Question
As-salam ‘alaykum,
Dear Dr. Shafaat,
I visited your site. There is a lot of valuable
information available in your site. I have many queries regarding Islam that
trouble my mind. I would be much grateful to you if you could answer those
queries. To start with, I have much trouble understanding the punishment of
apostasy. Do you believe that the punishment of apostasy is death according to
Islam? Is this not against the freedom for an individual to adopt any faith?
Please explain.
Thanks.
Regards,
Mohd.
Answer
Wa 'alaykum al-salam! Thank you for your email. The
fact that you have many queries suggests that you think and reflect about
Islamic teachings. This is wonderful, since the Book of God instructs us to do
such thinking and reflection. I would insha` allah
answer your questions according to the ability God grants me.
The question you have raised about the punishment
of apostasy in Islam, like any other question related to Islam, needs to be
answered in the light of the Qur`an and the authentic ahadith. I repeat this
well-known principle here because many Muslims, even scholars are often
influenced by some extraneous considerations in arriving at their Islamic
opinions. Thus some reject the death penalty for apostasy out of a desire to
“improve” the image of Islam among non-Muslims. Others, on the other hand,
insist on that penalty out of a concern that rejection of the penalty will
encourage apostasy. There are also some who are influenced by a tendency to
stick to traditional views no matter what. At some point the death penalty for
apostasy was widely accepted among Muslims and many of us feel that what our
earlier generations accepted must be correct and must be accepted
by us also. Since such extraneous influences can mislead us, let us first try
to free our minds from them.
The desire to
“improve” the image of Islam among non-Muslims
Most of the negative imaging of Islam is done by a
relatively small minority of Christians and Jews and those writers and
reporters who are under their power. These people are not going to simply stop
if we rejected the death penalty for apostasy. They will just find something
else to paint Islam negatively. The only way they can stop is if the challenge
of Islam is removed and Muslims start behaving like them. The Holy Qur`an talks
about such Jews and Christians when it says:
Neither the Jews nor the Christians will be pleased
with you (O Muhammad) till you follow their
millah.
Say: “Surely, the guidance of God is the (true) guidance”. And if you were to
follow their desires after what has come to you of knowledge, then you would
not have any protector or helper against God. (2:120)
Here by “Jews and Christians” the Holy Qur`an does
not mean “all Jews and Christians”, since elsewhere it says “they are
not all alike” (3:113). What is meant in the above verse is that some or
many Jews and Christians will not be pleased with you till you become like
them. It is also relevant to note that the Holy Qur`an tells us that we should expect
a lot of negative, hurtful, talk from some Jews, Christians, and other
non-Muslims:
You shall certainly be tried and tested in your
possessions and persons and you shall certainly hear from the people
given the book before you and those who associate partners with God much
grieving talk. But if you are steadfast and disciplined, then that is of
the (required) resolve in affairs. (3:186)
Consequently, let us not even think about rejecting
or accepting something as Islamic only in order to “improve” the image of Islam
among non-Muslims. Islam as taught by God and the Messenger is beautiful and
the best way to improve the image of Islam is to understand it properly and
then represent it faithfully.
Concern that
doing away with the death penalty may encourage apostasy
This attitude views rejection of the death penalty
for apostasy as being soft on apostasy. But it misses the point that God, who
knows everything in the heavens and the earth, and his Messenger who is guided
by him, know the best way to protect Islam and Muslims. In the Holy Qur`an God
tells the Prophet to say:
“Do you inform God of that which he knows not in the
heavens and the earth?” (10:18;
see also
13:22).
In their context these words are addressed to the
non-believers who worship some beings other than God in the hope that they will
act as intercessors before God. But the words are clearly applicable each time
we try to ignore what God has sent down and start making Islamic rules on the
basis of some other considerations, even if it be for the “good” of Islam and
Muslims.
But is the death penalty for apostasy really “good”
for Islam and Muslims? Does it prevent apostasy? The death penalty may indeed
discourage some from apostasy, but it would also encourage hypocrisy. And is it
really better to have a lot of hypocrites among Muslims than to have a lot of
apostates?
