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FQP22 Fiqh of Penalties – Continuation of Ruling of the Apostate
Channel: Hatem al-Haj
Series: Hatem al-Haj - Fiqh of Penalties
File Size: 44.95MB
Episode Transcript ©
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Okay, should you start
Well, we promised to finish
after the chapter of a motel. We did not finish the chapter, we only we did finish the ruling of the mortality or the ruling of the apostate.
book carbon Honda, which is a competitive primer written by the Magna Kodama died in the year 620. After hedger,
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 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 of conscience. Sometimes they're authors, they're writers, they're historians, and philosophers. They are not mobs, you know, basically, 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 that 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 in 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. One, two,
Three Four of this this course for different directions in this this course, one is the sort of the unfilter this course 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 books. If you are hanafy then you're gonna implemented your way if you're hamady 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
a punishment for violent
and that's the direction of some as well. So, there are scholars who, you know, who 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 hard
Therefore, it is subject to suspension.
And that is based on basically an understanding of reality's
risk benefit ratio and things of that nature. These are the four different positions, any other position, when 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.
And Sanford says
is a basically, every generation would have
to have a demon qualified to do 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 candidates are most are also of the most well versed in the text. The Prophet sallallahu Sallam said the tournament probably faded but he they said they speak the speech of the best people you've seen when
they speak well, but the they act that sort of
wrongly or that they their actions are evil.
Their understanding their sentences eventually. On
the other hand, who said carry metal How can read a bit about some word of truth that is in
with which even its intended or false what is intended for some reason
And 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 the realities that well basically
realize these monitor these objectives of the text in
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 monetary and 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 Jihad as well, it is important that you don't feel ashamed or embarrassed of your the Avi or 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 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 Quran that you can find the punishment of Apostasy and the couple of Hadees 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 trauma, the trauma me
to 37 chapter 17 versus 37, 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 worshiped, 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 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 whoo so we can talk about the scriptures but people say you know, guys always talk about the scriptures. We don't care. It's, 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. This 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. The
A story that the Bible tells us.
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 play 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 is more Jonah,
Allah is Allah etc, etc. So
they were the heretics were actually forced to confess.
And in the history of the Inquisition, there are many atrocities committed against those people. And it would look 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 for talking to me, 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 principle
is a school teacher who was executed for allegedly preaching deism for allegedly preaching the ISM. So, the apostasy scripturally you will find more about the punishment of Apostasy in the Bible than you can find anywhere in our scriptures nopparat 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 inshallah, in the next chapter of jihad.
Now, in our tradition in our scriptures, let's discuss the scriptures and discuss the tradition now and then before we talk about the contemporary discourse, so let us discuss this captures 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
the strongest of all,
in favor of manbat della Dena, whoever changes his religion that is what a mount gonna put down and when we went over the punishment for apostasy in the home that that's the only Hadith 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
so that the blood of a Muslim is enviable except in three conditions and one of them is at adequate add and malaria put into your 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
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.
Have you thought
of the blind man who had
the mother of his child or more or the or the mother of his children who came there and we said that this Hades
called Oh, although chain wise may be stronger than the hadith of Amaro man, it's reported by up with a road but
you know, the man has some and 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.
Then what else would you call it in favor of?
No and certainly we should do this here. Okay, what else would you quote? This is the frontier the man who I can't remember his name, but he he repented he went to MCC and he's the only one who was killed in
I can't remember his name.
The cattle cattle Okay.
One person will get that
yeah. So he was killed in Makkah.
He was killed because he deceived the Prophet
the prophet SAW them said
no, he was not killed by the way he was actually he
became actually commander in an army
But anyway, the very fact that the prophets are set up to do an attack but these are different issue 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 against that?
Okay, so like after the
there is no compulsion in religion
on the statement Hello Paul Roman doesn't it's not meant to be included. But Allah Muhammad what is the punishment?
vast majority agree that it is okay. So so you want to say that you are reporting the edge now here you are citing that now. 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 that and we know that the agreement of the four mazahub is that the punishment of Apostasy is that's for the man and the Hanafi cert for the woman it is imprisonment. Okay.
But scripture on the What else would you quote here? But how?
conference after Yamanaka in South Korea
and South Africa men
in South Africa
Say the truth is from your Lord so let him he wants to believe believe and let him who wants to disbelief disbelief
and so nothing is here. Perfect and Amanda was here last time.
You saw remind you're only a reminder you're not
Dominator over them.
So what else would you quote here?
There is some others like concern about the necessities as you're doing.
