Regarding leaving islam !

aliff

Junior Member
Assalamu A'laikum,

I was having a discussion with a non-muslim and he forwarded me this message,.. can anyone plz shed some light on this one ?? I haven't read Hadith that much, but regarding leaving islam, i was under a totally different impression since Holy Qur'an (42:48) says entirely different... !

"Whoever changes his religion, kill him" or here "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: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims" (Bukhari, vol. 9, bk. 83, no. 17)

Also, if you find an answer in Holy Qur'an, then is it necessary to look for it in the Hadith as well.. i mean isn't the Holy Qur'an the main source. Regarding Hadiths, firstly, there are some fabricated Hadith and certain hadiths contradict each other... for example:

"I have left you the Qur'an and my sunnah"

also,

"Do not write down anything of me except the Qur'an. Whoever writes other than that should delete it" - Sahih Muslim

Someone plz clarify this.... :(

Wassalam
 

samiha

---------
Staff member
Assalamu alaykum.

What i am very worried about here is that we might get a lot of ignorant answers that is based on just speculation.

THis is not correct. I don't have time my brothers and sisters.... but if you plan to post here, i would like to ask that you put only the opinions of scholars because in truth, NONE of us are as knowledgable as many of the scholars and we have no right to post opinions when it comes to Islam!!!

everything legislized in the Quran is for a reason... Hadith completely supports the Quran there are no contradictions in either!!
The Sunnah explains the Quran and both are required to be a good Muslim.


"If anyone disobeys Allah and His Messenger he is indeed on a clearly wrong path." [Al-Ahzab, 33:36]
"He that obeys Allah and His Messenger has already attained the great victory." [Al-Ahzab, 33:71].

Allaah, subhana watala, says in the Quran (Surah An-Nûr 24:54):

Say: "Obey Allah and obey the Messenger, but if you turn away, he (Messenger Muhammad ) is only responsible for the duty placed on him (i.e. to convey Allah's Message) and you for that placed on you. If you obey him, you shall be on the right guidance. The Messenger's duty is only to convey (the message) in a clear way (i.e. to preach in a plain way)."


plz remember this!

Wassalam.
 

Akilah

Junior Member
Assalam Alaikum,

to be honest with you, i do not know much about this issue other than that in Islam there are better ways of dealing with issues of apostacism than death and that that is more recommended than to kill people. Perhaps some one else with more knowledge will reply you, but in the meantime, I found this info on another website that addresses the topic a little bit although not fully, also i don't think writer is a scholar so perhaps they don't have a complete understandinb but none the less inshallah this may help.

I obtained these below responses from another website that addresses the concept of apostates.

1- Who are the Apostates in Islam?

Apostates or Renegades are those who decide to leave the religion of Islam. There is a widely prevailing misconception about this issue. It is generally thought that the Holy Quran (The Muslims Holy Scripture) provides the death sentence for those who desert the religion of Islam. There is not the least ground for such a supposition. The Holy Quran speaks repeatedly of people going back to unbelief after believing, but never once does it say that they should be killed or punished. Although the Holy Quran does provide the death sentence for some situations such as putting a murderer to death, but it never provided death sentence or ordered the death of those who leave Islam.

Let us look at Noble Verse 2:217 "They ask thee (Mohammed) Concerning fighting In the Prohibited Month. Say: Fighting therein Is a grave (offence); but graver is it In the sight of Allah to prevent access to the path of Allah, to deny Him, to prevent access to the sacred Mosque, and drive out its members. Tumult and oppression are worse than slaughter. Nor will they cease fighting you until they turn you back from your faith if they can. And if any of you turn back from their faith (Islam) 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." Here in this Holy Verse we see that Allah Almighty talks about those who leave Islam, and promises them punishment in the day of judgment. Allah Almighty doesn't order the death of those people.

Let also look at Noble Verse 5:54 "O ye who believe! If any from among you turn back from his faith, soon will Allah produce a people whom He (Allah) will love as they will love Him lowly with the believers, Mighty against the rejecters, fighting in the way of Allah, and never afraid of the reproachers of such as find fault. That is the Grace of Allah which He will bestow on whom He (Allah) pleaseth. And Allah encompasseth all, and He knoweth all things." Here in this Holy Verse we see again Allah Almighty strengthening the faith of the Muslims in Islam by assuring them that whenever they see Muslims leaving Islam they will also see those who join Islam with strong faith and love to Allah Almighty.

"As most men are rebellious." (5:49), it is inevitable that there should be apostates even from such a religion of reason and common-sense as Islam. In Verse 5:54 above there is a warning to the Muslims that they should not repeat the history of the Jews, and become so self-satisfied or arrogant as to depart from the spirit of Allah's teaching. If they do, the loss will be their own. Allah's bounty is not confined to one group or section of humanity. He can always raise up people who will follow the true spirit of Islam. That spirit is defined in two ways:

1- They will love Allah Almighty and Allah Almighty will love them.

