[mukto-mona] 1) BBC: Afghan 'blasphemy' death sentence 2) Article on Apostasy and Islam

FYI

 

Attached at the bottom is a re-posting of well researched article from a Bangladeshi forum that belies the commonly held belief in prescribing death sentence for blasphemy and apostasy. It was written by Dr. Mohammad Omar Farooq, Upper Iowa University, April 2, 2007.

 

-Kalim

1)

 

Afghan 'blasphemy' death sentence

An Afghan journalist has been sentenced to death by a provincial court for distributing "blasphemous" material. Sayed Perwiz Kambakhsh, 23, was arrested in 2007 after downloading material from the internet relating to the role of women in Islamic societies. A primary court in Balkh province said that Kambakhsh had confessed to blasphemy and had to be punished. The court also threatened to arrest any reporters who protested against Kambakhsh's sentence. Kambakhsh, a student at Balkh University and a journalist for Jahan-e Naw (New World), was arrested in October 2007 after material he downloaded was deemed to be offensive to Islam. Shamsur Rahman, the head of the court, told Reuters news agency: "According to... the Islamic law, Sayed Perwiz is sentenced to death at the first court. "However, he will go through three more courts to declare his last punishment," he said. 'Deeply shocked' Balkh province's deputy attorney general, Hafizullah Khaliqyar, warned other journalists that they would be arrested if they attempted to support Kambakhsh. Kambakhsh did not do anything to justify his being detained or being given this sentence Reporters Without Borders But Agence France-Presse reported that journalists were gathering outside the home of the condemned reporter. The sentence has been welcomed by conservative Islamic clerics in Afghanistan but criticised by international human rights groups. Global media watchdog Reporters Without Borders said it was "deeply shocked" by the trial and appealed to President Hamid Karzai to intervene "before it is too late". In a statement, the group said the trial was "carried out in haste and without any concern for the law or for free expression, which is protected by the constitution". "Kambakhsh did not do anything to justify his being detained or being given this sentence." Kambakhsh's brother, Sayed Yaqub Ibrahimi, said the verdict was "very unfair" and appealed for help from the international community, reported Reuters.

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Now please read the following:

 

2)

 

Apostasy and Islam

" ... Let there be no compulsion in religion: Truth stands out clear from Error ..." [2:256]

This is Islam's unambiguous affirmation of freedom of faith, which also applies to changing of faith. The Qur'an illuminates before the humanity the two highways [90:10], one of which leads to salvation. Islam is an invitation to the highway toward salvation, but it is based on FREEDOM OF CHOICE.

 

On Apostasy and Islam:
100+ Notable Islamic Voices affirming the Freedom of Faith

Dr. Mohammad Omar Farooq
Upper Iowa University

April 2, 2007
[Compilation in Progress; farooqm59@yahoo.com]

"As presented in excerpts from numerous sources below, and links to works available online, there is no worldly punishment solely for apostasy [i.e., changing of one's faith/religion] mentioned in the Qur'an."

Freedom of faith is essential to Islam. Prophets and Messengers of Allah along with their communities had to struggle for their freedom of faith. That Islam is by choice is unambiguously stated in the Qur'an and reflected in the Prophetic legacy. However, throughout history, the issue has been clouded due to mixing the issue of apostasy with treason. Now one of the biggest tools of anti-Islam/anti-Muslim propaganda is based on the issue of apostasy, claiming that Islam does not uphold the freedom of faith. Even our own children are getting confused and many are quietly disavowing our wishy-washy position on as fundamental issue as freedom of faith/religion.

Undeniably, the traditional position of Muslim scholars and jurists has been that apostasy [riddah] is punishable by death. The longstanding problem of the traditional position, as held by Classical jurists or scholars, can be explained and excused as not being able to see apostasy, an issue of pure freedom of faith and conscience, separate from treason against the community or the state. However, the accummulated experience over the history in terms of abuse of this position about apostasy even against Muslims as well as the changed context of a globally-connected, pluralistic society should help us appreciate the contemporary challenges in light of the Qur'anic norms and the Prophetic legacy. In this context, while the classical misunderstanding about this issue of apostasy is excusable, the position of some of the well-known contemporary scholars is not.

