al-firaushah

Extremism isn’t Islamic Law

One of the very few topics I strongly disagree with my ustaz (religious teacher) about is the issue of what should be done with apostates. I am of the opinion that apostates should be left alone (for the most part) in this world because, as Allah (swt) says in the Qur’an, leave the punishment of the unbelievers to Him (73:11 and 74:11) as, insha’allah, any punishment of His will be far worse than anything we could do ourselves.

Today, the Washington Post has an article by Kyai Haji Abdurrahman Wahid, the former President of Indonesia on this topic that I thought is worth sharing.

For a few days this year the world’s media focused an intense spotlight on the drama of a modern-day inquisition. Abdul Rahman, a Muslim convert to Christianity, narrowly escaped the death penalty for apostasy when the Afghan government — acting under enormous international pressure — sidestepped the issue by ruling that he was insane and unfit to stand trial. This unsatisfactory ruling left unanswered a question of enormous significance: Does Islam truly require the death penalty for apostasy, and, if not, why is there so little freedom of religion in the so-called Muslim world?

The Koran and the sayings of the prophet Muhammad do not definitively address this issue. In fact, during the early history of Islam, the Agreement of Hudaibiyah between Muhammad and his rivals stipulated that any Muslim who converted out of Islam would be allowed to depart freely to join the non-Muslim community. Nevertheless, throughout much of Islamic history, Muslim governments have embraced an interpretation of Islamic law that imposes the death penalty for apostasy.

It is vital that we differentiate between the Koran, from which much of the raw material for producing Islamic law is derived, and the law itself. While its revelatory inspiration is divine, Islamic law is man-made and thus subject to human interpretation and revision. For example, in the course of Islamic history, non-Muslims have been allowed to enter Mecca and Medina. Since the time of the caliphs, however, Islamic law has been interpreted to forbid non-Muslims from entering these holy cities. The prohibition against non-Muslims entering Mecca and Medina is thus politically motivated and has no basis in the Koran or Islamic law.

In the case of Rahman, two key principles of Islamic jurisprudence come into play. First, al-umuru bi maqashidiha (”Every problem [should be addressed] in accordance with its purpose”). If a legal ordinance truly protects citizens, then it is valid and may become law. From this perspective, Rahman did not violate any law, Islamic or otherwise. Indeed, he should be protected under Islamic law, rather than threatened with death or imprisonment. The second key principle is al-hukm-u yadullu ma’a illatihi wujudan wa adaman (”The law is formulated in accordance with circumstances”). Not only can Islamic law be changed — it must be changed due to the ever-shifting circumstances of human life. Rather than take at face value assertions by extremists that their interpretation of Islamic law is eternal and unchanging, Muslims and Westerners must reject these false claims and join in the struggle to support a pluralistic and tolerant understanding of Islam.

All of humanity, whether Muslim or non-Muslim, is threatened by the forces of Islamist extremism. It is these extremists, masquerading as traditional Muslims, who angrily call for the death of Abdul Rahman or the beheading of Danish cartoonists. Their objective is raw political power and the eventual radicalization of all 1.3 billion Muslims worldwide. Western involvement in this “struggle for the soul of Islam” is a matter of self-preservation for the West and is critical given the violent tactics and strength of radical elements in Muslim societies worldwide.

Muslim theologians must revise their understanding of Islamic law, and recognize that punishment for apostasy is merely the legacy of historical circumstances and political calculations stretching back to the early days of Islam. Such punishments run counter to the clear Koranic injunction “Let there be no compulsion in religion” (2:256).

People of goodwill of every faith and nation must unite to ensure the triumph of religious freedom and of the “right” understanding of Islam, to avert global catastrophe and spare millions of others the fate of Sudan’s great religious and political leader, Mahmoud Muhammad Taha, who was executed on a false charge of apostasy. The millions of victims of “jihadist” violence in Sudan — whose numbers continue to rise every day — would have been spared if Taha’s vision of Islam had triumphed instead of that of the extremists.

The greatest challenge facing the contemporary Muslim world is to bring our limited, human understanding of Islamic law into harmony with its divine spirit — in order to reflect God’s mercy and compassion, and to bring the blessings of peace, justice and tolerance to a suffering world.

The writer is a former president of Indonesia. From 1984 to 1999 he directed the Nadhlatul Ulama, the world’s largest Muslim organization. He serves as senior adviser and board member to LibForAll Foundation, an Indonesian- and U.S.-based nonprofit that works to reduce religious extremism and terrorism.

Some more comments regarding apostasy…

This is more of a conversation I have had regarding the topic of apostasy. The Non-Muslim Lost Budgie appears to be the type of Christian who assumes that Muslims would convert in droves to Christianity if only they didn’t fear being executed by other Muslims for apostasy. In fact, I believe Ann’s comments (mentioned and linked at the very end of this post) are quite true.

Lost Budgie wrote: “Unfortunately, many Islamic scholars do not share your interpretation of Islamic scriptures and laws.”

And many do. Read my last post [referring to what I have posted in my last entry on this blog].