2- Amongst the Brethren, their attitude will be that of humility, but to wrongdoers they will offer no compromises, and they will always strive and fight for the truth and right. They will know no fear, either physical, or that more insidious form. They are too great in mind to be haunted by any such thought.

Let us look at Noble Verse 5:55 "(O Muslims) Your (real) friends are (No less than) Allah, His Messenger, and the (Fellowship Of) Believers, those who establish regular prayers and regular charity, and they bow down humbly (in worship)." Here we see Allah Almighty telling Muslims after he warned them from apostates in (5:54) that their real friends are: Allah Almighty, Prophet Mohammed peace be upon him, and the good Muslims who keep up with their prayers and charity, and who humbly worship their God.

Let us look at Noble Verse 3:90 "But those who reject faith after they accepted it, and then go on adding to their defiance of faith never will their repentance be accepted; for they are those who have (of set purpose) gone astray." Here in this holy verse we see Allah Almighty rejecting the faith of those who keep coming back and forth to Islam. In order for a human being to accept Islam as his religion, he must be certain about it first. Allah Almighty's path is wide open, and his mercy is greater than this universe. This Holy Verse also does not order the death of those who leave Islam.

The path to Allah Almighty is always open and Allah Almighty will be your friend as in verse (5:55) above, and he will forgive your sins for you once you repent as in the following verse: "Except for those that repent (Even) after that, And make amends; for Allah is Oft-Forgiving Most Merciful." (3:89).





2- The absolute freedom of religion in Islam:

Some group of Muslims believe in killing apostates because they follow a Hadith (Saying) from Prophet Mohammed peace be upon him regarding the apostates. While Islam was weak and still growing among Jews, Christians and Pagans, Muslims did not have the full and complete religion that they needed. Some Jews and Christians wanted to take advantage of such situation to destroy Islam. They had a plan to adopt Islam first and then desert it, thus creating the impression that Islam was not a religion worth adopting.

Let us look at Noble Verse 3:72 "A section of the People of the Book (Jews and Christians) say: Believe in the morning what is revealed to the believers (Muslims), but reject it at the end of the day; perchance they may (themselves) turn back (from Islam)." To protect Islam from such Satanic attempts done by a group of the people of the book (Jews and Christians), Prophet Mohammed peace be upon him ordered the death of those who enter Islam and leave it. This temporary law that was put by our Prophet had stopped the hypocrites from the People of the Book who carried so much hatred toward Islam to enter Islam and desert it afterwards.

Allah Almighty ordered the Muslims to kill the pagans who fought against the Muslims. The following Noble Verse talks about all of the enemies who fought the Muslims long and bloody battles:

Let us look at Noble Verse 2:191 "And slay them wherever ye catch them, and turn them out from where they have Turned you out; for tumult and oppression are worse than slaughter; but fight them not at the Sacred Mosque, unless they (first) fight you there; but if they fight you, slay them. Such is the reward of those who suppress faith." The killing of the pagans who fought the Muslims during the time when Islam was not yet complete was essential.

Important Note: Noble Verse 2:191 above is not dedicated to the apostates as some Muslims use it to prove that the Noble Quran orders the killing of apostates. In fact, it doesn't even mention the apostates. It talks in general about slaying the pagans who declare wars on the Muslims. The pagans would obviously include the apostates who deserted Islam, but the Noble Verse certainly doesn't DIRECTLY order the killing of anyone who deserts Islam.

Allah Almighty promised that He will protect the Noble Quran from any corruption:

"We have, without doubt, sent down the Message; and We will assuredly Guard it (from corruption). (The Noble Quran, 15:9)"

"Nay, this is a Glorious Quran, (inscribed) in a Tablet Preserved! (The Noble Quran, 85:21-22)"

Let us look at Noble Verse 5:3 ".....This day those who reject faith given up all hope of your religion: Yet fear them not But fear Me (Allah). This day have I (Allah) perfected your religion for you, completed my favour upon you, and have chosen for you Islam as your (complete) religion....". So long as Islam was not organized, with its own community and its own laws, the unbelievers and the Hypocrites from the People of the Book and the Pagan Arabs had hoped to wean the believers from the new teaching. Now that hope is gone forever with the complete organization of Islam.

Let us look at Noble Verses 15:2-3 "Again and again will those who disbelieve, wish that they had bowed (to God's will) in Islam. Leave them alone, to enjoy (the good things of this life) and to please themselves: let (false) hope amuse them: soon will knowledge (undeceive them)."

Let us look at Noble Verses 10:99-100 "If it had been thy Lord's will, they would all have believed, all who are on earth! wilt thou then compel mankind, against their will, to believe! No soul can believe, except by the will of God, and He will place doubt (or obscurity) on those who will not understand."

Let us look at Noble Verse 18:29 "Say, 'The truth is from your Lord': Let him who will believe, and let him who will, reject (it): for the wrong doers We have prepared a Fire whose (smoke and flames), like the walls and roof of a tent, will hem them in: if they implore relief they will be granted water like melted brass, that will scald their faces, how dreadful the drink! How uncomfortable a couch to recline on!"

