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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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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: | 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] | {{Quote|[http://therationaliser.blogspot.co.uk/2014/07/apostasy-in-islam.html Minhaj at talibin] <BR>By Nawawi, cited on The Rationaliser blog <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 | 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 | ||
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The Prophet -- the blessing and peace of Allah be upon him -- said, "He who changes his religion must be killed"; this holds true both for men and women. The apostasy of a man calls for putting him to death. It is unanimously agreed upon that apostasy is a horrible crime deserving a horrible punishment. The apostasy of a woman is no less horrible. Therefore, it too deserves a corresponding punishment: death. }} | The Prophet -- the blessing and peace of Allah be upon him -- said, "He who changes his religion must be killed"; this holds true both for men and women. The apostasy of a man calls for putting him to death. It is unanimously agreed upon that apostasy is a horrible crime deserving a horrible punishment. The apostasy of a woman is no less horrible. Therefore, it too deserves a corresponding punishment: death. }} | ||
====Hanafi==== | |||
{{Quote|1=[http://therationaliser.blogspot.co.uk/2014/07/apostasy-in-islam.html Shaybani's Siyar (The Islamic law of nations)]<BR>By Muhammad Shaybani (Imam Abu Hanifa's student), cited on The Rationaliser blog|2= | |||
985 I asked: If a Muslim apostatizes (irtadda) from Islam, what do you think would be the ruling regarding him? | |||
986 He replied: '''Islam would be offered to him; he has either to accept it or be killed at once, unless he asked for deferment.''' This would be given to him and its duration would be 3 days. | |||
987 I asked: Has any narrative come to your knowledge about this matter? | |||
988 He replied: Yes, it has been related to us from the Prophet to this effect, as well as [narratives] from [The caliph] Abi b. Abi Taalib, AbdAllah b. Mas'ud, and Mu'adh b. Jabal. Thus this ruling is based on the Sunna. | |||
... | |||
1033 I asked: Would you think that the apostate's slaughtered animal would be lawful to eat | |||
1034 He replied: No | |||
1035 I asked: Even if he had become a Christian? | |||
1036 He replied: Even if he had [apostatized to Christianity], because he would not enjoy the status of a Jew or a Christian. Do you think that he would be permitted to remain in the religion [he had adpoted]? He would have to become a Muslim or else be executed. | |||
... | |||
1053 I asked: If a man has apostatized from Islam and another [man] cut off his hand or destroyed, intentionally or unintentionally, his eye or committed against him any other tort, intentionally or unintentially, would this [other] man be held liable for anything? | |||
1054 He replied: No | |||
1055 I asked: Why? | |||
1056 He replied: '''Since his blood is lawful to shed nobody would be liable for any tort against him, whether cutting off his hand or foot or committing a tort or injury against him.''' | |||
1057 I asked: Would [the ruling] be the same if he accepts Islam and then dies of the wound? | |||
1058 He replied: The person who has committed [the said tort] would not be liable for anything. | |||
... | |||
1069 I asked: If a woman apostatized from Islam, what would be the ruling regarding her? | |||
1070 He replied: '''Abu Hanifa held that she would not be executed, but imprisoned indefinitely until she returns to Islam.''' | |||
... | |||
1130 + However, Abu Yusuf and Muhammad [b. al-Hasan] held that the apostate woman would be liable to execution unless she returns to Islam. But Abu Hanifa held that she would be in the same category as a very old man. | |||
... | |||
1159 I asked: If a tort was committed against [the slave woman] in apostasy, would the offender be held liable for anything? | |||
1160 He replied: No | |||
1161 I asekd: Why, if you do not approve of the execution of women? | |||
1162 He replied: Since some of the jurists hold that apostate women should be executed, I hold that a tort committed against them would not render [the offender] liable [for paying compensation] | |||
... | |||
1330 I asked: If a group [of Muslims] apostatized from Islam and were attacked by [other] Muslims without [first] having been invited to adopt Islam, do you think that those [who attacked] would be liable for anything? | |||
1331 He replied: No | |||
1332 I asked: Why? According to Sunna they should be invited [to accept Islam] before being fought. | |||
1333 He replied: Even so, they would not be liable for anything. | |||
1334 I asked: Would the same be true if a single man apostatized from Islam and was killed by another before was invited [to return] to Islam? | |||
1335 He replied: Yes | |||
... | |||
1341 + Men [who apostatize] would be liable to be executed, regardless whether they were slaves or free. | |||
... | |||
1344 I asked: If a lad apostatized from Islam before he reached puberty, do you think that he would be executed? | |||
1345 He replied: No | |||
1346 I asked: Would the same hold true if he had come of age while still an unbeliever? | |||
1347 He replied: I would order his imprisonment rather than execution, because he had never professed Islam after he had come of age.}} | |||
====Hanbali==== | ====Hanbali==== | ||
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{{Quote|1=[http://www.kalamullah.com/Books/Umdat%20al-Fiqh.pdf 'Al Umda fi al Fiqh']<Br>By Imam Muwaffaq Ibn Qudama (A.H. 541-620), page 309|2='''The Legal Ruling on the Apostate [Hukum al-Murtaad]''' | {{Quote|1=[http://www.kalamullah.com/Books/Umdat%20al-Fiqh.pdf 'Al Umda fi al Fiqh']<Br>By Imam Muwaffaq Ibn Qudama (A.H. 541-620), page 309|2='''The Legal Ruling on the Apostate [Hukum al-Murtaad]''' | ||
If someone apostatizes from Islam, whether it be a man or a woman, the penalty of death must be enforced, because of the saying of Allah's Apostle "If someone changes his religion, you must kill him". | '''If someone apostatizes from Islam, whether it be a man or a woman, the penalty of death must be enforced, because of the saying of Allah's Apostle "If someone changes his religion, you must kill him".''' | ||
The apostate should not be killed until he has been invited three times to repent. If he repents [he is spared], but if not, he is killed by the sword. If someone denies Allah's existence, or attributes to Him a partner, or a consort, or a son, or if he accuses Allah (Exhalted is He) of telling lies, or blasphemes him, or if he calls His Messenger a liar, or insults him, or if he denies a Prophet, or denies the Book of Allah or anything from it, or denies one of the basic pillars of Islam, or if he attributes lawfulness to something declared unlawful by the consensus of legal opinion, he is guilty of apostasy - unless he is one of those who are unaware of the religious duties and prohibitions, in which case he must be informed thereof, and if he does not accept, he is guilty of unbelief. | The apostate should not be killed until he has been invited three times to repent. If he repents [he is spared], but if not, he is killed by the sword. If someone denies Allah's existence, or attributes to Him a partner, or a consort, or a son, or if he accuses Allah (Exhalted is He) of telling lies, or blasphemes him, or if he calls His Messenger a liar, or insults him, or if he denies a Prophet, or denies the Book of Allah or anything from it, or denies one of the basic pillars of Islam, or if he attributes lawfulness to something declared unlawful by the consensus of legal opinion, he is guilty of apostasy - unless he is one of those who are unaware of the religious duties and prohibitions, in which case he must be informed thereof, and if he does not accept, he is guilty of unbelief. | ||