About apostasy in Islam

About apostasy

Source: http://www.irfi.org/articles/articles_251_300/is_killing_an_apostate_in_the_is.htm

Ridda or Irtidãd: Literally means "turning back". The act of apostasy -- leaving Islam for another religion or for a secular lifestyle.
Murtadd: Literally means "one who turns the back." An apostate.
Murtad Fitri: Literally means apostate - natural. A person born of a Muslim parent who later rejects Islam.
Murtad Milli: Literally means apostate - from the community. A person who converted to Islam and later rejected the religion.

Muslims who support the death penalty for apostasy use as their foundation the above cited hadith, in which the Prophet (pbuh) is reported to have said: "Kill whoever changes his religion." But this is a weak foundation because this hadith was only transmitted from Muhammad (pbuh) by one individual. It was not confirmed by a second person. According to Islamic law, this is insufficient confirmation to impose the death penalty. The Shari`ah has not fixed any punishment for apostasy.

The hadith is so generally worded that it would require the death penalty for a Christian or Jew who converted to Islam. This is obviously not the prophet's intent. The hadith is in need of further specification, which has not been documented. Many scholars interpret this passage as referring only to instances of high treason. (e.g. declaring war on Islam, Muhammad (pbuh), God, etc.).
There is no historical record, which indicates that Muhammad (pbuh) or any of his companions ever sentenced anyone to death for apostasy.

Misinterpretation of the hadith, Man baddala Dinahu faqtuluh (kill him who changes his religion) has caused the problem. This order has been made to look general and permanent, though it was said in a particular circumstance for a particular group. Shaykh Subhani writes that this order was made to counter a scheme prepared by Jews of Madinah. They had planned that some of them embrace Islam for some time and then return to their old religion. Then some other people do the same. It was aimed to create restlessness among Muslims against their own leadership so that the strong Muslim unity should start crumbling. It was made clear in Qur'an in (Aal Imran, 3: 72-73).

To counter this planning the Prophet (SAW) ordered his companions to act in such a manner. Despite this order lengthy investigations were made to ascertain that the case was true and the person concerned was given adequate time to explain before the punishment was carried out.
Shaykh Subhani says lack of clear grasp of Qur'an misguided even leading Ulama. Otherwise it was not difficult to understand the hadith. Qur'anic teachings on the issue were not kept in mind.
He emphasizes that people who were awarded death penalty for reverting to other religions from Islam during the time of the Prophet (SAW) or during the reign of his caliphs were not given the punishment for the crime of apostasy but for the fact that they were at war with Muslims and Islamic government.
Shaykh Subhani regrets that punishment that was prescribed for certain people under special circumstances was made to look like a general order. He says that it was the order for people who posed threat to Islamic state and became at war with Islam and not for any person who reverts to other religion.

A number of Islamic scholars from past centuries, Ibrahim al-Naka'I, Sufyan al-Thawri, Shams al-Din al-Sarakhsi, Abul Walid al-Baji and Ibn Taymiyyah, have all held that apostasy is a serious sin, but not one that requires the death penalty. In modern times, Mahmud Shaltut, Sheikh of al-Azhar, and Dr Mohammed Sayed Tantawi have concurred.
In conclusion, we must never confuse the issue of killing a murtad with the freedom of conscience guaranteed in the Glorious Qur'an. For a detailed discussion, one should read (1) the Dr. Yusuf Al-Qaradawi's book on this issue: Jareemat ar-riddah wal murtadd (The Crime of Apostasy and Apostate) - published by Ar-Risalah foundation.
(2) Apostasy doesn't carry death penalty in Islam (Book: Tabdili-e-Mazhab aur Islam) by Maulana Inayatullah Asad Subhani)-published by Idara Ihya-e-Deen, Bilariya Ganj, Azamgarh (UP, India) Pages: 108, Price Rs 30.

Allah (SWT) says in the Glorious Qur’an (39: 53-54: Say: “ O you servants of Mine who have transgressed against your own selves! Despair not of God’s mercy. Behold God forgives all sins, for verily He is much forgiving, a dispenser of grace! Hence, turn toward your sustainer and surrender yourselves unto him before the suffering (of death and resurrection) comes upon you for then you will not be succored.”