Dec 24, 2012

Murtad ارتداد Apostasy

Murtad or Apostasy in Islam
From Wikipedia, the free encyclopedia

Apostasy in Islam (Arabic: ردة‎ riddah, literally means: "relapse" or "regress" but usually translates to "apostasy", or ارتداد irtidād) is commonly defined in Islam as the rejection in word or deed of one's former religion (apostasy) by a person who was previously a follower of Islam. The Qur'an itself does not prescribe any earthly punishment for apostasy; Islamic scholarship differs on its punishment, ranging from execution – based on an interpretation of certain hadiths – to no punishment at all as long as they "do not work against the Muslim society or nation."[1]

The majority of Muslim scholars hold to the traditional view that apostasy is punishable by death or imprisonment until repentance, at least for adult men of sound mind.[2][3][4] Several contemporary Muslim scholars, including influential Islamic reformers have rejected this, arguing for religious freedom instead.[3][5][6][7] Converts from Islam to Christianity have likewise criticized the traditional position.[8] According to Islamic law apostasy is identified by a list of actions such as conversion to another religion, denying the existence of God, rejecting the prophets, mocking God or the prophets, idol worship, rejecting the sharia, or permitting behavior that is forbidden by the sharia, such as adultery or the eating of forbidden foods or drinking of alcoholic beverages.

continue @ wikipedia.org

Diskusi Hukuman Jenayah Murtad
Oleh : Ust. Hj Zaharuddin Bin Ab. Rahman
Web site : http://www.zaharuddin.net

Segala puji bagi Allah, pencipta sekalian alam, selawat dan salam buat junjungan mulia Rasulullah SAW. Serta ahli keluarganya dan para sahabatnya.

Penulisan ini akan menyentuh beberapa aspek :

1. Ayat-ayat Al-Quran yang berkaitan hukuman murtad.

2. Hadith sandaran hukuman Murtad.

3. Adakah ‘Istitab' (memberi tempoh dan menasihati si murtad agar tawbat) suatu kewajiban ?

4. Adakah hukuman wanita murtad sama seperti lelaki?.

5. Hukuman murtad boleh di tangguh kerana maslahat?

6. Hukuman Murtad tidak terpakai kerana sabit dengan hadith Ahad?.

Semua aspek akan disentuh secara ringkas, dan hanya akan mengambil isi perbincangan sahaja. Dalil-dalil setiap mazhab sukar untuk disertakan akibat panjang, lalu bolehlah bagi mereka yang berminat merujuk nama-nama kitab rujukan yang disenaraikan bagi penulisan ringkas ini.

AYAT-AYAT AL-QURAN YANG BERKAITAN HUKUMAN MURTAD.

Allah SWT berfirman : ertinya : " Barang siapa kafir kepada Allah sesudah ia beriman (dia mendapat kemurkaan Allah), kecuali orang-orang yang dipaksa kafir padahal hatinya tetap tenang dalam beriman (dia tidak berdosa), akan tetapi orang yang melapangkan dadanya untuk kekafiran, maka kemurkaan Allah menimpanya dan baginya azab yang besar".....(16:106).

Selain itu, Allah juga menegaskan : "......Mereka tidak henti-hentinya memerangi kamu sampai mereka (dapat) mengembalikan kamu dari agamamu (kepada kekafiran), seandainya mereka sanggup. Barangsiapa yang murtad diantara kamu dari agamanya, lalu ia mati dalam kekafiran , maka mereka itulah yang sia-sia amalannya di dunia dan diakhirat dan mereka itulah penghuni neraka dan mereka menetap disana." ( A-l-Baqarah : 217).

Allah juga menyatakan : " Bagaimana Allah akan menunjuki suatu kaum yang kafir sesudah mereka beriman, serta mereka telah mengakui bahwa Rasul itu (Muhammad) benar-benar rasul dan keterangan-keterangan pun telah datang kepada mereka? Allah tidak menunjuki orang-orang yang zalim."....(Ali Imran :86).

"Mereka itu balasannya ialah : bahawasanya laknat Allah ditimpakan kepada mereka (demikian pula) laknat para malaikat dan manusia seluruhnya".. ....... (Ali Imran: 87).

"Terkecuali mereka yang taubat, sedsudah kafir itu dan mengadakan perbaikan. Kerana sesungguhnya Allah Maha Pengampun dan Maha Penyayang.".......(Ali Imran :88).

"Sesungguhnya orang yang kafir sesudah beriman, kemudian bertambah-tambah kekafirannya, sekali-kali tidak akan diterima taubatnya dan mereka itulah orang-orang yang sesat"....( Ali Imran :90).

Walaupun di dalam al-Quran tidak memperincikan bentuk hukuman Murtad selain menyebut balasan akhiratnya tanpa menyebut hukuman dunia yang khusus. Ia bukanlah suatu perkara yang pelik kerana solat dan tatacaranya juga tidak didetailkan, maka di sinilah wujudnya Rasulullah SAW sebagai pencerah, penjelas dan perincian terhadap bentuk solat, maka demikianlah juga bentuk hukuman dalam hal bagi individu yang Murtad. Kumpulan anti Hadith dan penyokongnya kerap berhujjah bahawa hukuman murtad tiada di dalam al-quran, padahal mereka lupa, Allah SWT memerintahkan kita agar mentaati Rasul dan mengikutinya. Antara Firman Allah SWT yang memberikan maksud ini adalah :-

مَن يُطِع الرسولَ فقدْ أطاعَ الله

Ertinya : " Barangsiapa yang mentaati Rasulullah SAW maka ia telah mentaati Allah"
selanjutnya @ zaharuddin.net

Fatwa No : 85488
Punishment for apostasy
Fatwa Date : Thul-Qi'dah 24, 1423 / 27-1-2003

Question
What is the punishment of the apostate i.e. the Muslim who gives up his religion?

Answer
Praise be to Allah, the Lord of the Worlds; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions. Islam legislate capital punishment as a remedy to some obnoxious crimes. Indeed, those who commit such crimes deserve to be executed to purify them from what they did and reprimand those who may want to commit such crimes. Among the crimes whose doer deserves to be killed is Riddah (leaving Islam or disbelieving in one of its tenets). This punishment does not conflict with the freedom of religion which Islam guarantees for people because all people are searching for a good system that rules all aspects of their lives, a system that achieves their benefits, a system that gives them all their rights and a system that protects their lives, property and honor. This system is Islam, and in Islam only, because Islam is the religion of Allah, which was revealed for all mankind. Allay says: {And We have sent you (O Muhammad SAW) not but as a mercy for the 'Alamîn (mankind, jinns and all that exists).} [21:107]

So, all people must submit to Islam although it does not oblige them to join it. Allah says: {There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path…….} [2:256]. So, any disbelievers who choose to remain on their Kufr, can do so and Muslims should not harm them provided they do not harm any Muslim or break their covenant with Muslims. But this freedom to stay on one's religion does not make the disbeliever equal to the Muslim in this life nor the Hereafter. Allah says: {Or do those who earn evil deeds think that We shall hold them equal with those who believe (in the Oneness of Allâh Islâmic Monotheism) and do righteous good deeds, in their present life and after their death? Worst is the judgement that they make.} [45:21]

Since Islam is just and fair, it gives every member of the community what he or she deserves. This means that there must be a difference between the Muslims who back this system, stand by it and support it and the disbeliever. In fact, the Muslim is given priority in the Islamic country over the non-Muslim in this life and in the hereafter.

This is common among all countries, they do not treat their nationals like those who only reside on their land and who are not one of their nationals.

So, any person who enters Islam and then gives it up, commits a major sin for which he deserves to be beheaded because he left, by this act, the Muslim community, and betrayed himself. This treason to the Muslim community. So, such a person who apostates and defects from the community becomes, like a cancerous organ that has to be removed to avoid that the expansion of the disease reaches other organs. But, this mutilation should no take place except if there is no hope of treating it. The apostate is given a last opportunity to repent and return back to Islam before being executed. If he perseveres and refuses to return to what he has committed himself to, i.e. Islam, he is then executed. This is a retributive act and the apostate is then the one who harmed himself by sticking to his apostasy.

Even in countries where the death penalty is opposed serious acts against their constitutions may be punishable by death or life imprisonment. Apostasy from Islam (the religion of Allah) and rebellion against its system, which the person first chose freely and accepted without compulsion is much worse than rebelling against man-made systems and institutions which are fabricated and have nothing to do with absolute justice the Justice of Allah.

There are many evidences proving this.

