with normative authentic Islam. It is the later that is the criterion of evaluating such actions and to judge whether they are consistent with it or not and to what degree.

 

2. Normative authentic Islamic teachings are based in the first place on its supreme source; the Qur'an which is to Muslims the verbatim word of God as revealed to Prophet Muhammad (peace and blessings be upon him). The Qur'an has been preserved intact since its revelation and in the original language in which it was revealed. Next to the Qur'an is Hadith, sometimes used interchangeably with the term Sunnah4. Hadith is defined as the words, actions, and approvals of the Prophet (peace and blessings be upon him) in the context of understanding and implementing Islamic teachings.5 In the case of Hadith, due care must be given to the degree of authenticity of each hadith.

 

With this hierarchy of sources, we can begin our enquiry by asking if there is any reference in the Qur'an to capital punishment for apostasy.

 

Evidence from the Qur'an

 

There is no single verse in the Qur'an that prescribes an earthly punishment for apostasy. Verses about apostasy in the Qur'an speak only about God's punishment of the apostate in the Hereafter. The following Qur'anic verses illustrate two examples:

 

[Your enemies will not cease to fight against you till they have turned you away from your faith, if they can. But if any of you should turn away from his/her faith and die as a denier [of the truth] – these it is whose works will bear no fruit in this world and in the life to come; and these it is who are destined for the fire, therein to abide.] (Al-Baqarah 2:217)6

 

[behold, as for those who come to believe, and then deny the truth, and again come to believe, and again deny the truth, and thereafter grow stubborn in their denial of truth — God will not forgive them, nor will guide them in any way.] (An-Nisaa' 4:137)

 

It is important to note in the above verse that if the Qur'an prescribes capital punishment for apostasy, then the apostate should be killed after the first instance of apostasy. As such there would be no opportunity to "again come to believe and again deny the truth, and thereafter grow stubborn in their denial of truth". In spite of these acts of repeated apostasy, no capital punishment is prescribed for them.7

 

The silence of the Qur'an on any prescribed mandatory capital for apostasy is quite revealing. More revealing is the fact that there is overwhelming evidence in the Qur'an of freedom of conscious, belief, and worship. The following verses gives an example of this:

 

[And say [O Muhammad]: 'The truth [has now come] you're your Sustainer: let, then, him or her who wills, believe in it, and let him or her who wills, reject it.] (Al-Kahf 18:29)

 

[There shall be no coercion in matters of faith.] (Al-Baqarah 2:256)

 

[And so, [O Prophet,] exhort them; your task is only to exhort. You can not compel them [to believe].] (Al-Ghashiyah 88:21-22)

 

[Thus, [O Prophet,] if they argue with you, say, "I have surrendered my whole being unto God, and [so have] all who follow me' – and ask those who have been vouchsafed revelation aforetime, as well as the unlettered people, 'Have you [too] surrendered yourselves unto Him?' And if they surrender themselves unto Him, they are on the right path; but if they turn away – behold, your duty is no more than to deliver the message: for God sees all that is in [the hearts of] His creatures.] (Aal `Imran 3:20)

 

These and many other verses in the Qur'an are only consistent with its depiction of the human as a free agent with the power of choice as long as that choice does not involve violation of law or commission of a crime. They are also consistent with the meaning of Islam based on the etymology of the word, which means to attain peace with God, inner peace and peace with all of God's creation (including humans, animals, vegetation, and natural resources) through willing and voluntary submission to God and accepting His grace and guidance in one's life.

 

It is inconceivable to attain that peace if a person is forced or coerced into becoming a Muslim or remaining a Muslim against his or her free will. It is also inconceivable to say, "Yes, no one is forced to become a Muslim, but once he or she accepts Islam willingly, it is forbidden to reject it." Such an argument under whatever excuse or justification is inconsistent with the many conclusive verses in the Qur'an on freedom of belief which is above all an inner feeling of acceptance and conviction.

 

If indeed, capital punishment is prescribed for mere individual apostasy, then it is one of the most serious forms of "coercion" in religion, coercion which is clearly and conclusively forbidden in the Qur'an. Furthermore, the fear of such assumed punishment may lead many to hypocrisy; by pretending to remain Muslims just to save their lives. In the final analysis, hypocrisy is a greater danger to the community than apostasy in itself. Hypocrites may implode the Muslim community from within.

