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Is Killing An Apostate in the Islamic Law?
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[quote]"Execute the person who changes his faith" Bukhari 3017 Our jurists regard this verdict to have general application for all times upon every muslims who renounces his faith from the times of the prophet pbuh to the Day of Judgement. This hadith warrants the death penalty for every muslim who, out of his own free will, becomes a disbeliever. In this matter , the only point in which there is a disagreement among the jurists is whether the should be granted time for repentance befor eexecuting him, and if so what should be the extent of this period. The Hanaafite jurists however, exempt women from this punishment. This view of our jurists is incorrect. The verdict pronounced in this hadith has a specific application and not a general one. It is only confined to the people towards whom the prophet pbuh had been directly assigned. The Qur'an uses the words Mushrikin and Ummiyyin for these people. In the case of of direct and foremost adresses of a rasool, once the truth is unveiled to them in its ultimate form after which they have no excuse but stubborness and enemity to deny it, (itmam ul hujjah) there trial becomes totally complete . This punishment is enforced upon the direct addresses of a rasool in one of the two ways. If the rasool and his companions were not able to achieve political ascendancy, they migrate and divine punishment descended in the form of raging storms, cyclones and other calamities. i.e Ad Thamud, Noah and Lut. In the second case if the rasool and his companions were able to acquire political ascendancy then they subdue the nation and this is the case of prophet pbuh. On account of this , the ALmighty bade hprophet pbuh to declare that those among the Ummiyyin who had not accepted faith until the day of Hajj i Akbar (9th Hijrah) should be given a final extension by a proclomation made in the field of Arafat on that day. This final extension would end with te last day of the month of Muharram, during which they had to accept faith or face execution at the end of that period. " When the forbidden months are over, slay the idolators wherever you find them. Seize them, besiege them and every where lie in ambush for them. But if they repent from their ill beliefs and establish the prayer and pay Zaakah then spare their lives. God is most forgiving and ever merciful (9:5) The Hadith illustrating this law is "I have bene directed to wage war against these people until they testify to the oneness of God and to the prophethood of Mohammad, establish the prayer and pay zakah. If they accept these terms, their lives will be spared except if they commit some other violation that entails their execution by Islamic Law and (In the Hereafter) their account rests with God ( Muslim 22) This law is specifically meant for Ummiyyin or the people towards whom prophet pbuh had been directly assigned. Apart from them , it has no bearing upon any other person or nation. The people of Book who were present in the time of prophet pbuh were also exempted, consequently where teh detah penalty is mentioned for the Ummiyyin , adjescent to it has been stated in un equivocal terms that the people of Book shall be spared and granted citizenship if they pay Jaziyah "Fight agianst those among the people of Book who believe not in God nor in the last Day, and who do not forbid what God and His prophet have forbiden and do not accept teh religion of truth as their own religion, until they pay Jizyah out of subjugation and lead a life of submission.(9:29) The death penalty has been imposed upon the Ummiyyin if they did not accept faith after a certain period. It follows that if a person among the Ummiyin after accepting faith reverted to his orginal state of disbelief. he had to face the smae penalty. Indeed , it is this reversion about which the prophet pbuh is reorted to have said "execute the person who changes his faith" Who in the above hadith qualifies for the Ummiyyin. Our jurists have commited teh cardinal mistake of not relating the relative pronoun who in this hadith. Instead of interpreting the hadith in the light of the relationship between the Qur'an and hadith, they have interpreted it in its absolute sense., totally against the context of the Qur'an.[/quote]
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