Death for leaving Islam?

(Some Thoughts on Apostasy)

by

 

Sr. Ruqaiyyah Waris Maqsood.

 

One of the things most frequently stated as a matter that really puts people off being converted to Islam is the belief that those who give up or leave Islam have to be put to death. The crime it is claimed they have committed is apostasy. Therefore, it follows that Islam must be a very cruel faith, one which it is dangerous to join.

 

It is not just a matter of the harsh penal systems of the past – thanks to today’s media expertise, people all over the world are soon able to know of instances, even in this day and age in certain parts of the Muslim world, where people who vilified the Prophet Muhammad (pbuh) in some way, or insulted Islam, or who daubed anti-Islamic slogans, were either threatened with death or even actually sentenced to death.

 

Although my own point of view might upset these particular zealous defenders of Allah or His noble messenger (pbuh), I nevertheless strongly contend that to react in that way is very much to misunderstand Islam.

 

Jihad misunderstood and confused with political issues

 

I feel it is a very important matter to be discussed for a second reason. Our faith in Islam is being confused, and devout people are being led astray, by zealots and sectarian extremists who feel that the main thing a Muslim should be doing is jihad. In their terms jihad does not mean the struggle to overcome anything base in our characters, or to strive to bring about the common good of humanity, but implies devoting their lives and energies to bringing about the political triumph of Islam all over the earth, with the establishment of a new caliphate, so that the earth may be ruled by Islam, and Muslims never be obliged to be ruled again by laws and regulations or authorities or societies who do not strive to implement the Qur’an and its laws.

 

Takfir

 

I would like to leave a full discussion of jihad over to another time, and here focus in on the suggestion that Muslims of particular zealot opinions somehow have a God-given obligation to out-argue, overpower, deal with and in effect dispose of other Muslims - who are in their opinion weak brethren, corrupt brethren, or who have given up certain aspects of Islam, or who are not totally committed to political interference in order to bring about the overthrow of non-Muslim temporal power. There is a huge danger that such zealots go from their common practice of takfir (ie. slandering other Muslims who do not share their opinions by calling them kuffar or unbelievers), to actually accusing them of apostasy and bringing them in danger of execution at their hands.

 

The Dangers following such accusations

 

The Qur’anic verse 24.55 is often quoted:

 

‘Allah has promised to those of you who believe and do good that He will most certainly make them rulers in the earth, as He made rulers those before them, and that He will most certainly establish for them their religion which He has chosen for them.’

 

This is an important promise of power and authority to be granted to those who deserve to rule. It includes, of course, military power and political power. Every Muslim on earth must long for the day when noble people with strong faith, unerring justice and humble compassionate characters are elected as the rulers of the earth. It is indeed something to be aimed for, a wonderful ideal put before us by the promise of Allah Himself.

 

The next verse to be frequently by these zealots is Surah 5.34:

 

Punish those who wage war against Allah and His Messenger and strive to make mischief in the land, except those who repent before you have them in your power.’ 

 

At first sight, this does look like carte blanche to label all non-Islamic society as Dar al-Harb (House of War) because Islam has not yet been established there as the norm and rule; and then to attack it by force of arms until Islam is established successfully.

 

If a Muslim feels that there are some Qur’anic laws which could never be followed in a secular state, then the Muslim does have to do some soul-searching.

 

Not a carte blanche to attack states

 

However, the Qur’an does not require a Muslim living in a non-Muslim state to attack that state, but to make a decision on how to abide therein. If the Muslim feels that he or she is not personally having to make any compromises in their way of life or beliefs, then they may choose whether to offer allegiance to that particular government (which ideally will be an elected one so that all the citizens may have power of election over those chosen to lead them), or they have the option to leave that society and go live elsewhere.