 

More inconceivable yet, is the argument that the verse that states, [There shall be no coercion in matters of faith] was abrogated (Al-Baqarah 2: 256). This verse is one of many other verses that affirm the principle of free choice of belief. As such, to claim that this verse was "abrogated" implies that all other similar verses are abrogated too.

 

What is more significant, however, is that any claim of naskh (abrogation or more correctly supersession) must be carefully examined. The entire Qur'an is definitively authentic and well preserved intact (qat`i ath-thubut). Any claim of naskh must be definitive also and not based on mere opinion or speculation. As-Suyuti quotes Ibn Al-Hassar as having said the following:

 

It is not acceptable, in the matter of naskh, (to accept) statements of the interpreters of the Qur'an, not even the ijtihad (reasoning) of those engaging in ijtihad without authentic reports or clear evidence since naskh involves removal of a ruling and affirming of (another) ruling which occurred during the lifetime of the Prophet (peace and blessings be upon him) and what is acceptable in that matter is the narration and history not opinion or ijtihad.

 

While some scholars have claimed that hundreds of verses of the Qur'an were abrogated, the majority of scholars reject that claim. The famous scholar of Qur'anic sciences Jalal Ad-Din As-Suyuti narrowed the number of abrogated verses to 19 verses. Other scholars, such as Shah Waliyyullah Ad-Dahlawi and Sobhi As-Salih narrowed them down to a lesser number.8 None of these verses mentioned by As-Suyuti, Ad-Dahlawi, or As-Salih are claimed to abrogate the verses prohibiting coercion in religion. A basic principle of Islamic jurisprudence is that the Qur'an can only be abrogated by the Qur'an or a more direct, highly authentic and explicit evidence based on the Prophet's teachings.

 

It is abundantly clear that there is no conclusive evidence, indeed no evidence at all in the Qur'an to sustain the claim that the apostate should be killed on that sole ground.9 However, absence of evidence in the Qur'an is not sufficient though central. If indeed there is a conclusive evidence in Hadith prescribing capital punishment for the apostate, that conclusion must be altered.

 

Evidence from Hadith

 

Hadith is defined as the actions, words, and approvals of the Prophet Muhammad (peace and blessings be upon him). The crucial questions that need to addressed are as follows:

 

Is there any report of apostasy that took place during the lifetime of the Prophet?

 

What is the degree of authenticity of such report(s)?

 

If there are such authentic reports, was the Prophet (peace and blessings be upon him) in a position to implement and enforce the law?

 

How did the Prophet (peace and blessings be upon him) deal with such case(s), in the form of action or words?

 

How should the actions and words of the Prophet (peace and blessings be upon him) be interpreted keeping in mind a number of widely accepted rules including that no Hadith may be interpreted in a way that genuinely contradicts the Qur'an or for that matter contradicting a more authentic Hadith. Following are answers to these questions combined.

 

There are a few reports alleging that the Prophet (peace and blessings be upon him) ordered the killing of a few apostates who refused to repent. However, all such reports were deemed weak (unauthentic) by Hadith scholars. For example, the famous scholar Muhammad Ash-Shawkani (died in 1839) wrote that there were problems with the isnad (chain of narration) of these reports and thus they are not consider to be reliable, especially in a serious matter such as capital punishment.10 None of these reports were narrated by earlier and far more reliable sources of Hadith such as Al-Bukhari and Muslim.

 

More significant is the fact that a case of apostasy was reported in the most authentic book of Hadith (Bukhari) reported by more than one reliable chain of narration (stronger isnad). The following includes a translation of the most central hadiths:

 

Jabir ibn `Abdullah narrated that a Bedouin pledged allegiance to the Apostle of Allah for Islam (i.e. accepted Islam) and then the Bedouin got fever whereupon he said to the Prophet (peace and blessings be upon him) "cancel my pledge." But the Prophet (peace and blessings be upon him) refused. He (the Bedouin) came to him (again) saying, "Cancel my pledge." But the Prophet (peace and blessings be upon him) refused. Then he (the Bedouin) left (Medina). Allah's Apostle said, "Madinah is like a pair of bellows (furnace): it expels its impurities and brightens and clear its good."11

