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Tuesday, February 18, 2014

Dought & clear, -Why should a person who disbelieves after becoming Muslim be executed?.












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- The punishment for the apostate is execution. Why such harshness?.
Praise be to Allaah.
The punishment for apostasy from the religion of Islam is execution. Allaah says (interpretation of the meaning):
“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”
[al-Baqarah 2:217]
And it was proven that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever changes his religion, execute him.” Narrated by al-Bukhaari in hisSaheeh. What this hadeeth means is that whoever leaves Islam and changes to another religion and persists in that and does not repent, is to be executed. It was also proven that the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible to shed the blood of a person who bears witness that there is no god but Allaah and that I am the Messenger of Allaah except in three cases: a life for a life, a previously-married person who commits adultery, and one who leaves Islam and forsakes the jamaa’ah.” Narrated by al-Bukhaari and Muslim.
This harsh punishment is for a number of reasons:
1 – This punishment is a deterrent to anyone who wants to enter Islam just to follow the crowd or for hypocritical purposes. This will motivate him to examine the matter thoroughly and not to proceed unless he understands the consequences of that in this world and in the Hereafter. The one who announces his Islam has agreed to adhere to all the rulings of Islam of his own free will and consent, one of which rulings is that he is to be executed if he apostatizes from the faith.
2 – The one who announces his Islam has joined the jamaa’ah (main body) of the Muslims, and whoever joins the main body of the Muslims is required to be completely loyal and to support it and protect it against anything that may lead to fitnah or destroy it or cause division. Apostasy from Islam means forsaking the jamaa’ah and its divine order, and has a harmful effect on it. Execution is the greatest deterrent that will prevent people from committing such a crime.
3 – Those Muslims who are weak in faith and others who are against Islam may think that the apostate has only left Islam because of what he has found out about its real nature, because if it were the truth then he would never have turned away from it. So they learn from him all the doubts, lies and fabrications which are aimed at extinguishing the light of Islam and putting people off from it. In this case executing the apostate is obligatory, in order to protect the true religion from the defamation of the liars and to protect the faith of its adherents and remove obstacles from the path of those who are entering the faith.
4 – We also say that the death penalty exists in the modern laws of man to protect the system from disorder in some situation and to protect society against certain crimes which may cause its disintegration, such as drugs etc. If execution can serve as a deterrent to protect man-made systems, then it is more appropriate that the true religion of Allaah, which Falsehood cannot come to it from before it or behind it [cf. Fussilat 41:42], and which is all goodness, happiness and tranquility in this world and in the Hereafter should punish those who commit acts of aggression against it and seek to extinguish its light and defame its image, and who fabricate lies against it to justify their apostasy and deviation.-
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Dought & clear, -What is the difference between compensation (diyah) and theft (sariqah) when it comes to the hand?.











What is the reason why the hand may be cut off for stealing one-quarter of a dinar but the diyah (compensation) for the hand [in cases of injury etc.] may be 500 dinars?
Ibn al-Qayyim said:
The fact that the hand may be cut off for stealing one-quarter of a dinar but the diyah (compensation) for the hand [in cases of injury etc.] may be 500 dinars serves a great interest, and there is a great deal of wisdom behind this. It serves to take precautions concerning two things, people’s wealth and people’s limbs. Cutting off the hand in the case of theft of a quarter of a dinar is to protect people’s wealth. Making the diyah for injury to the hand 500 dinars is to protect and preserve people’s limbs. One of the heretics raised this question and mentioned it in two verses of poetry, saying:
“A hand receives five hundred dinars’ compensation, so why can it be chopped off for one-quarter of a dinar?
This is a contradiction we can only keep quiet about, and we seek the protection of our Lord from disgrace.”
One of the fuqahaa’ answered him by saying that the hand is precious so long as it is honest, but when it becomes dishonest it becomes worthless. And the poet mentioned it by saying:
“A hand receives five hundred dinars’ compensation, so why can it be chopped off for one-quarter of a dinar?
Protection against physical aggression makes the hand precious, but the hand becomes worthless when it becomes dishonest.”
And it was narrated that al-Shaafa’i responded by saying in verse:
“There is aggression against the hand, therefore it is precious, but here the hand is the wrongdoer, so it becomes insignificant in the sight of the Creator.”
A’laam al-Muwaqqi’een, 2/49, 50.








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Dought & clear, -Does this hadeeth contradict the principle of equality and justice in Islam?.











- following hadeeth, which was narrated by Abu Dawood and others: “Forgive the people of good character for their mistakes”? I have read that some people are not sure about it because it contradicts the Qur’aan and its verses which call for equality and justice.-

-Praise be to Allaah.
This hadeeth was narrated by Imam Ahmad, Abu Dawood, al-Nasaa’i, al-Bayhaqi and others from ‘Aa’ishah (may Allaah be pleased with her), who said that the Prophet (peace and blessings of Allaah be upon him) said: “Forgive the people of good character for their mistakes, except in cases of hadd punishments.”
It has other isnaads which are not free of faults, but when taken together render the hadeeth hasan.
What is meant by the hadeeth is that it is recommended not to take people of good character to task if they slip up or make mistakes which are out of character, except in cases where a hadd punishment is required and news of the sin reaches the ruler, in which case the hadd punishment must be carried out.
What is meant by “people of good character” is ordinary people who possess an honourable attitude and other praiseworthy characteristics, those who are always obedient and are known for their good character, but who may slip sometimes and commit sins. This meaning was narrated by Ibn al-Qayyim (may Allaah have mercy on him) who said: The Prophet (peace and blessings of Allaah be upon him) did not call the pious who worship a great deal “people of good character” and this phrase is not used in the words of Allaah or His Messenger to describe the obedient and pious. It seems that it refers to those who are respected among the people for their status and high position. Allaah has singled them out for a kind of honour above others of their kind, meaning that if a person is modest and of good character, but then he slips up and the Shaytaan overpowers him briefly (and makes him do something out of character), we should not hasten to rebuke him and punish him, rather his mistake should be forgiven, provided that it does not involve transgressing one of the sacred limits of Allaah (for which a hadd punishment is required), because the hadd punishment must be carried out regardless of whether the one who deserves it is regarded as honourable or ignoble. The Prophet (peace and blessings of Allaah be upon him) said: “Those who came before you were destroyed because if a nobleman among them stole they would let him off, but if a weak and insignificant person stole they would carry out the punishment on him. By Allaah, if Faatimah the daughter of Muhammad were to steal, I would cut off her hand.” Saheeh – agreed upon. This highlights one of the wonderful aspects of this perfect sharee’ah.
End quote.
From the above it may be understood that the meaning of this hadeeth does not contradict the principle of equality and justice in Islam, rather it encourages overlooking sins and mistakes that are not subject to hadd punishments if they are committed by people who do not ordinarily do such things, and if not imposing a ta’zeer punishment will not lead to further trouble.
Fataawa al-Lajnah al-‘Daa’imah, 22/18-22. -
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