Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Penalties
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Bismillah Alhamdulillah wa salatu salam
ala, I'm about to proceed.
Well, we promised to finish
after the chapter of immortality. We did not finish that chapter. We only we did finish the ruling of the mortared or the ruling of the apostate.
based on the book of Honda, which is a competitive primer written by the Magna Kodama died in the year 620. After hedorah
we said we will draw a line, we will relate the tradition as it is with honesty and transparency and openness.
contextualize it but then we'll draw a line
and talk about contemporary discourse.
Okay, so what is the contemporary discourse on the Hakuna Matata or the ruling of the apostate?
Is this Islam the only religion that legislated this?
is Islam peculiar about this? No, it is not. It absolutely isn't. And as I may have hinted a couple of times, if you contrast Islam and Islamic practices to other practices, you will find that the Islamic practices were Kinder
even to the apostate than other practices like the inquisitions and so on.
So Islam was not the only religion. And we will explain this a little bit more.
However, we have to be honest about it and say that
the punishment for apostasy
criminalization of Apostasy is not canonized in any statutory laws anywhere in the world, except in Muslim countries. Likely that's the case. So there is a difference now, between Muslim countries and non Muslim countries in this respect.
Or there may be some Muslim non Muslim countries that have their you know, their punishment for apostasy. I don't know of any but there may be, but at least we can say if we are contrasting Western
countries and Muslim countries, we can say that it is only the Muslim countries that have
basically laws that criminalize apostasy.
Certainly in western countries, they have laws that criminalize other things. You know, sometimes it could also be that that idea of freedom of conscience, freedom of speech, you know, if you deny the Holocaust, for instance, in some European countries
that is criminalized. So someone can say, well, it's my freedom of speech. It's my freedom conscience. Sometimes they're authors, they're writers, they're historians and philosophers, they are not mobs, you know, basically you walking down the street together
basically terrorize anyone.
But anyway, so different value systems, and people prioritize different values, different people prioritize different values, and they have different hierarchies within their value systems. But let's say that the punishment for apostasy is a major point of contention between Muslims or non Muslims nowadays, it is also a major, basically, agenda item.
politically, socially, in many respects, it is, like a major point of contention, it's something that comes up quite often, and discussions with non Muslims
and even politically, it's very consequential.
So, so, we need to have like,
a discussion about it.
before I talk about, you know, the, we have four different directions here 1234 of this discourse for different
interactions in this discourse, one is the sort of the unfilter the discourse, which is, you know, the punishment for apostasy is valid to be implemented, there is just we will implement it that way it has been discussed in the box, if you are hanafy, then you're going implemented your way if you're somebody you have implemented, whether your way etc, are just as valid punishment, that that should be implemented,
no contingency contingencies. The second
the complete denial of the existence of the punishment or the authenticity of the punishment, that is also another sort of direction and some
have chosen that direction.
So, validity should be implemented the denial of the very existence of this management and Islam or
The third is basically a sort of
contextualized modified understanding of the punishment for apostasy
to mean to mean
punishment for violent
and that's the direction of some as well. So, there are scholars who actually, you know, have different positions on this issue. And most, you know, most of the discussion most of the scholars who have written on this issue are good meaning when meaning scholars
The fourth is
it is valid, it is a punishment. However, it is not a fixed penalty, it is not a hub.
Therefore, it is subject to suspension
and that is based on basically an understanding of realities,
risk benefit ratio and things of that nature. These are the four different positions, any other position? Well, basically, you know, because, as we said before, we don't like to dichotomize things and we don't like to be stiff about classifications there is usually a spectrum.
But then in order for you to simplify things also and make sense of them, you will want to have some classification. So, these are the main basically positions in terms of the contemporary discourse on the issue of Apostasy.
But, I will go back and say
synthesis synthesis is important sentences is important
is a basically every generation would have
to have a demon Khalifa fan or doodoo. So, every generation will have will have to have its own trustworthy
its own trustworthy scholars, that will defend that the inherent that will do the synthesis because synthesis here involves What?
