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Name
Shah
- India
Profession
Question
Who is the apostate and how to deal with him? Thanks!
Answer
An apostate is one who embraces Islam, or in some other opinions, who is born a Muslim, and then decides to leave Islam.
As for dealing with him, there are different opinions about dealing with the apostate. Most scholars are of the opinion that he should be informed and asked to recant. If after clarification he insists on his position then he should be executed. Other scholars are of the opinion that since the Qur’an affirms freedom of religions, apostasy is left to the individual as real accountability will be in the Day of Judgment. Still other scholars, while considering apostasy as an infraction and a potential threat to the stability and integrity of an Islamic state, they do not find decisive and definitive evidence that the apostate should be executed. At most he may be subject to a discretionary punishment depending on the harm to society caused by his apostasy.
Name
Hossam
- Afghanistan
Profession
Question
What is the punishment for apostasy in Islam and when should the apostate be killed?
Answer
There is no single verse in the Qur’an that prescribes a worldly punishment for apostasy. The Qur’an states the punishment only in the Hereafter. However, numerous verses in the Qur’an affirm freedom of religion and reject compulsion or coercion in religion; for example, see Chapter 2, verse 256.
In hadith, however, there are some texts signifying capital punishment for apostasy. However, scholars differed about the interpretation of these texts. Some made a distinction between apostasy which coupled with fighting against Muslims, committing a capital crime or committing an act of “high treason” against the state. According to this interpretation, capital punishment is because of these crimes, not mere leaving Islam. Other scholars made no such distinction. However, the first interpretation is supported by a number of other sound hadiths which show that 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.
If indeed the capital punishment for apostasy is a hadd (specified mandatory punishment) one would expect that the Prophet (peace and blessings be upon him) would be the first one to implement the law of Allah.
These hdadiths are reported in Al-Bukhari, the most authentic collection of hadith, in the book of Al-Ahkaam which is found in the English translation by M. Mohsen Khan, Volume 9, hadith number 316, 318, and 323, pages 241, 242, and 246. They are also reported in Fath Al-Bari, volume 13 under Kitab Al-Ahkam, hadith number 7209, 7211, and 7216.
Name
Hamad
- Canada
Profession
Question
Who should apply the punishment for apostasy and when can one be labeled as an apostate?
Answer
Allegation of apostasy is a very serious matter. There must be a conclusive evidence such as open declaration of rejection of Islam as one’s religion and acting in a way that CAN NEVER, even with the benefit of doubt, be understood other than apostasy, or the denial of the basics of faith that are widely known as essential pillars of faith provided that the person is not ignorant even of these basics.
Due process must be followed to ascertain definitively that the person is outside the pale of Islam.
It is unfortunate that some Muslims take accusation of apostasy too lightly and consider an error in understanding or rejection of non-essential and debatable issues as sufficient indication of apostasy.
Should there be any ground for punishment within the limits mentioned in an earlier answer, then it is up to a just Islamic authority to determine the extent of punishment or for that matter forgive the person if indeed this is in the higher interest of Islam and the welfare of the community.
Often times, punishment is not for apostasy alone but because of other crimes or harms done to the community. If that is the case, even those scholars who advocate punishment require following due process, including counseling the person concerned, trying to clarify any doubts or questions he may have and to give him ample opportunity to reflect on this information and reconsider his decision. Some scholars, including some early jurists such as Sufyan Ath-Thawri who was one of the most famous tabi`een (the generation immediately following the companions of the Prophet who learned from them), are of the opinion that there is no time limit for this process, i.e. the person is given an opportunity to recant indefinitely.
Name
Mohamed
- Canada
Profession
Government
Question
Ho can you reconcile the various juristic positions with respect to punishment for apostasy (death, social boycott or no punishment at all - some of these have been articulated on this website) and the Universal Declaration of Human Rights?
Answer
First, we must realize that the issue of punishment, especially capital punishment, is not a mandatory punishment (hadd) as there is no definitive evidence of that in the Qur’an and the totality of hadith.
Secondly, we must realize that some opinions that advocate punishments were influenced by the circumstances of times where they were given or might have related to specific individuals or situations.
