WHO IS AND WHAT HAPPENS TO MURTAD OR APOSTATE IN ISLAMIC SHARI'AH

WHO IS AND WHAT HAPPENS TO MURTAD OR APOSTATE
IN ISLAMIC SHARI'AH

 Read ONLY,  IF AND WHEN you have time and mood for: 

 “An Ayah of the Quran for 30 Days” -- April 2013

From the Pen and Perspective of a self-styled PPK Muslim (Proud, Practicing, Knowledgeable) with a humble submission that Islam totally rejects Blind Following BUT vigorously focusses on the Limitations of Pure Human Reasoning..............and clearly and comprehensively AlLAH knows best.

In the beginning of the seventh century C.E., the folks of Mecca and Medina had a fascinatingly unique window: they had direct access to the Heavens through one of their own. They were blessed with a regular stream of Divine counseling and guidelines. Question and answer sessions were part of the program. Even individual questioner was graced by an answer. In the short Introduction to this scheme they were assured that at the end of this twenty-two year project, Divine Directions and Admonitions will continue through the agency of the PEN. The whole discourse has been preserved and archived till eternity under the guarantee of our Lord and Creator. This record in known as the Quran. 

It should sound unbelievable but factually appears to be true: Many of our prevalent, widespread and important concepts and opinions about religious matters do not have a basis in the Quran and sometimes even appear to be in obvious conflict with the teachings of the Quran. It would be very educative and helpful to discuss an Ayah once a month to see if it supports or rejects our views and actions in our daily life. I wish and hope this email generates a fruitful interactive discussion. 

Surah Al-Baqarah (2), Ayah 217 (The latter part of the ayah only)

وَمَنْ يَرْتَدِدْ مِنْكُمْ عَنْ دِينِهِ فَيَمُتْ وَهُوَ كَافِرٌ فَأُولَئِكَ حَبِطَتْ أَعْمَالُهُمْ فِي الدُّنْيَا وَالْآَخِرَةِ وَأُولَئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ 

"And if any of you Turn back from their faith and die in unbelief, their works will bear no fruit in this life and in the Hereafter; they will be companions of the Fire and will abide therein".

In this ayah Allah Ta’aala Subhanahoo is advising us about a Murtid -- a renegade from Islam. HIS judgement is very clear and unambiguous. The message comes out beautifully if one follows the ayah by the exact Arabic words. Bari Ta’aala refers to a deserter and then adds “ fa-yamut “meaning “then he dies” clearly implying that he dies his natural death; no body has killed or executed him. The ayah continues “ wa huwa kafirun” which translates as “ and he is a kafir.” Here lies the beauty of style and presentation. The subject under discussion is a deserter which means he is already a kafir. Then why the need to say “and he is a kafir.” The message is quite clear: he had a chance during this part of his life to revert to Islam but he did not avail of it and died as a kafir.Thus, Allah Ta’aala commands us to leave the Murtid to live his life and hope (and pray, if you like) that he may see the light before it is too late. If he does not turn back to his previous deen and dies a kafir, then God Almighty has passed a clear judgement on him: all his deeds are worthless, he is dweller of fire and will abide therein eternally. 

Before I proceed, some definitions should  help:

Ridda or Irtidãd: Literally means "turning back". The act of apostasy -- leaving Islam for another religion or for a secular lifestyle.

Murtadd: Literally means  "one who turns the back." An apostate.

Murtad Fitri: Literally means  apostate - natural. A person born of a Muslim parent who later rejects Islam.

Murtad Milli: Literally means apostate - from the community. A person who converted to Islam and later rejected the religion.

There are about twenty ayahs in the Quran referring to apostasy. Of these, I have quoted hereunder seven single or groups of ayahs to give a broader picture for the interested reader.^1,2,3,4

If there was any doubt left after the ayah of the month, these additional ayahs are a striking pronouncement and almost conclusive against the thesis that an apostate must lose his head immediately after his defection from the faith. The act of apostasy must, therefore, be a sin and not a crime.  The main inference derivable from these verses is that there is no punishment for apostasy to be enforced in this world, for such human aberrations cannot frustrate God's purposes. In fact there is no reference to the death penalty in this world in any of the 20 instances “irtidad” mentioned in the Qur'an. The Word of God clearly envisages the natural death of the apostate. He will be punished only in the Hereafter. 