Muslims generally do not leave their religion. In
recent times the number of Muslims converting to Christianity has increased but
that is because: a) Christians have power and wealth which they use in very
aggressive missionary effort; b) Muslims have fallen into ignorance and poverty
due to the ineffective leadership of our `umara`
and ‘ulama`. Consequently, the best
way to reduce apostasy is to increase knowledge of Islam and to combat poverty,
ignorance and other problems that plague the Muslim world.
Tendency to
stick to the traditional views
If some Muslims insist on the death penalty for
apostasy out of a concern to discourage apostasy, others do so simply because
of a tendency to cling to traditional views no matter how much evidence exists
against them. This attitude is un-Qur`an since the Book of God says:
When it is said to them: “Follow what God has sent
down,” they say, “Nay! We shall follow what we found our fathers following.”
What! Even if their fathers did not understand (ya‘qilun) anything and
they were not guided? (2:170)
And when it is said to them: “Come to what God has
sent down and to the Messenger,” they say, “Enough for us is that which we
found our fathers following.” What! Even if their fathers did not know anything
and they were not guided? (5:104; see also 43:23-24)
The tendency to follow without thinking the ideas
passed on by earlier generations is what misled many Jews and Christians, as we
learn from the following verse:
Say (O Prophet): “O people of the book! Exceed not
the limits in your religion ignoring the truth, and do not follow the vain
desires of people who went astray before and who misled many, straying from
right path. (5:77)
It is true that these verses are addressed to
non-Muslims, but there is no reason to think that the attitude condemned here
cannot be found among Muslims. Every error that was or is committed by non-Muslims
can be and is committed by some Muslims also and therefore what the Qur`an says
to non-Muslims also has a message for us.
Hence let us not be overly influenced by the fact
that the death penalty for apostasy has been held to be Islamic by a majority
of people in many previous generations of Muslims. Let us examine the evidence
of the Qur`an and the authentic ahadith and then reach a decision. Some will
say that the previous generations of Muslims also reached their decisions on
the basis of the Qur`an and the authentic ahadith. This is true but if this
means that the majority in previous generations could not be wrong, then that
is precisely the sort of attitude that the Qur`an is condemning in the above
verses.
If we turn to the Qur`an and authentic ahadith
after freeing ourselves from the extraneous influences of the type I have
mentioned above, the situation becomes crystal clear: there is no legal
punishment for apostasy in Islam, whether death or any other. The Qur`an and
authentic ahadith teach us to treat apostates like other kuffar, whose treatment
varies from kindness to killing depending on the circumstances and on the
degree of hostility they show towards Islam and Muslims. I will insha allah
present evidence for this view in two parts. In this first part, I will insha
allah show that the death penalty or any other legal punishment for apostasy is
contrary to the Qur`an. And in the second part I examine the ahadith about
apostasy and show with God’s permission that those ahadith that prescribe the
death penalty do not come from the mouth of our and God’s beloved Prophet (may
God bless and honor him evermore).
WHAT IS APOSTASY?
Before discussing the question of punishment of
apostasy, it is well to define what apostasy is.
A person commits apostasy (irtidad) or becomes an
apostate (murtadd) if he describes
himself a Muslim and then at a later time takes one of the following actions in
a public way:
1) Converts to another religion, e.g. becomes a
Christian or Buddhist or Baha`i etc.
2) Rejects a part of the Qur`an after recognizing
it to be a part of the Qur`an. For example, all those “Muslims” who opposed the
Shari‘ah-based arbitration in family and business disputes in Ontario[1] have
become apostates if they knew well that a great part of the Shari‘ah
that they opposed is based on the Qur`an. May Allah guide them back to Islam.
3) In some cases when the whole ummah agrees that a
certain interpretation of some Qur`anic verses or ahadith is unacceptable, then
the person who holds such an interpretation may become an apostate by a
decision of the ummah. For example, Ahmadis insist on being called Muslims and
they indeed profess and practice much of Islam like most Sunni Muslims. But
they believe that Mirza Ghulam Ahmad of Qadiyan in the British colonial India
was a prophet and in order to prepare room for this belief they interpret khatm nubuwwah in a way different from
the rest of the ummah.. The ummah has rejected their interpretation of khatm nubuwwah and Mirza’s claims for which this interpretation
is devised. The ummah has also declared this group as non-Muslims and banned
their entry into Makkah. Finally, the falsehood of Mirza’s claims has been
proved by history[2].
