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Related events since 2001

Apostasy in Islam (Arabic: ارتداد, irtidād or ridda‎) is commonly defined as the rejection in word or deed of their former religion (apostasy) by a person who was previously a follower of Islam.

The four major Sunni schools of Islamic jurisprudence (Madh'hab) all agree that apostasy is a sin as long as the individual does not do so in ignorance or under duress.[1][2] They also differentiate between harmful apostasy and harmless apostasy[3] (also known as major and minor apostasy).[1] According to Wael Hallaq nothing of the apostasy law are derived from the Qur'an,[4]

Some Islamic jurists, such as Hanafi jurist Sarakhsi,[5] Maliki jurist Abu al-Walid al-Baji, and Hanbali jurist Ibn Taymiyyah,[6] and some contemporary Islamic jurists, such as Shafi`i Grand Mufti Ali Gomaa[7][8] and Shi'a Grand Ayatollah Hossein-Ali Montazeri,[9] argued or issued fatwas that either the changing of religion is not punishable or is only punishable under restricted circumstances.[10][11][12][13] Some groups within Islam such as the Shi'a Ismaili reject death for apostasy altogether.[citation needed]

Some prominent contemporary examples of death sentences threatened or issued for apostasy include Abdul Rahman, an Afghan convert to Christianity who was arrested and jailed on the charge of rejecting Islam in 2006 but later released as mentally incompetent.[14]

Contents

Qur'anic reference

The Qur'an states that God (in Arabic, Allah) despises apostasy. See verses [Qur'an 3:72], [Qur'an 3:90],[Qur'an 16:106],[Qur'an 4:137] and [Qur'an 5:54] which deal with apostasy directly and which state that Allah will punish and reject apostates in the afterlife. Except 16:106-109, the verses that discuss apostasy all appear in surahs identified as Madinan and belong to the period when the Islamic state had been established.

Sunni Hadith references

In the Hadith, multiple passages sanction the death penalty for apostasy thereby implicitly condemning the act. Examples of such passages include 9:83:17, 4:52:260, 9:84:57, 9:84:58 and 9:89:271.

What constitutes apostasy in Islam

Attributes of apostasy according to some Muslims include:

Regarding monotheism and polytheism

  • A public declaration or conduct that denies Islam, its beliefs, symbols or its principal actors such as statements as "I believe in gods other than Allah", or "God has a material form."[citation needed]
  • Worshiping an idol[citation needed]
  • Questionning the existence of God[citation needed]
  • Saying the world has always existed from eternity, in such a way that it denies the existence of God as a creator[citation needed]
  • Saying that the world is everlasting and without end, in such a way that it could be interpreted as a denial of resurrection[citation needed]

Regarding prophethood of Muhammad

  • Rejecting Muhammad's claim to be a prophet, or denying the concept of prophethood.[citation needed]
  • Saying that there were prophets after Muhammad.[citation needed]
  • Implying that one can become a prophet through spiritual exercise, since that would imply the possibility of a prophet after Muhammad.[citation needed]

Regarding beliefs

  • Any clearly blasphemous action, such as burning the Qur'an out of contempt, and every manner of soiling it out of contempt or hatred. The same may also apply to the Hadiths books.[citation needed]
  • Contradicting the positions that are upheld by a consensus (ijma) of Muslim scholars (ulema), such as saying that prayers or fasting are not obligatory, or that the prohibition of adultery does not have to be followed. Not following these doctrines does not make one an apostate, but saying they need not be followed does.[citation needed]
  • Denying that the books before Islam (i.e. Christian and Jewish Scriptures) come from Allah (God) or denying their existence - it's part of the 10 tenets of Faith in Islam to respect those Scriptures, as they also came from God.[citation needed]

Treason Element

Some Muslims ascribe a requirement of disbelief with an act against Islam, i.e. joining the enemies who are at war with Muslims or as in Quran (Qur'an [Qur'an 5:33]) "those who wage war against God and His Apostle".[1]

Punishment for apostasy

Execution

Legal opinion on apostasy by a Fatwa committee concerning the case of a man who converted to Christianity: "Since he left the Islam, he will be invited to express his regret. If he does not regret, he will be killed pertaining to rights and obligations of the Islamic law."

In Islamic law (sharia), the consensus view is that a male apostate must be put to death unless he suffers from a mental disorder or converted under duress, for example, due to an imminent danger of being killed. A female apostate must be either executed, according to Shafi'i, Maliki, and Hanbali schools of Sunni Islamic jurisprudence (fiqh), or imprisoned until she reverts to Islam as advocated by the Sunni Hanafi school and by Shi'a scholars.[15]

A minority of medieval Islamic jurists, notably the Hanafi jurist Sarakhsi (d. 1090),[5] Maliki jurist Ibn al-Walid al-Baji (d. 494 AH) and Hanbali jurist Ibn Taymiyyah (1263–1328), held that apostasy carries no legal punishment.[6] Some contemporary Islamic Shafi`i jurists, such as the Grand Mufti Ali Gomaa,[7][8] some Shi'a jurists such as Grand Ayatollah Hossein-Ali Montazeri,[9] and some jurists, scholars and writers of other Islamic sects, have argued or issued fatwas that either the changing of religion is not punishable or is only punishable under restricted circumstances, but these minority opinions have not found broad acceptance among the majority of Islamic scholars.[10][11][12][13]

Preferred form of execution

Most Islamic scholars agree that the appropriate punishment for apostasy is beheading.[citation needed] The Mamluk Sultan Baybars II also practiced torture of apostates. A case is recorded[citation needed] when a woman who had apostatised was led through the streets of Cairo dragged on her bottom, then strangled in a boat in the middle of the Nile and thrown into the river.[citation needed] In modern times, followers of the Ahmadiyya sect in Afghanistan were stoned to death. The execution for apostasy was abolished in most Muslim lands in the 19th century either through European pressure or through the direct European rule; however, cases of imprisonment and deportation of apostates still occurred.

