Death Penalty For Apostates

[CarlEdwardRoss]

Bismillah ir-rahmaan ir-raheem
Allahumma salli ala nabi muhammad wa ala ali nabi muhammad
Al-hamdu lillah ir-rahmaan ir-raheem
As-salaamu laykum wa-rahmatullahi wa barakatuhu

“. . . And let those who oppose the Messenger’s commandment beware, lest some fitnah (trial, affliction, etc.) befall them or a painful torment be inflicted on them.” [al-Nur 24:63]

Dear Morocco.com;

I remember having a discussion here where a brother who put forth some views concerning apostasy by a prominent judge in Indonesia. Their view is that killing of an apostate who leaves the religion without hostilities is not of mention in the Qu’ran, the relevant hadiths that mention the apostates are vague on this issue and that the Qu’ran establishes a defensive posture for the Muslim, that is, we are not to fight unless they fight us first. They conclude that there is no punishment in this world for the apostate who leaves the religion without hostilities because the issue is political not religious.

Of course, I oppose this view for many, many reasons. I will not go into every point here due to the format of this forum, that is, short answer. Quickly and to the point for those who have little time, I oppose their view because it gives the apostate-singulair, that is, the apostate who leaves the religion without hostility a punishment most similar to that of a sinless person. Only sinless people escape punishment in this world.

These people with their views have not a broad understanding of punishment in religion(hudood). They are only using the concept of vagueness to establish their view. By using the concept of vagueness, I include doing things such as if you mention that Allah(soubhanna wa taa’la) forbids drinking wine. They say this is only out of clay pots if you drink from your hand it is okay because the Qu’ran does not say drinking from your hand. This is an example of how they create vagueness.

There is punishment for any evil one commits is in this world and the next world and there are differences between evil deeds. Bad deeds are less evil than sins. Minor sins are less punishable than major sins. Major sins are less punishable than disbelief(kufr) or shirk which is associating partners with Allah(soubhanna wa taa’la). There is minor disbelief and major disbelief. Finally, minor shirk and major shirk exist. Punishment is in accord with the evil deed. If one forgets to fast a day of ramadaan, he must fast an extra day after ramadaan, the expiation or punishments is not stoning to death. If he steals his hand is cut off. If he commits fornication he is put to death. There is an ordering. Therefore, how can one conclude that one who commits shirk which is the worst of evil deeds deserves no punishment in this world when someone who commits a major sin, fornication, is put to death. This idea that there must be hostilities to apply the death penalty is without reason. Theft, wine-drinking, fornication and witchcraft(sihr), they are not violent acts and they have very grave punishments in most cases the death penalty. Apostasy is worshiping something other than Allah(soubhanna wa taa’la) which is by definition major shirk whether if it is by violence or not. One can only leave the religion by committing major shirk or some scholars also believe by major disbelief. In either case major shirk is a greater evil than major sin, so if there is the death penalty for major sin how can one say that there is no punishment at all in this world for major shirk. The punishment for major shirk must be at least the death penalty plus something else according to the general principle of punishment. Allah(soubhanna wa taa’la) says:

Aoodthu billahi min shaytaan ir-rajeem
Surely Allah does not forgive that anything should be associated with Him, and forgives what is besides that to whomsoever He pleases; and whoever associates anything with Allah, he devises indeed a great sin.[al-Nisaa’ 4:48, 116]

and Prophet Muhammad(saulli allahu alayhi wa sallem) says:
It was reported from ‘Ubaadah ibn al-Saamit (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said, when there was a group of his Sahaabah around him: [u][u]“Give allegiance to me that you will not associate anything in worship with Allaah, not steal, not commit fornication, not kill your children… and not disobey me in what is right. Whoever among you fulfils this, his reward will be with Allaah. Whoever commits any of these sins will be punished in this world and that will be an expiation for him. Whoever commits any of these sins but Allaah conceals it, then it will be for Allaah to decide: if He wills, He will forgive him, and if He wills, He will punish him.” So we gave allegiance to him on that basis.
But if a sinner dies in a state of sin, if his sins include shirk, then Allaah will not forgive him in the Hereafter. If his sins are less than that, then the person is subject to the will of Allaah – if He wills, He will punish him and if He wills, He will forgive him.

