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Thursday, January 5, 2017

Apostate

http://islamqa.org/hanafi/askimam/6033
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
You have posed seven questions.  We will respond to the first two only as they are inter-related and it will be more conductive for effective academic digestion.  You may forward your remaining questions one at a time after having understood and digested this information.  
First and foremost, an apostate is killed simply because it is an order of the Sharī’ah.  We do not have any authority in questioning the law of Allah.  Allah Ta’ālā is the All-Wise.  The wisdom and benefits behind His every ruling are unfathomable by our feeble minds.
The possible rationale behind this ruling may be understood through the death penalty executed in almost 60 countries.  For some criminal convictions where the death penalty is carried out are:
·        The United States of America
·         China
·        Japan
·        Taiwan
·        Thailand
·        Jamaica
·        India[i]  

A person is condemned to death because he has committed an unforgivable crime.  A country is based on certain entrenched values.  There is no compromise on such values.  
One who opposes these values is convicted of treason.  The penalty of treason in many countries is death.  If death is the consequence of rebelling against man made laws which are deficient, then shouldn’t rebellion against the laws of Allah which are perfect be viewed more seriously.
An apostate fuels widespread disorder and confusion.  His apostasy prompts others to question their beliefs.  He is the seed of imbalance.  Hence, it is better to uproot the mischief before it is deep rooted in the ground.  For example, if there is a basket of apples wherein there is one rotten apple, what will the owner of the apples do? He will get rid of the rotten apple to preserve the rest of the apples.  If he keeps the rotten apple merely because it is an apple, he will be deemed foolish.  In the very same manner, an apostate carries rotten beliefs; he must be removed from the basket of the world to preserve the spiritual welfare of others.  Anything which is a threat to Imān will be uprooted.    
You further enquire regarding the following verse:

لَا إِكْرَاهَ فِي الدِّينِ قَدْ تَبَيَّنَ الرُّشْدُ مِنَ الْغَيِّ فَمَنْ يَكْفُرْ بِالطَّاغُوتِ وَيُؤْمِنْ بِاللَّهِ فَقَدِ اسْتَمْسَكَ بِالْعُرْوَةِ الْوُثْقَى لَا انْفِصَامَ لَهَا وَاللَّهُ سَمِيعٌ عَلِيمٌ (سورة البقرة 256) 

“There shall be no compulsion in [acceptance of] the religion. The right course has become clear from the wrong. So whoever disbelieves in Taghut and believes in Allah has grasped the most trustworthy handhold with no break in it. And Allah is Hearing and Knowing.” (Quran 2:256)

This verse orders the believers not to coerce anybody into accepting the fold of Islam.  This verse has nothing at all to with an apostate.  In this verse, Muslims are being reminded not to make people accept Islam by means of compulsion.  Hence, history testifies that all the cities which accepted Islam in the earlier times was due to them exercising their free will.  Forcing somebody to accept has no benefit at all.  It just creates more enemies from within.  

An apostate had already entered Islam with his own will and then he defected.  He will not be forced to accept Islam.  He will be given an opportunity of three days to repent.  After three days, the apostate will be sentenced to death.[ii]

You also ask vis-à-vis chapter 109 titled surah al-kāfirūn.  Before explaining this chapter, it is necessary to understand that all these contradictions and misunderstandings are due to understanding texts out of their context.  One must study under a qualified and genuine scholar to really comprehend the message of the Qur’an.  

Firstly, this verse was revealed in Makkah.  Hence, it preceeds any ruling in relation to apostates.  Secondly, this chapter was revealed with regards to a specific occurrence.  Once the disbelievers came and proposed to the Prophet salallahu alaihi wasallam that they should practice on a ‘multi-faith’; for one year, everybody should worship the idols and the next year everyone will worship Allah.[iii] It was after this that the Prophet was told to respond to them with the statement:

لَكُمْ دِينُكُمْ وَلِيَ دِينِ (سورة الكافرون 6)
“For you is your dīn for me is my dīn.” (Quran 109:6)

In conclusion, if opposition to the values of manmade laws is unforgiveable, imagine the severity of going against the core values of Islam, namely Tawhīd?

