Apostates and Blasphemers

Centre for Islamic Studies at SOAS
The Interpretation of Qur'anic Text to Promote or Negate the Death Penalty for Apostates
and Blasphemers / ‫ﺗﻔﺴﻴﺮﺍﻟﻨﺼﺎﻟﻘﺮﺁﻧﻴﻠﺘﺄﻳﻴﺪﺃﻭﺩﺣﻀﻌﻘﻮﺑﺔﺍﻹﻋﺪﺍﻣﻠﻠﻤﺮﺗﺪ‬
Author(s): Declan O'Sullivan and ‫ﺃﻭ ﺳﺎﻟﻴﻔﺎﻥ ﺩﻳﮑﻼﻥ‬
Source: Journal of Qur'anic Studies, Vol. 3, No. 2 (2001), pp. 63-93
Published by: Edinburgh University Press on behalf of the Centre for Islamic Studies at SOAS
Stable URL: http://www.jstor.org/stable/25728038 .
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The Interpretation of Qur'anic Text to
Promote or Negate theDeath Penalty for
Apostates and Blasphemers
Declan O'Sullivan
UNIVERSITY OF DURHAM
Introduction
Within the Islamic madhdhib (schools of law), there is an existing difference of views
on how apostasy can be defined, identified, acknowledged and sentenced against,
through the tafsir (exegesis) of theQur'an, Sunnah and ahddith which are quoted as
relating to the act, in the defence for the sharVa sentences. One side argues for the
death penalty, while the other side argues thatpunishment will be thewrath ofAllah
on JudgementDay, in the after-life, thus after a natural death. The fascinating part of
thisdebate is thatboth positions are defended on the legal and theological hermeneu
tical tafsir interpretationsof the very same Qur'anic dydt.The Qur'an, per se, cannot
differ,but the interpretationof themeaning of the ayah for the legal sentences, based
upon it,certainly do.
In the analysis of theQur'anic translation and interpretation it is essential to present

both sides of the view thatare based on the same sources of information.An analysis
will attempt to assess the extent of the ambiguity and lack of any established consis
tency in the issue involving apostasy and apostates within Islam. Examples will show
how Qur'anic exegetes, Islamic jurists and theologians have differed in their inter
pretations, and how the established sharVa sentencing for apostasy came about.
Samuel M. Zwemer cites various Muslim scholars who take the view that there is no
mentionin the Qur'an that an apostate or blasphemer against either the Prophet
Muhammad or theQur'an or against Islam generally, will receive the death penalty:
It can be very safely asserted that Islam does not prescribe any
punishment in thisworld for apostasy. This, for very obvious

reasons, is due to the fact that the greatest triumphs of theTrue
Religion ofAllah have throughout lain in the fact of its being
extremely rational, persuasive and human.1
Zwemer refers also to the Islamic Review, with reference to the life of the Prophet
Muhammad:

64 Journal of Qur'anic Studies
the life of theHoly Prophet, whose each and every act has been
minutely recorded by historians, likewise is destitute of any direct

or indirect referencewhich might give us any hint as to the apostate
having been condemned to die solely for his change offaith.2

[Italics added for emphasis.]
However, Zwemer appears to reject these viewpoints and unequivocally indicates

which side of the fence he sits on, by announcing that, in reference to the quotes he
has cited above, that:
Such statements cannot be allowed to stand unchallenged. This little

book3 may be considered as a presentation of the facts on the other
side of the question; and we leave the decision to the candid reader.4
The present researcher has looked into the arguments on both sides of the debate, as
candidly and sincerely as one can. This paper covers the different interpretationsof
theQur'anic ayat that are believed to deal with the acts of apostasy and blasphemy
against Islam, where the same ayat are interpretedand translatedwith very opposite
messages. Some Islamic theologians and jurists assert that themessage of the death
penalty is found in theQur'an, whereas other interpretationscannot find thismessage
anywhere in the same ayah, or anywhere else in theQur'an. Hopefully an in-depth
analysis of the translations of Qur'anic ayat will allow the opposing parties to 'agree
to disagree,' or even to compromise with each other with mutual respect.
Is the death sentence for apostasy written in the Qur'an?

The 'death sentence' point of view follows the argument that is detailed by
Mohammad Iqbal Siddiqi within his work The Penal Law of Islam, based on a trans
lation of Q.2:217:5
.. .Andwhoever turnshis back from his religion and dies as an unbe
liever, it is theywhose works would be in vain in theworld and the

Hereafter, and they are the denizens ofHell-Fire, and therein shall they
abide forever.
Islam has looked down upon it as a very grave offence and has rec
ommended capital punishment for it, thedetails of which can be found
in theHoly Qur'an, the Sunnah of theHoly Prophet (peace and bless
ings ofAllah be upon him) and the practice followed by his four right
eous Caliphs.6
However, counter-balancing this argument,Mirza Tahir Ahmad7 states the opposing

view in the argument of sentencing for apostasy. He also uses a translation of the
same ayah, arguing that:

The Death Penalty forApostates and Blasphemers 65
The Holy Qur'an states: 'They will not stop fightingyou until they
turnyou back from your faith, if they can. The works of those from
among you who turnback from their faith and die in a state of disbe
lief shall be vain in thisworld and the next. These are the inmates of
the fire, therein shall they abide.'
This means thatwhoever, out of fear of the sword (or the pain of pun
ishment) decides to abjure Islam has a fundamental right to do so, but

no one else has the right to declare him to be an apostate. The right to
declare himself to be an apostate lies only with him. Nowhere in the
Holy Qur'an has this rightbeen granted to others. That is to say, one
is free to renounce one's own religion but has no right to impose
renunciation of religion on others.8
In furtherreference to Q.2:217, the first lines of this ayah concern the question of
whether Muslims have any permissibility to undertake fighting during the sacred
months within the Islamic calendar.9 Mohammad Ali, in his translation, argues that
Q.2:217 offers the reasons which necessitate the raising of arms against the enemy,
while forbidding any fighting in the sacred months, except by way of reprisal from
oppressors. Thus, he argues thatTt is an error to suppose that thisayah legalises fight
ing in the sacredmonths.'10 The reasons forprohibition are given inQ.2:189u and the
ways of reprisal are raised inQ.2:194.12 Mohammad Ali relates an event cited from
Imam Muhammad Fakhr al-Din Razi,13 which shows that the injunction proffered in
Q.2:194 was never broken. The ProphetMuhammad requested thatcAbdullah bin Jahsh
should bring him some news concerning an approaching caravan of theQuraysh. While
c
seeking the information required, Abdullah bin Jahsh caught threemen at Nakhla,
0
killed one of them and arrested the other two. Abdullah bin Jahshwas questioned, in
order to discover whether the killing had occurred within a sacred month. He replied
that the person was killed on the last day of Jwnada, in the early evening. The new
moon of Rajab did not appear until after the sunset. The killing was allowed, as itwas
a defence against the acts of persecution that the threemen had undertaken,which was
also a part of the continuous campaign thatwas growing against the newly converted
Muslims, theirproperty and themosques, all within sacred territory. None of these
things,or the sacredmonths, had been respected by the persecutors themselves, during
theirrampage of violence. The persecution became so intense and daily, thatAli states:
As therewas no hope now that the enemy would cease persecution so

- note the
long as there remained a singleMuslim inArabia words they
will not cease fighting with you until they turnyou back from your reli
- the
gion, if theycan Muslims were compelled to take up the sword
in self-defence.14

The people spoken of in this ayah are the apostates, those who 'turnback from their
religion.' Ali argues that a completely wrong impression is held by non-Muslims and
by someMuslims also, that theQur'an requires that thosewho apostatise from Islam
be put to death. He clearly states 'but this is not true.'15He also argues that some
Christian writers have not interpreted theword fa-yamiit correctly, as theydefine it to
mean 'he shall be put to death,' when its correct translation and meaning is 'then he
dies:16
He furthersthe explanation of thisayah, by suggesting that theQur'an simply says that

the opponents of Islam used persecution and torture to try and enforce apostasy
amongst theMuslims. The Qur'an iswarning that if aMuslim were to return to unbe
lief,he would be a loser in this life as well as in the afterlife,as deserting Islam would
deprive him of the spiritual advantages of Islam, as well as thephysical advantages that
accrue toMuslims through the triumphof Islam. A vital point he concludes with is:
And neither here nor anywhere else in theHoly Qur'an is there even a
hint at the inflictionof capital punishment or any other punishment on
the apostate.17
He also highlights another relevant point that:
it should be noted that though theword irtiddd,which is the technical

word for apostasy, is used only twice in theHoly Qur'an, here and in
5:54, a return to unbelief after belief ismentioned several times, and
on not a single occasion is death stated to be thepunishment for return
to unbelief.18
to continue
Following the death of the Prophet Muhammad, several tribes refused
to their former beliefs. This led the first
paying the zakah and thus reverted Caliph,
Abu Bakr al-Siddiq to undertake the episode of al-ridda, (The War of Apostasy).
a significant comment. He offers a
Regarding this campaign, Mohammad Ali makes
to have been introduced,
potential reason for the punishment of death for apostates
which could have been due to the circumstances during the first eighteen months of
theMuslims' residence inMadina. During that time theywere in a state of constant
- in this
warfare with theQuraysh and otherArab tribes, so apostasy specific situa
-
tion meant not the desertion of the individual's faith, but the deliberate removal
from the 'Muslim cause' by some Muslims, who actively joined the hostile enemies
of Islam. It could have been justifiable at that time forMuslim Law to prescribe such
a death penalty as a deterrent to avoid the rise in numbers of quisling traitors from
their community. However, to emphasise that thiswas a 'human law,' for theirown
on this issue 'theHoly
support and defence of the Islamic community,Ali argues that
Qur'an is silent.'19

