The institute of legal studies islamabad, PAKISTAN

Skills Portfolio

Pathway 2

WAQAS BIN AAMIR

5/3/2013

ContentsClaim Form..................................................................................................................................................3

Outcome 1...............................................................................................................................................4

Outcome 2...............................................................................................................................................5

Outcome 3...............................................................................................................................................6

Outcome 4...............................................................................................................................................7

Outcome 5...............................................................................................................................................8

Outcome 6...............................................................................................................................................9

Outcome 7.............................................................................................................................................10

Outcome 8.............................................................................................................................................11

How does Islam justify the death penalty for apostates?..........................................................................12

BIBLIOGRAPHY...........................................................................................................................................18

Research Evidence.....................................................................................................................................19

Online Presentation Certificates................................................................................................................22

Online Presentation Slideshow..................................................................................................................24

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Claim Form

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Outcome 1“I can identify the principle issue for research on a specific topic”

Claim I believe that I have achieved this skill because I have identified a particular topic for research that how does Islam justifies the death penalty for apostates. I selected this topic because according to me this is one of the most controversial topics of this era and for the purpose of completing this research I have seen the views of different Islamic scholars. Throughout my research I realized that this concept has been wrongly interpreted by many and also manipulated by some. After selecting this topic I have tried to justify that the killing of an apostate is not justified under Islamic law and should be abolished

Evidence

On the second and third page of my essay I have identified the principle issue for the research in the topic. To support my views I have also highlighted Surah’s and Verses of the Quran that which have shown that the punishment of death for apostasy is not justified.

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Outcome 2Locate and retrieve relevant information on a specific topic usingPrimary and secondary legal sources, in paper or electronic media

ClaimI can locate the relevant information on a specific topic, using primary and secondary sources. During my research I used books and the World Wide Web for my research. To start off I did reading from the a book by N.J. Coulson A history of Islamic law and the University of London issued subject guide to get the gist of the topic. Then I went on to online sources for the rest of the research online articles also helped a lot for my research and the University of London online library also helped a lot.

EvidenceThe bibliography of my research essay relates to various online articles that I read through for my essay.

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Outcome 3

Use sources in a critical and reflective way.

Claim

I have achieved the skill of using sources in a critical and reflective way. In the pages 2 and 3 of my essay I have demonstrated the skill of critical and reflective analysis of various academics and scholars.

Evidence

On pages 2 and 3, I have demonstrated to use sources in a critical and reflective way.

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Outcome 4

With limited guidance and using a range of legal resources, plan, research and produce an original piece of legal writing some of which should address areas of law not previously studied in depth.

Claim

I completed this essay using the primary legal source and secondary legal sources as I have discussed in Outcome number 2. To complete this essay I used teamwork as with the help my colleagues and friends. The topic which I did my essay on is Apostasy because this topic has been briefly discussed in Islamic law and not touched upon in depth.

Evidence

I certify this essay is an original piece of legal writing. I am aware of the consequences of plagiarism that apply.

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Outcome 5

Make an accurate assessment of your progress and the quality of your work and, using feedback, identify areas of improvement

Claim

I believe that in my research essay I have been able to identify and access through sources the problem posed in the essay. I also received feedback from my colleagues, Taha Waqar and Faraz Khan Yousafzai who helped me to make my essay even better.

Evidence

My essay and portfolio provides evidence for the above claims which I have made above. I have worked with my class fellow’s Taha Waqar and Faraz Khan Yousafzai who helped me make my essay better.

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Outcome 6

Produce a word-processed portfolio, with footnotes, using appropriate formatting tools, and communicate and exchange documents by mail

Claim

I can word process text, with foot notes, using foot mating tools and I can communicate and exchange documents by mail. In my essay I used Calibri font size 14 for all my basic content. I also used spell checkers and grammar checkers to check my work. I also used email to correspond with my class fellows regarding my research. At the end I converted it all to word processed file into adobe PDF.

Evidence

My entire portfolio is evidence of the claim. I have also attached some email of conversations with my class fellows on Page 21.

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Outcome 7

Briefly and accurately present and discuss, orally in English, legalinformation from standard textbooks, leading cases or statutes in a way that responds relevantly to the question asked or topic set and is understood by the audience.

Claim

I can briefly and accurately present and discuss, orally in English, legal information from standard textbooks, leading cases or statutes in a way that responds relevantly to the question asked or topic set and is understood by the audience.

