04-24-2006, 09:25 AM
Bismillah
Praise be to Allah and peace and prayer be upon His Messenger and Prophet Mohamed Ibn Abdullah
In order to provide more explanation to this vital issue, apostasy in Islam, Alhamdulelah I found this fatwa on http://www.dar-alifta.org/ which is the official site of The Egyptian Fatwa Agency.
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In response to a question about whether or not Islam is against the freedom of belief, the Fatwa (Legal opinion based on Islamic legislation) came as follows:
1. Islam secures the freedom of belief for the human being as clearly stipulated in:
“no compulsion in religion” (Quran 2: 256)
It is not allowed to force someone to convert from one religion to another as the freedom of an individual to choose the religion is actually the basis of belief. As such, Quran confirmed this concept in a way that does not allow any doubt:
“Then whosoever wills, let him believe, and whosoever wills, let him disbelieve.” (Quran 18:29).
2. The Messenger prayer and peace be upon him, in the first constitution enacted in Medina, acknowledged religious freedom by virtue of approving that the Jews together with Muslims make one nation (Ummah).
Through the concept of religious freedom established in Islam, the second Khalifa Omar Ibnel Khattab, granted AlQuds residences a pledge of security to their lives, churches, and crosses. Under this pledge, they are neither to be harmed nor forced because of their different religion.
3. In the same context, Islam secures the right to religious objective discussions that are not based on ridiculing others.
Based on the Ayahs of Quran:” Invite (humankind, O Muhammad) to the Way of your Lord (i.e. Islam) with wisdom (i.e. with the Divine Inspiration and the Qur'an) and fair preaching, and argue with them in a way that is better” (Quran 16:152)
Interfaith dialogue between Muslims and non Muslims must build on such tolerant concepts and principles. Matter of fact, Quran actually called for this respectful attitude as per the Ayah:” Say (O Muhammad): "O People of the Scripture: Come to a word that is just between us and you, that we worship none but Allah, and that we associate no partners with Him, and that none of us shall take others as lords besides Allah. Then, if they turn away, say: "Bear witness that we are Muslims.” (Quran 3: 64)
Through this noble Ayah, we can derive that when the dialogue fails to bear any fruit, each party shall continue to embrace the religion according to their conviction. The same meaning is clearly inherent in the last Ayah of Surat Kafiroon:
“To you be your religion, and to me my religion (Islamic Monotheism)." (Quran 109:6).
4. Conviction is the foundation of belief as strong and genuine belief in based only on full conviction and certainty rather than imitation and force. As such, each individual is free to embrace whatever he/she sees correct, is free to adopt the ideas he desires even if such ideas are atheist. As long as this person retains such ideas only to him/herself without causing any harm to others, no one is entitled to prevent him/her from believing the way he/she does.
However, in case this person decides to promote those ideas that contradict beliefs and values common and established among other people, in this case this person is deemed violating the state public system. <b>He / she is criminal of creating doubt and division among people. In any nation, one who breaches the state public system is subject to punishment that might be put into the offense of major betrayal. Most countries apply death penalty in such crimes.</b>
<b>Therefore, the application of death penalty as speculated in Islamic Shari`a on an apostate is not due to the act of apostasy alone, but rather for creating chaos and confusion which negatively affect the stability of an Islamic state. Nevertheless, if the person kept his/her apostasy status to him/herself, rather than promoting it among people, no one is entitled to harm the person for only Allah Knows what is inside the chests.</b>
A number of modern scholars came to the conclusion that the punishment of an apostate is not enforced in this world but rather in the Hereafter. They added that applying death penalty on apostates by virtue of some hadeeth, was not due to their apostasy alone but rather for it was coupled with the attitude of those apostates who fought Islam and Muslims.