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No Punishment, If No Harm*
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By Sheikh `Abdul-Majeed Subh**
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Apr.
13, 2006
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Sheikh
Subh's Good Argumentation with the Doubters of Islam
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There
is no doubt that each nation has the right to enact laws that
guarantee the protection of its identity. By the same token, the
Muslim nation should protect its identity, mission, and society
against any external or internal danger by implementing penalties.
Only ignorant people or oppressors would deny this right.
In
Islam, the penalty of apostasy is meant to achieve the
above-mentioned aim, namely to preserve the identity of the Muslim
nation.
Then,
let us think about what apostates actually leave behind. Do
apostates forsake Islam, the religion of universality, tolerance,
human brotherhood, justice, kindness even to non-Muslims, and
freedom? No, most often, apostates leave Islam either because of
misconception or due to their desires.
Islam
is a religion and also a source of knowledge. Religion comes through
divine revelation, while knowledge should be in tune with reality
and based on clear evidence.
Apostates
who leave Islam do not have any sound proofs for their stance. |
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Accordingly,
apostates who leave Islam do not have any sound proofs for their
stance. Rather, they adhere to ignorance, doubt, blind imitation,
and suspicion.
It
should be noted that only the state has the right to remove any
doubt if the apostate is truthful in seeking the truth.
Nevertheless, it will be appropriate to quote the following dialogue
between Al-Ma'mun
and an apostate as follows:
Al-Ma'mun
said, "To me, it is more beloved to save your life
rather than to behead you, and to prove your acquittal rather than
to assure your guilt. So why do you forsake Islam? Tell us so we can
treat your disease. If our treatment benefits you, make use of it,
but if you find it of no avail, you will be blameless."
The
apostate replied, "Your differences among yourselves caused me
to forsake Islam."
Al-Ma'mun
said, " Differences
among ourselves are of two categories. First,
our differences over subsidiary (far`i)
issues of the Shari`ah, which
are regarded as mercy and ease for people. Second,
our differences in interpreting the revelation while we are in
agreement regarding its origin. In this context, it is
noteworthy that if Allah has willed, He would have made His
revelation in no need of interpretation. Yet religion is always in
need of efforts and searching, which require hard working and
racing."
Realizing
the truth, the apostate proclaimed, "I witness that there is no
god but Allah Who has no equal or son, that Jesus is His servant,
that Muhammad (peace and blessings of Allah be upon him) is
truthful, and that you are the true commander of the
believers."
Al-Ma'mun
ordered his people to "save his honor and do not be kind
towards him this day lest his enemies might say 'He embraced Islam
to gain the Muslims' favor.' Later, don't neglect to support, aid,
and console him."
If
we reflect on the above dialogue, we will see the peak of freedom,
democracy, and tolerance. According to Ibrahim
An-Nakh`i, an apostate should not to be
killed, but rather, should be advised about Islam and asked to
repent. According to a narration of `Umar
ibn Al-Khattab,
apostates should be asked to repent, but if they refuse, then they
should be imprisoned.
There
is no harm in ignoring the apostasy of an individual as long
as he or she does not harm the nation. |
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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.
*
Quoted, with slight
modifications, from Good Argumentation With the Doubters of Islam,
translated by Wael Shihab, Egypt: Dar Al-Manarah for Translation,
Publishing and Distribution, 2001.
**
Sheikh `Abdul-Majeed Subh is
a prominent scholar who graduated from Faculty of Islamic Theology (Usul
ad-Deen) from Al-Azhar University in 1950. He also obtained a
diploma in higher studies from the Ministry of Higher Education in
Egypt. He also has a master's in Arabic linguistics and educational
studies from the Faculty of Arabic Language, Al-Azhar University.
Sheikh `Abdul-Majeed also has a diploma from the Institute of Al-`Idad
Wat-Tawjeeh (a specialized institute for training da`is (callers to
Islam).
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