Chapter One

 

The penalty of apostasy in the light of the Holy Qur’an

and the true practice of the Messenger.

 

First: The word "Hadd", generally interpreted to mean: "penalty" or "punishment", is used in the Holy Qur’an to mean "the truth" or "the law", not to mean punishment.

 

Second: The position of the Holy Qur’an regarding accusation of apostasy:

 

It is not permissible for a Muslim to call another "apostate", nor to set up Court of Inquisition to search in the hearts of people.

 

Third: The position of the Holy Qur’an regarding the verdict of executing someone outside the principle of: "a life for a life".

 

Fourth: The penalty of apostasy in the light of the true practice of the Messenger's.

 

 

The word "Hudood' (plural of "Hadd') is mentioned in the Holy Qur’an 14 times. In all times it meant God's rights and His Laws. It never meant "punishment" nor "penalty" as it is wrongly used in the expressions "(Hadd) the penalty of apostasy", "(Hadd) the punishment of adultery" and "applying (Hudood) the penalties of Shari'ah".

 

It occurred two times, meaning the ordinances of God and His limits as in the verse:

 

"The Arabs of the desert are worst in disbelief and hypocrisy, and most apt not to know (Hudood) the ordinances of the revelation which Allah has sent down to His Messenger" (9:97)

Similarly, in describing the attributes of the believers, God says:

 

"who enjoins good and forbid evil, and who watch

 

(Hudood) the limits set by Allah" (9:112)

 

It came once concerning the commandment of fasting in the verse:

 

"It is made lawful for you to go in unto your wives on the night of the fast, …These are (Hudood) the limits fixed by Allah, so approach them not" (2:187)

 

It came two times concerning the laws of inheritance. At the end God says:

 

"These are (Hudood) the limits set by Allah; .... And whoso disobeys Allah and His Messenger and transgresses His (Hudood) limits, He will make him enter Fire; therein shall he abide" (4:13-14)

 

It came nine times in the legislations concerning marriage and divorce:

 

Once is related to the subject of "Zehar", i.e. when a husband makes a vow to terminate the sexual relationship with his wife, which was a custom among the Arabs before Islam. Islam states that he should make an atonement before approaching his wife. At the end of the subject God says:

"... these are (Hudood) the limits prescribed by Allah" (58:4)

 

It came four times in one verse related to limiting the number of times a divorce is allowed between a husband and a wife to two times. God says:

 

"Such divorce may be pronounced twice; then, either retain them (i. e. the wives) in a becoming manner or send them away with kindness. And it is not lawful for you to take away anything of what you have given them unless both fear that they cannot observe (Hudood) the limits prescribed by Allah. But, if you fear that they cannot observe (Hudood) the limits prescribed by Allah, then it shall be no sin for either of them in what she gives to get her freedom. These are (Hudood) the limits prescribed by Allah, so transgress them not; and whoso transgresses (Hudood) the limits prescribed by Allah, it is they, that are the wrongdoers" (2:229)

 

It came twice in the following verse relating to the third divorce between a husband and a wife and the necessity that the wife should marry another person

 

"And if he divorces her a third time, then she is not lawful for him thereafter, until she marries another husband, and, if he also divorces her, then it shall be no sin for them to return to each other, provided they are sure to observe (Hudood) the limits prescribed by Allah. And these are (Hudood) the limits prescribed by Allah which He makes clear for the people who have knowledge" (2:230)

 

It also came twice forbidding to send out the divorced wife from her home before the end of the waiting period (Eddah). It says:

 

"Turn them not out of their houses, nor should they themselves leave, unless they commit an act which is manifestly foul. And these are (Hudood) the limits set by Allah; and whoso transgresses (Hudood) the limits of Allah, he indeed wrongs his own soul" (65:1)

 

These are all the places wherein the term: "Hudood" was mentioned in the Holy Qur’an. The term always meant the laws and the ordinances of God. It never meant one of the penalties prescribed in the Holy Qur’an such as the penalty of theft, adultery, murder, road-hijacking or defaming. Nothing is mentioned also about the penalties invented in the period of the Abbasyds dynasty for drinking, apostasy or for not offering prayers.

 

This proves that the clergy of the Abbasid period have fabricated certain terms which did not agree with the commandments of the Holy Qur’an.

 

It also proves that in the period of the Messenger' which was closely related to the Holy Qur’an, the term: "Hadd" was not understood to mean: "penalty", although there were many penalties mentioned in the Holy Qur’an. For example, when the Holy Qur’an stated the punishment for adultery, it did not use the expression: "Hadd of adultery". Similarly, it did not use this term to describe the penalty of other offences like theft, defaming or murder. This can be clearly verified by a study of the Holy Qur’an.

This emphasizes the essential difference between the true religion of God and the types of religions that were invented by human beings at various stages of human development.

 

God revealed His religion in a clear and pure way in order to elevate the people and uplift them. However, when humans interfere in religion, they put their fingerprint on it by infusing their own understanding. Consequently, a gap is created between the true religion and the religion of humans. They invent certain formulae for the religion they practice. Usually, the so-called "experts" of jurisprudence perform this task. It is natural then, that differences always erupt between various schools creating sectarianism. It is also natural for the gap to widen between sectarian jurisprudence and the original pure religion. Sectarian jurisprudence is influenced by social, political and psychological circumstances which may affect the founder of a sect.

 

Thus it was not strange for human jurisprudence to invent new judicial expressions not mentioned in the Holy Qur’an. Also, it was not strange for human jurisprudence to invent new penalties that contradicted the jurisprudence of the Holy Qur’an. One of such inventions is called the penalty of apostasy.

 

Before we discuss the position of Qur’anic jurisprudence with respect to the penalty of apostasy, we shall discuss the position of the Holy Qur’an towards accusing someone of being an apostate. Apostasy is the base upon which human jurisprudence has created such a penalty. In order to apply the penalty of apostasy, it is imperative to find the accused guilty of apostasy by setting up a court which tries to penetrate in his heart and mind, and then condemns his beliefs.

 

So, is it permissible for a Muslim in Islamic jurisprudence to accuse another Muslim of being an apostate?

 

This is the following topic in our discussion.

 

Second:

 

The Position of the Holy Qur’an Regarding Accusation

of Apostasy.

 

It is not permissible for a Muslim to call another

"apostate" nor to set up Court of Inquisition to search

in the hearts of people.

 

God has granted human beings freedom to believe or to disbelieve regarding His Being. The evidence supporting this fact is very clear in the life of the masses, in their attitude, words, acts and their history, past and present.

 

The Holy Qur’an, being the Word of God, contains the practical proof supporting the absolute freedom to believe or to disbelieve. This is clearly mentioned in the Qur’anic stories about the idolaters. It is also clear in the Qur’anic injunctions to conduct dialogues with the disbelievers and to convince them by logic and arguments. Had not God permitted religious freedom, such dialogues would not have been conducted and no effort would have been made to persuade them logically. Thus the Holy Qur’an emphasizes that people are free to believe or to disbelieve. On the Day of Judgment they will be held accountable for such freedom. At such time they will be asked about the consequences of their choice. God says:

 

"And say, `It is the truth from your Lord; wherefore let him who will believe, and let him, who will, disbelieve.' Verily, We have prepared for the wrongdoers a fire whose flaming canopy shall enclose them. And if they cry for help, they will be helped with water like molten lead which would scald their faces. How dreadful the drink and how evil is the Fire as a resting place!" (18:29)

In addition, the Holy Qur’an did not omit the insults of the disbelievers which they have attributed to God. For example, the Jews said:

 

"Allah is poor and we are rich" (3:181)

and they said:

 

"Allah's hand is tied up" (5:64)

 

When the disbelievers refused to accept the principle of giving alms they said:

 

"Shall we feed him whom Allah would have fed, if He had so willed" (36:47)

 

The Holy Qur’an recorded these statements and did not exclude them from the text. Such statements together with the reply, became part of the verses of the Holy Qur’an which a Muslim recites as an act of worship.

It is logical, of course, that the Holy Qur’an, being the Word of God, would refute all the statements leveled against the religion of God. This is God's right, not only because He is the Lord of mankind, their Creator and the One Who revealed His religion, but also because He deals with people on the basis of justice. He gave them the right to believe and to disbelieve, also He granted them the freedom to declare their disbelief and the freedom to attribute to Him the defects which may be in their minds, and even to fabricate and twist His words. In return, He gives Himself the right to describe them as apostates and to consider them as disobedient. It is also within His right to refute their allegations and to sanctify His Holy Being from having a son or taking a partner. These are matters that concern Him and it is He Who should refute them.

 

However, God's justice is manifest through the way He deals with various types of humans. When He condemns someone as being a disbeliever, He gives the reasons and explains the causes for disbelief. For example, when He says:

 

"Indeed, they are disbelievers who say, `Surely, Allah is the Messiah, son of Mary'…They surely disbelieve who say, `Allah is the third of three' (5:72-73)

 

He does not condemn everyone among the Christians as being a disbeliever, but only those who subscribe to such beliefs. In the meantime, He considers those who believe in Him and the Last Day and do good works from among the believers, the Jews, the Christians and the Sab'ians, to be His friends who should have no fear nor should they feel any sorrow. He says:

 

"Surely, those who believe and the Jews and the Christians and the Sab'ians, whichever party from among these truly believes in Allah and the Last Day and does good deeds, shall have their reward with their Lord, and no fear shall come upon them, nor shall they grieve". (2:62)

 

Also God says:

 

"Surely, those who have believed, and the Jews, and the Sab'ians, and the Christians; whoso believes in Allah and the Last Day and do good deeds, on them shall come no fear, nor shall they grieve". (5:69)

 

which means that God is not biased towards or against anyone. Thus whoever believes in Him and in the Last Day and do good works then such a person is considered to be God's friend whose abode is Paradise, but whoever attributes a son to Him or takes a partner beside Him, then God considers such a person to be a disbeliever.

 

This is what belongs to Him. He is the One Who revealed the religion. He is the King of the Day of Judgment, and He is the One Who can categorize people as believers if they adopt true beliefs, or consider them as disbelievers if they chose to subscribe to false and wrong beliefs.

 

God did not give anyone the right to pass judgment over other people or condemn them as disbelievers. Hence He commands the believers to reason with others using wisdom and good advice, without any feeling of superiority and without condemning others, leaving judgment for God on the Day of Judgment. This was the commandments given to the Seal of the Prophets.