Thirdly, I am personally fully convinced that the only ground for capital punishment for the apostate is only when apostasy is coupled with some other serious crimes such as high treason or murder.
Furthermore, Shari`ah rights and “human rights” are not opposites of one another, though they may not be totally identical. For example, both assert the dignity of the human (see chapter 17: 70), that there should be no coercion in choosing one’s religious faith, and that due process and benefits of doubts should be accorded to any person accused of any unlawful act.
Name
Jack
- United States
Profession
Question
Non-Muslims often comment about Islam saying that most Muslims are Muslims because of the death penalty for apostasy. Please clarify.
Answer
I believe that this is a very overstated assumption. There have been numerous periods of Muslim history where Muslims were utterly defeated militarily, invaded and occupied by hostile powers for extended periods of time, subjugated to lengthy colonial influence, yet we find that Muslims continued to adhere sincerely to their faith and even expand its scope. It should be remembered that about 1/3 of all Muslims live as minorities under non-Islamic societies which are not ruled by Islamic law, however they still continue adhere to their faith. Even in the West where Muslim minorities can easily apostate without any fear and perhaps even gaining acceptance from the broad society, it is seldom that Muslims apostate. On the contrary we notice the spread of Islam in many societies and we see many instances of Muslims becoming more adherents to their faith than they used to in their home (Muslim majority) countries.
Name
Martin
-
Profession
Question
In your view, what are the limits of the freedom of belief? Is anyone free to adopt whatever beliefs he wants? How about Muslims who turn to be non-Muslim abandoning Islam over a night?
Answer
I wonder how could any human being force another to believe or not believe in anything if belief is something which is innermost in the heart of the individual. The Prophet (peace and blessings be upon him) clearly stated that we have not been commanded to split open people’s hearts. The Prophet (peace and blessings be upon him) himself accepted the overt claims of hypocrites that they were Muslims. In Islamic law a person is treated by his or her declaration, not by what is inside their hearts, which is only known definitively by Allah.
Name
Haroon
- United Kingdom
Profession
Teacher
Question
The Qur'an makes clear that there can be no compulsion in religion. How can the calls for the killing of the Afghan convert to Christianity, Abdul Rahman, be justified? Surely if a person wishes to change his faith, that is his human right. Do you agree?
Answer
It was stated previously that there is no ground at all in the Qur’an for killing an apostate for mere apostasy. As to hadith, it was discussed earlier, using an integrative approach in understanding these hadiths, how and why scholars differed in their interpretation of these hadiths.
Name
Jou
-
Profession
Question
Kindly enlighten me on the so-called Intellectual Apostasy, widely spread among Muslims nowadays.
Answer
Please refer to previous question where apostasy was defined. The term “intellectual apostasy” is vague. If it means rejection of the fundamentals of faith such as the oneness of Allah, the fact that the Qur’an is the word of Allah which is free from any error or contradiction, then it is indeed apostasy.
However, if it means adopting a “heretical view” of other non-core beliefs, erroneous as they may be, then it may not be regarded as apostasy but at most as grave error borne out ignorance or negative defensive attitude or negative social influence. In some cases it may result from mixing between the normative teachings of Islam and actions of some Muslims, contrary to its teachings even if these actions are claimed to be in the name of God or Islam. In other instances it may result from mixing between the broad principles and definitive texts of Shari`ah and Fiqh (interpretations of scholars which are not infallible and may change with time, place, custom and circumstances).
Name
enam
- United States
Profession
high school student
Question
As-Salamu alaykum.
I have this friend who is trying to convert his Hindu friend to a Muslim. If the person becomes Muslim what should he do? Also he has a wife should he leave her or convert her to Islam? Also what if she doesn't convert?
Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
If a person accepts Islam without compulsion he should begin with understanding and strengthening his faith and begin to practice the faith beginning with the minimum prayers and other pillars of Islam. It should be done in a gradual manner without imposing too much too soon, as the prophet (peace and blessings be upon him) directed in his statement when he said that Islam is so profound, so enter into it gently.
If his wife is from the People of the Book (i.e. Jewess or Christian) his marriage continues to be valid. According to the Qur’an, neither Muslim male or female should marry or continue marriage with others such as polytheists, atheists or agnostics. However, all efforts should be tried, without compulsion, to persuade the wife of the merits of the Islamic monotheism and Islamic values.