Let us look at Noble Verse 27:92 "And to rehearse the Qur'an: and if any accept guidance, they do it for the good of their own souls, and if any stray, say: 'I am only a Warner.'"

Let us look at Noble Verse 10:99 "If it had been thy Lord's will, they would all have believed,- all who are on earth! wilt thou then compel mankind, against their will, to believe!" Allah Almighty doesn't like us to compel people into belief.

"No soul can believe, except by the will of God, and He will place doubt (or obscurity) on those who will not understand. (The Noble Quran, 10:100)" Allah Almighty helps those whom He likes to be guided to His Straight Path. If anyone doesn't believe, or reverts back from Islam, it is then his loss and it is the Will of Allah Almighty.

"Say: 'Behold all that is in the heavens and on earth'; but neither Signs nor Warners profit those who believe not. Do they then expect (any thing) but (what happened in) the days of the men who passed away before them? Say: 'Wait ye then: for I, too, will wait with you.' (The Noble Quran, 10:101-102)" Notice how Allah Almighty orders us to say "Wait" to those who reject Islam. This clearly says that we can't force anyone into Islam, or punish anyone for leaving Islam.

Let us look at Noble Verse 10:108 "Say: 'O ye men! Now Truth hath reached you from your Lord! those who receive guidance, do so for the good of their own souls; those who stray, do so to their own loss: and I am not (set) over you to arrange your affairs.'" Whoever believes benefits his soul and whoever doesn't, harms it, and Prophet Muhammad peace be upon him is not in charge of people to arrange their affairs. Only Allah Almighty is.

"Say: 'Obey Allah, and obey the Messenger: but if ye turn away, he is only responsible for the duty placed on him and ye for that placed on you. If ye obey him, ye shall be on right guidance. The Messenger's duty is only to preach the clear (Message). (The Noble Quran, 24:54)" Prophet Muhammad's duty was only to preach.

"Those who pervert the Truth in Our Signs are not hidden from Us. Which is better? he that is cast into the Fire, or he that comes safe through, on the Day of Judgement? Do what ye will: Verily He seeth (clearly) all that ye do. (The Noble Quran, 41:40)" Here we clearly see Allah Almighty giving a freedom of choice for people to choose or refuse Islam.

"And those who take as protectors others besides Him - Allah doth watch over them; and thou art not the disposer of their affairs. (The Noble Quran, 42:6)" Again, Allah Almighty here told Prophet Muhammad that he has no authority over those who reject Islam.

"It is true thou wilt not be able to guide every one whom thou lovest; but Allah Guides those whom He will and He Knows those who receive guidance. (The Noble Quran, 28:56)" Again, no authority to Prophet Muhammad over those who accept or reject Islam.

Let us look at Noble Verse 2:256 "Let there be no compulsion in religion: Truth stands out clear from error: whoever rejects evil and believes in Allah hath grasped the most trustworthy handhold, that never breaks. And Allah heareth and knoweth all things." The Holy Quran prohibits Muslims to force any person into Islam. Muslims must not let people resent Islam and Muslims. They must leave people decide for themselves because the "Truth stands out clear from error" (2:256).

Compulsion is incompatible with religion: Because (1) religion depends upon faith and will, and these would be meaningless by force; (2) Truth and Error have been so clearly shown up by the mercy of Allah Almighty that there should be no doubt in the minds of any persons of good will as to the fundamentals of faith; (3) Allah Almighty's protection is continuous, and His Plan is always to lead us from the depths of darkness into the clearest light.



The following was sent to me from "Vipor Poison"; may Allah Almighty always be pleased with him:

"I found another verse in the Quran that dealt with apostates. Noble Verse 4:137 "Those who believe, then reject faith, then believe (again) and (again) reject faith, and go on increasing in unbelief,- Allah will not forgive them nor guide them nor guide them on the way."

Notice that the Quran says those who reject faith and then BELIEVE and again DISBELIEVE. if a Muslim rejects faith and is then killed for doing so how will he live to again BELIEVE and then DISBELIEVE. The atmosphere of this verse is that of free will and freedom of choice to everyone. If Allah wanted he would have said something about the punishment, if there was any, of those who reject Islam after accepting it. but Allah takes this to be clearly a private matter between them and Allah.

I found many verses in the Quran that teach us NO PUNISHMENT for an apostate BUT I found no verse that says the contrary.

Here is another verse about the freedom of expression in the Quran. many translators translate this wrongly and kill the meaning of the word making it a bogus and strange statement. Noble Verse 39:18 "Those who listen to the word, then follow the best of it; those are they whom Allah has guided, and those it is who are the men of understanding."

The Quran tells the Muslims to listen to every thing and follow only the best of what is said. it does not tell them to kill people if they say something that is not according to the cultural norm."



The following two sets of Noble Verses were sent to me by brother Rached Blili; may Allah Almighty always be pleased with him.