Another case of differing interpretationsand translations of theQur'an intoEnglish

can be more blatantly seen in thework ofMohammad Tahir-ul-Qadri, Islamic Penal
System and Philosophy. He translatesQ.9:12 as:
But if theybreak faith afterpledging itand ridicule your religion, then
decapitate the leaders of disbelief so that theymay be restrained from

this act, for theyhave no regard for theirpledged word.20 [Italics added
for emphasis]
One wonders how theword 'decapitate' could derive from theArabic script, as most
other translations interpretthis ayah with itmeaning to only Tight as self-defence,'
as opposed to actively killing. Perhaps this is a case of where the translatormanages
to utilise the ability of passing on their not-so-hidden agenda within the translated
'message' of thisayah. However, the same ayah is translated byMuhammad Asad as:
But if they break their solemn pledges after having concluded a

covenant and revile your religion, then fight against these archetypes
of faithlessness who, behold, have no (regard of theirown) pledges, so
that theymight desist (from aggression).21
He argues thathere the phrase 'if theybreak their solemn pledges after having con
cluded a covenant' refers to the unbelievers who concluded treaties of friendshipwith
theMuslim community. Thus, the subsequent breaking of the solemn pledges sug
gests a breach of the Treaty of Hudaybiyya, that had been agreed upon by the
Quraysh; this breach led to theMuslim conquest ofMecca in 8H.22
He also argues that theword imam (of which a 'imma is the plural) refers to not just
a 'leader' but primarily, in this context, 'a person who is an object of imitation
by his
followers (Taj al-cArus) thus a 'model' or 'exempler' or 'archetype'. Also the term
kufrwhich usually refers to 'denial of or 'refusal to acknowledge' the truth,is used
here as 'faithlessness' as it relates specifically to a deliberate breaking of the previ
ously made solemn treatyand agreement.23 The same ayah is translated byAbdullah
Yusuf Ali as:
But if they violate their oaths after their covenant, and taunt you for
-
your Faith fight ye the chiefs of Unfaith: For theiroaths are nothing
to them:That thus theymay be restrained.24
He comments that 'not only did enemies break theiroaths shamelessly but they even
taunted theMuslims on theirFaith and the "simple-minded" way inwhich they con
tinued to respect theirpart of the treaty,as if theywere afraid to
fight!'25
Another translation of the same ayah is given byMohammad Ali as:

And if theybreak theiroaths after theiragreement and (openly) revile

-
your religion, thenfight the leaders of unbelief surely theiroaths are
-
nothing so that theymay desist.26
His commentary is delivered in very strong language:
Note, again, that those leaders of unbelief are to be fought against who
break their oaths after their agreement, and furtherthan that,openly
revile the religion of Islam; even among these, it is the leaders who are
to be particularly punished in fighting.The subject has been made so
clear thatone doubts whether lack of honesty or lack of brains is the
real defect of thosewho seem to think that theQur'an is here offering
the sword or Islam as alternatives.27
It is of interest to note thatnone of the last three translations of theQur'an used here
forQ.9:12 use theword 'decapitate'. Also, theword irtidad (apostasy) is used only
twice in theQur'an, inQ.2:217 as we have discussed, and inQ.5:54:
O ye who believe! If any from among you

turnback from his Faith, soon will Allah
produce a people whom He will love as they

will love Him, - lowly with the believers,
mighty against theRejecters, fighting in the

Way ofAllah, and never afraid of the reproaches
Of such as find fault.That is theGrace ofAllah,
which He will bestow on whom He pleaseth: and
Allah encompasseth all, and He knoweth all things.28
Abdullah Yusuf Ali, in his commentary on this ayah (Q.5:54), makes a reference to a
previous ayah thathe cites as Q.5:52, as they intertwinewith the general view that:
As 'mostmen are rebellious' (v.52), it is inevitable that there should

be apostates even from such a religion of reason and common sense as
Islam. But here is a warning to theMuslim body that they should not
repeat the history of the Jews, and become so self-satisfied or arrogant

as to depart from the spiritof God's teaching. If theydo, the loss will
be theirown. God's bounty is not confined to one group or section of
humanity.29
On a similar interpretationwith this analysis, Mohammad Ali argues that this
ayah was revealed to comfort the Prophet Muhammad, following the strategic appli
cation of tactics by the Jews, in their aim to apostatise those who had recently con
verted to Islam. Interestingly enough, he also suggests that this ayah could potential

ly refer to the role ofAbu Bakr during the ridda campaign. Therefore thisayah was
revealed:
to the Prophet against themachinations of the Jews,who made plots

of every sort tomake theMuslims apostatise. Who were the particular
men or tribes that apostatised, and who were those who came in their
place, is amatter which lieswithin the sphere of history.The Prophet's

life in Madina, however, affords clear proof that apostasy never
thinned the ranks of Islam, and if one man apostatised, a number of
people joined the ranks of Islam and fought in itsdefence. Three tribes
are said to have apostatised towards the close of theProphet's life,but
as these were dealt with in the time ofAbu Bakr, the prophetic refer
ence in these words is clearly toAbu Bakr's caliphate, which wit
nessed a fulfilmentof thisprophecy when the companions of theHoly
Prophet, immediately afterhis death, had to suppress a very great ris

ing,which would ultimately have led to the apostasy of whole tribes.
Thus Abu Bakr and his helpers and advisers are the people who are
here spoken of as lovingAllah and being His beloved ones.30
Muhammad Asad interpretsthe firsthalf of the first sentence in this ayah as 'O you
who have attained to faith! If you ever abandon your faith'31 and makes a very inter
esting interpretationof itsmeaning. In his tafsirnote, he argues that theArabic script

should be literally translated tomean: 'whosoever from among you abandons his
faith' and explains that this sentence actually refers to a specific act that some
Muslims might have undertaken, by making allegiance with hostile non-Muslims
who were anti-Islamic activists. Hence, Asad's assessment of themeaning of the ayah
is that it relates to some form of being a 'traitor' to Islam and to theMuslim commu
nity: 'in result of having placed his reliance to non-Muslims who are hostile to Islam,
and having taken them for his 'allies' and spiritualmentors.'32
In a summary of Q.5:54, which was revealed towards the end of the Prophet's life,
Mohamed Selim El-Awa states that it refers to how to treat an apostate (murtadd)
from Islam, and emphatically claims that 'In this ayah the murtadd is certainly
exempt from any sort of punishment in this life.'33
In another reference to thosewho had recently become Muslims and then deliberate
ly apostatised, as a way ofmocking Islam and depleting the ranks of the Islamic com
munity, Mohammad Ali makes a very similar interpretation for themeaning of an
ayah inQ.3:71, in that ithas a strongly linked relationship to thatof Q.5:54. He trans
lates it as:
And a party of the followers of the Book say: "Avow belief in that

which has been revealed to those who believe in the firstpart of the
day, and disbelieve, at the end of it; perhaps theymay go back;.. ."34
In his tafsirof Q.3:71, Mohammad Ali reiterates the point that this relates to the Jews
who specifically planned to embrace Islam, only to thendeliberately deny the truthof
themessage of theQur'an and of the Prophet Muhammad, in order to confuse and
create an ambiguity amongst the genuine believers so that theymight return to their
former beliefs.35 Ali feels that themost convincing argument - beyond any doubt or
- that death was not and is not a
ambiguity punishment for apostasy, is contained
within these very plans and actions by the Jews while they lived underMuslim rule
within Madina. In his interpretationof themeaning of the ayah, Mohammad Ali
declares that:
.. .the
meaning would be that they should avow a belief in the truthof
Islam in themorning and deny it in the evening, and thus perturb the
minds of those who had gone over to Islam, creating the impression
that the religion of Islam was a false religion, otherwise the Jews,who
possessed the scriptures, could not have apostatised after they had
embraced Islam. The adoption of this plan, is a clear proof that
apostates were not put todeath?6 [Italics added for emphasis]
Not accepting this interpretationwould raise the question 'how could people living
underMuslim rule conceive of such an overtly visible attempt to discredit Muslims
and Islam, if this act of apostasy was punishable by death?'
cAbd al-Razzaq Nucman al-Samara'i, in his work Ahkam al-Murtadd fi'l-SharVa
al-Islamiyya, has assimilated several tafsircomments presented by differentexegetes,

which all define the interpretationof Q.5:54 as being merely a warning and a fore
seeing of the episode of al-ridda (TheWar of Apostasy), following the death of the
Prophet Muhammad. As can be noted by his collection of these views:
Al-Samara'i has collected opinions of exegetes, like al-Tabari,
al-Qurtubi, al-Zamakhshari, al-Razi, and al-Tabarasi,

al-Nishapuri,
on the interpretation of this ayah. Their opinions may be summed
up by saying that the ayah embodies a warning and a prophecy.

The warning conveyed was that apostasy would not affect Divine
purposes in the least. The prophecy foreshadowed the apostasy of

several tribes on the death of the Prophet and gave the glad tidings
that they would be replaced by God-loving and God-loved true
Muslims. The main inference derivable from the ayah is that there
is no punishment for apostasy to be enforced in thisworld, for such
human aberrations cannot frustrate God's purposes.37

Another ayah that seems to be inclined towards promoting the death penalty for apos
tates, is that of Q.4:89. This ayah most certainly requires some more ratherdetailed
analysis to present anothermore appropriate explanation of itsmeaning:
They but wish that ye should reject Faith, as they do, and thus be on
the same footing (as they): But take not friends from their ranks until
they flee in theway ofAllah (fromwhat is forbidden). But if they turn

renegades, seize themand slay themwherever youfind them;And (in
any case) take no friends or helpers from their ranks.38
[Italics added for emphasis]
This ayah,together with the ayah that follows it, have created great interest
throughout the Qur'anic literature,with different commentaries on its 'acceptable'
meaning. Abdullah Yusuf Ali suggests that the phrase 'seize them and slay them'
specifically refers to the death penalty thatwas the legal sentence on a person who
had repeatedly undertaken a desertion from the community.39Even after the convic
tion of the crime of desertion, therewere two cases that held exemption from the
death penalty. One situationwould be if the deserter took refugewith a tribe thatheld
a peace treatywith the Islamic community. Such a location would be safe, as the tribe
could:
be trusted to keep theman from fighting against the forces of Islam -

in themodern phrase, to disarm him and render him harmless. The
second case for exemption is where the man from his own heart
desires never to take up arms against Islam, though he does not wish
to join the forces of Islam, to fight against a hostile tribe (perhaps his
own) fighting against Islam. But he must make a real approach, giving
guarantees of his sincerity. In the modern phrase he would be 'on
parole.'40
This view is also supported by the observations ofMohammad Ali in his commentary
on these dydt.He argues that for any neutral observer
reading theQur'an, thisayah
(Q.4:89) should be obviously understood as:
showing clearly that even waverers were not to be killed or fought

against if they refrained from fighting, though theymay have gone
over to unbelief after accepting Islam. The
logic of deducing the pun
ishment of death for apostates from this ayah is as absurd as that
which seeks to draw a similar conclusion from 2:217. The commenta
tors agree that the persons referred to in this ayah were unbelievers
and notMuslims.41
S.A. Rahman argues that this ayah and those following it (fromQ.4.89-92), offer a

very clear message, within which Muslims are instructed how to react against hyp
ocrites who pretend to be genuine believers. No matter how offensive theirbehaviour
may be, as long as it is not a physical attack, themessage is to be patient and wait for
them to receive theirmessage of Truth with connection toGod. However, it is only in
the event of a physical attack that theQur'an promotes the natural reaction of self
defence, for personal survival. In no ayah in theQur'an does it encourage Muslims
to initiate the attack on non-believers.
However, there are other interpretationsand translations of this ayah which present
the opposite interpretationas the truemeaning of itsQur'anic message. As an exam
ple, Majid Khadduri quotes Q.4:89-90 in this form:
Why are ye [divided into] two parties on the subject of the hypocrites,
when Allah has cast them off for theirdoing?.. .Take thereforenone of
them for friends, till theyhave fled theirhomes for the cause ofAllah.
If they turnback, then seize them, and slay themwherever ye find
them...42
Khadduri takes the view that these ayat have unquestionable clarity, and deal with the
punishment for apostasy, in particular. He claims that it:
specifically states thatdeath sentence should be imposed on thosewho

apostatise or turnback from theirreligion, all commentators agree that
a believer who turnsback from his religion (irtada) openly or secret
43
ly,must be killed ifhe persists in disbelief
Samuel Zwemer also presents the appraisal of how to interpretthese ayat, based on
the comments by BaydawT. Zwemer declares that:
It will be sufficient to quote what the standard commentary of