Allah says: {…….And whosoever of you turns back from his religion and dies as a disbeliever, then his deeds will be lost in this life and in the Hereafter, and they will be the dwellers of the Fire. They will abide therein forever."} [2:217]

Al Sahfie took this verse as evidence for killing the apostate. Ibn Massoud narrated that the Prophet (Sallallahu Alaihi wa Sallam) said: "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims." Al Bukhari, Muslim and others.

Ahmad and Al Nassai reported from Aisha that the Prophet (Sallallahu Alaihi wa Sallam) said: "The blood of the Muslim should not be shed (he should not be killed) except in three situations: He or she who commits zina after having been married or disbelieves after becoming Muslim or kills a person and is killed as retribution." Among the evidences, we have also the consensus of the companions after the death of the Prophet (Sallallahu Alaihi wa Sallam) that anyone who changes his or her religion (Islam) should be killed.
Ibn Qudama said: 'All the scholars of Islam are agreed that the apostate is to be killed.' There is no difference in this rule between the man and the woman. But Abu Hanifa believes that the apostate woman should be jailed and forced to return to Islam but not executed. But the most preponderant opinion is that she is like the man in this rule.

It should be noted here that this punishment is carried out only by the Muslim authorities. So, no individual should give himself the right to act on behalf of the authorities.

The apostate is first told to repent and given three days to decide. If he confesses in front of a Qadi, who has the necessary authority to apply the death penalty, that he does not want to repent, then he is executed.
Allah knows best.

Fatwa No : 92447
Apostasy in Malaysia
Fatwa Date : Sha'baan 25, 1427 / 19-9-2006

Question
Assalaamu 'alaikum wbt., What is the best method to handle the rising tide of apostasy (murtad) in Malaysia? The Mufti of Perak (a state in Malaysia) is reported to have said that the number of murtad is Malaysia is rising amongst the indigenious Malays to about 250,000. The number of Muslims in the country is about 55% of 25 million. Your valued opinion or fatwa on this matter is most appreciated. Jazakallahu khairan kathiran. Thanks. Best regards.

Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

The reason of the apostasy of some Muslims nowadays is due to two things:

1- Ignorance: The Muslims are ignorant regarding their religion and have misconceptions about it, in addition to not knowing the seriousness of apostasy. Moreover, the inability of the callers to Islam to fulfil their main obligation of conveying and teaching people their religion is the main reason of the spread of ignorance among the Muslims. In addition to this, the enemies of Islam, like the Christian missionaries and those like them, are steadfast in spreading their wrong beliefs.

2- The spread of poverty and the need for money: the organizations which call to falsehood lure the Muslims by fulfilling their worldly need and helping them materially by providing them with some of the pleasures of this worldly life. This is indeed a misguidance caused by following one's desires; the cause for this is the negligence of some Muslim Charity Organizations and the wealthy Muslims who do not fulfil their obligation of helping their Muslim brothers.

Therefore, the most important way of encountering apostasy is to spread beneficial knowledge and enlighten the Muslims with the matters pertaining to their religion and provide them with financial support. Thus, help from all sources should be gathered: from the callers to Islam, the scholars, the Muslim Charity Organizations inside and outside the country.

For more benefit on how to encounter the Christian missionaries, please refer to Fatwa 88668, and refer to Fatwa 87672 on how to call an apostate back to Islam.

Allaah Knows best.

Fatwa No : 90878
Death as a punishment for apostasy
Fatwa Date : Thul-Qi'dah 17, 1426 / 18-12-2005

Question
My question is why is apostasy punishable by death in Islam? Are apostate woman and children also liable to be killed without impunity? Kindly answer this question of mine.

Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.

The corporal punishment that should be implemented on an apostate is death as the Prophet said: "Whoever changes his religion, kill him." However, it is only the Muslim ruler who may inflict this punishment of killing an apostate, and it is not any person who may do this as this will lead to affliction and anarchy. The corporal punishment of a person who apostates, is death because Allaah legislated so, and we cannot object His Decree. Allaah Says (which means): {It is not for a believing man or a believing woman, when Allaah and His Messenger have decided a matter, that they should [thereafter] have any choice about their affair. And whoever disobeys Allaah and His Messenger has certainly strayed into clear error.}[Quran 33:36]. Moreover, this apostate knew the greatness of Islam and that it is the true religion, but then he rejected it and abandoned it just because of following his desires and following the devil, so he deserves to be killed.

An apostate who should be killed is an adult, sane person who chooses to do so, whether it is a man or a woman; there is a consensus of the scholars with regard to a male apostate, but in relation to a female apostate, it is the view of the majority or the jurists.

As regards a young child who apostates, it is not permissible to kill him until he becomes an adult. If he persists on disbelief as an adult, then he should be killed, but if he embraces Islam again, then he should not be killed. For more details, please refer to Fatwa 85488.

Allaah Knows best.

other fatwa on Murtad @ islamweb.net


Fatwa no 811
Why death is the punishment for Apostasy

Assalamualaikum

This question has bees asked several time from non-Muslims and I want to find an answer: Why When the Muslim convert to another religion(Murtad) he/she should be killed ?
Praise be to Allaah.

Your question may be answered by the following points:

(1) This is the ruling of Allaah and His Messenger, as the Prophet (peace and blessings of Allaah be upon him) said: "Whoever changes his religion, kill him." (reported by al-Bukhaari, al-Fath, no. 3017).

(2) The one who has known the religion which Allaah revealed, entered it and practised it, then rejected it, despised it and left it, is a person who does not deserve to live on the earth of Allaah and eat from the provision of Allaah.

(3) By leaving Islaam, the apostate opens the way for everyone who wants to leave the faith, thus spreading apostasy and encouraging it.

(4) The apostate is not to be killed without warning. Even though his crime is so great, he is given a last chance, a respite of three days in which to repent. If he repents, he will be left alone; if he does not repent, then he will be killed.

(5) If the punishment for murder and espionage (also known as high treason) is death, then what should be the punishment for the one who disbelieves in the Lord of mankind and despises and rejects His religion? Is espionage or shedding blood worse than leaving the religion of the Lord of mankind and rejecting it?

(6) None of those who bleat about personal freedom and freedom of belief would put up with a neighbour’s child hitting their child or justify this as "personal freedom," so how can they justify leaving the true religion and rejecting the sharee’ah which Allaah revealed to teach mankind about His unity and bring justice and fairness to all?

We ask Allaah for safety and health. May Allaah bless our Prophet Muhammad .

Islam Q&A
Sheikh Muhammed Salih Al-Munajjid

islamqa

Is Killing An Apostate in the Islamic Law ?

by Ibrahim B. Syed, Ph. D.
President, Islamic Research Foundation International, Inc.
Louisville, KY 40242-6462, U.S.A.

Ridda or Irtidãd: Literally means "turning back". The act of apostasy -- leaving Islam for another religion or for a secular lifestyle.

Murtadd: Literally means "one who turns the back." An apostate.

Murtad Fitri: Literally means apostate - natural. A person born of a Muslim parent who later rejects Islam.

Murtad Milli: Literally means apostate - from the community. A person who converted to Islam and later rejected the religion.

Due lack of education and critical thinking several myths have taken root in the Muslim world over the ages, and there have not been any efforts in the past to clear these doubts. On the contrary, there has been a sort of effort to strengthen these myths and misconceptions. These misinterpretations of Islamic teachings have taken their toll on the Muslim world and have strengthened a misplaced perception that Islam is a symbol of obscurantism, a religion of intolerance and answers everything with the sword.

continue @ irfi.or

Sheikh al-Huwayni
The Penalty for Apostasy

Punishment for Apostasy in Islam
Dr Zakir naik


Islamic Ruling on Apostasy
Sheikh Bilal Philips

DIETdiscoverislam

Sermon On Beheading Apostates

NowLearnAboutIslam1




precaution: some of the above speeches were translated from Arabic 
and the translation accuracy can not be sure

Islamic Fatwa: Death Penalty for Apostasy
Since the Rifqa Bary case has become public, many muslims in the western world are either deceptively, or ignorantly, claiming death is not a proper penalty for apostasy from islam.

This document is from the University of Al-Azhar in Cairo, one of the highest authorities on islamic law in the sunni world.

Rough translation as provided by http://atlasshrugs2000.typepad.com/atlas_shrugs/2009/09/rifqa-bary-death-threat-exhibit-a-the-document-fatwa-death-penalty-for-apostasy.html:

In the Name of Allah the Most Beneficient the Most Merciful.

