> First Translation Project - "Killing the apostate if he does not repent"

[Amat Allah]

And the answer on this inference is from many ways:

First: that this script is general including the original disbeliever whom doesn`t enter in Islam before and including whom enter Islam then left it to another religion than it.

And the rule of the fundamentalism is that : the particular script bring out what the general script indicated , and the general scripts remain indicative except what the particular script brought out ,and according to this the non compulsion is restricted to those who didn`t enter Islam originally, singling out the Muslims who left Islam with the executing (killing) , acting according to the previous proofs from the correct Ahaadeeth and putting them into effect in the time of the messenger peace and blessings of Allah be upon him , the Guided Caliphs , who followed them and what had based on acting according to them from the Ummah unanimous.

Second: that the religious freedom must be restricted with what the Shari’ a (Islamic law) tied it with. and the Shari’ a confined this freedom to whom didn`t enter Islam originally , but for the original Muslims or who entered Islam by his own choice knowing its facts and what imposed upon him from rulings , and from them the ruling (penalty) of the apostate which the proofs demonstrated it , then he got no share from this freedom cause he entered in Islam by his choice knowing that it’s not permissible for him to leave (get out of) it and the consequence of his leaving is killing him (his death) if he didn`t return to it (Islam).

Third: that the human being is not free in doing what harms him cause his soul is not his to act freely with it as he wills and he has no right to cut himself without any reason or killing it nor burning his money or taking what makes him lose his mind (sense) even if not harming the others by that. And taking what harms him is greater and it is leaving Islam afortiori. And Allah had legislated a penalty for this crime which must accepting it and putting it into effect.

Fourth: their justification that the apostate must not be killed because he didn`t rebel against Islam but left it. And there is no mockery at the religion in his apostasy and it is not showing any threatening for the Ummah or the existence of the deen and he doesn`t intend to play with the feelings or the ceremonies (rites) of the Muslims.

We say to them:” what a greater mockery of the deen than leaving it by who entered it by his choice with no compulsion and he knows the rulings of its Shari’ a, and that from them is killing the apostate, or by who grew up in an Islamic environment and tasted in it the sweetness of Islam and its pros which cannot be found in any religion but it, on this earth.

And how wouldn`t the individuals apostasy present any threatening for the Ummah or the deen existence? While we see the threatening for this Ummah and the deen existence is coming from people are living amongst us, still claiming of being Muslims while they are standing beside those who fighting against practicing Islam from the enemies of Islam by the name of the modernity , freedom and human rights?

Is who apostatized from Islam, going to protect Islam? Or will he stand neutral and not helping the enemies of Islam?

And is he going to leave inviting the others to his new religion secretly or publicly? Specially in this time where the enemies of Islam are supporting any person or group being against this deen or something from it to make this saying true:”then leaving Islam quietly and individually and (that) the destiny of the doer of this, is not the killing but the freedom as long as his leaving has no threatening for the Ummah security”.

And our knowledgeable teacher, Dr. Yusuf Al Qardaawi disagreed tho he is taking sides with not killing the apostate who invites not the others to the religion which he apostatized from Islam to it, as follows:

He disagreed with making a little of the individual apostasy which said about it: “it is getting out of the deen and not rebelling against it” and he said:

(Definitely, the individual apostasy must be breasted and tied to not become worse and its sparks fly to become collective apostasy (in groups) because the most of the fire is from the smallest sparks and also the scholars of Islam agreed unanimously on the penalty of the apostate even if they differed in defining it, but the majority agreed that it is the killing and it is the opinion of all the four rites no but the eight…)

Then he said: (the secret of the strictness in Al Murtad penalty and in confronting the apostasy that the Muslim community is based on the belief and faith, so the belief is the base of its identity and the heart of its life and the soul of its existence.

And for this no one is allowed to harm this base or to touch this identity and from here the declared apostasy was the greatest crime in the sight of Islam, because it is dangerous for the personality of the community and it moral existence and dangerous on the first necessity from the five necessities which Islam took care of , maintaining them by all of its statutory and ethical systems , and they are “ the religion, the soul, posterity, the sense and the property”, and the religion is the foremost cause the believer is sacrificing his soul , home and property for the sake of his deen.

And Islam doesn`t force any one to enter it or to leave his religion for another , cause the significant Imann (faith) which was out of the volition and satisfaction .
And Allah says in the Makki Qur`aan :

"So, will you (O Muhammad (peace be upon him)) then compel mankind, until they become believers. “

(Yunus, 99)


"أَفَأَنْتَ تُكْرِهُ النَّاسَ حَتَّىٰ يَكُونُوا مُؤْمِنِينَ"

سورة يونس,99


And in Al Madanee Qur`aan says:

“There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path. “

(Al Baqarah, 256).

"لَا إِكْرَاهَ فِي الدِّينِ ۖ قَدْ تَبَيَّنَ الرُّشْدُ مِنَ الْغَيِّ ۚ"

سورة البقرة ,256

But he doesn`t agree to make the deen as a game, joining it today for those who want to enter it and then leaving it tomorrow, as the way of some Jewish who said:

"Believe in the morning in that which is revealed to the believers (Muslims), and reject it at the end of the day, so that they may turn back.”

(Aal Imraan, 72)


" آمِنُوا بِالَّذِي أُنْزِلَ عَلَى الَّذِينَ آمَنُوا وَجْهَ النَّهَارِ وَاكْفُرُوا آخِرَهُ لَعَلَّهُمْ يَرْجِعُونَ "

سورة آل عمران ,72

(the end)

[the reference: Al Islam ala Atareeq].

And we say for those who see no harm in the individuals’ apostasy on the others and there is no mockery at the deen from them:

“How would it be the feeling of the apostate parent, the feeling of his brothers, sons, wife, family, neighbours and friends, and the feeling of each Muslim knew about the leaving of a member of his Ummah from its belief and religion? Are they going to make a party for him celebrating his apostasy? And if the apostasy wasn`t a mockery of Allah`s religion, then what is the mockery? Is Islam a stadium or a cinema, where everyone has the right to carry a card on his chest for entering them and getting out of them whenever he wills?

Then we say once again :” we didn`t see an apostate leaving Islam quietly as some writers said, with the exceptness of those ignorant who went astray by those who call for Christianity in the jungles of Africa and the forest of Borneo , and even those if the family or the tribe senior apostatized , his followers follow him , but those who declaring their apostasy and disbelieving in Islam ,become beside their apostasy ,inviters to what they converted to from a corrupted religion or biased to its institutions mocking at Islam ,its people, ceremonies(rites) and scholars , taking all the available ways to spread their thoughts (wrong concepts)and offensive on this religion.

Second daleel: from their proofs that the messenger peace and blessings of Allah be upon him didn`t kill anyone from the hypocrites who disbelieved after being Muslims while he knows about their disbelief and someone described him (the prophet) of injustice (far be it from him peace and blessings of Allah be upon him) and in the hadeeth of Abdullah bin Masood may Allah be pleased with him , said:

On the day of Hunain, the Messenger of Allah (may peace be upon him) showed preference (to some) People in the distribution of the spoils. He bestowed on Aqra' b. Habis one hundred camels, and bestowed an equal (number) upon 'Uyaina, and bestowed on people among the elites of Arabia, and pre. ferred them) (to others) on that day, in the distribution (of spoils). Upon this a person said: By Allah, neither justice has been done In this distribution (of spoils), nor has the pleasure of Allah been sought in it. I (the Narrator ) said: By Allah, I will certainly inform the Messenger of Allah (may peace be upon him) about it. so I came to him and informed him about what he had said. - The colour of his (the Prophet's) face changed red like blood and he then said: Who would do justice, if Allah and His Messenger do not do justice? He further said: May Allah have mercy upon Moses; he was tormented more than this, but he showed patience.

[Sahih Muslim (739/2),Sahih Al Bukhari (1148/3)].

Their reasoning in taking this hadeeth as a proof:

That the man described the messenger peace and blessings of Allah be upon him with injustice and makes him a disbeliever and in spite of this, he didn`t (the prophet) order of executing (killing) him, and this is a proof (an evidence)that the apostate from Islam doesn`t get killed and if killing him is obligatory then the messenger peace and blessings of Allah wouldn`t leave him.

