Obedient Angel
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 | Subject: Regarding Apostasy  Fri Nov 16, 2012 5:22 am | |
| The law of apostasy, as applied at some places, is that someone who leaves Islam should be put to death. This, however, is not anywhere in the Qur'an. In all the places where the Qur'an talks about those who apostate, the punishment is in the hereafter not in this world. To cite just one example among several others,
" They will not cease to fight against you until they turn you from your religion if they are able; and whoever of you turns from his religion, and dies disbelieving - their works have failed in this world and the Hereafter. Those are the inhabitants of the Fire, abiding therein. "[2:217]
It should be noted that like in the Qur'an, a hadith may have been said in a particular context referring to a certain situation and is not to be taken as a general rule applying to all times. Against the hadith that is usually cited to justify apostasy, there are several others that show that this was not what the Prophet applied unconditionally. Among these hadiths are the following:
Hadith on Pardon:
The Prophet pardons a man who became apostate and joined the enemy army ..
Ibn Abbas reported: Concerning the verse in the chapter of the Bee, “Whoever disbelieves in Allah after his belief – except for one who is forced while his heart is secure in faith – but those who willingly open their breasts to unbelief, then upon them is wrath from Allah and for them is a great punishment,” (16:106) that this was restricted and an exception was made for that, as Allah said, “Thereafter, verily, your Lord is to those who emigrated after they had been put to trial and then they strived and were patient; indeed, your Lord is after that Forgiving, Merciful.” (16:110)
This was Abdullah ibn Sa’d ibn Abu Sarh, who was in Egypt and he would write to the Messenger of Allah, peace be upon him, but the devil deceived him and he joined the unbelievers. The Messenger of Allah ordered that he should be killed on the day of liberation, but Uthman ibn Affan sought protection for him, so the Messenger of Allah granted him protection.
[Sunan An-Nasa’i, Book of Prohibiting Bloodshed, Number 4069, Sahih]
Ibn Abbas reported:
A man among the helpers embraced Islam and then he became an apostate and joined the idolaters, but he regretted it later, so he sent word to his people, saying,
"Ask the Messenger of Allah if there is any repentance for me."
His people came to the Messenger of Allah, peace be upon him, and they said,
"He has regretted what he has done, and he wants us to ask you if there is any repentance for him."
Thus, Allah revealed,
"How shall God guide a people who have disbelieved after their belief, and bore witness that the Messenger is true, and after the clear signs had come to them? God guides not the evildoing folk.
Those - their requital is that there shall rest on them the curse of God and of the angels and of men altogether.
Abiding therein, the chastisement shall not be lightened for them and they shall not be reprieved.
But those who repent thereafter, and make amends, then truly God is Forgiving, Merciful. " [3: 86-89]
So they sent for him and he embraced Islam.
[Sunan An-Nasa’i, Book of Prohibiting Bloodshed, Number 4068, Sahih]
Hadith on Apostasy: Evidence the Prophet did not execute people for simple apostasy without violent treason
Jabir reported: A bedouin came to the Prophet (pbuh) and gave the pledge of allegiance for embracing Islam. The next day he came with a fever and said, “Please cancel my pledge.” The Prophet refused three times and he said, “Medina is like a furnace; it expels its impurities and collects what is pure.”