Consequently, all converts from Islam to Ahmadism are apostates.
Normally, however, having an interpretation of a
part of the Qur`an or Hadith different from the one held by other Muslims does
not result in apostasy. For example, if the people who rejected Shari‘ah-based
arbitration in Ontario would have said that the way rules of Shari‘ah are
interpreted and applied is not faithful to the teachings of God and his
Messenger and argued for more discussion about correcting the interpretation
and the application before adopting Shari‘ah-based arbitration, they would not
have committed apostasy. But they opposed Shari‘ah
as such and for this reason they should be considered apostates.
An apostate is different from a hypocrite (munafiq).
A hypocrite is a person who is outwardly willing to say/do what a Muslim
says/does but in his heart has decided not to believe in Islam. An apostate, in
contrast, is someone who openly and knowingly does or says something that makes
him a non-Muslim after he had called himself a Muslim.
It also needs to be pointed out that we should
distinguish apostasy from a state of kufr
that many Muslims may privately pass through during the process of their growth
towards the state of iman. In most Muslim families we have some
members who express disbelief about the existence of God or about divine
revelations or about the hereafter. Muslims have wisely and correctly tolerated
such disbelief because they recognize that the way to iman is not always smooth
and may pass through doubts and confusion (cf. Qur`an 6:76-79, 93:7). However,
if a Muslim expresses his disbelief in the form of a declared position and
insists on its truth publicly, then he will be considered an apostate.
THE ABSENCE FROM THE QUR`AN OF ANY PENALTY FOR
APOSTASY
It is a significant fact that the Book of God does
not prescribe any punishment for apostasy. Many Muslims would immediately say,
The Qur`an does not tell us everything. We need to go to the Hadith to find
guidance on matters not touched by the Qur`an. But while this is true of
matters of detail, this is not true of fundamental issues. God knew that while
the Qur`an would be preserved faithfully, the authenticity of ahadith will
remain subject to doubts in most cases. Therefore, he would make sure that all
the basic teachings would be included in the Qur`an while leaving some details
to ahadith so that the size of the Qur`anic text remains manageable for
memorization. Looked in this way the absence in the Qur`an of any punishment
for apostasy becomes very significant.
The punishment for apostasy is not a detail that we
can expect God to leave for ahadith, especially if that punishment is death,
since taking the life of a person, if done without a just cause, is regarded by
the Qur`an as tantamount to killing all human beings (5:32). Even lesser
penalties for theft (cutting of hands, 5:38),
illicit sexual intercourse (100 lashes, 24:2), and unsubstantiated accusation
of adultery (80 lashes, 24.4) were not considered by God as matters of details
to be left to the ahadith. Therefore there is no reason why God would consider
the more serious penalty of death for a more serious sin of apostasy as a
matter of detail to be left to ahadith.
It is also significant that the Qur`an refers to
apostasy several times (2:217, 3:86-90, 4:137, 9:66, 9:74, 16:106-109, 4:88-91,
47:25-27) and yet does not prescribe any punishment for it. Had the Qur`an not
mentioned apostasy at all, we could have perhaps argued that there was no
occasion for the Qur`anic revelation to deal with this subject and it was
therefore left for the Holy Prophet to deal with. It may also be noted that
almost all the verses that refer to apostasy are found in surahs said to be
belonging to the Madinan period when the Islamic state had been established and
penalties for crimes could be prescribed and applied. Only 16:106-109 appears
in a surah identified as Makkan.
It is thus a natural conclusion to draw that the absence
of any legal penalty for apostasy in the Qur`an means that God never intended
any such penalty to become part of Islamic Shari‘ah.
THE DEATH PENALTY FOR APOSTASY CONFLICTS WITH THE
QUR`AN
The evidence against any legally prescribed penalty
for apostasy in Islam does not rest only on the fact that the Qur`an does not
prescribe any such penalty while referring to the subject of apostasy many
times. We can go further and state that:
a)
There
is no mandatory death penalty in the Qur`an for any crime.
b) The death penalty for apostasy in fact conflicts
with the Qur`an.