Ibn Hajar may Allah have mercy on him answered on that:

Leaving killing him was for the reconciliation and also he endowed two new converted to Islam with the gift to reconcile them, and Ibn Hajar brought out two hadeeths for Abi Sa`eed Al Khidiri may Allah be pleased with him. One of the hadeeths brought out by Attibaraanee and there is an addition at the end of it :” then he slurred from that man ,so he left, then the prophet peace and blessings of Allah be upon him asked about him and had been searched for him but they didn`t catch him” Al Haafith said:”and its attribution is good”

and the Imaam Ahmad brought out the second hadeethand in it the messenger peace and blessings of Allah be upon him ordered some of his companions to kill the man then they found him praying in humility, so they hated to kill him for that, then he said:” this man and his companions read Qur`aan but it would not go beyond their collar bones and they would pass clean through the religion just as the arrow passes through the prey then they would never come back to it.” And this is the text of what Al Haafith mentioned may Allah have mercy on him:

CAUTION:

It was reported from Abi Sa`eed Al khidiri another story about Al Khawarij (dissenter) and in it what differs with this narration and that in what Ahmad brought out with a good attribution from Abi Sa`eed, said:

Abu Baker came to the messenger of Allah peace and blessings of Allah be upon him and said:

O Allah`s messenger I passed by the valley so and so and found a pious man praying in it.

he said: (go to him and kill him.)Then Abu Baker went to him and when he saw him praying, he hated to kill him so he returned.

Then the prophet peace and blessings of Allah be upon him told Umar :( go and kill him) he went there and saw him at the same state, then he returned .

then he (the prophet) said: (O Ali go and kill him), Ali went there but he didn`t see him, then the prophet peace and blessings of Allah be upon him said:

“This man and his companions read Qur`aan but it would not go beyond their collar bones and they would pass clean through the religion just as the arrow passes through the prey then they would never come back to it ,kill them, they are the worst of creatures” and there is an evidence for this from Jabir`s hadeeth which brought out by Abu ,kill them, they are the worst of creatures” and there is an evidence for this from Jabir`s hadeeth which brought out by Abu Ya`laa and its narrators are reliable (trustworthy).

And we may gather, that this man is the first person and his second story was followed in sequence from the first one and the prophet peace and blessings of Allah be upon him had gave the permission of killing him after preventing it from him because of the disappearing of the prevention reason (excuse) and it is the reconciliation, as he dispensed with him after the spreading of Islam , just as he prevented from praying on those who imputed to hypocrisy after they were subjected to the( same ) rules of Islam (as for Muslims) before that.

---------- Post added at 03:21 PM ---------- Previous post was at 03:14 PM ----------

Originally Posted by Umm Sufyaan

just a little suggestion that when you finish translating it and put it as PDF (im assuming that u are?) don't forget to secure it (i dont know that exact term) so that noone comes along and tries to distort it.

btw, a biography of the shikh/author would be good as well.

in shaa Allah my dear precious sister . jazaki Allahu Jannat Al Ferdaws Al aaalaa with out being reckoning and all muslims Ameeeeen

[Aayah]

Bismillah Arrhman Arraheem.....


continued to sister Amat Allah part.



As If Abu-Baker and Ummar held the first forbidden to kill those who pray and justified it because of praying.

Then it had been found in Maghazi Al Amawi from Asho`abi mursal(dropped hadeeth :A Hadeeth in which a Tabi’ee directly quotes from our prophet Muhammad salla Allahu Alyhi wa sallam, dropping the Sahabi (companion) from the chain.)In some out of the story (then he called some men and bestowed on them , then a man stood up and said: you are distributing (of spoils),but we do not see justice , he( the prophet) said :(then no one would be fair (just)after me) then he called upon Abu Baker and said:( go and kill him) he went after him but he didn`t find him, then (the prophet ) said:(if you killed him, I would hope that he would be the first and the last of them).
[Fath Al Bari (2299-298/12).

The third proof: From the Sunnah, a Bedouin gave the Pledge of allegiance to Allah's Apostle for Islam. Then the Bedouin got fever at Medina, came to Allah's Apostle and said, "O Allah's Apostle! Cancel my Pledge," But Allah's Apostle refused. Then he came to him (again) and said, "O Allah's Apostle! Cancel my Pledge." But the Prophet refused Then he came to him (again) and said, "O Allah's Apostle! Cancel my Pledge." But the Prophet refused. The Bedouin finally went out (of Medina) whereupon Allah's Apostle said, "Medina is like a pair of bellows (furnace): It expels its impurities and brightens and clears its good.

[Sahih al-Bukhari, Vol. 9, #318]

The Imam Nawawi explained the word ينصع which is pronounced as "yansa3" means clears that it means only those who have a clear sincere faith stay at Madinah, others have to leave.

The proof that resulted from the previous Hadeehth

This man asked the prophet peace be upon him to cancel his Pledge and this considered as apostasy, even though the prophet didn't kill him because he left Islam not rebelled against Islam.

The person who considers the proof said: "All texts and proofs that we will mention in fifth point prove the difference, the Death penalty is only for whoever rebel against Islam and meant insulting and messing with the religion or the safety of the Ummah and the system of the government. Also, its considered as a criminal again the regulations of the ruling system in countries and rebelling against the teachings of the religion that the Ummah embraced. This is considered on those days as "greatest disloyalty" that is forbidden according to all regulations, laws, and constitutions and this punishment was not limited only to the country that ruled according to the religion teachings".

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I see this proofing is far way from truth for four reasons:

First: It seems that this Bedouin asked the prophet peace be upon to allow him to leave Madinah and he couldn’t bear with sick he got there because of his weak faith but he didn’t ask for canceling his Pledge of Islam, and this is what the majority of scholars understood and the explainers of Hadeeth.

Imam Nawawi may Allah have mercy on his soul said:

"The scholars said: the prophet peace be upon him didn't cancel his pledge since its not allowed for the one who embraced Islam to leave it, neither to who migrate to live with the prophet peace be upon him to get back to his home country

They said: this Bedouin was among those who migrated to Madina and gave the prophet the promise to live with him".

Al-Qadi said: It's possible that the pledge of this Bedouin was after the conquest of Macca which means when the migration to the prophet was not an obligation anymore, which also means that the pledge of this man was on Islam (not in living in Madinah) and the prophet didn’t cancel his pledge, and the first one is the correct one.

[Commentary of Sahih Muslim by Imam al Nawawi (9/155-156)]



In the explanation of Al-Hafiz to this hadeeth he said: "Bin-Attin the prophet peace be upon him refuse to cancel the Bedouin pledge because he –the prophet- doesn’t help on doing a haram thing since the troth at the beginning of Islam was on staying at Madinah and don’t leave it without the permission of the prophet"

Bin-Attin said: the migration to Madinah was an obligation (fard) on any Muslim before the conquest of Macca, but those who didn’t migrate to Madinah were not adherent to Muslims according to what was has been stated on Quran:

[والذين آمنوا ولم يهاجروا ما لكم من ولايتهم من شيء حتى يهاجروا﴾ [الأنفال: 72)

"And those who believed but did not leave their homes, ye have no duty to protect them till they leave their homes" [Al-Anfal: 72]

After the conquest of Macca the prophet peace be upon him said: (No migration after the conquest) from this hadeeth its indicated that the pledge of the Bedouin was before the conquest of Macca.

[Aayah]

Ibn Muneer said: the hadeeth seemed to fault whoever left Madina and it’s a controversial matter since many of the Sahaba (prophet's ) left Madinah and went to many other countries and the same was with those who came after Sahaba. The answer here is that the one who is faulted is whoever left Madinah without permission as the Bedouin did.

As for those companions of the prophet that left Madinah, they left for acceptable reasons such as spreading the knowledge and the message of Tawheed in different countries, keep watching the borders of the Islamic country and go for Jihad. Even though, those companions were believe in the ruling and the virtue of staying at Madinah [Fatah Al Bari(200/13)]

Al Hafidh said in the explanation of Bukhair narrations: (…then he (the Bedouin) gave the Pledge of allegiance to Allah's Apostle for Islam. Then the bedouin got fever at Medina, came to Allah's Apostle and said, "O Allah's Apostle! Cancel my Pledge…) it seems that the Bedouin asked for canceling his pledge of Islam. Iyadh had emphasized that assumption as well and some others said: the Bedouin asked leaving the Madinah and cancel his pledge of staying at Madinah otherwise the prophet would kill him for his apostasy. [Fatah Al Bari (97/4)]


Second: what has been mentioned in the story of Mu'ad and Abu Musa Al Ash'ari may Allah be pleased with them when Allah messenger sent them to Yemen, "Mu'ad visited Abu Musa he saw a man tied up, Mu'ad asked: "what is this?" Abu Musa answered: "a Jewish man embraced Islam and then apostatized". Mu'ad said: "By Allah! I will hit his neck"" [Sahih Bukhari, (4088)]

And in another narrations he said: "I will never even sit down on a cushion until this man is put to death. (This is) the verdict of God and His apostle." [Musannaf (classifiers) of Ibn Abu Shaibah (562/5)]

The word " قضى" "judge" means that killing of apostate is a verdict ruling that the ruler has to take and not just as a way of censure as some contemporary writers claimed.