 

This is what Allah said (in Yusuf Ali’s translation): ‘O My servants who believe! Truly spacious is My Earth: therefore serve ye Me (and Me alone)!’ 29.56)

 

Yusuf Ali added the footnote that there was no excuse for any Muslims to plead that they could not do good or were forced to do evil by their circumstances or surroundings, or by the fact that they lived in evil times. We must shun evil and seek good, and Allah’s Creation is wide enough for us to do that, providing we have the will, the patience and the constancy to do it. It may be that we have to change our village or city or country, our neighbours or associates, our habits or our hours, our position in life or our human relationships or our callings. Our integrity before Allah is more important than any of these things, and we must be prepared for exile in all these circumstances.

 

When angels take the souls of those who die in sin against their souls they say: "In what (plight) were ye?" They reply: "Weak and oppressed were we in the earth." They say: "Was not the earth of Allah spacious enough for you to move yourselves away (from evil)?" Such men will find their abode in Hell, what an evil refuge!’.(Surah 4.97).

 

So now, let us turn to the question of the apostate.

 

What is an apostate?

 

An apostate, or one who commits apostasy, is a person who having once belonged to a particular faith, then gives it up and turns his or her back on it. Apostasy (ridda or irtidad) literally means 'turning back'. For Muslims, it is the sin of deciding to give up Islam, or belief in Allah, after having previously been a genuinely believing Muslim.

 

So firstly, apostasy is not the same thing as a non-Muslim insulting, vilifying or abusing Islam. Apostasy can technically only apply to a person who has genuinely once had belief in Islam, but who has then given it up.

 

Secondly, apostasy is not the same thing as hypocrisy. Hypocrisy is when a person claims to believe in Islam, but actually does not do so. Hypocrisy could also apply to someone who claims to be a Muslim, but does not live and act like a Muslim. To be a Muslim implies being a person submitted to God’s will. It is not usually a matter that can be fairly judged by human beings, but is best left to the judgement of Allah – for no human has the knowledge of where the line should be drawn, or the motivation or circumstances involved in individual cases. So, for example, some Muslims feel that a Muslim who does not pray is a hypocrite, or has even left Islam. The same might apply to Muslims who steal, or drink alcohol, or seek sex outside marriage. The discussion is whether they have actually left Islam, or are they simply just bad or weak Muslims? A pious Muslim may deem that such people have left Islam, but Allah may judge that this is not the case at all, and be compassionate. However, Muslims who claim they do say prayers but do not actually do so, or who do claim to be Muslim but steal, lie or drink alcohol, would certainly be hypocrites - for giving the wrong impression or making false claims. But hypocrisy is not apostasy. If a person’s faith in Allah was not really genuine to start with, they have not committed apostasy when they admit that they do not really believe.

 

Next, an apostate is not the same thing as a polytheist. A polytheist is not a Muslim at all, but someone who believes in many different ‘gods’. Such a person is also often referred to as a pagan.

 

The penalty for apostasy, according to the Qur’an, is for the next world

 

So, bearing in mind the actual meaning of apostasy, let us examine what the Qur’an actually has to say about the penalties for it. The question of apostasy is mentioned in no less than 13 verses in different chapters of the Qur'an, but not once does Allah order any punishment to be carried out in this world. The Qur'anic ayat all speak of punishment as God wills, in the Life to Come, but not in this life (eg. 2:217, 3:86-91, 16:106). There, there may well indeed be punishment for apostasy, but this is not a matter for human judges.

 

Let us take Surah 3:86-91, as possibly the most definitive of these passages: ‘How shall Allah guide those who reject faith after they have accepted it and born witness that the Apostle was true and that clear signs had come unto them? Allah does not guide  unjust people. The reward of such people is that upon them is the curse of Allah, the angels and all humanity. They shall remain under it for ever; neither will their punishment be lightened nor will they be given respite.’

 

So far, the verse is severe indeed. However, even if only this section alone of the whole passage is quoted, it still does not give permission for a human judge to order a death sentence for an apostate. And then, comes the rest of the passage:

 

‘However, (for) those who repent after this and mend their ways, then truly Allah is indeed Forgiving, Merciful. However, those who disbelieve after their belief (acceptance of Islam) and then go on adding to their disbelief, their repentance will never be accepted; because they are deliberately choosing to go astray. As to those who are unbelievers and die while they are still unbelievers, if they were to fill the whole earth with gold and offer it as a ransom for each one of them, that will not be accepted. These are the ones who shall have the painful punishment, and none shall help them.’