Al-Azhr

Council of Fatawa.

This question was presented by Mr. Ahmed Darwish and brought forward by [name obscured] who is of German nationality.

A man whose religion was Islam and his nationality is Egyptian married a German Christian and the couple agreed that the husband would join the Christian faith and doctrine.

1) What is the Islamic ruling in relation to this man? What are the punishments prescribed for this act?

2) Are his children considered Muslim or Christian?

The Answer:

All praise is to Allah, the Lord of the Universe and salutations on the leader of the righteous, our master Muhammed, his family and all of his companions.

Thereafter:

This man has committed apostasy; he must be given a chance to repent and if he does not then he must be killed according to Shariah.

As far as his children are concerned, as long as they are children they are considered Muslim, but after they reach the age of puberty, then if they remain with Islam they are Muslim, but if they leave Islam and they do not repent they must be killed and Allah knows best.

Seal of Al-Azhr

Head of the Fatawa Council of Al-Azhr.

Abdullah al-Mishadd (عبد الله المشد‎)

23rd September 1978.


liveleak.com
precaution: the above is translation from Arabic and the translation accuracy can not be sure

Kufr Occurs by Beliefs, Statements and Actions
by Abu 'Iyaad as-Salafi
Source: Madakhilaah

Imaan an-Nawawi said in "Kitaab ur-Riddah" (The Book of Apostasy), "It is the cutting off of Islaam. This occurs sometimes by a statement which constitutes kufr, and sometimes by an act. And the actions which necessitate kufr (that expel from the religion) are those which are performed deliberately, and mocking the religion is clear [in this regard], such as prostrating to an idol or to the sun, or throwing the Qur-an into filth, and the magic which involves worshipping the sun and other such acts."[1]

Ibn al-Qayyim said, "And likewise, the branches of kufr (amongst them are) those which are statements and those which are actions. And just like a person can fall into disbelief (that expels from the religion) by wilfully saying a word constituting disbelief, and which is a branch of disbelief, then likewise, he can fall into disbelief (that expels from the religion) by doing an act of kufr, from amongst its branches that are actions, such as prostrating to an idol, belittling the mus-haf. So this is a principle"[2]

continue @ salafiyyah-jadeedah


The state of apostasy
In 1994 I lost a considerable amount of money on the stock market and went through financial hardship, therefore became very angry towards Allah. I swore at Allah, spat at the Quran and threw it on the floor. I was still living with my wife. I later repented for my act and pronounced the Shahadah again. I have been told that my Nikah was nullified. Is this true?

The act of ' I swore at Allah, spat at the Quran and threw it on the floor' is an act of apostasy and invalidates your marriage, as a murtad is not a Muslim as long as he is in the state of apostasy. However you can re-marry after you take the Shahadah again.As for you living with your wife, whatever time has passed in ignorance may Allah forgive you and you need not think you were in sin.

May Allah forgive us all and Allah Knows best. 

APOSTASY IS NOT HUMAN RIGHTS
Mohd Aizam Mas‟od
Aqidah Division, JAKIM Research Department

Malaysia is an Islamic Country. Article 3(1) of the Federal Constitution states that Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation. While Article 11 of the Constitution states, “Every person has the rights to profess and practice his religion and, subject to Clause (4), to propagate it.” It is clear from these provisions that Muslims have the rights to profess and practice Islam as their way of life. Clause (4) states that law can be made to control or restrict the propagation of any religious doctrine or belief against Muslims.

This means Islam in Malaysia is unlike the Pancasila in Indonesia. According to the principles of Pancasila, no single religion has the rights to monopolise the lives of its citizens. The practice is different from Islam in Malaysia that has been given the rights and a special provision in the Constitution. At the same time, Islam does not restrict the freedom of the non-Muslims to practise their religions freely. Nevertheless, it does not mean that the freedom is absolute as it is still subjected to Article 11(4) whereby the religions should not be propagated to the Muslims. In another area, the freedom of human rights is also guaranteed by the Constitution under Part Two. However, it is subject to certain conditions such as public order, public health and public moral which constitute the people‟s rights.