Applying law in the Muslim world

Most countries of the Middle East and North Africa maintain a dual system of secular courts and religious courts, in which the religious courts mainly regulate marriage and inheritance. Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and religious police assert social compliance. Sharia is also used in Sudan, Libya,Afghanistan, and Somalia. Some states in northern Nigeria have reintroduced Sharia courts. In practice the new Sharia courts in Nigeria have most often meant the reintroduction of relatively harsh punishments without respecting the much tougher rules of evidence and testimony. The punishments include amputation of one/both hand(s) for theft, stoning for adultery, and execution for apostasy. In 1980, Pakistan, under the leadership of President Zia-ul-Haq, the Federal Shariat Court was created and given jurisdiction to examine any existing law to ensure it was not repugnant to Islam[16] and in its early acts it passed ordinances that included five that explicitly targeted religious minorities: a law against blasphemy; a law punishing the defiling of the Qur'an; a prohibition against insulting the wives, family, or companions of the Prophet of Islam; and two laws specifically restricting the activities of Ahmadis, who were declared non-Muslims.

Under traditional Islamic law[17] an apostate may be given up to three days while in incarceration to repent and accept Islam again and if not the apostate is to be killed without any reservations. There are difference between the four schools in the various details on how to deal with the various aspects of imposing the penalties with respect to the material property and holdings of the apostate and in the status and rights of the family of the apostate. A distinction is also made between "Murtad Fitri", an apostate who was born of Muslim parents, and "Murtad Milli", an apostate who had converted into Islam initially. Some additional penalties and considerations that are mentioned are that a divorce is automatic if either spouse apostatize, an under age apostate is imprisoned till he reaches maturity and then he is killed, and the recommended execution is beheading with a sword. The examples of Apostasy given below show that these punishments are rarely carried out in toto at present, and also underline the problem in harmonizing the constitutional law and Islamic law in the various countries.

In the period of the early Islamic Caliphate, apostasy was considered treason, and was accordingly treated as a capital offense; death penalties were carried out under the authority of the Caliph, the most famous such incidents being the Martyrs of Cordoba. Today apostasy is punishable by death in the countries of Saudi Arabia, Somalia, Qatar, Yemen, Iran, Sudan, Afghanistan and Mauritania. In Pakistan blasphemy is also punishable by death. In Malaysia, Sharia law applies to Muslims only. Although there is a court procedure needed if a person wishes to renounce Islam and no longer subject to the law, five states have made renouncing Islam a criminal offense. Other punishments prescribed by Islamic law include the annulment of marriage with a Muslim spouse, the removal of children and the loss of all property and inheritance rights.

Opposition to execution

Death for apostasy was "not in practice enforced" in later times in the Muslim world, and was "completely abolished" by "a decree of the Ottoman government in 1260AH/1844AD."[18]

S. A. Rahman, a former Chief Justice of Pakistan, argues that there is no indication of the death penalty in the Qur'an.[19] Abdullah Saeed and Hassan Saeed argue that the law of apostasy and its punishment by death in Islamic law conflicts with a variety of fundamentals of Islam. They contend that the early development of the law of apostasy was essentially a religio-political tool, and that there was a large diversity of opinion among early Muslims on the punishment.[20] Such views, however, are rejected by mainstream Muslim scholars.[15]

Other prominent Islamic scholars like the Grand Mufti of Cairo Sheikh Ali Gomaa have said apostasy should be legal, but stating that God will punish apostates in the afterlife.[21]

Medieval Muslim scholars (eg Sufyan al-Thawri) and modern (eg Hasan at-Turabi), have argued that the hadith used to justify execution of apostates should be taken to apply only to political betrayal of the Muslim community, rather than to apostasy in general.[22] These scholars argue for the freedom to convert to and from Islam without legal penalty, and consider the aforementioned Hadith quote as insufficient confirmation of harsh punishment; they regard apostasy as a serious crime, but undeserving of the death penalty.

Javed Ahmad Ghamidi, an Islamic scholar, writes that punishment for apostasy was part of Divine punishment for only those who denied the truth even after clarification in its ultimate form by Muhammad (see Itmaam-i-hujjat), hence, he considers it a time-bound command and no longer punishable.[23]

Qur'an

There are no verses in the Quran explicitly dictating the death penalty for apostasy.

W. Heffening states that in Qur'an "the apostate is threatened with punishment in the next world only," adding that Shafi'is interpret verse [Qur'an 2:217] as adducing the main evidence for the death penalty in the Qur'an. Wael Hallaq holds that "nothing in the law governing apostate and apostasy derives from the letter of the holy text."[4] The late dissenting Shia jurist Grand Ayatollah Hossein-Ali Montazeri, a significant Shi'a religious authority, stated that the Quranic verses do not prescribe an earthly penalty for apostasy.[9]

Some scholars such as Sayyid Abul Ala Maududi argued that verses [Qur'an 9:11] of the Qur'an sanction death for apostasy. However, there are also some scholars that reject Mawdudi's interpretation. S. A. Rahman concluded "that not only is there no punishment for apostasy provided in the Book but that the Word of God clearly envisages the natural death of the apostate. He will be punished only in the Hereafter…"[24] He continues and says that there is no reference to the death penalty in any of the 20 instances of apostasy mentioned in the Qur'an.