This is a case of a Jewish man left Islam and there is no where in the hadeeth mentioned any other reasons for killing him but his apostasy, and if the apostate was not killed if he is only left Islam instead of leaving it and rebelling against it, we will find Abu Musa and Mu'adh may Allah be pleased with them mentioned that in the previous hadeeth.

Third: General Sahih Ahadeeth that had been reported about killing apostasy after his conversion. The prophet peace be upon him said: (whoever change his religion kill him) and also: (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: ……….. and the one who reverts from Islam (apostate) and leaves the Muslims)

(Sahih Bukhari, volume 9, Book 83, Number 17)

So when a Muslim changes his religion and leaves Islam is an enough reason for killing him as it stated in the previous Ahadeeth, and if there was something else need to be added to the apostasy (like rebellion against Islam) we will find that on the Hadeeth or in the ruling of Islam because the Shari'ah of the all mighty Allah cant be reasonless like this.


Third: If we supposed that the Bedouin asked the prophet to cancel his pledge of Islam as Al-Qadhi Iyadh assured then this man have to be considered like one of those hypocrites that the prophet Mohammed peace be upon him stopped killing them and treated them as he treated the rest of Muslims. In addition, the man didn’t announced that he left Islam but he only left Madinah without the permission of the Messenger peace be upon him who said: "lest the people say that Muhammad kills his companions". Volume 006, Book 060, Hadith Number 430.


The forth proof: A mental proof where the scholars had agreed upon having the free well is a condition for valid conversion to Islam, so it’s a condition for anyone whether it was his first time to convert to Islam or he apostatized before and wanted to come back again to Islam. Hence the conversion of an apostate by force is un-valid and the same thing apply to the one who had been never converted to Islam before, because his conversion to Islam will be nullified without any use and cant survive the person from the punishment of Allah exalted he, hence its just a mess to force him to convert from the beginning.

The answer to this proofing is: ﴿قُلْ أَأَنْتُمْ أَعْلَمُ أَمْ اللَّهُ﴾ [(140) البقرة]

(Say: Do ye know best, or doth Allah?) [Al Baqarah: 140]


When the apostate pretend that he is a Muslim and still live with his family and within his Islamic society in mosques, gathering events, attending preaching lessons that may touch an emotion he already felt when he was a Muslim. That might lead his mind to rethink again and compare between the Islam and the new religion that he embraced, hence his Iman (faith) will grow stronger till he returned back to the true faith which will be steadfast in his heart. His Iman may even surpass the Iman of other Muslims.

Unlikely, if he moved to the people of the new religion and interact with them, he will get the happiness and joy from them for his apostasy. They will encourage him to keep steadfast and keep going on their religion. They may even allure him with good jobs, money, desires; suspicions that will make him keep prolong his apostasy and advocate the people of the new religion. This is what we see in reality when any apostate goes to the people of the new religion.

We know that the majority of Shari'ah rulings are clear in its foresight and advantages, and there are only few that we are not aware of the wisdom behind it. Therefore, we accept it while submitting to Allah exalted he in his ruling because we know that our religion is the truth. What we mentioned here is show us some of wisdom behind killing the apostate and force him to return back to Islam, if we supposed that what we mentioned is not true and we couldn’t get the wisdom behind it then we have to fully submit to Allah's ruling and what has been approved by the sunnah of his messenger which is a revelation like Quran except that we worship Allah by reading (reciting) the Qur`aan, unlike the Sunnah.

[Aayah]

The fifth proof: The one who is forced to return back to Islam will be still holding his new faith, so pretending that he is a Muslim is hypocrisy which will lead to having many hypocrites within Muslims rows. They will follow Muslims weaknesses and spy for Muslims' enemies, so isn’t it better to show their kufr so Muslims will be careful of them?

The answer to this is that the Muslims Ummah is not free of hypocrites in its raws since the ages of the prophet peace be upon him till our days, so this will continue to happen but we don’t give up Allah guidance to any hypocrite among Muslims as mentioned above.

Some hypocrites may repent and Allah accepts their repentance and Islam. Abu Atie'a Al-Andalusi may Allah have mercy on his soul said:

"It has been narrated that Al-Jalas repented of his hypocrisy and said:"Allah had left the repentance door opened for me" and he admitted and was sincere in his repentance" [Al Muharer Al Wajeez fi Tafseer Al Kitab Al Aziz (61/3)]



If it was allowed for Muslims to leave their religion to other religions we would see a lot of apostates that will lead to weaken the Ummah and its religion and prestige because anyone feel weakness in his religion may announce his apostasy.

The staying of those who are weak in their faith or those who may show some features of hypocrisy among Muslims is better for him and for the Ummah than announcing his apostasy. Because it may lead those weak Iman holders and those who hold some hypocrisy features to get their Iman stronger and die on Islam, and the emotion of Iman may surpass the hypocrites features and survive from the eternity in the hell fire. They will stay within Muslims increasing the number of them and keep living with them contributing in Taqwaa and philanthropy in Muslims society with the least amount of Iman they have. Even if its supposed that they will not cooperate with Muslims, they will still avoid cooperation with Islam enemies because they are still belong externally to the Muslims community….

In General, most of Muslims countries are not free of non-Muslims residents where Muslims have to be careful about them and what they may be planning. In most cases, hypocrites can show some features of their hypocrisy when Muslim live with them. Therefore, its better for Muslims to be cautious of them as they will be of non-Muslims. Non-Muslim countries tend to induct many Muslims to spy for them and many of those spies are not exposed to others until they finished and completed their spying missions.

If the weak Iman holders in Muslim countries know about that the punishment of apostate is death if he didn’t repent then they will rethink about their situations again before announcing their Kufir and put themselves in troubles. While most of those who announce their Kuffir and apostasy go and join the people of the new religion and cooperate with them against the people of their own (old) countries because they know that they will be safe of the death punishment.



The sixth proof: the Ahadeeth of killing apostasy are reports of Ahaad (Ahadeeth that had been narrated by one narrator only), and the proofs of not forcing the apostate to enter Islam are from Quran and the Quran is Mutawater so it has to be taken over the reports of Ahaad.

And the answer is from more than one view:

The first view: we don't prefer the mutawater over Ahaad unless there was an obvious conflict between them where we cant take them all together. So, here we could take them all and it is to give the precedence for the particular rule (Ahaad) over the general one (Mutawatter), and this ruling has been already discussed in the subject of Al Khawarej and Al Mu'tazelah.

The second view: the majority of Shar'i rulings were not transferred through tawattur but through Ahaad, and if we see a Muslim doubting the reports of Ahaad we will end up losing most of the Shar'i rulings. So, we don't consider this way except when there is an obstinate confliction of the gathering or the abrogation exists.


The third view: the Imams of Islam refused this course strongly in a way to refute whoever uses it to justify denying many of constant rulings without any acceptable reason. Imam Shafi'ie may allah have mercy on him was one of those Imams, he said in his book "Ar-Resala":

Imam Shafi'ie may Allah have mercy on him mentioned from the proofs of accepting the ahadeeth of Al Aa`haad, the hadeeth of Ibn Mas'ood may Allah be pleased with him, he said: "and when someone said: mention the proof that proving (the soundness of) the report of Al Waa`hid by the text of its report or an indication in it or an unanimously agreement.

then I said: Saufyaan had narrated from Abdullmalik Bin Umair from Abdurrahman bin Abdullah bin Mas`ood from his father that the prophet said: May Allah bless a slave who heard my saying, memorized it, understood it and worked according to it. There might be a carrier of fiqh(knowledge) but not a faqeeh(a scholar), and there might be someone carrying fiqh to someone who is more knowledgeable than him, three which won`t fill the heart of a Muslim with hatred: worshipping Allah sincerely, advising the Muslims, Staying with them in their community as their prayers surrounding them (as protection)from behind ,and when the messenger of Allah delegated to the Imru`a (person) the listening for his saying, memorizing it and carrying it out and the Imru`a is one person ,that proved that he (the prophet)is not ordering him to carry out anything from him but on what the proofs has been demonstrated, because what is carried out from him (the prophet) would be something permissible , or something forbidden which must be avoided or a punishment which must be carried out or money which must be taken or given or an advice in the religion and this life " [ Arrisaalah (410/1)-403]



Then he said: "Sufyyan told us that Salem Abu Annadranah told him that he heard Ubaidellah bin Abi Rafi'i narrated from his father who said: the prophet said: ( I don't want to see one of you leaning on his couch hearing my rulings of which I ordered or forbid and then said we don't know, we only follow what we found in the book of Allah), Imam Shafi'ie mentioned in his book the arguments [from page 369 to page 471] examples from Quran and Sunnah and other schools of the Ummah scholars (Madahib) that all prove the obligation of considering the ahaad ahadeeth at the time of the prophet, and those how came later until the time of Imam As-Shafi'ie himself may Allah have mercy on his soul. He also mentioned many of those arguments in his book "Al-Umm""


The scholars of Ummah narrators and jurisprudents and some others still think of the obligatory of considering whatever authorized from the prophet peace be upon him whether it was mutawater or not.

and from whom brought out this hadeeth Al Haakim [ Al Mustadrak Ala Assaheehayin, and he said: and it is a correct hadeeth according the condition of the two shaikhs (Bukhari and Muslim) but they didn't bring it out" (190/1) and Abu Daa`wood in his Sunan(200/4)and others, and we must accept the correct hadeeth as accepting the Qur`aan and take the way of connecting(gathering) between what showing the discrepancy , and who doesn't see the connection must leave it to someone who does.

