ISLAMIC LEGAL HISTORY

APOSTASY

FARAH WAHIDAH MUHD RADZI

FATHIHA MOHD RAFIK
PRAVIN SEERALAN
NUR YASMIN ZAINI ABDULLAH
KOH BOON KEONG
MATHAN KUMAR RANGGANADAN
 Introduction
Right to change religion/convert from one religion to
another is one of the most important element of
freedom of religion.
Shariah regulations of conversation are different from

the secular concept. Classic, and conscious Muslim

scholars do not favour Muslims conversion to other
religion.
Some contemporary Muslim writers, authors and

jurists began to disagree that opinion and invoke the

revealed texts to support the cause of freedom of
religion and non-punishment of apostasy of Muslims.
 They argued that whatever Sunnah authorithy may
exist for personal and other legal consequences of
apostasy, it should be taken as transitional and no
longer be applicable in accordance with evolutionary
principles.
Contemporary Muslims nations do not apply the law
of apostasy in their own country.
Almost all Muslim countries have the law for the
offence against religion under criminal code and
applied by the Britisher to protect the Christianity
from being reviled during their rule over Muslim
lands.
This chapter is aim to discuss the true position of
apostasy in Shariah.
 CONCEPT OF APOSTASY
-Ordinary meaning : leaving/giving up of ones religious faith, beliefs,
political party or principle
-Arabic equivalent term : riddah

-Radda literally means Lisan al-Arab-to return from something and

come back
-The person who commits riddah is called murtad

-Radda-yaruddu means to retreat, to retire, to oppose, to revert, to deny

to obey, to defect, to revolt, to desert, to run away, to return from

something towards its opposite or to change or deviate from it to return to
backwards after ones submission to the right way or the true belief
-Riddah literally means revert or run away which applies to a Muslim who

has reverted to polytheism or adopted any religion.

3/13/2008 4
 CONCEPT OF APOSTASY

- Legally apostasy is a return of a person from the Religion of Allah to the

religion of disbelief
- Apostasy is any act done or any word uttered by a Muslim who is a
mukallaf. It is also an act or word which according to Syariah law,
affects the belief or which is against the aqidah in Islamic religion,
provided that such act is done or uterred intentionally, voluntary and
knowingly without any compulsion by anyone or by any
circumtances.
- Mawsuah al Islamiah- riddah disbelief or rejection of belief of a Muslim
with explicit statement or a word that he inflicts on himself or an action
which holds him responsible
- Al Ajuz- riddah cut off relationship with Islam by statement or action of
a person by denying or rejecting the obligatory articles of beliefs and pillars
of Islamic religion

3/13/2008 5
 SYARIAH POSITION OF APOSTASY
- According to the Quran, apostasy nullifies entire good deeds of an
apostate and he deserve punishment in the hereafter but the Sunnah
of the Prophet (saw), provides its worldly punishments.
- The law for the apostasy as well as belief of Muslim ummah all over
the world for the last 1400 years.
- Disagreement among the contemporary Muslim intellectuals, authors
and writers are the recent phenomenon only.
- They hold the view of Quran only condemns apostasy with the
punishment in the hereafter without sanctioning any worldly
punishments,
- The Quranic law, to them is the final and decisive
- Sunnah, being a lower status than the Quran, cannot abrogate on
invalidate the Quranic laws.

3/13/2008 6
 AUTHORITIES ON APOSTASY
- There are some Quranic verses and Sunnah of the prophet
Muhammad (saw), on apostasy.
- The term riddah is commonly used to mean apostasy but in practice
there are several other terms in the Quran and Sunnah of the prophet
(saw), to mean the same thing in addition to riddah.
- The relevant terms are a to return from Islam and from religion. As
the Quran says, irtadda an dinihi ila adbarikum .
- The prophetic word is irtadda bada Islamihi (who apostatised after
his submission) and disbelief after accepting Islam.
- The Quranic words are kafara bada Islamihi (those who believe then
disbelieve). Then, the Quranic terms is nakatu aimanahum min badi
adihim (disregard the judgement of the prophet Muhammad (saw)

3/13/2008 7
 - The Quranic words are, fala wa Rabbika la yu minuna hatta
yuhakkimuka (they can never become believers until they accept
you as judge), change of religion (baddala dinahu), quitting or
relegion (mufariq al din) and leaving of the religion (tark al din).