At the international level, the crusade for human rights has become a holy agenda. In fact, it had become even holier than the religion professed by its supporters. Human rights have gained its place internationally through The Universal Declaration of Human Rights 1948 (UDHR 1948). The declaration was proclaimed by the United Nations, which has most of the liberated countries in the world as its members. The Europeans are amongst the community in the world that strongly supports the crusade for human rights to the extent that they established The European Convention on Human Rights in 1950. It is legally binding for the countries in the European Union.
The passion that drives the West in their fight for human rights caused a few to forget that there are rights there that are being violated. The Muslims‟ rights are among them. Muslims reject several articles in the UDHR 1948 because their rights to practice their religion are being threatened. Article 16 (1) of the UDHR 1948 states: “Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution”. For Muslims, the statement contradicts the Islamic Law that has clear guidelines and rules related to marriage. Article 18 states, “Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance ”.
According to Islam, Article 18 cannot be accepted as it clearly violates the rights of Muslims to practise Islam. Islam has determined that the first purpose (maqsad) of the Islamic Law is to preserve the religion. Therefore, if Muslims are allowed to embrace as well as leave the religion freely, then the rights of the Muslims to preserve their religion has been violated. Islamic ruling has defined that to leave the religion or to become an apostate is a grave crime and the person has to be tried and punished. The act of apostasy involves public interest, specifically the honour of the religion and Muslims in general. As such, it is no longer just individual rights involved.
Nobody could accuse that Islam has violated individuals‟ rights to choose a religion. Is it not true that UDHR 1948 was established on the basis of protecting the public before the individual? If individual rights are given top priority, then why do governments all over the world enact legislation for their countries? Is it not the legislation is formed to restrict individual freedom that is defined by law as misconduct? In fact, there is a special clause in the UDHR 1948 under Article 29 (2) that states, “In the exercise of his rights and freedoms, everyone shall be subjected only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society”.
The same is applied in Islam. The Islamic law has defined that apostasy is a crime; therefore, it cannot be listed under individual human rights! This is about the sacredness of the religious doctrine. If amongst the followers of another religion go against the belief and doctrine of their religion, would the rest of the followers not be offended ?
The phenomenon is not difficult to understand if there is an understanding between the Muslims and the non-Muslims. Otherwise, they will accuse the other religion as violating the human rights principles. In the Malaysian context, Section 4(4), Human Rights Commission of Malaysia Act 1999 (Act 597), has the provision that for the purpose of this Act, reference shall be made to the Universal Declaration of Human Rights 1948 to the extent that it is not against the Federal Constitution. Therefore, Article 3(1) of the Federal Constitution has specified that Islam is the religion of the Federation, and this is further supported by Article 121(1A) that states, “The courts referred to in Clause (1) shall have no jurisdiction in respect of any matter within the jurisdiction of the Islamic Law courts” must be respected and understood by all parties.
Thus, it is surprising that there are still individuals and organisations that continue to badger the government into giving the freedom to leave Islam under the pretext that it is allowed under the Federal Constitution even though they understand that apostasy is a crime under the Islamic Law. It is true according to Article 18, the UDHR 1948 has stated that everyone is free to choose and change his religion at any point of time. Nevertheless, such act is against the Islamic Law that has been given a special position by the Constitution. Preserving the religion is a matter of high importance in Islam in order to ensure the harmony of the country and its community. Collectively, persons abandoning Islam are considered as saboteurs of the country and the Muslim community.
A matter that needs to be understood by all is that there is no human rights violation issue if the Islamic penalisation is enforced onto Muslims who apostatised. The acts of apostasy that are being penalised are only to those that have been declared and made known to the public. According to al-Buti, had the apostates kept quiet and did not reveal their actions to the public, then the worldly punishment cannot be enforced onto them since the general method practised by the Islamic rulers are to take actions only on what can be seen, whilst matters of the spirit should be left to Allah s.w.t. who will penalise them accordingly in the Hereafter. (al-Buti, Sa‟id Ramadhan, Dr. (2004), Hurriyah al-Insan fi Zill „Ubudiyyah Li-Allah . Damsyik: Dar al-Fikr, page 85)
These matters are not uncommon since apostasy could happen not only in the most common way understood by the public, whereby a person professing Islam no longer believes in his religion. Such may also occurs in other ways as mentioned by the thinkers of Islam. Among the ways are when Muslims give the rights of deciding the rules and laws (al-hakimiyyah) to other than Allah s.w.t.; despising any of the systems that exist in Islam; convinced that the laws made by men are the best and that Islamic Laws are outdated; being in favour of other system or believe that they are equal; mocking anything that come from the al-Quran and al-Sunnah, or Islamic teachings (syiar); ridiculing the personality of Rasulullah (peace and blessings be upon him); making lawful (halal) what is forbidden (haram) by Allah s.w.t. or vice versa; and many others. („Ulwan, „Abdullah Nasih, Dr.(1988), Hurriyah al-I‟tiqad fi al-Syari‟ah al-Islamiyyah. Kaherah: Dar al-Salam, page 78-95; Ahmad Rasyad, Dr. (1998), Hurriyah al-„Aqidah fial-Syari‟ah al-Islamiyyah . Kaherah: Itrak li al-Nasyr al-Tawzi‟, page 334-339)
If a person‟s apostasy is announced to the public and his new faith advertised, then the person had declared an attack in the form of perceptions (al-harb al-fikriyyah) on Islam and its belief. His action will raise or plant seeds of doubts in the hearts of the other Muslims. At such time, the act of apostasy should not be seen from the angle of individual rights to change his religion, but from the aspect of the presence of “hirabah‟‟ element which is an attack on the fundamentals of religion that is the pillar of an Islamic government. Therefore, immediate steps should be taken to start the process of providing explanation to clear the person‟s doubts, asking him to repent and should he remain defiant and insist to apostate, the end is a death penalty on the grounds of “hirabah‟‟ (al-qatlu hirabatan). This means, apostates are not executed because of their infidelity but on the grounds of hirabah. (al-Buti, 2004:85-87).
This is clear based on verse 33 of surah al-Ma„idah which means: “Indeed, the penalty for those who wage war against Allah and His Messenger and strive upon earth [to cause] corruption is none but that they be killed or crucified or that their hands and feet be cut off from opposite sides or that they be exiled from the land...”. Even though the verse is defined by most Islamic scholars as a verse to carry out punishment on criminals and robbers, it cannot be denied that the public act of apostasy is an act that wage war against Allah s.w.t. and His Messenger (peace and blessings be upon him). As such, a few of Salaf scholars hold the opinion that the punishment to execute an apostate is taken from this verse too, apart from the sound hadiths that serve to clarify the matter. Among those who said as such was Abu Qilabah and the others. (Refer to Ibn Rajab al-Hanbali, Jami‟al-„Ulum wa al-Hikam, page 32; and Dr. Yusuf al-Qaradawi (1993), Malamih al-Mujtama‟ al-Muslim Allazi Nansyuduhu , Kaherah: Maktabah Wahbah, page 41)
However, lately there are also apostasy cases arising from divorce, ignorance, and others that are said to be personal in nature. Among the cases that shocked the country was one decided by the Islamic Law High Court of Penang on 8 May 2008, allowing a Muslim convert Siti Fatimah Tan Abdullah to leave Islam. Siti Fatimah claimed that she only converted to Islam in order to marry an Iranian, Ferdoun Ashanian. She had never practised the teachings of Islam but continued to practise her original belief which was Buddhist. Siti Fatimah‟s attorney, Ustaz Ahmad Jailani described the request put in by Siti Fatimah was not about her leaving Islam but more towards a request to determine the status of her religion. Whatever may be the argument decided by the Court, we have to respect the decision made on the basis of upholding the principle of justice. But questions still arise among the non-Muslims, does Islam today acknowledge apostasy as human rights ?
In this matter, it is better for us to refer to another case that happened in Egypt recently. The scenario was not much different. It occurred when the judiciary body of Egypt requested a fatwa from al-Azhar University regarding a request made by a former Coptic Christian who converted to Islam out of personal interest, such as to marry for the second time or to divorce his wife (which is forbidden in their religion), and once his interest is fulfilled, he apostate and reconvert to his original religion.
Thus, al-Azhar University through the Head of the Fatwa Committee, Sheikh Abdul Hamid al-Athrash issued a fatwa (ruling) that non-Muslims who converted to Islam for personal gain, and he apostated after the interest is reached, has committed a grave crime and cannot be met with leniency. All apostates must accept the syar‟i punishment according to the limits set by jumhur ulama, after they are asked to repent. Should anyone voice out that the matter is against the freedom of any religion principle, the opinion is ruled out since Islam does not force anyone to embrace the religion.
Syeikh al-Athrash gave a reminder for anyone with the intentions to convert to Islam, it has to be out of absolute faith in the religion and total conviction of its principles, since after converting and becoming a Muslim, one is not allowed to leave. The fatwa indirectly indicates that Syeikh al-Azhar has retracted his earlier statement that said there is no punishment for non-Muslims who have converted to Islam and then apostated. Syeikh al-Azhar‟s fatwa received a lot of pressures from civil organisations and human rights activists. At the same time, it showed that al-Azhar does not sacrifice syar‟i law under any circumstances. http://www.alarabiya.net/articles/2008/01/19/44427.html
Al-Azhar‟s fatwa clearly indicates that the Islamic scholars are always consistent in stating that apostasy is a crime and apostates must be punished. Even though the fatwa does not state the form of punishment, what is certain is that, punishment must be carried out to apostates that had voluntarily converted to Islam earlier. There is no violation of religious freedom since Islam does not force anyone to convert to the religion. Therefore, the case that had been decided by the Islamic Law High Court of Penang cannot be the basis for the claim that Islam allows apostasy or that Islam acknowledges apostasy as one of the rights of its followers. These claims are made by a few non-Muslim political leaders not long after the Court made its ruling. The reason the Court allowed the defendant to leave Islam was because she has never practised the Islamic teachings since converting in 1999, meaning, it was not because of the defendant‟s human rights.
In conclusion, Islam is a religion that is very realistic. Islam acknowledges the freedom of human rights, but Islam views it from the scope that men are but servants to the Mighty Creator, Allah s.w.t. Islam identifies the limits of humanity. Anything that is within the characteristics of humanity will not be denied, in fact, it is commanded even if it is not legislated as human rights. While, anything that is beyond the boundaries of humanity is forbidden by Islam even if the human rights supporters claim it is a violation to the freedom of mankind.
In retrospect, the fight for human rights designed by the West is one that is relative. In fact, it is a mere pawn to the religious secular and liberals there. Therefore, Islam will never accept the human rights based on the understanding of the Western‟s world view. Human rights are never sacred, only men have claimed that they are. As for religion, it is a revelation that is delivered by the Almighty to mankind as a guide. Most religions acknowledge this. Even though the religion is not held in high esteem or sacred by men, the essence of religion itself is sacred. Hence, it is the rights of all Muslims to protect the sacredness of their religion. The crimes of its followers will tarnish the purity of Islam. Apostasy is among the gravest crime according to Islam. As such, apostasy is not a right, it is forbidden (haram) by Islam. Hence, any apostate who refuses to repent must be punished.

islam.gov.my

13. The ruling on enunciating the Shahadah

Q: Does mere articulation of Shahadah (Testimony of Faith) protect render one's blood and property inviolable? Is it sufficient to utter Shahadah without knowing the meaning of it? Does uttering Shahadah entail admitting the utterer into Jannah (Paradise) and save them from the Hellfire?

A: The phrase 'La ilaha illa Allah, Muhammadun rasul-ul-llah (There is no god but Allah and Muhammad is the Messenger of Allah)' constitutes the foundation of faith. One who utters these words will be rightfully called a Muslim whose blood may not be legally spilt and whose property may not be lawfully seized. One must be taught the meaning this phrase, and if one accepts its embodied truth and becomes an upright Muslim, it is a testimony of their honesty and truthfulness. However, the confession of Shahadah is of no benefit if one continues to worship idols, trees, stones or dead people; or continues to ridicule and insult Islam, or commits any other act that nullifies their belief in Islam. They would then be considered Murtad (apostate). Therefore, one who enunciates Shahadah is considered a Muslim unless they commit an act which renders them Murtad.

(Part No. 1; Page No. 51)

The Prophet (peace be upon him) stated: Whoever changes their faith, kill them Thus, a Kafir (disbeliever) who declares Shahadah will be judged as a Muslim, since this was the general rule during the Prophet's lifetime. This has been authentically established in the Hadith narrated by Usamah and similar Hadiths narrated by Ibn `Umar and Abu Hurayrah that the Prophet (peace be upon him) said: I have been commanded to fight against the people until they bear witness that there is no god but Allah and that I am the Messenger of Allah. If they do so, their blood and property will become inviolable, unless they commit a sin that violates it. Another narration of this Hadith reads, ... unless they commit a sin that is punishable under Islam .