I made an oral presentation on an Islamic law topic of Dower. My presentation was video recorded and sent to the University of London.

Evidence

Where you undertook the oral presentation (which Institution)

The Institute of Legal Studies (Islamabad)

What date you did it on

Saturday 22nd March 2013

Who you did it in front of (Institution moderator)

Mr. Oves Anwar

I have attached the power point slides of my video presentation on page 24 to 27.

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Outcome 8

Work as an active and effective member of a team contributing productively to the group’s task.

Claim

I attended the Research and Development class arranged every week under the guidance from the research coordinator in order to cater to this outcome. Students were encouraged to share their ideas with the rest of the class and get feedback on it. I had study sessions with my classmates and we exchanged books and important articles. Also I exchanged emails with my class mates which proved beneficial.

Evidence

I have attached some screen shots on Page 21 of the emails that I exchanged with my classmates.

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How does Islam justify the death penalty for apostates?

The first thing that needs to be discussed here is how any Muslim Legal System is governed by Islamic law. Islamic law still plays an important role in forming the basis of any Muslim legal system and is regarded as one of the major legal systems in the world today. Islamic law does not only regulate the religious affairs but also talks about the daily life issues such as marriages, divorce and succession. Islamic law is primarily regarded as a religious law. Most encyclopedias define shariah as law derived from the Qur'an, the Sunna, and classical fiqh derived from consensus (ijma) and analogy (qiyas).

This definition of shariah inappropriately lumps together the revealed with the unrevealed. This blending of sources has created a muddled assumption that scholarly interpretations are as sacred and beyond revision as are the Quran and the Sunna. The Qur’an is regarded as a divine book by all the Muslims and it is the duty of every Muslim to submit to its commands. Many verses of the Quran have been interpreted and given legal perspectives which are now the principle of Sharia law. The Sunnah of the Prophet (P.B.U.H) is regarded the second most supreme source of the Sharia law and many people see it as the practical application of the principles of the Qur’an. It comprises of the practices of the Prophet (P.B.U.H) that were recorded and collected together and are referred to as ahadiths.

As we have seen what are the basic sources of the Islamic law so we must now turn to the question as to what is apostasy?

Apostasy is the formal disaffiliation, or abandonment or renunciation of religion by a person. One who commits apostasy is an apostate (Murtid). According to the traditional/orthodox Islamic position (as usual, with varying opinions), apostasy is punishable by death. Male apostates receive capital punishment and female apostates receive life imprisonment,1 unless they repent. Both the Sunni schools

1 Typical of most aspects of Islamic law, and contrary to the popular claims or assertions, there is no consensus on such issues. In this case, one of the prominent Maliki jurists, Ibn Rushd does not differentiate between male and female in regard to the

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of thought and also the twelve Shia schools are of the view that death is the punishment for the crime of apostasy. All the four Sunni schools of thought were together on the point that the crime of apostasy is punishable by death but the only but the only issue was of having a different point of view regarding the fact that whether he/she is to be killed at once or must be given a chance to repent.

Repentance can be regarded as an issue of contention in the Islamic legal discourse on apostasy. However, there is also so much disagreement about this. Abu Hanifa as well as Hanafi madhhab in general considers asking apostates to repent as only desirable.2 The four Imams of the Sunni schools believe that it is obligatory to kill a person whose apostasy against Islam is proven.

If we look at another aspect of apostasy we will be able to see that in Christianity also points towards death as we can see in the verse of the old testament " If your very own brother, or your son or daughter, or the wife you love, or your closest friend secretly entices you, saying: Let us go and worship other gods (gods that neither you nor your fathers have known, gods of the peoples around you, whether near or far, from one end of the land to the other, or gods of other religions), do not yield to him or listen to him. Show him no pity. Do not spare him or shield him. You must certainly put him to death. Your hand must be the first in putting him to death, and then the hands of all the people.”3 However, it is not dealt as strictly in Christianity as it is in Islam.

