Shari'ah (Islamic Law): Difference between revisions

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{{Main|Islam and Freedom of Speech}}
{{Main|Islam and Freedom of Speech}}


It is a criminal offense in Islam to speak ill of the faith, its Prophet Muhammad, and its holy Scriptures (Qur'an and Hadith). To do so is considered blasphemy, and blasphemy is punishable by death. If a Muslim is doing the criticizing, their actions would constitute apostasy, therefore they too would be liable for the death penalty. Contrary to what some may suggest, this is not the result of a latter-day innovation of Islam, but something that is deeply rooted within Islamic scripture and the Sunnah of Muhammad. The Qur'anic verse 5:33 calls for the execution, mutilation, or imprisonment, of those who make "[[Mischief]]" in the land, and Muhammad himself had asked his Muslim followers to kill several individuals who were guilty of blaspheming Islam and its Prophet. Muhammad asked Muslims to kill someone named 'Abdullah bin Ubai (bin Salul) for making "evil" statements about him.<ref>"''....So, on that day, Allah's Apostle got up on the pulpit and complained about 'Abdullah bin Ubai (bin Salul) before his companions, saying, 'O you Muslims! Who will relieve me from that man who has hurt me with his evil statement about my family? By Allah, I know nothing except good about my family and they have blamed a man about whom I know nothing except good and he used never to enter my home except with me.' Sad bin Mu'adh the brother of Banu 'Abd Al-Ashhal got up and said, 'O Allah's Apostle! I will relieve you from him....''" - {{Bukhari|5|59|462}}</ref> He asked Muslims to kill Abu `Afak for making negative remarks about him and Islam.<ref>"''....The apostle said, "Who will deal with this rascal [Abu `Afak] for me?" Whereupon Salim b. Umayr, brother of B. Amr b. Auf, one of the "weepers", went forth and killed him.....''" -  "Sirat Rasul Allah" by Ibn Ishaq page 675</ref> He asked Muslims to kill both Ka’b bin Ashraf<ref>"''....Allah’s Apostle said, ‘Who would kill Ka’b bin Al-Ashraf as has harmed Allah and His Apostle? Muhammad bin Maslama (got up and) said, ‘I will kill him.’....''" - {{Bukhari|3|45|687}} </ref> and Asma Bint Marwan<ref>"''....When the apostle heard what she had said he said, "Who will rid me of Marwan's daughter [Asma Bint Marwan]?" `Umayr b. `Adiy al-Khatmi who was with him heard him, and that very night he went to her house and killed her.....''" -  "Sirat Rasul Allah" by Ibn Ishaq page 675, 676</ref> for writing inflammatory poetry about him and Muslims. Additionally, when Muhammad learned that one of his followers had stabbed and killed his slave women (other sources refer to her as a freed concubine: ''Umm walad'', she was also the mother of a blind man) for making derogatory remarks about Muhammad, he declared that "'''no retaliation is payable for her blood.'''"<ref>"''....So I took a dagger, put it on her belly and pressed it till I killed her. Thereupon the Prophet (peace be upon him) said: Oh be witness, no retaliation is payable for her blood.....''" - {{Abudawud|38|4348}}</ref> This has effectively set the precedent for all Muslims to follow with such retaliation. No higher authority than ones-self is needed for permission to kill blasphemers. The state of free speech under the reign of the prophet himself is what ultimately formulates Islamic law.  
It is a criminal offense in Islam to speak ill of the faith, its Prophet Muhammad, and its holy Scriptures (Qur'an and Hadith). To do so is considered blasphemy, and blasphemy is punishable by death. If a Muslim is doing the criticizing, their actions would constitute apostasy, therefore they too would be liable for the death penalty. Contrary to what some may suggest, this is not the result of a latter-day innovation of Islam, but something that is deeply rooted within Islamic scripture and the Sunnah of Muhammad. The Qur'anic verse 5:33 calls for the execution, mutilation, or imprisonment, of those who make "[[Qur'an, Hadith and Scholars:Mischief]]" in the land, and Muhammad himself had asked his Muslim followers to kill several individuals who were guilty of blaspheming Islam and its Prophet. Muhammad asked Muslims to kill someone named 'Abdullah bin Ubai (bin Salul) for making "evil" statements about him.<ref>"''....So, on that day, Allah's Apostle got up on the pulpit and complained about 'Abdullah bin Ubai (bin Salul) before his companions, saying, 'O you Muslims! Who will relieve me from that man who has hurt me with his evil statement about my family? By Allah, I know nothing except good about my family and they have blamed a man about whom I know nothing except good and he used never to enter my home except with me.' Sad bin Mu'adh the brother of Banu 'Abd Al-Ashhal got up and said, 'O Allah's Apostle! I will relieve you from him....''" - {{Bukhari|5|59|462}}</ref> He asked Muslims to kill Abu `Afak for making negative remarks about him and Islam.<ref>"''....The apostle said, "Who will deal with this rascal [Abu `Afak] for me?" Whereupon Salim b. Umayr, brother of B. Amr b. Auf, one of the "weepers", went forth and killed him.....''" -  "Sirat Rasul Allah" by Ibn Ishaq page 675</ref> He asked Muslims to kill both Ka’b bin Ashraf<ref>"''....Allah’s Apostle said, ‘Who would kill Ka’b bin Al-Ashraf as has harmed Allah and His Apostle? Muhammad bin Maslama (got up and) said, ‘I will kill him.’....''" - {{Bukhari|3|45|687}} </ref> and Asma Bint Marwan<ref>"''....When the apostle heard what she had said he said, "Who will rid me of Marwan's daughter [Asma Bint Marwan]?" `Umayr b. `Adiy al-Khatmi who was with him heard him, and that very night he went to her house and killed her.....''" -  "Sirat Rasul Allah" by Ibn Ishaq page 675, 676</ref> for writing inflammatory poetry about him and Muslims. Additionally, when Muhammad learned that one of his followers had stabbed and killed his slave women (other sources refer to her as a freed concubine: ''Umm walad'', she was also the mother of a blind man) for making derogatory remarks about Muhammad, he declared that "'''no retaliation is payable for her blood.'''"<ref>"''....So I took a dagger, put it on her belly and pressed it till I killed her. Thereupon the Prophet (peace be upon him) said: Oh be witness, no retaliation is payable for her blood.....''" - {{Abudawud|38|4348}}</ref> This has effectively set the precedent for all Muslims to follow with such retaliation. No higher authority than ones-self is needed for permission to kill blasphemers. The state of free speech under the reign of the prophet himself is what ultimately formulates Islamic law.  


Umar bin Al-Khattab's placed the following restrictions on expression and speech:
Umar bin Al-Khattab's placed the following restrictions on expression and speech:
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