In his book on Punishment of Apostasy in Islam, Rahman declares the verse [Qur'an 2:256] to be "one of the most important verses of the Qur'an, containing a charter of freedom of conscience unparalleled in the religious annals of mankind…". He goes on to criticize the attempts by Muslim scholars over the ages to narrow its broad humanistic meaning and impose limits on its scope in their attempts to reconcile it with their interpretations of Muhammad's Sunna.

Hadith

In the Hadith it is reported that,

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). Allah's Apostle said, "Madinah is like a pair of bellows (furnace): it expels its impurities and brightens and clear its good."[1]

Ubayd-Allah ibn Jahsh converted to Christianity and Muhammad also left him unharmed.[25][26]

Heffening holds that contrary to the Qur'an, "in traditions, there is little echo of these punishments in the next world… and instead, we have in many traditions a new element, the death penalty."[16] Wael Hallaq states the death penalty was a new element added later and "reflects a later reality and does not stand in accord with the deeds of the Prophet."[4] Montazeri believes that it is probable that the punishment was prescribed by Muhammad during early Islam - due to political conspiracies against Islam and Muslims, and not only because of changing the belief or expressing it. Montazeri defines different types of apostasy. He does not hold that a reversion of belief because of investigation and research is punishable by death, but prescribes capital punishment for a desertion of Islam out of malice and enmity towards the Muslim community.[9]

Justifications for the death penalty

Qur'an

There are no verses in the Quran explicitly dictating the death penalty for apostasy. However, more recently, Sayyid Abul Ala Maududi, a noted 20th century Islamic Scholar argued that verses [Qur'an 9:11] of the Qur'an sanction death for apostasy. The argument given by Mawdudi[27] for these verses is:

"The following is the occasion for the revelation of this verse: During the pilgrimage (hajj) in A.H. 9 God Most High ordered a proclamation of an immunity. By virtue of this proclamation all those who, up to that time, were fighting against God and His Apostle and were attempting to obstruct the way of God's religion through all kinds of excesses and false covenants, were granted from that time a maximum respite of four months. During this period they were to ponder their own situation. If they wanted to accept Islam, they could accept it and they would be forgiven. If they wanted to leave the country, they could leave. Within this fixed period nothing would hinder them from leaving. Thereafter those remaining, who would neither accept Islam nor leave the country, would be dealt with by the sword." In this connection it was said: "If they repent and uphold the practice of prayer and almsgiving, then they are your brothers in religion. If after this, however, they break their covenant, then war should be waged against the leaders of kufr (infidelity). Here "covenant breaking" in no way can be construed to mean "breaking of political covenants". Rather, the context clearly determines its meaning to be "confessing Islam and then renouncing it". Thereafter the meaning of "fight the heads of disbelief" ([Qur'an 9:11]) can only mean that war should be waged against the leaders instigating apostasy."

Mawdudi's interpretation is supported by other Muslim writers. For example, Afzal ur-Rahman in Muhammad, Blessing for Mankind, Seerah Foundation, London, Revised Second Edition, 1988, p. 218 under "Apostasy" states:

"People who turn away from Islam and do not repent but wage war and create mischief in the land are also considered as murderers. "But if they break their oaths after making compacts and taunt you for your faith, you should fight with these ringleaders of disbelief because their oaths are not trustworthy: it may be that the sword alone will restrain them" (Quran 9:12). And in Surah Al-Nahl, "But whosoever accepts disbelief willingly, he incurs God's Wrath, and there is severe torment for all such people"(Quran-usc 16:106)"

Some Scholars argue that the Quranic verse,

There is no compulsion in religion. The right direction is henceforth distinct from error. And he who rejecteth false deities and believeth in Allah hath grasped a firm handhold which will never break. Allah is Hearer, Knower.[Qur'an 2:256]

clearly condones something such as the death penalty. The misunderstanding occurs at the way the previous verse is opened. The scholar "Abd Allah Ramadan Mosa" (عبدالله رمضان موسى ) said in his book "الرد", that the verse did not come in the "format of forbidding" (صيغة النهي), but the "format of retelling" ( صيغة الخبر ). In simple English, and loosely put, this means that the opening of the verse is erroneously treated by some, such as the opponents of the death penalty, as if a verbal sentence. I.e. the sentence says "There is no compulsion in religion", but is treated as if it says "Do not compel anyone in religion". The corresponding part of the verse in Arabic contains no verb. This error has also manifested itself in some translations such as that of Yusuf Ali, where the translation is,

Let there be no compulsion in religion: Truth stands out clear from Error: whoever rejects evil and believes in Allah hath grasped the most trustworthy hand-hold, that never breaks. And Allah heareth and knoweth all things.[Qur'an 2:256]

The verb "let" at the beginning of the verse does not exist in the corresponding Arabic text, not even the verb "to be" (is) in the more correct translation mentioned earlier. Essentially, the text is describing belief saying that compelling one into belief is futile since the compelled cannot truly believe in what he is compelled to believe, for belief is in the heart before it is in the actions.

Hadith

In the Hadith the death penalty is mentioned in several passages. For example,

Narrated 'Abdullah: Allah's Apostle said, "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: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims." 9:83:17

Other examples include 4:52:260, 9:84:57, 9:84:58 and 9:89:271.