The real question to ask is whether such capital punishment is justified under the Islamic law. If such punishments can be seen as justified then how can a person be given a chance to repent towards the true religion or as for forgiveness. “Except those WHO REPENT AFTER THAT AND AMEND, then surely Allah is Forgiving, Merciful.”4 As we can see that according to Islam God has the ultimate power to punish or forgive a person for any sin how small or big it in the hereafter and this can be seen as an issue of disagreement among many of Islamic jurists

punishment for apostasy. (1994) 'BidayatuMujtahidwaNihayatulMuqtasid', , vol 2(), pp. 383 [Online]. Available at:http://al-islam.org/short/apostasy/7.htm (Accessed: 25th April 2013).2 Marghinani, Hidaya, vol. 2, pp. 871-872. In al-Sarim al-Maslul, p. 321, Ibn Taymiyya attributes this view to the whole Hanafi madhhab.3Deuteronomy 13:6-94 Verse 3.89

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and scholars. Scholars like Ibrahim al-Nakha'i and Sufyan al-Thawri have rejected the death penalty for an apostate and given the opinion that the punishment should be imprisonment until repentance. Another verse of the Qur’an translated Behold, as for those who come to believe, and then deny the truth, and again come to believe, and again deny the truth, and thereafter grow stubborn in their denial of truth — God will not forgive them, nor will guide them in any way.5

Many of the scholars who are in favor of death penalty for apostasy base their view on the Hadiths which are the oral communications of the Holy Prophet (PBUH) and it can be seen that the punishment for the crime of apostasy is indeed death. Some examples of which can be seen as Narrated ‘Abdullah: Allah’s Apostle said, “The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims.”6 At another instance it can be seen Narrated Ikrima: Ali burnt some people and the news reached Ibn’Abbas, who said, “had I been in his place I would not have burnt them, as the prophet said, ‘don’t punish anybody with Allah’s punishment .’No doubt I would have killed them, if somebody (as Muslim) discards his religion kill him.”7

An issue that needs discussion here relates to the punishment of this crime. As we can see from the above mentioned narrations that there is contention on this point as on one hand Hadith literature refer to death penalty at some instances. But on the other hand the Qur’an only talks about God’s punishment not in this world but the hereafter. Many people argue on the authentication and credibility of the Hadith literature that whether they relate to the Holy Prophet (P.B.U.H). A hadith is the practices and precedents set by the Prophet (P.B.U.H) which were narrated and were interpreted by other scholars. It would be arrogant of to say that they made mistakes while interpreting them but it can be argued that the

5An-Nisaa' 4:1376 Al Bukhari, 4:52:2607Sahih al-Bukhari , 4:52:260,

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original interpretation and what the Prophet’s (P.B.U.H) message was could have been misinterpreted.

The Nasr Abu Zayd case can be seen as a key ruling on this issue. For the first time the court gave the definition of the crime of apostasy and how it can be committed. It was defined as “a clear declaration of unbelief (kufr)” by a Muslim.8 In the light of the above mentioned words it can be seen that proclamation of being an apostate by a Muslim is a requirement. Only Muslims who openly declare can be regarded as an apostate. In the words of the court: Merely believing the mentioned [unbelief] is not considered apostasy, unless it is embodied in words or actions. According to the majority of the Muslim legal scholars, among them the Hanafis, it suffices to consider a person an apostate once he deliberately speaks or acts in unbelief, as long as he meant to be degrading, contemptuous, obstinate, or mocking.9 The Court based its decision of regarding him as an apostate the fact that certain publications by Abu Zayd in his capacity as a professor of Arabic language an Islamic Studies at the Liberal Arts Faculty of Cairo University where he was teaching Quranic Sciences which lead to him being guilty of blasphemy and ultimately apostasy.

In my humble opinion and in context of the above discussion I think that there should be no restriction on following of any religion of this world and also as a Muslim I believe that subject to certain misinterpretations of some scholars the concept of apostasy in Islam is portrayed as one of the harsh concepts and this harshness according to my humble opinion should be mitigated. Also as we can see that Islam places no restrictions on the choosing of a religion other than Islam and this can be traced back to the following verse. “Let there be no compulsion in religion: Truth stands out clear from Error: whoever rejects evil and believes in Allah has grasped the most trustworthy.”10 In the light of an article by Mohammad Omar Farooq11 it can be seen that over the years this concept has been confused

8 Maurits S. Berger (Feb 2, 2004) Apostasy and Public Policy in Contemporary Egypt: An Evaluation of Recent Cases from Egypt’s Highest Courts. [Online]. Available at:www.muhammadanism.org/Zwemer/apostasy/pdf (Accessed: 27th April 2013).9 Court of Cassation (5 Aug. 1996) supra note 32., : .

10 [2/al-Baqarah/256]

11 Mohammad Omar Farooq (September 2006) 'Apostasy, Freedom and Da’wah:Full Disclosure in a Business-like Manner', , (), pp. [Online]. Available at:papers.ssm.com/sol3/papers.cfm?abstract_id=1514019 (Accessed: 27th April 2013).