Do not confuse yourself because the hadith says sins. Every shirk is a sin but not every sin is shirk. Sins are always bad deeds. So the idea that the apostate does not receive punishment in this world nor the death penalty is completely false, against sunnah and basic Islamic principles concerning punishment(hudood).

These people are specifically in the Qu’ran the Mu’rideen(apostates). Who they are, what they do and what will happen to them is in Surah Al-an’am. Allah describes them,

[6.4] And there does not come to them any communication of the communications of their Lord but they turn aside from it
[6.5] So they have indeed rejected the truth when it came to them; therefore the truth of what they mocked at will shine upon them.

And Allah(soubhanna wa taa’la) describes how he will punish them,

6.42] And certainly We sent (apostles) to nations before you then We seized them with distress and affliction in order that they might humble themselves.
[6.43] Yet why did they not, when Our punishment came to them, humble themselves? But their hearts hardened and the Shaitan made what they did fair-seeming to them.
[6.44] But when they neglected that with which they had been admonished, We opened for them the doors of all things, until when they rejoiced in what they were given We seized them suddenly; then lo! they were in utter despair.
[6.45] So the roots of the people who were unjust were cut off; and all praise is due to Allah, the Lord of the worlds.

So here is the proof in the Qu’ran, that for the apostates, those who turn back, the decree is punishment in this world and for not repenting, punishment in the hereafter.

Another argument this people use is the argument that the hadiths are vague. This is because some hadiths concerning apostates mention the death penalty due to hostilities and others do not. But the main problem with their argument is they act as if both can not be the case, that is, the apostate receives the death penalty hostilities or not. Also, the general principle concerning authentic hadiths is that if one narration has something that another does not, then what is not in the shorter hadith has no value to what hadith conveys. If one hadith narrates in the same manner as another but one hadith contains a phrase at the end stipulating hostilities, this does not invalidate the other hadith because the shorter hadith appears to be missing something. The principle is that the addition is not important to the overall meaning or explanation of the shorter hadith. Otherwise it must be weak if we accept that the narrative is deficient of a phrase but of course we do not speak of authentic(saheeh) hadiths as weak in manner. This is a contradiction of the definition of an authentic hadith and against consensus.

Finally, of the charge that the Muslims must somehow be defensive only with apostates. Allah’s words are:

“O you who believe! Take not as (your) bitaanah (advisors, consultants, protectors, helpers, friends, etc.) those outside your religion (pagans, Jews, Christians, and hypocrites) since they will not fail to do their best to corrupt you. They desire to harm you severely. Hatred has already appeared from their mouths, but what their breasts conceal is far worse. Indeed We have made clear to you the aayaat (proofs, evidence, verses), if you understand. Lo! You are the ones who love them but they love you not, and you believe in all the Scriptures [i.e., you believe in the Tawraat and the Injeel, while they disbelieve in your Book (the Qur’aan)]. And when they meet you, they say, ‘We believe.’ But when they are alone, they bite the tips of their fingers at you in rage. Say: ‘Perish in your rage. Certainly Allaah knows what is in the breasts (all the secrets).’ If a good befalls you, it grieves them, but some evil overtakes you, they rejoice at it…” [Aal ‘Imran 3:118-120].

“You will not find any people who believe in Allaah and the Last Day, making friendship with those who oppose Allaah and His Messenger…” [al-Mujaadilah 58:22]

“O you who believe! Take not the Jews and the Christians as awliya’ (friends, protectors, helpers, etc.), they are but awliya’ to one another…” [al-Maa’idah 5:51].

So again Allah(soubhanna wa taa’la ) do not take those outside the religion of Islam as friends, this means by interpretation, take them as enemies. Also, by interpretation, the Jews and Christians are friends of one another and enemies of others. The Qu’ran proves by description that the disbelievers hate the Muslims and wish to harm the Muslim so this is enough proof of hostilities to fight them.

Soubhanna Allah wa bihamdika,
Sheikh Ieesa Ibn Mhmaed