Quote:

Originally Posted by Abdullah Nayyar Are you sure the guy in the letter got this one right? Seems like his personal assessment judging from a single incident. As far as I know Sunni schools of Islamic jurisprudence unanimously agree on the punishment.

Hadrat Umar Ibn Abdul Aziz [d. 97 AH/720 AD]
[popularly known as Umar II and regarded as part of the Khulafa-i-Rashidoon]

Some people accepted Islam during the period of Umar bin Abdul Aziz, who is called the fifth rightful caliph of Islam. All these people renounced Islam sometimes later. Maimoon bin Mahran the governor of the area wrote to the caliph about these people. In reply Umar bin Abdul Aziz ordered him to release those people and asked him to re-impose jizya on them. [Musannaf Abdur Razzaq, pp. 171-10, cited in M. E. Subhani,Apostasy in Islam (New Delhi, India: Global Media Publications, 2005), pp. 23-24. Abdur Razzaq ibn Humama (d. 211 AH). This is the earliest musannaf (a hadith collection arranged in topical chapters) work in existence.]



Ibrahim al-Nakha'i [d. 95 AH]
[a leading jurist and traditionist among the generation succeeding the Companions]

According to al-Nakha'i, apostate should be re-invited to Islam, but should never be condemned to death. [He] maintained the view that the invitation should continue for as long as there is hope that the apostate might change his mind and repent. [referred to in Chapter: Freedom of Religion in Mohammad Hashim Kamali’s Freedom of Expression in Islam Islamic Text Society, 1997]



Sufyan al-Thawri [d. 161 AH]
[known as 'the prince of the believers concerning Hadith' (amir al-mu'minin fi'l-Hadith) and is the author of two important compilations of Hadith, namely al-Jami' al-Kabir, and al-Jami' al- Saghir]

According to al-Thawri, apostate should be re-invited to Islam, but should never be condemned to death. [He] maintained the view that the invitation should continue for as long as there is hope that the apostate might change his mind and repent. [cited in Kamali, as above]



Shams al-Din al-Sarakhsi [d. 389 AH]
[An eminent Hanafi jurist and author of al-Mabsut]

"The prescribed penalties (Hudud) are generally not suspended because of repentance, especially when they are reported and become known to the head of state (imam). The punishment of highway robbery, for instance, is not suspended because of repentance; it is suspended only by the return of property to the owner prior to arrest. ... Renunciation of the faith and conversion to disbelief is admittedly the greatest of offenses, yet it is a matter between man and his Creator, and its punishment is postponed to the day of judgment (fa'l-jaza' 'alayha mu'akhkhar ila dar al-jaza'). Punishments that are enforced in this life are those which protect the people's interests, such as just retaliation, which is designed to protect life." [al-Mabsut, X, p. 110, quoted in Kamali cited above.]



Abu Al-Walid Al-Baji [d. 474 AH]
[a noted Maliki jurist; a contemporary of Imam Ibn Hazm]

... observed that apostasy is a sin which carries no prescribed penalty (hadd), and that such a sin may only be punished under the discretionary punishment of ta'zir ... [mentioned in Kamali cited above]



Imam Abu 'Abdullah Al-Qurtubi [d. 1273 AD]
[Eminent Malike Scholar of hadith and fiqh]

"Al-Samara'i in his comment on this verse (an-Nahl:107) has quoted from Qurtubi's al-Jami the remark that the verse conveys an admonition that the wrath of Allah will be incurred by the apostate but there is no hint of any other punishment." [S. A. Rahman's Punishment of Apostasy in Islam, p. 47, referring to Nu'man 'Abd al-Razzaq al-Samara'i. Ahkam al-Murtadd fi al-Shari'at al-Islamiyyah, Beirut, Lebanon: Dar al-Arabiyyahya lil-Taba'at wal Nashr wal-Tauzi, 1968]


Abu Hayyan al-Andalusi [d. 1355 AD]
[Maliki scholar and author of Qur'anic commentary Bahrul Muhit]