 

Let us take some Qur’anic examples:

 

God commands that dialogue with the People of the Book (i.e. the Jews and the Christians) should be conducted in the best manner. He says:

 

"And argue not with the People of the Book except with what is best; but argue not at all with such of them as are unjust. And say, `We believe in that which has been revealed to us and that which has been revealed to you; and our God and your God is One, and to Him we submit' (29:46)

 

Thus arguing with the People of the Book is forbidden except if it is conducted in the best manner, that is to say, if an objective discussion using reason and arguments is carried out without hurting their feelings. However, those whom are described as: [those who are unjust], there should be no discussion with them, so that the discussion may not develop into exchange of insults. God has forbidden any argument which may result in exchange of insults. He says:

 

"And revile not those whom they call upon beside Allah, lest they, out of spite, revile Allah in their ignorance". (6:108)

 

As for those who are unjust , or the fanatics, as we call them by our present terminology, God commands the Prophet:

 

"And if they contend with thee, say, `Allah knows best what you do; Allah will judge between you on the Day of Resurrection concerning that about which you differ'. (22:68-69)

 

which means that there is no point in holding a useless discussion with the fanatics. It is better that a believer should leave such people alone. This is the attitude which behooves a believer. God says concerning the behavior of the believers towards those fanatics who commit excesses:

 

"And when they hear idle talk, they turn away from it and say, `For us our works and for you your works. Peace be upon you. We have no concern with the ignorant' (28:55)

 

This verse was revealed concerning the believers among the People of the Book. It provides the best method of having a dialogue or conducting a discussion in the best manner. It also provides the proper attitude regarding avoiding having an idle talk with the fanatics.

 

Thus conducting a discussion "in the best manner" is the feature that should be present in every discussion between the believers in the Holy Qur’an and the believers among the People of the Book. This is the meaning of the verse:

 

"And argue not with the People of the Book except with what is best; but argue not at all with such of them as are unjust". (29:46)

 

In order that a Muslim should not fall in the pitfall of accusing the People of the Book of being disbelievers, the Holy Qur’an defines the manner of the dialogue between the two sides, thus says God:

 

"And say, `We believe in that which has been revealed to us and that which has been revealed to you; and our God and your God is One, and to Him we submit'. (29:46)

 

which means that both of us believe together in One God; and we believe in what was revealed to you and what was revealed to us; and we have submitted to God. He did not say: `and say you are disbelievers', because it is forbidden for a Muslim to accuse someone else of being a disbeliever.

 

Similarly, it is not mentioned that a believer should quote in his discussion with the People of the Book the words which the Lord of Glory has used to condemn those who claim that God is third of three or those who claim that God is Jesus son of Mary, because those were the words He chose for Himself to condemn their claims. As for us, we are not to argue except in the best manner and leave condemnation, related to matters of faith, for God on the Day of Judgment.

 

It is mentioned in the third chapter of the Holy Qur’an, "Surat Aal-Imran", the facts about the birth of Jesus" and also about his mission, following which God says:

 

"That is what We recite unto thee of the Signs and the Reminder, full of wisdom. Surely, the case of Jesus with Allah is like the case of Adam. He created him out of dust, then He said to him, `Be', and he was. This is the truth from thy Lord, so be thou not of those who doubt". (3:58-60)

 

After this clarification about the humanity of the Messiah and about his message, what should be the position of the Holy Prophet when the People of the Book come to argue with him? Should he accuse them of disbelief? Should he call them names or condemn them as being misguided? Should he threaten them to be among the dwellers of Hell?

 

Let us read the following verse to know the answer to these questions, keeping in mind that the chapter of the Holy Qur’an containing this verse has been revealed in Medina during the time when the Muslims have established their state and gained power. It says:

 

"Now whoso disputes with thee concerning him, after what has come to thee of knowledge, say to him, `Come, let us call our sons and your sons, and our women and your women, and our people and your people; then let us pray fervently and invoke the curse of Allah on those who lie". (3:61)

 

which means that whoever argues with you about the nature of the Messiah after what has been revealed to you of the knowledge contained in the Qur’an, then you should call them to participate in a "Mubahala", i.e. a prayer duel, in which both parties should put the whole matter before God. Such prayer duel should be performed by both parties, calling women and children. Both sides should pray to God that He may curse the side that lies. The Holy Qur’an did not tell the Prophet that if they argued with you then condemn them as misguided disbelievers whose abode is Hell. No, only to pray to God that His curse should fall upon the side that lies. Naturally, every side believes to be truthful.

 

This means that the decision should be left to God Who is the only One Who has the right to call anyone among His servants as a believer or a disbeliever, but the Prophet does not have this right of his own.

 

Thus the Holy Qur’an defines the appropriate manner which Muslims should follow in their discussions with the People of the Book. It instructs the Prophet to say:

 

Say, `O People of the Book! come to a word equal between us and you - that we worship none but Allah, and that we associate no partner with Him, and that some of us take not others for Lords beside Allah'. But if they turn away, then say, `Bear witness that we have submitted to God'. (3:64)

 

This is the highly appropriate manner which should be followed by Muslims when inviting the People of the Book to a word equal between both sides, to which they should commit themselves: Worship God alone without setting any partner with Him and without setting "Priesthood" and making gods out of humans. If they refused such a commitment then the Muslims should not accuse them of disbelief, nor should they talk on their behalf, nor should they pass any judgment over them on behalf of God, but only to say: Bear witness that we have submitted ourselves to God alone.

 

The Holy Qur’an did not say: If they turn away then bear witness that we have submitted to God but you are disbelievers. It is not within the right of a Muslim to accuse other people of being disbelievers. It is enough for a Muslim to declare his submission to God. It is a great honor for him to be indeed submissive to God.

 

In conclusion, it is only within the right of God alone to say about some of the People of the Book:

"Indeed, they are disbelievers who say, `Allah, He is the Messiah, son of Mary' (5:72)

Similarly, it is He alone Who has the right to say about the People of the Book:

 

"They are not all alike. Among the People of the Book there is a party who stand by their covenant; they recite the Word of Allah in the hours of night and prostrate themselves before Him. They believe in Allah and the Last Day, and enjoin good and forbid evil, and hasten to vie with one another in good works. And these are among the righteous." (3:113-114)

 

It is God alone Who:

 

"He knows the treachery of the eyes and what the breasts conceal". (40:19)

 

In addition, it is God alone Who knows best the true faith in the bosoms of individuals, sects and nations. He says:

 

"And Allah knows your faith best; you are all one from another". (4:25)

 

As for us, human beings, it is imperative that we should follow the commandments of God if we consider ourselves to be true believers. Accordingly, we should not tell other people anything except that which is good, as God says:

 

"And speak to people kindly" (2:83)

 

This also means to argue with them in the best manner. Is there anything more wonderful than what God has mentioned concerning the principles of inviting other people to the way of God and conducting a discussion with them than what He has said:

 

"And who is better in speech than he who invites people to Allah and does righteous deeds and says, `I am, surely, of those who submit'? And good and evil are not alike. Repel evil with that which is best. And lo, he, between whom and thyself was enmity, will become as though he were a warm friend". (41:33-34)

 

It may be argued, though, that God has commanded His Messenger to say:

 

"Say, `O ye disbelievers! I worship not as you worship'. (109:1-2)

 

which means that the Prophet can call them disbelievers, and tell them: "O ye disbelievers".

 

The answer is that the enemies of the Prophet' in Mecca took much pride in opposing him and declared openly their disbelief, thus calling them "disbelievers" was not insulting to them in any way. It was they who used to accuse the Prophet of lying, of using magic and of madness. It was they who considered it a crime worthy of persecution and war, to believe in the Holy Qur’an.

 

Thus telling them: "O ye disbelievers" did not imply hurting their feelings, but it was a statement which they liked and took pride in. What is important is that the essence of his address to them emphasized the freedom of conscience which was specified at the end of the same Sura:

 

"For you, your religion, and for me, my religion". (109:6)

 

What is more important is the etiquette established for conducting a dialogue with those who used to take pride in their disbelief and considered it a crime to believe in God and His Messenger. Such etiquette excluded accusing them of being misguided and consequently condemning them to Hell.

 

Let us read the Qur’anic statements which God revealed to His Messenger about conducting such a dialogue with those people:

 

"Say, `Who gives you sustenance from the heavens and the earth'? Say. `Allah. Either we or you are on right guidance or in manifest error'. (34:24)

 

Thus God did not command His Messenger to tell the idolaters in a course of an argument: "I am on the right way and you are in manifest misguidance", but God commanded him to say that one party among us is rightly guided and the other is manifestly misguided.

 

Then the immediately following verse explains:

 

"Say, `You will not be questioned as to our sins, nor shall we be questioned as to what you do'. (34:25)

 

In other words, God did not command the Prophet to tell the opponents: you are not responsible for our sins nor are we responsible for your sins. He was commanded to attribute the sins to himself, though he was the Prophet. However, he should not attribute to the idolaters but their works.

 

To such extent the etiquette of conducting a dialogue with the disbelievers was clearly defined, even when such a dialogue was to be conducted with the idolaters who were bitter opponents. Hence, the verse immediately following states:

 

"Say, `Our Lord will bring us all together; then he will he judge between us with truth, and He is the Best Judge, the All-Knowing". (34:26)

 

which means that the Prophet should leave the final verdict to God on the Day of Judgment.

 

This was regarding how the Prophet should conduct a discussion with the idolaters.

 

It was not for him to accuse his enemies of disbelief. Similarly, it was not for him to accuse any Muslim of disbelief.

 

Consequently, anyone who accuses another of being a disbeliever puts himself above the Prophet. He even takes for himself the right of God.

 

It is in the nature of Priesthood to talk on behalf of God. Therefore, wherever there is a Priesthood there is always accusation of others of disbelief and setting up of Inquisition Courts. In Islam there is no such a Priesthood. Let us remember that God invited the People of the Book to discard Priesthood when He said:

 

"Say, `O People of the Book! come to a word equal between us and you - that we worship non but Allah, and that we associate no partner with him, and that some of us take not others for Lords beside Allah'. But if they turn away, then say, `Bear witness that we have submitted to God' . (3:64)

 

This is the reality of Islam. There is no room for gods or priesthood or intermediaries. However, the reality of Muslim history is different. They obeyed their scholars, saints and "imams" as if they were gods. It became a taboo to criticize their opinions. Any criticism directed to any of them was taken to be an attack against Islam itself. This is the same concept of the priests who consider themselves and their leaders to be the only representatives of the faith and the only authority that has the right to speak on its behalf.