 

It is particularly important, I feel, that these verses were revealed while the Prophet (pbuh) was ruler in Madinah, and had real political power, and was clearly in the position of being able to carry out any punishment Allah had laid down. Yet these verses speak only of punishment in the Hereafter, and say nothing at all about punishment on this earth. There is certainly no mention of a death sentence. If you note the words I have highlighted, it is obvious that any such repentance would be impossible if the apostate had been put to death!

 

The classical scholars held different opinions

 

The notion of giving the death penalty for apostasy in itself actually runs completely contrary to the clear Qur'anic order: 'Let there be no compulsion in religion.' (2:256). The mediaeval scholars[1] certainly disagreed on the issue of penalty for apostasy. The Shafi’i and Hanafi schools ruled that irtidad fell into the category of the hadd punishments of Shari’ah law - that which was prescribed by Allah in either the Qur'an, or sunnah, or both. The Hanbali school, however, never accepted that apostasy was a matter of hadd, but of ta'zir punishment. This means, discretionary punishment - left to the discretion of the judges, and penalties could range from reprimand, threat, boycott, fines, seizure of property, imprisonment, flogging to the death penalty. An example of one great scholar who took that point of view was Ibn Taymiyya.

 

The entire question of hadd punishment only applies in any case to a society which is governed by Shari'ah law. And even then, one would have to consider whether the law should be applied reciprocally - would non-Muslims have the same right in retaliation to impose the death penalty on any non-Muslims who converted to Islam? If the answer to that is 'no', then the Muslims are operating double-standards, which would be incompatible with the teaching of Islam.

 

The principles of Shari’ah law

 

Shari’ah law has three  main principles:

·       It is only valid for Muslims and does not apply to non-believers.

·       The hudud are the limits (ie the extreme penalties) for particular sins. There are many mitigating circumstances that would influence the judge of the case to give some lesser penalty and not go to the extreme limit.

·       The hudud are not applied at all to those who are of unsound mind, minors below the age of reason, and those under the influence of khamr (some intoxicating substance that clouds the mind and affects behaviour).

 

It is up to the judge to decide if the ‘criminal’ is insane or evil. They may not simply assume that because a person kills another, for example, that he or she is a wicked murderer, or must be insane.

 

The biggest problem with the hadd laws for Islam comes when they are applied by over-zealous lawyers who carry out the extreme penalties without proper knowledge of Islamic principles or sanctions. These lawyers are undoubtedly Muslim, and so the faith of Islam becomes tarnished by their application of laws they have misunderstood but carried out in good faith.

 

It was my privilege to have known an eminent high-court judge of Karachi who taught me his own principle, based on the hadith: ‘It is far better to release a guilty person than to punish an innocent one.’

 

The death penalty for apostasy only applies when compounded with murder and treason crimes

 

The six offences that are generally recognised as under the hudud are drinking alcohol, theft, robbery, illicit sexual intimacy, slanderous accusations of unchastity, and apostasy, but the only occasions on which the question of the death penalty for apostasy arises really comes under the murder and treason laws.

 

In Islam, many matters are left to the mercy of Allah. It is up to Him, and His judgement, whether we shall be punished or not, and in what way, and for how long. Thankfully, He does not judge us like human judges. If we were judged according to what we deserved, there would not be left one living thing upon the earth. (Surah 16:61).

 

The only two verses which could be taken to support death for apostasy are generally taken out of context

 

There are actually only two verses in the Qur’an that could be used to support any suggestion of the death penalty for apostasy, and all Muslim scholars who believe this is the appropriate penalty must have based their decisions upon these texts alone, and the hadiths associated with them.

 

The first passage is:

 

If they turn renegade, seize them and slay them wherever you find them; and (in any case) take no friends or helpers from their ranks.’ (from Surah 4:89).

