However, this verse addresses hypocrites of the Prophet’s time who were regarded as enemies of Islam because they helped the Muslims’ enemies — an act of treason for which punishment in this world is prescribed.
thus came to color the Muslim juristic mindset. The positions advocated by many Muslim jurists contain allusions to interests relating to the security of the state and society. Add to this, the trend to separate the Quran and the Sunnah from jurisprudence; as well as a tendency to view the writings of THE PROPHET AND THE APOSTATES the founding imams (Abu Hanifa, Ahmed bin Hanbal, Shafi One example is ‘Ubaydallah ibn Jahsh, a Muslim who migrated and Imam Malik as though they were on a par with the words to Abyssinia and later converted to Christianity. He wasn’t addressed to us by the Lawgiver (Allah) Himself.” Irfan Ahmad Khan, a scholar and Quranic exegete, argues: executed, but in fact remained close to the Muslims. Nevertheless, most pro-execution Muslim scholars quote “Freedom of faith and religion is meaningless without the the hadith: “Whoever changes his religion, kill him” (“Sahih freedom to change one’s faith.” Maududi quoted only two verses supporting capital punal-Bukhari,” al-Fath, no. 3017). And yet the Prophet only killed apostates when they were also guilty of another crime that ishment for apostates who are hypocrites and causing fitna. He demanded the death sentence, such as treason. failed to quote such verses as 4:137 and 42:48. He recounted that the Prophet sent Abu Musa to govern Yemen and Mu‘adh ibn Jabal as his assistant. One day, Mu‘adh was presented with a Jew who ALALWANI STATES THAT DEMANDING THE had become a Muslim and then returned to APOSTATE’S DEATH IS ACTUALLY THE RESULT OF Judaism. Mu‘adh said, “I will not sit unless this person is executed. This is the judgement of God “A SOLITARY HADITH WHICH WAS CONSIDERED and His Messenger.” The apostate was killed. It TO BE INCOMPLETELY TRANSMITTED” AND was an unjustified killing, as the Quran calls for GOES ON TO CITE HADITHS RELATING THAT THE the execution of only those apostates adjudged guilty of causing fitna. There was no mention PROPHET EXECUTED SUCH PEOPLE ONLY IF that the apostate was causing fitna (sedition, THEY SUBSEQUENTLY PARTICIPATED IN WAR civil strife). Maududi’s statement is of concern: “Let us CRIMES AGAINST THE MUSLIM COMMUNITY OR suppose the commandment (for execution of MURDERED MUSLIMS. an apostate) is not found in the Quran. Still, the large number of hadith, the decisions of the Rightly-Guided Caliphs (Caliph Omar disagreed While the legal schools may differ on various aspects of with Abu Baker on the matter of killing apostates) and the apostasy-related issues, there is a consensus among Sunni united opinions of the Fuqaha’ suffice fully to establish this and Shia jurists that apostates must be executed. Apostasy commandment” (“The Punishment of the Apostate”). laws continue to gain strength due to certain contemporary theologians, among them Sayyid Abul A’la Maududi (d. 1979; CAN THE RULINGS OF IMAMS AND QUESTIONABLE see his “The Punishment of the Apostate according to Islamic AHADITH OVERRULE THE QURAN? Law,” [trans.], [Islamic Publications Ltd., Lahore, 1963]). Maududi argued that while people cannot be forced to embrace On April 13, 2009, Yusuf al-Qaradawi clarified that capital Islam, once they do so they cannot reject it. But this argument punishment applies only to those ex-Muslims who preach is inconsistent with the many verses regarding the freedom against Islam and cause disorder (fitna), which can be regarded of religion, which is, above all, an inner feeling of acceptance and conviction. The Quran forbids coercion and contains no as treason (https://www.islamicity.org). In his above-mentioned “Apostasy in Islam,” Alalwani states conclusive evidence that all apostates should be killed. In fact, that demanding the apostate’s death is actually the result of it is the definitive, clear authority for protecting a person’s right “a solitary hadith, which was considered to be incompletely to self-expression by adhering to a specific faith community. transmitted” and goes on to cite hadiths relating that the Prophet Thus, executing a Muslim who freely decides to leave Islam executed such people only if they subsequently participated contradicts the Quran. in war crimes against the Muslim community or murdered Do we really need to be concerned about apostates today? I Muslims. have quoted nine verses that support the freedom of choice in He goes on to argue that the classical scholars’ contention religion and five verses that recommend no worldly punishment that the Companions had reached consensus on this practice because God will punish them in the afterlife. was the result of jurisprudents prioritizing hadiths over the Are Muslim scholars and believers in killing apostates really Quran’s verses, thereby making the former equal to the latter. As ready to tell converts that they will be executed if they leave a result, “Confusion between ‘political’ treason and ‘religious’ Islam? Capital punishment for apostates is not applicable in apostasy arose in a culture that was prevalent in the Hejazi today’s world and must be abolished before another human environment. This was influenced by the Jewish culture of being is killed in the “name of Islam.” ih oral tradition, which viewed it necessary to kill anyone who M. Basheer Ahmed, former professor of psychiatry, Southwestern Medical School, left Judaism. These laws, regulations, customs and cultures Dallas, is chairman emeritus, MCC for Human Services in Dallas. JANUARY/FEBRUARY 2020 ISLAMIC HORIZONS 59