This and our knowledgeable scholar, shaikh Muhammad Al Ameen Ashanqeeti may Allah have mercy on him, in “Muthakiraat Usool Al Fiqh “which we studied on his hand in the college, considered more probable that the report of Al Aa`haad is supposed as for the truth, means the matching between the report and the reality of the same matter, and definite as for carrying it out.

He said: “what appears for me is to inquire into this matter and Allah the most Gracious the most High knows the best. So the report of Al Aa`haad which doesn't reach the level of Al Mutawaatir is taken by two ways: one of them is a definite way and the other one is supposed.

It considered waajib( an obligatory)as for carrying it out and it is definite from this side because carrying out the reports for an example is definite , mentioned in the Quran and Sunnah and the Muslims agreed unanimously that it is the reports of Al Aa`haad.

And the consideration of the other side: is what they reported match with the reality of the same matter?

So if we killed a man as a punishment with the testimony of two men then killing him is definite legally and there is no doubt in it, but the honesty of the two witnesses in what they had reported of the same matter is supposed and not definite because they are not infallible.

This is clarified in the hadeeth Narrated by Um Salama:

Allah's Apostle said, "I am only a human being, and you people (opponents) come to me with your cases; and it may be that one of you can present his case eloquently in a more convincing way than the other, and I give my verdict according to what I hear. So if ever I judge (by error) and give the right of a brother to his other (brother) then he (the latter) should not take it, for I am giving him only a piece of Fire." (See Hadith No. 638, Vol. 3).

The prophet considered in his verdict what he is sure about, even though, he is not very sure about something as it stated in the hadeeth (when he said that he is only a human being) [Muthakirah fi usool al fiqh 116]

[Aayah]

The seventh proof: Quran didn’t mention the punishment of the apostate in life (dunya), rather mentioning his punishment in the hereafter (akhira), as it was mentioned here:

﴿وَمَنْ يَرْتَدِدْ مِنْكُمْ عَنْ دِينِهِ فَيَمُتْ وَهُوَ كَافِرٌ فَأُوْلَئِكَ حَبِطَتْ أَعْمَالُهُمْ فِي الدُّنْيَا وَالآخِرَةِ وَأُوْلَئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ﴾ [البقرة (217)]

And whoso becometh a renegade and dieth in his disbelief: such are they whose works have fallen both in the world and the Hereafter. Such are rightful owners of the Fire: they will abide therein. [2:217] and some other ayaat talked about the same issue. If there was a punishment for the apostate in Dunia (life) then the Quran won't ignore that, so lets follow the Quran on that and don’t punish him.


And I don’t know whether those wanted to disrupt every authenticated Hadeeth of the prophet peace be upon him that was not mentioned in both Quran and Sunnah at the same time or Quran didn’t mention its ruling. They didn’t accept the rulings of Sunnah that had not mentioned in Quran. What is the benefit of Sunnah if its ruling will be disrupted when they were not mentioned in the Quran?



The eighth proof:That the door of ijtihad is open and whoever has the capability of doing the ijtihad can disagree with those who came before him (previous scholars) even if there was ijma (general agreement) based on the educing from the Book of Allah and the Sunnah of his messenger and consider the correct estimation among them.

We are not limiting those who are qualified to do ijtihad if they can, and we don’t say: the first didn’t leave anything for the last, but we say: the first left a lot for the last. But the ijtihad is invalid if it contradicts a valid authenticated proof like this case we are talking about (the apostasy) where there are a lot of authenticated Ahaadeeth supported it, the practicing of it had been confirmed, and the Ummah had agreed upon it.


The human intelligence should stop on where the Shar'ie proof stopped, otherwise it will just go astray without knowing.[I have explained the intellect scope and its limits to play around in my book "the race to minds" and its printed recently in Dar Ibn Hazem in Beirut]

Lets get back to Imam As-Shafi'ie may Allah have mercy on him who cared to stress through all his books and dialogs on bonding to the Sunnah of the prophet peace be upon him and consider going against it as a clear infringement. He said:

"And if anything had been narrated and authenticated from the messenger of Allah then it’s become an obligation for everyone knows about it to not strengthen it, or weaken it. It’s a must on people to follow it, and no one can go against it" [Ar-resala: 330/1]

There is no doubt that any Ijtihad contradict the an authenticated text is invalid, and any estimation (qiyas) go against it is abusive.



The ninth proof: for those who consider this proof, they consider what the prophet said in the previous Hadeeth:

(والتارك لدينه المفارق للجماعة)

"The one who reverts from Islam (apostate) and leaves the Muslims)"

And he considered the one who reverts from Islam(التارك لدينه) to be the one who leaves the Muslims (المفارق للجماعة) and mean to harm the Muslims community not only leave the religion.

And he supports his proofing by what he already said:

"So "Leaving Islam" in individual form is not mocking the religion and not threatens the Ummah and its religion. Also, there is no intention here to mess with Muslims feeling and practicing but its only coming from the un-satisfaction of the apostate on Islam and being more satisfied of another religion. So, the apostate in this case leave Islam on peace in individually, and the death become not his destiny or punishment, but he has the freedom to stay out of Islam as long as he is not a threat to the security of the Ummah"

He said: "this Hadeeth clarifies what we already say(…..the one who reverts from Islam (apostate) and leaves the Muslims), so the sentence ("….the one who leaves the Muslims") it means the separation from the community and intends harming it. So leaving the religion only is not a reason for shedding blood, it has to be associated with leaving the Muslims group as well. Imam Ibn Hajr mentioned in his book "Fath Al-Bari" from Imam Al-Qurtubi what he said: "it seems that the sentence (…leaves the Muslims) is a description for the one who leaves his religion", so the apostate is described as the one who leaves his group of people not only leaving his religion." Ended.

And what is right is that the description ("......the one who leaves the Muslims") is an Kashif (means that this description is always exist in the described thing and it is mentioned to help the addressee to understand and ,it doesn't effect on the rule means if we deleted it, it won't change the rule), which clarifies the status of the one who apostatize and not a separated description. That is what the investigators scholars prefer and considered.

Ibn Daqeeq Al-Eid: May Allah have mercy on him clarifies that meaning ("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.) So the one who leaves Muslims is the one who leaves the group of Muslims, and it has been agreed among the scholars that leaving the group of Muslims by apostasy is a reason for shedding the blood of the man…." [Ihkam Al-Ahkam (83-84/4)]

Al Hafid may Allah have mercy on his soul said: "what was meant by group is the group of Muslims or Muslims community, and leaving means leave them by his apostasy, so it’s an adjective for the one who leaves and part their company not a separated description, otherwise there will be four features mentioned in that Hadeeth, when the prophet said: (a Muslim who confesses that none has the right to be worshipped but Allah) and its limited for the Muslim since he can't be a Muslim without that confession.