 

Some argued that perhaps the man in question wanted to be relieved of his oath (bay`ah) not to leave Madinah. This argument lacks any textual or other support. In fact, the wording of this particular hadith clearly indicates that the subject of the oath (bay`ah) was to willingly accept Islam. Thus, his request to be relieved from that oath meant that he wanted to leave Islam. This incident took place in Madinah when Muslims were living in an independent Islamic "state," where the Prophet (peace and blessings be upon him) had full authority to implement Shari`ah law.

 

If indeed the "revealed" prescribed punishment for apostasy is death, the Prophet (peace and blessings be upon him) would have been the first to carry out the punishment. In fact, he did not even prescribe any punishment at all against that Bedouin, nor did he send any one to arrest him as an "apostate," imprison, or ask him to recant or even reconsider his decision as later jurists prescribed. Nor is there any solid ground to claim that this and other similar hadiths were "abrogated." In fact, these Hadiths are in conformity with the Qur'an and consistent with its central value of freedom of conscious and rejection of any compulsion in matters of faith (Al-Baqarah 2:256).

 

The above described event is compatible with one of the conditions of the Treaty of Hudaybiyah, which the Prophet (peace and blessings be upon him) accepted. The Prophet stipulated that the condition that if a Muslim were to migrate to Madinah to join the Muslim community there under the leadership of the Prophet (peace and blessings be upon him) wished to leave Islam and go back to his or her previous religion, the Prophet (peace and blessings be upon him) was obliged to let the person return to Makkah.

 

This happened before the final victory over the Makkans and the Prophet's victorious return to Makkah. However, one would have expected the Prophet (peace and blessings be upon him) to have refused this condition so that he could have been able to punish any potential apostate. It is interesting to note that some scholars who argue for capital punishment if someone commits apostasy justify that by the imperative of safeguarding the Muslim community and its political entity from disintegration and defection from the faith. Such justification would have been more relevant at the time the Prophet readily accepted that condition of the treaty since Muslims were even more vulnerable and still relatively insecure.

 

The above hadith and similar ones are of the highest degree of authenticity and reliability and are also quite clear and as such should be kept in mind when we examined other authentic hadiths on the topic.

 

Another hadith goes as follows:

 

Abdullah narrated that Allah's Messenger (peace and blessings be upon him) said, "The blood of a Muslim, who confesses that there is no God but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas (retaliation) for murder, a married person who commits adultery and the one who reverts from Islam (apostates) and leaves the (Muslim) community."12

 

This hadith has been interpreted in more than one way. The Prophet (peace and blessings be upon him) speaks here of three capital crimes, the third of which is committing apostasy and parting with the (Muslim) community. By merely committing apostasy and parting peacefully with the Muslim community without committing any act of treason justifies the death penalty, then why did the Prophet (peace and blessings be upon him) let the man in the first hadith cited above go unmolested? Would that show that parting with the community refers to coupling apostasy with joining the enemies who were at war with Muslims at that time?

 

The argument that apostasy itself is an act of treason because Islam is also a religious entity is questionable on several grounds. First, it is known that all people of other faith communities, who are peacefully coexisting with Muslims, are entitled to just and kind treatment and are not pressured into accepting Islam against their will (Al-Mumtahanah 60:8-8). If a Muslim chooses to commit apostasy, bad as it may seem from a Muslim perspective, the relevant question is whether or not such apostasy is coupled with other crimes against the state.

 

Another relevant question is whether an individual apostasy is itself an offense (in Arabic jarimah). And if it were an offense, it would be an offense that goes purely against God. In that case, God would hold the person accountable on the Day of Judgment. Or, if it were automatically considered to be a capital offense here on earth regardless of the particulars of any specific situation. More central here is whether it is coupled with any other punishable offense.