Maududi

In the 20th Century, Sayyid Abul Ala Maududi defended traditional views on apostasy against the idea of freedom of religion in Islam.[27] He summarized what he saw as the most likely objections by critics:

  • This idea is against the freedom of conscience. How can it be right to offer an apostate the gallows when he has decided to leave Islam?
  • A faith which people maintain because of the fear of death cannot be genuine faith. This faith will be manifestly hypocritically chosen to deceive in order to save one's life. (Religious hypocrisy is the ultimate sin in Islam)
  • If all religions approve of execution for apostasy, it will be difficult not only for Muslims to embrace another religion but also for non-Muslims to embrace Islam.
  • It is contradictory to say on one hand "There is no compulsion in religion (Qur'an [Qur'an 2:256])" and "Whosoever will, let him believe and whosoever will, let him disbelieve ([Qur'an 18:29])", and on the other to threaten to punish by death who renounces Islam and moves to reject Islam.

Maududi claims that the misunderstanding and criticism arises because of a "fundamental misconception" about Islam:

If Islam is truly a "religion" in the sense that religion is understood at present, surely it would be absurd to prescribe the penalty of execution for those people who wish to leave it because of their dissatisfaction with its principles. It is not only a "religion" in the modern technical sense of that term but a complete order of life. It relates not only to the metaphysical but also to nature and everything in nature. It discourses not only on the salvation of life after death but also on the questions of prosperity, improvement and the true ordering of life before death.

Maududi also declares:

Whatever objections the critics pose regarding the punishment of the apostate, they make them bearing in mind only a single "religion" (madhhab). In contrast, when we present our arguments to demonstrate the validity of this punishment, we have in view no mere "religion" but a state which is constructed on a religion (din) and the authority of its principles rather than on the authority of a family, clan or people.

And since it is a state, Maududi declares it "has the right to protect its own existence by declaring those acts wrong which undermine its order", and proceeds to equate apostasy to treason. He then discusses the difference between a kafir, a dhimmi, and the appropriateness of death for them if they apostatize after conversion, and for those born of Muslim parents he states:

In any case the heart of the matter is that children born of Muslim lineage will be considered Muslims and according to Islamic law the door of apostasy will never be opened to them. If anyone of them renounces Islam, he will be as deserving of execution as the person who has renounced kufr to become a Muslim and again has chosen the way of kufr. All the jurists of Islam agree with this decision. On this topic absolutely no difference exists among the experts of shari'ah.

Maududi considers the threat of execution as not forcing someone to stay within the fold of Islam, but as a way of keeping those who are not truly committed out of the community of Islam. Maududi rejects the third criticism because unlike other religions which are free to exchange believers, Islam is "on whose ideas and actions society and state are constructed" cannot allow "to keep open its door that would spell its own ruin, the scattering of its own structure's parts, the stripping away of the bonds of its own existence", and he compares this to the treason penalty on the books of the U.S. and Britain. Maududi also rejects the charge of contradiction. In his words:

"There is no compulsion in religion" (la ikraha fi'd din: Qur'an [Qur'an 2:256]) means that we do not compel anyone to come into our religion. And this is truly our practice. But we initially warn whoever would come and go back that this door is not open to come and go. Therefore anyone who comes should decide before coming that there is no going back.

Others

Essentially the same arguments are sketched by the Shi'i Islamic author Sayyid Muhammad Rizvi in the brief article Apostacy (Irtidad) in Islam,[28] relying upon the opinions of some of the earlier scholars of Islam.

However, Ibn Warraq points out some earlier scholars of Islam who found support in the Qur'an for the death penalty for apostasy.[29] He quotes al-Shafi (died 820 C.E.), the founder of one of the four orthodox schools of law of Sunni Islam that verse [Qur'an 2:217] meant that the death penalty should be prescribed for apostates, and Al-Thalabi and Al-Khazan concurred, and states that Al-Razi in his commentary on 2:217 says an apostate should be killed. Ibn Warraq also quotes commentaries by Baydawi (died c. 1315-1316) on [Qur'an 4:89] as "Whosoever turns back from his belief (irtada), openly or secretly, take him and kill him wheresoever ye find him, like any other infidel". Verse ([Qur'an 4:88]) reads:

Why should ye be divided into two parties about the Hypocrites? ... They wish if you disbelieve as they disbelieved so that you would be alike. So do not take from among them allies until they emigrate in the way of Allah. But if they turn back, seize them and kill them wherever you find them. And do not take from among them any ally or helper, Except those who join a group between whom and you there is a treaty or those who come to you with hearts restraining them from fighting you or fighting their people. And if Allah had willed, surely He would have given them power over you, so that they would have taken arms against you. Therefore, if they keep away from you and cease their hostility and offer you peace, God bids you not to harm them.

Apostasy in the recent past

Background

The violence or threats of violence against apostates in the Muslim world usually derives not from government authorities but from individuals or groups operating with impunity from the government.[30] An example is the stabbing of a Bangladeshi Murtad Fitri Christian evangelist while returning home from a film version of the Gospel of Luke.[31] Bangladesh does not have a law against apostasy, but some Imams encourage the killing of converts from Islam. Many ex-Muslims in Great Britain have faced abuse, violence, and even murder at the hands of Muslims.[32] There are similar reports of violent intimidation of those electing to reject Islam in other Western countries.[33]

Other examples of persecution of apostates converting to Christianity have been given by the Barnabas Fund:

The field of apostasy and blasphemy and related "crimes" is thus obviously a complex syndrome within all Muslim societies which touches a raw nerve and always arouses great emotional outbursts against the perceived acts of treason, betrayal and attacks on Islam and its honour. While there are a few brave dissenting voices within Muslim societies, the threat of the application of the apostasy and blasphemy laws against any who criticize its application is an efficient weapon used to intimidate opponents, silence criticism, punish rivals, reject innovations and reform, and keep non-Muslim communities in their place.[34]

Similar views are expressed by the 'non-religious' International Humanist and Ethical Union.[35]

Islamic Republic of Afghanistan

In March 2006, an Afghan citizen Abdul Rahman was charged with apostasy and could have faced the death penalty for converting to Christianity. His case attracted much international attention with Western countries condemning Afghanistan for persecuting a convert. Charges against Abdul Rahman were dismissed on technical grounds by the Afghan court after intervention by the president Hamid Karzai. He was released and left the country to find refuge in Italy.[30]

Two other Afghan converts to Christianity were arrested in March and their fate is unknown. In February, yet other converts had their homes raided by police.[30]

Islamic Republic of Iran

Probably the most prominent[citation needed] contemporary figure accused of apostasy was Salman Rushdie. In 1989 the killing of that author was urged in a fatwa by the Ayatollah Khomeini, the ruler of Iran at the time, for the blasphemy of authoring the book The Satanic Verses.