Let us look at Noble Verses 109:1-6 "Say : O ye that reject Faith! I worship not that which ye worship, Nor will ye worship that which I worship. And I will not worship that which ye have been wont to worship, Nor will ye worship that which I worship. To you be your Way, and to me mine."

Let us look at Noble Verse 42:15 "Now then, for that (reason), call (them to the Faith), and stand steadfast as thou art commanded, nor follow thou their vain desires; but say: 'I believe in the Book which God has sent down; and I am commanded to judge justly between you. God is our Lord and your Lord: for us (is the responsibility for) our deeds, and for you for your deeds. There is no contention between us and you. God will bring us together, and to Him is (our) Final Goal.'"

The Noble Quran in all of the above Noble Verses is crystal clear about providing freedom of religion and choice to all people, Muslims and non-Muslims.





3- So how come Muslim Fundamentalists execute those who desert Islam then?

The interpretation of those who prohibit women from education, even though Islam clearly allows education for women, and prohibit them also from driving, and oppress men by forcing them to grow beards, even though beards are NOT mandatory in Islam, doesn't mean much to me.

As we've seen above, it is quite clear, and beyond any questioning that Allah Almighty prohibited compulsion in religion and allowed the absolute freedom of religion to everyone. When Prophet Muhammad peace be upon him executed apostates, he did it because Muslims were at war time and because Islam was still partial, and Muslims needed protection from the hypocrites of the Jews and Christians who purposely entered Islam and deserted it later to create confusion among the Muslims as shown below in the Noble Verse.

The Sayings of Prophet Muhammad, peace be upon him, regarding killing the renegades came when Islam was partial and the Muslims were dealing with wars all the time. So if the person wasn't with the Muslims, then he was certainly with his people, the pagans and the other non-Muslims, and he would've then had to join the evil forces to fight the Muslims. So the case back then was different than today.

I have no sympathy for those hypocrites of the Jews and Christians who got executed:

"A section of the People of the Book (Jews and Christians) say: Believe in the morning what is revealed to the believers (Muslims), but reject it at the end of the day; perchance they may (themselves) turn back (from Islam). (The Noble Quran, 3:72)"

Please read "The absolute freedom of religion in Islam" section above for more details and explanations.

Please visit Islam prohibits forming alliance with Jews and Christians and non-Muslims.

Why do some Muslims call Americans and Westerners "Great Satan"?

What is the Wisdom of Islam?





4- My rebuttal about the historical Muslims' battles with the Apostates:

According to the Islamic history, when Prophet Muhammad peace be upon him died, some of the Muslims had deserted Islam for several reasons. The biggest of those reasons was that they opposed paying the Zakah (2.5% of annual income of Islamic taxes for the poor). Keep in mind that Allah Almighty constantly Warning the Prophet and the Muslims from the hypocrites (false believers). The Arabs before Islam were used to exploiting each others. The strong ate the poor, and high interest rates were enforced on loans given to the poor to ultimately force them to sell of their cattle, sons, daughters and/or wives as slaves.

After the death of our Prophet, some of the rich hypocrites decided to join with the Pagan Arab tribes to fight the Muslims and end Islam. The leader of the apostates/renegades was Musylama Al-Kath-thab or Musylama the liar in English, started his army of infidels in what we call today the country of Oman, which is more than 1,000 miles away from Mecca and Medina where the Muslims resided.

After Musylama became strong and popular and was able to gather a big amount of pagans and hypocrites to form an army, he led them to march to Mecca and Medina to fight the Muslims. When his army finally reached the mountains near Mecca, the Muslims had fought them several battles until he ultimately was killed and his army was soundly defeated.

The objection that I have with some Muslims is for the following reasons:

1- It was the renegades or apostates that declared the war on the Muslims. The Muslims did not start the war.

2- We can't use the story of Musylama Al-Kath-thab to prove that it is ok today to kill any person who deserts Islam. Musylama was not a peaceful renegade. He wanted to destroy the Muslims through war. He had to be fought and killed. We can't use him as a standard and kill all renegades, especially those in the West for instance, who might embrace Islam and then desert it later due to the overwhelming anti-Islamic media and lies.

3- As I proved in this article, Allah Almighty in the Noble Quran talked about the apostates several times, and not a single command exists in the Noble Quran that orders the killing of any of them.

4- The Sayings of Prophet Muhammad, peace be upon him, regarding killing the renegades came when Islam was partial and the Muslims were dealing with wars all the time. As I said above, if the person wasn't with the Muslims, then he was certainly with his people, the pagans and the other non-Muslims, and he would've then had to join the evil forces to fight the Muslims. So the case back then was different than today.

5- Today, if a week-hearted and easily persuaded person for instance decides to embrace Islam and then gets easily persuaded to leave Islam, and then gets easily persuaded to embrace Islam again, and then gets easily persuaded to leave it and so on, then how is it right for us to apply the things that were applied to the hypocrites and Musylama Al-Kath-thab during and after our Prophet's time to this innocent individual?

6- We must never forget Allah Almighty's Command that honors the freedom of religion and choice in Islam in Noble Verse 2:256 and the others as shown in this article.