The truth of the above statements can be seen by
examining the verses: 5:32-33, 45, 2:178 and 4:88-91.
Qur`an 5:32-33, 45, 2:178
In 5:32,
after relating the story of the murder of Habil by his brother Qabil, God says:
On that account We ordained for the Children of
Israel that if any one slew a person - unless it be for murder or for spreading
mischief in the land - it would be as if he slew the whole humanity: and if any
one saved a life, it would be as if he saved the whole humanity. Then although
there came to them Our Messengers with clear (guidance), yet, even after that,
many of them continued to commit excesses in the land. (5:32)
In the context of an emphasis on preserving the
life of each and every individual the above verse mentions only two crimes for
which a person can be killed:
1)
Murdering
another human being;
2)
Spreading
mischief (fasad) in the land.
Nowhere else the Qur`an mentions any other crime
for which the death penalty is considered. There are, of course, verses that
mention killing during a war in the way of God. But that is different from killing
as a penalty for a crime. Moreover, in the Qur`anic understanding the objective
of even killing in a war is to stop or punish crimes similar to the two
mentioned in the above verse -- violence and mischief -- when committed in an
organized way by a tribe or nation ((2:191-193, 2:217, 4:88-91 etc)).
Hence the above-mentioned two crimes exhaust all
possible cases for which the Qur`an considers the death penalty[3]. And
in both of these cases, the death penalty is not mandatory in the Qur`an.
In case of spreading mischief in the land, the
Qur`an says in the next verse:
The recompense for those who wage war against God and
his Messenger[4], and strive
with might and main for mischief through the land[5] is:
execution, or crucifixion, or the cutting off of hands and feet from opposite
sides, or exile from the land. That is their disgrace in this world, and for
them in the hereafter is a severe punishment. (5:33)
There is no prescribed mandatory death penalty
here. Even when the person wages war against God and his Messenger along with
striving in the land for mischief, death is considered only one of several
options, starting from exile. If such is the case with persons who wage war
against God and his Messenger and actively seek to spread mischief in the land,
then the question of death as a prescribed penalty for an apostate who
continues to lead a peaceful life after his sin of apostasy can hardly arise
within a Qur`anic perspective.
A little later in the same surah, al-Ma`idah, the Qur`an deals with the other
crime – murdering another human being -- for which death penalty can be applied:
And We ordained for them in [the Torah]: “Person for
person, eye for eye, nose for nose, ear for ear, tooth for tooth, and wounds
equal for equal.” But if anyone remits the retaliation as charity, it shall be
an expiation for him. And whoever does not judge by what God has sent down, such
are the transgressors (zalimun)[6]. (5:45)
The above verse refers to what God commanded the
Jews through the Torah, but in the following verse the Qur`an gives a more
balanced law to the Muslims:
O you who believe! Retaliation is prescribed for you
in the matter of the slain, the free for the free, and the slave for the slave,
and the female for the female. But if one (who killed) is forgiven by the
brother of (the one killed) against ransom, there should be follow up in fairness
and payment to the heir in handsome gratitude. This is a concession from your
Lord and a mercy (from him). Then whoever exceeds the limit (of the ransom
agreement) after this he shall have a painful chastisement. (2:178)
Again there is no mandatory death penalty. If
the relatives of the murdered person accept ransom, the death penalty can be
removed.
Hence: a) there is no mandatory death penalty in
the Qur`an for any crime; and b) since the Qur`an does not prescribe the death
penalty even for crimes more serious than simple apostasy, death penalty for
apostasy as such has no place within the Qur`anic perspective.
Qur`an
4:88-91
The four verses, 4:88-91, when carefully examined,
also show that the Qur`anic perspective conflicts with the death penalty for
apostasy. The first two verses state:
Then what is the matter with you that you are divided
into two groups regarding the hypocrites? God has cast them backward (arkasa) because of what they have earned.