“Whether apostates are killed by countries or individuals, the killings perfectly illustrate that this interpretation of Islam is held by many of the faith.”

Many people of all faiths will have different interpretations regarding their religions. Some interpretations are held in ignorance; others are held as a result of correct study. Christians and Jews all supposedly follow the Ten Commandments, but that doesn’t mean that they obey them (particularly the sixth).

“(For a tiny sample of what can be found on the web, click here for the photos and names of ten Iranian women who were all hung together for apostasy in 1983. Many since that time, of course. This was just a busy day.)”

Personally, I don’t agree that these women were apostates; I believe they were murdered for following a different religion (their murders I condemn). If you want to argue that Baha’i’s are Muslims (and thus apostates), then you’re following a Shi’a perspective, which I don’t think many people around the world (including Sunni Muslims) would agree with.

“References? Well, let’s start with Abul Ala Mawdudi and his book “The Punishment of the Apostate according to Islamic Law”. An English translation can be found here.

“Mr. Mawdudi was, of course, a founding father of Pakistan and has been described as ‘the most widely read Muslim author of the 20th Century, contributing immensely to the contemporary resurgence of Islamic ideas, feelings and activity all over the world.’”

This is one person’s view on the topic and, as such, doesn’t carry much weight within the Islamic community. Even if Mawdudi’s work is accepted within one of the madhab, that doesn’t necessarily mean that any of the other madhab would also accept it.

“Mr. Mawdudi also provided the introduction to A. Yusuf Ali’s ‘The Holy Qur’an, Translation and Commentary’.”

Not in any of the three volumes my wife and I have of Yusuf Ali’s translation (including original version and revised). Not that, even if Mawdudi’s introduction appears in some limited edition printings of Yusuf Ali’s translation, would his work make a speck of difference.

“On the web today, you can find many Islamic websites that agree with the position that apostates should be killed. Try here or here to start.”

You do know that you can’t always trust what you read on the Internet, right? Why are you bringing up non-scholarly works?

“So JD…. you disagree with Mr. Mawdudi and others who hold the position that both the Koran and Hadith command (ie: COMMAND, not “recommend”) the execution of Muslim apostates.”

You obviously didn’t read my earlier post or the article I linked to. The Qur’an forbids the execution of apostates. The one hadith that supposedly forms the basis for the execution of apostates is, in fact, ignored for the imposition of a death penalty for apostates. As the article I linked to pointed out, “The Shari’ah has not fixed any punishment for apostasy.” Just because other people may think differently doesn’t mean that they’re correct or that their thoughts supercede the Qur’an.

“Respectfully, I point out that the disagreement on this issue between Muslims of good faith well illustrates the problem confronting modern-moderate Muslims as they try to reconcile the foundations of Islam with contemporary living.”

You crack me up. If you think that Muslims are struggling with some sort of “reconciliation” between Islam and contemporary life, then you obviously don’t know Muslims very well. We live within the contemporary world very well, thank you very much.

In the meantime, this entire conversation about Muslim apostasy is largely moot for the most part. It rarely happens. As another Muslim on another blog recently wrote on this topic: “To be honest, this [contemporary apostasy] is not something that really comes up often. The missionaries would have you believe that this is because converts would be killed, as if masses of Muslims are yearning to be Christian, but they’re afraid. In fact, they have a very hard time converting Muslims, and when they occasionally do, it’s Muslims who are not very knowledgeable about Islam in the first place.” (Source)

Apostasy

Safiyyah’s got another comment from a non-Muslim visitor (the so-called “insta-expert,” who thinks they understand Islam after reading what are undoubtedly anti-Muslim propoganda). Anyhoo… Today’s comment was, “For instance… The Koran says that Muslims who convert to another religion must be killed. A modern-moderate Muslim has difficulty arguing against this, for to deny this is to deny the correctness of the Koran, or to admit that passages have, what, expired?”

The problem with this person’s comment, of course, is that nowhere in the Qur’an is it said that apostates are to be killed. In fact, it’s just the opposite. Allah (swt) tells us that we humans are to leave apostates alone, that not only shall Allah (swt) “punish them with a grievous penalty in this life and in the Hereafter” (9:74), but that Allah (swt) alone will punish them.

“And leave Me (alone to deal with) those in possession of the good things of life, who (yet) deny the Truth; and bear with them for a little while. With Us are Fetters (to bind them), and a Fire (to burn them), And a Food that chokes, and a Penalty Grievous.” (73:11-3)

Muslims have no problem in arguing against the false notion that apostates must be killed. A number of Muslim scholars have argued thus:

“A number of Islamic scholars from past centuries, Ibrahim al-Naka’I, Sufyan al-Thawri, Shams al-Din al-Sarakhsi, Abul Walid al-Baji and Ibn Taymiyyah, have all held that apostasy is a serious sin, but not one that requires the death penalty. In modern times, Mahmud Shaltut, Sheikh of al-Azhar, and Dr Mohammed Sayed Tantawi have concurred.” (Source)