And what I said is supported by what was mentioned in the Hadeeth of Uthman: (or disbelieve after his conversion to Islam) narrated by An-Nesa'I with a Sahih sanad, and in another narration for him: (apostatize after his conversion to Islam). Also, it has been narrated from Amro Bin Ghaleb from Aisha: (or disbelieve after he converted to Islam)

And another Hadeeth for Bin Abaas narrated by An-Nesa'ie: (an apostate after Iman)"

Bin Daqeeq Bin Al-Eid: "It has been agreed that the apostasy is a reason for shedding the blood of the Muslim" [fath Al-Bari (201-202/12)]

Abu Al-Alaa Al-Mubarak Faozi may Allah have mercy on him said: (who reverts from Islam (apostate) and leaves the Muslims): "means the leaving of the one who leaves, and the one he leaves the group is a description resulted from the one who reverts from his religion. In other word, he is the one who parts the company of Muslims and leaves them and separated from them by his apostasy which is going against Islam by speech, by action, and by belief and it’s a must to kill him if he didn’t repent" [Tohfat Al-Ahothi (547/4)]

Shams Al-Huqq Al Adeem may Allah have mercy on him said: (leaves the Muslims): "means he is the one who parts the company of Muslims and leaves them and separated from them by his apostasy" [Awn Al-Mua'bood (5/12)]

Al-Bujairimi Al faqeeh As-Shafi'ie may Allah have mercy on him said:

"And he said: (the one who leaves المفارق) is an emphatic attribute for the one who leave, and what is meant by the group is the group of Muslims, so the one leaves his religion is the one who leaves the group"

It’s a way of Ta'aseesi (means the opposite of a Kashif description where deleting the attribute do matter in the meaning of the rule and affect it)because the one who leaves his religion may not leave his group like the Jewish or the Christian if they reverted to Islam they don’t leave their communities but stay with them and interact within them. Considering Ta'asees is preferable over considering emphasizing [Shubri] and its far from considering because the Hadeeth is only including the Muslim case not anyone else [Hashiyat Al-Bujairimi on the book of Al-Iqna'a for Al-Maroodi (129/4)]

And among those contemporary scholars who emphasized that it’s a Kashif description is Dr. Yusuf Al Qaradawi who said:

"The word of "Leaves Muslims المفارق للجماعة" is a Kashif description not a Munsha'a description (the same as the Ta'aseesi meaning), so each apostate leaves his group"

Source: Islam Online ������� ��� �������� -

And if the scholars of Muslims had agreed in the past and the present of killing the apostate, except those who sported –the questioning in the disagreement authenticity will come later- and all of them are holding the opinion that says that "the one who leaves the Muslims المفارق للجماعة" is an obvious description not a Munsha'a one, because if they understood it as an invented one then they wouldn't agree upon the apostatizing to be an enough reason for killing the apostate, and they will request the two descriptions (apostatizing and leaving Muslims) to be fulfilled for anyone deserve death punishment…

[Aayah]

The tenth proof: That the prophet peace be upon him didn’t kill any of the apostates at his time, where some of them were known of being hypocrites like Abdullah Bin Ubai.

The answer here is from three views:

The first view: its enough for us the obvious order of the prophet in killing the apostate, and we already mentioned the related Ahaadeeth to that.

The second view: when the prophet ordered to kill Um-Marwan when she apostatized if she didn’t repent. As it came in the Hadeeth of Jaber that a woman called Um-Marwan apostatized, the prophet peace be upon him ordered that she must be invited again to Islam but if she didn’t return back then she must be killed.

The third view: that the prophet peace be upon him was nice to people so they enter Islam and he was fearing if the people heard that he killed the hypocrites -who showed and pretended to be Muslims- that those people may dislike entering Islam. That’s why he refused killing those hypocrites whenever his companions came to him and ask for his permission to kill them like Umar Bin Al-Khatab who asked the prophet his permission to kill the head of hypocrites "Ubdullah Bin Ubai" and the prophet refused but said: (Leave him, lest the people say that Muhammad kills his companions). The companionship meant here is the pretended companionship that the hypocrites show when they interact with Muslims.

Its well known that the hypocrites don’t announce that they left Islam, they showed some features that indicated their hypocrisy. Those features were not considered when they pretended to be Muslims, even though, their pretension was only a way to protect themselves from being treated by Muslims like the unbelievers (Kuffar) as Allah exalted he said:

﴿إِذَا جَاءَكَ الْمُنَافِقُونَ قَالُوا نَشْهَدُ إِنَّكَ لَرَسُولُ اللَّهِ وَاللَّهُ يَعْلَمُ إِنَّكَ لَرَسُولُهُ وَاللَّهُ يَشْهَدُ إِنَّ الْمُنَافِقِينَ لَكَاذِبُونَ اتَّخَذُوا أَيْمَانَهُمْ جُنَّةً...﴾
[المنافقون (1، 2)]

(When the hypocrites come unto thee (O Muhammad), they say: We bear witness that thou art indeed Allah's messenger. And Allah knoweth that thou art indeed His messenger, and Allah beareth witness that the Hypocrites indeed are speaking falsely. (1) They make their faith a pretext)

[63:1-2]

And it has already mentioned on details the way that the prophet peace be upon him interact with the hypocrites.

Whatever entered to Islam is considered as a contract that should be respected and fulfilled:

﴿يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُود﴾
[المائدة:1]

O ye who believe! Fulfil your undertakings

[5:1]

[al-boriqee]

shaykh salman al-forumiyyah

can you upload the wrod file of this arabic work here cuz that link to saeed books don;t work for me wllahul-alim

[Amat Allah]

Who is seeing (holding the view of) not killing the apostate under any circumstances and his reasoning of taking this as a proof:

It is found in this time who wants to dispense with killing the apostate no but believing in not punishing him at all, then they say: that, that is inconsistent with what the Noble Qur`aan contained from the inhibition of the compulsion on the religion ( of Islam) . As Allah Ta`aala says:


"لَا إِكْرَاهَ فِي الدِّينِ ۖ قَدْ تَبَيَّنَ الرُّشْدُ مِنَ الْغَيِّ ۚ (256)
سورة البقرة

[256] There is no compulsion in religion"

Surat Al Baqarah

Adding to that , what is known that preventing someone who wants to change his deen to another from the religions and forcing him to stay on his deen which he has no confidence or faith in it, it would cause hypocrisy and the increasing of the hypocrites among the Muslims.

And we reply on those suspicious with the following matters:

First: that the real freedom is not exist but in Islam, which defined only One God and he is Allah The Possessor of the kingdom who wanted for human to be freed from every deity except him and to make his entire life ,,his manners and return to Allah and not to someone else as Allah says:

قُلْ إِنَّ صَلَاتِي وَنُسُكِي وَمَحْيَايَ وَمَمَاتِي لِلَّهِ رَبِّ الْعَالَمِينَ (162لَا شَرِيكَ لَهُ ۖ وَبِذَٰلِكَ أُمِرْتُ وَأَنَا أَوَّلُ الْمُسْلِمِينَ (163
قُلْ أَغَيْرَ اللَّهِ أَبْغِي رَبًّا وَهُوَ رَبُّ كُلِّ شَيْءٍ ۚ... (164

سورة الأنعام

[162] Say (O Muhammad (peace be upon him)) "Verily, my Salât (prayer), my sacrifice, my living, and my dying are for Allâh, the Lord of the 'Alamîn (mankind, jinn and all that exists). [163] "He has no partner. And of this I have been commanded, and I am the first of the Muslims." [164] Say: "Shall I seek a lord other than Allâh, while He is the Lord of all things?...”

Surat Al An`aam

And the Muslim who is worshipping The Only true God (Allah) got a method guiding him to what benefit him in this world and in the hereafter, and preventing him from wronging and harming the others.

But who leaves a religion where he worships one God in it to another religion where he worships many deities in it, cannot be free but a slave got snatched from one another by those deities, because he is worshipping the creatures of Allah from trees, stones, animal, Angels and Prophets instead of worshipping the Creator of those creatures. And also he is worshipping his whim which doesn`t stop him on a limit from the contrarieties which deprive him of the peaceful (secured) living, cause every time he takes some of the desires which his whim pushed him to take them, his soul would longing to take more so his desires will multiply because of the multiplicity of what his whim is liking then he won`t be pleased with any kind of food, drink, habitation, means of transport, halal( lawful )nor haram(prohibited).

And he has no approach to worship Allah by it, preventing him from wronging the others from humans, animals and doing mischief on the earth and no fame (high rank), position nor job, would make him satisfy.

And Allah Ta`aala had warned from the danger of the desire which followed by its follower without the guidance of Allah, so because he followed it, Allah named it a god worshiped without Allah, as Allah says:


أَرَأَيْتَ مَنِ اتَّخَذَ إِلَٰهَهُ هَوَاهُ أَفَأَنْتَ تَكُونُ عَلَيْهِ وَكِيلًا (43)

سورة الفرقان

[43] Have you (O Muhammad (peace be upon him)) seen him who has taken as his ilâh (god) his own desire? Would you then be a Wakîl (a disposer of his affairs or a watcher) over him?"

Surat Al Fur`qaan

Then which one is free? The one who is worshipping One God commanding him to do good which gathering for him the goods of this life and the hereafter and preventing him from doing evil to push away from him the evils and the harmness of this life and the hereafter? Or the one who is worshipping many deities, their orders are many and contrastive to him and also their contrastive preventions too, so his life will be disturbed in this world and he will get the greatest punishment in the hereafter?

Who is the free one? The one who is using the interests of this world (life) in worshipping his Lord (Allah) without enslaving him (the interests) nor enthralling him or the one who is a salve of this dunya?