7- Some Muslims claim that the Caliphs did not apply Noble Verse 2:256 and others to the renegades, because the Caliphs knew that these Noble Verses are not applicable to them. My response to this is that we:

1. Don't know if the Caliphs had any choice to apply them back in the hostile environment that they existed in back then.
2. The Caliphs are not the measuring stick that the Muslims today have to follow, especially after knowing that the Caliphs themselves did things different from each others several times before on very major Islamic issues: [1] [2].





5- Does Islam really mean to force someone to Islam or else kill him?

Please visit Does Islam really mean to force someone to Islam or else kill him?





6- Conclusion:

As we clearly see from the Noble Verses above, apostates are no longer to be killed in Islam. I am not here promoting apostates, but there is no reason to kill someone who doesn't deserve to be killed. Certainly if the apostate is hostile toward the Muslims and joins the enemy in a war against them, or tries to corrupt the Muslims in the Muslim lands by trying to convert them to his/her new deviant religion, then the matter becomes different. But if a Westerner today for instance embraces Islam for a while and then changes his position due to the overwhelming false anti-Islamic media, then certainly killing that person would be a grave sin and a big mistake.
 

Akilah

Junior Member
Also, if your friend is a Christian or Jew ask them to look at their scripture Matthew 5:17-20(it talks about not rejecting what was revealed previous), and also tell him/her to look at Luke verse 10.

Once they look at those, which state that they cannot alter what came before, tell them to look at Deuteronomy verse 6-18 which expressly talk about killing apostates and their entire communities.

Inshallah, when you friend sees this he/she will be able to not look at Islam so biasedly.

As a final point, I should mention, although in my view the best thing to do is what Allah instructs us to do and that is to leave matters to Allah (if He wants to have revenge on these people He will or if he wants to give mercy He will... not our decision really), but yeah my final point is this.

Whether or not one agrees with capital punishment is up for discussion, but why is it that capital punishment is not all over the headlines? Don't you find it strange that if a person breaks a law they go to jail and they pay their time or they may be given the death sentence, but for breaking the ultimate law which is God's law, people think it's no big deal? I'm not saying to kill apostates, I know about Allah's mercy and ability to guide people back from the dark, but that is something to think about as well.
 

BintMuhammad

New Member
Staff member
Some of the rulings on apostasy and apostates

Question:
I am happy to have found this website of yours. I was born a Muslim and I learned a lot of Islamic teachings after I reached adolescence. I am trying to understand my religion.
I have read in some of your answers on the issue of apostasy that the punishment for the apostate is to be put to death. But I have read on another website that the apostate who is to be put to death is the one who wages war on Islam (muhaarib).
I am more inclined towards the second opinion.
The reason for that is that I have friends who were born in Muslim families and who have Muslim names, but some of them do not know how to do wudoo’ or how to pray, but they acknowledge the Shahaadatayn.
Can we regard these people as apostates and thus put them to death?.

Answer:
Praise be to Allaah.

Firstly:

The Muslim should not incline more towards one scholarly opinion rather than another just because it is in accordance with his whims and desires or his reasoning. Rather he has to accept the ruling based on evidence from the Qur’aan and Sunnah. It is essential to put the texts and rulings of sharee’ah before all else.

Secondly:

Apostasy (riddah) and going out of Islam are things that may be done in the heart, on the tongue or in one's actions.

Apostasy may take place in the heart, such as disbelieving in Allaah, or believing that there is another creator alongside Allaah, or hating Allaah or His Messenger (peace and blessings of Allaah be upon him).

Apostasy may take the form of words spoken on the tongue, such as defaming Allaah or the Messenger of Allaah (peace and blessings of Allaah be upon him).

Or apostasy may take the form of outward physical actions, such as prostrating to an idol, mistreating the Mus-haf, or not praying.

The apostate (murtadd) is worse than one who is a kaafir in the first place.

Shaykh al-Islam Ibn Taymiyah said, refuting the pantheistic belief of the Baatinis:

It is well known that the kaafir Tatars are better than these (Baatinis), because the latter are apostates from Islam, of the worst type of apostates. The apostate is worse than one who is a kaafir in the first place in many aspects.

Majmoo’ al-Fataawa, 1/193

Secondly:

Not every Muslim who falls into kufr is a kaafir and apostate. There are reasons why a Muslim may be excused and not judged to be a kaafir, for example: ignorance, misunderstanding, being forced, and making mistakes.

With regard to the first, a man may be ignorant of the ruling of Allaah, because he lives far from the Muslim lands, such as one who grows up in the desert or in a kaafir land, or has only recently come to Islam. This may include many of those Muslims who live in societies where ignorance prevails and knowledge is scarce. These are the ones concerning whom the questioner is confused as to whether they are to be judged as kaafirs and executed.

The second reason is if a person interprets the ruling of Allaah in a manner not intended by the Lawgiver, such as those who blindly follow the people of bid’ah (innovation) in their misinterpretations, such as the Murji’ah, Mu’tazilah, Khawaarij and the like.