According to US thinktank Freedom House, since the 1990s the Islamic Republic of Iran has sometimes used death squads against converts, including major Protestant leaders. Under President Mahmoud Ahmadinejad, the regime has engaged in a systematic campaign to track down and reconvert or kill those who have changed their religion from Islam.[30]

15 Ex-Muslim Christians[36] were incarcerated on May 15, 2008 under charges of apostasy. They may face the death penalty if convicted. A new penal code is being proposed in Iran that would require the death penalty in cases of Apostasy on the Internet.[37]

At least two Iranians - Hashem Aghajari and Hassan Youssefi Eshkevari - have been arrested and charged with apostasy in the Islamic Republic (though not executed), not for self-professed conversion to another faith, but for statements and/or activities deemed by courts of the Islamic Republic to be in violation of Islam, and that appear to outsiders to be Islamic reformist political expression.[38] Hashem Aghajari, was found guilty of apostasy for a speech urging Iranians to "not blindly follow" Islamic clerics;[39] Hassan Youssefi Eshkevari was charged with apostasy for attending the 'Iran After the Elections' Conference in Berlin Germany which was disrupted by anti-regime demonstrators.[40]

Bahá'ís

Bahá'ís in Iran, the nation of origin of the Bahá'í Faith and Iran's largest religious minority, are considered apostates by the Shi'a clergy because of their claim to a valid religious revelation subsequent to that of Muhammad. Iranian law therefore treats Bahá'ís as heretics rather than members of an independent religion, as they describe themselves. Bahá'ís have therefore been subjected to much persecution (documented by various third party entities such as the United Nations, Amnesty International, and the European Union) including beatings, torture, unjustified executions, false imprisonment, confiscation and destruction of property owned by individuals and the Bahá'í community, denial of employment, denial of government benefits, denial of civil rights and liberties, and denial of access to higher education.[41]

In April 2006, after a court case in Egypt recognized the Bahá'í Faith, members of the clergy convinced the government to appeal the court decision. One member of parliament, Gamal Akl of the opposition Muslim Brotherhood, said the Bahá'ís were infidels who should be killed on the grounds that they had changed their religion.[42]

Algeria

On March 21, 2006, the Algerian parliament approved a new law requiring imprisonment for two to five years and a fine between five and ten thousand euros for anyone "trying to call on a Muslim to embrace another religion." The same penalty applies to anyone who "stores or circulates publications or audio-visual or other means aiming at destabilizing attachment to Islam."[30]

Turkey

Turkey, being a secular state, does not implement Islamic Law (Sharia), thus there is no judgement in Turkish legislation for apostasy. Moreover execution, which is a penalty for apostasy in Sharia, is not implemented in Turkey. However, Article 301 prohibits "Insulting Turkishness", meaning that it is illegal to insult Turkey, Turkish ethnicity, Turkish history, or Turkish government institutions, and provides for a maximum penalty of six months to three years imprisonment. Islam is considered the religion of the Turkish people, and anyone calling on a Turkish citizen to renounce Islam or convert from Islam to another religion may be prosecuted under this law.

More recently, on 21 January 2007, the Central Council of Ex-Muslims was founded in Germany, an association led by Iranian exile Mina Ahadi and Turkish-German immigrant Arzu Toker. The association stands up for former Muslims who chose to abandon Islam. Shortly after going public on February 28, 2007, the group received death threats by radical islamists.[43]

On 18 April 2007, two Turkish converts to Christianity, Necati Aydin and Uğur Yüksel, were killed in the Malatya bible publishing firm murders. Having tortured them for several hours, the attackers then slit their throats. The attackers stated that they did it in order to defend the state and their religion. The government and other officials in Turkey had in the past criticized Christian missionary work, while the European Union has called for more freedom for the Christian minority.[44][45][46]

Egypt

The Mohammed Hegazy case, shows the huge problems in that country for those wishing to leave Islam and be recognised as a member of another religion – where Hegazy has suffered death threats from family and prominent Islamic figures alike. A Judge ruled "He (Hegazy) can believe whatever he wants in his heart, but on paper he can't convert."[47] He is the first Egyptian Muslim convert to Christianity to seek official recognition of his conversion from the Egyptian Government.[citation needed]

In February 2009, a second case came to court, of convert to Christianity Maher Ahmad El-Mo’otahssem Bellah El-Gohary, whose effort to officially convert to Christianity, faced opposing lawyers who advocated he be convicted of "apostasy," or leaving Islam, and sentenced to death.

"Our rights in Egypt, as Christians or converts, are less than the rights of animals," El-Gohary said. "We are deprived of social and civil rights, deprived of our inheritance and left to the fundamentalists to be killed. Nobody bothers to investigate or care about us."

