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<blockquote data-quote="sirajstc" data-source="post: 7625663" data-attributes="member: 91140"><p><span style="font-size: 12px"><span style="color: #0000ff">Volume 4, Book 52, Number 260:</span></span></p><p><span style="font-size: 12px"><span style="color: #0000ff">Narrated Ikrima:</span></span><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"></span> <span style="font-size: 12px"><span style="color: #008000">Ali burnt some people and this news reached Ibn 'Abbas, who said, "Had I been in his place I would not have burnt them, as the Prophet said, 'Don't punish (anybody) with Allah's Punishment.' No doubt, I would have killed them, for the <strong>Prophet said, 'If somebody (a Muslim) discards his religion, kill him.' "</strong></span></span></p><p><span style="font-size: 12px"><span style="color: #008000"><strong></strong></span></span></p><p><span style="font-size: 12px"><span style="color: #008000"><strong></strong></span></span> <span style="font-size: 12px">Many prominent scholars throughout the centuries have held the view that apostasy is not a hadd (singular for hudud = capital) offence. This view is founded on the fact that the Qur'an is completely silent on the death penalty for apostasy. In fact, freedom of religion is a fundamental tenet of Islam. In </span><span style="font-size: 12px"><span style="color: #0000ff">Surah al-Baqarah, 2:256</span></span><span style="font-size: 12px">, Allah explicitly states: </span><span style="font-size: 12px"><span style="color: #ff0000">"Let there be no compulsion in religion".</span></span><span style="font-size: 12px"> This Medinan verse was revealed when some Companions asked the Prophet for permission to compel their relatives to profess Islam. It has been widely interpreted to mean that no one can be compelled to embrace Islam because religion depends upon faith and will, and this would be meaningless if induced by force. Islam itself means submission to the will of God; and the willing submission of the self to faith and </span></p><p><span style="font-size: 12px">belief must be attained through conviction and reason, not through coercion and duress.</span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"></span></p><p> <span style="font-size: 12px">Islam began by inviting and persuading people to embrace it on the merit of its rationality and truth. In </span><span style="font-size: 12px"><span style="color: #0000ff">Surah Yunus, 10:99</span></span><span style="font-size: 12px">, a verse revealed in Mecca at the advent of Islam, Allah says: </span><span style="font-size: 12px"><span style="color: #ff0000">"Had your Lord willed, everyone on earth would have believed. Do you then force people to become believers?"</span></span><span style="font-size: 12px"> This and verse 2:256, together with the norm of Shari'a which affirms freedom of religion, have led many Muslim countries today to include in its Constitution an article on freedom of religion as a fundamental right.</span></p><p> <span style="font-size: 12px">In his book, The Punishment for Apostasy in Islam, the former Chief Justice of Pakistan, SA Rahman, noted that even though the subject of apostasy occurred no less than 20 times in the Qur'an, the Holy Book remained silent on death as a punishment. </span></p><p><span style="font-size: 12px"></span></p><p></p><p></p><p><span style="font-size: 12px"><span style="color: #0000ff">Surah An-Nisa', 4:137-138</span></span><span style="font-size: 12px">, state that </span><span style="font-size: 12px"><span style="color: #ff0000">"Verily, those who believe, then disbelieve, then believe again, then disbelieve, and then increase in their disbelief - Allah will never forgive them nor guide them to the path. Give to the hypocrites the tidings that there is for them a painful torment."</span></span><span style="font-size: 12px"> If indeed it was Allah's intention to impose the death penalty for apostasy, then such occasion of repeated apostasy could have provoked such a punishment. But neither the first instance of apostasy, nor repeated apostasy brought about capital punishment.