Freedom of Religion and Apostasy in Islam

By Dr. Ahmed Raysunī *

Published by Suhaib Webb June 25th, 2009 in General

Freedom of Religion and Apostasy in Islam

By Dr. Ahmed Raysunī*

“This topic, as noted in the title, addresses two issues:

The first relates to the freedom of religion in the general sense; and the right
to choose ones faith prior to becoming Muslim. In this scenario there is
absolutely no doubt regarding the right to embrace any faith one feels
comfortable with. If one were a Christian, Jew or Zoroastrian, then that is his
choice; he is free to live amongst the Muslims practicing his faith and none can
compel him to accept Islam and leave his religion. Islamic history and the
current state of affairs bear witness to this. Every religion and faith group that
resided in the lands which Islam entered still exists there today, and whoever
wants to remain a member of one of those congregations is free to do so.

The second matter is the main subject of this lesson and that is the case of one
who embraced Islam only to renounce it latter. There is no doubt; this is a
problematic issue in Islamic law. If classical legal scholars sought to solve this
problem in light of their historical and political contexts, contemporary legal
scholars are called to re-examine and re-evaluate this issue in light of their
circumstances as well. Present-day scholars have taken up this challenge but
with great caution and reverence due to the fact that earlier scholars came to a
consensus, or seemingly reached one, as to the punishment for those who
leave Islam.
Before I offer my thoughts on this issue, I would like to address the following
points that will serve as an introduction to my conclusion:

The Qur’an mentions those who renounce Islam in a number of places without
prescribing their worldly punishment

Allah says,

“And if any of you Turn back from their faith and die in unbelief, their works
will bear no fruit in this life and in the Hereafter; they will be companions of
the Fire and will abide therein.” *al-Baqarah] 217

“Those who turn back as apostates after Guidance was clearly shown to them,-
the Evil One has instigated them and busied them up with false hopes.”
[Muhammad] 25

There is no questioning the fact that the Qur’an pays special attention in
prescribing punishments for certain criminal acts. It outlines the punishments
for murder, theft, fornication and terrorizing the innocent. However, it makes
no mention of the punishment for apostasy while mentioning it numerous
times along with its punishment in the Hereafter? How is this possible when, in
comparison to other unlawful acts whose punishments are outlined in the
Qur’an, apostasy is a greater offense? Does that not lead to the following:

The act in itself has no prescribed punishment in this life

Its case is different than other criminal acts outlined in the Qur’an

[if !supportLists]
Apostasy was a strategy that made a mockery of the pure Islamic call. It was
used by some Jews of Medina to motivate the polytheists and hypocrites
breeding dissention within the community. The Qur’an exposes this trickery .

Allah says:

“And a party of the People of the Scripture says: Believe in that which hath
been revealed unto those who believe at the opening of the day, and
disbelieve at the end thereof, in order that they may return.” *‘Ali-Imrān+ 72

The Qur’an mentions the plans of the hypocrites in the following verse:

“When they meet those who believe, they say: “We believe;” but when they
are alone with their evil ones, they say: “We are really with you: We (were)
only jesting.” *al-Baqarah] 14

And:

“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.” *al-Nisā+ 137

The Prophetic traditions related to this issue reveal another angle to the
strategy of apostasy that took place during Islam’s first generation. Apostasy
during that time was not merely switching faiths, nor a simple change in creed
or thinking. It was an act of sedition; renouncing one army for another
declaring war on the former. This is alluded to in a few authentic prophetic
traditions the most famous being the statement of the Prophet *sa+ “The blood
of a Muslim is sacred save in three cases ”…

Different Wording of This Hadith and Benefiting from Us̩ūl al-Fiqh

In the narration of the scholar al-Tirmidhi’s text on behalf of the Prophet’s
companion, ‘Abdullah bin Mas’oud, we find the Prophet’s statement, “The
blood of a Muslim is sacred save in three cases: murder, illegal fornication and
the one who renounced Islam and fought against the community [of
Muslims+.” This statement of the Prophet did not restrict itself to “one who
renounced Islam” but added “fought against the community” “abandoned the
Muslims” or, in another narration, “rebelled against the Muslims.” It is
inconceivable that this addition failed to bring any benefit that impacted the
ruling.