Do you want to guide him whom God has made to go astray? And he whom God has
made to go astray, you will not find for him any way. They wish that you reject
faith as they have done, so that you all become the same. So take not
protectors/friends from them till they emigrate in the way of God. But if they
turn away, seize them and kill them wherever you find them, and take neither
protectors/friends from them nor helpers. (4:88-89)
This passage begins by talking about hypocrites,
that is, people who had declared themselves Muslims but in their hearts had
decided not to believe in the teachings of Islam. The demand that they should
do hijrah fi sabil
allah (emigrate for the sake of
God) shows that they are not the hypocrites of Madinah but are living among
non-Muslims in Makkah and possibly elsewhere. Verse 98 of the same surah shows
that these people were not doing hijrah
despite the fact that they were able to. The reason for their not doing hijrah was their hypocrisy. Makkan
non-believers who had persecuted Muslims for years, would not have tolerated in
their midst any true Muslims. They would have accepted among them only those “Muslims”
who had stopped taking their “islam” seriously and felt more comfortable among
non-believers, hostile to Islam, than among Muslims. These hypocrites pretended
to be Muslims because they wanted to be secure from both sides (see 4:91). And
Makkan non-believers did not force them to publicly renounce their “islam”
because they found them useful for gathering information about Muslims or for
some other subversive actions against the ummah.
In order to defeat these hypocrites in their game
and force them to clearly choose between Islam and kufr, God commanded them to do hijrah.
Their obedience to this command meant that they had chosen Islam and their disobedience
meant that they had chosen kufr.
Those who chose kufr in this way became
apostates, since previously they called themselves Muslims. Thus the verses are
a source of guidance for us regarding the way the apostates are to be treated.
At first sight the words “seize them and kill them
wherever you find them” would suggest that they are to be killed. But this is
quickly seen to be wrong if we read the next two verses:
Except those who join a group between you and whom
there is a (peace-) treaty or those who approach you with their hearts
restraining them from fighting you or fighting their own people. Had God willed he would have given them
power over you and they would have fought you. So
if they withdraw from you and do not fight you but give you (guarantees
of) peace, then God has opened no way for you against them.
You will find others that wish to gain your confidence as well as that of
their people. Every time they are sent back to temptation they give in to it.
If they do not withdraw from you nor give you (guarantees) of peace, nor
restrain their hands, seize them and kill them, wherever you find them. In
their case We have provided you with a clear warrant against them. (4:90-91).
These
verses clarify the command “seize them and kill them”. The apostates who
rejected Islam by failing to emigrate as commanded by God are divided into
three categories:
1)
Those who ally themselves with a
group with whom Muslims have a peace treaty;
2)
Those who want to keep neutrality,
committing themselves to peace with both the Muslims and their own people who
had not accepted Islam;
3)
Those who provide no real guarantee
of peace to Muslims and by all indications ally themselves with non-believers engaged
in hostilities towards Islam.
The
first two types of apostates are to be left in peace while the third one is to
be treated like any non-believers in a state of war: they are to be seized and
killed wherever they are found. Notice that the Qur`an uses the words “God has opened no way for you against them”
in connection with the apostates of the first two types. This means that the
Qur`an actually prohibits killing those apostates who want to live in peaceful
terms with the Muslims.
Thus according to the Qur`an the apostates are to be
treated like other kuffar: If they want to live in peace with
the Muslims, they are to be left in peace and if they assume a hostile
attitude, then they are to be treated accordingly.
Additional
Evidence
There are some other Qur`anic verses that, although
not as conclusive as those discussed above, nevertheless reveal a perspective
that is at odds with a legal penalty for apostasy. Thus the Qur`an is very emphatic
that victory belongs to truth. It says:
“Truth has come and falsehood has vanished. Surely,
falsehood was bound to vanish” (17:81)
“Nay, We fling the truth against falsehood and it
destroys it and behold it then vanishes” (21:18)
In other passages it predicts the victory of Islam
because it is the religion of truth:
He it is who has sent his Messenger with guidance and
the religion of truth that he may make it prevail over all (corrupted expressions
of) religion (48:28; see also
9:32-33,
61:8-9).
These verses show that the Qur`an is founded on a
complete confidence in the validity of the following three principles:
1.
Truth
is bound to win over falsehood.
2.
Islam
is founded on truth.
3.
Islam
will therefore prevail.