 

Therefore, in order to do justice to Islam, it is our obligation and duty to defend it against the deeds of the Muslims which contradict the beloved Book of God.

 

The danger of "Priesthood" is that when it accuses someone of disbelief, it sets up (Inquisition Courts) and passes a judgment to execute him. This is another contradiction to the Law of the Holy Qur’an. The Prophet' himself has never set up Inquisition Courts for the hypocrites in Al-Medina when he lived there as the sole and obeyed ruler. The hypocrites represented religious and political opposition. They used to plot against him in times of war and peace, which in any present democratic society, a government would have the right to put them on trial for committing crimes equivalent to high treason.

 

Let us take some examples from the Holy Qur’an to explain the position of the Prophet' regarding the hypocrites and the idolaters.

 

Some of them used to hasten to apostate and go back to disbelief which used to sadden the Messenger', but he did not have the right to put them on trial; nor to pass any judgment against them; nor to apply what is known now as `the penalty for apostasy'; nor to set up Inquisition Courts. All what he could do was to feel sad for such people. His Lord tells him in the Holy Qur’an:

 

"O Messenger! let not those grieve thee who hasten to fall into disbelief - those who say with their mouths, `We believe,' but their hearts believe not". (5:41)

 

God assured him that those who hastened to apostatize and went back to disbelief will have no part in the blessings of the life to come. This would be enough as their punishment. Therefore there is no need to persecute or prosecute them in this life. God says:

 

"And let not those who hasten to fall into disbelieve grieve thee; surely, they cannot harm Allah in any way. Allah desires not to assign them any portion in the life to come; and they shall have a severe punishment". (3:176)

 

An apostate cannot do any harm to God. Enough is the punishment that such a person will receive on the Day of Judgment if he or she died as an apostate. Some of the hypocrites used to exceed the limits to the degree of plotting against the Prophet and against the believers during times of war. In spite of this, the Prophet did not set up Inquisition Courts.

 

Pointing to the plots they used to plan against the Prophet, God says:

 

"And they say: `Obedience is our guiding principle;' but when they go forth from thy presence, a section of them spends the night scheming against what thou hast said. Allah records whatever they scheme by night. So turn away from them, and put thy trust in Allah. And sufficient is Allah as a Disposer of affairs". (4:81)

 

They used to offer the Prophet a lip service and appeared before him to be obedient. When they went to have a meeting with him they declared their obedience, but as soon as they departed from his presence they started plotting against him. They spread lies and fabrications against him. However, when God informed His Messenger of their plots and recorded their hostile attitude, He commanded the Prophet to turn away from them, and to put his trust in God alone Who is Sufficient for him as a Disposer of Affairs. His Lord did not tell him to set up Inquisition Courts for them, nor to condemn them as apostates and pass a judgment against them to execute them for the crime of apostatizing or for committing high treason.

 

In difficult times, such hypocrites used to plot against the Muslims and the Prophet, particularly in time of battles of wars with the idolaters, which in present times is considered to be high treason. They used to oscillate in their loyalty between the Muslims and the idolaters. They joined the victor among the two sides. Thus God says about them:

 

"Those who await your ruin. If you have a victory from Allah, they say, `Were we not with you?' And if the disbelievers have a share of it, they say to them, `Did we not on a previous occasion get the better of you and save you from the believers?' Allah will judge between you on the Day of Resurrection, and Allah will not grant the disbelievers a way to prevail against the believers". (4:141)

 

Yes, God tells the Prophet and the believers:

 

"Allah will judge between you on the Day of Resurrection" (4:141)

 

which means that the final judgment is postponed until the Day of Judgment, because there is no room in a true Muslim state to set up any type of Court of Inquisition. Similarly, in no place in the true and pure Law of Islam is there such a penalty called `a penalty for apostasy'. Had there been any penalty for apostasy, the Prophet would have been the first to apply such a penalty against the hypocrites who were described by the Lord of Glory:

 

"The hypocrites shall surely be in the lowest depths of the Fire, and thou shalt find no helper for them". (4:145)

 

The postponement of the final judgment until the Day of Judgment regarding matters related to faith and the rights of God is one of the principles clearly mentioned in the Holy Qur’an. Such a principle is considered to be one of the important features of a true religion in the realm of belief in God and belief in the Last Day.

 

This is what has been revealed in divine messages and what has been emphasized by various prophets and messengers sent by God. It is also what God has explained in the Holy Qur’an.

 

God told Jesus Son of Mary:

 

"O Jesus, I will cause thee to die and will exalt thee to Myself, and will clear thee of the charges of those who disbelieve, and will place those who follow thee above those who disbelieve, until the Day of Resurrection, then to Me shall be your return, and I will judge between you concerning that wherein you differ". (3:55)

 

Clearly it is only God Who will judge between the Christians concerning the differences that have erupted between them. Such judgment will take place on the Day of Judgment. Had they believed in this, they would not have set up Court of Inquisition nor would they have burnt people at the stake accusing them of apostasy and heresy.

 

Similarly God says about the Jewish People:

 

"The punishment for profaning the Sabbath was imposed only on those who had differed about it and thy Lord will surely judge between them on the Day of Resurrection concerning that wherein they differed". (16:124)

 

Evidently, it is only God Who will judge between the Jews concerning the differences between them. Such judgment will also take place on the Day of Resurrection.

 

The idolaters from Quraish as well as other idolaters have disbelieved in the Holy Qur’an and denied the sanctity of this divine Book. Their judgment is also postponed till the Day of Judgment which is called also "The Day of Deen", when all the kingdom shall manifestly belong to God alone. It is only He Who has revealed this Deen, (i.e. religion). He is also the King of the Day of Judgment. Thus God says about those who disbelieved in the Holy Qur’an:

 

"And those who disbelieve will not cease to be in doubt about it until the Hour comes suddenly upon them, or there comes to them the punishment of a destructive day. The Kingdom on that day shall be Allah's. He will judge between them". (22:55)

 

When they used to come to the Messenger of God and argue with him in the worst manner, God told him:

 

"And if they contend with thee, say, `Allah knows best what you do; Allah will judge between you and me on the Day of Resurrection concerning that about which you differ". (22:68)

 

which means that the final judgment between them and him is postponed till the Day of Judgment.

 

For this, God used to command the Messenger" to be patient until the time comes for the "True Promise", which is the Day of Judgment. On that day will be fulfilled all that God has promised His Messenger. On that day the great Court will be set up. God says:

 

"So be thou patient. Surely, the promise of Allah is bound to be fulfilled. And whatever We show thee in this life part of what We have promised them or whether We cause thee to die before the fulfillment of Our promise, to Us will they be brought back". (40:77)

 

Also God tells His Messenger:

 

"And if We show thee in thy lifetime the fulfillment of some of the things with which We have threatened them, thou wilt know it; or if We cause thee to die before that, then to Us is their return". (10:46)

 

What is unique about the Great Trial is that God is the Witness over what they do, and also He is the (Wakeel), i.e. their representative, on Whom the believers depend. Enough is He as a Witness and enough is He as a (Wakeel).

 

When a believer understands these meanings, he feels pity for those who are tempted by Satan and led into misguidance. Therefore, God commands the believers to forgive those who are misguided. He says:

 

"Tell those who believe to forgive them who persecute them and fear not the Days of Allah, that He may requite a people for what they earn. Whoso does good, does it for his own soul; and whoso does wrong, does so to its detriment. Then to your Lord will you all be brought back". (45:14-15)

 

When a believer reflects upon the punishment awaiting the misguided in the life to come, then the pity he feels for them changes to pardon and forgiveness. A believer will never think of persecuting them nor of bringing them to trial. God says:

 

"And the Hour is sure to come. So do thou forebear with goodly forbearance". (15:85)

 

How can anyone compare these highly noble commandments to the demand of those fanatics who call for setting up of Inquisition Courts?

 

Some of those who are overenthusiastic religious zealots raise their voices accusing others of apostasy. Such people should better raise their prayers towards heaven. These prayers were raised during the time in which the Holy Qur’an was being sent down and are being raised now. The Holy Qur’an condemns the attitude of such over-enthusiastic religious zealots:

 

`We call to witness the Prophet's repeated cry: `O my Lord! these are a people who will not believe'. And Our reply was, `So turn aside from them, and say, `Peace'. And soon shall they know". (43:88-89)

 

Thus the proper reply to such people is to say: `Peace' and to forgive them. They will realize the truth on the Day of Judgment.

 

To set up Court of Inquisition to judge people based on their beliefs and to watch over the whispers of their hearts is beyond the capacity of humans. Hence such courts are unjust courts. Not only because they plagiarized one of the special rights of God Who is the Single Being able to judge over the faith and beliefs of people, and not only because such courts are against the divine Law which decreed to postpone the final judgment concerning the differences between various doctrines till the Day of Judgment, but also because such courts have been imposed upon private thoughts which are hidden in the bosoms.

 

It is only God Who knows the treachery of the eyes and what the breasts conceal. This is exactly what the Lord of Glory has said while talking about the great trial on the Day of Judgment, or the Day of Meeting, as the following verses explain:

 

"... that He may give warning of the Day of meeting. The day when they will all come forth, nothing concerning them will be hidden from Allah. `Whose is the Kingdom this day!' It is Allah's, the One, the Most Supreme. This day will every soul be requited for that which it has earned. No injustice this day! Surely, Allah is swift in reckoning. And warn them of the day that is fast approaching, when the hearts will reach up to the throats, full of suppressed grief. The wrongdoers will have no warm friend, nor any inter­cessor whose intercession would be accepted. He knows the treachery of the eyes and what the hearts conceal. And Allah judges with truth, but those upon whom they call beside Him cannot judge at all. Surely, Allah is the All-Hearing, the All-seeing". (40:15-20)

 

Thus the Day of Meeting, (At-Talaqee), is the day on which everyone will meet his Creator. It is the day when mankind will stand before the Lord of all the worlds, that is the Day of Judgment. On such day, all people shall appear for meeting with God and nothing concerning them would be concealed from Him. It is the day when it shall become manifest that all the Kingdom belongs only to Him. It is also the day when every soul will be judged according to what it has earned, when injustice will exist no more because it is God alone Who will judge with absolute justice and truth and it is He alone Who knows the unseen.