And Allah Ta’āla Knows Best
Mawlana Faraz Ibn Adam,
Student Darul Iftaa
Leicester, UK
http://islamqa.org/hanafi/askimam/29402
How come an apostate is killed in Islamic Shariah but there’s no compulsion upon other non-Muslims in the State? Why isn’t he/she allowed to follow whatever religion they want? Jazakum’Allahu khairun.
Answer
There are two categories of people mentioned: an apostate and an original non-Muslim. The injunctions of the Shari?ah as supported by the Qur?aan and Hadith that is applicable to both of them differs. In other words, both of them do not fall under the same category.
The first one is an apostate or renegade, i.e. a Muslim person who has turned away from Islam and the second are those who are non-Muslims originally. The law for the first group of people, i.e. renegade is that firstly Islam will be presented once again to him and if he has any doubts or queries then these should be cleared out and he will be given a respite of 3 days. If he accepts Islam again, then fine otherwise he will be killed. This is substantiated by the noble Hadith of Rasulullah (Sallallaahu Alayhi Wasallam) wherein he explicitly mentions, ?Whosoever changes his Deen, then kill him?. This only apply to the males. A female renegade will not be killed, rather kept imprisoned until she accepts Islam.
As for the second group, when the Muslims conquer a non-Muslim land, they will first invite those people to Islam because of the narration of ibn Abbaas (Radhiallaahu Anhu), ?No nation should be fought with until they are called to Islam.? If the accept, then Muslims will not fight with them. And if they refuse, then they will be asked to pay Jizya (tax), if they refuse, this, then only will the Muslims fight them. This is also substantiated by Qur?aan, ?Fight against those who believe not in Allah nor in the last day nor forbid that which has been forbidden by Allah and his Messenger (Sallallaahu Alayhi Wasallam) and those who acknowledge not the religion of truth (i.e. Islam) among the people of the scripture (Jews and Christians) until they pay the Jizya (tax) with willing submission and feel themselves subdued.? (Surah Tawbah Aayat29).
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai

http://askimam.org/public/question_detail/34653
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The punishment for apostasy in the case of a male in an Islamic country is death. This is clearly stated in many authentic and express Ahadith some of which we quote hereunder. There is no need to rely on any other interpretations after having clear and express Ahadith on the issue.
The citations provided in the question are incorrect and in fact reflect academic manipulation and embezzlement. Furthermore, an apostate is availed of all facilities to remove misconceptions about Islam. If he still persists on apostasy, that is due to his arrogance.   
عَنِ بن عَبَّاسٍ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قال: "من بدل دينه فاقتلوه
Ibne Abbas Radhiallahu anhu narrates that Rasulullah  said the one who changes his Deen, kill him
صحيح ابن حبان - محققا (10/ 327)

عَنِ ابْنِ عَبَّاسٍ أَنَّهُ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "مَنْ تَرَكَ دِينَهُ -أَوْ قَالَ: رَجَعَ عَنْ دِينِهِ- فَاقْتُلُوهُ وَلَا تُعَذِّبُوا بِعَذَابِ اللَّهِ أَحَدًا -يَعْنِي بِالنَّارِ 
Ibne Abbas Radhiallahu anhu narrates that Rasulullah   said the one who leaves his Deen or he said the one who abandons his Deen, kill him 
السنن الكبرى للبيهقي (8/ 338)

عَنْ عِكْرِمَةَ، قَالَ: لَمَّا بَلَغَ ابْنَ عَبَّاسٍ رَضِيَ اللهُ عَنْهُ أَنَّ عَلِيًّا، رَضِيَ اللهُ عَنْهُ حَرَّقَ الْمُرْتَدِّينَ أَوِ الزَّنَادِقَةِ قَالَ: لَوْ كُنْتُ أَنَا لَمْ أُحَرِّقْهُمْ، وَلَقَتَلْتُهُمْ لِقَوْلِ رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: " مَنْ بَدَّلَ دِينَهُ فَاقْتُلُوهُ " وَلَمْ أُحَرِّقْهُمْ لِقَوْلِ رَسُولِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ: " لَا يَنْبَغِي لِأَحَدٍ أَنْ يُعَذِّبَ بِعَذَابِ اللهِ " رَوَاهُ الْبُخَارِيُّ فِي الصَّحِيحِ عَنْ عَلِيِّ بْنِ عَبْدِ اللهِ، عَنْ سُفْيَانَ
Ikrima Radhiallahu anhu : Ali Radhiallahu anhu burnt some people and this news reached Ibn 'Abbas, Radhiallahu anhu who said, "Had I been in his place I would not have burnt them, as Rasulullah  said,  'Don't punish (anybody) with Allah's Punishment.' No doubt, I would have killed them, for Rasulullah  said, 'If somebody (a Muslim) discards his religion, kill him.' "
We have sufficed with the above three Ahadith. There are many more clear Ahadith on the issue quoted in the footnotes.
And Allah Ta’āla Knows Best

Abu Abdillah
Student, Darul Iftaa


Checked and Approved by,
Mufti Ebrahim Desai.