There seems to be a consensus on this issue amongst ulemaa and fuqahaa -- the scholars and jurists -- that Quran does not support any worldly punishment for irtidad. Mahmud Shaltut, the late Grand Imam of Al-Azhar University argued that a worldly punishment for apostasy was not mentioned in the Qur'an and whenever it mentions apostasy it speaks about a punishment in the Hereafter. The late dissenting Shia jurist Grand Ayatollah Hossein-Ali Montazei a significant Shi'a religious authority, stated that the Quranic verses do not prescribe an earthly penalty for apostasy. It will be interesting to read the views of some orientalists. W. Heffening states that in Qur'an "the apostate is threatened with punishment in the next world only."  Wael Hallaq  holds that "nothing in the law governing apostate and apostasy derives from the letter of the holy text. Maudoodi is a very notable exception who quotes a single ayah in favour of the death penalty in his long essay on the subject. According to most notable exegetists this ayah pertains to the hypocrites and not apostates; more on this later.

As far as the Quranic dictates on the issue of murtid are concerned, the following comes out clearly and loudly:

1. Allah Ta’aala does not prescribe for the apostate any material punishment in this world
2. The apostate is allowed to die his natural death
3. It is hoped that he may revert to Islam in the meantime
4. If he dies a Kafir, he is condemned by Bari Ta’aala to Hellfire where he will stay eternally. 

The dominant creed of Sunni Muslim Islam, however condemns a murtid to death. As if to appear more loyal, the definition of murtid has also been stretched to include, in addition to conversion to another religion a list of actions such as denying the existence of God, rejecting the prophets, mocking God or the prophets, idol worship, rejecting the shariah or permitting behavior that is forbidden by the sharia, such as adultery or the eating of forbidden foods or drinking of alcoholic beverages.

Before I dwell on the basis for this point of view, I would like to try a different approach. For a moment, let us all think as good PPK Muslims (proud, practicing, knowledgeable) using the understanding and knowledge of our Deen gleaned from the teachings of our ulema and fuqahaa but completely ignore for the time being their opinions and fatwas.

Once we think in this way, is it not the basis and essence of our Eemaan and Aqeedah that:

1. The Quran is the exact words of our Lord and Creator
2. It has been delivered to us through the lips of our Dear Prophet
3. It has been transmitted to us over the centuries under the full and clear guarantee and security of God Almighty and therefore
4. We firmly and completely believe that there has not been any alteration in the whole book over the centuries.
5. The commandments and principles mentioned in the Quran are those of our Lord and Creator
6. To refute the commandments of Allah Ta’aala is tantamount to “Kufr” (No, this does not make the individual a Kafir)

As humans the only situation that we do feel like having some sort of rapport, experience or “contact” in this world with our Creator is while we are reciting the Quran. This being so, can we then agree with the great scholar Maudoodi, a very dogmatic and staunch proponent of “death to the murtid” when he says

 “..............let us suppose the commandment (of death to the Murtid) is not found in the Qur'an. Still the large number of Hadith, the decisions of the Rightly-Guided Caliphs and the united opinions of the lawyers suffice fully to establish this commandment.” Even if you multiply a trillion times, I would unhesitatingly say the weight that Maudoodi has measured for his argument in favour of the death verdict for the Murtid, it will still balance out to nothing against the commandment of our Lord and Creator mentioned in the Holy Book. All the support that the famous scholar has tried to gather, is not even an iota against a single ayah of the Quran. The opinions of the the great Islamic scholars, whatever their stature or piety has no hujjat -- sanction -- in Islamic theology or jurisprudence unless and until backed by the Quran or the practice and precepts of the Holy Prophet. This, as I have stated earlier is a core part of our Eemaan and Aqeedah. Going against it will be tantamount to Kufr. Am I pretentious enough to even suggest a hint of kufr against a highly regarded scholar of Islam? No, I dare not; it will be madness on my part. I am simply following the advice of the distinguished and outstanding sage in Islam, the closest friend and companion of our Holy Prophet and second only to him the Rightly Guided First Caliph Hazrat Abu Bakr Siddique who advised in his very first Khutba⁵ on being elected as the Leader of the Umma “...... So if I do the right thing and help me. If I do wrong then put me straight...... As long as I obey Allah and His messenger, you should obey me, and if I do not obey Allah and His messenger, then obedience to me is not incumbent upon you........” Additionally, there are many a episodes, reported in books of tafseer,  hadith and seerah when the noble Sahaabaa  have questioned the Allah’s Messenger himself whether a certain advice expressed by him is his personal view or is it from Allah. The latter would be mandatory for them but the former was open to discussion. 

