Minggu, 15 November 2009

Hukuman Mati untuk Orang Murtad Tidak Bertentangan dengan Kebebasan

By the Name of Allah and his blessings I begin:

I have been asked this question before from non-muslims since i live in the west. Inshallah i will advise you about this matter as it is sensitive topic and maybe you can benefit from the experiences I had before. Smile

Firstly, keep in mind that non-muslims think and perceive every matter from secular western angle. Thus, it is the best to follow the advise that was given to us long time ago when it was said:" speak to people according to their level of understanding otherwise people may decline and reject Allah's word and his Prophet's Hadith due to their ignorance" [I cannot recall who said this but most likely it is either Ali bin Abi Talib or imam shiafe'e]. in addition, please give this topic its time because it is not a question that takes one minute answer, therefore I strongly advise you to explain it fully and make sure the people who asked you have time otherwise it may turn out bad.

The following are some of the arguments I forward when I discuss this matters with them:

Countries design their national law to serve their national interest to protect itself from internal and external threats and danger to maintain their survival.
Laws vary in from one country to another depends on how they perceive the status of their existence. Thus, you would find the law in USA is different to the law in Norway for an example. This diversity implemented within various laws to be concerned with crime and punishment, which produced different punishments for one crime due to the different authority who designed the law. For example: homicides punishment can be life time jail in some countries while it is execution in other countries. This is very obvious in the USA as some states apply different punishments on murders. (Ask them here whether they agree or not, surely they will)

Islam is a religion that represents a comprehensive system that covers every aspect of each person's life. Accordingly, it has within its structure a formula of laws which have to be respected and obeyed since we agreed laws are made to be obeyed. (At this point you need to ask them whether they agree or not and they will agree anyway. smile). Now apostasy is considered a crime in Islam that has a punishment, which is execution. YET, keep in mind it is not as simple as that because it has to be based on evidences and proven and no doubts should be there. However, this crime has been highlighted as a serious internal and external threat but despite this threat, Islam provided whoever commits this crime a special immunity by making his word worthy and accepted if he ever decline or deny his apostasy. Furthermore, Islam gave the time for this person to review his decision so he can be saved from the punishment.
This treatment and this fully consideration cannot be found in any other law in this world.

Yet, let me sum it up for you now: there are two issues concerns this matter:

1) the punishment
2) the freedom of opinion that Islam allows

1) some may perceive the punishment as not needed because they view this issue or crime as matter of point of personal opinion. I say: we agreed before that law differ from one place to another; therefore what you may find crime in one place is not in another. For example smoking weed in Holland is not a crime but in other countries it is a crime!!! Therefore, personal opinion about the validity of the punishment is not recognized anywhere in this world because there are opinions that say that jails are wrong and no crime worth this punishment to take someone's freedom. If that is the case then no punishment ever will be made because you will always find people arguing and disagreeing. Besides when law is made, it always made by experts who are aware of the need and the circumstances of people. If you can accept that fact then why cannot you accept this if this law is made by the Lord of the world and the creator of people who is surely know the needs and the circumstance of people more than anyone in this world. Smile

Laws are made to protect and maintain societies and systems and it is not necessary has to suit everyone. Otherwise you will find thieves first ones to disagree with jail punishments and the murderers will be against executions and life time jail punishments and so forth.

3) Some may argue that its freedom of choice and Islam guarantees that in the verse in sura Al-Baqara that says in its meaning that there is no force in entering Islam. I say, this is vague misunderstanding about the whole matter due to the following points:

A) We need to distinguish between someone who entered Islam while he was from different religion. In this case, entering Islam is a choice he/she made without any pressure which means accepting the law of Islam. It is like someone applies for Swedish citizenship then he obtains it. Accordingly, he would vow in the ceremony to abide the Swedish law. smile

B) If he is born Muslim then he must be covered by the law regardless the notion that he may disagree on that. For an example is if someone is born American and the law says if you do X crime then you will be jailed would it be accepted from him to say if he ever did X crime: I had no choice to be American I do not want to be one so I do not accept this punishment!!!!

I prefer akhi to present them examples that they can relate to so they can understand. I would have explained it from fiqh perspective but you won't need it much since they are non-muslims. Smile

Wallahu a'lam

oleh Syaikh Ayman bin Khalid di ahlalhdeeth.com