1. Name
Abdul    - United States
Profession
Question How about the hadith that claims "Kill whoever changes his religion."

(a) If a person changes his religion, is it considered as a profound insult to Allah and to all Muslims but Allah says in the Quran "Let there be no compulsion in the religion" (2:256).


(b) What about the status of the hadith. Is it sahih (sound), hadith al-ahad(isolated) or dhaif (weak)?

(c) What if a person changes religion from Christianity to Judaism. Does this hadith still apply to that person?

Please shed some light on this hadith.
Answer
The question of apostasy has been debated among scholars based on their interpretations of some hadiths since the Qur'an does not specify any worldly punishment for it. For example, there was a case at the time of the Prophet (peace and blessings be upon him) where a man came to him in three consecutive days and told him that he wanted to apostate. The Prophet (peace and blessings be upon him) never took any action against him, and when the man finally left Madina, the Prophet (peace and blessings be upon him) never sent anyone to arrest him, let alone kill him. This hadith appears in more than one version in Sahih Muslim and is authentic.

This is why some scholars distinguished between individual apostasy and apostasy which is accompanied by high treason. For example, one version of a hadith narrated by `A'isha concerning apostasy (Â…and one who left his religion and fought against Muslims).

The topic is broad and most Muslims are acquainted only with the only common view and interpretation of these hadiths.

The rule of "no compulsion in religion" which appears in several verses in the Qur'an and is consistent with its message of willing submission to God. These verses are no doubt definitive and explicit. Other texts, in the Qur'an or Sunnah, which are speculative (mutashabih or texts that could be interpreted in more than one way without violating basic rules of interpretation) in meaning must be interpreted or re-interpreted in the light of the definitive.
 
To read the entire transcript of Live Dialogue with Dr. Jamal Badawi on the subject "Misinterpreted Verses and Hadiths about Violence"
http://www.islamonline.net/livedialogue/english/Browse.asp?hGuestID=ls0mM5

 
2. Mahmassani has observed that the death penalty was meant to apply, not to simple acts of apostasy from Islam, but when apostasy was linked to an act of political betrayal of the community. The Prophet never killed anyone solely for apostasy. This being the case, the death penalty was not meant to apply to a simple change of faith but to punish acts such as treason, joining forces with the enemy and sedition.

The late Ayatollah Mutahhari highlighted the incompatibility of coercion with the spirit of Islam, and the basic redundancy of punitive measures in the propagation of its message. He wrote that it is impossible to force anyone to acquire the kind of faith that is required by Islam, just as 'it is not possible to spank a child into solving an arithmetical problem. His mind and thought must be left free in order that he may solve it. The Islamic faith is something of this kind.'

Selim el-Awa discusses the issue of apostasy at length, declaring that 'there is an urgent need to reinterpret the principles contained in the Qur'an and Sunnah'. He cites the fact that the Qur'an is completely silent on the death penalty for apostasy, and that the evidence in the Sunnah is open to interpretation.

El-Awa elaborates that the death penalty in the Sunnah is not designed for apostasy per se but for high treason, or hirabah, that is, when apostasy is accompanied by hostility and rebellion against the community and its legitimate leadership. . .

The Prophet did not treat apostasy as a proscribed offense (hadd), but, on the contrary, pardoned many individuals who had embraced Islam, then renounced it, and then embraced it again. . .

To view the book "Freedom of _expression_ in Islam" by Mohammad Hashim Kamali, Islamic Text Society, 1997
http://www.globalwebpost.com/farooqm/study_res/islam/freedom/kamali_freedom.doc
 
 
3. As is evident in the following passage from "In Pursuit of Justice", even Muslim governments acting in accordance with sharia, or Islamic law, have no authority to put people to death for renouncing Islam and/or converting to another faith:
"Despite the fact that the Quran does not once mention the death penalty for apostasy, jurists have relied on two hadith texts for their argument. The first one states "whoever changes his religion shall be killed" (Abu Dawud). The second is "It is not lawful to kill a man who is a Muslim except for one of the three reasons: Kufr (disbelief) after accepting Islam, fornication after marriage, or wrongfully killing someone, for which he may be killed" (Abu Dawud). Notwithstanding the fact that the chain of transmission on the first hadith has been found to be weak, both of them contradict the Quran and other instances in which the Prophet did not compel anyone to embrace Islam, nor punish them if they recanted.
"In one incident, the Prophet pardoned Abdullah bin Sa'd, after he renounced Islam. Abdullah bin Sa'd was one of the people chosen by the Prophet as a scribe, to write down Qur'anic text as it was revealed to the Prophet. After spending some time with the Muslims in Madina, he recanted and returned to the religion of the Quraish. When he was brought before the Prophet, Osman bin Affan pleaded on his behalf, and the Prophet subsequently pardoned Abdullah bin Sa'd (Ibn Hisham).
"The problem with the argument for punishment for apostasy is that it cannot be applied in any Islamic state without giving rise to the potential for abuse by the state itself. Erroneously equating moral with political power in the determination of law has led to the political repression that we see in Islamic countries today. We must separate the right of God from that of man in defining freedom of religion as a legal right. The right of God refers only to the moral obligations of Muslims towards God, and is adjudicated by God.  The state cannot act as a coercive moral authority, in effect representing God's Will on earth, because it does not have the right to do so. In the context of freedom of religion, the state's responsibility is to uphold and protect it as the right of all humans, as granted by God, without exercising moral judgment on the content and/or manner of exercising those religious beliefs."
 
To view the chapter on "Freedom of Religion" from the book "In Pursuit of Justice" by Dr. Maher Hathout, Sr. Advisor to Muslim Public Affairs Council (MPAC), which examines the issue of apostasy in-depth. http://www.mpac.org/bucket_downloads/[MPAC]%20Freedom%20of%20Religion.pdf
 
 


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{Invite (mankind, 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. Truly, your Lord knows best who has gone astray from His Path, and He is the Best Aware of those who are guided.}
(Holy Quran-16:125)

{And who is better in speech than he who [says: "My Lord is Allah (believes in His Oneness)," and then stands straight (acts upon His Order), and] invites (men) to Allah's (Islamic Monotheism), and does righteous deeds, and says: "I am one of the Muslims."} (Holy Quran-41:33)

The prophet (peace and blessings of Allah be upon him) said: "By Allah, if Allah guides one person by you, it is better for you than the best types of camels." [al-Bukhaaree, Muslim]

The prophet (peace and blessings of Allah be upon him)  also said, "Whoever calls to guidance will have a reward similar to the reward of the one who follows him, without the reward of either of them being lessened at all."
[Muslim, Ahmad, Aboo Daawood, an-Nasaa'ee, at-Tirmidhee, Ibn Maajah]
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