Our love and respect for our Holy Prophet and his immense stature does create some doubts about the conclusions I have made above. The death penalty to the murtid recommended by the ulemaa is usually attributed to him, mistakenly though. We will discuss this issue as we go along. But for now, I would like to clarify that our Holy Prophet has interpreted, explained and elaborated when necessary the teachings, philosophy and commandments in the Quran but he flatly and consistently refused to add or supplement any part of it; contradicting a dictate of the Holy Book was out of question for him. (The details of the ritual -- ibadaah -- are an exception; we depend entirely on our Holy Prophet for them.) S.A. Rehman⁶ has very well explained the relative position of the Quran and the Holy Prophet quoting Imam Shafai’ and the Quran ⁷ : “........that the commandments contained in the Qur'an can be abrogated only by another verse of the Our'an and not by any authority lower in status..... the Sunnah of the Prophet cannot perform any such abrogating function vis‑a‑vis the Qur'an........”  Shah Wali Allah too in his “Iqd al jid”  lays down the principle that “Sunnah only explains the Qur'an and can never contradict it.”

I think we have had enough for this month. We will discuss the reported shariah basis for the popular Sunni creed of “death to the murtid” next month. In the meantime let us all think as good and genuine Muslims --  distinct from the scholars: If one is convinced that Allah Ta’aala in his Book has allowed a murtid to complete his natural life, do we need an opinion or fatwa from the ulemaa and fuqahaa on this subject?

.....and Allah knows best. 

May Allah Ta’aala bless us with true understanding--“fahm”--of our Deen, Aameen.

FOOTNOTES:

(1) Surah 3/86-91

 “How shall Allah Guide those who reject Faith after they accepted it and bore witness that the Messenger was true and that Clear Signs had come unto them? but Allah guides not a people unjust. (86) Of such the reward is that on them (rests) the curse of Allah, of His angels, and of all mankind;- (87) In that will they dwell; nor will their penalty be lightened, nor respite be (their lot);- (88) Except for those that repent (Even) after that, and make amends; for verily Allah is Oft-Forgiving, Most Merciful. (89) But those who reject Faith after they accepted it, and then go on adding to their defiance of Faith,- never will their repentance be accepted; for they are those who have (of set purpose) gone astray. (90) As to those who reject Faith, and die rejecting,- never would be accepted from any such as much gold as the earth contains, though they should offer it for ransom. For such is (in store) a penalty grievous, and they will find no helpers”. (91)

(2) Surah 4/137“Those who believe, then reject faith, then believe (again) and (again) reject faith, and go on increasing in unbelief,- Allah will not forgive them nor guide them nor guide them on the way”.