Baidhawi says on the firstpassage: 'Whosoever turnsback from his
belief (irtada), openly or secretly, take him and kill him wherever ye
find him, like any other infidel.Separate yourselffrom him altogether.
Do not accept intercession in his regard:44
As can be seen here both Samuel Zwemer and Majid Khadduri make almost identi
cal comments on Q.4:90. The translations are also written in a very similar fashion.
to are identical, and
Clearly, the conclusions of both authors, and the tafsir referred
on looking at the footnotes of Khadduri's work, published in 1955, there are citations
and quotes taken directly from Samuel Zwemer's work, which was firstpublished in
1924. Therefore, it could be argued thatKhadduri has, perhaps, not looked any fur
ther,or any deeper, into questioning the legal sentencing on this topic; or any further
thanZwemer, theChristian missionary minister, has.

This criticism of both authors can be easily explained further,togetherwith the rea
sons why this statement has been raised.
Critique by a sharica Judge on a Christian Minister's Interpretation

As S. A. Rahman, the retiredChief Justice of sharVa law in Pakistan indicates, the
interpretationof Q.4:89-92 can quite easily be misunderstood, which will lead to an

incorrect conclusion about themessage of theQur'an and of Islam, as propagated by
theProphetMuhammad. Regarding 'interpreters' such as Samuel Zwemer who adopt
a view without confirming whether or not the specific tafsir could be genuine and
unalterable, S. A. Rahman states (about Q.89-92):
It is plain that even these dydt do not permit aggression against hyp
ocrites. If they are peaceful, no action can be taken against them. It is
only if theyadopt open hostility that they are to be engaged in combat

and killed. Only an unfair critic, likeDr. Zwemer, could have suggest
ed, as he does, by quoting only a part of the ayah that they furnish
proof of lack of toleration and absence of personal liberty inMuslim
law. Apparently, Majid Khadduri sees in this ayah authority for the
death penalty in a case of apostasy - an impossible position in the
whole context.45
With a furtherexplanation, S. A. Rahman identifies the source of the genuinely mis

construed interpretationby Islamic jurists and theologians - that theperpetrator of the
simple act of apostasy on its own will receive the death penalty:
In the early years of Islam, the fact thatpersons who defected from the
religion also joined the enemy groups, may have obscured the distinc
tion between peaceful renegades and apostates who actively opposed
the faithful.Chalpi, in his comments on Fath al-Qadir, cites Ibn al
Hamman's opinion that 'there is no punishment for the act of aposta
sy, for its punishment is greater than that, with God.'This is an
extremely significant comment, in harmony with the letter of the
Qur'anic text.46 [Italics added for emphasis]
Samuel Zwemer uses al-Khazan as the primary source for defending his hypothesis
that the death penalty for apostasy is stated as the unquestionable 'norm' within
sharVa law. Al-Khazan quotes from several of the founders of the four Islamic
madhdhib which present this sentence as having a legitimate, valid status from the
interpretationof theQur'anic message. As Zwemer proclaims:
The famous commentary of Al Khazan (used most extensively in the

Mohammedan University called Al Azhar), quotes from Malik
ibnAnas, Ahmad ibnHanbal and others, and gives this interpretation

of the ayah: "All the deeds of the apostate become null and void in
thisworld and the next.He must be killed. His wife must be separated
from him and he has no claims on any inheritance" (page 155,
vol.i, Cairo edition). Ath Thacalibi (788A.H.), in his commentary on
Sura II, ayah 214, leave no doubt that the ayah in question, whatever
the grammatical construction may be, demands the death of the
apostate.47
However, S. A. Rahman's assessment of Zwemer's comments is that:
Dr. Samuel M. Zwemer's conjecture thatcommentators derive justifi

cation for the death penalty from this ayah read with ayah 218, al
Baqarah, is fanciful. The mere fact that in theTafsir Khazan, the var
ious disabilities (including the death sentence) towhich an apostate is
subject, according to the orthodox view, are categorised under ayah

218 of al-Baqarah, cannot support this view, as Dr. Zwemer seems to
48
imagine
Further evidence to support the view thatvoluntary apostasy is not punishable in this
life, comes fromQ. 16:106:
Whoso inAllah after he has believed - save him who is

disbelieves
-
forced thereto and whose heart is still contentwith faith but such as
open theirbreasts to disbelief: on them iswrath fromAllah. Theirs will
be an awful doom. (Al-Nahl, 107)49
S.A. Rahman argues here, that any neutral observation when interpreting themean
ing of this ayah, will lead to the discovery thatThe only punishment mentioned for
apostasy in this ayah is postponed to theHereafter.'50 Also, al-Samara'i reiterates this
point, and cites the opinion presented by al-Qurtubi in his work al-Jamic, where al
QurtubT declares that 'theayah conveys an admonition that thewrath ofAllah will be
incurred by the apostate but there is no hint of any other punishment.'51
El-Awa states that from 16:106, which was revealed during the lateMeccan period,
'it is clear from thewords that the apostate is threatened only with punishment in the
next life.'52
However, Tahir-ul-Qadri counter-argues that themessage conveyed inQ.3:85 is that

death is the penalty for voluntary apostasy:
Whoso seeks a religion other than Islam,

it shall not be accepted from him.53
Tahir-ul-Qadri indicates that here the word 'seeks' refers to voluntary deviation

from Islam. However, Abdullah Yusuf Ali in his commentary on the same ayah
does not mention death as the penalty, but simply that such a person has wronged
himself:
The Muslim position is clear. The Muslim does not claim to have a
religion peculiar to himself. Islam is not a sect or an ethnic religion. In
itsview all Religion is one, for theTruth is one. It [Islam] was the reli
gion Preached by all the other prophets. Itwas the truthtaught by all
the inspiredBooks. In essence, itamounts to consciousness of theWill
and Plan of God and a joyful submission to that Will and Plan. If any
one wants a religion other than that,he is false to his own nature, as he
is false toGod's Will and Plan. Such a one cannot expect guidance, for
he has deliberately renounced guidance.54
In reference to 'all the inspired Books', he is clearly indicating the previously

revealed scriptures,which include - among others - theTorah, the Injll (Bible) and
- The
theZabur (Psalms), hence theAhl al-Kitab People of theBook.55
Muhammad Hamidullah in his work The Muslim Conduct of State, argues that:
To wage war against apostates is justified on the same principle as that

on which the punishment of a solitary apostate is based. The basis
of Muslim polity being religious and not ethnological or linguistic,
it is not difficult to appreciate the reason for penalising this act of
apostasy. For it constitutes a political-religious rebellion.56
He defines apostasy inMuslim law as an act of 'turningaway from Islam afterbeing a

Muslim. Not only does it occur when a person declares his conversion to some non
Islamic religion, but also when he refuses to believe in any and every article of the
Islamic faith.'57He raises theposition of the relevantpunishment for thisact, by emphat
ically assessing the legal sentence, deriving from a broad background, which includes:
The sayings and the doings of the Prophet, the decision and the
practice of the Caliph Abu Bakr, the consensus of the opinion of the
Companions of theProphet and all the laterMuslim jurisconsults, and
even certain indirect verses of theQur'an all prescribe capital punish
ment for an apostate.58
He cites these 'certain indirect verses' as being Q.37:57 and Q.5:54. This is of some
interest,as Q.5:54 has been covered above, as being an ayah that is often quoted by
both sides, but the present research has not found anywhere the relevance of Q.37:57
in the context of apostasy, or for it to be mentioned in any of the relevant literature
discussing this topic. Q.37:57 reads as:

For had itnot been formy Sustained s favour, I would
surely be (now) among those who are given over (to suffer).59
There are also no ayat surrounding this ayah, that relate to the punishments for dis
believers, or renegades, apart fromQ.37:63 that reads as 'Verily, We have caused it to
be a trial for evil doers,'60 but commentators on this ayah, argue that it relates to the
concept of the afterlifebeing Heaven or Hell, depending on how a person lead their
life here. Hamidullah then continues to describe that there is no distinction between
a Muslim who was born ofMuslim parents and that of someone who converted to
Islam. There is also no difference for a Muslim to convert to the Ahl al-Kitah
(Judaism and Christianity), atheism, pagan idol worship, or any another non-religious
faith system.
In terms of the apostate's repentance time-scale, he states that it is essential for the
apostate to have the issue of his conversion discussed, in an effort to remove any
doubts of the Islamic faith thatmay have arisen. This time-scale does not necessarily
rely on the three-day allowance, butmay even last for several months.61 Hamidullah
lists the specific conditions that the apostate must meet, to be legally accused of such
an act. Such exclusion includes cases of a person deemed to be insane, delirious,
melancholy or perplexed. Also a minor, or one who is intoxicated, or someone who

had declared their faith in Islam under coercion or a person whose faith in Islam had
not been known or established; if these 'were to become apostate theywould not suf
fer the supreme penalty.'62 Added to this list,Hamidullah cites theHanafi madhhab,
which includes women and hermaphrodites as being exempt from the death penalty.
These two categories would be incarcerated and 'even physically tortured'.An aged
old man would also be exempt from the death penalty. Concisely, concerning the
treatmentof an apostate, he clearly emphasises that:
The apostate has to choose between Islam and the sword; he cannot be
given quarter nor will he be allowed to become a dhimmiy (i.e. a resi

dent non-Muslim subject of theMuslim State on payment of the year
ly protection tax). De jure he is dead.63
Now, a very importantpoint to address is themanner inwhich theQur'an treats those

who believe and then disbelieve, and repeatedly change theirminds. The next ayah,
Q.4:137 seems rather self-explanatory:
Those who believe, then reject Faith, then

believe (again) and (again) reject Faith, and
-
go on increasing inUnbelief, Allah will not
forgive them nor guide them on theway.64
Shaikh Abdur Rahman argues in no uncertain terms, that:

This is a striking pronouncement and almost conclusive against the

thesis that an apostate must lose his head immediately afterhis defec
tion from the faith.The ayah visualises repeated apostasies and rever
sions to the faith,without mention of any punishment for any of these
defections on this earth. The act of apostasy must, therefore,be a sin
and not a crime. If he had to be killed of his very first defection, he
could not possibly have a history of conversions.65
Muhammad Zafrullah Khan comments on Q.4:137 by stating that this ayah proclaims
thateveryperson is given the choice to accept Islam by theirown will and thateverypos
sible way of entering the faith is accessible to all. His furthercomments announce that:
It has also been proclaimed that it is possible for everyone to depart

from Islam by any of the doors that provide entry into Islam and to
proclaim his disbelief and his apostasy. Thus as the doors of entry into
the circle of Islam are open to everyone, thedoors of egress from Islam
are also open.66
For a person to depart from their faith and leave Islam, Khan raises the question of
whether the teachings of Islam allow those found guilty to be able to offer any repen
tance (istitaba) and return to the faith.He argues thatQ.4:137 establishes that ifa per
son has sincerely believed in Islam and then announces that theyhave left the fold of
the faithful,and also admit that theydeny God and theProphet Muhammad, butGod
still offers them an opportunity to return to hold a legitimate place within the Islamic
- - then there is
community which they undertake sincerely nothing to prevent this
from occurring. The doors of entry into Islam are as equally open to these people, as
theywere open the first time,when they became a Muslim. If, after this return to
Islam, the same person again denies God and theProphet Muhammad, this is also an
acceptable act. The person:
is free to do so a second time, and is not subject to any restriction, for

there is no compulsion; there is freedom of conscience and freedom of
belief. If he disbelieves again and goes on advancing in disbelief and
does not repent,Allah would not forgive such a one, nor would guide
him to any way of deliverance. He would achieve no spiritual
success.67
Also commenting on this ayah, Syed Barakat Ahmad argues that the death
penalty
after the first time a person is proven guilty of apostasy cannot be defended, due to
themeaning of this Qur'anic ayah. He perceives that, clearly, 4A recanter cannot
enjoy the repeated luxury of believing and disbelieving if the recantation is punished
by death. A dead man has no furtheropportunity to 'again believe and disbelieve.'68

Reiterating this point, Mohammad Hashim Kamali argues that this particular
Qur'anic ayah:
provides, once again, a strong argument against the death penalty for
apostasy... The implication is unmistakable. The textwould hardly
entertain the prospect of repeated belief and disbelief ifdeath were to
be the prescribed punishment for the initial act. It is also interesting to
note that the initial reference to disbelief is followed by furthercon
firmation of disbelief and then 'increase in disbelief.' One might be
inclined to think that if thefirst instance of apostasy did not qualify for
-
capital punishment, the repeated apostasy might have provoked it
had such a punishment even been intended in theQur'an.69
Freedom for Every Person to have 'FreeWill' and 'Free Choice.'
Q.2.-256 states that:"
There is no compulsion in religion: Truth stands out clear fromError:

whoever rejects evil and believes inAllah hath grasped themost trust
worthy hand-hold, thatnever breaks. And Allah heareth and knoweth

all things.70
El-Awa also argues that the death penalty for apostasy, particularly when it is per
ceived to be within the hadd punishments, contradicts theQur'anic principle stated
within Q.2:256 which states la ikrahafi %din (there is no compulsion in religion).'71
cAliMuhammad Ibn Hazm, in his work al-Muhalla, avoids this argument due to his
claim that the ayah 256 was abrogated and such compulsion is acceptable in religion.
Ibn Hazm furthershis defence by claiming that the punishment for apostasy does not
contradict themessage of theQur'an.72 El-Awa argues that thisposition is invalid, as
Qur'anic scholars have competently listed the abrogated ayat of the Qur'an, and
Q.2:256 is not amongst them.73He highlights another source defending this interest
ing point, which is the corollary put forward by The Encyclopaedia of Islam, under
their section entitled murtadd, which summarises the information given as Tn the
Kur'an the apostate is threatened with punishment in the next world only.'74
Mohammad Ali suggests, concerning Q.5:54 that, therefore,within theQur'an there
is no mention of the punishment of a death sentence for apostasy:
as well as thatmagna carta of religious freedom, the 256th verse of

the second chapter, la ikraha fi (l-din (there is no compulsion in
religion).75
Muhammad Asad defines the termdin used here, with its relevant meanings in use
throughout theQur'an, in furtherayat. He suggests that:

The termdin denotes both the contents of and the compliance with a
morally binding law; consequently it signifies 'religion' in thewidest

sense of this term, .... comprising also the concept of 'faith.'The ren
dering of din as 'religion,' 'faith,' 'religious law' or 'moral

law,'depends on the context inwhich this term is used. On the strength
of the above categorical prohibition of coercion (ikrah) in anything
thatpertains to faith or religion, all Islamic jurists (fuqaha"), without
any exception, hold that forcible conversion is under all circumstances

null and void, and thatany attempt at coercing a non-believer to accept
the faith of Islam is a grievous sin: a verdict which disposes of the
widespread fallacy that Islam places before the unbelievers the alter
native of 'conversion or the sword.'76
As Mahmoud Ayoub suggests, there are certain conditions thatobviously relate to the
use of thisayah. For example:
The freedom to wilfully accept or reject faith after the truthhas

become known, implies religious freedom and personal responsibility.
This principle is unequivocally enunciated in the strictcommand: 'Let
therebe no coercion in religion (Q.2:256).' But religious freedom does
not mean irresponsible religious anarchy. Rather, freedom is condi
tioned by knowledge of the truth.77
The idea that it is not up to humans to control other humans in theirbelief and wor
ship systems is also found elsewhere in theQur'an, where itclearly indicates thatGod
alone will punish those who rejectHim. Q.88:22-24, reads as:
Thou art not one tomanage (men's) affairs

But if they turnaway and rejectAllah -
Allah will punish him with a mighty punishment.78
Abdullah Yusuf Ali comments that:
The Prophet of God is sent to teach and direct people on theway. He

is not sent to force theirwill, or to punish them, except in so far as he
may receive authority to so do. Punishment belongs toGod alone. And

punishment is certain in the Hereafter, when true values will be
restored.79
Muhammad Asad states in his translation of theQur'an, that the line in ayah 22: 'thou
canst not compel them (to believe)'80 should mean, in a literal translation of the
Arabic script, that 'thou hast no power over them'.81 Therefore, the sinners and the
disbelievers have the power to change their own mind and find their own
genuine

faith, as opposed to itbeing imposed upon them, as coercion achieves no sincere and
devout believers.
There aremany other similar ayat which intertwinewith these themes, ofGod's mes
sage offeringhumans theirfreewill, and free choice to chose Faith, or reject it,as the
- and no other human will be affected
pain will be theirs and not God's by such an
act.
Two final examples of such, assessed here, are Q. 10:99 and Q. 18:29. Q10:99 reads as:
If ithad been thyLord's Will - all who

theywould have all believed
were on earth!
Wilt thou then compel mankind against theirwill - to believe!82
Muhammad Asad raises the interestingpoint in this ayah, that:
The Qur'an stresses repeatedly the fact that 'had He so willed, He

would have guided you all aright' (6:149) - the obvious implication
being thatHe has willed itotherwise: namely, thatHe has given man
thefreedom to choose between rightand wrong, thus raising him to the
status of a moral being (in distinction from other animals, which can
only follow their instincts).83
The 'freewill' allotted to every human being allows them the choice to achieve gen
uine Faith in this life, or lose God'ssatisfaction,when theywill have to explain their
rejection toHim on theDay of Judgement. The translation of this ayah could not be
more open and uninhibited in presenting every human with the choice of Faith, and
then seeing if theyhave the courage and the confidence to undertake the challenge of
understanding and accepting the task of devout worship toGod, living life as humble
people.
Q. 18:29 speaks of 'Justice' and 'Truth'with themost powerful definitions:
Say, "The Truth is from your Lord"

Let him who will, believe, and let him
who will, reject (it):
For thewrong-doers We have prepared
A Fire whose (smoke and flames), like
The wall and roof of a tent,will hem
them in: if they implore relief theywill
be granted water likemelted brass, that
will scald their faces: How dreadful the
drink! How uncomfortable a couch to
recline on!84

Mahmoud Ayoub interpretsthemeaning of both Q. 10:99 and Q. 18:29, and hence the
Qur'anic message in general:
The Qur'an categorically repudiates religious coercion and affirms

that faith and rejection of faith, right guidance and misguidance ulti
mately restwith God to give orwithhold as He will... The principle of

free choice in thematter of personal faith is ultimately conditioned by
God's absolute and eternal power and knowledge, revelation of
the truthand human understanding... human beings remain free to
accept or reject faith, and hence to choose eternal reward or eternal

punishment.85
Punishment forApostates in the Sunnah
Having shown that the legal death sentence for apostasy cannot be an obvious mes
sage from the dydt of theQur'an, we now turn our attention to themessage in the
Sunnah, which can only be brieflymentioned here, as the primary issue addressed in
this article is the differing tafdslrof theQur'an.
Briefly, concerning whether or not women who apostatise from Islam should receive
the death penalty for this act, the three schools of fiqh founded by Muhammad ibn
Idris al-ShaficI,Malik ibnAnas and Ahmad ibnHanbal, hold the opinion thatwomen
should equal men, and both receive the death penalty, whereas the fourth school,
founded by Imam Abu Hanifa, states thatwomen apostates should be incarcerated
and not killed.86Women are to be incarcerated and punished five times a day, during
the prayer time, until they genuinely consent to repentance and return to the commu
nity of Islam.87As S. A. Rahman explains:
The subject will be found discussed adequately by Al-Samara'i in

ahkdm al-murtadd, wherein the relevant authorities are cited...
instances of theProphet forbidding thekilling of women for their lack

of fighting capacity are mentioned, and the view is upheld that the
slaying of a person is grounded on hirdb (fighting or active enemy)

and notmerely on change of faith.88
Haroon states that the punishment for apostasy is a hadd (crimes and punishments
statedwithin theQur'an).89 He defines apostasy as an offence by aMuslim who gives
up and renounces Islam. 'The punishment is beheading formen, but only imprison
ment for women. This is one of the many privileged treatments Islam gives to
women.'90
There is also a difference of opinion in the time that is allowed for those convicted of
apostasy and/or blasphemy to repent (istitdba) and return to the Islamic community.
This time-scale is also not found to have any definitive evidence stated within the

