10 Ocak 2020 Cuma

APOSTASY

some rumor - hadiths ?**
18.29 (“this is the truth from your Lord; so whoever wills, let him believe, and whoever wills, let him disbelieve”)


 Qur’an has legitimized the freedom of religion.[ 18:29.] There is no compulsion in religion.[2:256.] The messengers declare the divine laws.[ 16:35.]  They remind,[ 88:21.] warn, and tell the good news,[ 5:19] but they do not use force.[88:21-26.] The last messenger of Allah is commanded in Qur’an: “You cannot lead the way for whom you like, but Allah leads the way for whoever that shows the necessary effort”.[ 28:56.] Despite being insulted by men, Allah the Almighty legitimizes them their right to live and reprieves their punishment to the Day of Reckoning.[3:181, 36:47, 19:88, etc.] Qur’an shows that a man can fall to disbelief again and again after once believed,[ 4:37.] but commands others to invite them to the true way of Allah with rightness and kindness.[ 16:125.] Because of the test in this world, it is informed that one can hear offending words from people of other religions and that he should be patient about it and say “our work is ours and your work is yours”, “your religion is yours and my religion is mine”.[3:186, 28:55, 109:1, etc.] In order to form a virtuous society which Qur’an aims at, there have to be a freedom of religion and the ones who disbelieve should be able to express themselves without any fear. There is no meaning to state being a believer in a community in which there is no freedom of religion. In fact, these types of communities encourage insincerity and hypocrisy. Consequently, we can say that a belief which is desired by the Qur’an is one that is formed by total satisfaction through reflecting and using correct information.[ 6:149]   ( via islamand quran.org)
It is a significant fact that the Book of God does not prescribe any punishment for apostasy. Many Muslims would immediately say, The Qur`an does not tell us everything. We need to go to the Hadith to find guidance on matters not touched by the Qur`an. But while this is true of matters of detail, this is not true of fundamental issues. God knew that while the Qur`an would be preserved faithfully, the authenticity of ahadith will remain subject to doubts in most cases. Therefore, he would make sure that all the basic teachings would be included in the Qur`an while leaving some details to ahadith so that the size of the Qur`anic text remains manageable for memorization. Looked in this way the absence in the Qur`an of any punishment for apostasy becomes very significant.

The Qur'ān clearly says that, 
"There is no compulsion in the religion." (2:256)
What this verse actually means is that: "There is no compulsion in (accepting) the religion (of Islam)." Why? The verse continues, 
"Surely the Right Path is clearly distinct from the crooked path."
So Muslims can always show the difference between the right and the wrong paths, but not force the non-Muslims to accept Islam. The Prophet of Islam has also been mentioned as a reminder, not as a person who forces Islam upon others. 
"Therefore, you remind (them), for you are only a reminder; you are not a watcher over them." (88:21-22)
In many other verses, the Prophet is described as 
"a bearer of good news and a warning of God's punishment." (2:119)
 “Let him who will believe and let him who will disbelieve (18:29).” Belief is mentioned as a matter of personal choice. The next part of the latter verse makes it clear that God - not man - is the sole judge of faith (or the lack thereof) and will reward or punish as He wills in the Hereafter.
This rule applied to Prophet Muhammad equally. His job was solely the delivery of the message, not its imposition by force. God says in the Koran: “So if they submit, then indeed they follow the right way; and if they turn back, then upon you is only the delivery of the message...(3:20).” And: “Obey Allah and obey the Messenger and be cautious. But if you turn back then know that the duty of Our Messenger is only a clear deliverance of the message (5:92).” This theme is repeated throughout the Koran. Man is given free choice to accept the message of Islam, refuse it, or turn back on it. God reserves the right to impart judgment for these choices in the afterlife.
As far as individual beliefs are concerned, it is between the individual and God - the state has no right to intervene.
For Qur'anic ayahs on apostasy as far as beliefs are concerned, see the following: 2.109, 2.143, 2.217, 3.72, 3.77, 3.80, 3.82, 3.86, 3.90, 3.100, 3.106, 3.144, 3.149, 3.177, 3.187, 4.81, 4.137, 5.54, 49.15, 63.3. Not once is death penalty, let alone any kind of penalty, mentioned.