Sayyid Abul A'la Maududi (commonly known as Maulana Maududi), the late founder and leader of Jamaat-e-Islami and a leading independent, revivalist Islamic personality of 20th century, is frequently referred to for his ardent argument for capital punishment for apostasy. He argued that there is an broad agreement of the leading jurists on this issue. He claims:

"To copy the consecutive writings of all the lawyers from the first to the fourteenth century A.H. would make our discussion very long. Yet we cannot avoid mentioning that however much the four Schools of Law may differ among themselves regarding the various aspects of this problem, in any case all four Schools without doubt agree on the point that the punishment of the apostate is execution." [The Punishment of the Apostate According to Islamic Law]

Such a sweeping claim is misplaced because the alleged agreement is about apostasy-cum-treason, not about solely apostasy. Furthermore, any claim of consensus (ijma) on almost anything should be taken with a great deal of circumspection. [see The Doctrine of Ijma: Is there a consensus?]

Another well-known Muslim scholar and jurist of our time, whom I also generally hold in high regard, is Dr. Yusuf al-Qaradawi. He asserts: "The duty of the Muslim community — in order to preserve its identity — is to combat apostasy in all its forms and wherefrom it comes, giving it no chance to pervade in the Muslim world." Similar to Maulana Maududi, he also claims ijma on this: "That is why the Muslim jurists are unanimous that apostates must be punished. ... apostasy is a criminal act." [Apostasy: Major and Minor]

Dr. Al-Qaradawi also fails to separate apostasy from treason. It is unfortunate that such scholars of high repute have shown such serious lapse in recognizing that, as Dr. Irfan Ahmad Khan, a scholar and Qur'anic exegete, argues: "Freedom of faith and religion is meaningless without the freedom to change one's faith."

Then, also there are scholars, even in the USA, who are either wishy-washy or ambivalent in regard to their positions. Some are too much beholden to the traditional views held in the past, right or wrong. Views and positions of scholars and leaders, such as Maududi and al-Qaradawi, not only provide powerful ammunition for propaganda against Islam and Muslims, but also confound the mind of our own community, including our youth, whose discerning mind sees through the double-standard or self-contraditiction quite transparently.

While many contemporary Muslim scholars have expressed their views affirming the freedom of faith, the collective voice of Muslims is still feeble and little known. In this write-up we have collated opinions and positions of various Muslim scholars, academics, intellectuals, imams, professionals, community leaders and others on this issue. Even young students are voicing against the double-standard that contradicts the Islamic values and principles.

These voices, representing a broad spectrum of Muslim community/ummah, are tipping the scale of the discourse on this issue in favor of affirming and upholding the pristine Islamic principle about freedom of faith. It also debunks the claim of unanimity (ijma), which was not quite true in the past, and it is even less true in the present.

Some additional explanatory notes: (a) Views of some of the early scholars might not be categorical or without variant reports. However, the excerpts included can be basis for identifying them as the precursors of the contemporary views on this issue. (b) There are (or have been) many scholars, early and contemporary, who hold that in case of apostasy capital punishment is not warranted, but have sanctioned or kept open the possibility of other punishments. There views have not been included here. (c) There are also scholars who belive that punishment of apostasy is not hadd (mandatory, specified punishment based on the Qur'an or sunnah), but it is subject to ta'zir [discretionary punishment, determined by the proper Islamic judicial system]. In this collection, there views have not been included either.

Before the views and opinions of a broad spectrum of Islamic voices are presented below, two brief statements about apostasy in the Qur'an and in hadith are in order.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Punishment of Apostasy in the Qur'an

As presented in excerpts from numerous sources below, and links to works available online, there is no worldly punishment solely for apostasy [i.e., changing of one's faith/religion] mentioned in the Qur'an.

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Punishment of Apostasy in Hadith

Reader are invited/urged to explore a vast amount of resources/links presented at this blog, where scholars authoritatively have shown that none of the hadiths about apostasy is without problem or weakness. Also, there is no hadith confirming punishment or retribution solely for apostasy. In every single case, where punishment has been meted out, riddah involved treason or rebellion.

For more and a complete list of relevant ahadith click on:

http://apostasyandislam.blogspot.com/

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