"Ibn Hayyan, a well-known exegetist, has expressly mentioned a definite opinion that no apostate can be coerced into rejoining the Muslim community." [mentioned in S. A. Rahman, Punishment of Apostasy in Islam, India, Kitab Bhaban, 1996, p. 55]



Ibn al-Hammam al-Hanafi [14th century AD]
[Eminent scholar]

"There is no punishment for the act of apostay, for its punishment is greater than that, with God." [mentioned in S. A. Rahman, Punishment of Apostasy in Islam, India, Kitab Bhaban, 1996, p. 45, citing Sharh Fath al-Qadir with commentary by Chalpi on Fath al-Qadir, Vol. IV, pp. 388-9]



Shaikh Rashid Rida [1865-1935]
[Eminent Islamic scholar; disciple of Afghani/Abduh]

"This verse reaffirms the one which occurs in Surat al-Baqarah (II:256), and both proscribe compulsion in religion. Both of these passages proclaim and uphold that people are free to pursue religious beliefs of their own choosing. No one is to be compelled to abandon the religion he professes nor must anyone be exposed to punishment and torture for the sake of religion." [quoted in chapter Freedom of religion by Dr. Mohammad Hashim Kamali's Freedom of Expression in Islam, Islamic Text Society, 1997]


Maulana Muhammad Ali Jauhar [1878-1931]
[Indian author, scholar and a leading figure of the Khilafat Movement]

"M. Muhammad Ali Jauhar had, it seems, sponsored the thesis that Islam did not sanction any punishment for apostasy." [mentioned in S. A. Rahman, Punishment of Apostasy in Islam, India, Kitab Bhaban, 1996, p. 6]


Shaikh Mahmud Shaltut [1893-1963]
[A prominent Egyptian Islamic scholar. He was the shaykh or grand imam, i.e. the leader, of Al-Azhar Islamic Institute in Egypt from 1958 to 1963]

"Mahmud Shaltut analyses the relevant evidence in the Qur'an and draws the conclusion that apostasy carries no temporal penalty, and that in reference to this particular sin, the Qur'an speaks only of punishment in the hereafter ..." [mentioned in chapter Freedom of religion by Dr. Mohammad Hashim Kamali's Freedom of Expression in Islam, Islamic Text Society, 1997., Shaltut, al-Islam ‘Aqidah wa-Shari’ah, pp. 292-93; al-Samara'i, Ahkam al-Murtadd fi al-Shari’ah al-Islamiyyah, p. 114 f]

Dear Fellows! This law was introduced in our constitution by Zia. All religious parties have consensus over it that one may be put to death who is found guilty of blasphemy. As the law was written in our constitution, it did not provide us the clear definition of the word "TOHEEEN". And also, it was not clear that who is authorized to take action (practically) against person. Now, the weakness lies in Human-made law and not in lslamic Tradition. Here we can analyze that if every Muslim is given right to punish (kill) the person which committed blasphemy, then anarchy will be prevailed. There is no tradition in Islamic History that anyone had given Islamic Punishment on his own behalf. Every punishment was given by the authorities at that time. Secondly, this is Islamic State where Islam is dominant in its constitution, then one should go to court. I agree that punishment must be given, whosoever violate honor of Prophet of Islam, but at the same time, it should be by authorized body after proper investigation.

We all are really good at selective picking. All those who are in favor of blasphemy punishment would quote the Hadiths mentioned by Last Island and those against it would quote the incidences quoted by me. Twisting the facts and using it for own accord is the agenda adopted on both sides. The conservative would condone the fact that the dear Prophet forgiven whole lots of people who had done blasphemy against it, so we could follow this example. The liberals won't believe that there might be a punishment for blasphemy. The solution lies in between the both situation.

Last island , u said its upon his(PBUH) will to forgive the enemies but not us . Now as he is dead then how could we seek his advice? via Quran and his sunnah, NO? There is a clear cut message in the incidences of Fateh Makkah that IF the person ask for forgiveness and regret his bad deed forgive him. But what to say about forgiveness people won't even care to see whether the person alleged has actually committed the crime? Even there is an incident when the Judge was killed because he freed the alleged criminal on lack of evidence.