In Islam, apostasy is sinful, but it would only be punished in the hereafter. Muslims are not keepers over those who go astray to coerce them to accept Islam against their will. The duty of any Muslim is to convey the message and if somebody turns away, then the matter is between him and God. See also 3:20; 3:64; 3:144; 4:80; 5:92; 5:99; 5:105; 6:35; 6:66; 6:104; 6:107; 6:112; 6:149; 10:41; 10:99; 10:108; 24:54; 27:92; 30:52-53; 39:41; 50:45; 88:21-22; 109:6. There are other verses in the Quran which clearly envisage that an apostate is to be given an opportunity until his natural death to return to the fold of Islam, and if he doesn’t his punishment is in the next life, not here: Quran 2:217: “…they will not cease fighting with you until they turn you back from your religion, if they can; and whoever of you turns back from his religion, then he dies while an unbeliever– these it is whose works shall go for nothing in this world and the hereafter, and they are the inmates of the fire; therein they shall abide.” The Arabic word that is used here is “fayamut” implies a person dying on his own and not being slain. Quran makes that clear distinction in verse 3:144 which uses two words “matta” (dies) and “qutila” (slain) together [both matta and fayamuth are derived from the same word ‘moth’ meaning death]. 
 There are verses which say: 
 [3.85] And whoever desires a religion other than Islam, it shall not be accepted from him, and in the hereafter he shall be one of the losers.
[3.86] How shall Allah guide a people who disbelieved after their believing and (after) they had borne witness that the Apostle was true and clear arguments had come to them; and Allah does not guide the unjust people.
[3.87] (As for) these, their reward is that upon them is the curse of Allah and the angels and of men, all together.
[3.88] Abiding in it; their chastisement shall not be lightened nor shall they be respited.
[3.89] Except those who repent after that and amend, then surely Allah is Forgiving, Merciful.
[3.90] Surely, those who disbelieve after their believing, then increase in unbelief, their repentance shall not be accepted, and these are they that go astray.
[3.91] Surely, those who disbelieve and die while they are unbelievers, the earth full of gold shall not be accepted from one of them, though he should offer to ransom himself with it, these it is who shall have a painful chastisement, and they shall have no helpers.
In these verses, Quran clearly offers repentance to apostates and in the absence of which, a painful punishment awaits them in the next world. No mention is made of punishment in this world( via contreversialislam )
In Hadith literature, only those apostates are to be killed who are either waging a war against Muslims or who have joined the enemy camp. Bukhari has two chapters devoted to the issue of Apostasy. The first chapter is called “Kitab al-muaribin min ahl al-fufr wal’ridda (the book of those who fight (against the Muslims) from among the unbelievers and the apostates). The second chapter is called “kitaab istibat al-muanideen wal’murtadeen wa qital-i-him” (the book of calling to repentance to the enemies and the apostates and fighting with them.) It is obvious that both of these chapters refer to apostates who have become enemies of Muslims and the punishment for apostasy is not for simple conversion from faith. Those who quote the Hadith, “Whoever changes his religion, kill him,” forget that the same Hadith can apply to non-believers converting to Islam! 
There is not a single Hadith according to which Prophet Muhammad ordered the killing of a person just because he had converted out of Islam. In fact, there are two separates Ahadiths (plural of Hadith) in which two people converted out of Islam and they were not punished. One is the example of a person who had developed a flu after becoming a Muslim and thought that his sickness was due to his conversion (Bukhari 94:47). The other example is that of a scribe who converted to Christianity (Bukhari 61:25).

  The punishment for apostasy originated due to the dangerous phenomena of hypocrisy (nifaq) that threatened the community in Medina. Hypocrisy in this sense is not simply failing to live up to one’s stated moral standards, but rather this form of hypocrisy was the deliberate attempt by the enemies of Islam to pretend to be Muslims in order to infiltrate and harm the community.
 Minor apostasy is when someone embraces Islam and later leaves the religion peacefully without causing harm to the community. The sin is purely between the apostate and his Lord, and worldly punishments are not applied in this case.
Verily, those who believed and then disbelieved, then believed and then disbelieved and increased in disbelief, never will Allah forgive them nor will He guide them to a right way.
Surah An-Nisa 4:137***
 In this verse, Allah describes a person who believes, then disbelieves, then believes again, and then disbelieves again. This person committed apostasy twice and yet Allah did not prescribe a legal punishment for him.

