Qur'an, Hadith and Scholars:Apostasy: Difference between revisions

Qur'an, Hadith and Scholars:Apostasy (view source)

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 ===Fiqh===
+'''Maliki'''
-{{Quote|[http://bewley.virtualave.net/RisGeneral.html The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani]<BR>A Treatise on Maliki Fiqh (Including commentary from ath-Thamr ad-Dani by al-Azhari)(310/922 - 386/996)|'''40.18b. The exceptions to that rule'''
+{{Quote|The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani<BR>A Treatise on Maliki Fiqh (Including commentary from ath-Thamr ad-Dani by al-Azhari)(310/922 - 386/996)|'''37.19 Crimes against Islam'''
+.19a. Zandaqa
+A zindiq is killed and his repentance is not accepted. He is the one who conceals disbelief while making an outward display of Islam.
+[ This is a hadd punishment, not for disbelief, i.e. when he repents after we have exposed him. The legal consequences are that when he is killed for a hadd, his property goes to his heirs. An example of his repentance after being exposed is that he denies the zandaqa which is proven against him. If he admits it and does not repent, his killing is not a hadd. It is disbelief and so his property is that of an apostate and his heirs do not inherit. His property goes to the Muslim treasury. If he repents, it is not accepted. It is accepted if he comes in repentance before he is exposed. Such a person was considered a hypocrite in the time of the Prophet.]
+.19b. Sorcery
+The same is true for a sorcerer. His repentance is not accepted.
+[ He is killed without being asked to repent once he has been exposed. If he comes in repentance before he is exposed, then his repentance is accepted.]
+.19c. Apostasy
+An apostate is killed unless he repents. He is given three days to repent. The same ruling applies to a woman.
+[ Someone who recants from Islam. Apostasy is disbelief after affirming Islam. If he does not repent, he is killed. One does not execute him immediately but repentance is offered to him. If he refuses then he is killed. It is obligatory to delay execution for three days. If he repents, there is no problem. If not, he is killed after sunset on the third day. This judgement includes men and women. A pregnant woman is deferred until she gives birth.]
+    [Hashiyya: The School is that he is offered Islam every day without being punished by beating or pain or made thirsty and without threats.]
+.19d. Someone who refuses to pray
+If someone has not apostasised but affirms the prayer and yet says, "I will not pray," he is given a respite until the time of the next prayer. If he does not pray, he is killed.
+[ "I will not pray now and will pray later" or "I will not pray at all." He is still in the daruri time in which he can pray one rak'at without considering being at rest or balance or recitation of the Fatiha. This is to protect blood as much as possible. If he rises to pray, there is no problem. Otherwise he is killed with the sword immediately.]
+.19e. Refusing to pay zakat
+If someone refuses to pay zakat, it is taken from him by force.
+[ Even if it leads to fighting him, and if he dies in that, his blood is of no consequence.]
+.19f. Refusing to go on hajj
+If someone does not go on hajj, he is left to Allah.
+[ He is not threatened by death or anything else since he may not have all the preconditions for the hajj, even if that seems so outwardly.]
+.19g. Not praying out of denial
+Someone who abandons the prayer out of denial of its obligatory is like an apostate. He is asked to repent for three days. If he does not repent, he is killed.
+[ The obligatory prayer. Denial means to reject its obligatory nature. Such a person is killed for disbelief and not by a hadd. Then the funeral prayer is not said for him and he is not buried in the Muslim cemetery and there is no inheritance between him and his heirs and his property goes to the Muslim treasury.]
+    [Hashiyya: The same applies to the one who denies the obligatory nature of zakat.]
+.19h. Insulting the Messenger of Allah
+If someone curses the Messenger of Allah, may Allah bless him and grant him peace, he is killed and his repentance is not accepted. If one of the people of dhimma abuses him outside of that which constitutes his disbelief or curses Allah Almighty other than what constitutes his disbelief, he is killed unless he becomes Muslim.
+[ When he says something to deprecate him. His execution is a hadd and hence it is of no use if he repents or denies it when there is clear evidence of it. Repentance does not cancel a hadd. This is why he says that his repentance is not accepted.]
+    [The same principle applies to someone who curses one of the Prophets or one of the angels or denies one of the Books of Allah. If someone abuses someone whose prophethood is a matter of dispute, like al-Khidr, he is strongly punished but not killed.
+    Statements of dhimmis which constitutes their disbelief would be things like a Jew saying, "He is not a messenger to us, Our Messenger is Musa." Abuse beyond their intrinsic disbelief would be criticising the character of the Prophet, may Allah bless him and grant him peace. An example of that which constitutes his disbelief is saying that God is three or that He has a son.]
+.19i. Estate of an apostate
+The estate of the apostate goes to the Muslim community.
+[ It is placed in the treasury.]
+[http://bewley.virtualave.net/RisAhkam.html The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani Chapter 37 on Aisha Bewly's website]
+'''40.18b. The exceptions to that rule'''
 ''The life of a Muslim is not lawful '''unless he apostasies after belief''', commits illicit sex after he is muhsan, kills someone when it is not a case of retaliation, or engages in corruption in the earth or renounces the deen.''
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 [ The exception to this inviolability is for a legal right, which refers to the three matters which he mentioned. In property, anyone who destroys something must pay for it.
-'''The cases when taking life is permitted are indicated here. In the case of apostasy, he is asked to repent for three days.''' "Corruption in the earth" is banditry and highway robbery. Renouncing the deen is to embrace the dogma of the people of the sects about whom the Prophet, may Allah bless him and grant him peace, said, "They will pass through the deen like an arrow passes through game." In the Misbah, it goes through one side and comes out the other. ]}}
+'''The cases when taking life is permitted are indicated here. In the case of apostasy, he is asked to repent for three days.''' "Corruption in the earth" is banditry and highway robbery. Renouncing the deen is to embrace the dogma of the people of the sects about whom the Prophet, may Allah bless him and grant him peace, said, "They will pass through the deen like an arrow passes through game." In the Misbah, it goes through one side and comes out the other. ]
+[http://bewley.virtualave.net/RisGeneral.html The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani Chapter 40 on Aisha Bewly's website]
+'''1.8d. Islam and Wrong actions'''
+No Muslim becomes an unbeliever (kafir) through wrong actions.
+[It must be believed that no Muslim who commits a wrong action becomes an unbeliever as long as he believes. The same applies to someone who commits acts of disobedience while he nevertheless believes that the Shari'a forbids them. If someone does something which demonstrates that he lacks belief, like throwing a copy of the Qur'an into the rubbish, then he is an apostate...]
+[http://bewley.virtualave.net/Riscreeds.html The Risala of 'Abdullah ibn Abi Zayd al-Qayrawani Chapter 1 on Aisha Bewly's website]}}
+'''Shafi'''
 {{Quote|[http://www.shafiifiqh.com/maktabah/relianceoftraveller.pdf Reliance of the Traveller: A Classic Manual of Islamic Sacred Law]<BR>Ahmad ibn Naqib al-Misri, Edited and Translated by Nuh Ha Mim Keller (p. 595)|2='''o8.1''' When a person who has reached puberty and is sane voluntarily apostatizes from Islam, he deserves to be killed…