http://islamqa.org/hanafi/seekersguidance-hanafi/86306

Was salam Dear Questioner,
‘shifa al-‘ayy al-su’al (the cure for confusion is to ask)’ (Abu Dawud)
May Allah bring comfort to your heart – the tranquillity that comes through finding peace in Allah. May you be of those about whom Allah said in the Quran, ‘then, after distress, He sent down upon you tranquillity…’ (Aal Imran 3:175)
You have raised a number of issues in your email that I will address in brief. It should be noted that each of these points have been discussed at great length in our scholarly history, and where possible, I would point you to beneficial, balanced and succinct summaries of these discussions. What I’d like to you bear in mind right at the outset, though, is that you are not alone in any one of these dilemmas. I personally am aware of many people who struggle needlessly with the same issues for years before finally asking about them.
And there are yet many others who never do ask, remaining tortured by self-doubt till the end of their days. This is why I am very happy that you have had the courage to lay bare your heart and pose the questions that you have: through a single person’s sincere questioning, many others will derive benefit, and you will only realise how far the fruits of your endeavour have spread on the Day of Judgment.
1. What is ‘true Islam’?
On your journey to and through Islam, you have clearly encountered a number of groups, all of whom claim (no doubt sincerely believing it) that they represent ‘true’ Islam. It is an inevitable consequence of limited human minds coming into contact with the infinite grandeur of the Divine that many try to squash ultimate truth into their own worldviews, thereby distorting and limiting it. The great Sufi mystic and poet Rumi said, ‘everyone wanted to become my friend through their understanding of me / but they missed the secret within me!’
This is why Allah and the Blessed Prophet Muhammad (peace and blessings upon him and his family) warned about the dangers of attempting to interpret Revelation without deep insight, long training and outside of the collegiate consultation processes of the scholarly tradition. Our master, Ali, may God illuminate his countenance, gave us words of wisdom that are particularly relevant in your case: ‘truth is not known through people – rather, recognise the truth and you will know its people.’
Matters become more problematic when groups become exclusivist – claiming not just that the truth lies with them, but that the truth only lies with them and no-one else. Beware of those who narrow God’s mercy by declaring that the wide, clear, well-lit highway of Islam (mahhajatan bayda) is in fact a rickety bridge across an abyss! This has never been the way of normative Islamic belief – indeed the Prophet (peace and blessings upon him and his family) gave a severe warning about the dangers of accusing others of disbelief: ‘when one Muslim accuses another of disbelief, one of them certainly has disbelieved.’
He also severely castigated Usama bin Zaid (one of his most beloved young companions) for killing an enemy soldier on the battlefield despite the latter having shouted out the testimony of faith just before the deathblow. Even though the defeated man was most likely only trying to save his own skin, the Prophet (s) said to Usama, ‘did you look into his heart and ascetrtain the truth of the matter?!’ Both these hadiths indicate that faith should be assumed even with the smallest of signs.
Accordingly, one of the most widely accepted statements of belief in Islam, the Aqida Tahawiyya, clearly states, ‘we do not make disbelievers of any of those who pray towards our Qibla…’ Abu Hanifa, who was a great theologian as well as a legal scholar, is well-known to have said, ‘if a statement contains 99 meanings of disbelief and only one meaning of faith, then discard the 99!’
The scholars of the Ahl al-Sunna have been extremely wary about anathematizing people, as is clear from many of their statements. The groups that you mentioned in your email (whom I will not name here) are unfortunately well-known for this type of exclusivism, and whatever other benefit one might derive from their company (for Muslims of all stripes have a lot more in common with each other than differences) one should be wary of claims that ‘only we are going to heaven!’ There’s a lot more room on the ‘peace train’ of Allah’s mercy!
2. What entails disbelief
This subject is tackled in classical legal and doctrinal texts at some length; however, it boils down to a very simple principle: the only thing that can remove a person from Islam is clear denial of what brought them into it. This entails denial of what is necessarily known by every Muslim – scholar or lay-person – such as the unity of God, the Prophethood of our Master Muhammad (peace and blessings upon him and his family), the obligation of prayer, the prohibition of alcohol, and so forth.
You can’t trip up and stumble out of the religion by mistake; you really have to try! The Prophet (peace and blessings upon him and his family) said, ‘I have left you upon a wide, clear highway, whose night is [just as clear as] its day. None will deviate from it save one who destroys himself.’ I would advise you to take a course such as this one to further strengthen your faith. More detailed courses are also easily available on the Seeker’s Guidance website.