Qur'an. There is a broad range of suggestions within the fourmadhdhib as towhether

the time-scale should be three days, a month, or no time at all, while other Islamic
jurists and theologians argue that it should be a life-long endeavour to encourage the
sinner to realise that they had lost their faith, and regain it. Sinners are given time to
reconsider theirposition, and to rediscover theirown desire to return to Islam, before
a natural death; thus, this is not a decision undertaken at the court's discretion.91
HanbalT and Maliki schools of law state that it is obligatory for a convicted blasphe
mer to be given every opportunity to repent and return to Islam.92 Another report
states thatcAH ibnAbi Talib held the view thatan apostate should be called to repen
tance over a period of twomonths. Furthermore, both Ibrahim al-Nakha'i, who taught
Imam Abu Hanifa, and Sufyan al-Thawri hold the view that the door of repentance
should remain open indefinitely,so that the apostate will have the length of his life to
be allowed to re-embrace Islam.93
The interpretationof some of the ahddith which refer to the legal penalty for acts of
blasphemy and apostasy, will show that the death penalty seems to have its source in
ahddith rather than in theQur'an.
As Khadduri explains, The traditions are more explicit in providing the death penal
ty for everyone who apostatises from Islam,'94 which is a certain admission that the
Qur'an is not explicit with thismessage in any ayah, and that it does not explicitly
appear through any of themain themes in the overall Qur'anic message.
Abdullahi Ahmed An-Na'im argues that:
The punishment of apostasy in Shari 'a is based on Sunna. It is report

ed, for example, that theProphet said: The blood of a fellowMuslim
should never be shed except in three cases: That of the adulterer, the
murderer and whoever forsakes the religion of Islam.' It is also report
ed that theProphet, peace be upon him, said: 'Whosoever changes his
religion, kill him.'95
Mohammad Hashim Kamali states that thishadith clearly shows thatan apostate must
also have abandoned the Islamic community (mufarriq li'l-jamdca), by challenging
the legitimacy of its leadership, hence receiving the death penalty due to the act of
high treason.96El-Awa strongly argues that: 'Again, the law for apostasy cannot be
inferredfrom this hadith:91
Another example of a person leaving Islam, and theway that itwas dealt with by the
Prophet, is reported several times in the collection of ahddith, Sahih al-Bukhdri, and
is also found in the collection byMalik ibnAnas, in his work Kitab al-Muwatta \This
hadith concerns a Bedouin. The hadith manifests the tolerance and acceptance of the
Prophet in his expression that it is up to each individual to choose the free choice of

theirown path.
c
Narrated by Jabir ibn Abdullah al-Ansari:
A Bedouin gave the pledge of allegiance toAllah's Apostle for Islam

and theBedouin got a feverwhere upon he said to theProphet 'Cancel
my Pledge.' But the Prophet refused. He came to him (again) saying,
'Cancel my Pledge.' But theProphet refused. Then (the Bedouin) left
(Madina). Allah's Apostle said: 'Madina is like a pair of bellows
(furnace): It expels its impurities and brightens and clears its good.'98
Clearly, the Prophet's manner to resolve this case was to let theBedouin walk away
from the Islamic community. He clearly expressed no anger and certainly presented
no capital punishment.99As Muhammad Zafrullah Khan explains:
This incident is most instructive.The man's

repeated request to the
Holy Prophet thathe might be released from his pledge is conclusive
proof that apostasy was not a punishable offence. Had itbeen punish
able, as is affirmedby some of themisguided divines, with death, this
man would never have approached theHoly Prophet with the request
thathe might be released from his pledge.100
Another example is the hadith recorded by al-Bukhari, which describes a Christian

who converted to Islam and then apostatised back to Christianity.101 This case
involved cAbdullah ibn Sacd ibn Abu Sarh, who was the Prophet's scribe of the
Qur'an, as it was revealed. Ibn Abu Sarh renounced Islam and departed from
the Prophet's company by moving toMecca. Ibn Abu Sarh portrayed the Prophet
as a 'self-created' prophet and a 'liar'. This case is covered in the ahddith
collection ofAbu Dawud and explains that the Prophet gave total protection and for
giveness to him.102 Even though he had been the scribe of theQur'anic revelations
and had then apostatised, therewas still no severe punishment or sentence delivered
by the Prophet.
Arguably, the only case in authentic ahddith of the punishment for 'apostates'
occurred among the people of the cUkal and cUrayna. This case is commonly quoted
in this context; itwas referred to by al-Tabari in his work Jdmic al-Baydnfi
'l-Tafsir
al-Qur'an and also by al-Suyuti in his work Lubdb al-Nuqul fi Asbab al-Nuzulm
c
which covers a report fromMalik ibnAnas and another report from Abd
al-Razzaq
who traces it fromAbu Hurayra. The reports argue thatQ.5:34-35, was revealed fol
lowing the case of some people of the cUkal (or cUrayna) who had embraced Islam,
but had then become ill. They were told by the Prophet Muhammad to spend some
timewith a herd of the Prophet's camels, drinking theirmilk and urine as medicine,
so they could recover from their illness. However, the group of men, once having

recovered, became renegades and apostates, they robbed, tortured and killed the
herdsman and released the camels. They were caught, brought back to the Prophet
and were believed to have been torturedand then executed as a punishment for ridda,
and as rebels against Allah and his Prophet (muhdriburi).
However, it is clear thatthe renegades in these circumstances were punished forhirdba

(a hudud crime of armed robbery), for their acts of torture,robbery and murder, as
opposed to having simply left the fold of Islam. It is argued that 'apostasy' was the
termused to cover the broad range of serious crimes that themen had perpetrated.104
El-Awa states that:
it is universally agreed that this incident has nothing to do with the
punishment ordained in Islamic law for apostasy. Accordingly, noth

ing can be inferredfrom this report to help in determining the punish
ment for apostasy.105
A fascinating point is raised in al-Hiddya which a commentator mentions as a further
explanation: 'mere unbelief does not legalise the killing of a man.'106
Another hadith that is used to defend the death penalty for apostates is: 'man baddala
dinahu fa-aqtuliihu' - 'Kill whoever changes his religion.' Much stress is placed on
c c
this hadith reported by al-Bukhari to have been narrated by Abdullah ibn Abbas,
which is short and clear in its statement relating to this instruction from theProphet
Muhammad.107 This hadith is also reported byMalik ibnAnas in his work Kitab al
Muwatta' to have been narrated by Zayd ibnAslam.108 Samuel Zwemer cites the full
version of the hadith, as held by al-Bukhari, narrated by cIkrima. In this hadith, Ibn
c
Abbas presents his support of the death sentence for apostates, but restricts theman
ner inwhich the penalty should be delivered:
c
Narrated 'Ikrima: Some zanadiqa (atheists)were brought to Ali and he
c
burnt them.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
forbade it, saying, "Do not punish anybody with Allah's punishment
(fire)." I would have killed them according to the statementofAllah's

Apostle, 'Whoever changed his Islamic religion, thenkill him.'109
Muhammad Ali argues that al-Bukhari has indicated that apostates are to be killed
only when they are aggressively fighting against Allah, Islam, the faithfulMuslims
and the Prophet. Ali suggests that this hadith only refers to those who join the ene
mies of Islam in a stage of active war. He states that there is a necessity to confine the
definition of which specific apostates this hadith refers to, for it to be reconciled with
other ahddith and themessage of theQur'an. He raises thepoint thatone limited def

inition is essential to allow the hadith to have anymeaning, otherwise itwould refer
to any change of faith,which broadens its understanding too far.Thus, in the latter
context, even a non-Muslim who becomes aMuslim, a Jewwho becomes a Christian,
or a Hindu who becomes a Buddhist must be killed. There is no substantive evidence
which ascribes such punishment delivered by the Prophet himself, which means the
hadith cannot be accepted unless logical limitations are applied to it.110
Shaikh Abdur Rahman traces the chain of transmission of this hadith. It is seen to be
only a solitary hadith (ahad) and Abdur Rahman argues that thismakes it a contro
versial source upon which to base such legislation.111This view is also defended by
Abdur Rahman's argument that neither the Prophet nor his Companions ever com
pelled anyone to accept Islam or sentenced anyone to death simply due to their
renunciation of theirfaith.112The renowned Hanbali juristTaqi al-Din Ibn Taymiyya
categorically agreed on this issue in his work al-Siydsa al-Sharciyya fi Islah al-Ra'i
wa'l-Ra'iyya.113 This point is also highlighted by El-Awa who quotes from Baji's
commentary of al-Muwatta\ where Baji claims thatapostasy is 'a sinwhich requires
no hadd punishment.'114
Supporting the view thatapostasy does not qualify for any temporal punishment, both
Mohammad Hashim Kamali and also cAbd al-Razzaq Nucman Al-Samara'i, in his
work Ahkam al-Murtaddfi 'ISharVa al-Islamiyya, citeMahmud Shaltut's analysis of
relevant Qur'anic evidence. Shaltut concludes that theQur'an affirms that any pun
ishment of this act will only occur in theHereafter:
As for thedeath penalty forapostasy, the juristshave relied on theHadith

c
reportedby Ibn Abbas inwhich theProphet has said 'Kill the one who
changes his religion' (man baddala dinahu faqtuluhu). This Hadith has
evoked various responses from the (ulama,many of whom are in agree
ment that the ... prescribed penalties (hudud) cannot be established by
solitaryHadith (ahad), and thatunbelief by itselfdoes not call for the

death penalty. The key factorwhich determines the application of this
punishment is aggression and hostility against thebelievers and the [need

to] prevent possible sedition (fitnah) against religion and the state.This
conclusion is sustained by themanifest meaning ofmany of thepassages
in theQur'an which proscribe compulsion in religion.115
A very relevant and interestingpoint is raised here byMohammad Ali, who

explains
thatdue to either an almost deliberate misinterpretation or, at least, due to a misun
derstanding of the principles of Islam and themessage of theQur'an, there is one

main reason why the death penalty has been translated unequivocally, byWestern,
non-Muslim scholars, such as Samuel Zwemer in his work The Law ofApostasy in
Islam. As Mohammad Ali states:

In their zeal to find the death sentence for apostates in the Holy
Qur'an, some Christian writers have not hesitated to give an entirely

wrong translation of theword fa-yamut {then he dies) as meaning then
he isput to death, fa-yamut is the active voice and yamutu means he
dies. The use of thisword shows clearly thatapostates were not put to
death. Some interpretershave drawn a wrong inference from the
words "whose works shall go for nothing." These words do notmean
thathe shall be treated as outlaw.116
Conclusion
Syed Barakat Ahmad, in his article Conversion From Islam, has assessed the hadith,
and the entire history of Islam, concluding that:
An attempt to comb thirteenhundred years of Islamic history to find

the number ofMuslims who were put to death because of their con
version from Islam would prove futile.117
Citing various instances inhistory,he details the circumstances that lead up to the con
victed perpetrator's execution based on the accusation of 'apostasy,' the last of which
was the execution in January 1985 ofMahmoud Muhammad Taha in the Sudan. Taha
was convicted of apostasy and executed because itwas believed that 'he considered
that theMadinan part of theQur'anic legislation was no longer applicable.'118
Following this list of case assessments, and the reasons that lead the Islamic jurists
and theologians to defend the sources that theyquote to derive thedeath penalty, Syed
Barakat Ahmad declares that:
The death penalty for conversion from Islam to another religion, sanc
tioned neither by theQur'an nor by the Sunna, was retained, but not
because it had a practical value. Itwas more a symbol of dominance
than an instrument for preventing a Muslim from converting to the
faith of his choice. Itwas a scarecrow in the desert.119
Kamali puts forward the argument that in contemporary times, it is essential to form
a distinct separation between the political and religious content of blasphemy. This is
based on the fact that therewas a predominant political basis for this offence during
the early days of Islam, whereas in contemporary times no such political basis exists.
Apostasy and blasphemy were seen then as a strong threat to the continuance of
Islam, as itwas a 'new faith,' and the newly established state had no firmbasis to
defend itself from the constant hostility thrustupon it.120
cases at that time, and conclud

Making comments on the assessment of the apostasy
cases and
ing them to be a political offence,cAbd al-Hakim Hasan al-cIH analysed the

promoted the idea that the Prophet had permitted the death sentence for apostasy
under his authority as the political leader at that time. He also had the capacity of
discretionary decisions of judgement, so 'as such, the Prophet himself has treated
apostasy as a taczlr offence.'121 It is recorded as evidence that theProphet exempted
several people from the death sentence, who had not just renounced Islam but had
also vilified and insulted him. Kamali mentions that throughout this assessment, the
word 'apostasy' is used synonymously with 'blasphemy' as most, if not all, of
the cases that involved apostasy were interwoven with blasphemous attacks upon
Islam or the Prophet. This was such a common occurrence that the two offences
became indistinguishable.
The death penalty for apostasy could only be applicable if, as before, therewas a
fledgling state tryingto strengthenand defend itself fromwithin. It should be remem

bered also that the classical Islamic jurists who promoted the death penalty were
writing fromwithin the context of a state.However, in contemporary timesMuslims

live within secular states, where to implement such punishment would be totally
-
inappropriate, since there is no Islamic state to defend and as we have established
-
simply changing one's religion does not warrant the death penalty.
Given the different situation in contemporary times, there is a need to look into the
concept of the 'universalityof religion,' in theworshipping ofGod, when it is defined

as the 'submission' toGod. Thus, inArabic, theword for 'submission' is islam to
God, and every person is born as a muslim ('obedient,' toGod's law). Therefore, there
seems to be no need to have the 'two sides of the story'when it concerns one's indi
vidual faith inworship. As expressed by Article 18 of theUNDH, 'Everyone has the
right to freedom of thought, conscience and religion; this right includes freedom to
change his religion or belief, and freedom, either alone or in community with others
and in public or private, tomanifest his religion or belief in teaching, practice, wor
ship and observance.' As Abdel Salam Sidahmed states:
'Article 18 is not about preaching apostasy or licensing the hegemony

ofmissionaries in theworld of Islam. Rather, it is simply about toler
ance. As followers of every religion are bound to thinkof theirfaith as
the one and only Truth,mutually acceptable principles of human rights
may be the only common ground for all.122
NOTES
1 SamuelM. Zwemer, The Law ofApostasy inIslam: Answering theQuestionWhy There are
so Few Moslem and
Converts, Giving Examples of Their Moral Courage and Martyrdom
(AmarkoBook Agency,New Delhi: 1975.First edn. publishedbyMarshall Bros. Ltd., London:
1924) p. 9. Zwemer cites from 'Apostasy and its Consequences under Islam and Christianity'
in Islamic Review,November 1916, p. 485ff, inhis own Bibliography,p. 163.
2 Ibid. p. 9. See also Maulvi Mohammad Ali, The Holy Qur'an: Arabic Text with
Containing

English Translation and Commentary (Ahmadiyya Anjuman-I-Ishaat-I-Islam, Lahore: 1920)

ftnt. 279, p. 99.
3 Here Zwemer makes reference to his book The Law of Apostasy in Islam, as this quote comes
from the same book's preface, p. 9.
4 Ibid. p. 9
5 Translation from Abdullah Yusuf Ali, The Holy Qur'an: Text, Translation and Commentary
(3 vols. Lahore, 1969) Q.2:217, vol.

1 p. 85. It is necessary to note here that the numbering of
an ayah may differ on account of some translations the basmallah at the
including beginning
of each surah as a separate ayah in itself, hence Q.2:217 would become Q.2:218.
6 Mohammad Iqbal Siddiqi, The Penal Law of Islam (InternationalIslamic Publishers,New

Delhi: 1991) p. 96.
7 It is necessary to note thatMirza Tahir Ahmad is the leader of the Qadiani movement, a sect
considered to be outside the fold of Islam, for believing their founder to be a prophet. However,
their comments are useful in this context, as they seem to promote Islam as being no more than
a peaceful, passive, tolerant,compromisingreligionof Faith inGod, and thatthisFaith is an
internal struggle with each person on this earth.
8 Mirza TahirAhmad,Mazhab keNam per Khoon (Bloodshed in theName ofReligion), late

Murder in theName ofAllah, translatedby Syed Barakat
1950's, English Translation entitled
Ahmad (Lutterworth Press, Cambridge: 1989) p. 75.
9 The four sacred months are considered to be Rajab, Dhii'l-Qacda, Dhu'l-Hijja and
Muharram, though some sources cite Shawwal in place of Rajab.
10Maulvi Mohammad Ali, The Holy Qur'an: Containing theArabic TextWith English
Translation and Commentary (Ahmadiyya Anjuman-I-Ishaat-I-Islam, Lahore: 1920), ftnt. 278,
p. 98.
11 'They ask you concerning the new moons. Say: They are times appointed for (the benefit
of)men, and (for) thepilgrimage; and it is no righteousnessthatyou should enter thehouses

at theirbacks, but righteousnessis this,thatone should guard (against evil); and go into the
houses by their doors and be careful (of your duty) to Allah, that you may be successful'
(Q.2:189). Mohammad Ali, The Holy Qur'an, p. 86.

12 'The prohibitedmonthwith theprohibitedmonth, theprohibitedwith theprohibited:each
act of aggression must be met with the same. If anyone defies the ban on fighting during the
are free to defy the ban in order
prohibited months or in the sacred places and attacks you, you
to repel them. But fear God and do not exceed the limit; God aids those who fear Him and prac
tise caution and restraint' (Q.2:195). The ayah here is cited as Q.2:195 in Colin P.
quoted
Turner,The Quran: A New Interpretation,(TextualExegesis byMuhammad Baqir Behbudi)
(CurzonPress, Surrey: 1997) p. 17. It is importanttonote thatthistranslationisby a Shica, and
portrays the Shlci opinion of the Qur'anic message.
13 Mohammad Ali, The Holy Qur'an, p. cxii.
14 Ibid.Q.2:217, ftnt.278, p. 98.

15 Ibid. ftnt. 279, pp. 98-9.
16 Ibid. ftnt.279, pp. 98-9. Italics are fromtheoriginal.

17 Ibid. ftnt. 279, p. 99.
18 Ibid. ftnt. 279, p. 99.
19 Ibid. ftnt. 279, p. 99.
20 Mohammad Tahir-ul-Qadri, Islamic Penal System and Philosophy (Minhaj-ul-Qur'an

Publications,Lahore: 1995) p. 385, Q.9:12.

21 Muhammad Asad, TheMessage of theQur'an, (Kazi Publications,Pakistan: 1980) p. 257,

Q.9:12.
22 Ibid. ftnt. 18, p. 257.
23 Ibid. ftnt. 19, p. 257.
24 Abdullah YusufAli, TheHoly Qur'an (1969) Q.9:12, vol. 1,p. 441.

25 Ibid. ftnt. 1260, p. 441.
26 Mohammad Ali, TheHoly Qur'an (1920) p. 399, Q.9:12.

27 Ibid. ftnt.1038, p. 399.
28 Translation fromYusuf Ali, The Holy Qur'an (1969) Q.5:57, vol.1, p. 261. (This ayah is
cited as Q.5:54 inmost other copies of the Qur'an, so itwill be easier to refer to it as Q.5:54
in the discussion).
29 ftnt. 767 .
Ibid, vol.1, p. 261
30 Mohammad Ali, TheHoly Qur'an (1920) ftnt.710 p. 269.

31 Muhammad Asad, TheMessage of theQur'an (1980) ftnt.76 p. 155.
32 Ibid. ftnt.76 p. 155.
33 Mohamed Selim El-Awa, Punishment in Islamic Law: A Comparative Study (American
Trust Publications, Indianapolis: 1982) p. 50.
34 Mohammad Ali, TheHoly Qur'an (1920) p. 164
35 Ibid. ftnt.448 p. 164.
36 Ibid. ftnt.448 p. 164.
37 S. A. Rahman, Punishment of Apostasy in Islam (Institute of Islamic Culture, Lahore: 1978)
p. 46.
38 Translation fromYusufAli, TheHoly Qur'an (1969) Q.4:89, vol. 1,p. 207.

