Medieval Islamic scholars also differed on the punishment of a female apostate: death, enslavement, or imprisonment until repentance. Abu Hanifa and his followers refused the death penalty for female apostates, supporting imprisonment until they re-embrace Islam. Hanafi scholars maintain that a female apostate should not be killed because it was forbidden to kill women by the Islamic prophet Muhammad, and because women are unlikely to take up arms and endanger the community. In modern times, some Islamic scholars oppose any penalty for apostasy, including Gamal Al-Banna, Taha Jabir Alalwani, and Shabir Ally. Quran Alone Muslims do not support the apostasy penalty, citing verses from Qur'an which advocate free will.
Others believe that the death penalty can only be applied in certain cases or when apostasy is coupled with attempts to "harm" the Muslim community, rejecting the death penalty in other cases. These include, Ahmad Shafaat, Jamal Badawi, Javed Ahmad Ghamidi, and Maliki jurist Abu al-Walid al-Baji.
However, Zakir Naik stated that if a former Muslim speaks against Islam then that is considered as treason and punishable by death in a country ruled by Islamic law, he also stated that he does not know of any country which is ruled by 100% Islamic law., a view which is held by other contemporary Islamic scholars such as Bilal Philips, and Yusuf al-Qaradawi, the latter reduces the punishment to imprisonment till repentance in the case of an apostate who did not proclaim apostasy, whereas the judgement which is still widely adopted advocates death for every ex-Muslim, for instance, Sheik Muhammad Al-Munajid the owner, writer and administrator for the popular islam-qa.com site advocates that judgement stating that leaving them alive "may encourage others to forsake the truth".
Contemporary reform Muslims such as Quran Alone intellectuals Ahmed Subhy Mansour, Edip Yuksel, and Mohammed Shahrour have suffered from accusations of apostasy and demands to execute them, issued by Islamic clerics such as Mahmoud Ashur, Mustafa Al-Shak'a, Mohammed Ra'fat Othman and Yusif Al-Badri.
Prominent recent examples of writers and activists killed because of apostasy claims include Mahmoud Mohammed Taha, Faraj Foda, Rashad Khalifa, Ghorban Tourani, Necati Aydin, Uğur Yüksel, and the Egyptian Nobel prize winner Najib Mahfouz was injured in an attempted assassination, disabling him until his death in 2006.
The case of Abdul Rahman, an Afghan who converted from Islam to Christianity sparked debate on the issue. While he initially faced the death penalty, he was eventually released as he was deemed mentally unfit to stand trial.
The Qur'an contains verses from which it can be inferred that apostasy is not a capital offence.
The two most popular Hadiths usually cited by orthodox Islamic clerics to support the death penalty for apostates are: :"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." :"Whoever changed his (Islamic) religion, then kill him"
For example: if a sane adult Muslim, knowing and professing that God exists and is one, were to then declare that God does not exist, then this would constitute apostasy. Another example: if a sane adult Muslim, knowing that salat (prayer) is fard al-ayn (personally obligatory), were to then declare that it was not personally obligatory, then this would constitute apostasy. By contrast, for example: if a sane adult Muslim, knowing that consumption of alcohol is haram (forbidden), were to consume alcohol knowing and professing that it was forbidden, then this would merely constitute disobedience and not apostasy. Another example, if a sane adult Muslim carelessly and thoughtlessly makes a statement of unbelief, then this would not constitute apostasy.
In traditional Islam, there is a distinction between private and public apostasy. Private apostasy is the satisfaction of the above conditions, but without any public declaration. For example, if a sane adult Muslim performed daily prayers, professed them to be obligatory, but personally believed them to not be obligatory, then this would constitute private apostasy. Or for example, if a person professed the shahada with knowledge of its meaning, but in their home secretly worshiped idols, then this would constitute private apostasy. Public apostasy is the satisfaction of the above conditions by means of public declaration.
Of public apostasy, traditional scholars can also differ in their opinions as to when the required conditions of (a) understanding of the shahada, (b) 'necessary knowledge' of the shariah, and (c) 'sound mind' are satisfied in order for a valid ruling of apostasy to be made. For example: if a person were to profess the shahada but was not taught its meaning and so continued to worship idols, and if on being correctly informed of the meaning of the shahada did not accept it as true, then he or she may be judged to have never been a Muslim in the first place, and therefore not an apostate. Another example: if a person believed pork to be halal (permissible), the judgement of apostasy (as opposed to mere ignorance) would be dependent upon whether he or she were deemed to be adequately taught the essentials of the shariah. Another example: under Mamluk rule in Egypt, scholars ruled that anyone declaring themselves to be a new Prophet - thereby denying by implication that Muhammad was last prophet - was deemed to be insane and exempt from any judgement whatsoever. This opinion later came to be favoured by the Hanafi Ottoman scholars. Before the Mamluks, the declaration of Prophethood was automatically deemed to be proof of apostasy. Hanifi and Shafi'i also disagree on whether ridiculing (Islamic) scholars is an act of apostasy.