Major apostasy is when a person embraces Islam and later leaves the religion while combining this with the political crime of treason. Legal punishment against such persons can only be carried out by a lawful authority according to due process, and it is not permissible for individual Muslims to carry out this punishment on their own.
The presence of political treason as a condition for punishment is made clear in an authentic tradition.

 the Prophet pardoned the apostasy of Abdullah ibn Sarh after Uthman sought protection for him. This indicates that the punishment for apostasy is not a firm legal punishment (hadd) for which there can be no intercession, but rather it is a discretionary punishment (ta’zeer) to be applied by a qualified judge.
Abdullah ibn Sarh eventually returned to Islam, demonstrating the Prophet’s wisdom in showing mercy and forbearance. The great jurists of early Islam recognized such cases.


[(4/89)   They wish you would disbelieve as they disbelieved so you would be alike. So do not take from among them allies until they emigrate for the cause of Allah. But if they turn away, then seize them and kill them wherever you find them and take not from among them any ally or helper.]
This verse speaks of the hypocrites, time where the Prophet was in Mecca, who wanted to stray Muslims, to become all alike, hypocrites. Allah (swt) has forbidden to take them for Wali = Allies.
  If a verse says "Kill them", Who does it refer to? Why? When you look at 88-94 you see:
1- Who: Hypocrites.
2- Why: They want you to leave your religion and fight against you.
3- Whoever wants peace, give it to them.
 Looking at the reasons for revelation of these verses, they were about the Battle of Uhud... It's about the deserters.

Out of the 1000 fighters of the Muslim army, right before the battle started, some people left them and went back home, this is also mentioned in the Quran Surat 'Ali `Imran [3:166-168]...

After the Muslims lost the battle, they disagreed on what to do with the people who deserted right before the battle.
 A simplified summary of what's in [4:88-94] would be:
  1. You can't help them unless they help themselves.
  2. They want you to leave your faith and be like them.
  3. If they fight you, you may kill them except for
    1. Those who join a group with whom you have a treaty.
    2. Those who don't want to fight.
    3. Those who send you (Guarantees of) peace.
      Allah opened no way for you to wage any war against them
4.You will find others who wish to obtain security from you. Who keep falling back into disbelief, and keep fighting Muslims.

If they do not stop fighting, or offer peace, or restrain their hands, then seize them and kill them wherever you overtake them.Allah made a clear authorization about those. ( by osamal al maadeed )

''PS - regarding the verse [4:89]you mentioned, I think you should mention the next verse too: "If they remove themselves from you and do not fight you and offer you peace, then Allah has not made for you a cause (for fighting) against them." [4.90]''


Notes

Sixty-nine countries have blasphemy laws and penalties have hardened in parts of the world in recent years, according to a report on the status and rights of the non-religious.
The 2019 edition of the Freedom of Thought Report, from Humanists International, has found that blasphemy is punishable by death in six countries.

Eighteen countries outlaw 'apostasy' – leaving a religious tradition – and in 12 of them it is punishable by death. The report says people can effectively be put to death for expressing atheism in 13 countries.
The figures come despite the fact that blasphemy laws have been repealed in eight countries in the last five years. Six of these countries are in Europe. Legislation is also pending in Ireland, following a referendum vote to repeal its blasphemy law.
 A blasphemy law is a law prohibiting blasphemy, where blasphemy is the act of insulting or showing contempt or lack of reverence to a deity, or sacred things, or toward something considered sacred or inviolable.[1][2][3][4] According to Pew Research Center, about a quarter of the world's countries and territories (26%) had anti-blasphemy laws or policies as of 2014.[5]
In Denmark, paragraph 140 of the penal code is about blasphemy. The paragraph has not been used since 1938 when a Nazi group was convicted for anti-Semitic propaganda.
In Myanmar, also known as Burma, in December, three men were charged by the authorities with insulting religion after they allegedly distributed a picture depicting Buddha wearing headphones.
Some European countries also criminalise anti-religious sentiments in some form.
In 2012 there were 99 convictions for "public blasphemy" in Malta, with punishments ranging from fines to imprisonment.
And in 2014, Russian MPs voted for a new law against offending religious feelings.
It followed a political protest by members of the group Pussy Riot in Moscow's Orthodox cathedral.
Members of the Russian radical feminist group Pussy Riot try to perform at the Christ the Saviour Cathedral in Moscow, 21 February 2012
Pussy Riot were charged with blasphemy for performing a protest song in Moscow's main cathedral
The charge against the three included "insult to religious feelings".
In Ireland, campaigners are furious that the government there has reneged on a promise to hold a referendum on its blasphemy laws, which were themselves only introduced in 2009.
And last year, a Greek man who satirised a dead Orthodox monk on Facebook was sentenced to 10 months in prison.
Those who want to extend religious insult laws are also making plans.
The UN Human Rights Council says it is likely that the issue of insulting religions will be raised at the council's upcoming sessions in March, at the request of Saudi Arabia.