 

This has been taken out of a context concerning military action, in which soldiers of both sides could certainly kill each other, before they had agreed on peace-terms. It does not refer to a sentence in court. It is vital to read the full passage, and not just this verse taken out of it. It reads:

 

 They (the renegades/apostates) – who had once been under a treaty of peace with Islam but had now decided to turn and fight against it) but wish that you should reject faith as they do and thus be on the same footing (as they): but do not take friends from their ranks until they flee in the way of Allah (from what is forbidden). If they turn renegade seize them and slay them wherever you find them; and take no friends or helpers from their ranks, with the exception of those who join a group between whom and you there is a peace-treaty, or those who approach you with hearts restraining them from fighting you as well as fighting their own people. If Allah had pleased He could have given them power over you and they would have fought you: therefore if they withdraw from you and do not fight you but (instead) send you (guarantees of) peace, then Allah has opened no way (ie. not given you permission) for you (to war against them). Others you will find that wish to gain your confidence as well as that of their people: every time they are sent back to temptation they give in to it. If they do not withdraw from you nor give you (guarantees) of peace besides restraining their hands, seize them and slay them, wherever you get them; in their case We have provided you with a clear argument against them.’ (Surah 4:89-91).)

 

The second vital passage is:

 

The punishment for those who wage war against Allah and His Messenger and strive to create mischief in the land is death, or crucifixion, or the cutting off their hands and feet from opposite sides, or exile from the land - based on the gravity of their offence’. (Surah 5:33).

 

On its own, this verse sounds horrendous, so let’s examine it. It is actually a passage referring back to the murder of Adam’s son Abel by his brother Cain. The full text is: ‘On account of that incident (Abel’s murder of Cain) We ordained for the Banu Isra’il that whoever kills a person, except as a punishment for murder or mischief in the land, it will be written in his book of deeds as if he had killed all the human beings on the surface of the Earth; and whoever will save such a life shall be regarded as if he gave life to all the human beings on the surface of the Earth. Yet, even though Our messengers came to them one after the other with clear revelations, it was not long before many of them committed excesses in the land. The punishment for those who wage war against Allah and His Messenger and strive to create mischief in the land is death or crucifixion or the cutting off their hands and feet from opposite sides, or exile from the land, based on the gravity of their offence. This will be their humiliation in this world and in the Hereafter they will have grievous punishment, except those who repent before you apprehend them; in such  cases you should know that Allah is Forgiving, Merciful’. (Surah 5: 32-34).

 

Straight away it will be seen that the death penalty is not the automatic and only penalty put forward – lesser penalties are also suggested, and the revelation clearly states that judgement is to be given according to the gravity of the offence. Moreover, there is a legal loophole in the matter of the interpretation of the phrase ‘to create mischief in the land’.

 

The background atrocity that occasioned these verses

 

Yet, whichever way one looks at these two verses, the penalty suggested is certainly severe. What was the event in the background that called forth such severe words in the Revelation? In fact, they referred to April 628/Shawwal 6, when a horrendous atrocity against a humble Muslim shepherd occurred, and the most savage retaliatory action ever recorded of the Prophet (pbuh) was ordered. He had the hands and feet cut off some men who had murdered his shepherd, who happened to be apostates from Islam; they were also blinded, and left to die of exposure. (Abu Dawud 2052). It was a pretty terrible judgement. Why did the Prophet (pbuh) order this to happen? What had these particular apostates done? And did Allah approve?

 

The incident concerned some men of Banu Qays of Bajilah, (in another version they are men of Banu Uraynah from Ukal/Ak). These were men who had had a long history of affiliation with the Jewish tribes of their region, and had frequently intermarried with them and even accepted Judaism – but now they had converted to Islam. They had gone to the Prophet (pbuh) seeking his help, for they were suffering from an epidemic which had caused them to suffer enlarged spleens. The Prophet (pbuh) did not cure them as if by magic, or recommend a specific medicine, or even suggest they should pray for healing to Allah the only True Granter of Health, but instead sent them off to his herd of fifteen fine milk-camels which was being guarded by his herdsman Yasar. Camel-milk was rich in nutrients, and camel’s urine was actually used regularly as a Bedouin folk medicine to cure internal and digestive troubles. Sure enough, these men drank, rested and found themselves recovered. However, instead of being grateful, they repaid the Prophet’s (pbuh) hospitality by falling for the temptation offered by his top-quality camels which were only being guarded by one man. Not content with mere murder, they proceeded to torture and kill the unfortunate Yasar in a most appalling manner, cutting off his hands and feet, stabbing out his eyes with sharp thorns, and piercing his tongue, before making off with the Prophet’s (pbuh) camels.