The statement “fought against the Muslims” implies an act of war,

insubordination against the Muslim community; and joining ranks with its
enemies. This is clarified by the narration of Imām Abū Dawūd and Imām al-
Nasāī on behalf of ‘Āisha who narrated that the Prophet said, “The blood of the
Muslim who testifies that there is nothing worthy of worship save Allah and
Muhammad is the messenger of Allah, is not permissible to be spilt save in
three cases: A man who commits adultery, he should be stoned; and a man
who sets out declaring war upon Allah and His messenger. He should be killed,
crucified or expelled and if he murdered, he should be killed ”.

In the narration of al-Nasāī and Imām al-Tahāwī in his text on problematic

hadiths we find, “A man who renounced Islam declaring war upon Allah and
His messenger. He should be killed, crucified or expelled from the land ”.

These narrations serve to restrict and clarify the texts which allude to the
general punishment of killing anyone who apostates. Their generality
illustrates that the apostasy of a person who should be killed, was that related
to insubordination and fighting against the Islamic community, linked to
making mockery of the religion, while joining the ranks of the enemies of the
Muslim community .
If this is the case, then the punishments for compound apostasy [coupled with
insubordination] are not from the class of punishments that are fixed for
certain crimes *Ar. Hudūd+, rather they are from the class of discretionary
punishments *Ar. t’azirāt+ related to Shari’ah politics and the executive orders
of the state. These orders were ultimately determined by the realities facing
the Islamic state regarding stability, turmoil, strength and weakness; in
consideration of the overall societal harms caused by the apostate guilty of
sedition.

As for plain apostasy, whether done in open or secret, then this is not the
apostasy mentioned in the Qur’an and the Prophet’s statements above.
Therefore, I understand that this type of apostasy is not related to the
apostasy linked to the punishments mentioned above. Rather there are
another group of texts that address this type of apostasy namely ,

“There is no compulsion in religion.” *al-Baqarah] 256

This verse confirms, in definitive fashion, that there is absolutely no place in

Islam for coercion; that there is absolutely no room for it in areas of faith and
that it could never serve as the platform for belief to flourish nor bring about
any benefit. This is a certain fact which none can deny. Religion is based on
faith; and faith is based on recognition and acceptance. It comes through
affirmation, satisfaction and a tranquility which settles in the mind and heart .

Allah says ,

“Allah has endeared the Faith to you, and has made it beautiful in your hearts,
and He has made hateful to you Unbelief, wickedness, and rebellion: such
indeed are those who walk in righteousness.” *al-Hujurāt+:7
If there were a place in Islam for coercion and forcing others to enter it, then it
would be for Allah [the Glorified] to do so. For He is the Unique, the
Dominator, guiding whom He wills from disbelief to faith. If He willed, He could
guide all of humanity [to Islam]. However, from His majestic wisdom He
refused to do so:

“And if your Lord had pleased, surely all those who are in the earth would have
believed, all of them; will you then force men till they become believers?”
[Yunus]: 99

“Say: Then Allah’s is the conclusive argument; so if He please, He would

certainly guide you all.” *Al-An’ām+: 149

“And if Allah had pleased, they would not have set up others (with Him) and
We have not appointed you a keeper over them, and you are not placed in
charge of them.” *Al-‘An’ām+: 107

Therefore, if Allah [the Most High] did not compel His creation to believe in
Him, nor did he permit His prophet [sa] to do so instructing him,

“Remind them, for thou art but a reminder. You art not to manage (men’s)
affairs.” *Al-Ghāshiyah+: 21-22

Then, how could He allow, or order, the leaders of the Muslims to force one to
remain as a Muslim or return to it under the threat of death”?

Dr. Ahmad Ar-Raysouni is a professor of principles of Islamic jurisprudence at

Moroccan Universities, and he is also a member of the Moroccan Scholars
Association. Dr. Ar-Raysouni earned his PhD in Shari`ah in 1992. He is the
author of many books on Islam, such as Nazariyyāt Al-Maqāsid `inda Al-’Imām
Ash-Sh̄atib̄i, Madkhal ‘ila Maqāsid Ash-Shari`ah, Al-Ijtihād wa An-Nass wa Al-
Maslahah wa Al-Waqi`

Translated and abridged from here

http://www.raissouni.org/affdetail.asp?codelangue=6&info=103

Translated and abridged by Suhaib Webb

Edited by Sr. Mona

www.suhaibwebb.com

--------------------------------------------------------------------------------

http://www.suhaibwebb.com/blog/general/freedom-of-religion-and-apostasy-
in-islam-by-dr-ahmed-raysuni/