Much of what you are concerned about – having ‘apostated’ repeatedly, by ’talking without knowledge’ and ‘uttering blasphemous words’ – is most probably of no legal or doctrinal significance. Many people have obsessive doubts (waswasa) about having left Islam or blasphemed, whether because of thoughts that come to them, stray words or slips of the tongue. Unfortunately, this is sometimes compounded by unwise but zealous Muslims who have failed to understand both the breadth of God’s mercy and the moderate inclusivism of His Divine Law. Such people, unfortunately, are unwitting tools of Shaytan, who seeks to sow doubt where there was certainty, despair where there was hope, and weakness where there was strength.
Do not listen to them, nor the same whispers within your heart. Allah says, ‘the devil threatens you with poverty and commands you to obscenity; God promises you his forgiveness and blessings…’ As mentioned earlier, such doubts are part of the human condition, with some more affected by them than others. This is an extremely important subject that confuses many people, and is dealt with beautifully in this course. Our beloved Prophet (peace and blessings upon him and his family) has given us hope and guidance when afflicted in this way.
3. What does NOT entail disbelief
a. Blasphemous thoughts:
i. The sahaba came to the Prophet (peace and blessings upon him and his family) and said, ‘sometimes terrible thoughts occur to us and we fear that we have left Islam!’ He replied, ‘this is pure faith!’ (Sahih Muslim) Imam Nawawi explains that the fact that one is so troubled by these thoughts is a sure sign of one’s faith.
ii. The Prophet (peace and blessings upon him and his family) also said, ‘Allah has overlooked for my community the [sinful] whisperings of their hearts, so long as they do not act upon them or give them voice [believing in them].’ (Sahih Muslim)
b. Slips of the tongue
i. ‘Actions are only [judged] by intentions, and every person will be requited only for what they intended.’ This is the very first hadith of Sahih al-Bukhari and is known as the single most important hadith in the entire religion.
ii. Statements are always understood according to what was clearly meant, even if the words are mangled. A person who intends in their heart to pray Asr but accidentally says, ‘Oh Allah I intend to perform zuhr,’ does not need to repeat their prayer – it is accepted that he meant Asr. If this is the case for an action, it applies even more so for that which affects one’s very faith!
iii. Allah says, ‘Allah does not censure you for slips of your tongue in oaths, but rather for what your hearts have wrought.’
c. Unwitting statements
i. This is a slightly more controversial topic. If a person utters something clearly blasphemous without understanding that it is in fact blasphemous, have they left the fold of Islam. The understanding of the classical Sunni tradition is that they have not, because they did not intend blasphemy. However, sometimes zealous Muslims take statements of the scholars out of context to conclude the opposite. Examples of such statements (eg: ‘whoever engages in a pillow-fight whilst the jumua khutba is being delivered has committed kufr!’) are understood to mean ‘disbelief is feared for a person if they did or said such a thing intending to mock or belittle the religion.’
ii. If a person makes you fear you have left the religion because of such a thing, follow the advice of Abdullah Ibn Abbas. A man came to him and said, ‘people accuse me of being a disbeliever!’ He replied, ‘say, ‘there is no God but Allah, and make liars of them!’
In answer to your questions, then: a momentary doubt about Allah’s existence does not entail kufr, and a momentary ‘hesitation’ about belief in Allah is not kufr either. Both of these are satanic whispers (waswasa) and should be ignored or rebutted. Allah has already saved you from disbelief – dare to believe it and place your trust in Him. A person who fears not being Muslim is by definition a Muslim – in fact, they have tasted the sweetness of faith!
The Prophet (peace and blessings upon him and his family) said, ‘with three things is the sweetness of faith experienced: to love Allah and His Messenger more than anything else, to love one another for the sake of Allah, and to fear disbelief as one would fear being cast into a fire.’ Remember also that Allah’s capacity for mercy utterly beyond anything you can imagine, and far greater than your capacity to sin. He says, in a hadith Qudsi, ‘Oh my worshipper: if you come to be with a world’s worth of sin, I will come to you with a world’s worth of forgiveness!’
4. Parting advice
a. Be in the company of good friends – those who give you peace and certainty, and who do not fill you with despair and doubt.
b. ‘Leave that which causes you to doubt for that which leaves you in no doubt.’
c. Always remember that Islam is an easy and simple faith: there are no theological traps waiting to ensnare you here.
d. If the doubts persist, seek out the help of a well-respected, moderate and wise local scholar who can advise you specifically
e. If all of this does not work, remember that severe doubts are sometimes a symptom of a medical/psychological problem – don’t be afraid to seek professional help (says the Psychiatrist!)
f. Recite the Kalima, Sura al-Ikhlas and salawat on the Prophet (peace and blessings upon him and his family) in abundance – BUT NOT because you feel you have fallen into disbelief, but rather to increase you in faith, surety and love of Allah and His Messenger (peace and blessings upon him and his family).
g. This is a religion of mercy – don’t ever despair of that mercy.
h. Lastly, make dua for me, my family and my teachers: for you are clearly a better Muslim than I!
Was salam
Abd Faqir
Asim
Checked & Approved by Faraz Rabbani


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