The Hadith means that by fulfilling the essential requirements of Shahadah, one is guaranteed protection of one's life and property as well. If one continues to adhere to Allah's Din (religion of Islam), they are treated like any other Muslim. However, their confession of Shahadah is of no avail if they continue their polytheist practices. The Munafiqun (those who claim to be Muslims yet conceal their disbelief) will dwell in the depths of the Hellfire despite their proclamation of faith. They will enter the Hellfire because they did not act upon Shahadah, and rather denied Allah and His Messenger. Allah (Glorified be He) revealed the following Ayahs (Qur'anic verses) concerning them: If you ask them (about this), they declare: "We were only talking idly and joking." Say: "Was it at Allâh (عز وجل), and His Ayât (proofs, evidence, verses, lessons, signs, revelations) and His Messenger (صلى الله عليه وسلم) that you were mocking?"Make no excuse; you disbelieved after you had believed. If We pardon some of you, We will punish others amongst you because they were Mujrimûn (disbelievers, polytheists, sinners, criminals.).

(Part No. 1; Page No. 52)

Some people, however, claim themselves to be Muslims and practice Islamic rituals along with true Muslims, yet they manifestly mock the Messenger and Islam. It was for this reason that Allah revealed the following Ayahs: If you ask them (about this), they declare: "We were only talking idly and joking." Say: "Was it at Allâh (عز وجل), and His Ayât (proofs, evidence, verses, lessons, signs, revelations) and His Messenger (صلى الله عليه وسلم) that you were mocking?"Make no excuse; you disbelieved after you had believed. If We pardon some of you, We will punish others amongst you because they were Mujrimûn (disbelievers, polytheists, sinners, criminals.).

Here, scholars have unanimously agreed that whoever commits a sin that nullifies their Islam will be considered apostates, even if they bear witness that there is no god but Allah and that Muhammad is the Messenger of Allah, offer Salah (Prayer) or observe Sawm (fasting). This is because Shahadah becomes effective only when one fulfills its essential requirements. If one fails to meet these requirements, their Shahadah will be of no avail to them. Help is to be sought from Allah Alone.

(Part No. 1; Page No. 53)

14- Pronouncing Shahadah suffices to enter Islam

Q: Does mere pronouncement of Shahadah (Testimony of Faith) suffice for a person to be rightfully called a Muslim, or does one have to do other things in order for their Islam and Iman (faith) to be complete?

A: It is enough for a non-Muslim to pronounce the first pillar of Islam, that is, to bear witness that La ilaha illa Allah (there is no deity but Allah) and Muhammad is the Messenger of Allah to be rightfully called a Muslim provided that this testimony is pronounced out of one’s certainty, knowledge, true belief, and sincere work. A person will then be asked to perform Salah (Prayer) and observe other acts of `Ibadah (worship). When the Prophet (peace be upon him) sent Mu`adh (may Allah be pleased with him) to Yemen, he said: Invite them to bear witness that La ilaha illa Allah and Muhammad is the Messenger of Allah. If they do that, then inform them that Allah has made it obligatory upon them to offer the Five Obligatory Daily Prayers. If they obey, then inform them that Allah has made it obligatory upon them to pay Zakah (obligatory charity) which is taken from the rich among them and distributed among the poor. The Prophet (peace be upon him) did not ask Mu`adh to command them to offer Salah until their Tawhid (monotheism) and Iman in the Messenger of Allah (peace be upon him) were firmly established. First of all, they are required to declare the Oneness of Allah and believe in Muhammad as the Messenger of Allah. Once they embrace Islam, the former Kafir (disbeliever) will hold the same rulings applied to Muslims. Then they will be required to offer Salah and perform all other religious acts. If they refrain from performing these acts, other rulings will be applicable to them.

(Part No. 1; Page No. 54)

For example, if they abstain from offering Salah, they are given the chance to offer Tawbah (repentance). Otherwise, the Muslim ruler may punish him by capital punishment. If they arrogantly refuse to pay or and fight for that, they will also be fought. This is based on the fact that the Sahabah (Companions of the Prophet Muhammad) fought those who denied Zakah. If they deny Sawm (fast), the Imam (ruler) may inflict Ta`zir (discretionary punishment) on them in a way that serves as a deterrent for them. The same applies to abstention of performing Hajj in case a person is financially and physically capable of performing it. This ruling is applicable to all sins which are liable to Ta`zir or Had (ordained punishment for violating Allah's Law). In conclusion, a person will be considered as having embraced Islam once they declare Shahadah whereby they will be treated as Muslims. If they die soon after declaring Shahadah, they will dwell in Jannah (Paradise). For example, if they embrace Islam after sunrise and die before they can offer the Zhuhr (Noon) Prayer, they will be regarded as Muslims though they have not performed any Salah. This was the case with some of the Sahabah who were killed on the battlefield soon after they embraced Islam. They belong to the dwellers of Jannah, even though they did nothing except having declared Allah's Oneness and believed in the Messenger of Allah. However, if they live until the time of Salah is due, they will be commanded to offer it. If they amass wealth which reaches Nisab (the minimum amount on which Zakah is due), they will be commanded to pay Zakah. They will also be required to observe Sawm if they witness the month of Ramadan. They will also be obliged to perform Hajj if they have the means. In general, they will hold the same rulings applied to Muslims whether those related to this life or the Hereafter. They will be obliged to fulfill all the duties of Islam. However, if they die before the time of Salah has become due, they will be regarded as Muslims and shall be consigned to Jannah. In case of their persistent refusal to offer Salah, they will be treated as Kafirs. This is the view held by a large number of scholars. Other scholars hold that they

(Part No. 1; Page No. 55)

will be considered as having committed minor Kufr (disbelief that is not tantamount to taking the Muslim out of Islam). Although they will have to be put to death, they will not be considered as having committed major Shirk (disbelief that takes the Muslim out of Islam). The same applies to abandoning Zakah or Sawm. The correct opinion is that whenever a person abandons Salah intentionally, they are regarded as having denied its obligatory status. Accordingly, they will be executed according to the correct view maintained by scholars. The majority of Fuqaha' (Muslim jurists) hold the view that they will be considered disobedient Muslims. This is the view held by the majority of later Fuqaha'. However, `Abdullah ibn Shaqiq Al-`Uqaily reported that the Companions were unanimous on the fact that whoever abandons Salah will be considered as having committed Kufr.

(Part No. 1; Page No. 56)

15- Ruling on uttering the two Shahadas before one's death

Q: The questioner Abu Ahmad asks: "If one never performs Salah (prayer) during his lifetime and is granted success to utter the two Shahadas (Testimonies of Faith) before passing away, will they become a Muslim and be treated in the hereafter as a Muslim, and be resurrected with Muslims?"

A: If one utters it out of Tawbah (repentance to Allah) and embracement of Islam, Allah will pardon their previous sins. Shahadah will be accepted if one utters it out of Tawbah, Tawhid (belief in the Oneness of Allah) and sincerity while they are acquainted with its meaning, rejecting Shirk (associating others with Allah in His Divinity or worship) and sins sincerely. This is the true Tawbah by which Allah wipes out past sins. However, if one utters it as a habit, it will not benefit them if they die as Mushriks (those who associate others with Allah in His Divinity or worship). This means that they used to say it during their lifetime and before their death while insisting on worshipping graves, asking the dead for help and committing sins. They do not say it out of Tawbah and abstention from sins. Uttering Shahadah, in this case, will avail them nothing. They are similar in this regard to the hypocrites who utter it while sticking to their Kufr (disbelief) and hypocrisy. Also, they resemble grave worshippers who utter it in their gatherings, while they are worshiping the dead, asking them for help, vowing for them, and sacrificing animals for their sake like the worshippers of Al-Badawy, Al-Husayn, Shaykh `Abdul-Qadir and others.

(Part No. 1; Page No. 57)

alifta.com


Apostasy and its Classification in Yusuf Al-Qardawi's View
Fatwa, posted 1.7.2011, from Ireland, in:
Apostasy, Criteria to Declare-
Apostasy: Punishments for Apostasy

Religious Authority: Yusuf al-Qaradawi

Websites and Institutions: European Council for Fatwas and Research, (Dublin, Ireland)

Human faith is a matter of conviction and submission and to a great extent based on human reasoning and understanding by which the faith could be justified and elaborated. Therefore the religious faith is not only deeply rooted in human hearts but also in their minds and both may affect each other. As human minds and reasons are subject to change and transform from a state to another or could be affected by external factors, man's perception and adherence to a religion may change even shift to that opposes his previous faith if some opposite assumption occurred in his mind. Such a practice of human experience is not something new in our time, but it happened to all religious followers in the past, irrespective of their race, state of mind, and religious identity. The change in religious belief and identity has been referred to in religious terminology as apostasy.