[Sahih Bukhari, Volume 3, Book 30, Number 107]
Some Muslim Scholars' Opinion Regarding the Apostasy Law:
Shaikh Rashid Rida [1865-1935]
[Eminent Islamic scholar, disciple of Afghani/Abduh]
"This verse reaffirms the one which occurs in Surat al-Baqarah (II:256), and both proscribe compulsion in religion. Both of these passages proclaim and uphold that people are free to pursue religious beliefs of their own choosing. No one is to be compelled to abandon the religion he professes nor must anyone be exposed to punishment and torture for the sake of religion." [quoted in chapter Freedom of religion by Dr. Mohammad Hashim Kamali's Freedom of Expression in Islam, Islamic Text Society, 1997]
Shaikh Mahmud Shaltut [1893-1963]
[A prominent Egyptian Islamic scholar. He was the shaykh or grand imam, i.e. the leader, of Al-Azhar Islamic Institute in Egypt from 1958 to 1963]
"Mahmud Shaltut analyses the relevant evidence in the Qur'an and draws the conclusion that apostasy carries no temporal penalty, and that in reference to this particular sin, the Qur'an speaks only of punishment in the hereafter ..." [mentioned in chapter Freedom of religion by Dr. Mohammad Hashim Kamali's Freedom of Expression in Islam, Islamic Text Society, 1997., Shaltut, al-Islam ‘Aqidah wa-Shari’ah, pp. 292-93; al-Samara'i, Ahkam al-Murtadd fi al-Shari’ah al-Islamiyyah, p. 114 f]
Shaykh Muhammad Sayyid Tantawi
[Grand Imam of al-Azhar since 1996]
"Shaykh Tantawi's ruling on the subject of a Muslim apostasizing has certainly shed new light on this subject, while making the non-Muslims realise that Islam is a religion of moderation. To Shaykh Tantawi, a Muslim who renounced his faith or turned apostate should be left alone as long as he does not pose a threat or belittle Islam. If the Muslims were forced to take action against the apostate, he said it should NOT be because he or she had given up the faith but because he or she had turned out to be an enemy or a threat to Islam. Shaykh Tantawi, in his views, shows clearly how simple and moderate Islam is, a religion that is tolerant and not coercive on anybody. Shaykh Tantawi repeatedly stresses the need for Muslims to acquire traditional Islamic knowledge as well as the modern ones so that they could add to the strength of the Muslim community to defend the religion." [Introduction of Grand Imams of Al-Azhar]
Islamic Research Department, Al-Azhar University
"The Islamic Research Department of Al-Azhar University has called the penalty for apostasy as null and void and has said that the ways of repentance are open for the whole life. ... So an apostate can repent over his mistake anytime during his life and there would be no fixed period for it." [Al-Alamul Islami, the weekly organ of Rabita Alam al-Islami, 23rd August 2002, quoted in Dr. M. E. Subhani, Global Media Publications, 2005, p. 25]
Dr. Jamal Badawi
[Professor Emeritus, St. Mary's University, Canada]
"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." [Is Apostasy a Capital Crime in Islam?"
"when a man in Madinah apostated from Islam, the Prophet (peace and blessings be upon him) neither ordered his execution nor punished him in any other way, and when the man finally left Madinah, the Prophet (peace and blessings be upon him) never sent anyone to arrest him or punish him because of his apostasy." [Apostasy-Dialogue with Dr. Jamal Badawi]
Dr. Mohammad Hashim Kamali
[Professor of law at the International Islamic University of Malaysia; author of Principles of Islamic Jurisprudence, 2003 and Freedom of Expression in Islam, 1994]
"The controversy been exacerbated further by reliance on the provision in the Sunnah which authorizes the death penalty for apostasy without due consideration of other evidence in the Sunnah to the effect that punishment by death was meant only for apostasy accompanied by hostility and treason. ... The Prophet did not treat apostasy as a proscribed offense (hadd), but, on the contrary, pardoned many individuals who had embraced Islam, then renounced it, and then embraced it again. ... [T]he Qur'an is consistent in its affirmation of the freedom of belief and it fully supports the conclusion that the objectives of the Shari ah cannot be properly fulfilled without granting people the freedom of belief, and the liberty to express it." [Chapter: Freedom of Religion in Mohammad Hashim Kamali’s Freedom of Expression in Islam Islamic Text Society, 1997]
Sheikh Gamal Al-Banna
[Egyptian Islamist thinker, author, and journalist]
In an article titled "No Punishment for Ridda [Muslims leaving Islam]; Freedom of Thought is the Backbone of Islam," Al-Banna quoted all the Koranic verses on the subject, and then said: "These verses are clear with regard to ridda in Islam; they make no mention of any torture or punishment for the murtadd in this world, like the punishments for thieves or murderers. The [only] dreadful and terrifying punishment is the rage of Allah. This is compatible with the policy and spirit of the Koran, and the many other texts included in it, that are based on belief in persuading the individual and his intent without coercion or pressure, and that state that his freedom is maximal... [Sheikh Gamal Al-Banna: Social and Religious Moderation Vs. Political Extremism]