Home could learn how to do it and fitness your kids Sophie.
from Santa Monica Friday on Proko
All isotopic to warm welcome to another camaleon Sultana movie, you will find others that want to be to earn safety from you or any medical medical mom
to basically be secure around you and around there are people who love murder and rocky Sophia. 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.
Allah said for me, Arthur zero como la comme cela Miko for a DM Fukudome Octomom.
So if they don't, basically
Yata zero calm meaning it is sort of separate from you.
While you're in a coma salon, and give you peace, when you 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 filming makalah with a divergent application? What if they
as a locum What if 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 variance into our analysis. So what else would you quote in terms of
Yeah, we'll come to the questions and answers we want to but if you want to quote quote, just 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, wa
Taala. So fear Allah, O Muhammad, and be just this the vision is not a division 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 Prophet sallallahu Sallam 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, doesn't like to peel off his bio shut out with contracts like if you if you are
absorbed, absorb, absorb, absorb, okay, absorbed me. Good. That's good. It was all me from this contract from this by offering this pledge.
And the prophets Allah celebrate views, 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,
then fee, Sabbath.
Why on Sol
So Medina is like the furnace of the blacksmith. It removes its impurities and lets good shine or let's it's good Chinese.
And then we have the story of academia where they were talking to the professors, and about the people who would leave the 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 said menza Min, lie him Avada Allah
From India and
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 hobbies or marijuana 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 excerpt lesson and authentic
called the rest, you could find ways to interpret them in a way that will be reconciled with this hobbies
in a way that would be reconciled with his hobbies.
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 foreigners I have thus far the man according to the forum, as I have and 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 Omar
and Abraham and NACA,
And so pianos
that their punishment is indefinite as the tab
to seek the repentance in definitely the seek the repentance and definitely these are good. 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 have the four lane actions in the contemporary discourse are valid and applicable.
and applicable nowadays,
not? Not always inapplicable, but let's say valid ethics, that's what this what this position is not it's not saying this is early 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 from the because it means anyone who leaves is the end, like if you became Christian, you can well, if a Christian became Muslim, you also kept him
because he changes them.
So it's our complete understanding. You know, it is a funny understanding.
But they're saying that this is this hobby is inconsistent, because it's just basically about anyone changing their religion. What about they change the religion to a better religion? What about a pagan became Jew? What about you know?
So, what if they change their religion? And so that's the position, the this one, the deniers would say this applies
To submission, it does not apply to an actually a mandamus. Although it does not deny that it applies to apostasy. But he uses also to say it applies to Satish sedition
emphatically jamaah. He who basically leaves abandons or separates from the community through video and submission.
They will say these are not authentic, they will say we have this we have this we have this we have this. So, as So, these are the deniers.
The problem here is that the problem here is 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 that 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 form of reportage now, and Hadith in Bukhari and Hades, you know, that is reported by you know, except for
Makati and Hadees. 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 will shake the foundation of the hermeneutic consistent all of the harmony with the 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 reconciled all of this is to qualify that apostasy. So if we can keep this like Rafa Dean, we can keep provincial, government financial for the act for and we can call this punishment applicable to violent apostasy using this particular qualifier. And that's how the thermofax, Zuma was separated from the MA, she
gives a context to this. And he says, to this position, and he says that during the time of the prophets, I was out of them
proselytizing meant, you know, joining price, if there were two camps, you apostatize it means that you're joining the warring camp, and that camp that is in at war with the believers, that is what it meant, it really is what it is what it meant. You did not have to stay in Medina, basically, in Bosnia to write books about, you know,
Islam and stuff will refute Islam by writing books, the opposite is and you left for my or your 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 the field, 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 a that's an opposition to the agreement of the former head. 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 Sophia, 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
The best synthesis that would bring things together is to say that this is a valid thing. But it is as if it was it is it belongs to CSR, it does not belong to the head, it does not belong to fixed penalties.
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 the areas because I have to, because the others are mostly most likely others are Muslim. Now, I don't want to associate negativity to to the group of people, but anyway, the invasions,
Genghis Khan's dynasties invasions
against Muslims and so on, and
and 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 the 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 look at him.
More than that, in particular,
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 the victors. So, there is the need to have some mechanisms by which
it 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 for 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 found 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 about that 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 in 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 you 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,
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 lie.
I can outcome that is favorable for us
that 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 when hasn't been hasn't said the word of the Warren overhang was a former Santa
Clara de m&r burden 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 end the domination by the sword in the spear, 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 us.
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 Dr. Manmohan who suspended the punishment of seft because of a particular interest and it is a fixed penalty, fixed penalty had then attached xiri 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 are always interested in that reason. There is all there. There have been always incursions military, 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 and the place of their day in, 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 that you 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.