 This  ayah  is a striking pronouncement and almost conclusive against the thesis that an apostate must lose his head immediately after his defection from the faith. The act of apostasy must, therefore, be a sin and not a crime.  The main inference derivable from these verse is that there is no punishment for apostasy to be enforced in this world, for such human aberrations cannot frustrate God's purposes

(3) Surah 4/88-90

Why should ye be divided into two parties about the Hypocrites? Allah hath upset them for their (evil) deeds. Would ye guide those whom Allah hath thrown out of the Way? For those whom Allah hath thrown out of the Way, never shalt thou find the Way.(88)They but wish that ye should reject Faith, as they do, and thus be on the same footing (as they): But take not friends from their ranks until they flee in the way of Allah (From what is forbidden). But if they turn renegades, seize them and slay them wherever ye find them; and (in any case) take no friends or helpers from their ranks. (89)Except those who join a group between whom and you there is a treaty (of peace), 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 but fight you not, and (instead) send you (Guarantees of) peace, then Allah Hath opened no way for you (to war against them).(90)

(4)

Surah 16/106

Any one who, after accepting faith in Allah, utters Unbelief,- except under compulsion, his heart remaining firm in Faith - but such as open their breast to Unbelief, on them is Wrath from Allah, and theirs will be a dreadful Penalty.

Surah 9/11-12But (even so), if they repent, establish regular prayers, and practise regular charity,- they are your brethren in Faith: (thus) do We explain the Signs in detail, for those who understand. (11) But if they violate their oaths after their covenant, and taunt you for your Faith,- fight ye the chiefs of Unfaith: for their oaths are nothing to them: that thus they may be restrained. (12)

Surah 3/144

Muhammad is no more than a messenger: many Were the messenger that passed away before him. If he died or were slain, will ye then Turn back on your heels? If any did turn back on his heels, not the least harm will he do to Allah; but Allah (on the other hand) will swiftly reward those who (serve Him) with gratitude.

Surah 18/29

Say, "The truth is from your Lord": Let him who will believe, and let him who will, reject (it): for the wrong-doers We have prepared a Fire whose (smoke and flames), like the walls and roof of a tent, will hem them in: if they implore relief they will be granted water like melted brass, that will scald their faces, how dreadful the drink! How uncomfortable a couch to recline on!

(5) First Khutba of Caliph Abu Bakr after being elected Leader:

“O People! I have been put in authority over you and I am not the best of you. So if I do the right thing and help me. If I do wrong then put me straight. Truthfulness is a sacred trust and lying is a betrayal. The weak amongst you is strong in my sight. I will surely try to remove his pain and suffering. And the strong amongst you is weak to me I will – Allah willing – realize the right from him fully. When obscene things spread among any nation, calamities generally continued to descend upon them. As long as I obey Allah and His messenger, you should obey me, and if I do not obey Allah and His messenger, then obedience to me is not incumbent upon you. Now stand for the prayer.”

(6) Dr. Sheikh Abdur Rehman (June 4, 1903, – July 25, 1990) was a Chief Justice of Pakistan. He did his MA from University of Punjab, BA Hons from Oxford and Ph.D. in Law from Cairo.

(7) Before taking up the specific ahadith (traditions) which are relied upon by the proponents of the death sentence for apostasy, it would be useful to clear the ground by a few observations concerning the relative positions of the Qur'an and the Hadith. Imam Shafi'i in his al‑Risalah  has clearly enunciated the principle that the commandments contained in the Qur'an can be abrogated only by another verse of the Our'an and not by any authority lower in status. He holds definitely that the Sunnah of the Prophet cannot perform any such abrogating function vis‑a‑vis the Qur'an, for it is itself subject to the Book of God in respect of all clear and well‑defined Qur'anic texts (Nusus). Of course, he says, it can interpret, explain or expound, with subsidiary details, the summary commandments included in the Qur'an. In support of his position, Shafi'i cites the verse of the Qur'an:

And when Our Clear revelations are recited unto them, they who do not look for the meeting with Us, say: Bring a Qur'an other than this or change it. Say (O Muhammad): it is not for me to change it of my own accord. I only follow that which is revealed to me. Lo! if I disobey my Lord, I fear the retribution of an awful day (Yunus, verse 15).

 He also draws strength for his argument from verse 106 of Surat al‑Baqarah :

"Whatever revelation We abrogate or cause to be forgotten We bring (in its place) one better or the like thereof. Knowest thou not Allah is able to do all things?"

It is thus Allah alone Who can change what has emanated from Him and, considering the fundamental position of the Qur'an in Islam, this stands to reason.

A