</span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"></span></p><p> <span style="font-size: 12px">Those who advocate the death penalty for apostasy based their reasoning on a hadith which proclaims, </span><span style="font-size: 12px"><span style="color: #008000">"kill whoever changes his religion"</span></span><span style="font-size: 12px">. But this hadith is open to varying interpretations on several grounds.</span></p><p></p><p></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"></span></p><p> <span style="font-size: 12px"><strong>First, this hadith is considered a weak hadith</strong> with just a single isnad (this means there is only one chain of transmission or narration) and thus according to the rules of Islamic jurisprudence, it is not enough to validate the death penalty.</span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"></span></p><p> <span style="font-size: 12px"><strong>Second, this hadith is also considered a general </strong>('amm) hadith in that it is in need of specification (takhsis); for it would otherwise convey a meaning that is not within its purpose. The obvious reading of the hadith would, for example, make liable the death punishment on a Hindu or Christian who converts to Islam. This is obviously not the intention of the hadith. According to the rules of Islamic jurisprudence, when a text is interpreted once, it becomes open to further interpretation and specification. Therefore, many scholars interpret this hadith to apply only to cases of high treason (hirabah), which means declaring war against Islam, the Prophet, or God or the legitimate leadership of the ummah.</span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"></span></p><p> <span style="font-size: 12px"> Third, and most importantly, there is no evidence to show that Prophet Muhammad saw or his Companions ever compelled anyone to embrace Islam, nor did they sentence anyone to death solely for renunciation of the faith.</span></p><p> <span style="font-size: 12px">Based on these three reasons and the Qur'anic principle of freedom of religion, prominent ulama (scholars) from the seventh to the twentieth centuries have come out with the position that there can be no death penalty for apostasy. According to Professor Hashim Kamali in his award-winning book, Freedom of Expression in Islam, two leading jurists of the generation succeeding the Companions, Ibrahim al-Naka'I and Sufyan al-Thawri, both held that the apostate should be re-invited to Islam, but should never be condemned to death. The renowned Hanafi jurist, Shams al-Din al-Sarakhsi wrote that even though renunciation of faith is the greatest of offences, it is a matter between man and his Creator, and its punishment is postponed to the Day of Judgement. The Maliki jurist Abul Walid al-Baji and the renowned Hanbali jurist Ibn Taymiyyah have both held that apostasy is a sin which carries no hadd punishment.</span></p><p> <span style="font-size: 12px">In modern times, the celebrated Sheikh of al-Azhar University, the late Mahmud Shaltut who was esteemed for his vast knowledge of Islamic jurisprudence and Qur'anic interpretation, wrote that many ulama are in agreement that hudud cannot be established by a solitary hadith and that unbelief by itself does not call for the death penalty. The current Sheikh of al-Azhar, who was Egypt's former Grand Mufti, Dr Mohammed Sayed Tantawi, also declared that apostasy is not a capital crime.</span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"></span></p><p> <span style="font-size: 12px">Many scholars, including Ibn Taymiyyah, Shaltut and Tantawi, said that the death penalty was not meant to apply to a simple change of faith, but to hirabah, that is, when apostasy is accompanied by rebellion against the community and its legitimate leadership.