Although apostasy is a common phenomena in all religions, it is considered by all religious authorities to be a hateful event and it is criticized by all, for it undermines the foundation of every religion and destroys the integration and unity of the community. The first apostasy case in Islam happened right after the death of the prophet Muhammad in 632 AD, and was quickly put down by his successor Abu Bakar, the first caliph of the Islamic state. From that time continuing to the present, apostasy has continued in Islamic countries, and this fact has made authorities vigilant and fearful to the matter. So verdicts about apostasy were made, punishments were prescribed, and opinions were articulated around it a long time ago.

As apostasy cases continue to be frequently reported in the contemporary Islamic world, scholars are reminded of its dander and destructive consequence to Islam. These scholars are repeating the previous verdicts, with some new perceptions originated from the new context. Among them, Yusuf Al-Qardawi is one of those prominent figures who has came up with a new articulation and classification to help us to grasp its reality and its danger, as well as the wisdom behind opposing apostasy. He also has devised a new classification of apostasy which has made its punishment slightly different from the traditional one. His work, "Crime of Apostasy and Its Punishment in The Light of The Quran and Sunnah," exclusively deals with the issue.

According to Al-Qardawi's view, the Islamic faith rests on two portions of the testimony of the faith: to testify that there is no god but Allah, and to testify that Muhammad is messenger of Allah. The two portions are interrelated and should not be separated from one another. The first portion embodies a Muslim's view on the universe and its lord, on nature and beyond, on life and the hereafter, and on the visible world and unseen world. These views establishe a sense of the real existence and oneness of God. It implies that the source of the universe and what lies within it is not other than God, and that everything does not come into being by itself but rather is created by a wise, powerful, and omniscient creator who is unique in his essence, his attributes, his acts, and he has no partner in his wills and his deeds. Al-Qardawi quoted the following verses of the Quran to articulate the essential belief of the oneness of God in Islam:

"Say: He is God, the One and Only; God, the Eternal, Absolute; He begetteth not, nor is He begotten; And there is none like unto Him" (Al Ikhlas: 1-4)."If there were, in the heavens and the earth, other gods besides God, there would have been confusion in both! "(Al Anbiya: 22).
"Say: If there had been (other) gods with Him, as they say, behold, they would certainly have sought out a way to the Lord of the Throne! Glory to Him! He is high above all that they say! Exalted and great (beyond measure)!" (Al Isra': 42-43).

In Islam, the oneness of God does not only mean the uniqueness of God in his essence, but also uniqueness in his person. He is absolutely one with no partnership and son-ship as the Quran states:

"They say: "God hath begotten a son": glory be to Him. Nay, to him belongs all that is in the heavens and on earth: everything renders worship to Him" (Al Baqarah: 116)."No son did God beget, nor is there any god along with him: (if there were many gods), behold, each god would have taken away what he had created, and some would have lorded it over others! Glory to God! (He is free) from the (sort of) things they attribute to Him!" (Al Mu'minun: 91).

Al-Qardawi emphasized, as other scholars did, on the oneness of God because being a god, the creator, implies that absolute veneration, worship, and sacrifice should be dedicated to him and that his status and greatness deserves to enjoy such offerings. Islam preserves such rights only to the creator of the universe and no one else, because no one could create the universe except Allah. Thus he must be one and unique in all aspects.

The first portion may be common to many religions in principle, but differs among them in some particulars which may be interpreted in a way consistent with the principle. The second portion is confined to Islam, as apostasy often breaks through by denial of the Prophet and his message. Thus the second portion of the faith plays a role of foundation stone of Islam if not of religions as general. According to Al-Qardawi, to testify that Muhammad is the messenger of Allah implies that God did not ignore the needs of his creatures or neglect their existence. On the contrary, he bestowed upon them his mercy and love by sending messengers to them constantly for guidance in order to lead them to the right path. He gave some examples from the Quran:

"Messengers who gave good news as well as warning, that mankind, after (the coming) of the Messengers, should have no plea against God: For God is Exalted in Power, Wise" (Al-Nisa': 165)."We sent before time our apostles with clear signs and sent down with them the book and the balance (of right and wrong), that men may stand forth in justice" (Al Hadid: 25).

Prophets were sent to all nations of the world in different periods of time and at the end of the chain of prophethood, God sent his last messenger Muhammad to mankind with an universal message which renewed all of the previous religions. Therefore the new message should be followed universally by all people for there is nothing new and it is only a concise form of all previous religions. Al-Qardawi sees the second portion as a complement of the first, and a denial of the second would be tantamount to a denial of the first. So the denial of Islam would be tantamount to the denial of God's will and His divine plans. That is why Islam considers apostasy a serious crime that should be punished appropriately. Al-Qardawi further pointed out that obedience to the messenger Muhammad is a part of obedience to God and a sign to love God. He gave the following examples from the Quran:

"He who obeys the Messenger, obeys God: but if any turn away, we have not sent thee to watch over their evil deeds" (Al-Nisa': 80)."Say: "If ye do love God, follow me: God will love you and forgive you your sins: for God is oft-forgiving, most merciful" (Ali 'Imran: 31).

Belief in God can not be separated from the belief in his messenger, because the messenger pronounced on behalf of God and acted under his inspiration. So what the messenger brought should be deemed as doctrine and authority similar to that of God. He gave the following examples from the Quran:

"When a matter has been decided by God and his apostle, it is not fitting for a believer, man or woman, to have any option about their decision: if any one disobeys God and his apostle, he is indeed on a clearly wrong path" (Al Ahzab: 36).

Al-Qardawi holds that apostasy is “the disbelief after accepting Islam” and that it is the most dangerous phenomena to Muslim communities in our time. He explains that apostasy is very threatening because it is not only a change of the minds of the apostates, but also the threat contains the conspiracies of the enemies. Al-Qardawi said: "The enemies of Islam tried every possible means to prevent its followers from their religion by using forces, weapons or conspiracies and tricks.” He found three serious challenges facing contemporary Islamic societies, and they represent new forms of apostasy today. The first challenge was the Christian missionary campaigns on Muslims, which started with the rise of western colonialism and continued in the Islamic world, especially among Muslim immigrants and minorities. The aim of the missionary is obvious and that was to covert all Muslims to Christianity. The second challenge were the communist campaigns which influenced Islamic states in Central Asia and Muslim communities in Europe. It worked for eliminating Islam from daily life and causing its followers to ignore its reality. The last and the most serious one is that of atheist secularism, which erodes the structure of Islam in the heart of its territories. It may declare its position sometimes openly, although in most cases it hides this objective. This trend tries to abandon the realities of Islam but prefers to hold its corrupted forms that are considered by orthodox believers as superstitions. According to Al-Qardawi, these were the most serious challenges to and the most destructive factors within Islamic societies.

Apostasy, in whatever form it appears, should be put down and resisted. Al-Qardawi said: “It is obligatory for Muslim communities, in order to protect their existence, to resist all sorts of apostasy no matter what form it presents, and from what source it appears, and no chance should be given for it to spread and prosper as much as the fire swallows the charcoal.” Al-Qardawi argued that apostasy may be prevented only by imposing a severe punishment on it. As prescribed by four out of eight schools of Muslim thought, the traditional punishment for apostasy is death. There are many authentic sayings of the Prophet to support the verdict of death as punishment. As narrated by Ibn Abbas, the Prophet said: “Whosoever changed his faith, you should kill him.” As narrated by Ibn Masud, the Prophet said: “The blood of Muslims, who testify that there is no god but Allah and that I am the messenger of Allah, is not lawful (to be killed) except for one of the three reasons: revenge for killing a soul, a mature person committing adultery, and one who has abandoned his faith.” A similar hadith with different wording is attributed to the narration of Uthman: “Except a man disbelieved after accepting Islam or committed adultery after his purity or killed a soul without a right cause.”

