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Direct Link To This Post Posted: 30 March 2006 at 6:53pm
Originally posted by Mishmish Mishmish wrote:

If you have read the thread here, there are rulings from scholars that show that apostacy is not an automatic death sentence in Islam.

Your reference to that is ? I only ask because i'm in the middle of researching stuff.

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Direct Link To This Post Posted: 30 March 2006 at 7:02pm
[Dr Mohammad Hashim Kamali is Professor of Law at the International Islamic University Malaysia where he has been teaching Islamic law and jurisprudence since 1985. Among his other works published by the Islamic Texts Society is Principles of Islamic Jurisprudence.]

Mahmassani has observed that the death penalty was meant to apply, not to simple acts of apostasy from Islam, but when apostasy was linked to an act of political betrayal of the community. The Prophet never killed anyone solely for apostasy. This being the case, the death penalty was not meant to apply to a simple change of faith but to punish acts such as treason, joining forces with the enemy and sedition.

The late Ayatollah Mutahhari highlighted the incompatibility of coercion with the spirit of Islam, and the basic redundancy of punitive measures in the propagation of its message. He wrote that it is impossible to force anyone to acquire the kind of faith that is required by Islam, just as 'it is not possible to spank a child into solving an arithmetical problem. His mind and thought must be left free in order that he may solve it. The Islamic faith is something of this kind.'

Selim el-Awa discusses the issue of apostasy at length, declaring that 'there is an urgent need to reinterpret the principles contained in the Qur'an and Sunnah'. He cites the fact that the Qur'an is completely silent on the death penalty for apostasy, and that the evidence in the Sunnah is open to interpretation.

El-Awa elaborates that the death penalty in the Sunnah is not designed for apostasy per se but for high treason, or hirabah, that is, when apostasy is accompanied by hostility and rebellion against the community and its legitimate leadership. . .

The Prophet did not treat apostasy as a proscribed offense (hadd), but, on the contrary, pardoned many individuals who had embraced Islam, then renounced it, and then embraced it again. .
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Direct Link To This Post Posted: 30 March 2006 at 7:04pm
"Islamic scholars say the original rulings on apostasy were similar to those for treasonous acts in legal systems worldwide and do not apply to an individual's choice of religion. Islam advocates both freedom of religion and freedom of conscience, a position supported by verses in the Quran, Islam's revealed text, such as:

1) 'If it had been the will of your Lord that all the people of the world should be believers, all the people of the earth would have believed! Would you then compel mankind against their will to believe?' (10:99)
2) '(O Prophet) proclaim: 'This is the Truth from your Lord. Now let him who will, believe in it, and him who will, deny it.'' (18:29)
3) 'If they turn away from thee (O Muhammad) they should know that We have not sent you to be their keeper. Your only duty is to convey My message.' (42:48)
4) 'Let there be no compulsion in religion.' (2:256)

"Religious decisions should be matters of personal choice, not a cause for state intervention. Faith imposed by force is not true belief, but coercion. Islam has no need to compel belief in its divine truth. As the Quran states: 'Truth stands out clear from error. Therefore, whoever rejects evil and believes in God has grasped the most trustworthy hand-hold that never breaks.' (2:256)

"We urge the government of Afghanistan to order the immediate release of Mr. Abdul Rahman."

Before issuing its statement, CAIR consulted with members of the Fiqh Council of North America, an association of Islamic legal scholars that interprets Muslim religious law.
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Direct Link To This Post Posted: 30 March 2006 at 7:19pm

Answer by Dr. Jamal Badawi:

What is the punishment for apostasy in Islam and when should the apostate be killed?

Answer
There is no single verse in the Qur�an that prescribes a worldly punishment for apostasy. The Qur�an states the punishment only in the Hereafter. However, numerous verses in the Qur�an affirm freedom of religion and reject compulsion or coercion in religion; for example, see Chapter 2, verse 256.