 

It is one of the features of that great day that the Lord of Glory will take account from everyone regarding their secrets. He says:

 

"On the day when secrets shall be disclosed". (86:9)

 

which means that God will examine the secrets.

 

Such a judgment will be carried out with absolute justice, because the Judge knows the secrets and what is concealed in the bosoms. This knowledge belongs only to God which He did not grant to anyone else, not even to His Messenger who was appointed as the Seal of the Prophets.

 

The Messenger did not know what was concealed in the bosoms of his Companions. Some of those who were in his company were the worst hypocrites. They got used to hypocrisy to the degree they became addicted to it, and became very crafty in the art of putting the appearance of true believers. Consequently, God says to the Prophet and to the believers:

 

"And of the desert Arabs around you some are hypocrites; and of the people of Medina also. They persist in hypocrisy. Thou knowest them not We know them". (9:101)

 

God clearly explains the situation of those who "persist in hypocrisy", pointing out: `You do not know them'. Because the knowledge of what is in the bosoms belongs only to God not to anyone else. Glory be to Him Who knows the unseen!

 

The Priesthood raises itself over and above the prophets because it claims to know what is unseen in the bosoms. It also puts itself on the same level of the Lord of Glory by judging, in the name of God, but of course falsely and calumny, whoever it differs with concerning matters of faith and belief. God tells the Prophet:

 

"And let not those who hasten to fall into disbelief grieve thee; surely, they cannot harm Allah in any way. Allah desires not to assign them any portion in the life to come; and they shall have a severe punishment". (3:176)

 

It is not for anyone to judge people in matters of belief and disbelief. These matters belong to God alone, not to anyone else, not even to His Prophet. A prophet is not responsible for anything except to deliver the message, to give glad tidings and to communicate the warnings he received from his Lord. So, when some of his followers go back on their faith and apostatize, he should not grieve himself over them. Having apostatized is a matter that does not concern him. It is a matter that concerns God, though they cannot harm God in any way by hasting to apostatize. God's decree concerning such apostates is that they should be deprived of Paradise and should be punished in hell.

 

God says to the Prophet:

 

"Admonish, therefore, for thou art but an admonisher; Thou art not appointed a keeper over them. But whoever turns away and disbelieves, Allah will punish him with the greatest punishment. Unto Us, surely, is their return. Then, surely, it is for Us to call them to account". (88:21-26)

 

To control the feelings and the emotions of other people and to watch over their beliefs is beyond the capacity of the Prophet. Therefore God told him: You are not a (Musaytir), i.e. not their keeper, their overseer, dominant over them,. Although the Prophet had political control over Al-Medina, being the head of state, yet such political control did not give him the right to have religious control over the hearts of all its inhabitants. The hypocrites were living there. As for the believers who were living in Medina, their hearts were united in love through the grace of God not through the effort of the Prophet alone. God says:

 

"And He has put affection between their hearts. If thou hast expended all that is in the earth, thou couldst not have out affection between their hearts, but Allah has put affection between them". (8:63)

 

The only one who has control over the hearts is God alone. It was His will to leave the hearts free to believe or to disbelieve, to obey or to disobey, to love or to hate. Thus God forbade the Prophet to exceed any limit in inviting people to the faith by forcing them in any way, shape or manner. He told the Prophet:

 

"And if thy Lord had enforced His Will, surely, all who are in the earth would have believed together. Wilt thou, then, force people to become believers? And no soul can believe except by the permission of Allah". (10:99-100)

 

Thus bringing them to trial and punishing them belongs to God alone. It is only He Who has this right and no one else. Whoever gives himself this right is usurping the right of God and is setting himself as a god beside God.

 

History proves that Court of Inquisition and persecution of the opponents in matters of faith always occurred during the times in which the Priesthood had control, or during the times in which people have deified other human beings such as saints, imams, clerics, priests and monks. Such phenomenon never existed during the times very close to the beginning of Islam.

 

In the time of the Messenger and the Rightly-guided Successors, the early Muslims have never had Court of Inquisition or what is called `the penalty of apostasy'. Nevertheless, persecution of religious opponents did exist at that time by the Byzantine Empire which was persecuting the Copts of Egypt for religious differences concerning the nature of the Messiah. Hence the Egyptians welcomed whole heartedly the Islamic conquest of Egypt to save themselves from the Roman's religious persecution.

 

Then the "microbes" of religious persecution were transferred to the Muslims during the periods of totalitarian control and the successors who were "un-rightly guided". There and then, the Muslims came to know the Courts of Inquisition and the penalty of apostasy for reasons that were not related to religion but in which religion itself was abused. Religion was the means by which the Priesthood had to protect its unfounded doctrines for justifying religious and political dictatorships.

 

God did not make any law for humans to punish those who hasten to apostate after they had believed, as they cannot harm God in any way:

 

"Surely, they cannot harm Allah in any way". (3:176)

 

but the religious and political Priesthood hasten to persecute and punish its opponents because such opponents can do it a lot of harm.

 

Usually, Priesthood exists on basis that are illogical. It often sets itself to oppose truth and to contradict the true religion of God. Whenever Priesthood looses the battle of logic and reason then the only way left is to resort to use of force. Thus the Priesthood appoints a judgment day before the Judgment Day of God and sets up Court of Inquisition before the final day in which everyone will give account for his/her actions. The Priesthood claims to rule and judge in the name of God while in reality it usurps His right.

 

Setting up laws for Court of Inquisition under the pretext of "Asking the apostate to repent":

 

They gave themselves the right to ask people to repent in front of them, though repentance is not permitted except before God alone. It is only God Who accepts repentance of a person who sincerely repents to Him. God did not give anyone else the right to accept repentance.

 

God tells the believers:

 

"And turn ye to Allah all together, O believers". (24:31)

 

Also He says:

 

"O ye who believe! turn to Allah in sincere repentance". (66:8)

 

Thus it is only God to Whom people should offer their repentance, and it is He alone Who accepts repentance of the Prophet and the believers, as He says:

 

"Allah has certainly turned with mercy to the Prophet and to the Emigrants and the Helpers who followed him in the hour of distress". (9:117)

 

This shows that the Prophet himself does not have the right to accept the repentance of any person nor does he have the right to forgive the sins of the sinners. God tells the Prophet:

 

"It is none of thy concern whether He may turn to them in mercy or punish them, for they are wrongdoers. And to Allah belongs whatever is in the heavens and whatever is in the earth. He forgives whomsoever He pleases and punishes whomsoever He pleases, and Allah is Most Forgiving, Merciful". (3:128-129)

 

And because there is no god but Allah, none else has the right to accept repentance or to receive repentance of anyone. This was what God commanded His Prophet to proclaim:

 

"Say, `He is my Lord; there is no god but He. In Him do I put my trust and towards Him is my return". (13:30)

 

which means that I repent only to God.

 

This was what the Prophet used to say and to proclaim.

 

However, the Priesthood elevates itself above the Prophet. While the Prophet, as indicated by the Qur’an, had no concern in the matter of reward and punishment, yet the Priesthood gives itself every right concerning everything. While repentance is directed towards God alone and no one can receive repentance of humans and none can judge them except God, yet the Priesthood appoints itself to be a partner with God and gives itself the right to judge its opponents and even to punish them according to what is called the penalty of apostasy.

During the times when political and religious Priesthood had the upper hand, the religious clergy wrote a lot on the subject of "receiving repentance of the apostate". Some of the present-day scholars, like Sheikh Sayyed Sabiq, [Considered one of the extremists among present-day clergy. He used to belong to Muslim Brotherhood organization and is said to have issued some verdicts to justify few political assassinations. (The translator)], he has copied what was written in the distant past and reproduced it in his book: "Fighus-Sunnah". He writes that the apostate must be made to repent even if his apostasy is repeated, and he should be given a period of time to himself so that he may reflect about the matter. All his self-whispers should be refuted and his thoughts should be discussed. If he changed his position and announced that he rejected every religion except Islam then his repentance should be accepted, otherwise the "penalty of apostasy" should be carried out!

Also he says: "some of the scholars have estimated the time period granted to an apostate to repent by three days while others have not defined the time. However, it is necessary to instruct him repeatedly and to hold a discussion with him until it is concluded that he will not return back to Islam, then the penalty of apostasy should be applied. It is also said that he should be killed immediately." [Fiqhus-Sunnah: part 2 page: 388]

 

They also came up with a murky reason to justify accusing someone of committing apostasy. It is not clearly defined and can be interpreted according to one's desire. Such a reason is: "To deny what is necessarily known of religion". Obviously, the expression: "What is necessarily known of religion" is a jurisprudent expression that has surfaced in recent times. It is not clearly defined and there is no agreement between the scholars concerning it. It was not known during the period of the Messenger (SA) nor in the time of the so called " Rightly-Guided Successors". There is no list, agreed upon, of that which is "necessarily known of religion". The Holy Qur’an did not provide such an agreed upon list neither such defined list has ever existed in true traditions of the Prophet, or even in the false traditions. In the various writings of the jurists, one finds no such list. Every scholar may give some examples of what is necessarily known of religion, only examples which can be added to or taken away from, increased or decreased. Accordingly, one may find a list which may represent the opinion of a particular scholar, his time, his knowledge and his understanding.

 

Sheikh Syyed Sabiq, in his book "Fiqhus-Sunnah" has provided some examples of that which is necessarily known of religion, in which he expressed his opinion and stated his position relating to some matters in our political life. He defines the one who denies what is necessarily known of religion, and consequently deserves to be killed, as the one who makes lawful that which the Muslims have agreed upon to be considered unlawful, or to make unlawful that which the Muslims have agreed upon to be lawful, or the one who insults the Prophet, or insults Islam or makes accusations against the Holy Book and the Sunnah and leaves acting upon them preferring to follow the laws made by people, or the one who claims that he has received a revelation from God, or throws the Holy Book in the dirt, or throws the books of traditions giving no importance to them or their value ...etc.' [Fighus-Sunnah: part 2 page: 384]

 

In the past periods of time, it was not one of items in the list of "what is necessarily known of religion" to include preferring the rule of the Book and the Sunnah to the civil laws. Such an item was not even mentioned in the writings of earlier scholars. The reason is that applying the Shari'ah was not a political issue during the Abbasid's or the Mamluks' eras.