Within this perspective Islam has no need for
keeping people under its fold at pain of death. Such measures befit those
systems that are essentially built on falsehood because that is the only way
their followers can hope to slow down their inevitable march to defeat and
disappearance. For a “religion of truth” it is more advantageous if people are
free to examine ideas and then choose the religion or ideology or system they
want. This is why the Qur`an establishes the following famous principle:
There is no compulsion in religion. Right has become
distinct from wrong. So whoever rejects evil and puts
faith in God has grasped the most trustworthy hand-hold that never breaks. And God
is hearing, knowing. (2:256)
This verse is usually understood to mean that
people cannot be compelled to become Muslims but they can be compelled to stay
Muslims. But the words, “no compulsion in religion” are very general. They
should apply equally to entering or leaving any religion, including Islam. One may
try to argue against this general understanding of the verse as follows:
A person cannot be compelled to enter Islam but a
person who is a Muslim is subject to the laws of Islam and those laws require
death for leaving Islam.
This argument would have had force only if
we are able to establish that the Qur`an prescribes the death penalty for
apostasy like it prescribes penalties for theft, zina` etc. But in the absence of any such prescription, we must
take the words “no compulsion in religion” in their general sense and
understand them to be applicable for both entering and leaving Islam[7].
Moreover, apostasy is a move from islam to kufr. But what if we cannot establish the islam of a person? For example, consider a person born in a Muslim
family who at one point described himself as a Muslim according to custom
but he never really believed in Islam. If he then renounces Islam, is he really
moving from islam to kufr? Is he really bound by the laws of
Islam considering that he never really made a choice to live by them?
From the confident conviction that the message of
the Qur`an is based on truth and therefore will prevail, comes also the
Qur`anic condemnation of fitnah, persecuting people for their
religion, which is described as worse than killing in battle:
And fight in the way of God those who fight you but
do not transgress due limits … al-fitnah
is worse than killing (in battle). … Fight them till there is no
fitnah and the religion is for God
(alone) (2:191-193; see also 2:217).
These verses refer to the fighting that the
non-believers were waging against the Prophet and his followers. This fighting
was part of their fitnah or
persecution of Muslims, aimed at suppressing the Islamic movement. The verses
commanded the Muslims to fight back because fitnah
is worse than killing in battle and so they should choose the lesser of the two
evils. The fighting should continue till there is no more fitnah and the religion is for God. The words “the religion is for
God (alone)” are closely related to “there is no more fitnah” and mean that the choice of religion is a matter between a
person and God and not to be determined by force. Contrary to what some
commentators suggest the words do not mean, “till everyone accepts Islam”
because it is definitely known that the Prophet made peace with many tribes
even though they had not accepted Islam (see e.g. 4:90 discussed earlier) and
because the Qur`an explicitly states that when the non-believing opponents
incline to peace the Prophet should do the same (8:61).
That the death penalty for apostasy conflicts with
the Qur`anic perspective is also shown by those verses in which it is stated that
the Messenger came not as a watcher over people but only as one who clearly
declares the truth: 5:92, 99, 13:40, 16:35, 82, 24:54, 29:18, 36:17, 42:48, 64:12.
Significantly, the first of these verses is addressed to the believers, since
it is after explicitly addressing the believers and giving to them some
laws (5:90-91) that the verse says:
“And obey God and obey the Messenger and beware (and
fear God). Then if you turn away, know that our Messenger’s duty is to simply
convey (the message) clearly. (5:92)
The Qur`an then continues addressing believers, giving
some further regulations, and then says again:
On our Messenger there is no obligation but conveying
(the message). And God knows what you reveal and what you conceal (5:99)
In 5:92 and 99 the Muslims are not told that if you
turn away then death penalty awaits you but rather they are told that the
Messenger has done his duty by conveying the message to you and now it is up to
you whether you want to stay faithful to him or whether you want to turn away
from him[8].