Today, a minority of 'Modernist' or 'Revisionists' Muslims ascribe additional requirements to disbelief to constitute apostasy, such as joining the enemies who are at war with Muslims, or as in Qur'an (Qur'an ) "those who wage war against God and His Apostle",
Al-Qaradawi states that if an apostate proclaims and openly calls for apostasy in speech or writing, then the punishment is the death penalty, otherwise, imprisonment till repenting.
About people who are self-declared as Muslims but are suspected by the traditional Islamic scholars of committing what amounts to apostasy, for instance, by writing what could be interpreted as a result of disbelief in Islam or traditional interpretation of it, according to Al-Qaradawi who calls this "intellectual apostasy" and refers to it as a "hypocrisy (which) is more dangerous than open disbelief", it is not the role of the Muslim Community, rather it is the role of scholars to respond to these types of ideas:
Intellectual apostasy is always propagated night and day. We feel its relentless and ruthless effects on our society. It needs a wide scale attack at the same level of strength and thinking. The positive religious obligation here is for Muslims to launch war against such a hidden enemy, to fight it with same weapon it uses in waging attack against the society. Here comes the role of erudite scholars who are well versed in Islamic Jurisprudence.
Contemporary Islamic Shafi`i jurists such as the Grand Mufti Ali Gomaa, Shi'a jurists such as Grand Ayatollah Hossein-Ali Montazeri, 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.
Medieval Muslim scholars (e.g. Sufyan al-Thawri) and modern (e.g. Hasan at-Turabi), also have argued that the hadith used to justify execution of apostates (see below) should be taken to apply only to political betrayal of the Muslim community, rather than to apostasy in general. These scholars argue for the freedom to convert to and from Islam without legal penalty.
Other prominent Islamic scholars like the Grand Mufti of Cairo Sheikh Ali Gomaa have stated that while God will punish apostates in the afterlife they should not be executed by human beings. Ali Gomaa later clarified that leaving Islam without punishment was not what he meant; "What I actually said is that Islam prohibits a Muslim from changing his religion and that apostasy is a crime, which must be punished."
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.
W. Heffening states that in Qur'an "the apostate is threatened with punishment in the next world only," adding that Shafi'is interpret verse 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." 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 which contains the explicit language, "Let there be no compulsion in religion...", 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.
Ayatollah Montazeri holds that it is probable that the punishment was prescribed by Muhammad during early Islam to combat political conspiracies against Islam and Muslims, and is not intended for those who simply change their belief or express a change in belief. Montazeri defines different types of apostasy. He argues that capital punishment should be reserved for those who desert Islam out of malice and enmity towards the Muslim community, and not those who convert to another religion after investigation and research.
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)". Even the above interpretations indicate ""waging war and creating trouble in the land" as the issue of concern to the society, while mere change of belief is mentioned to be dealt by God Himself.
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Other examples include , , and .
However, Ibn Warraq identifies earlier scholars of Islam who found support in the Qur'an for the death penalty for apostasy. He quotes al-Shafi'i (died 820 C.E.), the founder of one of the four orthodox schools of law of Sunni Islam that verse 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 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 () reads:
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.
Other examples of persecution of apostates converting to Christianity have been given by the Christian organisation Barnabas Fund:}}
Similar views are expressed by the 'non-religious' International Humanist and Ethical Union.
A survey conducted by the Pew Research Center found relatively widespread popular support for death penalty as a punishment for apostasy in Egypt (84% of respondents in favor of death penalty), Jordan (86% in favor), Indonesia (30% in favor), Pakistan (76% favor) and Nigeria (51% in favor).
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. Hashem Aghajari, was found guilty of apostasy for a speech urging Iranians to "not blindly follow" Islamic clerics; 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.
Bahá'ís in Iran, the nation of origin of the Bahá'í Faith and Iran's largest religious minority, were accused of apostasy in the 19th century by the Shi'a clergy because of their claim to a valid religious revelation subsequent to that of Muhammad. These allegations led to mob attacks, public executions and torture of early Bahais, including the Bab.
"An Apostate will be suppressed three days in prison in order that he may repent ..... otherwise, he should be killed, because he has changed his true religion, therefore, there is no use from his living, regardless of being a man or a woman, as Mohammed said: "Whoever changes his religion, kill him", narrated by Al-Bukhari and Muslim."
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.
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.
In 1992 Islamist militants gunned down Egyptian secularist Farag Foda. 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.