 

It means that Sheikh Sayyed Sabiq has introduced a new item in the list of "what is necessarily known of religion", an item which the early scholars had not known before. The reason is that at the time of Sheikh Sayyed Sabiq, there has been so many secular movements that took a stand regarding the demands raised by some religious groups to apply the Shari'ah. Therefore, we understand why the Sheikh threatened them with the "penalty of apostasy"; because, according to him, they denied "what is necessarily known of religion". Consequently, the list of "what is necessarily known of religion" could be increased or decreased according to various circumstances, depending on time, and depending on the views of each scholar. It starts by denying the existence of the Divine and goes on to include throwing the books of traditions in the dirt, according to the opinion of Sheikh Sayyed Sabiq, and also throwing the books of Shari'ah, i.e. Jurisprudence, as stated by a book of jurisprudence, which adds: "spitting on the books of jurisprudence or mixing the books with spitting, is considered a legitimate reason to accuse someone of apostasy and to kill him, even though the saliva itself is considered to be clean and pure"!

 

This means that some people have made of religion a private kingdom over which they wanted to impose their own opinion and their own books. If the people refused to yield to such opinions, they will be threatened by a Court of Inquisition and by execution!

 

It is no wonder after all of this that a legislation presented to the Egyptian Parliament calling for the application of Islamic Shari'ah has included the penalty of apostasy. It defined apostasy as: "Denying what is necessarily known of religion". Thus this elastic definition remains as a drawn sword over the necks of those who dare to oppose the clergy. However, the law was generous with the victims, so instead of three, it gave the apostate thirty days as a grace period to receive his repentance before executing him!

 

The danger of the accusation of "denying what is necessarily known of religion" is not only that such an accusation is very elastic, not defined in specific number of items which do not increase nor decrease and are not added to nor subtracted from. All this is not the only danger.

 

The real danger is the ambiguity of the items in such a list. The ambiguity of these items opens the door for personal interpretations and various, understandings according to personal desire.

 

For example, Sheikh Sayyed Sabiq says that the apostate is the one who attacks the Holy Book and the Sunnah. Such an accusation is very elastic. The Holy Qur’an contains many matters on which Muslims have differed, such as the meaning of Sitting on the Throne, the subject of seeing God, and the matter of Destiny and Decree. Every party of Muslims use certain arguments from the Holy Qur’an they feel supportive to their views. Therefore, according to the Sheikh's opinion, every party can accuse the other of attacking the Holy Book by misinterpreting it.

 

As for the definition of "Sunnah", it becomes more elastic and ambiguous. Each of the scholars of Hadith (i.e. the traditions of the Prophet) has collected and verified a number of traditions which he has considered to be the Sunnah of the Messenger. All of them differ with each other. Then came after them other scholars who differed much more than before. Because of the ambiguous definition of the terms in the list used to accuse someone of apostasy, each party of scholars of Hadith can have the right to accuse other parties of attacking the books of Sunnah. Consequently, every party would be able to set up a Court of Inquisition for the others. History of Muslims in the time of Abbasyds and the Mamluks was full of hundreds of inquisition courts and so many accusations of apostasy. The ruling authorities have been involved in such inquisition courts according to their own political and ideological inclinations. Usually the party that had the upper hand was able to accuse others of apostasy and the losers would be punished according to the penalty of apostasy.

 

This theological disagreements among Muslims made some scholars decide to apply the penalty of apostasy to the (Zendeeq), i.e. the heretic, without giving him a chance for a fair trial. Thus he is deprived of the right to defend himself or to present his arguments. In other words, he is denied the right to "offer his repentance"!!

 

One outrageous example is presented by an author of a book on jurisprudence, stating that a (Zendeeq) should be executed immediately after being caught, without asking him to repent. Such a person used to be considered "a hypocrite" in the time of the Prophet. However, according to the newly invented jurisprudence, such a person should be killed even if he repented! !

 

The reader may imagine that a Zendeeq is someone who is a blasphemous or a disbeliever or an atheist who does not believe in God, His Messengers and His Books. No! He is a believer. He believes in God and His Messengers and His Books, but he is a thinker who has an independent opinion. His major mistake is that his views may differ with those of other scholars. Such a difference may be tantamount to what others may consider to be denial of "what is necessarily known of religion". So, he deserves to be killed even if he repented. And because he is a person of opinion, supported by arguments and proofs, then the religious Priesthood deprives such a person of the right to a fair trial which may be granted to a regular apostate who turns back to disbelief. The reason for this is that the regular apostate may not have the arguments and the proofs which the Priesthood is afraid of. As for a person who is accused of being a Zendeeq, being a person of opinion, the Priesthood clergy cannot face him in a fair trial, so there is no need for him to be brought to trial! It is better to get rid of him and to kill him quickly!

 

Sheikh Sayyed Sabiq says that the Zendeeq is a person who believes in Islam inwardly and outwardly. Thus he believes with his tongue and heart. How then he is considered to be a Zendeeq? The Sheikh says in explanation: "... but he may interpret some of what is necessarily known of religion in a different way from that which the Companions and those who came after them and all the Ummah (i.e. all the Muslims), have agreed upon".

 

In other words, one is considered to be a Zendeeq because one used one's mind, thought about some matters and came up with new opinions that may differ with what is commonly known and "what we found our fathers following", irrespective of whether one has got evidence to support one's opinions or not. What only matters is that the evidence may differ from the interpretation of the Companions and those who came after them and has been agreed upon by the Ummah!

 

The Sheikh presents his own opinion by saying: "As the jurisprudence has ordained putting a person to death as a penalty for apostasy in order to make it a restraint against apostatizing, similarly it has ordained putting a person to death as a penalty for being a Zendeeq in order to make it a restraint against heresy and for protection against any wrong interpretation which is unacceptable. Therefore, anyone who denies intercession; or denies seeing God the Exalted on the Day of Judgment; or denies punishment of the grave and questioning by the two interrogating angels: "Naker & Nakeer"; and who denies the Judgment and the Narrow Way(A-ssiraat), whether one says: `I do not trust these reporters', or says: `I trust the reporters but the tradition has a different interpretation', then one gives a wrong interpretation which has not been heard of before, then such a person is considered to be a Zendeeq. The majority of the later scholars of the Hanafi and Shafe'i schools of jurisprudence have agreed to put such a person to death".[Fighus-Sunnah part 2 page 391]

 

This is absolutely outrageous, because all these are points upon which Muslims have differed, and still differ. The Mu'tazela and  the Hanbalis have differed upon such points like seeing God, and creation of the Qur’an. All have differed over intercession and the punishment in the grave and the requital of the grave. On points of difference, it happens that every side supports his views by interpreting the verses of the Holy Qur’an and by examining the position of the Traditions and refuting the arguments of the other side. Such refutation and intellectual debates were the norm during the era of intellectual progress of Muslims. However, in the time of rigidity and sticking to traditions, the later jurists have relieved themselves of the trouble of having a debate or making a research by erecting a wall which is called: "What is necessarily known of religion". They raised the sword of apostasy and accusation of sanctimony and putting to death everyone who may try to be diligent and to think. The later jurists have slept for long in the shadow of a wall called: "What is necessarily known of religion". Unfortunately, they are still asleep.

 

Wake up ye people!

 

The greater injustice is to kill the soul that God has forbidden to kill, then attribute this nefarious action to God the Exalted.

 

 

 

Third:

 

The position of the Holy Qur’an regarding

the verdict of executing someone outside

the principle of: "life for a life".

 

The first world war can be considered to have occurred between the two sons of Adam when one of them had murdered the other. The victim had never in his life committed a murder. In other words, the executer has executed him without any reason to justify the execution.

 

The Lord of Glory narrated the story of that first crime committed in the history of humans. From its text we can understand what were its objectives.

 

God says:

 

"And relate to them with truth the story of the two sons of Adam, when they each offered an offering, and it was accepted from one of them and was not accepted from the other. The latter said:. `I will surely kill thee'. The former replied, `Allah accepts only from the righteous. If thou stretch out thy hand against me to kill me, I shall not stretch my hand against thee to kill thee. I do fear Allah, the Lord of the Universe". (5:27-28)

 

The meaning of killing and executing a soul was understood by all. The wrongdoing involved in the act of killing a human soul was also known, particularly to the brother victim who preferred not to stretch his hand to kill his brother because he feared the Lord of the Universe. He told his brother:

 

"`I wish that thou shouldst bear the punishment of the sin against me as well as of thine own sin, and thus be among the inmates of the Fire, and that is the recompense of those who do wrong'. (5:29)

 

The sin of committing a murder and its evil was not absent from the mind of the aggressor brother. Therefore, after he threatened to kill his brother, he stayed for sometime hesitant, then he issued a verdict to kill his brother, or as the Qur’anic expression states it:

 

"But his evil self induced him to kill his brother, so he killed him and became one of the losers". (5:30)

 

And because it was the first murder crime in history, and because Adam, their father, was still alive and has not died yet, and because the corpse of the victim was the first corpse in the history of mankind, God the Exalted sent a raven to teach the murderer how to hide the corpse of his brother:

 

"Then Allah sent a raven which scratched in the ground, that He might show him how to hide the corpse of his brother. He said, `Woe is me! Am I not able to be even like this raven so that I may hide the corpse of my brother?' And then he became remorseful". (5:31)

 

The focus of this case concentrates on God's saying:

 

"But his evil self induced him to kill his brother, so he killed him and became one of the losers". (5:30)

 

In other words, the concentration is not only on the crime of murder itself but on what is more evil than murder; which is the verdict of unjustly putting someone to death, i.e. to legislate killing of a soul that did not deserve to be killed.

 

The Qur’anic expression here is so clear: "his evil self induced him to kill his brother", meaning that his evil self has made it permissible, legislated and then issued a verdict to kill the brother. Such legislation was then put into practice, thus "he killed him", afterwards he "became one of the losers".

