Why do people who comit apostacy in Islam have to be put to death?
Apostates are not put to death in Islam.
This is based on a misunderstanding when people say that the penalty for apostasy is death in Islam.
There are two forms of apostasy: Minor and Major Apostasy.
Shaikh Yousuf Al-Qaradawi, the leading scholar of our times, says:
"(Shaikh Al-Islam) Ibn Taymiyah differentiated between two kinds of apostasy, (1) an apostasy which does not cause harm to the Muslim society and (2) an apostasy in which apostates wage war against Allah and His Messenger and spread mischief in the land."
The harmless apostasy is Minor Apostasy and the harmful apostasy is Major Apostasy. It is only the latter in which the penalty is death.
In the time of the Prophet (s), there were a group of Muslims who would continually threaten to become apostates and fight Islam with the enemies of Allah. And yet these Muslims had taken a
Baya'ah (oath of allegiance) at the hand of the Prophet (s) to take him as their leader and to protect in the defense of Medinah (the Islamic capitol). This was a legal and binding oath to the Republic of Medinah, taken by Muslims and Jews. And yet, when the Non-Muslim pagans came to attack Medinah, these people rescinded on their pledge of loyalty, and became apostates by aiding the enemies in fighting the Prophet (s). It should be noted that fighting the Prophet (s) is considered automatic disbelief and apostasy in Islam. It is *these* apostates that are to be punished by death. Aiding non-Muslims in killing Muslims is considered Major Apostasy and high treason, punishable by death. For example, if Iraq were an Islamic country and it were attacked by Non-Muslims, then any Iraqi Muslim who aided the Non-Muslims in fighting the Muslims would be considered an apostate and guilty of high treason punishable by death.
However, the type of apostasy which most people think about nowadays with secular societies has nothing to do with treason against the state or fighting. Instead, this is the Minor Apostasy, in which a person loses faith in Islam and simply abandons it,
but does not harm Muslims; he does not call to fight Islam and he does not wage war against the Prophet (s) and his followers. This type is *not* to be punished by death.
Evidence for this differentiation (between Major and Minor Apostasy) comes from the fact that Prophet Muhammad (s) did not put to death one group of apostates who did not fight the Muslims, but he did have another group of apostates executed because that group had fought the Muslims.
Shaikh Al-Qaradawi says, citing Shaikh Ibn Tamiyyah (considered the Shaikh of Islam):
"(Shaikh Al-Islam) Ibn Taymiyah mentioned that the Prophet (peace and blessings be upon him) accepted the repentance of a group of apostates, and he ordered that another group of apostates, who had committed other harmful acts to Islam and the Muslims, be killed."
For example, after one battle, Maqis ibn Subabah was executed for commiting Major Apostasy; he had rescinded his oath and aided in killing a Muslim.
One of the Prophet's Companions (Anas) said to the Second Caliph:
"O Commander of the Believers, they are people who turned apostate and joined the polytheists (in battle), and thus they were killed in the battle."
Notice how apostasy and waging war are grouped together; this may seem strange nowadays but back then religion was considered part of state loyalty. People who believed in Islam defended the Prophet (s) and Medinah, whereas those who disbelieved in it would oftentimes fight Islam and the fledgling State of Medinah. When a group of Muslims would become apostates, usually they did so after enticements from the enemy camps and bribes to defect. Therefore, their denunciations of Islam would always come with a declaration of war.
The Prophet (s) said:
"The blood of a Muslim--who testifies that there is no god but Allah and that I am the Messenger of Allah--is not lawful to shed unless he be one of three: a married adulterer (i.e. adultery), someone killed in retaliation for killing another (i.e. murder), or someone who abandons his religion and the Muslim community (i.e. treason)."
The Prophet (s) said with clarification:
"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: a married person who commits adultery (he is to be stoned), and a man who went out (i.e. apostated) fighting against God and his Messenger (he is to be killed or crucified or exiled from the land), and a man who murders another person (he is to be killed on account of it)."
So we see that the emphasis is that they not only apostate but they fight against the Muslims (i.e. high treason). This is based on the following verse in the Quran:
"The punishment of those who wage war against Allah and His Apostle, and strive with might to make mischief in the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land: this is their disgrace in this world, and a heavy punishment is theirs in the Hereafter." (Quran, 5:33)
This is the punishment in the Quran for high treason and fighting the Muslims, which is considered Major Apostasy.