The third reason is if an oppressor overwhelms a Muslim and will not let him go until he makes a blatant statement of kufr out loud in order to ward off the torture, when his heart is at ease with faith.

The fourth is when words of kufr come to one's lips without meaning it.

Not everyone who is ignorant about wudoo’ and prayer can be excused, when he seed the Muslims establishing prayer and praying regularly, and he can read and hear the verses on prayer. What is preventing him from praying or from asking about how it is done and what its essential conditions are?

Fourthly:

The apostate is not to be put to death immediately after he falls into apostasy, especially if his apostasy happens because of some doubt that arose. Rather he should be asked to repent and he should be offered the opportunity to return to Islam and resolve his doubts, if he has any doubts. Then if he persists in his apostasy after that, he is to be put to death.

Ibn Qudaamah said in al-Mughni, 9/18:

The apostate should not be put to death until he has been asked to repent three times. This is the view of the majority of scholars, including ‘Umar, ‘Ali, ‘Ata’, al-Nakhaii, Maalik, al-Thawri, al-Awzaa’i, Ishaaq and others. Because apostasy comes about because of doubt, and cannot be dispelled in an instant. Time should be allowed for the person to rethink the matter, and the best length of time is three days.

End quote.

The saheeh Sunnah indicates that it is essential to put the apostate to death.

Al-Bukhaari (6922) narrated that Ibn ‘Abbaas said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever changes his religion, put him to death.”

Al-Bukhaari (6484) and Muslim (1676) narrated that ‘Abd-Allaah ibn Mas’ood said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “It is not permissible to shed the blood of a Muslim who bears witness that there is no god except Allaah and that I am the Messenger of Allaah, except in one of three cases: a soul for a soul (i.e., in the case of murder); a previously-married person who commits zina; and one who leaves his religion and separates from the main body of the Muslims.”

The general meaning of these ahaadeeth indicates that it is essential to put the apostate to death whether he is waging war on Islam (muhaarib) or not.

The view that the apostate who is to be put to death is the one who is waging war on Islam (muhaarib) only is contrary to these ahaadeeth. The Prophet (peace and blessings of Allaah be upon him) said that the reason why he should be put to death is his apostasy, not his waging war against Islam.

Undoubtedly some kinds of apostasy are more abhorrent than others, and the apostasy of one who wages war against Islam is more abhorrent than that of anyone else. Hence some of the scholars differentiated between them, and said that it is not essential to ask the muhaarib to repent or to accept his repentance; rather he should be put to death even if he repents, whereas the repentance of one who is not a muhaarib should be accepted and he should not be put to death. This is the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him).

He said:

Apostasy is of two types: ordinary apostasy and extreme apostasy, for which execution is prescribed. In both cases there is evidence that it is essential to execute the apostate, but the evidence indicating that the sentence of death may be waived if the person repents does not apply to both types of apostasy. Rather the evidence indicates that that is allowed only in the first case – i.e., ordinary apostasy – as will be clear to anyone who studies the evidence that speaks about accepting the repentance of the apostate. In the second type – i.e., extreme apostasy – the obligation to put the apostate to death still stands, and there is no text or scholarly consensus to indicate that the death sentence may be waived. The two cases are quite different and there is no comparison between them. It does not say in the Qur’aan or Sunnah, or according to scholarly consensus, that everyone who apostatizes in word or deed may be spared the death sentence if he repents after he is a captured and tried. Rather the Qur’aan and Sunnah, and scholarly consensus, differentiate between the different kinds of apostates.

Al-Saarim al-Maslool, 3/696

Al-Hallaaj was one of the most well known heretics who were put to death without being asked to repent. Al-Qaadi ‘Iyaad said:

The Maaliki fuqaha’ of Baghdad at the time of al-Muqtadir were unanimously agreed that al-Hallaaj should be killed and crucified because of his claim to divinity and his belief in incarnation, and his saying “I am al-Haqq [God],” even though he outwardly appeared to adhere to sharee’ah, and they did not accept his repentance.

Al-Shifa bi Ta’reef Huqooq al-Mustafa, 2/1091.

Based on this, it is clear that what the questioner says about the apostate not being killed unless he is waging war on Islam is mistaken, and the differentiation that we have quoted from Shaykh al-Islam Ibn Taymiyah may dispel any confusion and make the matter clearer.

Waging war against Islam is not limited only to fighting with weapons, rather it may be done verbally such as defaming Islam or the Prophet (peace and blessings of Allaah be upon him), or attacking the Qur’aan, and so on. Waging verbal war against Islam may be worse than waging war against it with weapons in some cases.