All these sayings of the Prophet indicate that the apostate should be punished by death. Ibn Rajab said: “Death is the consensus of all Muslims (as a punishment) due to all these reasons.” Al-Qardawi quoted these instances to explain that this punishment was the practice of early Muslims. Once Caliph Ali punished a group of people who declared the godly essence of Ali; after they refused to repent when given the chance, they were put into fire. Ibn Masud, while in Iraq, once captured a group of people who abandoned Islam and upon this incidence he wrote a letter to Caliph Omar describing the situation. In his reply, Omar said: “You should expound upon them the religion of the truth and the testimony that there is no god but Allah. If they accept them you should leave them free and if not, then you may kill them.” Once a man, who became a Christian after he embraced Islam, was brought to Caliph Ali. When he was asked for repentance he refused, therefore Ali ordered his death by killing.

However, apostasy is not always in the same degree or the same form. There are several kinds of apostasy, each which has a different impact and harm on the Muslim community. Some scholars and authorities of Islamic history had maintained that the punishment for apostasy should match its harm to society, and that punishment may differ in accordance with its degree of impact. Al-Qardawi quoted Ibn Taymiyya's view on the issue, who classified apostasy into different categories; this shows that Al-Qardawi himself appropriates such divisions and different methods of punishment. Ibn Taymiyya's view was that some apostasies may be excused by repentance, while some are in no way exempt by the punishment of killing, because the Prophet once accepted repentance of some people and executed some others who had committed crimes and harms to Islam and Muslims. For instance, the Prophet ordered the killing of Miqyas Ibn Hibabah on the day of triumph (the day of the opening of Makkah) because Ibn Hibabah killed and looted a Muslim and refused to repent for his sins. Similarly the Prophet ordered the killing of others for the reasons of killing other people, for blasphemy, and for committing falsehoods. Based on this evidence, Ibn Taymiyya classified apostasy into two categories: simple apostasy, which could be excused by repentance, and apostasy for opposing Allah and his messenger and striving to spread mischief throughout the land. The latter is the apostasy of which repentance can not be accepted before one loses his ability.

According to Ibn Taymiyya, it is obvious that punishment for apostasy depends on the degree of the apostate's harm to Islam as well as on the apostate's repentance, and that death is not the only method of punishment. In early Islamic history, Caliph Omar was asked if death is the only way to punish apostasy and in his response, he suggested another solution: “I expound upon them Islam, and if they refused then I put them into prison.” So imprisonment might be a alternative punishment in the case of simple apostasy. Among later jurists, Ibrahim An-Nakha' and Atthouri adopted Omar's view.

Based on the above arguments, Al-Qardawi divided apostasy into two categories: major apostasy and minor apostasy. He elaborated on this classification with a comparison of the concept of innovation in Islam and its categorization. Al-Qardawi said: “What I see in the matter is that scholars differentiated between major innovations and minor ones, as they differentiated among the innovators between who calls attention to his innovation and one who does not. Likewise, we must differentiate between matters of apostasy between major ones and minor ones, and among the apostates between who proclaims it and who does not.” It is obvious that to Al-Qardawi major apostasy is to abandon the Islamic faith with a proclamation, while minor apostasy is simply renouncing the faith without proclaiming it. Al-Qardawi further gave the example of author Salman Rushdie, who Al-Qardwi said had not only betrayed Islam but also committed apostasy with his tongue and his pen. In this case of major apostasy, the generally accepted punishment of death should be implemented in order to eliminate the apostate's evil and to shut the door of tumult (fitinah). But in the case of minor apostasy, Al-Qardawi suggested that the view of Ibrahim An-Nakha' and Atthouri may be adopted, and that punishment may take a form other than death.

To Al-Qardawi, the apostate does not only deny Islam, but also incites a war against Islam and the Muslim Ummah. The apostate joins the rank of those who “wage war against God and his apostle, and strives with might and main for mischief throughout the land” (Al Ma'idah: 33). Ibn Taymiyya differentiated the matter of “fighting” in two forms, as he explained: “Fighting with the hands and fighting with tongues. The latter for religious purposes is worse than the former, and that is why the Prophet fought those fought him with their words and left alive those who fought him with their hands. It is obvious that fighting with the tongue has is more destructive to people in ways that physical fighting is not able to be. Therefore Al-Qardawi argues that the apostate who uses his words and his pen should be punished severely.

Islam neither compels anyone to embrace it, nor does it allow someone to play with it by joining it today and leaving it tomorrow. As the Quran says: "A section of the people of the book say: "Believe in the morning what is revealed to the believers, but reject it at the end of the day; perchance they may (themselves) turn back" (Ali 'Imran: 72).

For those who did not precisely pronounce their apostasy and did not proclaim it, a severe penalty would not be imposed upon them; rather, their punishment is postponed to the next world and left in the hands of God. On this point, the Quran says: "And if any of you turn back from your faith and die in unbelief, your works will bear no fruit in this life and in the hereafter; they will be companions of the fire and will abide therein" (Al Baqarah: 217).

Of course, death as punishment for apostasy has been strongly criticized by some modern minds, who argue that the evidence on which the verdict is decided were individual narrations which can not be taken into account in legislation. Al-Qardawi's response to this criticism shows his firm stand towards the Islamic tradition and authority of the early scholars. Al-Qardawi defends this form of punishment frrm three angles: first, the correct narration is the source of practical ruling according to census of all Muslims. On this matter, the Quran says:

"Say: "Obey God, and obey the Apostle: but if ye turn away, he is only responsible for the duty placed on him and ye for that placed on you. If ye obey him, ye shall be on right guidance. The Apostle's duty is only to preach the clear (Message)" (Al Nur: 54).
"He who obeys the messenger, obeys God: but if any turn away, we have not sent thee to watch over their (evil deeds)" (Al-Nisa': 80).

In addition to what is in the Quran, there are numerous sayings of the Prophet indicating that the execution of apostates was practiced by the companions in early Islamic history. The argument that individual narrations should not be taken into account is flawed, because all schools of thought adopted these individual narrations in other instances such as the penalty of drinking alcohol, yet the evidence in matter of apostasy were more authentic than that of the matter of alcohol. Yes, Al-Qardawi says, each of these narrations about the penalty of apostasy is individual, but multiple narrations in the matter constitutes a consensus. Secondly, ijma', or consensus, is a reliable source of Islamic law. Islamic scholars--both Sunni and Shi'a--share the same view of the penalty for apostasy except Omar, Ibrahem An-Nakha' and Atthouri. Therefore it is almost the consensus of the entire Ummah. Thirdly, early scholars interpreted the following Quranic verse as referring to apostates and apostasy: “The punishment of those who wage war against God and his apostle, and strive with might and main to incite mischief throughout the land is execution or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land” (Al Ma'idah: 33). All evidence shows that the apostate who proclaims his apostasy should be fought, as the Quran mentions:

"O ye who believe! If any from among you turn back from his faith, soon God will produce a people whom he will love as they will love him. Lowly with the believers, mighty against the rejecters, fighting in the way of God, and never afraid of the reproaches of such as find fault" (Al Ma'idah: 54).

However, there are certain regulations and restrictions raised by Al-Qardawi that suggest declaring a Muslim an apostate is a very dangerous matter. The person who issues a ruling on apostasy should be an expert or specialized scholar, and the person who implements this rule must be a specialist of religious law. The apostate should be given a chance to repent before the execution of the sentence. Al-Qardawi pointed out two types of the most dangerous forms of apostasy which undermine the structure of Islamic societies today. One is apostasy of Islamic authorities and institutions. Muslim rulers, authorities and institutions were meant to protect Islamic communities and prevent them from corruption, but if the authority itself practices apostasy openly or in secret, there are questions about what shall be the consequences. On this matter Al- Qardawi said: “We have seen such rulers who befriend enemies of Allah and are rivalry with friends of Allah. They underestimate Islamic beliefs and law, disrespect Islamic sanctuaries and symbols, such as the Prophet's righteous companions, the pure family of the Prophet, the guided caliphs, the knowledgeable Imams and the Islamic heroes. They consider adherence to Islamic duties a crime and consider collective prayers for men and face veiling of Muslim women signs of extremism. Al-Qardawi said it was strange enough that these rulers, in spite of their open apostasy, were kin to keep the label of Islam and were pretending themselves to be Muslims. The question therefore is who will judge them. It is, Al-Qardawi said, public opinion and general conscience that is possessed by free scholars, preachers and thinkers that can make judgment on such rulers. Another type of apostasy is hidden apostasy, which is more destructive for it penetrates human minds just as disease penetrates the human body. People of hidden apostasy are known in Islam as hypocrites (munafiq) and they emerge in multiple ways in our time, as their work appears published in newspapers, is distributed in books, is sold in magazines, is spread in sayings, is watched in programs, is popularized in traditions, and is dominated through laws. It works continuously in a wide range and is hardly resisted it as open apostasy is resisted. Therefore in Al-Qardawi's view, hidden apostasy is more dangerous to Islamic societies than open apostasy.

