Should every apostate be killed in
Islam?
Dr. Mohiuddin Waseem
The apostasy of Abdur Rehman, an Afghan national
who converted from Islam to Christianity made news headlines after the mounting
foreign pressure on Afghan Government including a call to drop the case from
The traditional ‘Islamic’ view
point of giving an apostate a capital punishment is based on a saying (Hadith) from Prophet Mohammad (PBUH) in which he said, “Whoever changes his religion, put
him to death [man baddala Dinahu faqtuluhu (Sahih Bukhari)]”. If one follows the literal meaning of this Hadith it would also require the death penalty for a
Christian or a Jew who converted to Islam. But you will agree that this is not
what the Prophet had intended as I am going to show you the background of this
saying.
This saying of the Prophet
is part of a narration which reads, “Some Zanadiqa
(atheists) were brought to 'Ali and he burnt them to
death. The news of this event, reached Ibn 'Abbas who said: If I had been in his place, I would not
have burnt them, as Allah's Apostle (may peace and
blessing of Allah be upon him) forbade it saying: “Do not punish any body with
Allah's punishment (fire)”. I would have killed them according to the statement
of Allah's Apostle: “Whoever changed his religion, then kill him [Sahih Bukhari]”. The Zanadiqa were a group of people who were causing mischief in
the land and in their ignorance believed that Ali (RA) was God incarnate.
But let us first see what the Holy Quran
teaches us on this subject? Because Islam was the most democratic voice among
other religions 1400 years ago which taught social justice at every level of
society it should not come as a surprise to any that the Holy Quran is
completely silent on awarding any kind of punishment for apostasy rather it
teaches us tolerance in these words, “Let there be no compulsion in the
religion: Surely the right path is clearly distinct from the crooked path (Al Baqarah, 2:256)”.
The Holy Quran discusses the possibility of
converting to another religion (3:100), (2:217), (2:208-209) or moving back and
forth between Islam and another religion (4:137) and never sanctions a worldly
punishment for such acts but instead promises a grievous penalty in the
afterlife, where the matter will be finally decided by God Almighty.
Furthermore, the Holy Quran setting the
rules of engagement in a Muslim society strictly prohibits the imposition of
the death penalty other than in two specific circumstances. In one where the
person is guilty of murdering another person and the other where a person is
guilty of creating unrest in the country for example by act of treason or
terrorism etc.
The Quran says, ‘Whoever kills a person
without his being guilty of murder or of creating unrest in the land, is as
though he kills the whole of mankind (Al-Ma’idah, 5:
32)’. It follows therefore that if an apostate is neither a ‘murderer’ nor
‘causing unrest in the land’ he can not be executed.
I found an interesting Hadith
in Sahih Bukhari which
highlights the understanding of early Muslims on this topic well before the
evolution of four known ‘fiqa’ and if we read this Hadith along side the one I mentioned earlier the
circumstances of killing an apostate becomes clearer.
The hadith is a
long discourse between Caliph Umar Bin Abdul Aziz his associate Abu Qilaba and
the other dignitaries of his court. At one point Abu Qilaba
said, “By Allah, Allah's Apostle (may peace and blessing of Allah be upon him)
never killed any one except in one of the following three situations: A person
who killed somebody unjustly and therefore was killed (in sanction), a married
person who committed illegal sexual intercourse and a man who fought against
Allah and His Apostle and deserted Islam and became an apostate”. Then the
people said: “Didn't Anas bin Malik
narrate that Allah's Apostle Cut off the hands of the thieves, branded their
eyes and then threw them in the sun (to die) (implying capital punishment for
thieves as well)?” Abu Qilaba replied: “I shall tell
you the narration of Anas (for clarity)”. Anas said: “Eight persons from the tribe of 'Ukl came to Allah's Apostle and gave the pledge of
allegiance for Islam (became Muslim). The climate of the place (Madina) did not suit them, so they became sick and
complained about that to Allah's Apostle”. He said (to them): “Won't you go out
with the shepherd of our camels and drink of the camel’s milk and urine (as
medicine, a form of treatment during those days as Camel’s milk and urine had
concentrated medicines and herbs which they grazed in the desert)?” They said: “Yes”.
So they went out and drank the camel’s milk and urine, and after they became
healthy, they killed the shepherd of Allah's Apostle and took away all the
camels. This news reached Allah's Apostle, so he sent (men) to follow their
traces and they were captured and brought (to the Prophet). He then ordered to
cut their hands and feet, and their eyes were branded with heated pieces of
iron, and then he threw them in the sun till they died. Abu Qilaba
said: “What can be worse than what those people did? They deserted Islam,
committed murder and theft”. Then 'Anbasa bin Sa'id said: “By Allah, I never heard a narration like this
as today”. Abu Qilaba
said: “O 'Anbasa! You deny my narration?” Anbasa replied: “No, but you have related the narration in
the way it should be related. By Allah, those people are in welfare as long as
this Sheikh (Abu Qilaba) is among them”. Abu Qilaba added: “Indeed in this event there has been a tradition
set by Allah's Apostle (may the blessing and peace of Allah be upon him)”.
In conclusion an apostate can not be prosecuted
on the basis of apostasy alone. The Holy Quran does not award worldly
punishment neither the Prophet ever tried anybody for that reason. The capital
punishment of an apostate is no different from a Muslim if either is found
guilty of murdering innocents and causing unrest in the society.