  • The countries that have repealed blasphemy laws in the past five years are Norway, Iceland, Malta, the Alsace-Moselle region of France, Denmark, Canada, New Zealand and Greece.
  • This week it was reported that Greece was considering re-introducing its law – with a punishment of up to two years in prison. But according to further reports the Greek government quickly dropped its plan.( by free thought report )
In the Americas, 10 out of 35 countries (29%) had blasphemy laws, including the Bahamas, where the publication or sale of blasphemous material can be punished with up to two years imprisonment. The U.S. does not have any federal blasphemy laws, but as of 2014, several U.S. states – including Massachusetts and Michigan – still had anti-blasphemy laws on the books. However, the speech and religion clauses of the First Amendment to the U.S. Constitution would almost certainly prompt a court to ban the enforcement of any such law.

 in Burma (Myanmar), a New Zealander and two Burmese men were convicted of blasphemy after using an advertisement depicting Buddha with headphones to promote a bar. The men were sentenced to two and a half years in prison


The argument against the death penalty

The clearest arguments that I found against the death penalty were in Apostasy, Freedom and Da'wah: Full Disclosure in a Business-like Manner by Mohammad Omar Farooq. I also recommend visiting the Apostasy and Islam blog which contains an extensive collection of further reading including citations of over 100 Islamic scholars, both ancient and modern, explaining why it is wrong to consider that Islam requires the death penalty for apostasy.( by muhammadamin.com )

The distinction between apostasy and active treason

The traditional Islamic scholars such as Shafi fail to distinguish between apostasy as active rebellion seeking to overthrow the Muslim state and a peaceful decision to stop being a Muslim and live, for example, as a law-abiding Christian within the Muslim state. Most political jurisdictions have practiced the death penalty for treason, and it was perfectly reasonable for the Muslim state to do so. However, that does not resolve the question of peaceable change of religious belief.

The Quran explicitly talks about people who reject Islam

The Quran in verses 4.136 and 137 (Yusuf Ali translation) recognises that people may go astray repeatedly: "O ye who believe! Believe in Allah and His Messenger, and the scripture which He hath sent to His Messenger and the scripture which He sent to those before (him). Any who denieth Allah, His angels, His Books, His Messenger, and the Day of Judgment, hath gone far, far astray. 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." Such recalcitrants are jeopardising their position in the hereafter, but there is no penalty prescribed in this world.

It is clear that the Quran prescribes no earthly penalty for simply leaving Islam. It does prescribe four alternative penalties for active treason.
The Hadith regarding a penalty for leaving Islam are insufficiently reliable for them to be the basis of any earthly penalty. That is even before you consider whether any Hadith can overrule what is clear from the Quran, namely that God presribes no earthly penalty for abandoning Islam.

Those who argue that entry into Islam is a one-way street are wrong theologically. Islam pioneered freedom of religion a thousand years or more before the Christian world; that is something for Muslims to be proud of, instead of Muslims seeking to deny it.
Those who do seek to deny freedom of religion are generally repeating what they have been told by others, without a proper study of the original sources or the varied views of Islamic scholars.( by muhammadamin.com )
States with death penalty for apostasy[26]
As of 2014, apostasy was a capital offense in Afghanistan, Brunei, Mauritania, Qatar, Saudi Arabia, Sudan, the United Arab Emirates, and Yemen.[31] Executions for religious conversion have been infrequent in recent times, with four cases reported since 1985: one in Sudan in 1985; two in Iran, in 1989 and 1998; and one in Saudi Arabia in 1992.[31][25]

''From 1985 to 2006, three governments executed four individuals for apostasy from Islam: "one in Sudan in 1985; two in Iran, in 1989 and 1998; and one in Saudi Arabia in 1992."