3/13/2008 8
 CONDITIONS OF APOSTASY
-refer to the elements which are essential to declare someone apostate.
-without it someone cannot be declared as murtad.

WHAT ARE THEY???

-Submission (al-Islam)
Must be a muslim - want to convert other religion like Christian, Budha, Hindu
etc.

-Maturity (Baligh)
Prophet Muhammad said : the pen is withheld from 3 persons, such as; a boy
till he becomes reaches at the age of majority, an insane till he becomes sound
and the one who sleeps till he gets up.
Can not be punish.
-Sound of mind
Similarly , if U drunkard or U are not insane (crazy) apostasy can not be
established.
Thats why, Islam forbid alcohol to prevent all this circumstances.

-Free will
Can not be forced the fix punishment can not be imposed on him.
Because through compulsion some one does the action beyond his will.

Types of Compulsion:

a) perfect compulsion threat of killing, danger his life

b) imperfect compulsion arrested or imprisioned , does not cause any damage to
the body.
EFFECTS OF THE APOSTASY
INDIVIDUALS

FAMILY

SOCIETY

RELIGION

COUNTRY
INDIVIDUALS
-Out from Islam
-will be punish
-All the property will be take into legal custody
-Can not be buried at Muslim`s graveyard
-Relationship between husband and wife automatically will be invalid

FAMILY
-Lost one of their family member
-the relationship will the end ~husband & wife
-The properties can not be used as a inheritance property ( harta pusaka)
-The dignity of the family will reduce ~family`s name will destroy
-Create problem to the family ~ where they should buried the body if the
apostate murtad quitely.
SOCIETY
-Conflict between others religions and races ~big problem: multiracial
country eg; Malaysia.

RELIGION
-Other religions will not respect to Islam anymore
~they think got problem inside Islam that make the Muslim
take step to apostate.
-The dignity of Islam will reduce
~Easy for people to enter and exit Islam, just like that.
~Thats why, big punishment for the apostasy.
COUNTRY
-Islamic Country ~ destroy the name of Islamic country
~Other country will look down to the particular Islamic
country.
-Must conduct the punishment of apostasy
a) Islamic country Hudud
b) Secular country- Shariah Court

-Problem in identified the identity of apostate ~ eg: Lina joy`s case- IC.
 Consequences Of Apostasy
based on Quran and scholars
opinion
 Consequences
Quran
But, if anyone of you turn back from our religion
(become apostate) and die as disbelievers, their
work will be spoiled in this life and life after death.
They will be the companions of the fire and will
abide therein
 Consequences
Imam Abu Yousuf, as quoted by al Qurtubi
that, Apostate is to be killed instantly unless
he requests for the delay.
 Consequences
Qurtubi justified his opinion in favour of
killing of apostate by saying that,
A capital punishment must be given against
apostasy based on the hadith of the Messenger of
Allah that, Whoever changes his religion kill him.
 Consequences
Al Nasafi in his Tafsir al Nasafi wrote that,
whoever leaves his religion of Islam he shall
be deprived of the fruits and benefits of Islam
is this world and the reward of the next life.
 Consequences
According to al Jazairi,
Non believers never tolerated Islam and Muslims
They had prevented Muslims from visiting
Kaabah.
Killed many Muslims
They wanted to apostatize other people
 Consequences
Nisaburi said,
An apostate must be killed instantly, immediately
after his arrest and before handing him over to
court.
 Consequences
As regards the Quranic who commits
disbelief after accepting Islam Allah (swt),
says,
As far those who believe and then disbelieved and
persisted on their disbelief, even their repentance
shall not be accepted because they are obdurate
transgressors.
 Consequences
The other Quranic verses on apostasy is
By your Lord, they can never become
believers until they accept you as judge for the
decision of disputes between them.
OPINION OF THE SCHOLARS
TOWARDS PUNISHMENT OF
APOSTATE
 Abu Hanifah and his Associates

Male apostate : Qadi is permitted to ask him for repentance, if

he repents, he shall be acquitted from the charge of offence.
If he refuses to repent again the qadi can grant him respite for
the three days with the expectation that either he would repent
or he would ask for more time to think. The respite is to let him
to think.
However,if there is no expectation of repentance from him and
he does not plead for respite then the Imam (judiciary) could kill
him instantly.
 Individual opinion of Abu Hanifah

Repetition of riddah (apostasy) until the 4 th time

could be spared with physical punishment and
imprisonment but at the fifth, even though he
repents, must be killed.
 Imam Malik