Shaykh al-Islam Ibn Taymiyah said:

Muhaarabah (waging war against Islam) is of two types: physical and verbal. Waging war verbally against Islam may be worse than waging war physically – as stated above – hence the Prophet (peace and blessings of Allaah be upon him) used to kill those who waged war against Islam verbally, whilst letting off some of those who waged war against Islam physically. This ruling is to be applied more strictly after the death of the Prophet (peace and blessings of Allaah be upon him). Mischief may be caused by physical action or by words, but the damage caused by words is many times greater than that caused by physical action; and the goodness achieved by words in reforming may be many times greater than that achieved by physical action. It is proven that waging war against Allaah and His Messenger (peace and blessings of Allaah be upon him) verbally is worse and the efforts on earth to undermine religion by verbal means is more effective.

Al-Saarim al-Maslool, 3/735

Fifthly:

With regard to not praying, the correct view is that the one who does not pray is a kaafir and an apostate. See question no. 5208.

And Allaah knows best.

Islam Q&A
 

Akilah

Junior Member
is apostasy a capital crime in Islam?

Assalam Alaikum,

Just found this article on apostasy, it's very long, but very informative and best thing is everything is sourced


http://www.islamonline.net/English/contemporary/2006/04/article02.shtml


Is Apostasy a Capital Crime in Islam?

By Dr. Jamal A. Badawi**


Apr. 26, 2006

*

Introduction
*

Methodology
*

Evidence from the Qur'an
*

Evidence from Hadith
*

Actions and Interpretation of the Companions and the First Generation
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Conclusion

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

Apostasy is a capital crime as it threatens the integrity and stability of the Muslim community and state.

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 which prescribes an earthly punishment for apostasy.

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.

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.

It is inconceivable to attain peace if any person is forced or coerced to become a Muslim or to remain a Muslim against his/her free will.

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

It is abundantly clear that there is no conclusive evidence in the Qur’an to sustain the claim that the apostate should be killed

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:

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Is there any report of apostasy that took place during the lifetime of the Prophet?
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What is the degree of authenticity of such report(s)?
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If there are such authentic reports, was the Prophet (peace and blessings be upon him) in a position to implement and enforce the law?
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How did the Prophet (peace and blessings be upon him) deal with such case(s), in the form of action or words?
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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

There is no firm ground for the claim that apostasy is in itself a mandatory fixed punishment (hadd), namely capital punishment.

*

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.

** 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.
 

aliff

Junior Member
Assalamu A'laikum,

Jazakallah khair for sharing this... :D

everything legislized in the Quran is for a reason... Hadith completely supports the Quran there are no contradictions in either!!

Yes, you are right, sorry about my last post.. i get very confused debating with non-muslims when they keep quoting verses from Haidth out of nowhere. :confused: I dont know what i was thinking when i wrote that post :redface:

My friend is an atheist. He has serious misconception about islam and is brainwashed due to media, anti-islamic books etc. He makes all kinda weird statements about islam which has absolutely no meaning.. some of them i found hilarious.. lol, he told me that muslims worship the moon as god, its the moon-god that the arab pagans used to worship before the time of Muhammad(peace be upon him)...lol.. kinda shows the kind of ignorant a man can be regarding islam... then i told him that we dont worship any creation, but we worship only the Creator. I quoted the verse from Qur'an (41:37)

"And among His signs are the night and the day and the sun and the moon; do not prostrate to the sun nor to the moon; and prostrate to Allah Who created them, if Him it is that you serve."

Anyway, I tried to clear out his misconception, but he is very unreasonable :( and doesn't want to listen/understand what i tell him. So, i have stopped debating with him.

Note: I have been busy with final exams, so my reply was very late :confused:

Wassalam :)
 

Akilah

Junior Member
Assalam Alaikum,

It was good that you tried to explain to your friend, but I you are absolutely right in not wanting to debate with him anymore. La Kun Din a kum walia din (we have our religion and they have theirs), and as we know as well Allah has set a seal on them so they can't hear, see etc. (not a proper quote from Quran..just idea of meaning). Inshallah youre exams went well...just work on strengthening your own Iman and Din, because in the end, we will all be accountable for ourselves. Also, try and surround yourself with Muslims as the kafrs try to do whatever is possible until we will be like them. But never will we be like them, and only if Allah wills will they be like us.
 

dexter

New Member
reply

:salam2:

Thanks for bringing up the topic.

Indeed, the Quran itself mentioned that it has everything explained in it, the sunnah or the prophet's way in living is also to be followed, his hadiths should be limited to a very few which are strongly ascertained by his closest followers and family members, of them those that are trusted.

So, indeed, as you've mentioned that punishment of infidelity of a married person, etc. are all valid punishments under the laws that were given by God to mankind.

There are many Verses from the Quran that bring laws in the social structure and you may refer to them as well...


all the best...
 

SeekerofTruth

Junior Member
Thanks Akilah for the post about Leaving Islam,but why did you have...
The interpretation of those who prohibit women from education, even though Islam clearly allows education for women, and prohibit them also from driving, and oppress men by forcing them to grow beards, even though beards are NOT mandatory in Islam, doesn't mean much to me.
which says beards are not mandatory in Islam? Did I miss something?