Being well versed in the text, which is not enough, because the crudites are most are also of the most well versed in the text. The Prophet sallallahu Sallam said the tournament Coronavirus.
They said they speak the speech of the best people. You see when
they speak well, but the they act the sort of
broadly are they their actions are evil.
Their understanding their sentences eventually, on
the other hand, who said Teddy ma can read that they have gotten some word of truth that is in the world with which evil is intended or false what is intended false is intended that is synthesis where the truth text
But the sentences, the conclusion, the premise is correct. That is correct. But the conclusion is false is incorrect. So text is important, but it's not just quoting the text, because people can quote the text and not have a proper understanding of it the proper understanding of the man on top of the text
which are the NL or the effective causes of the text or the the backgrounds, the philosophy, the framework, the worldview, basically,
the matrix that will bring the jewels of the text together and make them a coherent picture image.
That is the monopod
that is dial that's the effective causes, etc, etc. So monitor
and then a proper understanding of their realities that will basically
realize these monitor these objectives of the text in different
Every reality looks different, different realities.
So you can fit them
into the different realities, you can be stiffly try to fit the you know the different realities by doing the same thing in these different realities, you will have to accommodate for the differences in the realities.
Having said this, it is important and as we will do in rehab as well, it is important that you don't feel ashamed or embarrassed of your the aviar tradition, and you have this confidence. Our scriptures are certainly infallible, our tradition may not be infallible, but it's beautiful, largely
beautiful, there may be mistakes by the Imams and the scholars.
But it is largely
So this issue, the issue of Apostasy
there is no way that you will find in our scriptures, evidence on the validity of Apostasy that is as clear as you will find in the Bible.
You know, so this is not a ruling that was targeted by Islam, in fact that there is nowhere in the program that you can find the punishment of Apostasy and the couple of our hobbies that we have, we will basically quote them. But this is a like a biblical ruling. And you will find many, many verses in the Bible particularly in the term trami
two to seven, Chapter 17, verses two through seven, chapters 30 in verse eight to nine, Chapter 13, verses one to four.
So if you and so ever has gone, and serve other gods and worship to them, then shalt thou bring forth that man or that woman, which have committed that wicked thing on to thy gates, even that man or that woman, and shall stone
with stones till they die in this King James Version.
There are many, many, you know, and as we said before bringing up the stake in Islam, it is a strike by the sword.
Although it's at the end of the race, that's the penalty, but it's a little different also.
So the womb so we can talk about the scriptures but people say you know guys always talk about the scriptures. We don't care. It's the you know, it's, it's about realities, it's about the history did this actually happen? Of course, this has been happening. This is not basically something that is in the Jewish and Christian scriptures alone and has not been basically part of the Jewish and Christian history that has been part of the Jewish and Christian history. In fact, the most famous story about apostasy or the most famous story about the punishment for apostasy is the story of the 3000 divides who worship the calf, and were condemned to death. This is the story that the Bible
And then in the history of the, you know, in Christian history, particularly in the history of the papacy and the history in Europe, we have so many examples. So, you know, the inquisitions just read about the inquisitions and contrast them to whatever it is that we said in the previous lecture, contrast them with the fact that that the apostate has to be brought to the judiciary to the judge, and the repentance needs to be sought and they will be fed and they will be asked to repent, establish the PII against them if they're ignorant and then you ask them to repent, and it is just enough for them to say I'm Muslim, I take it back. You know, I don't deny Yun Salah he said I'm or
Jonah, Allah is Allah, etc, etc. So
they were the heretics were actually forced to confess.