39 Ibid. vol. 1, ftnt. 608, p. 207.
40 Ibid. vol. 1, ftnt608, p. 207.

41 Mohammad Ali, TheHoly Qur'an (1920) ftnt610, p. 226.
42 Majid Khadduri, War and Peace in the Law of Islam (The JohnsHopkins Press,
Baltimore: 1955) p.150.
43 Ibid. p. 150.
44 Zwemer, The Law ofApostasy inIslam (1975) p. 37.

45 Rahman, Punishment of Apostasy in Islam (1978) pp. 51-2.
46 Ibid. p. 45.
47 Zwemer, The Law ofApostasy inIslam (1975) p. 34.

48 Rahman, Punishment of Apostasy in Islam (1978) p. 46-7.
49 Ibid. p. 46.
50 Ibid. p. 46.
51 Ibid. pp. 46-7.
52 El-Awa, Punishment inIslamic Law (1982) p. 50.

53 Tahir-ul-Qadri,Islamic Penal Systemand Philosophy (1995) Q.3: 85. p. 389.
54 YusufAli, TheHoly Qur'an (1969) vol. 1, ftnt.418, p. 145.
55 See Declan 'In Defence -
O'Sullivan, of Islam and the Western of
Misinterpretation

-
What is Perceived to be "Islamic Fundamentalism'" in Le Courrier Du Geri Recherches
D'Islamologie et de Theologie Musulmane (Groupe d'Etudes et de Recherches Islamo
logiques (GERI), in l'UniversiteMarc Bloch de Strasbourg,France: 1999) vol. 2, no. 3,

Automne, p. 164.
56 Muhammad Hamidullah,Muslim Conduct of State (Sh.Muhammad Ashraf,Lahore: 1953)

p. 171.
57 Ibid. p. 171.
58 Ibid. p. 171.
59 Asad, TheMessage of theQur'an (1980) p. 685.

made it (as) a trialfor the
60 Ibid. p. 686. Yusuf Ali cites it as Q.37:63: 'Forwe have truly
wrong doers,' and cites the 'trial' as referring to 'This dreadful bitter Tree of Hell is truly for
thewrong-doers,' seeYusufAli, TheHoly Qur'an (1969) vol. 3, p. 1199 and ftnt.4073 p. 1199.
61 Hamidullah,Muslim Conduct of State (1953) p. 172.
62 Ibid. p. 172.
63 Ibid. p. 172& p. 173.
64 Translation ofQ.4:137 fromYusufAli, TheHoly Qur'an (1969) vol. 1,p. 224.
65 Rahman, Punishment of Apostasy in Islam (1978) p. 39. See Declan O'Sullivan, 'The Death
Sentence forMahmoud Muhammad Taha: Misuse of the Sudanese Legal System and Islamic
Shari'a ?' in The International Journal of Human Rights (Frank Cass Publishers, London: vol.
5, no. 3, Autumn 2001) pp. 45-70.
66 Muhammad ZafrullahKhan, PunishmentofApostasy in Islam (LondonMosque, London:

1981?) p. 8.
67 Ibid. pp. 8-9. See O'Sullivan, in The International Journal of Human Rights, vol. 5 (2001)
pp. 45-70.
68 Barakat Ahmad, 'Conversion from Islam,' in The Islamic World, From Classical to
Syed
- Bos worth, Charles
Modern Times Essays inHonour of Bernard Lewis (eds.) Clifford Edmond
Issawi, Roger Savory and A. L. Udovitch (The Darwin Press, Inc., Princeton: 1989) p. 7. See
O'Sullivan, in The International Journal of Human Rights, vol. 5 (2001) pp. 45-70.
69 Mohammad Hashim Kamali, Freedom of Expression in Islam (Islamic Texts Society,
Cambridge: 1997) pp. 97-8.

70 Translation fromYusufAli, TheHoly Qur'an (1969) vol. 1,p. 103.
71 El-Awa, Punishment in Islamic Law (1982) p. 51.
72 Ibid. p. 51 & p. 66, ftnt. 50. El-Awa also cited cAli Muhammad Ibn Hazm, al-Muhulla
(Beirut: no date given) vol. 11, p. 195.
73 Ibid. p. 51 & p. 66, ftnt. 51. El-Awa also cited Jalal al-Din cAbd al-Rahman Suyuti, al-Itqan
cUlum al-Qur'an (Dar al-Kutub al-cIlmiya, Cairo: 1951) vol. 2, p. 22-4.
fi
74 Mohammad The Religion

Ali, of Islam: a comprehensive discussion of the sources, princi
ples and practices of Islam (Ahmadiyya Anjuman-I-Ishaat-I-Islam, Lahore: 1971) p. 592. See
El-Awa, Punishment in Islamic Law (1982) p. 51, and ftnt. 52, p. 66. Both El-Awa and
Muhammad Ali cite Heffening's article entitled "murtadd1, in The Encyclopaedia of Islam, vol.
Ill, p. 736.
75 Mohammad Ali, The Religion of Islam (1971) Q.2:256, p. 594.

76 Muhammad Asad, TheMessage of theQur'an (1992) ftnt.249, p. 57-8.
77 Mahmoud Ayoub, 'Religious Freedom and the Law of Apostasy in Islam' in

Islamochristiana,Pontificio istitutodi studiArabi, Roma (1994) p. 77.

78 Translation fromYusuf Ali, TheHoly Qur'an (1969) vol. 3, p. 1729.
79 Ibid. vol. 3, ftnt. 6107, p. 1729.
80 Asad, TheMessage of theQur'an (1980) Q.88:22, p. 949.

81 Ibid. ftnt. 6, p. 949.
82 Translation fromYusufAli, TheHoly Qur'an (1962) vol. 2, p. 509-10.

83 Asad, TheMessage of theQur'an (1980) ftnt.122,p. 308. See Q.6:149, p. 197. See Ayoub,
in Islamochristiana, Pontificio istituto di studi Arabi, Roma (1994) issue 20, p. 77.
84 Translation fromYusuf Ali, The Holy Qur'an (1969) vol. 2, p. 738. See Ayoub, in
Islamochristiana,Pontificio istitutodi studiArabi, Roma (1994) issue 20, p. 77.
85 Ayoub, inIslamochristiana,Pontificio istitutodi studiArabi, Roma (1994) issue 20, p. 87.
86 Safia F. Safwat, 'Offences and Penalties in Islamic Law,' in The Islamic The
Quarterly,
Islamic Cultural Centre, London, vol. 26, no. 3 (1982) p. 168. See Tahir-ul-Qadri, Islamic
Penal Systemand Philosophy, (1995) p. 389.
87 Ayoub, inIslamochristiana,Pontificio istitutodi studiArabi, Roma (1994) issue 20, p. 87.
88 Rahman, Punishment of Apostasy in Islam (1978) p. 45. See Safwat, in The Islamic
Quarterly, The Islamic Cultural Centre, London, vol. 26, no. 3 (1982) p. 168. Safwat also cites
at HUH, Najm al-Din Jacfar b. Hassan, (called al-Muhaqqiq), Shard 7 al-Islam, Beirut, no date
given, vol. 4, p. 18 (Safwat in ftnt. 82, p. 180).
89 There is a general understanding within most of the Islamic schools of law that there are
six offences which are recognised and accepted as hudud (plural of hadd). are:
They 1) drink
ingalcohol (shurbal-khamr); 2) theft(sariqa) 3) armed robbery(qaf al-tariq) also known as
hiraba); 4) adultery or fornication (zina') ; 5) false accusation of zina' with a married man or
woman (qadhf); 6) apostasy (ridda or irtidad).Tahir-ul-Qadriargues thatthese six offencesare
categorised as genuine hudud and he also adds a seventh, the crime of sedition
being
(baghawat), or 'rebellion/dissension' See El-Awa, Punishment in Islamic Law
(baghi). (1982),
p. 52; Safwat, inThe Islamic Quarterlypp. 154; 163; 169;Tahir-ul-Qadri,IslamicPenal System
and Philosophy (1995) pp. 260; 341; 397; Kamali, Freedom ofExpression inIslam (1997) p.
199;Khadduri,War and Peace in theLaw of Islam (1955) p. 77; Ahmad Abd al-Aziz al-Alfi,
'Punishment in Islamic Law' in M. Cherif (ed.) The Islamic
Bassiouni, Criminal Justice
System, (Oceana Publications Inc., New p. 227. For a fuller explanation
York: 1982) of the dif
fering interpretations of the number of hudud believed to exist,
numbering from four to seven,
see O'Sullivan, Al-Hudud: Definition of Crimes and Punishments stated within the Quran and
-
Sunna Focusing on Apostasy as a Hadd, in Le Courrier du Geri-Recherches et
d'Islamologie
de Theologie Musulmane, d'Etudes et de Recherches
Groupe Islamologiques (GERI),
L'Universite Marc Bloch de Strasbourg, vol. 3, nos.
(Printemps-Automne 2000) 1-2, pp.
41-72.
90 Muhammad Haroon, Islam and Punishment (Lahore: Vision Islamic Publications;

Stockport:Raza Academy, 1993) p. 31.
91 Abdullahi Ahmed An-Na'im, 'The IslamicLaw ofApostasy and it'sModern
Applicability:
A Case From The Sudan' inReligion, London, (1986) vol. 16, 211; Khadduri, War and
p.
Peace in theLaw of Islam (1955) p. 151;O'Sullivan, inThe InternationalJournal Human
of
Rights,London (2001) pp. 45-70; Kamali, Freedom of Expression in Islam (1997) p. 233;
Safwat, inThe Islamic Quarterly,London (1982) pp. 168.
92 Nucman cAbd al-Samara'i, Ahkam 'l-Sharlca
al-Razzaq al-Murtaddfi al-Islamiyya (Dar
al-Arabiyya li 7 Tabacat wa'l-Nashr wa'l-Tawzi, Beirut: 104; Kamali, Freedom
1968) p. of

Expression inIslam (1997) p. 234; Kamali also citesAl-Jaziri cAbd al-Rahman,Kitab al-Fiqh
cala 'l-Madhahib al-Arbac (Ddral-FikrWl-Tibaca wa'l-Nashr, Beirut: 1392AH) vol. 5, p. 425;
O'Sullivan, in The International Journal of Human Rights, p. 45-70.
93 Kamali, Freedom ofExpression inIslam (1997) p. 235; Kamali citesQad! ?Iyad,Al-Shifa'

bi-TacrifHuquq al-Mustafa (p. 260), IbnQudamah, Al-Mughni(p. 125),Al-Shawkam,Nayl al
Awtar (p. 221). See also O'Sullivan, in The International Journal of Human Rights, p. 45-70.
94 Khadduri,War and Peace in theLaw of Islam (1955) p. 150.