DEALING WITH APOSTASY
As observed above the Qur`an expects us to deal
with apostates like other kuffar. Therefore the Qur`anic guidance for
dealing with the apostates is essentially the same as its guidance for dealing
with other kuffar. Briefly, this guidance is that we should treat them according to
the degree of friendship or hostility they show to Islam and Muslims. To
translate this into more specific guidance we can divide apostates in three
categories and see how each category is to be treated:
1) An apostate
leaves Islam because of ignorance of Islam or some confusion that leads him to think
that his new religion or way is truer and better. Such a person will be willing
to listen to the Muslims if they want to show him that he has made a mistake. The
Muslims should treat him kindly and argue with him in the best possible way.
(60:8, 16:125). But Muslims should be careful not to show him more kindness
than they show to other Muslims, for, otherwise the apostate may be encouraged
to stay an apostate.
2) An apostate leaves Islam, not out of a belief
that he is moving to something truer and better, but to satisfy some of his
worldly desires, e. g., to get greater importance or more comfortable life or
greater acceptance of his lifestyle such as homosexual lifestyle. A sign of
such an apostate is that he shows little inclination to listen to any reasoning.
If such an apostate does not engage in any hostile activity against Islam and
Muslims, he should not be subjected to any active hostility (4:90). But since
he has clearly preferred kufr over iman
the following commandment of God will apply:
O you who believe! Do not take for friends and allies
(even) your fathers and your brothers if they love disbelief more than faith:
if any of you do so, they are the wrong doers. (9:23)
According to some traditions “this ayah
was revealed concerning those nine men who after apostasy went to Makkah”.
(Panipati, Tafsir Mazhari)
Beyond avoiding friendship and alliance with
apostates of this second type, the Muslims can impose boycott against them, since
such boycott was imposed by the Prophet on the three Companions mentioned in 9:118.
These three Companions did not commit apostasy but simply failed to join the
Muslims in jihad without a good reason.
3) The third type of apostate is one who leaves
Islam and then engages in hostile actions against Islam and Muslims, e.g.
knowingly engages in propaganda against Islam and Muslims blatantly ignoring
facts that he is expected to know well, passes secrets to the enemy, takes part
in fighting against the Muslims. Such an apostate can be punished by anything
from exile to death.
And God knows better!
APPENDIX
Here we
reproduce the Qur`anic verses about apostasy that have not been already
discussed:
2:17 They ask you about fighting in the sacred
month. Say: “Fighting therein is a great (offence); but preventing (people)
from following the way of God, denying him, preventing access to the Sacred Masjid,
and driving out its people is a greater (offence) and al-fitnah (oppression) is worse than killing (in battle).” And they
will not cease fighting you until they turn you back from your religion if they
can. And if anyone among you turns back from his religion and dies as a
disbeliever, then the works of such as these will be lost in this life and in
the hereafter they will be the dwellers of the fire, abiding therein forever.
3:86 How shall God guide those who
reject faith after their belief and after they bore witness that the Messenger
was true and after clear (signs) had come unto them? God guides not unjust
people.
3:87 They are those whose recompense
is that on them (rests) the curse of God, of the angels, and of all humankind.
3:88 They will abide therein. Their
torment will not be lightened and they will not be given any respite -
3:89 Except for those that repent
after that, and make amends (by righteous deeds), for, verily God is forgiving,
most merciful.
3:90 But surely those who disbelieved
after their belief and then went on increasing in their disbelief, never will
their repentance be accepted; for they are those who have gone astray.
4:137 Surely those who believe, then
disbelieve, then believe (again) and (again) disbelieve, and go on increasing
in disbelief, God will not forgive them nor guide them nor guide them on the
way.
9:66 Make no excuses. You have disbelieved
after your belief. If We pardon some of you, We (may) punish others amongst
you, for they are guilty.
9:74 They swear by God that they did
not say, but they did say the word of disbelief and they disbelieved after their
islam and meditated a plot which they were unable to carry out. And (by this)
they avenged nothing except that God and his Messenger had enriched them of his
bounty! If they repent, it will be better for them; but if they turn away, God
will punish them with a grievous penalty in this world and in the hereafter.
And there is none for them on earth as a protector or helper.
16:106 Whoever disbelieved in God
after his belief – not he who is forced to do so while his heart is content
with faith but he who opens his breast to disbelief - on such wrath from God,
and theirs will be a great torment.