 

This inquiry is not meant to trivialize the possible, even likely harms to the community or the Islamic state. Nor does it ignore the possible effect of morale of the public in Muslim cultures. In his article regarding apostasy,13 Dr. Yusuf Al-Qaradawi eloquently speaks of these problems and harms, especially when seen among the masses of Muslims today as part of their commonly perceived Western assault on Islam and Muslims, militarily, politically, economically, socially, and even religiously. However, in the same Muslim communities, there are people who still claim to be Muslim while at the same time, they wage war on Islam and Muslims. Dr. Al-Qaradawi calls it "an intellectual apostasy."14 Unfortunately, more dangerous and destructive "apostasy" goes unpunished.

 

One version of this second hadith quoted above is quite revealing and may help answer these questions. `A'ishah, the Prophet's wife, narrated that the Messenger of Allah (peace and blessings be upon him) said the following:

 

"The blood of a Muslim, who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: a married person who commits adultery; he is to be stoned and a man who went out fighting against God and his Messenger; he is to be killed or crucified or exiled from the land and a man who murders another person; he is to be killed on account of it."15

 

This version is quite similar to Al-Bukhari's version above with respect to two categories of capital crimes; adultery and premeditated murder of an innocent person. However, the third category in Al-Bukhari's version is described here more explicitly as "fighting against God and His Messenger" an act that is inconceivable to be committed by a Muslim and is a clear indication of apostasy as the hadith deals with one who is a Muslim in the first place.

 

The expression used in this version of the hadith is identical to the following expression used in the Qur'an:

 

[The punishment of those who wage war against God and His Apostle, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: this is their disgrace in this world, and a heavy punishment is theirs in the Hereafter.] (Al-Ma'idah 5:33)

 

This verse, and hence the description in the above hadith, does not relate to apostasy itself but rather to hiraabah, or organized crime involving murder, armed robbery, and other acts that terrorize the public. It is up to the court to determine the type of punishment suited to the degree of gravity of their offenses. It is a reasonable conclusion as such that the third category mentioned in Al-Bukhari's version refers to apostasy coupled with these other crimes some of which are capital crimes. This was regarded as a viable possibility by the medieval scholar Ibn Taymiyah.

 

Dr. Al-`Awwa, a well-known contemporary Muslim scholar, wrote the following:

 

Based on this hadith, Ibn Taymiyah said that the second category here stands for the same one referred to (in Ibn Mas`ud's version) as 'someone who abandons his religion and the Muslim community,' as abandoning the Muslim community is achieved by waging war against Allah and His Messenger.

 

If this view (of Ibn Taymiyah) is correct, which I consider it to be so, then the reasons mentioned in Ibn Mas`ud's version according to which the blood of a Muslim may be shed are the same as those mentioned in `A'ishah's version of the same hadith. Hence, the person who abandons his religion and the Muslim community according to Ibn Mas`ud's version of this hadith is meant to be the person who apostatizes from Islam and then fights against Allah and His Messenger, not the person who merely becomes an apostate. Based on this, the ruling on apostates who are not involved in fighting against the Muslim community is not indicated in this hadith.

 

In other words, this hadith does not state the ruling concerning those who merely apostatize from Islam; but states the ruling on those who wage war against Allah and His Messenger, and it is established that the latter must be killed, be they Muslims or non-Muslims. Hence, it is not valid to base the view that the punishment for apostasy is the prescribed death penalty upon the Prophet's permission to shed the blood of the Muslim "who abandons his religion and the Muslim community" as mentioned in this hadith"16

 

Ibn `Abbas narrated that the Prophet said, "Whoever changed his religion, then kill him".17 This hadith is perhaps the most quoted one by those who are of the view that apostasy is a capital crime. This argument could have been more convincing if this were the only hadith on this topic. It raises a number of questions as to how it may be interpreted in view of the following statements:

 

1. The absence in the Qur'an of any earthly punishment for apostasy in spite of its mention in many places in the Qur'an.

 

2. The consistent and repeated affirmation of freedom of conscious and freedom of faith and worship in the Qur'an.

 

3. The hadiths in Al-Bukhari discussed earlier show that the Prophet (peace and blessings be upon him) himself did not carry out any punishment on the man who committed apostasy in Madinah and left the town.

 

4. There is no authentic hadith that narrates that the Prophet (peace and blessings be upon him) carried out capital punishment for apostasy during his lifetime.