Dr. Rachid Ghannouchi
[leading Islamic thinker and philosopher, and also a scholar on the European Council for Fatwa and Research]
"The first challenge was that of ar-ridda (the turning away or back, or apostasy, from Islam), which Ghannouchi views more as a military insurrection than an act of apostasy." [quoted in Dr. Azzam Tamimi's Democracy: The Religious and the Political in Contemporary Islamic Debate]
Dr. Khaled Abou El Fadl
[Distinguished scholar and Professor of Law and Islamic Studies, University of California, Los Angeles, USA]
But while the Koran mentions ridda, it never calls for the execution of apostates. There is no record of the prophet killing an apostate himself. And executions of apostates have been rare in Islamic history. "The common argument is that it clearly contradicts the Koran, which says there should not be compulsion in religion," said Khaled Abou El Fadl, an Islamic law expert and professor at the University of California, Los Angeles. [In Kabul, a Test for Shariah]
Dr. Mohammed Fadel
[Faculty of Law, University of Toronto, Canada]
"It is certainly true that the vast majority of Islamic legal scholars in the middle ages prescribed the death penalty for apostates, after an appropriate period for the defendant to repent. This was not, however, a universal position, as an early (and quite respected and important authority, Ibrahim al-Nakha'i, argued that an apostate has the rest of his natural life to repent. More importantly, the origin of the crime of apostasy is political/military treason, not freedom of conscience. Early works of Islamic law make this clear. Almost inevitably, questions of apostasy are raised in the context of a Muslim 'defecting' and joining the ranks of the enemy.
This should not be too surprising given the religious nature of polities in that day and age. In today's world, polities are not religion-based, but based on citizenship, and accordingly, the original logic behind the rules of apostasy have lost their force. For that reason, many, but not all, contemporary Muslim thinkers reject the notion that apostasy should be a capital offense. Of course, that does not mean that, in times of crisis, demagogues cannot abuse obsolete rules to wreak havoc." [Interview]
Shaikh Dr. Taha Jabir al-Alwani
[Former Professor of Fiqh and Usul al Fiqh at Imam Muhammad b. Sa'ud University in Riyadh. Founding member, the International Institute of Islamic Thought (IIIT) in the USA in 1981; founder-member of the Council of the Muslim World League in Makkah; , a member of the OIC Islamic Fiqh Academy in Jeddah since 1987; and President of the Fiqh Council of North America since 1988.]
"Apostasy is not a simple act. It has several parts. We cannot simply say that someone left the religion. We must look at the reasons and actions that come before leaving the religion. Suppose one becomes an expatriate and fights against the U.S, (for example). This person would be tried and convicted of treason and usually killed. But if one leaves a religion without causing harm to others or engages in treason, then there is no punishment. The Qur'an is blatant about the fact that there is no compulsion in religion. Some people at the time of the Prophet would convert in the morning and leave Islam at night. The Prophet then announced that those joining in Islam in good faith are welcome, but those who join only to then leave and discredit Islam and then encourage others to fight Islam, that is considered treason and treated as a crime in the same way as U.S. law." [Interveiew]
Dr. Louay Safi
[Executive Director of ISNA Leadership Development Center; Ex-President, Association of Muslim Social Scientists]
“Traditionalist scholars have long embraced classical positions on apostasy that consider the rejection of Islam as a capital crime, punished by death. This uncritical embrace is at the heart of the drama that was played in the case of the Afghan convert to Christianity, and which would likely be repeated until the debate about shari’ah reform and its relevance to state and civil law is examined and elaborated by authentic Muslim voices. … Indeed, one cannot find in the Qur’an any support for the apostasy (ridda) penalty. … I am inclined to the increasingly popular view among contemporary scholars, that ridda does not involve a moral act of conversion, but a military act of rebellion, whose calming justifies the use of force and the return of fire. … A Christian or a Jew who converts to Islam is no more a Christian or a Jew, but a Muslim and must be respected as such. By the same taken a Muslim who convert to Christianity is no more a Muslim, but a Christian and must be respected as such.” [Apostasy and Religious Freedom]
Dr. Ingrid Mattson
[President, Islamic Society of North America; Professor of Islamic studies at Hartford Seminary in Connecticut]
"Given the importance to her of individual choice, Mattson is well aware of the major questions Westerners have about religious freedom in Muslim countries - and whether Muslims have the right to convert to other faiths. A few converts have had their children taken away or have been persecuted as a result. A specialist in Islamic law, Mattson says this is an area that is now being widely examined and contested.