Peace!
Jerry
 

muslimahuk

New Member
salaam who wants to change there religion and why if your a muslim what is wrong with you how can you even think of leaving this ummah your home your past present and future and your lord your prophet i cant even imagine what kind of person would even think of such a thing
 

island muslim

Junior Member
Salaa Alaiykum,

Just wanted to say to sister Hurelein "Barakallah Feeki" for posting the ruling from islamQA site. Its one of the best sites for rulings run by knowledgable Ulema whom the majority of Ahlu Sunnah agree upon.

Jazakallah khairan.
 

dianne

Senior Member
Bismillahirahmanirahim,

I just have simple answer -WHEN the Death angels takes your breath from the souls and we will buried,First day were in a die - Allah swt asks you ' Marabbuka? - First questions from Allah to you - Who is your God? What is your Religions,Who is your sunnah of the Prophet? Its very clear in here Islam cannot be revert back in our life.
 

Sweet Insanity

90's Child
everyone who enters Islam preaches love and peace... everyone who leaves Islam only preaches hatred... hatred is evil... evil is the devil and a follower of the devil should be killed... why? because he has surrendered himself to the will of the devil and not the will of Allah (SWT) therefore his test is over... so whats the point of staying on earth any longer?

thats my interpretation of what the Quraan is saying anyways...
 

jabba

Salafi Dawah is the best
Assalamu alaykum.

What i am very worried about here is that we might get a lot of ignorant answers that is based on just speculation.

THis is not correct. I don't have time my brothers and sisters.... but if you plan to post here, i would like to ask that you put only the opinions of scholars because in truth, NONE of us are as knowledgable as many of the scholars and we have no right to post opinions when it comes to Islam!!!

everything legislized in the Quran is for a reason... Hadith completely supports the Quran there are no contradictions in either!!
The Sunnah explains the Quran and both are required to be a good Muslim.


"If anyone disobeys Allah and His Messenger he is indeed on a clearly wrong path." [Al-Ahzab, 33:36]
"He that obeys Allah and His Messenger has already attained the great victory." [Al-Ahzab, 33:71].

Allaah, subhana watala, says in the Quran (Surah An-Nûr 24:54):

Say: "Obey Allah and obey the Messenger, but if you turn away, he (Messenger Muhammad ) is only responsible for the duty placed on him (i.e. to convey Allah's Message) and you for that placed on you. If you obey him, you shall be on the right guidance. The Messenger's duty is only to convey (the message) in a clear way (i.e. to preach in a plain way)."


plz remember this!

Wassalam.


Salam Alaikum

no offense sister but that's kind of rude to insinuate people here are going to post ignorant answers. Also you never seem to have time to write something just to look down at other peoples responses, why then are you a mod if you don't have time??
 

Al-Kashmiri

Well-Known Member
Staff member
Salam Alaikum

no offense sister but that's kind of rude to insinuate people here are going to post ignorant answers. Also you never seem to have time to write something just to look down at other peoples responses, why then are you a mod if you don't have time??

As-salaamu `alaykum sister.

We all get busy at times, if you haven't noticed then maa shaa Allaah, Samiha our dear mod and sister writes to much benefit, may Allaah reward her for it. However, one who has seen her posts can compare and distinguish when she has time or not, due to their depth. We mods all get busy. We have exams to take, courseworks to hand in, places to go, families to take care of etc, yet we still try to be active and do what we are expected to do, something which people should appreciate, as it isn't always an easy job.

As for her statement being rude then you may look at it in that way, however what she said applies to any place of discussion on the internet. Especially busy forums with many users like this one. And many of you have seen me stress the importance of writing based upon knowledge and not mere whims, desires and opinions, when facts is what is needed to be discussed.

Sensitive issues like this need extra caution, and should in my opinion be fully moderated so that only those beneficial, clear cut answers which are backed with evidence are allowed through. Mere comments and "I heard so and so say" is not needed here (I am not saying it is present). So our aim with regards to sensitive topics is that they are treated with justice.

A final remember to all, please be nice to each other and post that which is beneficial. If you have problems (with us or others) then you do not publicise your 2 cents, rather stick to the sunnah and ask about the issues privately, we do have PMs after all. We need not to behave like the extremists amongst the youth who cause public uproar by publicising peoples mistakes, and taking things out of context.

I hope it clarifies the matter, anyway back to the discussion please.
 

jabba

Salafi Dawah is the best
:salam2:
ok, so your saying this site is moderated by teenagers who have exams????

Anyway like you said to get back on track, my question would be why if Islam was being practiced properly at home would anyone want to leave Islam? There is a saying that Islam is perfect, Muslims are not.:wasalam:
 

Al-Kashmiri

Well-Known Member
Staff member
:salam2:
ok, so your saying this site is moderated by teenagers who have exams????

Anyway like you said to get back on track, my question would be why if Islam was being practiced properly at home would anyone want to leave Islam? There is a saying that Islam is perfect, Muslims are not.:wasalam:

Not everyone who has exams are teenagers, so lets not generalise. I have exams and I am a man, not a teen. Many of us take exams to further our careers, or to make hijrah and certainly we aren't all teens. :).
 
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