 

5. As Dr. Al-`Awwa observed, the expression "kill him" does not necessarily signify a mandatory command.18 In fact, one of the basic principles of Islamic jurisprudence is that the command verb could mean a mandatory command (such as prayers, zakah, and fasting). It could refer to an optional act (like optional night prayers). It could also mean permissibility of an act and several other meanings. It is the presence of corroborating evidence or lack thereof that determines the proper contextual meaning. In the light of the evidence discussed above, the Prophet's command here seems to refer to the permissibility of capital punishment, when apostasy is coupled with a capital crime such as waging war against the community.

 

6. Dr. Al-Qaradawi suggests another possible meaning of this hadith, saying, "There is another possibility that `Umar's opinion (against mandatory capital punishment for an apostate) is that when the Prophet (peace and blessings be upon him) said, 'Whoever changes his religion, then kill him,' the Prophet (peace and blessings be upon him) said that in his capacity as the leader of the community and head of state and that this was one of the executive decisions by the authorities (one of the actions that falls within as-syaasah ash-ahar`iyyah) and not a religious verdict (fatwa) or transmission (of a verdict) of God which is binding on the Ummah at all times and everywhere and under all circumstances."19 This indicates also that punishment for apostasy, if any (as the Prophet himself did not mete to the man who committed apostasy and left Madinah), is not a mandatory fixed punishment (hadd). Other evidence to that effect was elaborated on by Dr. Al-`Awwa in his article.20

 

To justify capital punishment for the apostate, some refer to more than one version of a hadith pertaining to an incident that happened during the Prophet's life. A group of people from `Ukal and `Urainah came to Madinah and accepted Islam. Subsequently, they committed apostasy and then killed and tortured a shepherd (other version say there was more than one shepherd) and mutilated his bodies. The Prophet (peace and blessings be upon him) ordered their arrest and they were executed.21 The question here is whether they were killed because of apostasy or because of their brutal murder of innocent people. It appears certain that it was the later reason.

 

References to Actions and Interpretation of the Companions of the Prophet and the First Generation After Prophet Muhammad

 

Included in the books of Hadith are actions of the Prophet's Companions, the books contain either their explicit statements of what the Prophet said or their actions which are presumed to be based on what they learned from the Prophet (peace and blessings be upon him). While the place of consensus (ijmaa`) of the Prophet's Companions as a source of Islamic Shari`ah has been debated, it is a valid source especially if there are other supporting evidence. However, the Prophet's direct words and actions are of higher authority since only the Prophet was the recipient of revelations in matters of faith.

 

A few hadiths refer to incidents when `Ali, Mu`adh, and Abu Musa carried out capital punishment on some people who had committed apostasy. In one instance, Mu`adh was quoted as having said that this punishment was the judgment (qadaa') of God and His Messenger. Referring to these incidents, however, may not give a conclusive evidence of a mandatory capital punishment for the following reasons:

 

1. The prophet (peace and blessings be upon him) himself did not carry out a punishment in any authentic hadith. His action takes priority over words.

 

2. Other authentic hadiths relating to punishment has been interpreted differently as detailed above.

 

3. It is possible that when a companion like Mu`adh says, "This is the judgment of God and His Messenger," he was expressing his interpretation of the verses and hadiths cited above.

 

4. As Dr. Al-Qaradawi and Dr. Al-`Awwa have suggested, these reports of capital punishment were not mandatory, but rather executive decisions based on their particular circumstances, a matter that varies considerably with time and place, and not a fatwa "religious verdict" that is "binding on the Ummah (Muslim community) at all times and everywhere and under all circumstances.22

 

It is important to note that `Umar, a famous Companion of the Prophet, was disappointed when he learned that an apostate was killed. When asked what he would have done in that situation, he suggested that the apostate should have been detained and given an opportunity to reconsider his decision. He did not speak of any time limit, which may negate the notion of mandatory capital punishment. The same view was held by Ibrahim An-Nakh`i and Sufian Ath-Thawri, two members of the first generation after Prophet Muhammad. Some scholars argue that apostasy, in the early days of Islam, was considered in the context of security and war situation. For example, Jamal Al-Banna suggested the following:

 

The notion of apostasy in the time of the Prophet (peace and blessings be upon him) was coupled with animosity against Islam and waging war against it. So, one who believed in him (the Prophet) was endeavoring to support him, and one who committed apostasy was endeavoring to wage war against him and join the idolatrous folk.23

 

He then gives an example the case of `Abdullah ibn Abi As-Sarh who accepted Islam and then committed apostasy and returned to Makkah to instigate the Quraish tribe to fight against the Prophet (peace and blessings be upon him).

