The Development of Apostasy and Punishment Law in Islam 11 Ahi 632 Ad - 157Ahi 774Ad
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THE DEVELOPMENT OF APOSTASY AND PUNISHMENT LAW IN ISLAM 11 AHI 632 AD - 157AHI 774AD By SamuelHosain, Lamarti A ResearchThesis Submitted to the Faculty of Divinity of Glasgow University In CompleteFulfilment of the Requirementsfor the Degree of Doctor of Philosophy Submitted on January2002 ii ABSTRACT As in Judaism and Christianity, the sin of apostasyis strongly condemnedas one of the gravest enormities (Ar. ahadu al-kabdir). In common with them, Islam is clear that the eternal punishmentof apostatesis sure and certain in the hereafter.But unlike Judaismand Christianity today, Islam is known to go further and condemnthem to death in the here and now. Strangely enough, with the exception of Saudia Arabia where Shariah is still in force, there is no evidencethat apostatesare still being executed in other Islamic countries. Yet, any attempt to cancel,abolish or re-interpret the apostasylaw has remained virtually impossible. This doctrine is generally held to be an unquestionable axiom of faith as it rests entirely on the prophetic tradition. Our researchattempts to demonstratefrom a historical/theological standpoint that the faith and messageof early Islam as presentedin the Qur'dn stands in glaring contrast to this doctrine. The political events of the late Umayyad and early Abbasid periods seem to have provided the fertile soil for the invention of those traditions on which later jurists elaborated a complex set of rules Vis-A-vis the legal status of the apostates.These rules have largely remainedto this day unchangeablythe same. Attention should be drawn to the fact that Qur'dnic quotations throughout this research work are from the translations of A. Yfisuf All, M. Marmaduke Pickhtall, N. J. Dawood and A. J. Arberry. In some places we felt that some corrections were necessary,and we have been bold enough to make them. This research study has not been an easy task to undertake. The difficulty of this subject could only be matched by the difficulty of finding material literatures relative to it. However, the fi-uits of our efforts presentedin this researchwork might at least serve as a starting point towards further researchesinto the origins and development of the punishmentof apostasyin Islam. Finally, I wish to expressmy profound gratitude to my supervisor, Dr. Mona Siddiqui for her valuable help and guidance during my three years as a researchstudent. My gratitude iii also goes to her colleagueDr. Lloyd Ridgeon for his time and advice, and for being a constant source of encouragement.My thanks are also due to my Presbytery of Irvine and Kilmarnock for freeing me from any presbyterial duties so that I can attend to my researchstudy without hindrance. I am especially indebted to Mr. Peter Anderson, my Church Youth leader, for initiating me into the world of computer Software and guiding me through its intricacies. What merit this work may have is due to the help and guidance of all these people whilst its weaknessesand faults must be attributed to me alone. iv CONTENTS Abbreviations vii Introduction viii EARLY ISLAM, ITS CONTEMPORARY FAITHS AND FEAR OF APOSTASY I 1.1. The Multi-Faith World of Pre-Islamic Arabia I 1.1.1. The Minor Religious Groups 2 1.1.2. The Major Religious Groups 5 1.2. The Rise of Islam and the Multi-Faith Crisis 11 1.2.1. The Prophet's Wars with the Jews 13 1.2.2. The Edict of 'Umar and the Prophetic Tradition 15 1.2.3. The Enforcement of the Edict in Muslim Sources 17 1.3. The Expulsion of Najranite Jews and Christians 19 1.3.1. A Politically Motivated Action 20 1.3.2. A Theologically Motivated Action 21 1.3.3. Danger Removed, but not the Remnant 28 2 THE QUR'ANIC VIEW OF OTHER FAITHS AND THE APOSTASY INDICTMENT 30 2.1. Islam in Qur'dnic Perspective 30 2.1.1. Al-Mu'miffin (The Believers) 30 2.1.2. Al-Hunafa' (Yhepre-Islamic Arab Monotheists) 33 2.1.3. Al-MuslimFan (7he Muslims) 35 2.2. Other Faiths in Qur'dnic Perspective 38 2.2.1. Al-Mushrilcýin(Yhe Associanists) 39 2.2.2. Al-Yah(id (Ae Jews) 41 2.2.3. An-Nasard (7he Christians) 43 2.3. Islam: Old yet ever New 45 2.3.1. Islam and its Antonym 'Kqft' 47 V 2.3.2. The 'Kiifi-IShirk' and the People of the Book 53 2.4. The Apostasy Indictment and the Qur'dnic 'Daivd' 56 2.4.1. A Recall to the Faith of Abraham and Ishmael 59 2.4.2. A Recall to the Faith of Moses and Jesus 60 2.4.3. Apostasy and Related terms 61 3. APOST ASY AND PUNISHMENT IN THE QUR'AN: A CASE FOR DIVINE RETRIBUTION 68 3.1. Apostasy: The Narrowing of the Wider Application 68 3.1.1. Apostasy in Islamic Jurisprudence 69 3.1.2. The Axiomatic Articles of Faith 73 3.2. Apostasy in the Qur'anic text 74 3.2.1. Other Qur'dnic Synonyms 77 3.2.2. Divine and Human Retribution 85 4. THE PROBLEM OF THE TRADITION, AND THE APOSTASY LAW 96 4.1. The Meaning of 'Hadith' and 'Sunnah' 96 4.2. 