As the prophet peace and blessings of Allah be upon him said:

“Let the slave of Dinar and Dirham, of Quantify and Khamisa (i.e. money and luxurious clothes) perish as he is pleased if these things are given to him, and if not, he is displeased. Let such a person perish and relapse, and if he is pierced with a thorn, let him not find anyone to take it out for him. Paradise is for him who holds the reins of his horse to strive in Allah's Cause, with his hair unkempt and feet covered with dust:if he is appointed in the vanguard, he is perfectly satisfied with his post of guarding, and if he is appointed in the rearward, he accepts his post with satisfaction; (he is so simple and unambiguous that) if he asks for permission he is not permitted, and if he intercedes, his intercession is not accepted."

[Sahih Al Bukhari (1057/3)]

Allah had given an example for the freedom of who worship One God and the slavery of who worship many deities with this clear and definite example:

ضَرَبَ اللَّهُ مَثَلًا رَجُلًا فِيهِ شُرَكَاءُ مُتَشَاكِسُونَ وَرَجُلًا سَلَمًا لِرَجُلٍ هَلْ يَسْتَوِيَانِ مَثَلًا ۚ الْحَمْدُ لِلَّهِ ۚ بَلْ أَكْثَرُهُمْ لَا يَعْلَمُونَ (29)

سورة الزمر


[29] Allâh puts forth a similitude: a (slave) man belonging to many partners (like those who worship others along with Allâh) disputing with one another, and a (slave) man belonging entirely to one master (like those who worship Allâh Alone). Are those two equal in comparison? All the praises and thanks are to Allâh! But most of them know not."

Surat Azzumar

And how many people got what they got from this dunya from money ,sovereignty, fame and property but in their reality they are captive salves , and how many people are deprived of all of these things nay, they might be captured slaves under the subdual of the enemies but still honored and free?!

And for this Ibn Taymiyah may Allah have mercy on him said: (…capturing the heart is greater (worse) than capturing the body and enslaving the heart is greater than enslaving the body , because who his body got enslaved and enthralled ,doesn`t care if his heart was at ease and confident to that no but he can make a trickery for the salvation , but if the heart (which is the king) was a slave for someone else than Allah then this is the humiliation and the absolute captivity…the freedom is the freedom of the heart and the slavery is the slavery of the heart ….- till he said: and also the seeker for the leadership and the superiority on this earth , his heart is a slave for whom helping him to get them and even if he was their leader and the obeyed one among them apparently ….he is an obeyed leader apparently but in reality he is an obedient slave for them..).

[Majmoo`a Al Fataawi (189-186/10)].

Second: preventing the Muslim from changing his religion to another is not a compulsion for him to enter the religion of Islam but to help him to stay on the truth and preventing him from joining the people of falsity (untruth) and in that ensuring the greatest interest for him in this life and in the hereafter and saving him from a certain loss and what greater loss than losing the Muslim for his religion which there is no deen on earth can be accepted from Allah and satisfying Allah but it:


إِنَّ الدِّينَ عِنْدَ اللَّهِ الْإِسْلَامُ ۗ وَمَا اخْتَلَفَ الَّذِينَ أُوتُوا الْكِتَابَ إِلَّا مِنْ بَعْدِ مَا جَاءَهُمُ الْعِلْمُ بَغْيًا بَيْنَهُمْ ۗ وَمَنْ يَكْفُرْ بِآيَاتِ اللَّهِ فَإِنَّ اللَّهَ سَرِيعُ الْحِسَابِ (19

سورة آل عمران

[19] Truly, the religion with Allâh is Islâm. Those who were given the Scripture (Jews and Christians) did not differ except, out of mutual jealousy, after knowledge had come to them. And whoever disbelieves in the Ayât (proofs, evidences, verses, signs, revelations, etc.) of Allâh, then surely, Allâh is Swift in calling to account.”

Surat Aal Imraan

وَمَنْ يَبْتَغِ غَيْرَ الْإِسْلَامِ دِينًا فَلَنْ يُقْبَلَ مِنْهُ وَهُوَ فِي الْآخِرَةِ مِنَ الْخَاسِرِينَ (85)

سورة آل عمران

[85] And whoever seeks a religion other than Islâm, it will never be accepted of him, and in the Hereafter he will be one of the losers.”

Surat Aal Imraan

إِلَّا الَّذِينَ آمَنُوا وَعَمِلُوا الصَّالِحَاتِ وَتَوَاصَوْا بِالْحَقِّ وَتَوَاصَوْا بِالصَّبْرِ (3( إِنَّ الْإِنْسَانَ لَفِي خُسْرٍ (2 ( وَالْعَصْرِ (1)

سورة العصر

[1] By Al-'Asr (the time). [2] Verily, man is in loss, [3] Except those who believe (in Islâmic Monotheism) and do righteous good deeds, and recommend one another to the truth (i.e. order one another to perform all kinds of good deeds (Al-Ma'ruf) which Allâh has ordained, and abstain from all kinds of sins and evil deeds (Al-Munkar which Allâh has forbidden), and recommend one another to patience (for the sufferings, harms, and injuries which one may encounter in Allâh's Cause during preaching His religion of Islâmic Monotheism or Jihâd)."

Surat Al Asr

Whom Allah Ta`aala blesses him with Islam and enjoyed by what it has (i.e Islam) from benefits, freedom, justice, equality, the heart confident and the mind comfort then disbelieving of that bless which nothing comes after it but the loss of the two homes (Dunya and Akhirah), is worse than the one who got interdicted because of his ignorant which makes him spend his money wastefully in the manner of a spendthrift which is not permitted by all the religions and the sound minds.

وَلَا تُؤْتُوا السُّفَهَاءَ أَمْوَالَكُمُ الَّتِي جَعَلَ اللَّهُ لَكُمْ قِيَامًا وَارْزُقُوهُمْ فِيهَا وَاكْسُوهُمْ وَقُولُوا لَهُمْ قَوْلًا مَعْرُوفًا (5)
وَابْتَلُوا الْيَتَامَىٰ حَتَّىٰ إِذَا بَلَغُوا النِّكَاحَ فَإِنْ آنَسْتُمْ مِنْهُمْ رُشْدًا فَادْفَعُوا إِلَيْهِمْ أَمْوَالَهُمْ ۖ ......(6)
سورة النساء (5-6)

[5] And give not unto the foolish your property which Allâh has made a means of support for you, but feed and clothe them therewith, and speak to them words of kindness and justice. [6] And try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to them……”

Surat Annisaa`a (5-6)

So, which one is more deserving to be interdicted and prevented, the little one and the ignorant who are wasting their money and also the distress which the government applied on the properties of the bankrupt individuals and companies ,are those worthier to be interdicted or who changes faith for disbelief:

وَمَنْ يَتَبَدَّلِ الْكُفْرَ بِالْإِيمَانِ فَقَدْ ضَلَّ سَوَاءَ السَّبِيلِ (108)

سورة البقرة

" And he who changes Faith for disbelief, verily, he has gone astray from the Right Way."

Surat Al Baqarah verse#108

And praise be to Allah who described whom turns away from the religion of Islam is who befools himself and he Ta`aala said:


وَمَنْ يَرْغَبُ عَنْ مِلَّةِ إِبْرَاهِيمَ إِلَّا مَنْ سَفِهَ نَفْسَهُ ۚ ... (130)

سورة البقرة

[130] And who turns away from the religion of Ibrâhim (Abraham) (i.e. Islâmic Monotheism) except him who befools himself?....”

Surat Al Baqarah

Ibn Katheer may Allah have mercy on him said:

(Allah says: “And who turns away from the religion of Ibrâhim (Abraham) (i.e. Islâmic Monotheism) except him who befools himself?....” meaning, who commits injustice against himself by deviating from the truth, to wickedness. Such a person will be defying the path of he who was chosen in this life to be a true Imam; from the time he was young, until Allah chose him to be His Khaleel, and who shall be among the successful in the Last Life. Is there anything more insane than deviating from this path and following the path of misguidance and deviation instead? Is there more injustice than this? Allah says:

(Verily, joining others in worship with Allah is a great Zulm (wrong) indeed) (31:13).

[Tafseer Al Qur`aan Al Atheem (186/1).

Third: That what is feared, that the ruling of the apostasy may cause hypocrisy, then the number of those who fall in hypocrisy would be very few, because the Muslims are satisfied and reassured of their religion and want no replacement. Although there might be a few numbers showing of the Imaan (faith) and hidding the disbelief but it would be easier than showing the disbelief after the Imaan.

