We continue to answer the questions raised by our non-Muslim reader who was motivated by the events of 9/11 to study Islamic law. His studies made him raise several points that he feels should be amended in Islamic law, and he wonders whether this could be achieved.
Q.1. Several verses in the Qur’an make clear that people are free to choose their faith, but a Hadith states: “Whoever changes his religion, kill him.” So, when anyone adopts Islam, he is accepted, but if a Muslim changes his faith, he faces the death penalty as in the recent case in Afghanistan. How come that the Hadith overrides the Qur’anic verses? Besides, does not the use of such language encourage simple-minded people to resort to violence and terrorism?
Q.2. It is noticed that in many mosques, the imam finishes his sermon at Friday prayer with an appeal to God to destroy Jews, Christians and all non-Muslims. This is not the case with any other major religion. How can this be explained when Muslims describe their faith as a religion of mercy?
Q.3. There is a Hadith that encourages female circumcision. Can this Hadith be suspended, as the practice is very cruel to girls and could have some serious consequences?
David J.B.
A.1. David’s observation is accurate. Many are the Qur’anic verses that make clear that all people are free to choose the faith they want. There can be no compulsion with regard to faith. Indeed, over the fourteen centuries since Islam began, compulsion was never a policy of any Islamic government anywhere in the world. On the contrary, followers of other faiths, including those who worship idols, lived freely among Muslim communities. Today, you find Christian and Jewish communities, as well as followers of other faiths, in the overwhelming majority of Muslim countries. This testifies to the fact that Islam operates a policy of freedom of faith and worship. The Hadith you have mentioned is often quoted in support of the death penalty for apostasy. Many scholars mention that this penalty is mandatory, which means that it is prescribed and cannot be changed. However, a fair number of profoundly perceptive scholars are of the view that this punishment is discretionary, which means that it can be reduced or even waived. This is the view that seems to be better supported by Qur’anic and Hadith texts.
When we consider a ruling about a particular offense, we must look at all the texts that have a bearing on it. We often find that one Hadith or Qur’anic verse gives us a more precise meaning of another. This enables us to determine when a particular text is of general or specific import. In connection with apostasy, we have the Hadith that states that a Muslim may be punished by death only in three situations: “1) a murderer; 2) a married adulterer; and 3) one who abandons his religion deserting the community.”
If we take the two Hadiths together, we touch on an important point that justifies the capital punishment. It is “deserting the community”, which means that the person concerned did not merely choose to follow a religion other than Islam, but also he deserted his community and stood in opposition to it. Scholars make clear that the Arabic statement implies rebellion. They cite cases of people who changed their faith after adopting Islam during the time of the Prophet (peace be upon him) and his two immediate successors, Abu Bakr and Umar, and none of them was executed. It is to that early period of Islam that we look for practical guidance in understanding Islamic rules. Had the death penalty for apostasy been mandatory, none of them would have refrained from enforcing it.
From another point of view, all scholars who view apostasy as punishable by death agree that the apostate must first be examined, proven to be of sound mind, and questioned by scholars who have the duty of explaining to him any question that might have created doubt in his mind about Islam. They should then call on him to revise his attitude, giving him a period of time for doing so. They should try every possible means to avert enforcing the penalty. This is indeed a clear standpoint in Islamic law: The judge must try everything possible to avoid enforcing a mandatory punishment.
To suggest that terrorism is the product of statements used by the Prophet or given in the Qur’an is, I am sorry to say, naïve. People do not resort to violence as a result of something they have read or heard. What has brought terrorism about in our world is injustice. Over the past one hundred years, the Muslim world has been subjected to numerous acts of injustice, perpetrated mainly by Europe and the US. Consider how the US is now acting to deprive the Palestinian people of even the means to survive, simply because they elected an authority that the US dislikes. Consider how the US supports Israeli aggression against civilians; how they occupied Afghanistan and Iraq; how they are threatening other Muslim countries. Do you wonder why so many Muslims feel aggrieved at the US policies?
A.2. The reader is fully justified in his objection. It is true that in many mosques, prayers for the destruction of non-Muslims are said at the end of the sermon on Friday. Such a prayer should never be included in religious discourse. What we should pray for is that God may give guidance to those who are in error. This is what the Prophet has taught us. When he was very badly treated in Taif, angels came to him saying that should he wish, they were prepared to destroy the whole population of Taif. What was his reply? He simply said: “By no means! I sincerely hope that their descendents will be good believers.” When I listen to a sermon in which a prayer for total destruction is included, I have a strong feeling of dismay. I sometimes take issue with the imam concerning it. Unfortunately, in most cases, such prayer is read out from special books that include Arabic sermons. It is often the case that the imam reading it does not speak Arabic. He may not even know the meaning of what they are saying.
A.3. The Hadith you are referring to is one of a few mentioning female circumcision. All these Hadiths are very poor in authenticity. They cannot be taken as basis for any ruling. Had the Hadith been authentic, no authority can suspend it or abandon its teaching.
Female circumcision is not encouraged by Islam. It is an African tradition that is common in some African countries, a few of which are Muslim, or have substantial Muslim communities. This practice is simply not part of Islam, and Islam does not encourage it. Large areas of the Muslim world do not even know it.
