Classical Islāmic Views on the Punishment for Apostasy
By Abu Amir
Comments on Classical Islāmic Views on the Punishment for Apostasy
Classically, there has been consensus amongst the Muslim jurists that, in an Islāmic polity, an apostate from Islām who refuses to return back to the religion will be executed. The famous Ḥanbalī jurist, Muwaffaq al-Dīn ibn Qudāmah (541 – 620 H), for example, said: “The people of religious knowledge have reached consensus on the obligation of executing apostates. This has been reported from Abū Bakr, ‘Uthmān, ‘Alī, Mu‘ādh, Abū Mūsā, Ibn ‘Abbās, Khālid and others, without any disapproval – hence, there was consensus.”[1] The famous scholar of ḥadīth and jurisprudence, Ibn Daqīq al-‘Īd (625 – 702 H), said: “Apostasy is a cause of making the blood of a Muslim licit by consensus with respect to a male [apostate].”[2]
There are some explicit ḥadīths which state that a Muslim who renounces the religion should be put to death. Some of these will be mentioned below.
Due to the current political climate, many Muslims feel compelled to reject this ruling and to interpret the statements of the Prophet (peace be upon him) and the jurists as punishments relating to treason and not apostasy. They also claim, there has historically been disagreement on this ruling.
In light of a recent defence of this revisionist take on the Islāmic law of apostasy,[3] the following will address the opinions of ‘Umar ibn al-Khaṭṭāb, Ibrāhīm al-Nakha‘ī and ‘Umar ibn ‘Abd al-‘Azīz, as statements of all three have been misrepresented to support the claim that there was no consensus. A few more relevant issues will then be touched upon.
‘Umar ibn al-Khaṭṭāb
An incident has been quoted in some collections of ḥadīth that ‘Umar ibn al-Khaṭṭāb denounced the execution of an apostate or a group of apostates. This has been misrepresented by some individuals to support the claim that ‘Umar rejected the death penalty for apostates altogether. What ‘Umar in fact denounced was the execution of apostates without affording them the opportunity to repent and return back to the religion. I will quote a few narrations below, showing explicitly that ‘Umar was in support of the death penalty for apostasy, so as to leave no doubt over his opinion on this matter.
On the very incident in question, Sufyān ibn ‘Uyaynah (d. 198 H) narrates from Muḥammad ibn ‘Abd al-Raḥmān ibn ‘Abd al-Qārrī from his father, ‘Abd al-Raḥmān ibn ‘Abd (d. 80), that he narrates:
When the news of the conquest of Tustar reached ‘Umar, he asked them: “Any news?” They said: “There was a man amongst the Muslims who joined the idolaters so we captured him.” He said: “What did you do with him?” They said: “We executed him.” He said: “Why did you not put him in a room and lock the door, feed him a loaf of bread each day, and then ask him three times to repent: then if he repents – good and well –, and if not, execute him?” Then he said: “O Allāh, bear witness, I did not order this nor was I happy when its news reached me.” [4]
With respect to the chain of narration, ‘Abd al-Raḥmān ibn ‘Abd al-Qārrī was from the senior Tābi‘īn, born in the time of the Prophet (peace be upon him). He is known to have accompanied ‘Umar, and is regarded as a trustworthy transmitter found in the six famous collections of ḥadīth. His son, Muḥammad, is amongst those known to have narrated from him. [5]
It is clear from this version of the report that ‘Umar did not contest the death penalty for apostasy. He only disapproved of the procedure that was followed. An apostate must be afforded the opportunity to repent before he is sentenced to death. After being given this opportunity, however, ‘Umar himself said the apostate will be executed if he refuses to repent.
Below are two further reports which prove that ‘Umar supported the death penalty for apostasy:
‘Abd al-Razzāq al-Ṣan‘ānī reports in his Muṣannaf from his teacher, Ma‘mar ibn Rāshid (d. 153), from his teacher, al-Zuhrī (d. 124), from ‘Ubaydullāh ibn ‘Abdillāh ibn ‘Utbah (d. 98), one of the seven great jurists of Madīnah, from his father, a Ṣaḥābī by the name of ‘Abdullāh ibn ‘Utbah, that he said:
Abdullāh ibn Mas‘ūd captured a group of men from the inhabitants of ‘Irāq who had apostatized from Islām. He wrote concerning them to ‘Umar. He wrote back to him: “Offer to them the true religion and to bear testimony that there is no deity but Allāh. If they accept, release them. If they do not accept, execute them.” Some of them accepted so he released them and some did not accept so he killed them. [6]
This is an authentic report.
Second, Ibn Abī Shaybah reports in his Muṣannaf from ‘Abd al-Raḥīm ibn Sulaymān from Ḥajjāj ibn Arṭāt from ‘Amr ibn Shu‘ayb from his father from his grandfather, ‘Abdullāh ibn ‘Amr ibn ‘Āṣ, that he said:
Amr ibn ‘Āṣ wrote to ‘Umar ibn al-Khaṭṭāb that a man had converted to disbelief after belief. ‘Umar wrote back to him: “Ask him to repent. If he repents, accept it, and if not strike his neck.” [7]
There is some weakness in the chain of this report due to Ḥajjāj ibn Arṭāt. However, it is acceptable as a supporting narration.
In short, the view of ‘Umar ibn al-Khaṭṭāb does not negate the consensus on the death penalty for apostasy. His position is clearly in agreement with the death penalty. He only believed that apostates should be afforded the opportunity to repent, in which he has historically been supported by the vast majority of jurists.
Classical Islāmic Views on the Punishment for Apostasy
By Abu Amir Comments on Classical Islāmic Views on the Punishment for Apostasy Classically, there has been consensus amongst the Muslim jurists that, in an Islāmic polity, an apostate from Islām wh…
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