'Hadith' its Opponents and Exponents 97 4.2.1. The Opponents of 'Hadith' 98 4.2.2. The Proponents of 'Had-ith' 101 4.2.3. Shafi'i and the Divine Authority of 'Hadith' 105 4.2.4. 'Hadd: Its meaning and Development 107 4.2.5 The Outside Influence 109 4.3. Apostasy and Punishment in 'Had1th' III 4.3.1. 'Hadi-th Ar-Riddah' (a) III 4.3.2. 'Hadith Ar-Riddah' (b) 118 5. ABD BAKR, FIRST CALIPH, AND THE APOSTASY WARS 124 5.1. The Sources of the 'Apostasy Wars' 124 5.1.1 Western Critical Perspectives of the 'Apostasy Wars' 125 5.1.2. Liberal Muslim Perspectives of the 'Apostasy Wars' 129 5.2. The Causes of the 'Apostasy Wars' 133 5.2.1. A War on Believers for Withholding 'Zakdh' 134 5.2.2. A War on Unbelievers for withholding 'Sadaqah' 137 5.2.3. Wars of Conquests 139 6. WAS THERE AN EARLY MOVE TOWARDS PUNISHMENT FOR APOSTASY? 153 vi 6.1. The Apostasy Issue In Transition 153 6.1.1. Apostasy in the Theocratic Age 154 6.1.2. Apostasy and the Rise of Theo-politics 159 6.2. The Policies of AbIi Bakr and his Successors 163 6.2.1. The Critical Rule of Abli Bakr 165 6.2.2. 'Umar and his StableRule 167 6.2.3. 'UthmAn and the 'Fitna' (Unrest) 170 6.2.4. Ali and more Unrest 172 6.3. The Authority of the Primary and SecondarySources 176 6.3.1. The Judgementof God 176 6.3.2. The Judgementof Man 178 UMAYYAD AND ABBASID PROVENANCE OF TIHE TWO TRADITIONS 182 7.1. The Umayyad Regime 182 7.1.1. 'Ikrimah, his time and 'Hadith Ar-Riddah' (a) 184 7.1.2. 'Ikrimah and his Kharijite Affiliation 187 7.2. The Abbasid Regime 190 7.2.1. A]-Awza'T and 'Had-ith Ar-Riddah' (b) 192 7.2.2. 'Hadi-th Ar-Riddah' (b) and the Problem of Isnad 197 CONCLUSION 200 Vil ABBREVIATIONS AJSL American Journal ofSemitic Languages BJRIL Bulletin of the John Ryland Library BO Biblioteca Orientalis DWI Die Welt des Islams El Encyclopedia of Islam (f irst edition) JA Journal asiatique JAOS Journal of the American Oriental Society, JD1 Journal de Droit International JPOS Journal of the Palestine Oriental Society JQR Jewish Quarterly Review JRAS Journal ofthe Royal Asiatic Society iss Journal of Semitic Studies MLPS Manchester Literary and Philosophical Society Mw The Muslim World Religion TGUOS Transartions of the Glasgow Otiental Society WMANT WissenschaftlicheMonographien zum Alten und Neuen Testament,Neukirchen - Huyn viii Introduction In recent years, a few liberal voices have been heard in the Muslim world vis-a-vis the thorny question of apostasyand punishment in Islam. Seldom explicitly, but mostly implicitly, these voices called for honest and courageous steps towards a re-assessmentand re- interpretation of the long-standing question of apostasyin Islam. The necessityof bringing this issue into consonancewith modernity, they argued, is of the utmost importance. The response,however, has been meagre and varied. Published almost entirely in a few small booklets, the response ranged from negative, to positive, to ambivalent. The negative, which is in the main defensive, warns that a step in this direction would be a blatant intrusion ' upon an axiomatic article of faith (al-ma'lfim mina ad-di-n bi ad-darfirah). The positive tends to emphasise the importance of the Qur'An, which gives no prescribed punishment for apostasy, over the 'Hadi-th' that does. Usually the traditions (i. e. Hadi-ths) on apostasy and punishment are squeezed into harmony with the Qur'dnic passage pertaining to 'al-muhdribTn' (the armed 2 opponentS). Thus, the apostate worthy of death is none other than the one who having renounced his faith, went and joined the armed opposition camp. It may not be far off the mark to argue that such traditions may originally have referred to the inimical and fighting 3 apostates. Undeniably, there is some merit in this argument as we have already shown in this researchwork. The ambivalent response,however, appearsto want to have it both ways. One is free to renounceIslam and embraceanother faith providing he exercisesabsolute silence. What he has done is a matter between him and God. But he may be put to death if he voices his views, which can influence others and cause 'fitnah' (disorder) in the Muslim community.4 Seefor example, Abd al-'Aziz Al-Mat'ini, 'Uqahdt al-Irtidad 'an ad-Din bayn al-Adilldt al-Shariyah wa Shubuh6tal-MunkirTn (Cairo 1993).