My conclusion is IF Islam favors the blasphemy punishment then sure carry on with it but only after the assurance that the punishment being given only to the person who has actually committed the crime. Else, it might happen then instead of getting reward we all ends up getting the punishment because Allah the Just would not forgive such act. And the right of repentance should be provided to the alleged person as provided by dear Prophet and Allah the Merciful. If someone deny the charges of blasphemy let his case be rest to God and we shouldn't play the role of God to declare the prophecy of right and wrong on other person just on our own accord. Because Allah is the final decider and HE knows the best.

P.S : I'm waiting for the full reference of the last Hadith quoted by you

Regards

@ maryammalik

I agree with your views. The solution lies somewhere in the middle. "Miyana Ravee" is the best approach.

regards,
floydian

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Police Service of Pakistan (PSP)
39th Common Training Program

@maryammalik
May i ask you the qouted Ayah? i could not find it with me.
Please provide us with the complete Ayah.
Thanks

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The Demand Of Faith Is To Bow Down After Hearing The Command. Faith Cannot Co-Exist With Ifs And Buts.

Thanks for correcting me the reference is 9:74 not 9:47. Sorry for the error.

http://quran.com/9/74

if someone denies the charges. Let God handle his case. We must not punish him.. Wow.. What a nice solution. Someone rapes .. Steal.. Kills.. And denies the charges. Let us not punish them. I'm so impressed by you people. Regards.

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Don't Try To Convince Or Impress Others, Always Let Them Have A Fun Of Convincing And Impressing You..!! :-)

Al-Amawi said in his Book on Battles, "Muhammad bin Ishaq narrated that Az-Zuhri said that `Abdur-Rahman bin `Abdullah bin Ka`b bin Malik narrated from his father, from his grandfather that he said, `Among the hypocrites who lagged behind ﴿from battle﴾ and concerning whom the Qur'an was revealed, was Al-Julas bin Suwayd bin As-Samit, who was married to the mother of `Umayr bin Sa`d. `Umayr was under the care of Al-Julas. When the Qur'an was revealed about the hypocrites, exposing their practices, Al-Julas said, `By Allah! If this man (Muhammad) is saying the truth, then we are worse than donkeys.' `Umayr bin Sa`d heard him and said, `By Allah, O Julas! You are the dearest person to me, has the most favor on me and I would hate that harm should touch you, more than I do concerning anyone else! You have uttered a statement that if I exposed, will expose you, but if I hide, it will destroy me. One of them is a lesser evil than the other.' So `Umayr went to the Messenger of Allah and told him what Al-Julas said. On realizing this, Al-Julas went to the Prophet and swore by Allah that he did not say what `Umayr bin Sa`d conveyed he said. `He lied on me,' Al-Julas said. Allah sent in his case this verse,

(They swear by Allah that they said nothing (bad), but really they said the word of disbelief, and they disbelieved after accepting Islam) until the end of Ayah. The Messenger of Allah conveyed this Ayah to Al-Julas, who, they claim, repented and his repentance was sincere, prompting him to refrain from hypocrisy.''' Imam Abu Ja`far Ibn Jarir recorded that Ibn `Abbas said, "The Messenger of Allah was sitting under the shade of a tree when he said,


(A man will now come and will look to you through the eyes of a devil. When he comes, do not talk to him.)' A man who looked as if he was blue (so dark) came and the Messenger of Allah summoned him and said,


(Why do you curse me, you and your companions) That man went and brought his friends and they swore by Allah that they did nothing of the sort, and the Prophet pardoned them. Allah, the Exalted and Most Honored revealed this verse,


(They swear by Allah that they said nothing (bad)...)