Conclusion

As a modern Islamic thinker and jurist, Yusuf Al-Qardawi is deeply concerned about the destructive phenomena of apostasy. He has elaborated on it in reference to the contemporary Islamic world and he has classified it according to its nature and social impact. Al-Qardawi does not differ from Islamic tradition in his view of the appropriate punishment of apostasy; he considers the penalty of death in principle but he differs from the majority view in that he advocates the option to repent to be given to apostates before execution. Another difference is Al-Qardawi's view that the punishment may take other forms, such as imprisonment, and that hidden apostasy may be left to the mercy of God and judged by him hereafter. The only apostates executed were those who combined other crimes with apostasy. In sum, we notice that Al-Qardawi's view on apostasy is flexible, and to some extent represents a common and moderate view of Muslims. Al-Qardawi based his views on the Quran, the Sunnah, and the Islamic tradition. Although he differs from the advocates of traditional penalties by suggesting other forms of punishment, he never deviates from the tradition because he still follows the tradition of Omar, Ibrahim An-Nakha', and Atthouri.

islamopediaonline.org
precaution: the above is translation from Arabic and the translation accuracy can not be sure

BEBERAPA KEKELIRUAN PENENTANG HUKUM MURTAD
Oleh : Penulis Tamu *

Golongan yang menentang hukum hudud ke atas orang yang murtad nampaknya membawa beberapa hujah yang kononnya membuktikan bahawa hukum bunuh ke atas si murtad (yang tidak bertaubat dan kembali kepada Isam setelah diminta berbuat demikian oleh pihak berkuasa), bukanlah satu hukum yang disepakati di kalangan ulama Islam. Jadi mana-mana pihak berkuasa yang tidak memperkanunkan hukum murtad dianggap tidak berdosa kerana memakai `pendapat ulama' yang mengatakan si murtad tidak dibunuh.

Dalam rencana yang lepas (Hadis sahih atau palsu: Bunuh Si Murtad - majalah Fokus `JOM BOIKOT MEDIA' Editor Suria Janib) saya telah membahaskan tentang kewajipan melaksanakan hukuman bunuh ke atas orang murtad yang tidak bertaubat (walaupun secara palsu/bohong di hadapan hakim) dan hukuman tersebut adalah disepakati (ijma`)oleh ulama muslimin sejak para Sahabat, Tabi`in, Tabi` al-Tabi`in dan para ulama pewaris Nabi s.a.w. seterusnya hingga akhir zaman. Beberapa kekeliruan atau hujah celup golongan penentang itu juga telah saya bahas dan hapuskan.

Namun masih ada segelintir di kalangan umat Islam dewasa ini yang kalah dan pasif terhadap keadaan semasa yang tidak lagi berpihak kepada ketuanan Islam (iaitu dengan keruntuhan sistem Khilafah) masih lagi bertindak melakukan proses meneutralisasikan (`amaliyyah tatbi`/neutralization process) hukum Islam ini dengan keadaan semasa. Ini disebabkan oleh kelemahan dan kegagalan mereka berhadapan dengan gelombang pemikiran dan tamadun Barat yang kerap mengkritik aliran Islam yang mereka sifatkan sebagai `ortodoks/ekstrim/fundamental' yang sememangnya mereka tidak senangi. Untuk berhadapan dengan rakan-rakan akademik Barat yang berfikiran sedemikian, segelintir ilmuan Islam tadi mula membuat kajian semula (I`adah al-Nazor/refreshing the view point) terhadap beberapa hukum Islam yang dipertikaikan oleh ilmuan Barat supaya ia dilihat selari dengan perkembangan zaman kini yang didominasikan oleh Barat. Hasilnya, anak-anak umat Islam tadi mempertikaikan ijma` para ulama sepanjang zaman dengan beberapa hujah yang kononnya baru mereka temui, membuktikan bahawa hukum hudud ke atas si murtad itu bukanlah hukum yang disepakati dan ia juga kononnya bertentangan dengan prinsip kebebasan beragama yang dianjurkan oleh al-Quran sendiri.

Saya akan menyenaraikan beberapa lagi hujah celup mereka itu dan akan membahaskannya semula satu persatu untuk mengeluar dan memurnikan natijah yang asal, iaitu hukum bunuh ke atas si murtad yang tidak bertaubat dan kekal mengisytiharkan kemurtadannya, adalah satu hukum yang disepakati oleh seluruh ulama muslimin sepanjang zaman berdasarkan nas-nas yang sahih dan sabit daripada ucapan Nabi s.a.w dan amalan para Sahabat r.a. selepasnya.

Berikut adalah beberapa kekeliruan mereka yang menganggapnya sebagai hujah untuk menafikan ijma` ulama:

seterusnnya @ zaharuddin.net

Elakkan Kafir-Mengkafir Sesama Muslim
admin / July 9, 2010

Soalan: Dr Asri, kita baca dalam surat orang Islam mula tuduh menuduh dengan antara satu sama lain sebagai sesat la, kafir la dan bermacam-macam lagi. Boleh tak Dr Asri ulas sedikit perkara ini dalam ruang soal-jawab Dr Asri dalam Sinar Harian?

Aida, Penang.

Jawapan Dr MAZA: Terima kasih Aida. Semoga Allah memelihara lidah kita semua dari kecenderungan cepat mengkafirkan atau menghukum sesat orang lain tanpa alasan yang kukuh. Persoalan kafir dan sesat bukanlah persoalan kecil, ia membabitkan hukuman terhadap akidah seseorang. Walaupun sesat, bukan semestinya menjadi kafir, tetapi itu pun tetap berat di sisi Allah. Berikut beberapa ulasan saya dalam hal ini;

1. Seseorang yang zahirnya muslim hendaklah dianggap kekal atas keislamannya sehingga terbukti secara yakin bahawa telah terbatal akidahnya. Ini atas kaedah syarak ‘Perkara yang yakin tidak boleh dihilangkan oleh syak’. Dalam ertikata lain, syak tidak boleh menghapuskan yakin. Oleh kerana pada keyakinan asal kita seseorang itu muslim, maka dia dianggap muslim dan tidak boleh keislamannya dibatalkan disebabkan hanya sesuatu perkara yang tidak pasti atau syak. 2. Menuduh orang lain dengan tuduhan kafir atau sesat adalah dosa yang besar. Jika kita tahu bahawa seseorang tidak kafir atau sesat atau fasik, tetapi kita sengaja menuduh imannya yang sah itu sebagai kafir atau sesat,

seterusnya @ drmaza.com/

Of course Apostates Should Be Killed
By Bassam Zawadi

There seems to be a problem with many "modernist and liberal" Muslims out there who would like to "sugarcoat" the religion of Islam by distorting what it really teaches. There are those that go at length to deny that Islam teaches that apostates must be killed. They either deny the explicit hadith that speak about this or reinterpret it to only refer to those apostates that would fight the Muslims.

This is false. I am not going to spend time in this article trying to prove that Islam does call for the killing of apostates and the rules and conditions behind killing apostates (e.g. the apostate must be interrogated first in order to refute what doubts he has for three days, etc.) for I am assuming that my readers already adhere to and have knowledge of the orthodox position regarding the matter. What I want to speak about in this article is the reason for Islam ordering the killing of apostates.

Before I proceed, let me make it clear that when I speak about apostates that must be killed I am only referring to those apostates who live under an Islamic theocratic state and have openly declared their apostasy. What this means is that no Muslim has a right to go to America or Europe for example and start killing ex-Muslims, for he has no such authority to do so.

People find it difficult to grasp why apostasy is a crime that is so great that it would call for a punishment (i.e. execution) that is more severe than say fornication (i.e. flogging), deliberate and preplanned theft (i.e. cutting of the hand), etc. However, with careful contemplation and a realization of the reality of the issue at hand, the matter should be easy for one to swallow.

If someone tells you that the state executed a man who was guilty of murdering someone by stabbing him repeatedly, would you shout "This is injustice! Why did you execute this man! His crime wasn't that great!"?

continue @ call-to-monotheism.com

Bassam Zawadi is an Islamic apologist and speaker who has engaged in and conducted interfaith debates, lectures and dialogues across the Middle East, Europe and North America
























































































Thanks for coming

Thanks for coming
Terima kasih sudi hadir

Tajuk - Title