 

The Prophet (pbuh), shocked and angry, sent Kurz b. Jabir, an expert tracker, in hot pursuit with twenty Ansar. They caught up with the murderers before the sun rose next day. (Ibn Sa’d 2.115, Zad al-Ma’ad 2.122, Ibn Kathir 3.243, Ibn Ishaq p.678).The Prophet (pbuh) chose to have them put to death not by the Islam they had rejected, but following the Mosaic Law of Leviticus 24:19-21, in a similar manner to their crime.

 

When a person causes mutilation to another, as he has done it shall be done to him, fracture for fracture, eye for eye, tooth for tooth; as he has mutilated, so shall he be mutilated. He who kills a beast shall make it good, and he who kills a human shall be put to death.’ (Leviticus 24. 19-21).

 

The Prophet (pbuh) regretted his punishment of the men

 

In fact, the Prophet (pbuh) had been so affected by the appalling death of Yasar that he realised he had been affected by a terrible and uncharacteristic anger, and bitterly regretted the punishment he had meted out upon these men. It was not long before the angel brought him a revelation to guide him, one of the most important verses in Islamic Law.  The recompense for an injury is indeed an injury proportionate to it;’ said Allah through the angel. ‘But if (the wronged) people can forgive and make reconciliation they shall be rewarded by Allah.’ (Surah 42:40).

 

The Prophet (pbuh) then swore that he would never again order such a brutal punishment –  and in all his future speeches he did indeed urge compassion instead of exemplary punishment. (Ibn Kathir 3.243 from Qatada).

 

Obviously, if the death penalty was the compulsory retaliation ordained by Allah, the Prophet (pbuh) could never have reacted as he did. Yet, all the hadiths used by those who support the death penalty for apostasy refer back to this one unpleasant incident, without referring to any of these details that should convince the faithful that th4 death penalty was not the compulsory retaliation ordained by Allah.[2]

 

Background to hadiths vitally important

 

Whenever a hadith mentions punishing apostasy with the death penalty, it is very important that the relevant occasion or circumstances to which the hadith refers is fully explained. Once the explanation of the background is given, it can easily be seen that the person convicted of apostasy had also committed murder, or treason, or had joined the enemy forces in order to literally and physically fight against the Prophet (pbuh) and Islam. Thus, the death penalty was not for their apostasy as such, but for their attendant crimes and acts of treason – and for treason and murder the death penalty was certainly deemed to be judicially appropriate. In other words, a death sentence for apostasy was only to be considered when combined with a capital offence. This is the background to the harsh verse in surah 5:33. The various penalties would depend on the judge, and the gravity of the offence. ‘This will be their humiliation in this world,’ stated Allah, ‘and grievous punishment in the Hereafter – except for those who repent before you apprehend them; in such a case, you should know that Allah is forgiving and merciful.’

 

Repentance nullifies apostasy

 

If an apostate has genuinely repented, there is no need to pursue them in order to inflict any punishment whatsoever upon them. However, a zealot lawyer might argue that if the repentance only came after a person’s arrest, there remained the problem of how to know whether this supposed repentance was genuine or not? It could be argued that it should not be recognised as genuine, for obvious reasons. However, if we are to follow the sunnah, we should remember that the Prophet (pbuh) took the view that in any case of doubt, one should always give the benefit of the doubt and not be harsh. Thus, when his ‘grandson’ Usamah ibn Zayd captured and killed the apostate Mirdas ibn Nuhayk after the latter had shouted out his declaration of faith at the last moment to get himself ‘off the hook’, Usamah felt he had done the right thing, but the Prophet (pbuh) did not support him. Instead, he rebuked him severely and asked Usamah if he had cut him open and had a look at his heart to see whether he was telling the truth or not? (Bukhari. 5.568, Ibn Ishaq p.667, Ibn Sa’d 2.149, Ibn Kathir 3.301, 4.315).