</span></p><p> <span style="font-size: 12px">Extracts from</span></p><p><span style="font-size: 12px"><a href="http://www.sistersinislam.org.my/letterstoeditors/22071999.htm" target="_blank"> http://www.sistersinislam.org.my/letterstoeditors/22071999.htm</a></span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px">wa salaam</span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"><strong><span style="color: #ff0000">Conclusion:</span> </strong></span> <span style="font-size: 12px">As we clearly see from the Noble Verses above, apostates are no longer to be killed in Islam. <img src="/styles/default/xenforo/smilies/default/happy.gif" class="smilie" loading="lazy" alt=":)" title="Happy :)" data-shortname=":)" /></span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"></span></p><p><span style="font-size: 12px"> I am not here promoting apostates, but there is no reason to kill someone who doesn't deserve to be killed. Certainly if the apostate is hostile toward the Muslims and joins the enemy in a war against them, </span><span style="font-size: 12px"><span style="color: #008000">or tries to corrupt the Muslims in the Muslim lands by trying to convert them to his/her new deviant religion,</span></span><span style="font-size: 12px"> then the matter becomes different. But if a Westerner today for instance embraces Islam for a while and then changes his position due to the overwhelming false anti-Islamic media, then certainly killing that person would be a grave sin and a big mistake.</span></p></blockquote><p></p>
[QUOTE="sirajstc, post: 7625663, member: 91140"] [SIZE=3][COLOR=#0000ff]Volume 4, Book 52, Number 260: Narrated Ikrima:[/COLOR][/SIZE][SIZE=3] [/SIZE] [SIZE=3][COLOR=#008000]Ali burnt some people and this news reached Ibn 'Abbas, who said, "Had I been in his place I would not have burnt them, as the Prophet said, 'Don't punish (anybody) with Allah's Punishment.' No doubt, I would have killed them, for the [B]Prophet said, 'If somebody (a Muslim) discards his religion, kill him.' " [/B][/COLOR][/SIZE] [SIZE=3]Many prominent scholars throughout the centuries have held the view that apostasy is not a hadd (singular for hudud = capital) offence. This view is founded on the fact that the Qur'an is completely silent on the death penalty for apostasy. In fact, freedom of religion is a fundamental tenet of Islam. In [/SIZE][SIZE=3][COLOR=#0000ff]Surah al-Baqarah, 2:256[/COLOR][/SIZE][SIZE=3], Allah explicitly states: [/SIZE][SIZE=3][COLOR=#ff0000]"Let there be no compulsion in religion".[/COLOR][/SIZE][SIZE=3] This Medinan verse was revealed when some Companions asked the Prophet for permission to compel their relatives to profess Islam. It has been widely interpreted to mean that no one can be compelled to embrace Islam because religion depends upon faith and will, and this would be meaningless if induced by force. Islam itself means submission to the will of God; and the willing submission of the self to faith and belief must be attained through conviction and reason, not through coercion and duress.[/SIZE] [SIZE=3] [/SIZE] [SIZE=3]Islam began by inviting and persuading people to embrace it on the merit of its rationality and truth. In [/SIZE][SIZE=3][COLOR=#0000ff]Surah Yunus, 10:99[/COLOR][/SIZE][SIZE=3], a verse revealed in Mecca at the advent of Islam, Allah says: [/SIZE][SIZE=3][COLOR=#ff0000]"Had your Lord willed, everyone on earth would have believed. Do you then force people to become believers?"[/COLOR][/SIZE][SIZE=3] This and verse 2:256, together with the norm of Shari'a which affirms freedom of religion, have led many Muslim countries today to include in its Constitution an article on freedom of religion as a fundamental right.[/SIZE] [SIZE=3]In his book, The Punishment for Apostasy in Islam, the former Chief Justice of Pakistan, SA Rahman, noted that even though the subject of apostasy occurred no less than 20 times in the Qur'an, the Holy Book remained silent on death as a punishment. [/SIZE] [SIZE=3][COLOR=#0000ff]Surah An-Nisa', 4:137-138[/COLOR][/SIZE][SIZE=3], state that [/SIZE][SIZE=3][COLOR=#ff0000]"Verily, those who believe, then disbelieve, then believe again, then disbelieve, and then increase in their disbelief - Allah will never forgive them nor guide them to the path. Give to the hypocrites the tidings that there is for them a painful torment."[/COLOR][/SIZE][SIZE=3] If indeed it was Allah's intention to impose the death penalty for apostasy, then such occasion of repeated apostasy could have provoked such a punishment. But neither the first instance of apostasy, nor repeated apostasy brought about capital punishment.