 

Conclusion

 

The preponderance of evidence from both the Qur'an and Sunnah indicates that there is no firm ground for the claim that apostasy is in itself a mandatory fixed punishment (hadd), namely capital punishment.

 

References to early capital punishment for apostasy were not due to apostasy itself, but rather other capital crimes that were coupled with it.

 

In the context of the besieged early Muslim community, apostasy was a major threat to the nascent Muslim community. Taking a passive attitude towards it would have jeopardized the very emergence of the Muslim community. This may be one reason why the consensus of scholars is that apostasy is an offense (in the context of an Islamic society) is an offense. However, there are wide divergence of views about its suitable punishment. Sheikh `Abdul-Majeed Subh argues that "we can conclude that the issue of the penalty prescribed for apostasy is dependent on the public interest of the nation. Therefore, there is no harm in ignoring the apostasy of an individual as long as he or she does not harm the nation. On the other hand, if a group of apostates endangers the security and interests of the Muslim community, then the Muslim ruler should consider them to be a danger and threat to society."24

 

As religious opinions (fatwas) change with the changing time, place, custom, and circumstances, this issue should be reexamined within the basic boundaries of Islamic jurisprudence and not simply of pressures of others. No Muslim is required to change the indisputable stable and fixed aspects of Shari`ah for the sake of pleasing others or earning the title "moderate" or "open minded." In the meantime, jurisprudent rulings and interpretations in the non-fixed area need not be permanent either.

 

Some principles of Islamic jurisprudence may be helpful in any such endeavor. Considering ma'alaat al-af`aa, or considering the results of adopting a particular interpretation. Even if an act was permissible or desirable but could cause harm to the cause of Islam, it should be avoided. For example, The Prophet (peace and blessings be upon him) was conscious of the imperative of safeguarding the name of Islam and its reputation. When it was suggested to him that `Abdullah ibn Ubayy ibn Salul should be killed because of the divisive and subverting role he had played in Madinah, the Prophet answered that he feared that people will say that "Muhammad is killing his companions."

 

Weighing harms and benefits of a particular act since there is no sense to do some good if that results in greater harm. Applying these rules in our contemporary world where the setting is vastly different from the past, a few pertinent questions are as follows:

 

Would the insistence on a particular view, common in Muslim jurisprudence heritage as it may be, really enhance the reputation of Islam and Muslims and correct the already severely blemished unfair image?

 

Just as the Prophet (peace and blessings be upon him) and early Muslims considered the context of their times in non-fixed matters (ghair thawaabit) shouldn't our scholars today do the same?

 

Whatever opinion is held, as Dr. Al-Qaradawi and others suggest, a great deal of caution must be exercised when dealing with any alleged apostasy case as there are many legal consequences of apostasy pertaining to family law in Islam. The benefit of doubt must be given and only those in legitimate authority and knowledge may deal with such situation as no one is allowed to take the law in their own hands.

 

If there is anything in this paper that is accurate, it is only by the Grace of Allah and because of what I have learned from scholars for whom I have great love and respect, even though I am not one of them. If there is anything that is erroneous, it is my doing and I seek Allah's forgiveness for it. If there are people who disagree with these preliminary reflections, there is no offense in engaging in brotherly and objective dialogue with the prayer that Almighty Allah may show us all the truth and help us to act upon it. The last of our prayer is all grace is due to Allah.

 

 

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** Dr. Jamal Badawi is a professor at Saint Mary's University in Halifax, Nova Scotia, Canada, where he is currently a cross-appointed faculty member in the Departments of Religious Studies and Management. He completed his undergraduate studies in Cairo, Egypt and his Masters and Ph. D. degrees at Indiana University in Bloomington, In.