El-Gohary, 56, has been attacked in the street, spat at and knocked down in his effort to win the right to officially convert. He said he and his 14-year-old daughter continue to receive death threats by text message and phone call.[48]

In 1992 Islamist militants gunned down Farag Foda and Egyptian secularist. Before his death he had been declared an apostate and foe of Islam. During the trial of the murderers, Azhari scholar Muhammad al-Ghazali testified that when the state fails to punish apostates, somebody else has to do it.[49]

Other countries

Vigilantes have killed, beaten, and threatened converts in Pakistan, the Palestinian territories, Turkey, Nigeria, Indonesia, Somalia, and Kenya. In November 2005, Iranian convert Ghorban Tourani was stabbed to death by a group of fanatical Muslims. In December 2005, Nigerian pastor Zacheous Habu Bu Ngwenche was attacked for allegedly hiding a convert. In January 2006, in Turkey, Kamil Kiroglu was beaten unconscious and threatened with death if he refused to deny his Christian faith and return to Islam.[30]

In Malaysia, although there has not been violence visited upon apostates, cases such as the Lina Joy episode confirm that Muslim apostasy is illegal and unaccepted by the state, at least on an identification card.

See also

References

  1. ^ a b c d Badawi, Jamal A. (26 April 2006). "Is Apostasy a Capital Crime in Islam?". Contemporary Issues. IslamOnline. http://www.islamonline.net/English/contemporary/2006/04/article02.shtml. Retrieved 14 October 2009. 
  2. ^ Kutty, Ahmad (15 September 2009). "Should an Apostate Be Put to Death?". IslamOnline. http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1141277529583. Retrieved 14 October 2009. 
  3. ^ Al-Qaradawi, Yusuf (13 April 2006). "Apostasy: Major and Minor". Contemporary Issues. IslamOnline. http://www.islamonline.net/English/contemporary/2006/04/article01c.shtml. Retrieved 14 October 2009. 
  4. ^ a b c Jane Dammen McAuliffe, general editor (2001). "Apostasy". in McAuliffe, Jane Dammen. Encyclopaedia of the Qur'an. 1. Leiden: Brill. ISBN 978-90-04-11465-4. 
  5. ^ a b Saeed, Abdullah; Saeed, Hassan (2004). Freedom of Religion, Apostasy and Islam. Ashgate Publishing. p. 85. ISBN 978-0-7546-3082-1. OCLC 49531008. 
  6. ^ a b Kamali, Mohammad Hashim (1998). "Punishment in Islamic Law: a Critique of The Hudud Bill of Kelantan, Malaysia". Arab Law Quarterly 13 (3): 203–234. doi:10.1163/026805598125826102. http://scholar.google.com/scholar?q=info:2og1-0ORE-gJ:scholar.google.com/&output=viewport&pg=1&hl=en. 
  7. ^ a b Grand Mufti Ali Gomaa, Gomaa's Statement on Apostasy, The Washington Post, July 25, 2007.
  8. ^ a b Nashwa Abdel-Tawab, 'Whosoever will, let him disbelieve', Al-Ahram Weekly, Issue No. 857, 9–15 August 2007.
  9. ^ a b c d Jami, Mahdi (2 February 2005). "آيت الله منتظری: هر تغيير مذهبی ارتداد نيست [Grand Ayatollah Hossein-Ali Montazeri: 'Not Every Conversion is Apostasy']" (in Persian). BBC Persian. http://www.bbc.co.uk/persian/iran/story/2005/02/050202_mj-montzari-renegade.shtml. Retrieved 14 October 2009. 
  10. ^ a b Abdelhadi, Magdi (27 March 2006). "What Islam says on religious freedom". BBC News. http://news.bbc.co.uk/2/hi/south_asia/4850080.stm. Retrieved 14 October 2009. 
  11. ^ a b Al-Qaradawi, Yusuf (24 March 2003). "Fatwa on Intellectual Apostasy". IslamOnline. http://www.islamonline.net/servlet/Satellite?cid=1119503545098&pagename=IslamOnline-English-Ask_Scholar%2FFatwaE%2FFatwaE. Retrieved 14 October 2009. 
  12. ^ a b Rahman, S. A. (1972). Punishment of Apostasy in Islam. Lahore: Institute of Islamic Culture. pp. 10–13. OCLC 708470. 
  13. ^ a b Shafaat, Ahmad (February 2006). "The punishment of apostasy in Islam". http://www.islamicperspectives.com/Apostasy1.htm. Retrieved 14 October 2009. 
  14. ^ "Afghan convert freed from prison". BBC News. 28 March 2006. http://news.bbc.co.uk/2/hi/4851666.stm. Retrieved 14 October 2009. 
  15. ^ a b Heffening, W. (1993). "Murtadd". in C.E. Bosworth, E. van Donzel, W.P. Heinrichs, et al.. Encyclopaedia of Islam. 7. Brill Academic Publishers. ISBN 978-90-04-09419-2. 
  16. ^ a b W. Heffening, in Encyclopedia of Islam
  17. ^ according to Abdurrahmani'l-Djaziri's Kitabul'l-fiqh 'ala'l-madhahibi'l-'arba'a i.e. Apostasy in Islam according to the Four Schools of Islamic Law (Vol. 5, pp. 422-440) First English Edition (Villach): 1997
  18. ^ Glassé, Cyril (2001). The New Encyclopedia of Islam. Walnut Creek, California: AltaMira. p. 54. ISBN 978-0-7591-0189-0. OCLC 48553252. 
  19. ^ S. A. Rahman (1986). Punishment of apostasy in Islam. Kazi. ISBN 978-0-686-18551-2. 
  20. ^ Saeed, Abdullah; Saeed, Hassan (2004). Freedom of Religion, Apostasy and Islam. Ashgate Publishing. ISBN 978-0-7546-3082-1. OCLC 49531008. 
  21. ^ Spollen, Jonathan (27 July 2007). "The conversion factor". The Guardian. http://www.guardian.co.uk/commentisfree/2007/jul/27/theconversionfactor. Retrieved 15 October 2009. 
  22. ^ Halim, Shah Abdul (5 August 2003). "Islam & Pluralism: A Contemporary Approach". Contemporary Issues. IslamOnline. http://www.islamonline.net/english/Contemporary/2003/05/Article01a.shtml. Retrieved 15 October 2009. 
