Having "slept on it" I have come to the conclusion that although the style that I wrote in, regarding those who insult Prophet Muhammad
, was a little raw and contained some error in tone etc, I really feel that the essence was correct, the fiq was correct and the principle was correct – despite what people think. You see, I believe my original reaction was the correct reaction, even though it was a really emotional reaction to what I found to be an abhorrent and totally ignorant and unacceptable article by Inayat Bungawala.
The truth and undeniable fact is that the crime of intentionally insulting Prophet Muhammad
is one of the most serious of all crimes, one deserving of the ultimate punishment under the Shari’a law. This is not my opinion, it is not my suggestion I was/am merely repeating and stating the united position of all of the most respected scholars of Islam over the past 1400 years.
Lambasted, as I was; scoffed at, as I was – my own opinion regarding the ruling of such crimes never entered the arena. My opinion was evident in my personal attack upon Inyat's limp wristed and ignorant words of support for those who do commit such major crimes.
So, "shooting the messenger," (me in this case) became a good thing to do because it was wrongly viewed that I was an extremist with extreme and un-Islamic views. I did mention in the original post that I feared being labeled "extremist," and indeed I was.
Please allow me to present the opening paragraphs of the section entitled The Judgement of the Shari'a regarding someone who curses or disparages the Prophet, from the book "Messenger of Allah: Ash-Shifa of Qadi 'Iyad"
This book is extremely well known and is regarded by all as one of the best books ever written about the nature of Prophet Muhammad
. It was taught last year by Shaykh Muhammad al-Yaqoubi in Birmingham, UK. The author lays out the position of the Ullema regarding those who insult Prophet Muhammad
and his own personal view is not expressed.
Know that all who curse Muhammad, may Allah
bless him and grant him peace, or blame him or attribute imperfection to him in his person, his lineage, his deen or any of his qualities, or alludes to that or its like by any means whatsoever, whether in the form of a curse or contempt or belittling him or detracting from him or finding fault with him or maligning him, the judgement regarding such a person is the same as the judgement against anyone who curses him. He is killed as we shall make clear. This judgement extends to anything which amounts to a curse or disparagement. We have no hesitation concerning this matter, be it a clear statement or allusion.
The same applies to anyone who curses him, invokes against him, desires to harm him, ascribes to him what does not befit his position or jokes about his mighty affair with foolish talk, satire, disliked words or jies, or reviles him because of any affliction or trial which happened to him or disparages him, because of any of the permissible and well-known human events which happened to him. All of this is the consensus of the 'ularna' and the imams of fatwa from the time of the Companions until today.
Abu Bakr ibn al-Mundhir said that the bulk of the people of knowledge agree that whoever curses the Prophet is killed. These include Malik ibn Anas, al-Layth, Ahmad ibn Hanbal and Ishaq ibn Rahawayh, and it is the position of the Shafi'i school. Qadi Abu'l-Fadl said that it is based on the statement of Abu Bakr as-Siddiq. His repentance is not accepted. Something similar was stated by Abu Hanifa and his people, ath-Thawri and the people of Kufa and al-Awza'i about the Muslims. However, they said that it constitutes apostasy.
At-Tabari related something similar from Abu Hanifa and his companions about anyone who disparages the Prophet, proclaims himself quit of him or calls him a liar.
Sahnun said about those who curse the Prophet, "This is apostasy in exactly the same way as heresy (zandaqa) is. Therefore there is some dispute about whether such a person should be called to repent (as a Muslim) or whether he is an unbeliever. Is he to be killed by a hadd-punishment (as a Muslim) or for disbelief?" We will make this clear in Chapter Two. We do not know of any dispute among the 'ulama' of the community and the Salaf regarding the permissibility of shedding his blood.
Several people have mentioned that the consensus is that he is to be killed and considered an unbeliever. One of the Dhahirites, Abu Muhammad ibn Ahmad al-Farisi, however, indicated that there is some disagreement about whether to consider someone who belittles the Prophet as an unbeliever. The best-known position has already been stated.
Muhammad ibn Sahnun said that the 'ulama' agree that anyone who reviles the Prophet and disparages him is an unbeliever and the threat of Allah
's punishment is on him. The community's judgement on him is that he be killed. Anyone who has any doubts about such a person's disbelief and punishment is also an unbeliever. For a proof of this, Ibrahim ibn Husayn ibn Khalid, the faqih, uses the instance of Khalid ibn al-Walid killing Malik ibn Nuwayra for referring to the Prophet as "your companion."'
Abu Sulayman al-Khattabi said, "I do not know of any Muslim who disagrees about the necessity of killing such a person if he is a Muslim."
Ibn al-Qasim reports from Malik in the book of Ibn Sahnun, the Mabsut, and the 'Utibiyya and Ibn Mutarrif relates the same from Malik in the book of Ibn Habib, "Any Muslim who curses the Prophet is killed without being asked to repent."
I was not and I am not encouraging any physical retribution upon those who insult the Prophet Muhammad
as it would not be right. It would cause much damage to the individual and to the Muslim community as a whole. I am merely reminding everyone, including myself, of the seriousness of this crime by setting out the position of the scholars.
If this is the position of the scholars regarding that person who insults our beloved Prophet Muhammad
, then what of that person who assists on defending that person’s right to insult the Messenger of Allah
? Putting to one side what the court of Queen Elizabeth says about his right to defend the slanderers, what is his position in the court of Allah
? Does he have that right in the court of Allah
?
We are taught to have love for the Prophet Muhammad
and have Taqwa (God consciousness, fear of God) what type of Muslim would not be physically hurt by the insults directed at the Messenger of Allah
? And what type of Muslim does not think about Allah
when he fights for the rights of the slanderers, the abusers, the haters of Islam, Allah
and Prophet Muhammad
to continue their crusade?
It is nothing short of disgraceful.
We should be very careful when we join the chorus singing freedom of speech when it comes to the Messenger of Allah
, it is not a game, it is not a small issue and it is not about so called freedoms of expression or speech in the West. It IS about what is right and wrong in the court off Allah
.
People are so obsessed by saying things because they could, they don’t stop and think about whether they should.
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