Dr. Badawi has authored several books and articles on Islam. He also researched, designed and presented a 352-segnment television series on Islam, shown in many local TV stations in Canada and the US and in other countries as well. Audio and video copies of this series are widely available thought out the world. Some Titles of His Published Works are: Selected prayers, Gender Equity in Islam, Muhammad in the Bible, Status of Women in Islam, Polygamy in Islamic Law, The Earth and Humanity : An Islamic Perspective, Islam: A Brief Look, Muslim Woman’s Dress According to the Qur’an and the Sunnah and Islamic Ethics.

In addition to his participation in lectures, seminars and interfaith dialogues in North America, Dr. Badawi was invited as a guest speaker in various functions throughout the world. He is also active in several Islamic organizations, including the Islamic Society of North America and is the Founder/chairman of the Islamic Information Foundation, a non-profit foundation seeking to promote a better understanding of Islam and the Muslims towards non-Muslims. He has lectured extensively in North America and abroad, and is an excellent speaker on a variety of topics including Islam & Christianity. He is an expert in Christian-Muslim Dialogues. Dr. Badawi is also a member of the Islamic Society of North America (ISNA) Fiqh Council. He is also a member of both the Fiqh Council of North America, and the European Council for Fatwa and Research.

 

1. Baalbaki, Rohi. Al-Mawrid: A Modern Arabic-English Dictionary. Dar El-Ilm Lilmalayin: Beirut, 15th Edition, 2001, p. 582.

 

2. Hadith is defined as the actions, words and approvals of the Prophet Muhammad (peace and blessings be upon him).

 

3. For a more detailed discussion of these issues, see Kamali, Mohammad Hashim, Principles of Islamic Jurisprudence. Islamic Texts Society, Cambridge, 1991.

 

4. While some scholars argue that there are fine differences between "Hadith" and "Sunnah," the majority of scholars consider the two terms to be interchangeable. For more details on this, see Al-Saleh, Sobhi, `Ulum Al-Hadith Wa-Mostalahoh (Arabic). Dar El-Ilm Lilmalayin: Beirut, 13th Edition, 1981, PP. 3, 11.

 

5. For the distinction between the legal (As-Sunnah At-Tashri`iyyah) and non-legal Sunnah, see Kamali, op. cit., pp. 50-57. See also Al-Saleh, Sobhi, Mabaahith Fi `Ulum Al-Qur'an, Dar Al-`ilm Lilmalayeen: Beirut, 14th Ed., 1982, pp. 34-35.

 

6. Translation of the meaning of the Qur'an was based mainly on Muhammad Asad's, The Message of the Qur'an. Dar Al-Andalus: Gibralter, 1984. Some minor adjustments were made by this author to provide for greater clarity.

 

7. For other verses on apostasy, see 3:62; 86; 90, 5:57, 9:75, 16:106 and 47:25.

 

8. See Al-Saleh, Sobhi. Mabaahith Fi `Ulum Al-Qur'an. Dar Al-`ilm Lilmalayeen: Beirut, 14th ed., 1982, pp. 272-274.

 

9. Some may argue that in the Qur'an (9:74) speaks of God's punishment in this life and in the hereafter. However, both the textual and historical context of this verse deals with the hypocrites not the apostates. In spite of their lack of faith, hypocrites continue to claim that they are believers and do not declare that they had "committed apostasy." The basic rule is to accept hypocrites' claim (of faith) and leave it to God to punish them in his own way, in this life and the life to come.

 

10. Ash-Shawkani, Muhammad Bin `Ali. Nayl Al-Awtaar (in Arabic). Dar Al-Jeel: Beirut, 1973, Vol. 8, pp.2-3.

 

11. Sahih Al-Bukhari. (translated by Muhammad Muhsin Khan), Maktabat Al-Riyadh Al-Hadithah: Riyadh, 1982, Vol.9, hadith 316, pp. 241. Similar hadiths narrated by other chains of narration include Hadiths 318, P. 242; 323, p. 246.

 

12. Al-`Asqalaani, Ibn Hajar. Fath Al-Bari Bisharh Sahih Al-Bukhari (in Arabic). Edited by M. Abdul Baaqi and M. Al-Khatib, Dar Al-Rayyan Lilturaath: Cairo, 2nd Printing, 1987, Vol.12, Baab Ad-Diyaat, hadith 6878, p. 209, translated by this author.