And if defecting from the religion (Islam) to another has been allowed for the Muslims then the number of the apostates would increase and that increasing would make the Ummah weak then it would lose its prestige and the standing of its religion, because everyone who has weakness in his faith might declare his apostasy.

Remaining who has weakness in his Imaan on his faith would be more good for him and his Ummah than leaving his deen, because the faith which he has might get stronger and die on Islam then he will be saved from abiding in hell and remain increasing the number of Muslims and sharing them by helping one another in virtue and piety, to the degree of his faith, and if we supposed that he didn`t cooperate with the Muslims then pursuant to his belonging to the Muslims he will refrain from cooperate with their enemies against them.

And who shows Islam and hiding the disbelief (and he is the hypocrite), for the law of Shari`a, remains committed to the Shari`a and from what is obliged on him is the advising for the Muslims and not to cooperate with their enemies against them (Muslims) even apparently and he get punished legally for his violation (disobedience)…

And the hypocrites were exist in the time of the messenger peace and blessings of Allah be upon him and he treated them as treating the other Muslims based on what appears as before…

And when some of his companions took his permission to kill whom showed the hypocrisy from them, and from his companions Umar may Allah be pleased with him who took his permission to kill the head of the hypocrites “ Abdullah Bin Obai” he (the prophet) didn`t give him his permission but said to him:

( leave him to not make the people say that Muhammad is killing his companions) and the companionship here is the pretended companionship which the hypocrite use to mix with the Muslims (to make them treat him and live with him normally as treating and living with the other Muslims).

And they didn`t show Islam but to protect themselves to not being treated as the disbelievers as Allah Ta`aala says about them:


إِذَا جَاءَكَ الْمُنَافِقُونَ قَالُوا نَشْهَدُ إِنَّكَ لَرَسُولُ اللَّهِ ۗ وَاللَّهُ يَعْلَمُ إِنَّكَ لَرَسُولُهُ وَاللَّهُ يَشْهَدُ إِنَّ الْمُنَافِقِينَ لَكَاذِبُونَ (1)
اتَّخَذُوا أَيْمَانَهُمْ جُنَّةً...... (2)

سورة المنافقين

[1] When the hypocrites come to you (O Muhammad (peace be upon him)) they say: "We bear witness that you are indeed the Messenger of Allâh." Allâh knows that you are indeed His Messenger and Allâh bears witness that the hypocrites are liars indeed. [2] They have made their oaths a screen (for their hypocrisy)……”

Surat Al Munaafiqeen

Protecting the individuals, families and the Ummah from the danger of the apostasy:

The first thing subjected to the danger of apostasy is the public order of the Ummah then the family of the apostate from a husband , children and relatives then the intensification of that in who has weakness in their Imaan from the Ummah and from here we know the wiseness of Allah in preventing the Muslim from apostatizing from his religion to another religion , because in leaving the Muslims for their religion the destroying of this true religion “which must be maintained” and spreading the weakness in its people who must hold fast to the rope of Allah(Qur`aan) to be an example for the whole world in walking on the straight path of Allah :


كُنْتُمْ خَيْرَ أُمَّةٍ أُخْرِجَتْ لِلنَّاسِ تَأْمُرُونَ بِالْمَعْرُوفِ وَتَنْهَوْنَ عَنِ الْمُنْكَرِ وَتُؤْمِنُونَ بِاللَّهِ ۗ .....(110)

سورة آل عمران

[110] You (true believers in Islâmic Monotheism, and real followers of Prophet Muhammad (peace be upon him) and his Sunnah) are the best of peoples ever raised up for mankind; you enjoin Al-Ma'rûf (i.e. Islâmic Monotheism and all that Islâm has ordained) and forbid Al-Munkar (polytheism, disbelief and all that Islâm has forbidden), and you believe in Allâh…..”

Surat Aal Imraan

Ibn Taimiyah may Allah have mercy on him said “and for the apostate , what made killing him permissible –means the proof which made the Imaam Ahmad permit killing the apostate is the disbelief after the belief (changing the belief for the disbelief) and it (the apostasy)is a type of the disbelieving and if the apostate didn`t get killed for his apostasy then those who entered Islam would get out of it ,so killing him was to preserve the religion and its people (Ummah) and that (punishment) preventing them from decreasing and leaving unlike who didn`t enter in Islam “

[Maj`moo`a Al Fataawa (103-9/20),(413,28) and also see Al mabsoot (98/10) and Badaa`ee Assa`naa`ee (438/59)].

And Ahmad Bahnasi said: the crime of apostasy in the Islamic fiqh (jurisprudence) having something similar with the crime of changing the social law in the western fiqh...Such anarchism… and other than it from the destructive doctrines”

[Al Mas`ooliyah Al Jinaa`eeyah (18)].

And Sayid Saabiq may Allah have mercy on him said: “Islam is a perfect way of life and it is:

Religion and Polity…Worship and Leadership…Qur`aan and Sword … Material and Spirit… Dunya and Akhirah…and it is based on the Rationality and the logic …and grounded on the Evidence and the Proof and there is nothing in its belief and legislation collide with the nature of the human or standing in its way to prevent it from reaching its material and moral perfection.

And who entered it and knew its fact and tasted its sweetness, if he got out of it and apostatized from it after being in it and knowing it, he is actually rebelling against the truth and the logic, denying the proofs and evidences and had deviated from the whole truth and the righteous nature. And when the human reaches this level, that means he withdrew to the lowest level of declension and must not preserving the life of such human nor caring of his existence because his life has no valuable purpose or noble goal.
This is from one side and from the other side that Islam is a common way of life and inclusive system for the human behavior (manner), it cannot be in no need for a hedge to protect it and a shield to preserve it..

And every system will not rise without protection, preservation and saving it from everything would shake its basis and unsettling its structure and nothing stronger in protecting the system and preserving it than preventing those who rebel against it, because rebelling against it is threatening its existence and making it liable to totter and fall.

Rebelling against Islam and apostatizing from it, is a revolt against it and the revolting against it has no punishment but the punishment which the positive law agreed to put it for those who rebel against the law of the state and its settled status.

And human being whether he was in the communistic states or in the capitalistic states, if he rebelled against the state law, he get charged with the greatest treason for his country and the greatest treason penalty is the executing so, Islam in making its decision of the executing penalty for the apostates is logic with itself and concurrent with the other laws”

[Fiqh Assunah (457/2)] and also see [Fiqh Al Jareemah wa Al Oqoobah fee Al fiqh Al Islaami (188,101/2)] .

And in short: that apostatizing from Islam is a revolt against the law, weakening the community, increasing the number of the enemies, revealing the dangerous secrets of the Muslims and other than these which this place is not enough to mention them...

The suspicion of who made the apostate like the original disbeliever in the freedom of the belief:

And what some coevals claimed about the equality between the apostate Muslim and the original disbeliever that each one of them has the freedom of the belief and the prevention from the compulsion in the religion is including both of them which is mentioned in the book of Allah, as Allah says:


لَا إِكْرَاهَ فِي الدِّينِ ۖ قَدْ تَبَيَّنَ الرُّشْدُ مِنَ الْغَيِّ ۚ ...(256)

سورة البقرة

[256] There is no compulsion in religion. Verily, the Right Path has become distinct from the wrong path…”

Surat Al Baqarah

is a false allegation from three ways:

First: what had been mentioned about the depravity which is a resulting from the apostasy of the Muslims and its dangerous effect on the Ummah and its religion…

Second: that the prevention from the compulsion in the religion is a general rule meant the particular one and he is the original disbeliever who didn`t enter Islam and the proof is which had been mentioned in the sunnah about the ruling of the apostate. And if we assumed that the generality of the prevention from the compulsion in the religion is including the apostate then it must be specified (singled out) in what had been mentioned in the sunnah about the ruling of the apostate, because the particular rule is given the precedence over the general one.

Third: the unanimity of the Ummah scholars on the ruling of the apostate which is mentioned in the correct sunnah and also the action of the companions and others than them from the leaders (rulers) according to it.

And it is not permissible to equalize between the Muslim who apostatized from Islam and the original disbeliever because entering Islam cannot be but by two persons: a person who grew up as a Muslim in a Muslim family and a Muslim nation, and by Allah this one must thank Allah for what he bestowed upon him from a bless, where Allah prepared for him an environment which didn`t get defiled with the dirt of the disbelief which many of its people are unable to be guided to this religion nor enter it . and another person who wasn`t a Muslim but he entered Islam by his free choice and no one compelled him to enter it, but he entered it because of the strength of its proofs and evidences which force the mind to admit that this is the religion of the truth which there is no true religion on earth but it.

And he also knows that it is not permissible for whom entered Islam to get out of it to another and he knows that with his utterance of the two testimonies, he has submitted to Allah and he became with that totally obedient to his law and just rule which if one of its rules got proved then it must be put into effect on him whether he was satisfied about it or not.

