The scholars are unanimously agreed that a Muslim who insults the Prophet (peace and blessings of Allaah be upon him) becomes a kaafir and an apostate who is to be executed. This consensus was narrated by more than one of the scholars, such as Imaam Ishaaq ibn Raahawayh, Ibn al-Mundhir, al-Qaadi ‘Iyaad, al-Khattaabi and others. Al-Saarim al-Maslool, 2/13-16
This ruling is indicated by the Qur’aan and Sunnah.
In the Qur’aan it says (interpretation of the meaning):
“The hypocrites fear lest a Soorah (chapter of the Qur’aan) should be revealed about them, showing them what is in their hearts. Say: ‘(Go ahead and) mock! But certainly Allaah will bring to light all that you fear.’
If you ask them (about this), they declare: ‘We were only talking idly and joking.’ Say: ‘Was it at Allaah, and His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking?’
Make no excuse; you disbelieved after you had believed”
[al-Tawbah 9:64-66]
This verse clearly states that mocking Allaah, His verses and His Messenger constitutes kufr, so that applies even more so to insulting. The verse also indicates that whoever belittles the Messenger of Allaah (peace and blessings of Allaah be upon him) is also a kaafir, whether he was serious or joking.
With regard to the Sunnah, Abu Dawood (4362) narrated from ‘Ali that a Jewish woman used to insult the Prophet (peace and blessings of Allaah be upon him) and say bad things about him, so a man strangled her until she died, and the Prophet (peace and blessings of Allaah be upon him) ruled that no blood money was due in this case.
Shaykh al-Islam Ibn Taymiyah said in al-Saarim al-Maslool (1/162): This hadeeth is jayyid, and there is a corroborating report in the hadeeth of Ibn ‘Abbaas which we will quote below.
This hadeeth clearly indicates that it was permissible to kill that woman because she used to insult the Prophet (peace and blessings of Allaah be upon him).
Abu Dawood (4361) narrated from Ibn ‘Abbaas that a blind man had a freed concubine (umm walad) who used to insult the Prophet (peace and blessings of Allaah be upon him) and say bad things about him. He told her not to do that but she did not stop, and he rebuked her but she did not heed him. One night, when she started to say bad things about the Prophet (peace and blessings of Allaah be upon him) and insult him, he took a short sword or dagger, put it on her belly and pressed it and killed her. The following morning that was mentioned to the Messenger of Allaah (peace and blessings of Allaah be upon him). He called the people together and said, “I adjure by Allah the man who has done this action and I adjure him by my right over him that he should stand up.” The blind man stood up and said, “O Messenger of Allaah, I am the one who did it; she used to insult you and say bad things about you. I forbade her, but she did not stop, and I rebuked her, but she did not give up her habit. I have two sons like pearls from her, and she was kind to me. Last night she began to insult you and say bad things about you. So I took a dagger, put it on her belly and pressed it till I killed her.” Thereupon the Prophet (peace and blessings of Allaah be upon him) said: “Bear witness, there is no blood money due for her.”
(Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 3655)
It seems that this woman was a kaafir, not a Muslim, for a Muslim could never do such an evil action. If she was a Muslim she would have become an apostate by this action, in which case it would not have been permissible for her master to keep her; in that case it would not have been good enough if he were to keep her and simply rebuke her.
Al-Nasaa’i narrated (4071) that Abu Barzah al-Aslami said: A man spoke harshly to Abu Bakr al-Siddeeq and I said, ‘Shall I kill him?’ He rebuked me and said, ‘That is not for anyone after the Messenger of Allaah (peace and blessings of Allaah be upon him) .’” (Saheeh al-Nasaa’i, 3795)
It may be noted from this that the Prophet (peace and blessings of Allaah be upon him) had the right to kill whoever insulted him and spoke harshly to him, and that included both Muslims and kaafirs.
http://islamqa.com/en/ref/22809
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