Afghanistan
Article 1 of the 1976 Afghan Penal Code states that hudud (fixed punishments) crimes must be punished in accordance with provisions of uncodified Islamic religious law as applied by Hanafi religious jurisprudence.
PENAL CODE OF AFGHANISTAN art. 1, Issue No. 13, Serial No. 347 (Oct. 7, 1976)
Known charges
Abdul Rahman, charged and then acquitted in 2006
Said Musa and Shoaib Assadullah, charged and released in 2011
Total Killed : 0
Qatar
The provisions of Islamic law (capital punishment) for the following offenses are applied if the defendant or victim is a Muslim: The hudud offenses related to theft, banditry, adultery, defamation, alcohol consumption, and apostasy.
Qatar’s Law 11 of 2004
No one was ever charged
While apostasy is one of the offenses subject to the death penalty, Qatar has not imposed any penalty for this offense since its independence in 1971 QATAR 2012 INTERNATIONAL RELIGIOUS FREEDOM REPORT
Total Killed : 0

Sudan
Article 126 of the Sudanese Penal Code, on apostasy, provides that any Muslim who declares publicly that he/she has adopted any religion other than Islam commits the crime of apostasy and is punishable with the death penalty. However, the provision waives the death penalty if the convicted person reconverts to Islam.
SUDAN PENAL CODE OF 1991 art. 126(1)–(3)
Known charges
Meriam Ibrahim, charged and freed in 2014
Total Killed : 0

UAE
The United Arab Emirates criminalizes apostasy through the incorporation of the concept of hudud crimes under Islamic Sharia’a into its Penal Code. Those crimes include adultery, apostasy, murder, theft, highway robbery that involves killing, and a false accusation of committing adultery. Article 1 of the Penal Code provides that Islamic law applies to hudud crimes, the acceptance of blood money, and homicide.
Law 3 of 1987, al Jarida al Rasmiyya
No known charges
There have been no known prosecutions or legal punishments for apostasy in court UNITED ARAB EMIRATES 2012 INTERNATIONAL RELIGIOUS FREEDOM REPORT
Total Killed : 0

Yemen
The crime of apostasy may be subject to the death penalty by virtue of article 12 of the Yemen Penal Code of 1994, as amended by Law 24 of 2006, which identifies crimes, including apostasy, that are punished according to the provisions of Islamic Sharia’a Presidential Decree of Law 12-1994
Known charges :
Ali Qasim Al-Saeedi, charged for defamation (not apostasy) & released
Yemen does not enforce the death penalty for apostasy
YEMEN 2012 INTERNATIONAL RELIGIOUS FREEDOM REPORT
Total Killed : 0

Saudi Arabia
Islamic Sharia’a is the law of the land in Saudi Arabia. The country has no penal code, Islamic law imposes the death penalty on apostates based on the hadith.
Known charges :
Hamza Kashgari, charged in 2012 for defamation (not apostary), protective custody
Sultan al-`Anzi, and Sa`ud al-`Anzi converting to Ahmadiyaa Islam, charged in custody.
Total Killed : 0

Iran
Iran’s current Penal Code, which was approved by the country’s Guardian Council on January 18, 2012, 28 does not include provisions criminalizing apostasy.
New Islamic Penal Code of the Islamic Republic of Iran: An Overview
While Iranian law does not provide for the death penalty for apostasy, the courts can hand down that punishment, and have done so in previous years, based on their interpretation of Sharia’a law and fatwas (legal opinions or decrees issued by Islamic religious leaders). 2013 Human Rights Reports : Iran
Known charges
Youcef Nadarkhani, Charged in 2010, acquitted in 2012
Mehdi Dibaj, Charged in 1994, sentenced but not carried out.
Hossein Soodmand, charged and executed in 1990
Total Killed : 1
Count of Muslims executed for Apostasy in the world till May 2014 - 1 (ONE)
 (  by imran shaik )

    Apostasy**


The False Penalty of Apostasy, (killing the apostate).

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