Either male or female, they would be given three

day's respite from the day of establishment of
riddah (apostasy), to repent.
If they repent, for the example they come back to
Islam ,they shall be acquitted, if not they shall be
killed by the 3rd day before sun set.
 Imam Shafie and his associates

Before killing the apostate he must asked for

repentance. If he repents, he is to be relieved from
the charge, if not, he must be killed.
 Imam Ahmad Ibn Hanbal(Hanbali)

Irrespective of male or female, an apostate must

be killed. But before executing they should be
given chance to repent. If they repent then
punishment could be evaded.
CONSTITUTION OF APOSTASY
Apostasy in Faith ( Riddah fi al ` Aqidah)

Muslim would become an apostate if;

a) He turns out from Islam through explicit words or actions with decisive
evidences
b) He denies any obligation of religion
c) He uses derogatory or contemptuous statement or words against
Allah,prophets,angles or Al-Quran, the Day of Resurrection and the Day of
Reward and punishment of the hereafter.
d) He denies the existence of Allah, any of His established attributes and
holds the view that Allah has a son or wife and to believe that this universe
was in existence before Allah and it will remain after Him or to have any
doubt about it
e) He considers something permissible (halal) which is made
impermissible (haram) based on definitive revealed texts and ijma of
the Muslim ummah, such as drinking of wine.
f) He insults or makes abusive language or ridicule the Prophet
Muhammad (SAW), or any other prophets of Allah
g) He insults the Religion, defames or challenges genuineness or
authority and authenticity of the Quran and Sunnah and refuses or
rejects the law ordained by them and prefers man-made legislation over
the revealed law
h) He believes in any person that he receives revelation from Allah and
considers him as a prophet
i) He belittles any names of Allah, or His command, any of His
prohibitions and any of His promises as given either for reward or
punishment here and hereafter.
 Apostasy in Actions (Riddah al Af `al)

a) He disdains the content of the Quran and throw it at a

dirty place scornfully.
b) If Muslim worships idols, or sun or moon and ridicules
Islam explicitly, he would become an apostate
Apostasy in Abandoning of Obligation (Riddah al
Tark)

The Muslim that has intentional abandoning of religious obligation

such as prayer, fasting, zakat, Hajj would constitute apostasy
 Apostasy in Statement (Riddah al Qawl)

Apostasy in statement can be constituted if some one addresses his

fellow Muslim brothers as disbelievers while he is not so.

Hadith reported by Ibn Omar that the Messenger of Allah(SWT) said,

Whoever calls his brother a Kafir, but none of them

deserves it.
If it is not true what he has said, then it will turn back to
him (who said this)
The following statements are offensive that could constitute
apostasy:

a) Attachment of any defect or fault pertaining to the life or

ancestry of the prophet (saw)
b) His religion (Religion of Islam)
c) Any of his natural disposition (moral qualities)
d) To reduce or extend any of his habits
e) Curse him
f) Dishonour or disgrace him
g) To make a false accusation against him
 POSITION IN
MALAYSIA
APOSTASY IN MALAYSIAN LAW
 Position in Malaysia
Professing is a matter of inner feeling.
How Malaysian judge handling this apostasy case?
3 serious problem:

~Syariah courts often fail to adjudicate on a renunciation application

despite an unconscionable passage of time.

~x remedy seems to be available if a syariah judge indefinitely postpones

the determines of an apostatess status.

~Syariah authorities denounce and effectively defeat an application to

renounce islam by prosecuting the applicant for insulting Islam.
 What are the punishment in Malaysia for apostate?
Syariah Court Jurisdiction.
Md.Hakim Lee v Maljlis Agama Islam Wilayah
Persekutuan.
State law-state religious officers-register..sec.141(2)
of Johor Enactment 14 of 1978.
Perak Enactment 11 of 1965
Enactment of KelantanKelantan Islamic Criminal
Law (II)-Art. 23(3)
 Cases
Aishah Bukhari.
Teoh Eng Huat v Kadhi,Pasir Mas and Anor.
Soon Sing v PERKIM
Lina Joy v Majlis Agama Islam Wilayah
Case of 4 disciples of Ayah Pin.
 Conclusion
Sooner or later, Muslim will become a minority of
their own home land which would pave the ways of
Christian missionaries to take over the
administration.
If it happens, and it is bound to happen in absence of
preventive measures, then none is to be blamed more
than the Muslim themselves.