 

Apostasy is not a matter that applies to non-believers at all. It only applies when a person has been a believing and practising Muslim, and then chooses of his or her own freewill to give up that belief.

 

Rejecters of a once-believed faith are apostates – but there are many reasons in life why people change their thoughts and reasons and conclusions, and decide to give up or part company with an old faith, and/or to adopt a new faith. Sometimes the reasons for the decision are for convenience. Sometimes it might be to please another, or conversely to annoy another and cause distress. It might also be for political purposes, or for purposes of advancement in a particular field or career. Usually, it is honestly because that particular belief no longer seems valid, or reasonable, or relevant, or possible, or likely, or in keeping with scientific knowledge. The seeker after truth follows what seems reasonable to him or her at the time, and if a person’s judgement is clouded by lack of education or incomplete knowledge, they are only doing their best to make their best judgement in the circumstances – they have not committed any capital offence.

 

Those who apostasized were only condemned to death if they took up arms and physically attacked Islam, and again, only until they repented. If a person simply left Islam, this was a matter between the apostate and Allah, and the punishment, if any, was as God willed, in the Life to Come. It was not for a human to play judge - judgement was for Allah alone - and He stated clearly that there should be no compulsion in religion.

 

It is not Allah’s will to force belief

 

The following is a very vital verse of the Qur’an:

 

 If it had been the will of your Lord that all the peoples of the world should be believers, then all the people of the earth would have believed! How can you, then compel humankind against their will to believe? It is not possible for anyone to believe except by the permission of Allah, and He showers ignominy on those who do not use their common-sense. Tell people: ‘Look at that which exists in the heavens and the earth.’ For signs and warnings are not reaching those people who have no belief.’ (Surah 10:99-101. See also Surah 2:256).

 

The Prophet (pbuh) was frequently vilified, but forgave

 

As regards the insistence of some pious persons that the death penalty should be imposed for leaving the faith, or vilifying Allah, or speaking abusively about Allah or his Messenger (pbuh), this was never the case. The Prophet (pbuh) himself was frequently abused and hurt and jeered at, but exhorted his followers going through equal or even greater suffering than himself to stand firm and accept the unpleasantness with patience, hating the evil, but never hating the people who had been overtaken by evil. The death penalty should only be required for cases of treason or murder. Treason implied that those who had once accepted the rule of Islam in an Islamic country had then not merely turned against it (which anyone might do – and be pitied for this tragedy rather than attacked), but that they had actively led physical attacks upon it and co-erced others into doing the same, which ended up in lives being lost.

 

Surah 7:168: ‘We broke their unity as a nation and dispersed them into different communities all over the earth - some of them are righteous and others are the opposite - We tested them with both blessings and misfortunes so that they might turn to the Right Way.’

 

Faith is like love – it is not something that can be forced, no matter how much one might earnestly desire to have it.

 

You cannot say - (if you are a sane person) – I will sit down on this spot and not move until I have fallen in love with some person. It does not make sense. It might never happen, and you would have wasted your life. Similarly, you cannot reasonably say – I will sit down in this spot and not move until I believe in God. You might be one of the very lucky few to whom some sort of amazing divine epiphany is granted – angels appear, you hear a voice from heaven, heavenly music, a cloud appears that seems to be shrouding a divine presence. But there is always catch 22 – if this sort of experience did happen to you, how would you know that what you were experiencing really was from God, and not the wiles of some Satanic influence instead? Or perhaps something in your mind might have gone wrong, and you suddenly begin to suffer from delusions and hallucinations. This was precisely what the Prophet himself (pbuh) thought. You see, you will never really believe in something unless you believe in it; it is not a matter that can be proved, or forced.