[/SIZE] [SIZE=3] [/SIZE] [SIZE=3]Those who advocate the death penalty for apostasy based their reasoning on a hadith which proclaims, [/SIZE][SIZE=3][COLOR=#008000]"kill whoever changes his religion"[/COLOR][/SIZE][SIZE=3]. But this hadith is open to varying interpretations on several grounds.[/SIZE] [SIZE=3] [/SIZE] [SIZE=3][B]First, this hadith is considered a weak hadith[/B] with just a single isnad (this means there is only one chain of transmission or narration) and thus according to the rules of Islamic jurisprudence, it is not enough to validate the death penalty.[/SIZE] [SIZE=3] [/SIZE] [SIZE=3][B]Second, this hadith is also considered a general [/B]('amm) hadith in that it is in need of specification (takhsis); for it would otherwise convey a meaning that is not within its purpose. The obvious reading of the hadith would, for example, make liable the death punishment on a Hindu or Christian who converts to Islam. This is obviously not the intention of the hadith. According to the rules of Islamic jurisprudence, when a text is interpreted once, it becomes open to further interpretation and specification. Therefore, many scholars interpret this hadith to apply only to cases of high treason (hirabah), which means declaring war against Islam, the Prophet, or God or the legitimate leadership of the ummah.[/SIZE] [SIZE=3] [/SIZE] [SIZE=3] Third, and most importantly, there is no evidence to show that Prophet Muhammad saw or his Companions ever compelled anyone to embrace Islam, nor did they sentence anyone to death solely for renunciation of the faith.[/SIZE] [SIZE=3]Based on these three reasons and the Qur'anic principle of freedom of religion, prominent ulama (scholars) from the seventh to the twentieth centuries have come out with the position that there can be no death penalty for apostasy. According to Professor Hashim Kamali in his award-winning book, Freedom of Expression in Islam, two leading jurists of the generation succeeding the Companions, Ibrahim al-Naka'I and Sufyan al-Thawri, both held that the apostate should be re-invited to Islam, but should never be condemned to death. The renowned Hanafi jurist, Shams al-Din al-Sarakhsi wrote that even though renunciation of faith is the greatest of offences, it is a matter between man and his Creator, and its punishment is postponed to the Day of Judgement. The Maliki jurist Abul Walid al-Baji and the renowned Hanbali jurist Ibn Taymiyyah have both held that apostasy is a sin which carries no hadd punishment.[/SIZE] [SIZE=3]In modern times, the celebrated Sheikh of al-Azhar University, the late Mahmud Shaltut who was esteemed for his vast knowledge of Islamic jurisprudence and Qur'anic interpretation, wrote that many ulama are in agreement that hudud cannot be established by a solitary hadith and that unbelief by itself does not call for the death penalty. The current Sheikh of al-Azhar, who was Egypt's former Grand Mufti, Dr Mohammed Sayed Tantawi, also declared that apostasy is not a capital crime.[/SIZE] [SIZE=3] [/SIZE] [SIZE=3]Many scholars, including Ibn Taymiyyah, Shaltut and Tantawi, said that the death penalty was not meant to apply to a simple change of faith, but to hirabah, that is, when apostasy is accompanied by rebellion against the community and its legitimate leadership.[/SIZE] [SIZE=3]Extracts from [URL="http://www.sistersinislam.org.my/letterstoeditors/22071999.htm"] http://www.sistersinislam.org.my/letterstoeditors/22071999.htm[/URL] wa salaam [B][COLOR=#ff0000]Conclusion:[/COLOR] [/B][/SIZE] [SIZE=3]As we clearly see from the Noble Verses above, apostates are no longer to be killed in Islam. :) [/SIZE] [SIZE=3] [/SIZE] [SIZE=3] I am not here promoting apostates, but there is no reason to kill someone who doesn't deserve to be killed. Certainly if the apostate is hostile toward the Muslims and joins the enemy in a war against them, [/SIZE][SIZE=3][COLOR=#008000]or tries to corrupt the Muslims in the Muslim lands by trying to convert them to his/her new deviant religion,[/COLOR][/SIZE][SIZE=3] then the matter becomes different. But if a Westerner today for instance embraces Islam for a while and then changes his position due to the overwhelming false anti-Islamic media, then certainly killing that person would be a grave sin and a big mistake.[/SIZE] [/QUOTE]
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