And in the history of the Inquisition, there were many atrocities committed against those people. And it would look to like the the intent was actually to condemn them not to seek their repentance. And
some of the most famous or the most famous punishment for apostasy is Giordano Bruno. Giordano Bruno was burnt at the stake in 1600. In Rome, the last time in, in Europe, in secondary Europe, this punishment was actually
executed was in 1826. This is just yesterday, we're talking we're talking about, you know, where the history here we're not talking about our lifetimes, but in 1826, this is modern times this is
the last time cayetano principal
is a school teacher who was executed for allegedly preaching deism for allegedly preaching theism. So, the apostasy scripturally you will find more about the punishment of Apostasy in the Bible than you can find anywhere in our scriptures. Brian is completely you know,
silent about this
particular issue if not being used by some contemporary scholars to as like
supply in the sort of the counter proofs or the proofs for the counter argument.
So, this is one thing that I wanted to start by which is important and we will do this and outline the next chapter of jihad.
Now, in our tradition in our scriptures, let's discuss the scriptures discuss the tradition now and then before we talk about the contemporary discourse, so let us discuss the scriptures. What did you call what would you call in favor of and against the punishment for apostasy in favor of
you don't quote anything in favor of Okay. Well, let me go
okay. I would quote manbat della Dina who factor the strongest of all
in favor of men but that Edina move up to whoever changes his religion that is what a man I'm going to put them and when we went over the punishment for apostasy, and that's the only hobbies he mentioned, whoever changed his religion kill him. This is reported by Bacardi from Abner Bess. So this is in favor.
That's the second
lie ahead with American Muslim Illa via data last
so that the blood of a Muslim is enviable except in three conditions and one of them is a data quality and malaria put in the mouth.
So directly Dini, who abandons his the tightrope to leave, abandons his the enviroklenz Ummah and separates from the community separates from the community. Okay, more
Hades omraam man
which we said
And, you know, the truth is it's not authentic, you know, you know,
have considered that to be either weak or very weak
of the blind the man who had
the mother of his child or mother the or omega d, the mother of his children who came there and we said that this is
called xo chain wise may be stronger than the hadith of Amaro man, it's your boy the Bible the road but
you know, the man has some in consistencies, particularly the fact that the Prophet sallallahu Sallam had accepted the claim of the killer without witnesses without any further proofs on the veracity of their claim.
Van What else would you call it in favor of
uncertainty? We shouldn't do this here. Okay, what else would you quote?
The man who I can't remember his name but he he repented he went to McAfee is the only one who was killed in fact
I can't remember his name
Cats and cats okay to
one person who did that
Yeah, so he was killed in Makkah.
He was killed because he received the prophets
the prophets of Salaam said
he was not killed by the way he was actually he
became actually commander in an army
but anyway the very fact that that the prophet SAW Selim was set up to do
that these are different issues the caterpillar here and have loved Navistar Han these are not merely for apostasy
these are different reports that you will always find some other reason in addition to apostasy
but these we want only the proofs on apostasy so
then what would you call it against?
okay, so like after the
there is no compulsion in religion
on this segment Hello Paul Roman doesn't it's not meant to be included. But Allah Muhammad what is the punishment?
vast majority agreed that it is okay so so you want to say that you are reporting the edge now here you are citing that we're talking about the Scripture. But you're citing that now that was reported by now.
neuros than others. So some emails were reported by verifying scholars, the punishment of Apostasy is thus and we know that the agreement of the four mazahub is that the punishment of Apostasy is that for the man and the Hanafi set for the woman it is imprisonment. Okay.
But scripturally What else would you quote here?
Amen in South Africa men
say the truth is from your Lord so let him he wants to believe believe and nothing wants to disbelief disbelief
and so we're not gonna hide here perfect and Amanda was here last time.
You saw remind your only reminder you're not
Dominator over them.
So what else would you call it here?
There is some others that I can sort out that necessitates you doing
good learn how to do it and fitness your Kisu fee for Ella Miata zero como por la comme cela Morocco for a moto isotopic to warm welcome to another Kamala him so Phantom
When you will find others that want to be to earn safety from you or any medical manual combine them
to basically be secure around you and around there people could learn more. Sofia, every time they return back to this belief they fall into it. So every time they return back to Africa as it was interpreted they go back to this belief. For me it is it Oh come to so they used to be between the Prophet Medina and Mecca, come to the Prophet, they are believers, they go to Mecca, they are disbelievers. So
last night for me at
High School. So if they don't, basically
Yata zero calm meaning sort of separate from you.