 

13.

http://islamonline.net/English/contemporary/2006

/04/article01c.shtml- updated April 14, 2006.

 

14. Ibid.

 

15. Al-Azdi, Abu Dawud Sulaiman (died AH 275), Sunan Abu Dawud (Arabic) , Edited by M.M. Abdul Hamid, Al-Maktabah Al-Asriyyah, Beirut, no date, Vol. 4, hadith 4353, P. 126, translated by this author.

 

16. Islamonline, op. cit.

 

17. Sahih Al-Bukhari, op. cit., Vol. 9, hadith 57, p. 45.

 

18. Islamonline, op. cit.

 

19. Islamonline Arabic website. Translated by this author.

 

20. Ibid.

 

21. Sahih Al-Bukhari, op. cit., Vol. 8, hadiths 794, 795, 796, 797, pp. 519-522.

 

22. Islamonline, op. cit.

 

23. Islamonline Arabic website. An article by Jamal Al-Banna, Translated by the author.

 

24. Islamonline, op. cit.

 

 

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The works posted on this page reflect solely the opinions of the authors.

 

Source

[Geel_jire]

Excellent bro.

 

Exactly what I was looking for, since my knowledge in Islam is very limited didnt want to cause more problems than i was aiming to solve.

[Ms DD]

Good ol' Northener. Good job

[winnie]

i think that is a little bit unfair king koya. i mean, i was with you in the beginning, muslims now a days are behaving terribly especially towards people of other faiths, but lets be real we're not treating our own bro's and sis' in faith too well either (see sudan, saudi arabia). however, dont you think its a little presumptious, not too mention insulting, to assume we didnt do some research? majority of the people on this website are educated, literate, middle class. i mean, if we're judging God's religion by his creation, unfortunately we will always be disappointed. i could find some terrible horrendous things christians are/were guilty of, especially during the crusades, but i wont make the mistake of blanketting the entire belief system as evil. i dont think there are any "evil" religions, i do believe that there is one true religion, but the other ones are not in existence because of evil. humans create religion to explain the unexplainable aspects of the universe, or to create social cohesion, but not for evil... the devil spreads his evil waswaas everywhere though, regardless of if its the true religion or not.

 

also, seeing as a lot of us are in north america and europe, dont you think it would be easier on us to discard our religion than to continue being walking targets for the masses? im sure there are muslims, somalis included, who have investigated the deen and left it, and im sure there are some who also left it because of what they hear about islam in the media, but thats life. in true islam, the way the prophet mohammed pbuh, taught us and practiced it, there is no compulsion in religion. if youre born into a muslim family, of course you will be indoctrinated into an islamic lifestyle but at some point in your life you will have to make a decision. i agree with you about people should be encouraged to investigate things, especially the things we take for granted like identity.

[Ameen]

SubhanAllah, what has become of the "Western Somali's".

 

To the Poster: I don’t know if your intention is to beautify Christianity and thus call us to your new” so-called” light but let me put this in the must basic terms so that you can understand.

 

I would rather die than leave my Islam. Yes, that’s right. If the West took away my rights and freedoms, that’s fine. Death is better than life without dignity.

 

But if the West tried to take away my Islam, I would ask them to allow to pray two rakahs before they kill me. And how much I would love for that to be my final outcome.

 

By the way, when you post, write upon facts and not just feelings that you hold dear to your heart, which by the way, have now been exposed.

 

Come back to Islam, the real understanding of Islam or your abode shall be Hell.

[Emperor]

All Somalians will be what?

 

Has the website became a platform for the christian missionary.

[Curly]

Interesting replies, well from the little I read. I wonder sometimes why we fall into to these obvious traps. Someone belittles Muslims and the silly actions of a minority by calling us all barbaric and we reply in just the way they expected.

 

The prophet (SAW) lived amongst non Muslims peacefully and we can't do the same on a website.

 

As for you KK maybe you should think about the KKK and how those so called Christians killed for their religion. But you don't see us sweeping all Christians with the same brush now. In fact you’ll find the majority of African Americans who were victimised by them were Christians.