'Many scholars have convincingly argued that apostasy is not a crime, while treason is, based on cases from the early days of Islam, where people who left the community for other religions were not punished, while those who left the political community and betrayed it were.'
What happened historically in some Muslim societies, she says, was that no distinction was made between community affiliation and religious affiliation. But today's world makes other demands, and she supports the case being made for separation of the two." [Muslim convert takes on leadership role]
Dr. Saif Ad-Deen 'Abdul-Fattah
[Professor of political theory at Cairo University, known for his remarkable contribution to the branch of jurisprudence that deals with al-maqasid (the objectives of Shari`ah)]
"I think that the rule that governs the issue here is Allah's saying [There is no compulsion in religion] (Al-Baqarah 2:256). Religion cannot by any means be compared to a trap; whoever is trapped in it can never get out. Muslims are in no need of new hypocrites. From this point, I can assure that those who apostatize are always to be asked to repent. The incidents of apparent apostasy in our history are those of collective apostasy. This kind of collective apostasy is considered as cases of state security and national security, in which the penalty for apostasy is applied to protect the whole state." [Freedom and the Cartoon Crisis: From the Incident to the Approach]
Sheikh Muhammad Al-Mukhtar Al-Shinqiti
[Director of the Islamic Center of South Plains, Lubbock, Texas]
"What I understand from different hadiths on the issue is that apostasy has two different aspects: one, as an intellectual position, i.e. a Muslim who is no longer convinced of the truth of Islam. The second apostasy is in the meaning of political treason and military rebellion against Muslims. During the time of the Prophet Muhammad (peace and blessings be upon him), the person that changed his religion joined the pagan army and fought against Muslims, and that is, in my view, what meant by: 'one who reverts from Islam (apostate) and leaves the Muslims.' Therefore, apostasy as purely an intellectual position has no prescribed punishment in the Islamic law, but if a Muslim committed treason against the Muslim Ummah and joined the enemy fighting against Muslims, then he would deserved the death punishment, especially at times of war. Even in secular laws in some countries the penalty for treason is capital punishment.
This does not mean that apostasy is not a great sin – indeed it is the worst of all sins, and Allah says that He will punish those who committed such a heinous act. But not every sin that is punishable on the Day of Judgment has punishment in this world." [Islamonline Live Fatwa Session]
Dr. Abdul Hakim Murad
[Professor of Islamic Studies, University of Cambridge, U.K]
"The issue of the punishment for apostasy is a fascinating example of debates unfolding in Islamic law. Islam has four orthodox schools of law, and traditionally the majority view in all four of them held that apostasy carries the death penalty. In recent years, however, many Muslim scholars have pointed out that even among the medieval writers there are leading figures who, on the basis of the Muslim scriptures, have contested this. An example, from the Hanafi school, would be al-Sarakhsi; and from the Malikis, al-Baji. The reason for the difference of opinion (hardly an uncommon phenomenon in Islamic law!), is that the Qur'an nowhere lays down a penalty for apostasy, and the Hadith texts have been interpreted in very contrasting ways.
For this reason, Shaykh Mahmud Shaltut, the highest religious authority in Egypt during the 1960s, issued an opinion to the effect that apostasy was not a criminal offence in Islamic law. This view has been followed widely in the Muslim world." [Online Dialogue: The Future of Muslims in the West]
More:
On Apostasy and Islam:
100+ Notable Islamic Voices affirming the Freedom of Faith
Dr. Mohammad Omar Farooq
Upper Iowa University
April 2, 2007
http://apostasyandislam.blogspot.com
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