cinnamonrolls1
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Salam/ hi,
Im going to post something a scholar i follow on tumblr posted about this matter. He specialises in Sharia law and used to be a imam. I like his opinions a lot, as does my father. Here's his view :
As far The Qur'an is concerned, there are no punishments on this earth for leaving Islam
“As for anyone who denies God after having once attained to faith – and this, to be sure, does not apply to one who does it under duress, the while his heart remains true to his faith, but [only to] him who willingly opens up his heart to a denial of the truth -: upon all such [falls] God’s condemnation, and tremendous suffering awaits them: (107) all this, because they hold this world’s life in greater esteem than the life to come, and because God does not bestow His guidance upon people who deny the truth. They whose hearts and whose hearing and whose sight God has sealed – it is they, they who are heedless! (109) Truly it is they, they who in the life to come shall be the losers!” [16:106-108] Muhammad Asad
So, if there is nothing in The Qur'an that would sanction any earthly punishments (i.e. flogging, prison, etc) the question becomes, where do we get the idea that Apostasy in Islam is punishable by death?
The answer is Hadith. Now, I would like to be very clear here, if there is something that is in the Hadith, that is not in The Qur'an, there are two possibilities:
First, if the Hadith contradicts something in The Qur'an, there’s is a very high probability that it is a weak (dayeef) or fabricated Hadith.
Second, as is the case with the Hadith in question (sanctioning death for Apostasy) you must check the Hadith back to the larger rule found in The Qur'an, if The Qur'an does not directly support the injunction found in this Hadith, then that means without question that the Hadith is for a very narrow and very explicit situation that most probably will never be relevant to you.
Thus, when The Prophet says that those who leave Islam should be put to death, he is talking about a very specific time, when the Muslims were living in Yathrib (Medina) and were being attacked and besieged by the Meccans.
Let us remember that what constituted the community of the early Muslims was not tribal, blood ties, or ethnic; the community that was established by The Prophet was predicated on belief (among the Muslims) and as a conscious, willing union between those of other faiths (namely Jews, Christians, and Pagans of Yathrib [Medina]).
So, when we think of “religion” today, we think of it as something separate to our nationality, tribe, ethnicity, etc. People can be a German Buddhist, or a Japanese Christian, or a Argentinian Follower of The Church of Diego, but during the time of The Prophet, a person’s status as a “Muslim” was the equivalent to what we consider our national identity. The governmental structure that a Muslim was subject and loyal to was that of Islam, just like, an American citizen is subject and loyal to the United States government.
It is not the simplistic notion of leaving a religion, as we understand it today, rather, it should be understood as someone committing high treason, a crime that is punishable by death in the United States, and many other countries. This is different to “regular” treason, or petty treason, which is usually punished with life in prison. The difference between “high treason” and “treason” is whether the nation is at war, and in many countries, high treason is punishable by death, while treason is not.
So, the context of The Prophet saying that those who leave Islam should be put to death, it is not because they are “leaving Islam,” it is because they are betraying their community, which is defined by their acceptance of the tenants of Islam, much like the American community is not defined by any ethnic ties, but by one’s acceptance of the tenants of the US Constitution. Thus, this Hadith is within the context of (1) War time, (2) High Treason, and (3) Does not abrogate The Qur'an, but, is the result of a need deemed necessary by The Prophet, applies to this very narrow situation that he was in.
So, it is such a narrow context that it can almost be rendered meaningless. Today we do not organize our states by virtue of religion, we do so by the boundaries of the state, either in a geographic and/or national sense, so by saying that “death is penalty for those who turn to other religions,” we are not really referring to the same thing, which adds to the confusion.
Im going to post something a scholar i follow on tumblr posted about this matter. He specialises in Sharia law and used to be a imam. I like his opinions a lot, as does my father. Here's his view :
As far The Qur'an is concerned, there are no punishments on this earth for leaving Islam
“As for anyone who denies God after having once attained to faith – and this, to be sure, does not apply to one who does it under duress, the while his heart remains true to his faith, but [only to] him who willingly opens up his heart to a denial of the truth -: upon all such [falls] God’s condemnation, and tremendous suffering awaits them: (107) all this, because they hold this world’s life in greater esteem than the life to come, and because God does not bestow His guidance upon people who deny the truth. They whose hearts and whose hearing and whose sight God has sealed – it is they, they who are heedless! (109) Truly it is they, they who in the life to come shall be the losers!” [16:106-108] Muhammad Asad
So, if there is nothing in The Qur'an that would sanction any earthly punishments (i.e. flogging, prison, etc) the question becomes, where do we get the idea that Apostasy in Islam is punishable by death?
The answer is Hadith. Now, I would like to be very clear here, if there is something that is in the Hadith, that is not in The Qur'an, there are two possibilities:
First, if the Hadith contradicts something in The Qur'an, there’s is a very high probability that it is a weak (dayeef) or fabricated Hadith.
Second, as is the case with the Hadith in question (sanctioning death for Apostasy) you must check the Hadith back to the larger rule found in The Qur'an, if The Qur'an does not directly support the injunction found in this Hadith, then that means without question that the Hadith is for a very narrow and very explicit situation that most probably will never be relevant to you.
Thus, when The Prophet says that those who leave Islam should be put to death, he is talking about a very specific time, when the Muslims were living in Yathrib (Medina) and were being attacked and besieged by the Meccans.
Let us remember that what constituted the community of the early Muslims was not tribal, blood ties, or ethnic; the community that was established by The Prophet was predicated on belief (among the Muslims) and as a conscious, willing union between those of other faiths (namely Jews, Christians, and Pagans of Yathrib [Medina]).
So, when we think of “religion” today, we think of it as something separate to our nationality, tribe, ethnicity, etc. People can be a German Buddhist, or a Japanese Christian, or a Argentinian Follower of The Church of Diego, but during the time of The Prophet, a person’s status as a “Muslim” was the equivalent to what we consider our national identity. The governmental structure that a Muslim was subject and loyal to was that of Islam, just like, an American citizen is subject and loyal to the United States government.
It is not the simplistic notion of leaving a religion, as we understand it today, rather, it should be understood as someone committing high treason, a crime that is punishable by death in the United States, and many other countries. This is different to “regular” treason, or petty treason, which is usually punished with life in prison. The difference between “high treason” and “treason” is whether the nation is at war, and in many countries, high treason is punishable by death, while treason is not.
So, the context of The Prophet saying that those who leave Islam should be put to death, it is not because they are “leaving Islam,” it is because they are betraying their community, which is defined by their acceptance of the tenants of Islam, much like the American community is not defined by any ethnic ties, but by one’s acceptance of the tenants of the US Constitution. Thus, this Hadith is within the context of (1) War time, (2) High Treason, and (3) Does not abrogate The Qur'an, but, is the result of a need deemed necessary by The Prophet, applies to this very narrow situation that he was in.
So, it is such a narrow context that it can almost be rendered meaningless. Today we do not organize our states by virtue of religion, we do so by the boundaries of the state, either in a geographic and/or national sense, so by saying that “death is penalty for those who turn to other religions,” we are not really referring to the same thing, which adds to the confusion.