In hadith, however, there are some texts signifying capital punishment for apostasy. However, scholars differed about the interpretation of these texts. Some made a distinction between apostasy which coupled with fighting against Muslims, committing a capital crime or committing an act of �high treason� against the state. According to this interpretation, capital punishment is because of these crimes, not mere leaving Islam. Other scholars made no such distinction. However, the first interpretation is supported by a number of other sound hadiths which show that when a man in Madinah apostated from Islam, the Prophet (peace and blessings be upon him) neither ordered his execution nor punished him in any other way, and when the man finally left Madinah, the Prophet (peace and blessings be upon him) never sent anyone to arrest him or punish him because of his apostasy.

If indeed the capital punishment for apostasy is a hadd (specified mandatory punishment) one would expect that the Prophet (peace and blessings be upon him) would be the first one to implement the law of Allah.

These hdadiths are reported in Al-Bukhari, the most authentic collection of hadith, in the book of Al-Ahkaam which is found in the English translation by M. Mohsen Khan, Volume 9, hadith number 316, 318, and 323, pages 241, 242, and 246. They are also reported in Fath Al-Bari, volume 13 under Kitab Al-Ahkam, hadith number 7209, 7211, and 7216.

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Direct Link To This Post Posted: 31 March 2006 at 4:42am

Bismillah irrahman irrahim

 

Assalamu alaikum

 

I am ever so sorry for putting up this link, I have a terrible habit of not reading intro or part about the author, lesson learnt inshaAllah in future wont happen

 

with my limited knowledge from reading some seerah books, books bout lives of our rightly guided caliphs and some info bout our four imams, I never had any other knowledge of punishment of apostasy, I had read work of Maulana Mawdudi and thought this was most comprehensive work done by new day�s scholar. To my surprise I found its translation on the web and let me tell u one of most accurate and eloquent translation of any work, although intentions of translators were whateva it was. Im trying to find another translation of same work from other websites if I could and inshaAllah will post that.

 

Now coming to matter in hand, dear sister an opinion of new day�s scholar is needed in matters where Holy Quran, Ahadith, Sunnah and for majority of scholars period of first four caliphs is quiet, then opinions of Imams are sought then its is checked whether there was ijtihaad on the matter or not, now some scholars say that Holy Quran has no clear verse to indicate the punishment, but there are ahadith, there are examples from life of Sayyidina Muhammad (saw), then examples from each Khalifah, and there was no difference among the four Imams, and matter of fact is issue was not for debate for a whole first 1000 years r so, so how come it popped up after all that time? U think new scholars found some thing of a religion which companions, tabi�n r generations after them dint have knowledge about?  Or we present generations feel more pain of people and are more sensitive than the person to whom Allah swt gave his own name of Rahim?  Just for ur own peace of heart check what these scholars are saying bout Jihaad I am quite sure they will be using examples from life of Sayyidina Muhammad (saw) to explain that some of the Ayaat which seems quite strict r not to be taken in their meaning. Right approach but wrong reasons. 

 

Alhamdulillah each n every one of us among ummah wants to spread this message but we shouldn�t try to sugar coat stuff r the matters which we cant explain brush em under the carpet. One blessing which will prove itself time n time again is Holy Quran, we need to tell it to people that first step would be realizing it is truth from Allah swt, which modern world has made some what easier with scientific discoveries, person who discovered about finger printing is alhamdulillah a muslim now cos of effort of muslim who wrote him a letter telling him bout first few Ayaat of Surah Qayyamah and how it is there for nearly fourteen centuries but due to lack of knowledge and understanding neva knew the meaning when Allah swt says to people who have doubts about resurrection that �Yes, We are able to put together in perfect order the tips of his fingers�.  This would prove the truthfulness of Sayyidina Muhammad (saw) and the fact that Allah is our lord and as our lord it is in his rights to make laws for us, some of em which we understand and some we don�t but it don�t mean that they are not to be followed

Here is a matter from life of Sayyidina Muhammad (saw) which shows how such matters should be dealt with