 

Because the focus of the story warns against the danger of "inducing to kill", i.e. making a verdict to kill someone unjustly, God pointed directly to the objective and said:

 

"On account of this, We prescribed for the Children of Israel that whosoever killed a person - unless it be for killing a person - creating disorder in the land it shall be as if he had killed all, mankind; and whoso saved a life, it shall be as if he had saved the life of all mankind". (5:32)

 

“On account of this", that is to say, on account of what has been mentioned in the story regarding the son of Adam inducing himself to kill his brother who did not deserve to be killed;

 

“We prescribed for the Children of Israel", that is to say, God made it a commandment in the Law of the Torah;

 

“that whosoever killed a person unless it be for killing a person", which means that whosoever killed a soul that had not committed a murder, or killed a person outside the principle of: "a life for a life";

 

"creating disorder in the land", the disorder mentioned in the verse is a description for the crime of killing a soul that did not deserve to be killed. Thus the expression: "creating disorder" is analogous to the killing;

 

"it shall be as if he had killed all mankind". Here we may have a problem: How is it possible that killing one soul is equal to killing all of mankind? In other words, if we were to assume that one person has killed one man, while another person has killed a million men, how then can both be equal in the weight of the crime? Of course: No.

 

The equality in committing such a crime as mentioned in the Holy Qur’an is not related to the actual act of killing. It is related to the more dangerous and grievous crime, which is producing a verdict to kill someone unjustly. The focus of the story was, as stated by the Qur’anic expression: "his evil self induced him to kill his brother". This means that the person who issues a verdict to kill someone who did not commit a murder, or to kill someone unjustly, or to kill someone outside the law of requital; then such a person is considered to have killed all of mankind, because he issued a verdict for killing. Such verdict can be executed and carried out at all times, in every era and in every place. In short, such a person has issued a verdict to kill all of mankind.

 

The only justifiable act of killing is according to the law of requital, that is to kill the murderer as a punishment for his crime. This is the commandment of God in the Torah. If we were to exceed the limits set out by God, transgress His laws and pass a judgment that was not in agreement with His Revelation, then we would be like a person who passed a judgment of execution against all of mankind. Thus what God the Exalted said:

 

“On account of this, We prescribed for the Children of Israel that whosoever killed a person - unless it be for killing a person - creating disorder in the land, it shall be as if he had killed all mankind; and whoso saved a life, it shall be as if he had saved the life of all mankind". (5:32)

 

does not relate to the actual act of killing but relates to the more dangerous crime which is issuing a verdict to kill a person who does not deserve to be killed. Therefore the description of this more dangerous crime was mentioned by God the Exalted to be: "creating disorder in the land". Hence, inducing killing, outside the law of requital, is considered to be the most grievous crime of creating disorder.

 

The Holy Qur’an made this objective very clear by pointing to issuing of such unjust verdict not to the mere act of killing.

 

Then God the Exalted says:

 

"and whoso saved a life, it shall be as if he had saved the life of all mankind". (5:32)

 

What is meant by saving a life is not related to the murderer who murdered someone. Naturally, the person who kills someone cannot bring him back to life. The objective of the verse is very clear, it intends to say that the greatest crime is to issue a verdict of unjust killing, and whosoever fights issuing such verdicts and proves that it is not a law revealed by God, then such a person saves all of mankind from the effect of these poisonous and destructive verdicts. It is as if he had saved the life of all mankind.

 

Whoever issues such criminal verdicts kills all of mankind, and whoever fights such verdicts and proves the falsehood of such practice saves all of mankind from their evil effect. This is the meaning of God's words:

 

"On account of this, We prescribe for the Children of Israel that whosoever killed a person - unless it be for killing a person - creating disorder in the land, it shall be as if he had killed all mankind; and whoso saved a life, it shall be as if he had saved the life of all mankind" (5:32)

 

The Lord of Glory has mentioned this divine jurisprudence in the Torah. He said about the Children of Israel and the Torah:

 

"And therein We prescribed for them: Life for life" (5:45)

 

which means that there is no justification for killing a soul except when it had committed a murder, i.e. as requital.

 

In Islamic jurisprudence, the penalty for murder has been commuted by introducing an alleviation by which the murderer may be saved from execution if the victim or his family agreed to accept the blood-money. God says:

 

"O ye who believe! equitable retaliation in the matter of the slain is prescribed for you; a free man for a free man, and a slave for a slave, and a female for a female. But for him who is granted any remission by his injured brother, pursuing the matter for the realization of the blood-money shall be done with fairness, and the murderer shall pay him the blood-money in a handsome manner. This is an alleviation from your Lord and a mercy". (2:178)

 

Paying the blood-money in a handsome manner after the family of the victim agreed to accept it, is the alleviation introduced by God in the Holy Qur’an as a mercy.

 

Thus there is an exception in the rule of: "life for life". Such exception is paying the blood-money. Accordingly, the murderer may not be killed in all cases.

 

However, the law of retaliation is always applicable, whether the murderer pays with his soul or with his money. For this, God the Exalted says:

 

"And there is life for you in the law of retaliation" (2:179)

 

The rule of retaliation is a fundamental rule, even when fighting in the cause of God. Surely, in the Law of God there is life, justice and beneficence for the people.

 

God the Exalted forbids aggression and made fighting lawful in defense of the state if an aggression was committed against it:

 

"And fight in the way of Allah against those who fight against you, but do not transgress. Surely, Allah loves not the transgressors". (2:190)

 

The legislation of retaliation came as fundamental rules concerning fighting as mentioned in the Word of God the Exalted:

 

"The violation of a Sacred Month may be retaliated against in a Sacred Month; and for all sacred things there is the law of retaliation. So, whoso transgresses against you, punish him for his transgression to the extent to which he has transgressed against you. And fear Allah and know that Allah is with those who fear Him". (2:194)

 

which means that God the Exalted forbids the Muslims to exceed the law of retaliation in their war with the aggressors. If the aggressor happened to kill ten persons from among the Muslims, then the Muslims are not allowed to kill more than ten persons. This is the law of retaliation in which there is life for Muslims and for all others as well.

 

This being the case in the legislation for fighting an enemy who committed an act of aggression, then what about dealing with a peaceful person who did not raise a sword? Of course, there is no justification in killing such a person except in one case only: If he had committed a murder and the family of the victim refused to accept the blood-money insisting that he should pay with his life for his crime.

 

It is the utmost and extreme injustice to issue a verdict to kill a soul for any other reason outside the law of retaliation, and then to ascribe such unjust verdicts to the religion of God the Exalted, while the religion of God is absolutely free of such horrible acts.

 

In order to emphasize this rule, God has made it a fundamental legislative rule and repeated it three times in the Holy Qur’an so that every mindful person may benefit by it. God said in the ten commandments mentioned in Chapter 6 "Al-Ana' am":

 

"... and that you slay not the soul the slaying of which Allah has forbidden, except in accordance with the demands of justice. That is what He has enjoined upon you, that you may understand". (6:151)

 

Among some other commandments, God said in Chapter 17:

 

"And slay not the soul, the slaying of which Allah has forbidden, except for a just cause. And whoso is slain wrongfully, We have surely given his heir authority to demand retribution but let him not exceed the prescribed bounds in slaying; for therein he will be supported by law". (17:33)

 

which means that there is an authority granted to the family of the person who was killed wrongfully, such authority enables them to kill the murderer or to take the blood-money. The heirs of the victim are warned not to exceed the limits in killing, i.e. not to kill any other person beside the murderer, nor to persecute or to torture the murderer while executing him or to mutilate his body after his death.

 

In Chapter 25, "Al-Furqan", God the Exalted says among many attributes of the true servants of the Gracious God:

 

"And those who call not on any other god along with Allah, nor slay a person whose slaying Allah has forbidden except for a just cause". (25:68)

 

It may be noticed that, in the preceding verses, the Qur’anic expression has been consistent in this fundamental Qur’anic rule:

 

"slay not the soul, the slaying of which Allah has forbidden, except for a just cause" (6:151) (17:33)

 

"nor slay a person whose slaying Allah has forbidden except for a just cause" (25:68)

 

which means that God has forbidden killing of any person. This is a fundamental rule. The only exception is the law of retaliation which is revealed in the Word of God, the absolute truth, in which there is no doubt and which falsehood cannot approach it from neither before it nor from behind, and which is a revelation from the Wise, the Praise-worthy, as God says about the Holy Qur’an:

 

"And in accordance with the requirements of truth and wisdom We have sent it down, and with truth and wisdom has it descended". (17:105)

 

The "requirements of truth" which may necessitate an exception from the fundamental rule is stated in the verse:

 

"And slay not the soul, the slaying of which Allah has forbidden, except for a just cause", (17:33)

 

Such a "just cause" must be in accordance with the requirements of truth, i.e. approved by God Who is the Absolute Truth according to His Word revealed in the Qur’an which was sent down with truth. This is the law of retaliation as explained in the Qur’an. Anything that contradicts the Qur’an is considered false and unfounded of which God and His Messenger are free. When such falsehood is related to killing people outside the boundaries of justice and truth, then such action is nothing but creation of disorder in the land. God the Exalted loves not the disorder.

 

The true Sunnah, i.e. practice of the Messenger of God, is the practical application of the Qur’anic jurisprudence. Such practice never contradicted the Qur’an. This is what the Messenger' has applied in dealing with the apostates and the hypocrites and the like.

 

 

 

Fourth:

 

The penalty of apostasy in the light of the

true practice of the Messenger.

 

The practice of the Messenger is the practice of his God the Exalted. God sent down His jurisprudence as a revelation, and the Messenger delivered it to the people and put it into practice. The Messenger was the first among the people who obeyed and followed the commandments of God, the Exalted.

 

God has commanded the Prophet to proclaim:

 

"I only follow what is revealed to me". (46:9)

 

Believing in the Messenger means believing in everything that has been revealed to him in the Holy Qur’an and believing that he has followed that revelation and put it into practice and was the first to believe and to apply it.

 

On the Day of Judgment, the Messenger sa' will disassociate himself from those who attributed to him falsely that which he has not said, and those who have deserted the Qur’an which the Prophet has followed throughout his life.

 

"And the Messenger said. `O my Lord, my people indeed treated this Qur’an as a thing to be discarded'. Thus did We make for every Prophet an enemy from among the sinners; and sufficient is thy Lord as a Guide and a Helper". (25:30-31)

 

What we want to prove here is that there was no gap nor any minute contradiction between the Qur’an and the true practice of the Messenger. Indeed, they are one. Although this is a logical fact that does not require any proof yet sometimes it is intellectually imperative to prove and to assert even the logical facts.

 

The general fundamental rule of jurisprudence stated in the Holy Qur’an is:

 

"There is no compulsion in religion. Surely, the right way has become distinct from error". (2:256)

 

The supporters of fanatic Priesthood understand such a rule in a way through which they try to justify the alleged penalty of apostasy. They give a false meaning claiming that there is no compulsion to force anyone to join the religion, however, if anyone joined the religion, then he is forced and coerced in following the religious jurisprudence, and if he wanted to leave the religion, he would have to face the penalty of apostasy and would realize that he was caught in a trap.