95 An-Na'im, in Religion, London (1986) vol. 16, p. 211.
96 Kamali, Freedom ofExpression inIslam (1997) p. 96; El-Awa, Punishment inIslamic Law
(1982) p. 52.
97 El-Awa, Ibid. p. 52.
98 Khan, Muhammad Muhsin, The Translation of theMeanings of Sahih Al-Bukhari (Kazi

Publications,Lahore: 1979) vol. 9, hadith no. 316, p. 241; hadith no. 318, p. 242; hadith no.
323, p. 246; hadith no. 424, p. 316; Malik binAnas, Muwatta' Malik, hadith no. 45.2.4 from
e:\islamica\winhadis\winhadis.tex, CDRom islamica:
Digital Library of Islamic Software,
Islamic Computing Centre, London, (www.ummah.org/icc); Muhammad Ali, Religion of Islam
(1971) p. 597.
99 Muhammad Zafrullah Khan, Punishment ofApostasy in Islam (1981?) p. 34; Ahmad,
-
'Conversion From Islam,' in The Islamic World, From Classical toModern Times Essays in
Honour of Bernard Lewis, (eds.) Clifford Edmond Bosworth, Charles Issawi, et. al (The
Darwin Press, Inc., Princeton: 1989) p. 7.
100 Khan, ibid.p. 35.

101Muhammad Ali, Religion of Islam (1971) hadith quoted as '61:25', p. 597; al-Bukhari,
vol. 4, hadith no. 814 from e:\islamica\winhadis\winhadis.tex and e:\islamica\bukhari\
bukhari.texCDRom islamica:Digital Library of Islamic Software;O'Sullivan, inLe Courrier
du Geri-Recherches d'Islamologie, p. 61.
c
102 Found in the ahddith collection of Abu Dawud, hadith no. 4345, narrated by Abdullah
c
ibn Abbas, in e:\winhadis\winhadis.tex on CDRom Islamica: Digital Library of Islamic
Software.
103 Rahman, Punishment of Apostasy in Islam (1978) pp. 41-2; El-Awa, Punishment in
Islamic Law (1982) pp.51-2; The Encyclopaedia of Islam, vol. 5, p. 771.
104 Rahman, ibid. pp. 41-2; El-Awa, ibid. pp. 51-2; An-Na'im, in Religion, London (1986)
p.204; Ayoub, in Islamochristiana (1994) issue 20, p. 87.
105 El-Awa, ibid. pp. 51-2; O'Sullivan, in Le Courrier du Geri-Recherches d'Islamologie, p. 64.
106 Muhammad Ali, The Religion of Islam (1971) pp. 598-9; CA1IibnAM Bakr Burhan al
Dln Al-Marghinanl, Al-Hidaya, (trans.) Charles Hamilton, The Hidaya, Or Guide: A
Commentary on theMussulman Laws (T. Bensley, London: 1791) vol. 1, p. 577.
107Muhammad Muhsin Khan, The Translation of theMeanings of Sahih Al-Bukhari (1979)

vol. 9, hadith no. 57, p. 45.
108 Malik ibnAnas, Kitab Al-Muwatta', (ed.)M. F. Abd al-Baqi (Cairo: 1951).
109 MuhammadMuhsin Khan, The Translationof the Meanings ofSahihAl-Bukhari (1979) vol.
9 hadithno. 57, p. 45; vol. 4, hadithno. 260; Zwemer,The Law ofApostasy inIslam (1975) p. 38.
110Muhammad Ali, The Religion of Islam (1971) p. 596; El-Awa, Punishment inIslamic Law
(1982) p. 53; Kamali, Freedom ofExpression in Islam (1997) p. 95; Tahir-ul-Qadri,Islamic
Penal Systemand Philosophy (1995) p. 387-8.

111 Rahman, PunishmentofApostasy inIslam (1978) pp. 63-4; Kamali, ibid.p. 93.
112 Rahman, ibid. pp. 63-4; Kamali, ibid. p. 93.
113 Kamali, ibid. p. 94; Kamali also cites IbnTaymiyya,Al-Siyasa al-Sharclyyafi Islah al
Ra'i wa'l-Ra'iyya (2nd edn. Dar al-Kitab al-cArabI, Cairo: 1954) p. 124.
114 El-Awa, Punishment inIslamic Law (1982) p. 55; El-Awa also cites Sulayman ibnKhalaf
ibn Sacd Baji, Al-Muntaqa Sharh Al-Muwatta' (Cairo, no date given) vol. 5, p. 282. Relevant
commentaries from modern scholars, particularly by 'Abd al-Hakim Hasan al-'Ili and Isma'il
al-Badawi, defend the position that around the time of Ibrahim al-Nakha'i and Sufyan al
Thawri, Islam had already firmly established itself and was a very secure environment, beyond
the fear of any hostility from disbelievers or apostates. They argue here that al-Nakha'i under
stood the hadith 'kill them whoever changes his religion,' which states death as the punishment
for apostasy, has more emphasis as a political tool, directed at the obstinate enemies of Islam.
115 Al-Samara'i, Ahkam al-Murtadd fi'l-SharVa al-Islamiyya (1968) p. 114; Kamali,

Freedom of Islamic Expression (1997) pp. 94-5; Kamali also citesMahmud Shaltut,Al-Islam
caqida wa-sharica, (Matabi' Dar al-Qalam, Kuwait, no date given) pp. 292-3.
116 Muhammad Ali, The Religion of Islam (1971) ftnt. 1, pp. 592-3; The Holy Qur'an
(Ahmadiyya Anjuman-I-Ishaat-I-Islam, Lahore: 1920) ftnt. 279, p. 98-9.
117 Ahmad, in The Islamic World, From Classical toModern Times (1989) p. 15. His state
ment implies that very few people were ever sentenced to death on charges of apostasy alone,
without theirbeing foundguiltyof othercrimes in addition.
118 Ibid. p. 16. For a detailed analysis of the circumstances that led to the trial and conviction,
see O' Sullivan, in The International Journal of Human Rights, Frank Cass Publishers, vol. 5,
no.3, Autumn 2001, pp. 45-70; Abdel Salam Sidahmed, 'Freedom of Religion, Apostasy and
Human Rights: An Appraisal,' in The Mediterranean Journal of Human Rights, University of
Malta (2000) vol. 4, pp. 125^4.
119 Ahmad, inThe IslamicWorld,From Classical toModern Times (1989) p. 16.
120 Ibid. p. 248.
121 Ibid. p. 248.
122 Sidahmed, inTheMediterranean Journal ofHuman Rights,University ofMalta (2000)
vol. 4, p. 128.


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Centre for Islamic Studies at SOAS

This content downloaded from 91.229.248.184 on Wed, 18 Jun 2014 06:28:25 AM

In the analysis of theQur'anic translation and interpretation it is essential to present

punishment in thisworld for apostasy. This, for very obvious

This content downloaded from 91.229.248.184 on Wed, 18 Jun 2014 06:28:25 AM

minutely recorded by historians, likewise is destitute of any direct

having been condemned to die solely for his change offaith.2

However, Zwemer appears to reject these viewpoints and unequivocally indicates

Such statements cannot be allowed to stand unchallenged. This little

Is the death sentence for apostasy written in the Qur'an?

.. .Andwhoever turnshis back from his religion and dies as an unbe

liever, it is theywhose works would be in vain in theworld and the

However, counter-balancing this argument,Mirza Tahir Ahmad7 states the opposing

This content downloaded from 91.229.248.184 on Wed, 18 Jun 2014 06:28:25 AM

ishment) decides to abjure Islam has a fundamental right to do so, but

As therewas no hope now that the enemy would cease persecution so

This content downloaded from 91.229.248.184 on Wed, 18 Jun 2014 06:28:25 AM

He furthersthe explanation of thisayah, by suggesting that theQur'an simply says that

He also highlights another relevant point that:

it should be noted that though theword irtiddd,which is the technical

This content downloaded from 91.229.248.184 on Wed, 18 Jun 2014 06:28:25 AM

Another case of differing interpretationsand translations of theQur'an intoEnglish

System and Philosophy. He translatesQ.9:12 as:

But if theybreak faith afterpledging itand ridicule your religion, then

decapitate the leaders of disbelief so that theymay be restrained from

But if they break their solemn pledges after having concluded a

Another translation of the same ayah is given byMohammad Ali as:

This content downloaded from 91.229.248.184 on Wed, 18 Jun 2014 06:28:25 AM

And if theybreak theiroaths after theiragreement and (openly) revile

His commentary is delivered in very strong language:

O ye who believe! If any from among you

produce a people whom He will love as they

mighty against theRejecters, fighting in the

As 'mostmen are rebellious' (v.52), it is inevitable that there should

repeat the history of the Jews, and become so self-satisfied or arrogant

On a similar interpretationwith this analysis, Mohammad Ali argues that this

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to the Prophet against themachinations of the Jews,who made plots

place, is amatter which lieswithin the sphere of history.The Prophet's

Prophet, immediately afterhis death, had to suppress a very great ris

esting interpretationof itsmeaning. In his tafsirnote, he argues that theArabic script

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cAbd al-Razzaq Nucman al-Samara'i, in his work Ahkam al-Murtadd fi'l-SharVa

al-Islamiyya, has assimilated several tafsircomments presented by differentexegetes,

Al-Samara'i has collected opinions of exegetes, like al-Tabari,

al-Qurtubi, al-Zamakhshari, al-Razi, and al-Tabarasi,

up by saying that the ayah embodies a warning and a prophecy.

purposes in the least. The prophecy foreshadowed the apostasy of

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they flee in theway ofAllah (fromwhat is forbidden). But if they turn

be trusted to keep theman from fighting against the forces of Islam -

showing clearly that even waverers were not to be killed or fought

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ple, Majid Khadduri quotes Q.4:89-90 in this form:

punishment for apostasy, in particular. He claims that it:

specifically states thatdeath sentence should be imposed on thosewho

It will be sufficient to quote what the standard commentary of

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