While you're local la como salam, and give you peace, when I cook for a day at home and withhold their aggression, withhold their violence from them, then seize them and kill them wherever you find them. So what if they were human mohalla with a diversion application, whenever they
act as a lukewarm whatever they
kept away from us kept away from us and did not fight against us and withheld their violence or aggression, then you don't give them so that would be the very center. And
so what else would you quote in terms of
who will come to the questions and answers we want to but if you want to quote quote, because the fact that this punishment was not carried out during the time, okay, so you're quoting about it was not carried out that basically many times the prophets Allah did not meet this punishment or did not execute this punishment. So mentioned examples. The man who came to the Prophet sallallahu Sallam and said to his face, tequila Muhammad was added,
in heavy metal malita Bihar Tula so fear Allah, O Muhammad, and be just this the vision is not the vision with which our loss of pleasure was sought. Well, that is basically denial of the messenger denial of the prophethood because messenger is infallible, that's the you know, and that is apostasy and the prophets have left him
What about the man who the bedwin man who came to the profits on a luxurious and accepted Islam and then he said Dr. Muhammad a kidney or jasola kidney?
Which means what?
Carla is basically, pardon me or exempt me or?
Yeah, it does like to peel off his bio SRA with contracts like if you if you are
absorb, absorb, absorb, okay, absolve me good. That's good absolving me from this contract from this by offering this pledge.
The prophets Allah wa sallam refuse, came back refuse third time refuse, and then he left and then the Prophet sallallahu Sallam said what? El Medina to calcaire Medina is like the furnace of the blacksmith, Kalki
10 fee, for that's
why I'm so.
So Medina is like the furnace of the blacksmith. It removes its impurities. And lets its good shine or let's it's good Chinese.
And then we have the story of academia where there is we're talking to the profit zone and about the people who would leave.
They wanted the Prophet sallallahu Sallam to agree that whoever goes to the Prophet sallallahu Sallam from Mecca would be returned to
the Mexicans and whoever goes to Makkah from the side of the prophets of Salaam will not need to return to the Prophet, double standard, you know, but But anyway, the prophet accepted because he wanted peace and so he accepted this.
So what the prophets Allah I'm sad man's vermin lie him
From India and amerihome, facade,
whoever goes from whoever leaves us for them, goes to them and leaves us, Allah have distanced him, or May Allah keep him away
is so this man.
The Prophet did not seek Him to punish him.
The man who said to the Prophet Muhammad, anyone who apostatized you know, the prophets of Salaam did not necessarily punish them.
And as I said that this hobbies of Amaro man is not authentic habito midwater is problematic mapping wise.
So this is basically scripturally for and against.
However, scripturally if you want to be honest, this hadith is very strong, explicit and authentic.
called the rest you could find ways to interpret them in a way that will be reconciled with his hobbies
in a way that would be reconciled with this hubby's
lie I have loaded memory in Muslim, it's a different story. Let us now go over the tradition and the contemporary discourse tradition wise what positions that we have among the forms I have thus, far the man according to the format that I have been according to a consensus report that I have noticed. Now we are avitus.
For the man for the woman imprisonment, according to the Hanafi is that's according to the rest. Do we have any other positions in the tradition we have reports that may be used
basically, by the deniers from Homer
and Abraham and NACA.
And so pianos knowing
that their punishment is indefinite st tab
the seek the repentance in definitely the seek the repentance and definitely these are coated, we have reports from both farmer and Nakai to say the opposite, but we have conflicting reports from them conflicting reports from
But otherwise, it has been established in the tradition in the form of consensus reported by some of the most verifying scholars that this is the penalty is the death penalty is the penalty.