 

The realm of al-Ghayb, the Unknowable, really is beyond our capacity to understand and know. We are entirely dependent upon God choosing to reveal something of Himself to us. It is not something we can organise from our own desires.

 

And then, even after we have believed something, other circumstances might happen that take away that belief. Something which seemed perfectly reasonable to us at one moment might suddenly become unreasonable. Beliefs change; they alter according to our state of knowledge, inspiration, understanding, and so forth.

 

So, if a person who has once believed in Allah and been accepted in the fold of Islam then chooses to leave that fold and reject belief, that person has become an apostate – but should they then be put to death for it?

 

The Prophet’s (pbuh) duty was only to give the Message

 

It does not seem in keeping with reason, with compassion, with what is known about the character and wisdom and generosity of either God or His Prophet (pbuh). He was never ordered to use force:

 

Your duty is only to convey the message.’ 3.20, 5.92,99.

 

The delivery of the message is the duty for you, and the judgement is the duty for Us.’ 13.40.

 

And the most important verse of all:

 

Even if they turn away, you are responsible only for the delivery of the clear message.’ 16.82.

 

Trying to force faith is ridiculous

 

Faith is not complete when it is followed blindly or accepted unquestioningly. Human beings need to build faith on well-grounded convictions beyond any reasonable doubt and above uncertainty. If you try to force a belief on someone, the attempt is really ridiculous, and can only work through tyranny and aggression, and making the person forced frightened of the consequences of upsetting you. The way of dawah in Islam is to make as clear as possible the evidences and proofs – but every person must be allowed to believe or disbelieve what they want. Nowhere does Allah give permission to force or kill people who refuse to accept the message. Let us see His word again: ‘The delivery of the message is the duty for you, and the judgement is the duty for Us.’ 13.40. Allah is the Judge. It is for Him to decide, in ultimate terms, what the fate will be of those who reject the message. It is up to us to show that everything in the message is good, and promotes goodness and happiness and progress and peace. Allah never asked anyone to promote anything that was evil, or harmful, or hurtful verbally, physically, mentally or morally. The message was and is all good.

 

The case of Umar’s relatives

 

We may refer to the case of Umar’s relatives Hisham and the brothers Ayyash and Salamah, who were all incarcerated in the house of Ikrimah, the son of the Prophet’s (pbuh) bitter enemy Abu Jahl. There, they were horribly tortured, despite the Prophet’s (pbuh) pleas for their release. (Muslim 1428). Abu Jahl knew only too well how his cruelty upset the Prophet (pbuh), and not only insulted him by his pointed refusal to co-operate, but also highlighted the Prophet’s (pbuh) helplessness to defend them. The unfortunate Hisham and Ayyash both decided to give up Islam and thus became apostates. Shortly afterwards, the Prophet (pbuh) received this vital revelation:

 

‘Say: ‘O My servants who have transgressed against your own souls! Do not despair of the mercy of God, for He forgives all sins, and is Oft-Forgiving, Most Merciful. Turn to your Lord (in repentance) and bow to His (will) before the Penalty comes upon you; for after that it is too late to be helped.’ (Surah 39:53-54).

 

These words from Allah ar-Rahman ar-Rahim  thus assured any who had left Islam that Allah would certainly forgive those who repented and embraced Islam once again.

 

Umar swiftly wrote down a copy of the text  and had it sent to them, and they took the faith once more. This is a vital text for those who believe that all people who give up Islam are to be executed. The death penalty in Islam for apostasy is only for those who also commit murder and treason – not merely for giving up Islam.

 

The case of Abdullah b. Sa’d

 

Another case was that of Abdullah b. Sa‘d, the milk-brother of the notable companion Uthman b. Maz’un. This Abdullah became one of the Prophet’s (pbuh) most trusted scribes responsible for recording the revelations accurately. Later, he did indeed become one of the very few Companions who apostasized, and worse - went on to make the highly serious claim that the Prophet (pbuh) used to invent his revelations. If there had been a definite Qur’anic order to give the death penalty for recantation, then surely this was a prime example of a man who would not have been forgiven. However, after the capture of Makkah he was one of those who reconverted to Islam, and even if this reconversion was only out of prudence and fear and not genuine at all, he was pardoned on Uthman’s intercession. His pardon must be an extremely important precedent. It shows beyond question that Islam does not teach that people who leave the faith should be put to death. (Ibn Sa'd 2.174, Ibn Kathir 3.402). 