 

This adulteration of the meaning of the verse: "There is no compulsion in religion", means that God forgot to mention an important word in the verse. In other words, the verse should have been stated as: `There is no compulsion in joining a religion'. So, it seems that the word "joining" has been forgotten but the genius fanatics of Priesthood have discovered it. Exalted be God over such nonsense with high exaltation! All praise is due to Him Who has protected the Qur’an from any perversion, otherwise the fingers of fanatic Priesthood would have perverted it as much as it pleased them.

 

The clear and obvious meaning of the verse: "There is no compulsion in religion", in every religion, is: There should be no compulsion in joining any religion and there should be no compulsion in leaving any religion, neither should there be any compulsion to coerce anyone into performing the religious rituals that relate to God. God the Exalted wants everyone to worship Him out of one's free will and one's free conscious, not to offer prayers with a whip over one's head. He wants everyone to volunteer to pay alms out of love for God and as a desire to obey Him not for the purpose of being seen by others nor out of fear of coercion. The hypocrites used to pay alms in this way and used to offer their prayers in order to be seen by others. God forbade His Prophet to accept their alms and He did not accept their prayers. God says:

 

"And nothing prevents that their contributions should be accepted from them save that they disbelieve in Allah and His Messenger. And they come not to Prayer except lazily and they spend not in the way of Allah but reluctantly." (9:54)

 

In the meantime, God said about another type of people who have repented and were sincere in their repentance:

 

"And there are others who have confessed their faults. They mixed good works with others that are evil. It may be that Allah will turn to them with compassion. Surely, Allah is Most Forgiving, Merciful. Take alms out of their wealth, so that thou mayest cleanse them and purify them thereby". (9:102)

 

That is to say, take alms out of their wealth because they offer such alms willingly seeking forgiveness from God.

 

Going back to the verse of God the Exalted: "There is no compulsion in religion", it clearly prohibits compulsion in joining a religion, in leaving it and in performing God's rituals of worship. We emphasize that perverting the meaning of the verse by confining it to joining the religion only is terribly wrong. Had it been the case then the Arabic text should have read:

 

which should be translated as: There should be no compulsion into joining religion. In this case it will be understood that the prohibition is confined only to compelling anyone into joining a religion.

 

The Qur’an has used the expression: meaning "forcing into" in the verse:

 

"And force not your maids into unchaste life" (24:33)

 

Had God intended to confine compulsion to only joining religion He would have said "There should be no forcing INTO joining religion", but He wanted to exclude all types of compulsion in all matters that are related to religion. So He said: "There is no compulsion IN religion".

 

What is important to understand is that the general fundamental rule in divine jurisprudence to prohibit compulsion in religion, i.e. in joining or leaving religion, is based on the freedom of humans granted to them by God to believe or to disbelieve, with the understanding that they are going to meet God on the Day of Judgment to give account of their actions.

 

Out of this general fundamental rule, many other jurisprudence laws have branched reflecting the religious and political changes in the time during which the Qur’an was revealed. Such changes usually accompany the tendencies and the direction of every society and the inclination of the individuals in the society towards good and evil, guidance and misguidance, believing or disbelieving and in joining religion or leaving it.

 

We have explained how the Prophet used to feel immense grief for those who hasten to disbelieve after believing. However, he had no right to prosecute them nor to apply to them any penalty for apostasy, simply because there is no penalty for apostasy in Islam.

 

The Holy Qur’an has specifically mentioned the subject of apostasy in four verses but never mentioned any penalty to be applied by the ruler to the apostate. The apostate is left to be dealt with by God Who can punish him in this world and in the world to come.

 

God says:

 

"Surely, those who turn their backs after guidance has become manifest to them, Satan has seduced them and holds out false hopes to them". (47:25)

 

which means that Satan has deceived those people who turned back. When we read on the following verses in the text to find the alleged penalty of apostasy, we find nothing more than warning of what is going to happen to them at the time of death:

 

"But how will they fare when the angels will cause them to die, smiting their faces and their backs?" (4727)

 

then on the Day of Judgment, God will render their works vain, as He says in the following verse of the same text:

 

"That is because they followed that which displeased Allah, and disliked the seeking of His pleasure. So He rendered their works vain". (47:28)

 

which means that the final judgment has been postponed till the Day of Judgment.

 

The other verses which mentioned the subject of apostasy have warned the believers of falling into the evil of apostasy. God says:

 

"O ye who believe! whoso among you turns back from his religion, then Allah will soon bring in his stead a people whom He will love and who will love Him and who will be kind and humble towards believers, and hard and firm against disbelievers. They will strive in the cause of Allah and will not fear the reproach of a fault-finder". (5:54)

meaning that if some people should apostatize, then God will bring instead of them other people who will be much better than them.

The same theme was mentioned also in the verse:

"And if you turn your backs, He will bring in your place other people; then they will not be like you". (47:38)

 

That is all what is going to happen: God will replace them with other people, because God the Exalted is surely independent of all creatures. If all of mankind should apostatize and turn into disbelievers then they can never harm God in any way.

 

God says, warning the believers against the conspiracies of the Jews:

 

"O ye who believe! if you obey any party of those who have been given the Book, they will turn you again into disbelievers after you have believed". (3:100)

 

Then God the Exalted says, in order to underline the beauty of religion and believing:

 

"How would you disbelieve, while to you are rehearsed the Signs of Allah, and His Messenger is in your midst? And he who hold fast to Allah is indeed guided to the right path". (3:101)

 

God the Exalted says warning the believers of the plans of the idolaters to persecute them in order to lead them astray:

 

"And they will not cease fighting you until they turn you back from your Faith, if they can. And whoso from among you turns back from his Faith and dies while he is a disbeliever, it is they whose works shall be vain in this world and the next These are the inmates of the Fire and therein shall they abide". (2:217)

 

God did not say: whoso turns back from his Faith then he should be put to death as a penalty for his apostasy. God only stated the punishment in the next life, even if the apostate continued in his apostasy during all of his life.

 

The subject of apostasy has also been mentioned frequently in the Holy Qur’an during references about the hypocrites who disbelieved after declaring their faith.

 

The hypocrites, in the time of the Prophet, were of two types: One type was known to the Messenger, and the other was known only to God.

 

The other type was addicted to hypocrisy and was given in to it. However, those individuals were able to keep the outwardly Islamic appearance of the faithful, to the degree that their actual state of hypocrisy was hidden from the Prophet and from all other believers. God has warned this type of hypocrites of a great punishment and told them that the Fire is waiting for them in the next life. Says God:

 

"And of the desert Arabs around you some are hypocrites; and of the people of Medina also. They persist in hypocrisy. Thou knowest them not; We know them. We will punish them twice, then shall they be given over to a great punishment". (9:101)

 

It is only God the Exalted Who knows such people. It is only He Who will punish them twice, may be in this life and then in the life to come.

 

The other hypocrites have exposed themselves because they were not able to hide their hatred towards Islam. They used to fall into disbelief and participated in many plots against Islam, then they used to hasten to the Prophet swearing that they did not say what they said and did not do what they did.

 

This type of hypocrites was known to the Prophet and to the believers. The Holy Qur’an revealed and exposed their state and emphasized their disbelief and apostasy. In spite of this, the Qur’an directed the Prophet to turn aside from them. God says about some of them:

 

"They swear by Allah that they said nothing, but they did certainly utter the word of disbelief, and disbelieved after they had embraced Islam. And they cherished enmity against believers only because Allah and His Messenger had enriched them out of His bounty. So if they repent, it will be better for them; but if they turn away, Allah will punish them with a grievous punishment in this world and the Hereafter". (9:74)

 

This means that those people have fallen into apostasy when they uttered the word of disbelief. They disbelieved after they have embraced Islam. They even cherished enmity against the believers but they were not successful in causing them any harm. Such was the testimony of God against those people. Did the Prophet set up Court of Inquisition to investigate their faith, or did he apply to them the alleged penalty of apostasy?

 

It is only God the Exalted Who will punish them if they persisted in their apostasy, and it is only He Who will accept their repentance if they repented:

 

"So if they repent, it will be better for them; but if they turn away, Allah will punish them with a grievous punishment in this world and the Hereafter". (9:74)

 

Similarly, God the Exalted says about some of the hypocrites:

 

"Those who believe, then disbelieve, then again they believe, then disbelieve and then increase in disbelief, Allah will never forgive them nor will He guide them to the right way". (4:137)

 

This shows that some people used to join Islam then apostatize, then join again then apostatize, then at the end they chose to remain disbelievers, even they increased in disbelief. Yet, there is no mentioning of any penalty of apostasy. Their punishment is left to God Who said that He shall not grant them His forgiveness.

 

Some of the hypocrites felt so lazy to join the Prophet' in an expedition to Tabuk, so they remained behind. Their punishment was to deprive them of the honor of joining in any other future expedition. It was a punishment greatly welcomed by the hypocrites. Another punishment was also imposed, which the hypocrites did not care much for, which was that the Prophet should not offer funeral prayer for anyone of them and should not stand by their grave to pray for their forgiveness.

 

God says:

 

"And if Allah bring thee back to a party of them, and they ask of thee leave to go forth to fight, say then, `You shall never go forth with me, and shall never fight an enemy with me. You chose to sit at home the first time, so sit now with those who remain behind. And never pray thou for any of them that dies, nor stand by his grave; for they disbelieved in Allah and His Messenger and died while they were disobedient". (9:83-84)

 

God has ascertained that they have disbelieved, yet everyone of them shall remain alive until he dies without being put to death. All his punishment is that the Messenger should not offer his funeral prayer nor stand by his grave to pray for him.

 

This reminds us of another type of hypocrites. They used to make fun of the believers who offered their contributions for the expedition of Tabuk. Whenever a rich person offered his contribution they accused him of having the desire to be seen by the people. When a poor person offered his contribution they ridiculed him. About those God said:

 

"Those who find fault with such of the believers as give freely in charity and with such as find nothing to give except the earnings of their toil. So they deride them. Allah shall punish them for their derision, and for them is a grievous punishment". (9:79)

 

Thus all the punishment of those hypocrites is a grievous punishment in the Hereafter.