So, where is the contemporary discourse coming from and we said before the interactions in the contemporary discourse are valid and applicable
and applicable nowadays
not not always inapplicable, but let us say valid than nothing, that's what this what this position is not it's not saying this is really inapplicable
but then, so, valid, but not fixed, not fixed.
And then other invalid. There is nothing called the punishment for apostasy
only for violent
invalid will say what will say, what, what would they say about this, we'll say this Hobbes is inconsistent, and it's not because it means anyone who leaves his name like a Jew became Christian, you can well, if a Christian became Muslim, he also kept him
because he changed his name.
So it's our complete understanding. You know, it is a funny understanding.
But they're saying that this is this is inconsistent because it's just basically about anyone changing their religion, what about can they change their religion to a better religion? What about a pagan became Jew? What about you know?
So, what if they change their religion, burgers, and so that's the position the this one, the deniers would say this applies to sedition, it does not apply to
And actually, they may although he does not deny that it applies to apostasy. But he uses also to say it's applies this this sedition
and methodical Gema he who basically leaves abandons or separates from the community through rebellion submission.
They will say these are not authentic, they will say we have this we have this we have this we have this so, so these are the deniers.
The problem here is that the problem here is that the cost of denial, if you want to be an A Muslim apologists, the cost of denial here is basically saying that
we do not want to say that, you know, the departure between the tradition, the departure of the tradition from the scriptures was such that we well
basically shake people's faith in the tradition entirely because if you're talking about the agreement of the former there have been reports of age now and Hadith in Bukhari and hobbies, you know, that is reported by you know, except for
Makati and hobbies and
and then the consensus that is reported in the agreement of the forum scholars.
If you want to be a Muslim apologists, the cost of the cost of justify the cost of defending Islam here
is enormous. Because it basically assertive it's like an earthquake that when shake the foundation of the hermeneutical system, all of the harmonies are consistent.
So that is the invalid position. What about this position,
which is a position of many scholars, many contemporary scholars
like Chicago for instance. So it's violent apostasy
they will say the only way that we can reconcile all of this reconcile all of this is to qualify that apostasy so that we can keep this like Rafa Dean, we can keep provincial, government provincial for the act for and we can call this punishment applicable to violent apostasy using this particular qualifier. And that's how these emphatically Gemma was separated from the MA she
gives a context of us and he says, to this position, and he says that during the time of the prophet SAW south of them
apostatized meant, you know, joining price, there were two camps, you apostatize it means that you're joining the warring camp, and the camp that is in at war with the believers, that is what it meant, that really is what it is what it meant. You did not have to stay in Medina, basically, in appear to write books about, you know,
Islam and stuff will refute Islam by writing books, the opposite is and you left for America, or you're left to some of the Bedouin tribes that were at war with the Prophet sallallahu sallam. So that is that is their their way of reconciliation, that is their way of synthesis, bringing it all together. Okay, without they feel that we will not be shaking the foundation of our hermeneutical system. our immune system is dependent on this inter textual understanding, and contextual understanding and so on and so forth. But at the same time, that's, that's an opposition to the agreement of the farmer.
And that's in defiance of some reported consensus. And that does not have much precedent except sort of questionable reports from Ahmad Ibrahim and Nakai, and so piano, Saudi, you know, conflicting reports from them as well.
Now, here's Here is another take
that I am the iron client to more because I am always obsessed with the idea of not shaking the foundation.
Like keeping the structure keeping the pillars of the structure.
And I believe that this is the best sort of that would put that that's the best synthesis that would bring things together.