16:107 This is because they loved
the life of this world more than the hereafter and God does not guide those who
disbelieve.
16:108 They are those upon whose
hearts, ears, and eyes God has set a seal, and they are heedless.
16:109 No doubt, in the hereafter
they will be losers.
47:25 Surely those who have turned
back (to their state of kufr) after the
guidance was made manifest to them, Shaytan
has enticed them and filled them with false hopes.
47:26 This is because they said to
those who hate what God has revealed: "We will obey you in part of the
matter”. But God knows their secrets.
47:27 Then how (will it be) when the
angels take their souls at death, smiting their faces and their backs?
[1] This
refers to a decision made by the government of Ontario, Canada, to allow
Muslims to settle family and business disputes according to the Shari‘ah, just
as the Jews and Christians had been allowed for years to settle similar
disputes according to their laws and traditions. But even though the decisions
made by the Shari‘ah arbitration were subject to approval by the Ontario courts
and going to the arbitration was completely voluntary, there was great hue and cry against the idea
of Shari‘ah arbitration. The most negative role was played by some “Muslims”
who did not want anything to do with
Shari‘ah
under any shape or form. Finally, the
Ontario
government decided to do away with all faith-based arbitration.
[2] Mirza
seems to have been encouraged if not produced by the British colonialists,
whose hatred of Islam and practice of subversive and divisive activities among
Muslims is well known. Their role in creating two of the world’s most dangerous
problems – the Israeli problem and the
Kashmir
problem – and their recent invasion of
Iraq as junior partners of the
USA war machine
are manifestations of the same tendencies among their ruling class.
Mirza’s claims
changed over time and he finally settled for the claim that he was both the
returned Jesus (may peace be upon him) and Imam Mahdi. These claims have been
proved false because Mirza died without achieving any of the main things that
Imam Mahdi or the returned Prophet Jesus is expected to do in his lifetime,
regardless of whether we refer to Jewish or Christian or Islamic expectations.
[3] Some
scholars would assert that even when a Qur`anic list is exhaustive, the Hadith
can add new items to the list. For example, in
4:23-24 the Qur`an lists the categories of women with whom
marriage is prohibited. After giving the list the Qur`an explicitly says: “All
other women are lawful” for marriage. However, there is widespread consensus
among scholars on another prohibition: marriage at the same time with a woman
and her maternal or paternal aunt. This prohibition is supported by a hadith.
But: 1) there are grounds for raising reasonable doubt about the authenticity
of this hadith (see my book, Punishment for
Adultery in Islam: A Detailed Examination, Chapter 1, Note 5,
www.islamicperspective.com); 2)
even if the hadith is authentic, prohibition of marriage with a woman and her
aunt is a minor detail and is not to be compared with taking the life of a
person.
[4] This
is applicable equally to those who rebel against a properly constituted Islamic
state as to those rulers who force people to disobey the laws of God, e.g. by
prohibiting the wearing of hijab or jailing or torturing or executing people
for criticising the rulers in the light of Islamic teachings. If Islamic forces
get upper hand on such rulers they can be exiled, maimed, crucified or
otherwise executed.
[5] This
is applicable not only to highway robbers and other armed criminals but also to
rulers who by their repressive rule cause corruption in the land and betray
Islamic causes.
[6]
This verse provides an illustration
of the fact that even when the Qur`an explcitly refers to an earlier tradition
it improves it. The provision and encouragement to forgive by not retaliating
or by accepting ransom is not found in the extant Torah tradition, which only
talks of retaliation. See Exodus 21:23-25, Leveticus 24:20 and Deutronomy
19:21. This last passage in fact says: “Show no pity”.
[7] Some
Muslims understand the words “there is no compulsion in religion” to mean that
even Muslims cannot be obliged to follow the laws of Islam. This is an error.
The freedom given in the Qur`an is the freedom to choose a religion. But once a
religion has been chosen, a person can be obliged to follow some of its laws (5:43, 47). In particular, once a
person has freely chosen to accept Islam, he or she can and in some cases must
be obliged to follow its laws. This is similar to the way a person who freely
enters a country is obliged to follow the laws of that country.
[8] Here the reader should once again avoid
confusion by recalling what was said in the previous note (7).