Allah said next,


(and they resolved that which they were unable to carry out) It was said that this Ayah was revealed about Al-Julas bin Suwayd, who tried to kill his wife's son when he said he would inform the Messenger of Allah ﴿about Al-Julas' statement we mentioned earlier﴾. It was also said that it was revealed in the case of `Abdullah bin Ubayy who plotted to kill the Messenger of Allah . As-Suddi said, "This verse was revealed about some men who wanted to crown `Abdullah bin Ubayy even if the Messenger of Allah did not agree. ,It was reported that some hypocrites plotted to kill the Prophet , while he was at the battle of Tabuk, riding one night. They were a group of more than ten men. Ad-Dahhak said, "This Ayah was revealed about them.'' In his book, Dala'il An-Nubuwah, Al-Hafiz Abu Bakr Al-Bayhaqi recorded that Hudhayfah bin Al-Yaman said, "I was holding the bridle of the Messenger's camel while `Ammar was leading it, or vise versa. When we reached Al-`Aqabah, twelve riders intercepted the Prophet . When I alerted the Messenger , he shouted at them and they all ran away. The Messenger of Allah asked us,


(Did you know who they were) We said, `No, O Allah's Messenger! They had masks However, we know their horses.' He said,

(They are the hypocrites until the Day of Resurrection. Do you know what they intended) We said, `No.' He said,

(They wanted to mingle with the Messenger of Allah and throw him from the `Aqabah (to the valley).) We said, `O Allah's Messenger! Should you ask their tribes to send the head of each one of them to you' He said,

(No, for I hate that the Arabs should say that Muhammad used some people in fighting and when Allah gave him victory with their help, he commanded that they be killed.) He then said, (O Allah! Throw the Dubaylah at them.) We asked, `What is the Dubaylah, O Allah's Messenger' He said,


(A missile of fire that falls on the heart of one of them and brings about his demise.)'' Abu At-Tufayl said, "Once, there was a dispute between Hudhayfah and another man, who asked him, `I ask you by Allah, how many were the Companions of Al-`Aqabah' The people said to Hudhayfah, `Tell him, for he asked you.' Hudhayfah said, `We were told that they were fourteen men, unless you were one of them, then the number is fifteen! I testify by Allah that twelve of them are at war with Allah and His Messenger in this life and when the witness comes forth for witness. Three of them were pardoned, for they said, `We did not hear the person whom the Messenger sent to announce something, and we did not know what the people had plotted,' for the Prophet had been walking when he said,


(Water is scarce, so none among you should reach it before me.) When he found that some people had reached it before him, he cursed them.''' `Ammar bin Yasir narrated in a Hadith collected by Muslim, that Hudhayfah said to him that the Prophet said,


(Among my Companions are twelve hypocrites who will never enter Paradise or find its scent, until the camel enters the thread of the needle. Eight of them will be struck by the Dubaylah, which is a missile made of fire that appears between their shoulders and pierces their chest.) This is why Hudhayfah was called the holder of the secret, for he knew who these hypocrites were, since the Messenger of Allah gave their names to him and none else. Allah said next,


(and they could not find any cause to do so except that Allah and His Messenger had enriched them of His bounty.) This Ayah means, the Messenger did not commit an error against them, other than that Allah has enriched them on account of the Prophet's blessed and honorable mission! And had Allah guided them to what the Prophet came with, they would have experienced its delight completely. The Prophet once said to the Ansar,


(Have I not found you misguided and Allah guided you through me, divided and Allah united you through me, and poor and Allah enriched you through me) Whenever the Messenger asked them a question, they replied, "Allah and His Messenger have granted the favor.'' This type of statement,


(And they had no fault except that they believed in Allah...), is uttered when there is no wrong committed. Allah called the hypocrites to repent,


(If then they repent, it will be better for them, but if they turn away; Allah will punish them with a painful torment in this worldly life and in the Hereafter.) The Ayah says, if they persist on their ways, Allah will inflict a painful torment on them in this life, by killing, sadness and depression, and in the Hereafter with torment, punishment, disgrace and humiliation,


(And there is none for them on earth as a protector or a helper.) who will bring happiness to them, aid them, bring about benefit or fend off harm.

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The Me you have always known, the Me that's a stranger still.

Please be careful in your selection of words. "He (PBUH) has demised".

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The Me you have always known, the Me that's a stranger still.

last island, can you simply give a clear statement about pakistan's blasphemy law?

the punishment of death is wrong? Or the method of investigating such cases is wrong?

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Don't Try To Convince Or Impress Others, Always Let Them Have A Fun Of Convincing And Impressing You..!! :-)