To say that this is a valid thing, but it is as if it was it is it belongs to CSI does not belong to it does not belong to fixed penalties debunk CSI, because at sometimes it is the way to deter
sort of open rebellion against the religion itself, not necessarily against the state, but against the religion. And many times in our history, we had the crusades, and we have the, the ternary invasions or
you know, not all that matters, because I have to, because the others are mostly most likable. Others are Muslim. Now, I don't want to associate negativity to to the group of people, but anyway, the invasions
drinkies cons, dynasties invasions
against Muslims and so on. And
basically, deflection for betrayal of the religion under the under pressure, you know, colonialist for instance,
it would have there not been mechanisms, mechanisms to protect the religion,
the amount of pressure that was basically exerted by friends
on the Algerians
bring them into the fold,
of sort of French culture, French,
religion, etc, values, and so on was was huge, and many people would have wanted to defect because, and that's how I didn't Modoki him,
more than under him and
people follow the religion of their sovereigns or the, you know, their monarchs,
the defeated are always basically obsessed or fond of,
or inclined to imitating Givi Victor's So, the dean needs to have some mechanisms by which
its sacredness is protected, there is no open defiance in Muslim camp in Muslim societies against their religion, which will facilitate for others to be defiant as well. And based on you know, our worldview as Muslims, godson a messenger, we believe that this is certain This is from God, this is where the well being and welfare of humanity and protecting the sacredness of the message and protecting the position of the religion in the community and the society is in the best interest of the society It is like, you know, this is basically the foundation of the system, the religion is the foundation of the system like here, there there is a system, there is also a value system that
has foundations, no society will accept compromising the form its own foundations and the societies will be as aggressive as the could be against people that compromise that foundation. And for us, this is the foundation. So now, so to say that this is valid, it is not a fixed penalty, why are they saying is is valid and fixed, not fixed, fixed penalty based on this? Because they're saying, okay, we, we can't deny this, this is we'll accept it. But at the same time, the Prophet sallallahu Sallam let people go, many people apostatize than his face in his presence in the Medina let them go. So it's not a fixed penalty, otherwise would have been meted every time it was established. So
it's not a fixed penalty. So that is a way to reconcile all of this without denying the consensus without the nine the form of without the nine anything accepting all of this, but saying that it is not a fixed penalty. Now, if it is not a fixed penalty, would that give your room would that give you room to suspend that if it is in the best interest of the Muslims suspended? If you open the gates between Islam if societies weren't sort of communities,
and the international community decided to open the gates between religions allow people to move between religions? Would Islam win or not? Of course it would win. That is an that is a like an outcome that is favorable for us.
We would be keen, we would be keen on realizing that condition and keeping it open the gates let people move in and out. And then we'll certainly win as Evan hasn't said voted for Warren overhang was a former Santa
Clara de m&r burdened with the water safety plan.
So, there are two different types of domination, the domination of proof
the domination of proofs and logic or reason, or the and the domination by the sword in the sphere, the domination by logic and reason, domination by sword and spear domination by logic and reason is always ours, domination by the sword and spear sometimes it's sometimes for us and sometimes, you know against that.
So, if that is the case, and that is what we believe in, then this outcome is favorable, and we will be keen on keeping it keep the gates open. And then we suspended this, if Amara, the young man who suspended the punishment of seft, because of a particular interest, and it is a fixed penalty fixed penalty had, then at our ziri penalty would be more amenable to suspension, if it is in the best interest
of the Muslims. And that is what I believe that this punishment should be suspended. At the same time, I also believe that
Muslim communities will have to figure out ways of using soft power, not hard power
to prevent and soft power can sometimes be stronger and more effective than hard power, but they have to use soft power to prevent the defection. And
because you have basically military and cultural incursions into Muslim countries all the time, this this sort of main lines of Islam, they happen to be in the middle of the world. They're always interested in that reason. There is all there they have been always encouraged us military and economic, cultural, etc. And that reason and they have to figure out ways of protecting their Deen and the sacredness of their Deen and the position and the status of the place of their Deen in the public space.
So they it needs some
But that's my position, I guess on the issue of Apostasy. I hope that I covered everything I wanted to say. Every time you know, whenever we discuss things like an RT on my way home on Mesa, Oh, I forgot to say this. But anyway, hopefully this covers everything and then there will be room in the q&a session to address issues that have not been addressed.