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, thus ignoring the historical nature of the conversion and the fact that most living Bahá'í have not, in fact, ever been Muslim.
Islamic scholar Dr. Fathi Osman has stated that in modern times, leaving the religion of Islam is within the rights of an individual. Dr. Osman is a representative of the Center for Muslim-Jewish Engagement.
Category:Apostasy in Islam Category:Disengagement from religion Category:Islamic criminal jurisprudence
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Warraq gathered world notice through his historiographies of the early centuries of the Islamic timeline and has published works which question mainstream conceptions of the period. He is the author of seven books, including Why I Am Not a Muslim (1995), (1998), The Quest for the Historical Muhammad (2000), What the Koran Really Says: Language, Text and Commentary (2002) and (2007). He has also spoken at the United Nations "Victims of Jihad" conference organized by the International Humanist and Ethical Union alongside speakers such as Bat Ye'or, Ayaan Hirsi Ali, and Simon Deng.
By 19 he had moved to Scotland to pursue his education at the University of Edinburgh, where he studied philosophy and Arabic with Islamic studies scholar W. Montgomery Watt.
After graduating, Warraq taught primary school in London for five years and moved to France with his wife in 1982, opening an Indian restaurant. He worked as a courier for a travel agent until the Rushdie affair took place. Because of this event, Warraq began to write for the American secular humanist Free Inquiry Magazine on topics such as "Why I am not Muslim."
Ibn Warraq continued writing with several works examining the historiography of the Qur'an and Muhammad, raising a great deal of controversy that allowed certain Islamic leaders to arouse animosity in their communities in the process. Other books treated secular humanist values among Muslims. In The Origins of The Koran: Classic Essays on Islam’s Holy Book Ibn Warraq includes some of Theodor Nöldeke's studies.
In 2005, Warraq spent several months working with Christoph Luxenberg
In February 2006, he participated with several other specialists at the Pim Fortuyn Memorial Conference on Islam in The Hague (Feb. 17th-19th 2006).
In March 2006, a letter he co-signed entitled with eleven other individuals (most notably Salman Rushdie) was published in response to violent and deadly protests in the Islamic world surrounding the Jyllands-Posten Muhammad cartoons controversy.
Although not a member of any religion, He is the founder of the Institute for the Secularisation of Islamic Society. Despite his criticisms of Islam, he does not take the view that it cannot be reformed; he has a high opinion of Sufism and he works with liberal Muslims in his group. He has described himself as an atheist or an agnostic.
In 2007, he participated in St Petersburg Secular Islam Summit along with other thinkers and reformers of Islam such as Ayaan Hirsi Ali, Wafa Sultan, and Irshad Manji. The group released the St Petersburg Declaration, which urges world governments to, among other things, reject Sharia law, fatwa courts, clerical rule, and state-sanctioned religion in all their forms; and to oppose all penalties for blasphemy and apostasy, which they believe to be in violation of Article 18 of the Universal Declaration of Human Rights.
Warraq's op-ed pieces have appeared in The Wall Street Journal and The Guardian in London, and he has addressed governmental bodies all over the world, including the United Nations in Geneva.
In October 2007, Warraq participated in the IQ2 debates in London with Douglas Murray, David Aaronovitch, Tariq Ramadan, William Dalrymple, and Charles Glass
Conversely, in reviewing Ibn Warraq's compilation The Origins of the Koran, religious studies professor Herbert Berg has labelled him as "polemical and inconsistent" in his writing. In reviewing Ibn Warraq's essay in his Quest for the Historical Muhammad (2001) Fred Donner, a professor in Near Eastern studies, notes his lack of specialist training in Arabic studies, citing "inconsistent handling of Arabic materials," and unoriginal arguments, and "heavy-handed favoritism" towards revisionist theories and "the compiler’s [i.e. Ibn Warraq's] agenda, which is not scholarship, but anti-Islamic polemic."
François de Blois in reviewing The origins of the Koran, states that "it is surprising that the editor, who in his Why I am not a Muslim took a very high posture as a critical rationalist and opponent of all forms of obscurantism, now relies so heavily on writings by Christian polemicists from the nineteenth century". Similarly, Professor As'ad AbuKhalil noted that unlike the medieval Al-Warraq who criticized more than one religion, "Ibn Warraq claims to subscribe to secularism and freethinking, yet he objects to Islam only and aligns himself with Christian fundamentalism, which raises questions about the true thrust of his mission" and added that "the more rigid and biased the Orientalists, the better for Warraq".
Category:1946 births Category:Alumni of the University of Edinburgh Category:Pakistani agnostics Category:Muhajir people Category:Living people Category:Pakistani humanists Category:Criticism of Islam Category:Pakistani former Muslims Category:Pseudonymous writers
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