Kill exMuslims or Not?

Apparently, the question to whether to kill exMuslims has support for both yes and no.

No to killing:
Those who advocate the death penalty for apostasy based their reasoning on a hadith which proclaims, "kill whoever changes his religion". But this hadith is open to varying interpretations on several grounds. 
First, this hadith is considered a weak hadith with just a single isnad (this means there is only one chain of transmission or narration) and thus according to the rules of Islamic jurisprudence, it is not enough to validate the death penalty. 
Second, this hadith is also considered a general ('amm) hadith in that it is in need of specification (takhsis); for it would otherwise convey a meaning that is not within its purpose. The obvious reading of the hadith would, for example, make liable the death punishment on a Hindu or Christian who converts to Islam. This is obviously not the intention of the hadith. According to the rules of Islamic jurisprudence, when a text is interpreted once, it becomes open to further interpretation and specification. Therefore, many scholars interpret this hadith to apply only to cases of high treason (hirabah), which means declaring war against Islam, the Prophet, or God or the legitimate leadership of the ummah. 
Third, and most importantly, there is no evidence to show that Prophet Muhammad saw or his Companions ever compelled anyone to embrace Islam, nor did they sentence anyone to death solely for renunciation of the faith. source

Yes to killing:
(1) This is the ruling of Allaah and His Messenger, as the Prophet (peace and blessings of Allaah be upon him) said: "Whoever changes his religion, kill him." (reported by al-Bukhaari, al-Fath, no. 3017).
(2) The one who has known the religion which Allaah revealed, entered it and practised it, then rejected it, despised it and left it, is a person who does not deserve to live on the earth of Allaah and eat from the provision of Allaah.
(3) By leaving Islaam, the apostate opens the way for everyone who wants to leave the faith, thus spreading apostasy and encouraging it.
(4) The apostate is not to be killed without warning. Even though his crime is so great, he is given a last chance, a respite of three days in which to repent. If he repents, he will be left alone; if he does not repent, then he will be killed.
(5) If the punishment for murder and espionage (also known as high treason) is death, then what should be the punishment for the one who disbelieves in the Lord of mankind and despises and rejects His religion? Is espionage or shedding blood worse than leaving the religion of the Lord of mankind and rejecting it?
(6) None of those who bleat about personal freedom and freedom of belief would put up with a neighbour’s child hitting their child or justify this as "personal freedom," so how can they justify leaving the true religion and rejecting the sharee’ah which Allaah revealed to teach mankind about His unity and bring justice and fairness to all? source

No comments:

Post a Comment