�To Allah belongs all that is in the heavens and all that is on the earth, and whether you disclose what is in yourselves or conceal it, Allah will call you to account for it. Then He forgives whom He wills and punishes whom He wills. And Allah is able to do all things�.  In this Ayah [2:284], Allah states that He has knowledge of what the hearts conceal, and consequently, He will hold the creation accountable for whatever is in their hearts. This is why when this Ayah was revealed, it was hard on the Companions, since out of their strong faith and conviction, they were afraid that such reckoning would diminish their good deeds.  Imam Ahmad recorded that Abu Hurayrah said, "When �To Allah belongs all that is in the heavens and all that is on the earth, and whether you disclose what is in yourselves or conceal it, Allah will call you to account for it. Then He forgives whom He wills and punishes whom He wills. And Allah is able to do all things�  was revealed to the Messenger of Allah , it was very hard for the Companions of the Messenger . The Companions came to the Messenger and fell to their knees saying, `O Messenger of Allah! We were asked to perform what we can bear of deeds: the prayer, the fast, Jihad and charity. However, this Ayah was revealed to you, and we cannot bear it.' The Messenger of Allah said �Do you want to repeat what the People of the Two Scriptures before you said, that is, `We hear and we disobey' Rather, say, `We hear and we obey, and we seek Your forgiveness, O our Lord, and the Return is to You.� When the people accepted this statement and their tongues recited it, Allah sent down afterwards �The Messenger believes in what has been sent down to him from his Lord, and (so do)the believers. Each one believes in Allah, His Angels, His Books, and His Messengers. (They say,) "We make no distinction between one another of His Messengers and they say, "We hear, and we obey. (We seek) Your forgiveness, our Lord, and to You is the return (of all).''  When they did that, Allah abrogated the Ayah [2:284] and sent down the Ayah, �Allah burdens not a person beyond his scope. He gets reward for that (good) which he has earned, and he is punished for that (evil) which he has earned. "Our Lord! Punish us not if we forget or fall into error.'') until the end.''

 Wassalam



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Direct Link To This Post Posted: 31 March 2006 at 2:01pm

Originally posted by Fatima Fatima wrote:

Now coming to matter in hand, dear sister an opinion of new day�s scholar is needed in matters where Holy Quran, Ahadith, Sunnah and for majority of scholars period of first four caliphs is quiet, then opinions of Imams are sought then its is checked whether there was ijtihaad on the matter or not, now some scholars say that Holy Quran has no clear verse to indicate the punishment, but there are ahadith, there are examples from life of Sayyidina Muhammad (saw), then examples from each Khalifah, and there was no difference among the four Imams, and matter of fact is issue was not for debate for a whole first 1000 years r so, so how come it popped up after all that time? U think new scholars found some thing of a religion which companions, tabi�n r generations after them dint have knowledge about?

Dear Sis Fatima, I don't think Quran is quiet over the issue of Apostasy. How can someone ignore clear verses of Quran where it categorically removes any ambiguity on the issue of compulsion of faith. Since "apostasy" as discussed on this issue of "Afghanistan", is clearly a case of compulsion of faith, I think, Quran does provide clear guidelines. Only in the absence of these guidelines, which are quite numerous on the subject in Quran, that one needed to go into other soureces. But the fact of the matter is, that Quran specifically states that there is no compulsion. If we forget about these verses, or as my traditional scholars has very convienently been declaring them "abrogated", only then we left with no choice but to accept their view. Since no sane person can think as how these verses of the Quran get "abrogated", therefore, their assertion is totally baseless based upon limited vision. 



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Direct Link To This Post Posted: 31 March 2006 at 6:51pm
Originally posted by AhmadJoyia AhmadJoyia wrote:

But the fact of the matter is, that Quran specifically states that there is no compulsion. If we forget about these verses,

and what about other verses, you just forget those to concentrate on others that you most perfer ?

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Direct Link To This Post Posted: 31 March 2006 at 6:53pm
Mishmash, I have things to say to your 3 lastest posts but I cannot at the moment for a couple of reasons, when i can, i post else where.
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