 

The Prophet did not set up courts for their prosecution, nor did he apply the alleged penalty of apostasy. He used to ask God for their forgiveness even when a verse of the Qur’an was revealed to him telling him that God will never forgive them:

 

"Ask thou forgiveness for them, or ask thou not forgiveness for them; even if thou ask forgiveness for them seventy times, Allah will never forgive them. That is because they disbelieved in Allah and His Messenger. And Allah guides not the perfidious people". (9:80)

 

In spite of the clear decision of God that they have disbelieved in Him and in His Messenger, yet the Prophet used to ask for their forgiveness saying that God has given him a choice in the matter. He also used to offer their funeral prayers until God forbade him of doing so and told him:

 

"And never pray thou for any of them that dies, nor stand by his grave". (9:84)

 

The hypocrites tried to appease the believers and to deceive them by outwardly uttering some nice words about religion while inwardly they continued in their disbelief and were opposing God and His Messenger. God says:

 

"They swear by Allah to you to please you; but Allah with His Messenger has greater right that they should please Him if they are believers. Do they not know that whoso opposes Allah and His Messenger, for him is the fire of Hell, wherein he shall abide? That is the great humiliation". (9:62-63)

 

It is clear that the punishment of the hypocrites is to abide in fire of Hell because they opposed God and His Messenger.

 

The hypocrites also used to annoy the Prophet and accused him of being all ear, i.e. he listened to this and that. Some verses of the Qur’an were revealed warning them of the painful punishment on the Day of Judgment, but without any reference to setting up courts to prosecute them nor applying any so-called penalty of apostasy. God the Exalted says:

 

"And among them are those who annoy the Prophet and say, `He is all ear'. Say, `His giving ear to all is for your good; he believes in Allah and believes the Faithful, and is a mercy for those of you who believe'. And those who annoy the Messenger of Allah shall have a grievous punishment". (9:61)

 

And when will be this grievous punishment? It is on the Day of Judgment.

 

Similarly, they used to mock at God the Exalted, at His Noble Messenger and at His Holy Book. Some verses of the Qur’an were revealed to denounce their disbelief and announce that their excuses were not acceptable, yet postponed their punishment till the Hereafter:

 

"The hypocrites pretend they fear lest a Surah should be revealed concerning them, informing them of what is in their hearts. Say, `Mock on; surely, Allah will bring to light that of which you pretended you were afraid lest it might be disclosed. And if thou question them, they will most surely say, `We were only talking idly and jesting.' Say, `Was it Allah and His Signs and His Messenger that you mocked at?' Make ye no excuses. You certainly disbelieved after your believing. If We forgive a party from among you, a party shall We punish, for they are guilty". (9:62-65)

 

It is only God Who can inform of what was in their hearts. It is only God Who can expose their conspiracies. It is only God Who can announce their disbelief. It is only God Who can forgive a party from among them and it is only God Who can punish another party, because it is only God Who knew the intention of this and that party, Who knew who repented and who did not repent.

 

As for the Prophet, he was not to be concerned with all of this. He was only the Prophet of God. He was no god beside God.

 

The Hypocrites used to move around in Al Medina, enjoining evil and forbidding good and holding back from spending in the cause of God. God warned them with a lasting punishment and a curse that shall befall them in the Hereafter:

 

"The hypocrites, men and women, are all as one with another. They enjoin evil and forbid good, and withhold their hands from spending for the cause of Allah. They forgot Allah, so He has forgotten them. Surely, the hypocrites are the transgressors. Allah promises the hypocrites, men and women, and the disbelievers the fire of Hell, wherein they shall abide. It will suffice them. And Allah has cursed them. And they shall have a lasting punishment." (9:67-68)

 

It is God Who was the Witness to their evil within the society of Medina, and it is only God Who will punish them. As for the Prophet, he had nothing to do with their punishment.

 

God said about those who were left back in Medina during the expedition of Tabuk:

 

"And those who lied to Allah and His Messenger stayed at home. A grievous punishment shall befall those of them who disbelieve". (9:90)

 

When will be this grievous punishment?

 

God mentioned about a party of them:

 

"They will swear to you by Allah, when you return to them, that you may leave them alone. So leave them alone. Surely, they are an abomination, and their abode is Hell - a fit recompense for that which they used to earn". (9:95)

 

The hypocrites who stayed back in Al Medina without any excuse, were afraid that when the Muslims returned back from the expedition they may set up for them courts to prosecute them, so they hastened to swear by God that they had some valid excuses, so that the Muslims would leave them alone. God the Exalted had already informed the Muslims about the attitude of the hypocrites and told the Muslims to leave them alone because their final abode is in Hell. In the meantime, God warned the Muslims not to be pleased with the Hypocrites:

 

"They will swear to you that you may be pleased with them. But even if you be pleased with them, Allah will not be pleased with the rebellious people". (9:96)

 

God the Exalted has determined certain policy to enact towards the apostates who turned hypocrites. This policy is to turn away from them. God told His Prophet regarding them:

 

"These are they, the secrets of whose hearts Allah knows well. So turn away from them and admonish them and speak to them an effective word concerning themselves". (4:63)

 

Here is a positive type of "turning away", which includes admonishment and speaking to them an effective word without exerting any pressure or compulsion, then leaving them alone to chose whatever they please.

 

When those hypocrites used to visit the Prophet they used to show their respect and appeared to be obedient. However, after leaving his presence, they used to conspire against him. His Lord informed him of their plots and told him:

 

"Allah records whatever they scheme by night. So turn away from them, and put thy trust in Allah". (4:81)

 

Similarly, when the Jews of Medina; who took a hostile attitude towards Islam and the Prophet, used to come to the Prophet seeking his judgment, God told him how to deal with them:

 

 

 

"They are eager listeners to falsehood, devourers of things forbidden. If, then, they come to thee for judgment, judge between them or turn away from them". (5:42)

 

 

 

This proves that the Prophet has never set up courts to prosecute the hypocrites who were the worst apostates. No wonder the early Muslim state did not know the so-called penalty of apostasy.

 

It is only God Who knew what was in the heart of people. He knew whether it was a true or false faith. It is He Who exposed the hypocrites and informed of their secrets. Had God not told of what was in their hearts, the Prophet and the believers would have never known their real nature.

The Prophet used to deal with the believers according to their outwardly attitude. It was they who have declared their faith and it was they who have submitted outwardly and supported the Prophet. However, what was in their hearts of true or false faith was known only to God and it was only He Who would reward or punish on the Day of Judgment according to what was in the heart. Therefore God tells the believers:

 

"O ye who believe! believe in Allah and His Messenger" (4:136)

 

"O ye who believe!", meaning those who believed outwardly.

 

"Believe in Allah and His Messenger", meaning believe truly and faithfully in God and His Messenger.

 

Similarly, God addressed the believers, all the believers and said:

 

"O ye who believe! save yourselves and your families from a Fire". (66:6)

 

"O ye who believe! turn to Allah in sincere repentance". (66:8)

 

These verses address all the believers, particularly those who have believed outwardly, so that their faith should be real, true and acceptable to God.

 

However, the outwardly faith used to give a person all the rights of a true Muslim, even if such a person has satisfied himself with only pronouncing the words which were uttered by every person to become a Muslim, i.e. "I bear witness that there is no god but Allah, and I bear witness that Muhammad is the Messenger of God". If such a person happened to be among a people who were in war with Muslims, then his mere uttering of the Islamic declaration would save him from being killed during the battle.

 

God says:

 

"O ye who believe! when you go forth to fight in the cause of Allah, make proper investigation and say not to anyone who greets you with the greeting of peace, `Thou art not a believer'. You seek the goods of this life, but with Allah are good things in plenty. Such were you before this, but Allah conferred His special favor on you; so do make proper investigation. Surely, Allah is Aware of what you do." (4:94)

 

which means that a mere greeting of peace during the time of war is enough reason to save a person's life due to the possibility that he may be a Muslim. It is enough that a person should offer the greeting of peace to be considered a peaceful person, entitled to live in peace, even though it is a time of war. This being the case during war time, then during peace time, it is more important to grant every person the right to live in peace without having the sword of the penalty of apostasy drawn at his neck.

 

Even an idolater who desisted from participating in fighting during a battle and sought protection from the Muslims, it becomes his right to be protected and to be granted peace until he reached his destination after he has been informed of the message of God so that he should not have any excuse of not knowing what God demanded of him. Accordingly, he should be given enough time to think and reflect to be saved from the punishment of the Creator in the Hereafter. God told the Prophet:

 

"And if any one of the idolaters seeks protection of thee, grant him protection so that he may hear the Word of Allah; then convey him to his place of security. That is because they are a people who have no knowledge". (9:6)

 

To such loftiness has reached the cultural progress in the Qur’anic jurisprudence, and to such great extent was the care to protect the souls and lives of people even though such souls and lives belonged to people who were idolaters and disbelievers.

 

Those who have more right to a peaceful and secure life are the believers, whether they were outwardly believers or true and sincere believers.

 

The most heinous crime and the most grievous sin after setting gods beside God is to kill a believer. Such a believer is defined by his outwardly appearance and attitude. Therefore the Qur’anic jurisprudence instructs the believers:

 

"It does not behoove a believer to slay a believer unless it be by mistake". (4:92)

 

meaning it is unimaginable that a believer should commit the heinous crime of killing another believer unless it was done only by mistake. What then is the penalty for killing a believer? Even an outwardly believer? About a premeditated murder, God says:

 

 

"And whoso slays a believer intentionally, his reward shall be Hell wherein he shall abide. And Allah shall be wrath with him and shall curse him and shall prepare for him a great punishment". (4:93)

 

A permanent abode in Hell, earning the wrath of God and a great punishment is the reward of a person who commits an act of murder. Even if the murderer is a believer, he receives the same reward.

 

Another question: What is the penalty for a person who kills millions of people intentionally, or who kills all of mankind?

 

The answer is: It is not possible for one person to kill intentionally by himself millions of believers nor can he murder all of mankind.

 

However, it is possible for a person to kill millions of believers if such a person issued a verdict making it permissible to kill a soul that does not deserve to be killed, as has been explained above, or if he issued a verdict to kill the apostate or to kill the married adulterer or to kill a person who abandoned offering the prescribed prayers, and the like of such poisonous verdicts which legislate a jurisprudence that has not been revealed by God, and which is in clear contradiction with the practice of God the Exalted and His Noble Messenger