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Qur'an, Hadith and Scholars:Apostasy: Difference between revisions
Qur'an, Hadith and Scholars:Apostasy (view source)
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In such a case, it is obligatory for the caliph (A: or his representive) to ask him to repent | In such a case, it is obligatory for the caliph (A: or his representive) to ask him to repent and return to Islam. If he does, it is accepted from him, but if he refuses, he is immediately killed. | ||
and return to Islam. If he does, it is accepted from him, but if he refuses, he is immediately killed. | |||
O8.3 | O8.3 | ||
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-5- nor is retaliation permissible to a descendant for (A: his ancestor's) killing someone whose death would otherwise entitle the descendant to retaliate, such as when his father kills his mother.}} | -5- nor is retaliation permissible to a descendant for (A: his ancestor's) killing someone whose death would otherwise entitle the descendant to retaliate, such as when his father kills his mother.}} | ||
Shafi`i teaching is also given by Nawawi in his book Minhaj-at-Talibin which is a standard work in Egypt, South India, Malaysia, and Indonesia. Nawawi defines apostasy as follows: | |||
{{Quote|[http://therationaliser.blogspot.co.uk/2014/07/apostasy-in-islam.html Minhaj at talibin] by Nawawi<BR>Mostly also available [http://www.somalimission.org/en/articles/143-islam here]|'''Definiton of apostasy''' | |||
Page 436: the abjuration of Islam either mentally or by words, or by acts incompatible with faith. As to oral abjuration it matters little whether the words are said in joke or through a sprit of contradiction or in good faith. Before such words can be considered as a sign of apostasy they must contain a precise declaration | |||
That one does not believe in the existence of the Creator, or of his Apostles; or | |||
That Muhammad, or one of the other apostles, is an impostor; or | |||
That one considers lawful what is strictly forbidden by the ijmaa; or | |||
The one considered to be forbidden what is lawful according to the ijmaa | |||
That one is not obliged to follow the precepts of the ijmaa, as well positive as negative; or | |||
That one intends shortly to change one's religion; or that one has doubts upon the subject of the truth of Islam etc. | |||
Page 436: As to acts, these are not considered to be incompatible with faith, unless they show a clear indication of a mockery or denial of religion. Throwing the Quran upon a muck heap, prostrating oneself before an idol, or worshipping the sun. | |||
Page 69: A sane adult Moslem who refuses to pray and dénies the obligation is an apostate and punishable as such ; even if he has merely neglected prayer through laziness, without denying its obligation, he is none the less punishable with death. | |||
Page 241: By the fact of being born of Moslem parents, even though only one of them may bave been Moslem at the moment of the child's conception. If such a child, after attaining majority becomes an infidel, he must be regarded and punished as an apostate | |||
'''Punishment:''' | |||
Page 437: An attempt should be made to induce the apostate to return from his or her errors; though, according to one authority, this is only a commendable proceeding. The exhortation should take place immediately, or, according to one jurist, in the first three days; and if it is of no effect, '''the guilty man or woman should be put to death.''' | |||
Page 523: Where, after execution of a death penalty, either under the law of talion, or for apostasy, or even by stoning or whipping, the witnesses déclare that they hâve made a false declaration, intentionally, against the executed person, they are punishable either with death under the law of talion, or with payment of the price of blood on the higher scale | |||
Page 69: '''Capital punishment is liable to be incurred by the omission of even one single prescribed prayer''', the moment its time is passed, if done designedly and without ofïering any excuse. One should begin by exhorting the culprit to repentance, and if this be unavailing strike him upon the neck. Some authorities prefer that he should be pricked with a sharp instrument until he either prays or dies.}} | |||
Nawawi continues on the subject of an apostate's property and someone who insults Muhammad or another prophet: | |||
{{Quote|[http://www.somalimission.org/en/articles/143-islam Minhaj-at-Talibin] by Nawawi|2=As to the ownership of the property of an apostate dead in impenitence, it remains in suspense, i.e. the law considers it as lost from the moment of abjuration of the faith; but in case of repentance it is considered never to have been lost. However, there are several other theories upon the subject, though all authorities agree that debts contracted before apostasy, as well as the personal maintenance of the apostate during the period of exhortation, are charges upon the estate. It is the same with any damages due in consequence of pecuniary prejudice caused to other persons, the maintenance of his wives, whose marriage remains in suspense, and the maintenance of his descendant or descendants. Where it is admitted that ownership remains in suspense, the same principle must be applied to dispositions subsequent to apostasy, in so far as they are capable of being suspended, such as enfranchisement by will, and legacies, which all remain intact where the exhortation is successful, though not otherwise. On the other hand, dispositions which, by their very nature, do not admit of such suspension, such as sale, pledging, gift, and enfranchisement by contract, are null and void ab initio, though Shafi`i, in his first period, wished to leave them in suspense. All authorities, however, are agreed that an apostate's property may in no case be left at his disposition, but must be deposited in charge of some person of irreproachable character. But a female slave may not be so entrusted to a man; she must be entrusted to some trustworthy woman. An apostate's property must be leased out, and it is to the court that the slave undergoing enfranchisement by contract should make his periodical payments. | |||
'''Someone who slanders Muhammad or insults one of the prophets of Islam is killed without being given the chance of repentance.'''}} | |||
{{Quote|[http://www.light-of-life.com/eng/ilaw/l5721et1.htm#p19 The Case of the Female Apostate]<BR>'Abdurrahmani'l-Djaziri, The Penalties for Apostasy in Islam According to the Four Schools of Islamic Law (p. 19)|The Shafi´ites, Hanbalites and Malikites say: The verdict for the female apostate is the same as for the male. She must be called on to return to Islam for three days, prior to her death, for an evil-doer may have confused her understanding; thus the possibility exists for her being released from her confusion. Offering the apostate a time limit for repentance has been approved. | {{Quote|[http://www.light-of-life.com/eng/ilaw/l5721et1.htm#p19 The Case of the Female Apostate]<BR>'Abdurrahmani'l-Djaziri, The Penalties for Apostasy in Islam According to the Four Schools of Islamic Law (p. 19)|The Shafi´ites, Hanbalites and Malikites say: The verdict for the female apostate is the same as for the male. She must be called on to return to Islam for three days, prior to her death, for an evil-doer may have confused her understanding; thus the possibility exists for her being released from her confusion. Offering the apostate a time limit for repentance has been approved. | ||