 

Mu’adh’s harsh judgement not shared by his colleagues

 

The Prophet (pbuh) was totally opposed to attempting to force people to accept what they did not wish to. Mu’adh b. Jabal, a companion who had a reputation for excessive fervour, was one of those given a position of authority as a governor and preacher. He was specifically instructed by the Prophet (pbuh) to ‘make things easy for people and do not put them into difficulty. Talk to them pleasantly, and not in a manner that might repel them. Reconcile, and do not alienate.’ One day Mu’adh saw a Jew who had converted to Islam and then apostasized, and had not only not been put to death (as some zealots might have wished), but had been held in safe custody for some three months by other Muslims who tried to make him change his mind back again. Mu’adh declared that he would not dismount until the man had been executed; and he was duly beheaded. (Muslim 4490, also in Bukhari and Abu Dawud). Mu’adh had taken a totally different attitude towards the apostate from the other Muslims who had him in custody – despite the Prophet’s (pbuh) warning to be moderate. The Prophet (pbuh) had obviously known Mu’adh needed this warning, but unfortunately in this case it was not heeded.

 

The case of Suhayl of Banu Amir

 

The Prophet’s (pbuh) attitude was revealed early in his Madinah period by an incident concerning one of his leading enemies, Suhayl, the chief of the Banu Amir, who had been captured in the Battle of Badr. He was a man who had a cleft lower lip. Umar threatened to pull out his two front teeth too. ‘Then his tongue will hang out, and he will never be able to speak against you again!’ The Prophet (pbuh) gave a reply which was so revealing of his modest, compassionate and wise nature. ‘I will certainly not mutilate him,’ he replied, ‘for if I did, surely Allah would mutilate me, even though I am His Messenger. Think - it may be that one day he will make a stand for which you will not be able to find fault with him.’ (Ibn Kathir 2.324 from Ibn Ishaq). Suhayl lived to become a great Muslim hero, in the Battle of Yarmuk.  The Prophet’s (pbuh) forward-looking and generous attitude is an important sunnah for those zealots who regard non-Muslim territories (such as ‘the West’ – whatever that may mean) as Dar al-Harb (House of War), full of enemies who need conquering. The Prophet (pbuh), on the contrary, saw such territories as Dar al-Dawah (House of Missionary Preaching), full of potential converts.

 

And such changes were and are always possible. ‘Allah has never changed the blessings which He has bestowed on a people until they themselves changed the condition of their souls; verily Allah hears all and knows all.  (Surah 8:53).

 

May Allah bless you, wasalaam, Ruqaiyyah.

 

 



[1] There are many different schools of thought in Islam. The most important Sunni ones from the third century after the life of the Prophet (pbuh) were the Hanafi, Maliki, Hanbali and Shafi’i. The main Shi’ite school of thought is the Jafari.

[2] Abu Zinad related that it was when the Apostle of Allah (pbuh) cut off (the hands and feet of) those who had stolen his camels and had their eyes put out by fire, that Allah reprimanded him for that (action), and revealed: ‘The punishment of those who wage war against Allah and His Apostle and strive with might and main for mischief through the land is execution or crucifixion.’ Abu Dawud 2052, referring to Surah 5:33. Two things can be seen immediately - the hadith does not quote the full verse, and the point of the hadith was to indicate the origin of this particular revelation, an occasion on which the Prophet (pbuh) was reprimanded for going beyond the allowed limit of punishment. Abdullah ibn Abbas narrated that when that passage was revealed, it referred to polytheists, and if any of them repented before they were arrested, it would not prevent from inflicting on him the prescribed punishment which he deserved (because of the murders actually committed). Abu Dawud 2053.