  23. ^ Ghamidi, Javed Ahmad (November 1996). "The Punishment for Apostasy". Renaissance 6 (11). http://www.renaissance.com.pk/novsps966.html. 
  24. ^ Rahman, S. A. (1972). Punishment of Apostasy in Islam. Lahore: Institute of Islamic Culture. p. 54. OCLC 708470. 
  25. ^ Farooq, Mohammad Omar (2 April 2007). "On Apostasy and Islam: 100+ Notable Islamic Voices affirming the Freedom of Faith". Apostasy and Islam. http://apostasyandislam.blogspot.com/2007/04/apostasy-and-islamic-voices-affirming.html. Retrieved 15 October 2009. 
  26. ^ Ahmed, A. A. (2006). The Hidden Life of the Prophet Muhammad. AuthorHouse. ISBN 978-1-4259-0571-2. http://www.scribd.com/doc/16055814/The-Hidden-Life-of-the-Prophet-Muhammad. 
  27. ^ a b Mawdudi, Abul Ala (1994). "The Punishment of the Apostate According to Islamic Law". in Husain, Syed Silas; Hahn, Ernest. Answering Islam. http://answering-islam.org/Hahn/Mawdudi/. Retrieved 14 October 2009. 
  28. ^ Rizvi, Sayyid Muhammad (2006). "Apostacy (Irtidad) in Islam". http://al-islam.org/short/apostasy/. Retrieved 15 October 2009. 
  29. ^ Warraq, Ibn (18 April 2005). "Apostasy and Human Rights". International Humanist and Ethical Union. http://www.iheu.org/node/1541. Retrieved 15 October 2009. 
  30. ^ a b c d e f Marshall, Paul (10 April 2008). "Apostates from Islam". The Weekly Standard 011 (28). http://www.weeklystandard.com/Content/Public/Articles/000/000/012/059fpgrn.asp. 
  31. ^ Gartenstein-Ross, David (February 2005). "When Muslims Convert". Commentary. http://www.commentarymagazine.com/viewarticle.cfm/when-muslims-convert-9855. Retrieved 15 October 2009.  Full text.
  32. ^ "Muslim apostates cast out and at risk from faith and family". The Times (London). 5 February 2005. http://www.timesonline.co.uk/tol/news/uk/article510589.ece. Retrieved 15 October 2009. 
  33. ^ Spencer, Robert (9 September 2004). "Why Must Ex-Muslims Live in Fear -- In America?". Jihad Watch. http://www.humanevents.com/article.php?id=5031. Retrieved 15 October 2009. 
  34. ^ "The Application of the Apostasy Law in the World Today". Barnabas Fund. 3 July 2007. http://barnabasfund.org/US/News/Archives/The-Application-of-the-Apostasy-Law-in-the-World-Today.html. Retrieved 15 October 2009. 
  35. ^ Kamguian, Azam (21 June 2005). "The Fate of Infidels and Apostates under Islam". International Humanist and Ethical Union. http://www.iheu.org/node/1540. Retrieved 15 October 2009. 
  36. ^ http://compassdirect.org/en/display.php?page=breaking&lang=en&length=long&idelement=5470 Apostasy
  37. ^ "Iran considering death penalty for web-related crimes". Gulf News. 2 July 2008. http://gulfnews.com/news/region/iran/iran-considering-death-penalty-for-web-related-crimes-1.116338. Retrieved 15 October 2009. 
  38. ^ "Iranian academic sentenced to death". BBC News. 7 November 2002. http://news.bbc.co.uk/2/hi/middle_east/2415751.stm. Retrieved 15 October 2009. 
  39. ^ Human Rights Watch (9 November 2002). "Iran: Academic's Death Sentence Condemned". Press release. Archived from the original on 13 November 2002. http://web.archive.org/web/20021113041505/http://www.hrw.org/press/2002/11/iranacademic.htm. Retrieved 15 October 2009. 
  40. ^ Human Rights Watch (1 November 2000). "Iran: Trial for Conference Attendees". Press release. http://www.hrw.org/en/news/2000/11/01/iran-trial-conference-attendees. Retrieved 15 October 2009. 
  41. ^ Affolter, Friedrich W. (January 2005). "The Specter of Ideological Genocide: The Bahá'ís of Iran". War Crimes, Genocide and Crimes Against Humanity 1 (1): 59–89. http://www.altoona.psu.edu/journals/war-crimes/articles/V1/v1n1a3.pdf. 
  42. ^ Reuters (3 May 2006). "State to appeal ruling that favours Egypt's Baha'is". Khaleej Times. http://www.khaleejtimes.com/DisplayArticle.asp?xfile=data/middleeast/2006/May/middleeast_May69.xml&section=middleeast&col=. Retrieved 15 October 2009. 
  43. ^ "Interview with Founder of 'Council of Ex-Muslims'". Der Spiegel. 27 February 2007. http://www.spiegel.de/international/spiegel/0,1518,468828,00.html. Retrieved 15 October 2009. 
  44. ^ "Three killed at Turkish publisher". BBC News. 18 April 2007. http://news.bbc.co.uk/2/hi/europe/6568911.stm. Retrieved 15 October 2009. 
  45. ^ "Ten arrested over Turkey murders". BBC News. 19 April 2007. http://news.bbc.co.uk/2/hi/europe/6572257.stm. Retrieved 15 October 2009. 
  46. ^ Grossbongardt, Annette (23 April 2007). "After the Missionary Massacre: Christian Converts Live In Fear in Intolerant Turkey". Der Spiegel. http://www.spiegel.de/international/world/0,1518,478955,00.html. Retrieved 15 October 2009. 
  47. ^ Christian post: "Egypt Rules Christian Convert Must Remain Legally Muslim" Retrieved 2008-02-03
  48. ^ Compass Direct (26 February 2009). "Egyptian Islamic Lawyers Urge Death Sentence For Convert". Assyrian International News Agency. http://www.aina.org/news/20090226172430.htm. Retrieved 15 October 2009. 
  49. ^ http://meria.idc.ac.il/journal/2007/issue2/jv11no2a3.html#_ednref63