But if a person simply abandons Islam and does not wage war, then he is to be left alone. In this next Prophetic Saying, a man who took
Baya'ah (oath of allegiance) at the hand of the Prophet (s) and declared himself a Muslim, tells the Prophet (s) that he wants to break that oath.
Jabir ibn `Abdullah narrated that a Bedouin pledged allegiance to the Apostle of Allah for Islam (i.e. accepted Islam) and then the Bedouin got fever whereupon he said to the Prophet (peace and blessings be upon him) "cancel my pledge." But the Prophet (peace and blessings be upon him) refused. He (the Bedouin) came to him (again) saying, "Cancel my pledge." But the Prophet (peace and blessings be upon him) refused. Then he (the Bedouin) left (Medina).
The Prophet (s) did not order that this man be executed, because he simply abandoned Islam but did not fight it. This is Minor Apostasy. In this case, the Muslims are not to kill him but to advise him to repent and return to the folds of Islam.
Allah says that there are some who
"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." (Quran, 3:72)
And Allah says:
"Behold, as for those who come to believe, and then deny the truth, and again come to believe, and again deny the truth, and thereafter grow stubborn in their denial of truth — Allah will not forgive them, nor will guide them in any way." (Quran, 4:137)
Jamal Badawi comments on this verse:
"It is important to note in the above verse that if the Qur'an prescribes capital punishment for apostasy, then the apostate should be killed after the first instance of apostasy. As such there would be no opportunity to 'again come to believe and again deny the truth, and thereafter grow stubborn in their denial of truth.' In spite of these acts of repeated apostasy, no capital punishment is prescribed for them."
The Shaikh of Al-Azhar University, Abdul-Majeed Subh, says:
"No Punishment, If No Harm...There is no harm in ignoring the apostasy of an individual as long as he or she does not harm the nation."
There is no compulsion or coercion in religion, as Allah says:
"And say: 'The truth is from your Lord,' so let him who please believe, and let him who please disbelieve." (Quran, 18:29)
"Let there be no compulsion in religion." (Quran, 2:256)
"And so (O Prophet): admonish them; your task is only to admonish. You cannot compel them (to believe.)" (quran, 88:21-22)
"If they surrender (to God), then truly they are rightly guided, and if they turn away, then behold, your duty is no more than to deliver the message." (Quran, 3:20)
I think(Salah-Al-Din may disagree with me) that death for minor apostasy is a repressive form of control that at best is misguided.
I do not disagree with you. The penalty for minor apostasy is *not* death.
"Let there be no compulsion in religion." (Quran)
Salah - could you please answer my question about whether or not apostates who fight against Islam intellectually after their apostasy are to be considered major apostates? It's given in
this post.
Hold your horses, good sir.
I was getting around to it.
Firstly, it should be established that any punishment can only be administered by the state government and only within its own borders. There is no precedence for administering the law in foreign lands. Therefore, Ayatollah Khomeini was wrong for putting a bounty on Rushdie's head. Khomeini is a heretic, Kaffir (disbeliever), and outside the folds of Islam, as stated in numerous
fatwa by the Sunni scholarship. Khomeini declared himself to have authority equal to Prophet Muhammad (s) and even said that he had the right to declare the Haram (forbidden) to be Halal (permissible) and vice/versa, even saying he could void Salat (prayer) and Zakat (alms) if he wanted to. This is a great heresy and blasphemy. His horrendous "fatwa" was largely condemned in the Sunni world, including by Al Azher University.
On the same note, to declare a bounty on the head of say the Denmark cartoonists is also
Haram (forbidden) and has no basis in Islam. This sort of vigilante justice is not accepted nor tolerated in Islam. Furthermore, it would be a huge violation of the treaties and covenants with other countries, which are considered sacred in Islam.
Therefore, major apostates in other lands outside the Islamic Lands cannot be punished, nor should a bounty be put on their head or any other such nonsense. The only thing that can be done in such a case is to be steadfast and persevere. Furthermore, the Islamic country can put pressure on the other country to stop that individual from doing that.
So far, we have discussed Major Apostasy and blasphemy in foreign Non-Muslim lands. Let us now discuss under an Islamic government in Islamic Lands:
Major Apostasy is the one who apostates and then attacks Islam and the Muslims. Yes, such an attack could be done by the pen, such as one who calls for war against the Muslims or even the one who engages in mean-spirited intellectual diatribes against the faith. This does not refer to one who engages in courteous debate and healthy dialogue but to the one who insults, mocks, uses abusive language, curses, lies about, and slanders the faith.