A Suspicion must be rejected:

And with these correct and clear proofs in killing the apostate and putting them into effect in the time of the messenger peace and blessings of Allah be upon him, the time of the guided caliphs and the times which come after that and with what had been reported from the unanimous agreement of the scholars on carrying them out, we find in this time who makes doubts in carrying out this rule.

And they are two sections:

First: some of who associated to Islam from the students of the orientalists who took upon themselves attacking the principles of this religion and most of those students are destitute of the knowledge of Allah`s religion with the absence of the sincere loyalty for Allah, his messenger and the believers .

And for that they got effected of the opinions of their teachers, walked on their steps on the right and wrong with no guidance from Allah and put themselves as agents for them in the Islamic countries, spreading their thoughts, defending on them and making doubts of the book of Allah and the sunnah of his messenger and in the suitability of carrying out the law of Allah in these times.

Second: some of the righteous scholars and some of the writers who got terrified by the intense attacks which the enemies of Islam make and who still and will go on and won`t stop fighting the principles of Islam and its branches with an extensive war against its book, the sunnah of its messenger, its method, law, those who call for Islam, its scholars and the means (ways) of spreading Islam which including: the money , economy, education, media and other than that from what cannot be hidden from anyone in this day.

They fought this religion with every way they got and on the top of those ways the military force which they used in occupying some of the Muslim countries and threatened with it the others, using as an excuse the human rights which its terms contain (including) the freedom of the belief that including the getting out of a religion to another, whether it was as individually or in groups.

And which has no doubt in it, that making the Muslims leave their religion is the main goal for the Jewish, crusaders and pagans and we didn`t see any attack they did in the past, still doing it in the present and will do it in the future against any religion has existed on this earth like their attacks against the religion of Islam because it is their main goal to send their unjust attacks today, before it and after it as Allah Ta`aala says:


وَلَنْ تَرْضَىٰ عَنْكَ الْيَهُودُ وَلَا النَّصَارَىٰ حَتَّىٰ تَتَّبِعَ مِلَّتَهُمْ ۗ قُلْ إِنَّ هُدَى اللَّهِ هُوَ الْهُدَىٰ ۗ وَلَئِنِ اتَّبَعْتَ أَهْوَاءَهُمْ بَعْدَ الَّذِي جَاءَكَ مِنَ الْعِلْمِ ۙ مَا لَكَ مِنَ اللَّهِ مِنْ وَلِيٍّ وَلَا نَصِيرٍ (120)

سورة البقرة

[120] Never will the Jews nor the Christians be pleased with you (O Muhammad (peace be upon him)) till you follow their religion. Say: "Verily, the Guidance of Allâh (i.e. Islâmic Monotheism) that is the (only) Guidance. And if you (O Muhammad (peace be upon him)) were to follow their (Jews and Christians) desires after what you have received of Knowledge (i.e. the Qur'ân), then you would have against Allâh neither any Walî (protector or guardian) nor any helper."

Surat Al Baqarah


.....وَلَا يَزَالُونَ يُقَاتِلُونَكُمْ حَتَّىٰ يَرُدُّوكُمْ عَنْ دِينِكُمْ إِنِ اسْتَطَاعُوا ۚ وَمَنْ يَرْتَدِدْ مِنْكُمْ عَنْ دِينِهِ فَيَمُتْ وَهُوَ كَافِرٌ فَأُولَٰئِكَ حَبِطَتْ أَعْمَالُهُمْ فِي الدُّنْيَا وَالْآخِرَةِ ۖ وَأُولَٰئِكَ أَصْحَابُ النَّارِ ۖ هُمْ فِيهَا خَالِدُونَ )

سورة البقرة ,217

[217]…… And they will never cease fighting you until they turn you back from your religion (Islâmic Monotheism) if they can. And whosoever of you turns back from his religion and dies as a disbeliever, then his deeds will be lost in this life and in the Hereafter, and they will be the dwellers of the Fire. They will abide therein forever."

Surat Al Baqarah

And the enemies of Allah intervened in every matter of this religion specially in the principles of our religion and shari`aa .and there it is, their institutions which are supported by the western countries, insist on the United Nations _which is directed by the country that attacked our Ummah_ to protect who apostatized from Islam from what as they call it “oppression” _this ,besides knowing that many of the apostates ,the rule of the Islamic law doesn`t carried out on them in the majority of the Islamic nations governments.

“A Christianization institution (organization) demanding of the freedom of the apostasy”

An English Christianization organization sent a calling to the United Nations on Wednesday 29th of July to cope with the oppression for whom apostatized from the religion in the Islamic countries as they claimed, and that came at the same time when juristic groups commended of what had stated in the report of the Human Development in 2004 which given by the United Nations from emphasis that “ the individual must be free not only in criticizing the religion which they had been born on but in turning away from it to another or remaining without a religion “

And the calling of Wednesday came _according to Islam today website _ in a petition form which made by a Christian and British organization its name “ Barnaba Fund” .. the Human Rights which is subsidized to the United Nations , the governments and the International institutions called in it to raise its voices and to raise this issue “ as an urgent problem” with the Islamic communities .

And Paul Cook the manager of the propaganda in the Fund greeted of what had mentioned in the report of the Human Development considering that as “a very encouraging assurance” for “the apostasy rights” said: that the efforts of his organization for starting a discussion with the Islamic organizations about this matter had been answered with the silence …

Mentioning that the penalty of the apostasy is not carried out in the majority of the Islamic countries especially when all the rules of the Islamic shari`aa are suspended”

[ Majallat Al Mujtama`a # 1613,date: 7/8/2004 Al mujtama`a Al Islaami]

I say: that this powerful attacking and these unjust crusades which the enemies of Islam still making against it made some of the righteous and jealous scholars and some of this era writers motivated to refute the suspicions which had launched their arrows to the heart of this religion and accusing its scripts of the discrepancy and the contradiction and from that what they claimed about the discrepancy between the saying of Allah Ta`aala “ There is no compulsion in religion” (Al Baqarah 256) and what had been reported from the scripts in killing the apostate.

And from these scholars and writers who negated of killing the apostate absolutely and some negated of killing some of the apostates without the others.

Aren`t we see and hear in all the media means some of the apostates declaring (their apostasy) as in: the satellites TV channels, Radio, Newspapers, Magazines and the Global Information Network (internet). And installing themselves as scholars attacking what is aware of the religion necessarily?

And for the justification of dropping the penalty of the apostate “because he does not mean to play with the feeling or the rituals (ceremonies) of the Muslims!”…

We say: that the penalty of the apostasy is depending on the happening of the apostasy and fulfilling its conditions.

So if who entered Islam left it then he legally deserves this penalty and we are not in charge of the investigating for his aim of his apostasy.

“How would it be the feeling of the apostate parent, the feeling of his brothers, sons, wife, family, neighbours and friends, and the feeling of each Muslim knew about the leaving of a member of his Ummah from its belief and religion? Are they going to make a party for him celebrating his apostasy? And if the apostasy wasn`t a mockery of Allah`s religion, then what is the mockery? Is Islam a stadium or a cinema, where everyone has the right to carry a card on his chest for entering them and getting out of them whenever he wills?

Then we say once again :” we didn`t see an apostate leaving Islam quietly as some writers said, with the exceptness of those ignorant who went astray by those who call for Christianity in the jungles of Africa and the forest of Borneo , and even those if the family or the tribe senior apostatized , his followers follow him , but those who declaring their apostasy and disbelieving in Islam ,become beside their apostasy ,inviters to what they converted to from a corrupted religion or biased to its institutions mocking at Islam ,its people, ceremonies(rites) and scholars , taking all the available ways to spread their thoughts (wrong concepts)and offensive on this religion.

Written by: Dr. Abdullah Qaadiree Al Ahdal .

Ended by Allah`s help and Support... all Praise and Glory be to Allah…

[salman]

masha'Allah wa allhamdulillah - very well done sisters. May Allah reward you abundantly and write you among the people of Janatul Firdaws, ameen.

It would be even nicer if we could find short biography of the Ustad Abdullah and add it in the final version.

One last request, could one of you please put all of it in a Microsoft word or PDF file and attach it here, insha'Allah? I would suggest that add Arabic text and below it English translation of it; this would make our review process a lot easier. Jazak Allah khayran

akhee boriqee, I have attached the file

[amar_labedi]

Jazakallah


The prophet (saw) said ‘whenever you see an evil act stop it with your hands, and if you are not able to do that then speak out with your tongue and if you are not able to do that hate it in your heart and that is the lowest form of iman.’ (Sahih Bukhari and Sahih Muslim)