Further reading

External links


Quotes

Up to date as of January 14, 2010

From Wikiquote

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It has been suggested that this article or section be merged into Apostasy. (Discuss)
Legal opinion on apostasy by a Fatwa committee concerning the case of a man who converted to Christianity: "Since he left the Islam, he will be invited to express his regret. If he does not regret, he will be killed pertaining to rights and obligations of the Islamic law."

Apostasy in Islam means rejecting Islam.

Sourced

  • Lo! those who disbelieve after their (profession of) belief, and afterward grow violent in disbelief: their repentance will not be accepted. And such are those who are astray.
  • AbuMusa said: Mu'adh came to me when I was in the Yemen. A man who was Jew embraced Islam and then retreated from Islam. When Mu'adh came, he said: I will not come down from my mount until he is killed. He was then killed. One of them said: He was asked to repent before that.

External links

Wikipedia
Wikipedia has an article about:

Simple English

Apostasy in Islam is when a follower of Islam tries to change their religion. When someone tries to reject their religion, this is called apostasy. There are different cases to be handled:

  • The follower of Islam must be an adult, the rules usually do not apply to children.
  • The follower of Islam must be sane. Insane people cannot make decisions.
  • The follower must change their religion because they want to. Being forced to change their religion is not apostasy.[1][2]

Most Sunni Islam and the Twelvers Shi'a Islamic schools of thought agree that apostasy is a sin. There is a difference between harmful apostasy and harmless apostasy[3] (also known as major and minor apostasy).[1] According to Wael Hallaq nothing of the apostasy law are based on the Qur'an,[4] although the jurist al-Shafi'i interpreted the Qu'ranic verse 2:217. This provided the main evidence for apostasy being a capital crime in Islam.[5] Sharia says the punishment for apostasy should be death, but the Koran does not have a punishment for apostates in this world.

Some Islamic jurists[6][7][8][9][10] argued or issued fatwas that either the changing of religion is not punishable or is only punishable under restricted circumstances[11][12][13][14] Some groups within Islam, such as the Shi'a Ismaili, reject death for apostasy altogether.

Examples

  • Salman Rushdie was condemned to death in 1989 by Ayatollah Khomeini,[15] (ruler of Iran at the time) for his book The Satanic Verses
  • Abdul Rahman, an Afghan convert to Christianity, was arrested and jailed on the charge of rejecting Islam in 2006 but later released as insane.[16]

References

  1. 1.0 1.1 "Is Apostasy a Capital Crime in Islam?" Islam Online, 26 April 2006
  2. "Should an Apostate Be Put to Death?" www.islam.ca, 27 March, 2006
  3. [http://www.islamonline.net/English/contemporary/2006/04/article01c.shtml##top2"Apostasy Major and Minor"], Qaradawi, 13 April 2006
  4. Encyclopedia of the Quran, Apostasy
  5. W. Heffening, in Encyclopedia of Islam
  6. Abdullah Saeed and Hassan Saeed (2004), Freedom of Religion, Apostasy and Islam, p. 85, Ashgate Publishing, ISBN 0754630838.
  7. Mohammad Hashim Kamali (1998), "Punishment in Islamic Law: A Critique of the Hudud Bill of Kelantan, Malaysia", Arab Law Quarterly 13 (3): 203-234, Brill Publishers.
  8. Grand Mufti Ali Gomaa, Gomaa's Statement on Apostasy, The Washington Post, July 25, 2007.
  9. Nashwa Abdel-Tawab, 'Whosoever will, let him disbelieve', Al-Ahram Weekly, Issue No. 857, 9-15 August 2007.
  10. Grand Ayatollah Hossein-Ali Montazeri: "Not Every Conversion is Apostasy", by Mahdi Jami, In Persian, BBC Persian, February 2, 2005, retrieved April 25, 2006
  11. What Islam says on religious freedom, by Magdi Abdelhadi, BBC Arab affairs analyst, 27 March 2006, retrieved April 25, 2006
  12. Fatwa on Intellectual Apostasy, Text of the fatwa by Sheikh Yusuf Al-Qaradawi
  13. S. A. Rahman in "Punishment of Apostasy in Islam", Institute of Islamic Culture, Lahore, 1972, pp. 10-13
  14. The punishment of apostasy in Islam, View of Dr. Ahmad Shafaat on apostasy.
  15. On this day: February 14, 1989; BBC News, accessed March 17, 2009
  16. "Afghan convert freed from prison", BBC News, March 28, 2006, retrieved April 11, 2006







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