Shaikh Yousuf Al-Qaradawi states:
"According to (Shaikh Al-Islam) Ibn Taymiyah, waging war against something may be done by already attacking it or by speaking against it. The latter may be far more dangerous than the former with regard to religions. So is also the case with spreading mischief: it may be through causing physical damage or through causing moral harm, and the latter is, likewise, far more hazardous than the former with regard to religions. This proves how much more harmful it is to wage war against Allah and His Messenger by speaking against them and seeking to spread mischief in the land. In Arab culture, we say that the pen is mightier than the tongue. Writing about something may be far more effective than merely speaking about it, especially in this day and age, as writings can be widely published."
All citizens must pledge
Baya'ah (oath of allegiance) which must be taken at the hand of the Caliph or designated official. This oath must be taken at the time of maturity (i.e. when one becomes an adult). This oath contains the condition that blasphemous attacks against Islam are not permitted. In exchange, the state promises to protect the citizen's life and prosperity.
Therefore, a person who apostates and then launches into blasphemous attacks against Islam is in violation of this oath, and he is asked to repent. What is meant by blashphemous attacks is not genuine questions or concerns about the faith, but rather what is meant by this is slander, lies, mocking, belittling, and viscious attacks. However, genuine dialogue is not forbidden, so long as the person is courteous and appropriate. There is a lot of evidence for this view, because historically there were many healthy debates with Non-Muslims that not only were allowed but also which shaped Muslim theology.
As for the Major Apostate who engages in blasphemous attacks upon Islam, he is asked to repent and refrain from that. If he remains obstinate and refuses to stop, then the punishment is death.
However, it should be noted that in an Islamic government, this punishment would likely never be carried through, as it is symbolic in nature and only as a deterrent. If a person would write slanderous things about Islam, and then he was arrested for that, and threatened with death if he did not repent, it is highly likely that he would refrain from that with the threat of death. Indeed, nothing could prevent him from fleeing the country and continuing his campaign of disinformation there. Therefore, the Islamic Law against Major Apostates is only as a deterrent to prevent people from engaging in abusive attacks against Islam in the lands of the Muslims whilst feeding off the land of the Muslims. It is even allowed for him to engage in healthy dialogue and appropriate debate so why must he resort to attacks and abusive language?
Shaikh Al-Islam Ibn Taymiyah says:
"The Prophet's Companions (may Allah be pleased with them) were unanimous that the apostate be asked to repent and return to Islam before punishment is inflicted upon him."
Therefore, from a practical viewpoint, the penalty would likely never be administered, since the person is given a chance to stop attacking Islam. And who would wish to mock the faith so much that he must continue to do so even under the threat of death? Hence, this penalty is simply one of deterrence.
One further note: many Jews and Christians criticize the Muslims for such a harsh penalty for Major Apostasy and blasphemy, but little do they know that the death penalty is advocated for this in the Bible:
Deuteronomy 13:6-9
"If your very own brother, or your son or daughter, or the wife you love, or your closest friend secretly entices you, saying: Let us go and worship other gods (gods that neither you nor your fathers have known, gods of the peoples around you, whether near or far, from one end of the land to the other, or gods of other religions), do not yield to him or listen to him. Show him no pity. Do not spare him or shield him. You must certainly put him to death. Your hand must be the first in putting him to death, and then the hands of all the people."
Deuteronomy 17:3-5
"And he should go and worship other gods and bow down to them or to the sun or the moon or all the army of the heavens, .....and you must stone such one with stones and such one must die."
2 Chronicles 15:13
"All who would not seek the LORD, the God of Israel, were to be put to death, whether small or great, man or woman."
In the Bible, we read how anyone who curses his mother or father should be killed, so what about cursing one's religion? Surely, that is a greater sin than cursing one's parents.
Matthew 15:4
"For God said, 'Honor your father and mother' and 'Anyone who curses his father or mother must be put to death.'"
Exodus 21:17
"Anyone who curses his father or mother must be put to death.
------------------
In conclusion, the Islamic Law states that a man can become an apostate without worldly punishment but that he may not attack Islam while in the lands of Islam. This refers to attacks (i.e. abusive language, mocking, insults, slander, lies, etc) but it does not refer to healthy dialogue and civil debate.
Take care.
) Now I need to go to school, but I wanted to post a question now so that (Again, hopefully) you could answer it by the time I get back on here. If not, then just answer it when you have time.
The people you mentioned do nothing more than profit on people's hate in the west. 
