Apostasy etc from my article: Pakistan blasphemes Islam 3 Sept 2012
The Muslim conquerors adopted and
assimilated many of the practices of the conquered territories. Muslim jurists
found the legislative verses in the Quran far too little in comparison with
Jewish and Christian laws. They therefore built an elaborate body of Islamic
law using the principles of analogy and legal precedent to meet the
requirements of governing vast territories with large non Muslim populations.
The Law of apostasy, the law of blasphemy, the law of stoning adulterers to
death and the practice of circumcision find no mention in the Quran but are
found in Jewish and Christian scriptures. The Muslim jurists appear to have
relied on the old and the new Testament for these laws although there is lack
of sufficient and direct support from the practice of Prophet Muhammad (PBUH)
for such laws.
is a Kafir in the Quran? (Part 4) Defining Kufr
25 Feb, 2015
article discusses the very concept of Hadd punishments and the difference between
sin (kufr in the spiritual dimension) and
crime (kufr in the temporal dimension) and why there is no Hadd punishment for apostasy
in the Quran because it is a sin but not a crime.
“Some forms of Kufr may appear to stride
both the dimensions - for example, an apostate who turns hostile and carries on
activities harmful to a section of the society or the state. Such a person can
be punished for the harm that he has caused or can potentially cause but not
for apostasy. Apostasy is merely incidental and irrelevant to the case as
apostasy is not kufr in the temporal dimension.”
I think the way we try to understand
the Quran with the claim of using the right method; we should also use the same
method to understand Ahadees and the scholars of the past. Very often the scholars
of the past are misunderstood. The error of misunderstanding was and is being
made not only by the secular scholars but even by some of the classical
scholars who outwardly reject the scholars of the past. Yes there are some
classical scholars who present their arguments to reconcile between the scholars
of the past and of the present on the basis of the principles and causes. Such scholars
are very effective and highly appreciated in academic circles provided they
adopt convincing approaches towards reconciliation (tatbeeq).
Yes there are some modern and secular scholars
who outwardly condemn in general mode, without knowing the fact that the
classical scholarship is spacious and is full of differences. Classical scholarship
includes so much flexible approaches that it can resolve the conflicting issues
of the changing times, provided the people take interest into resolution and
not in retaining the antagonistic approaches.
Sultan Shahin sb has rightly said.
The Quran and Sunnah have used Jihad and Qital
There is no use explaining the word Jihad to
confine it to the sense of fighting against negative self, or to the sense of fighting
against oppression, as the Quran also uses the word Qital for that matter. In some
Sufi books of Tafsir even the word Qital is used to mean ‘struggle against
negative self’; which can be justified if taken the rule of figurative uses of
Islamic theology uses Jihad in both ways; fighting
against oppression and fighting against negative self. The books are full of
There were times when no distinction could be made
between offensive and defensive fighting as all tribes, states or regimes used
to lie in ambush to attack or capture the land of others. Even the offensive
war in those days was meant for defence. One group thought that if it did not
wage offensive fighting against its opponents, it might be attacked by them at
any time. This was the reason that even the Islamic theologians would support
offensive fighting or Qital against the opponents of their land. But very often
the Muslim army used to declare their war before attacking any land.
In those days the Muslim and non-Muslim armies would
be in ambush to fight against each other. Only thing that could keep them away
from waging offensive fighting was to come to any peace-treaty with one
There was no such ruling as today in the international
law which does not allow war of expansion; as a result Muslim and non-Muslim
countries have stopped their war of expansion and are akin to establishing the peace-treaty in the form of written agreement.
It is binding for all of us to remain in agreement with this treaty and any individual who violates this treaty or agreement, must be declared rebel and punished as per law.