Name
freddie
- United Kingdom
Profession
postman
Question
Dr Badawi, surely the eye-witness accounts in the hadith are decisive. Where in the Qur'an is execution of apostates disallowed? Thanks!
Answer
The right question to ask is where in the Qur’an is the execution of the apostate allowed. There is no single verse in the Qur’an that prescribes a worldly punishment for apostasy.
Name
Khan
-
Profession
Question
Some scholars say that the reason the Prophet SAWS did not kill that person who asked for his allegiance to revoked is apostasy punishment was not yet to be enacted, and after it was in place the Prophet did not stop it once. What is your reply?
Answer
I am not aware of any firm evidence of that time sequence. And the matter of rulings in such an important issue cannot be based on conjecture, assumption or the opinion of either the public or even the commentators and scholars.
Secondly, as to the other hadiths in which allegedly allowed capital punishment (such as the hadith of the people of `Ukal and `Uraynah, it was not because of their apostasy but because they coupled apostasy with the murder of shepherd(s), and in some versions, torturing them and mutilating their bodies and armed robbery (hirabah). The more correct interpretation of this hadith is that the punishment was not for apostasy but because of other capital crimes.
In the many instances if one hadith has been superseded especially in matters of rulings, the Prophet, peace be upon him, would say, “I ordered you before to do so and so… but now I order you to do something different.” Such a statement is not found in these hadiths.
Name
Abdullah
-
Profession
Question
How is an apostate a threat to the Islamic state? Many Muslims say it is treason, can you please explain how it's considered treason? Thank you.
Answer
I did not say that individual, private apostasy in itself is an act of high treason against the state. What was said earlier, based on some scholars’ interpretation of hadith, is that only if individual apostasy was coupled by other capital crimes such as high treason or murder, then the punishment is because of those crimes not just because of apostasy.
Name
Sweeney Todd
- Ireland
Profession
Barber
Question
Me and my mates have been talking over suds after work that the problem seems to be that you Muslims just can't let well enough alone. You know, like letting everyone believe in whatever they want to believe in. Or don't you people believe in freedom of religion? Because if you don't, we say go to the devil.
Answer
Brother Sweeney, we do not respond to personal insults or polemics as the Qur’an and our Prophet taught us.
As to your question, in the answer to several questions in this session it was made crystal clear that the Qur’an affirms freedom of religion and denounces coercion in religion. The Qur'an does not contain a single statement of a worldly punishment for the apostate. What you are mixing, brother, is between normative Islam on one hand and misbehavior, statements, actions and misinterpretations by some Muslims.
I do realize, however, that you and your mates are influenced by the same media mix-up projected by the dominant media outlets. I would recommend that you seek more authentic information on Islam. One such source is islamOnline.net notwithstanding that some opinions expressed on that site are debatable and subject to disagreement, but overall it is a trustworthy source.
Name
Sr. Monica
- United States
Profession
Question
As-salamu 'Alaykum wa rahmatullah... I have read recently that rejecting the ahadith is treated as apostasy. Elsewhere, I read that this only means that the person is 'misguided.' How should such a person be treated?
Answer
Only rejection of the totality of hadith as the second primary source of Islam is regarded as rejection even of the Qur’an since the Qur’an firmly establishes the authority of sound hadith. However, I would hesitate to call that apostasy until the person is given a clear and decisive evidence of the importance of following the example and teachings of the prophet (peace and blessings be upon him) as we find in the Qur’an (please see chapter 33: 22). Scholarly differences on the degree of authenticity or interpretations of some hadiths does not mean rejection of hadith but it could be scholarly rejection of some interpretations of hadith that is allowable for healthy and objective debate which is essential for the dynamism of Islamic teachings.
Name
shakira
-
Profession
Question
How do you explain the fact that there is such thing as execution in Islam? Some people are very much against it. Even Muslims are often apologetic about some hudood that are part of the religion but are not practiced because there is no state.
How do you explain that it is in fact just like everything else in Shari`ah protects society as a whole?
Answer
Please refer to previous answers including the fact that apostasy does not fall in the category of hudood even though other scholars debate its classification.
As for protection of society, it is a matter of judgment based on differing times, places, customs and circumstances. Decision about that should be left to just authorities following due process of law in letter and spirit. Spirit of the law implies also giving the benefit of doubt, considering the consequences of any judgment and weighing the extent of harms and benefits in any particular case.
Name
Newly converted muslima
- United States
Profession
student, mother, wife
Question
As-salamu `alaikum.
If there is discrepancy in regards to how to handle apostasy in Islam then why would humans/men take it into their own hands when they could possibly be in error and kill a person? Why not leave these things up to Allah the Most Gracious, the Most Merciful? The Qur'an and the Sunnah tell us to be forgiving and maybe someone who apostatizes may come back to Islam again. It just seems to me that people who believe that they are so accurate in their interpretations would go so far as to harm someone for any reason are making Islam seem very barbaric to the non-Muslim world, ultimately doing more harm than good.
Thank you for your response.
Answer
Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.
I fully agree with you, sister, that the ultimate consequence of apostasy is in the hands of Allah, and as stated earlier, all the verses in the Qur’an that deal with apostasy speak about punishments in the hereafter, and not one deal with punishments in this life. I also agree with you that in case of crimes that do not have a specified mandatory punishments the basic thrust of Shari`ah is to allow people’s opportunity to recant and reform. For instances, even people who committed crimes such as highway robbery (hirabah) are given an opportunity in the Qur’an to give themselves up and repent before they are apprehended [5:33]. This is an indication of rehabilitative nature of Islam rather than the purely punitive one.
I also agree with you that given the situation in the world today even in other times the insistence on worldly punishment without a definitive authority (daleel) does greater harm than benefit. The Prophet (peace and blessings be upon him) refused demands by some of his companions to punish Ibn Abi Salool, a very dangerous hypocrite, who did a lot of damage to the Muslim community while claiming to be a Muslim. The reason given by the Prophet was “I am afraid that people will say that Muhammad is killing his companions”. This shows that he was keenly aware of the importance of keeping the good reputation of Islam as a religion of compassion which is a key to spread its core values and essential message to other faith communities so long as it is not a matter of prescribed mandatory punishment.
Name
Paul
- Ireland
Profession
Textile Eng.
Question
I understand that someone contemplating Islam should not be thinking of the consequences of leaving the community. However it seams to me that if infact there is a higher power he/she would not be what I imagine God to be if he/she was to condone the ending of the life of a man or women who rejects the teachings of any religion. It seams to me to be harsh and harshness is not how I imagine God. Where is the forgiveness / love / patience.
I however do not believe everyone should make up there own rules about God "to suit themselves" and leave out the bits that require sacrifice. My impression of Islam is that of a harsh belief system. Am I wrong and if I am where did I get this impression.
Would god not love a person if they rejected Islam and later became a Buddhist did no harm in the world and maybe left the world better than they found it in some way.
Answer
Wrong impression of Islam as a harsh belief system may result from misbehavior on the part of Muslims individuals or states, from very conservatives and possibly unduly harsh interpretations of some scholars, or possible misunderstanding of some of Islamic criminal punishments and its proper application which does involve a great deal of forgiveness and compassion. That should be a separate topic in itself.
In so far as what God may decide with respect to any person, apostate or otherwise, the Muslim follows what God Himself stated in His book, the Qur’an, about the negative consequence of deliberate rejection of faith in the one true universal God or rejection of His prophets and revelations. However, such a judgment about the destiny of the person, on whether the person deliberately rejected what he or she knows is the truth or whether the person is ignorant of the truth or the truth was presented in a twisted and erroneous way or whether the person was genuinely confused but sincere… in all cases that judgment is left exclusively to God, the Only being who knows even the secret thoughts of the heart to the exclusion of anyone else.
Name
Editor
-
Profession
Answer
Finally, we would like to thank Dr. Jamal Badawi for taking the time to answer the questions of IslamOnline.net viewers today, and we also thank all those who participated in this dialogue. We apologize for not being able to accommodate all the questions within the time allocated to this session. If you feel your question is very important, feel free to contact us at EngLivedialogue@islamonline.net and we will try our best to answer your question. We request our readers to join us in upcoming sessions.