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with treason. It would not be wrong to say that this goes against the fundamental principles of Islam as Mohammad Omar Farooq also highlights that freedom of religion is an essential part of Islam. A Pakistani Islamic scholar Javed Ahmad Ghamidi writes that punishment for apostasy was part of Divine punishment for only those who denied the truth even after clarification in its ultimate form by Muhammad (he uses term Itmam al-hujjah), hence, he considers this command for a particular time and no longer punishable.12

At many instances different views have been come into light relating to this concept. This misunderstanding of the significance of the word apostasy in the Qur’an and the punishment assigned to it in the Hadith of the Prophet (PBUH) destroyed in the classical jurisprudence the basis of the Islamic concept of tolerance and human responsibility.13 In an article by Abdul Rehman Abdul Talib where he has justified the punishment of apostasy by saying that “it will change the true nature of Islam, as Islam is a way of life which encompasses many aspects”.14 According to Dr. Ahmad Shaffat, he does not see death penalty in line with the rules prescribed by God Qur’an as it doesn’t specify death penalty on the crime of apostasy and according to him God never intended such penalty to be included in the Sharia.15

If we try to look at this punishment under the Human Rights perspective we can easily criticize this as being very harsh as no one has a right to kill people for letting go of their practice of Islam as it goes against the very nature of Islam. Many organizations have been made world over to cater to this concern. The council for ex-Muslims16 was created for this very reason to provide counseling and rehabilitation services to the people who have left Islam as they may be in danger not only in their own country but also in foreign countries. An important case in relation to this discussion is the Afghan case of Abdul Rahman.17 Here the 12 Javed Ahmad Ghamidi (November, 1996) 'The Punishment for Apostasy, Renaissance – Monthly Islamic Journal', , Al-Mawrid, 6(11)()

13 (n.d.) '', in AbuSulayman (ed.) . : , pp. p. 104..14(n.d.) '', in (ed.) Apostasy - no justification for Islam to change policy. : , pp. .

15 Q & A - THE PUNISHMENT OF APOSTASY IN ISLAM - Part I: The Qur`anic Perspective

16http://en.wikipedia.org/wiki/Central_Council_of_Ex-Muslims17 MandanaKnustRassekhAfshar (n.d.) The Right to a Fair Trial Between Islamic Law and Human Rights in the Afghan Constitution. [Online]. Available at:http://www.mpil.de/shared/data/pdf/pdfmpunyb/13_knust.pdf (Accessed: 30 April 2013).

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issue related to an Afghan-born Muslim who was accused of apostasy for converted to Christianity. It was argued by many that it was an attack on Islam and it was nothing but asking for a death penalty, but as this issue drew the attention of public as it was highlighted and heavily reported therefore he was released on the ground of freedom of religion.

In my humble opinion a person should not be forced to follow any religion whatsoever and it is against the freedom of religion and no one should be subject to threat of harm or death for expressing his/her own wishes as it also goes against the true wishes of Islam. There must be, above all, a liberty in religion, the virtue that will vindicate the rights of men and secure the honor of the family; that will encourage education and make it thrive. Liberty is the soul of religion. Doubtless, liberty is the dearest thing to man after his life. To lose it is to banish hope, and check labor; to let the soul expire, the laws die and the rules are transgressed."18 The crux of the above discussion suggests that it is only the interpretation of many scholars that relates to the death penalty for an apostate and it is therefore suggested here that the killing of an apostate does not seem to be justified as it stands against the freedom of thought and religion and also against the true spirit of the Islamic jurisprudence.

18 SAMUEL M. ZWEMER (February 2, 2004) 'THE LAW OF APOSTASY IN ISLAM ', , (), pp. [Online]. Available at: www.muhammadanism.org (Accessed: 28 April 2013).

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BIBLIOGRAPHY

1- Mohammad Omar Farooq (September 2006) 'Apostasy, Freedom and Da’wah:Full Disclosure in a Business-like Manner', , (), pp. [Online]

2- http://www.islamicperspectives.com/apostasy1.htm

3- Maurits S. Berger (Feb 2, 2004) Apostasy and Public Policy in Contemporary Egypt: An Evaluation of Recent Cases from Egypt’s Highest Courts. [Online].

4- SAMUEL M. ZWEMER (February 2, 2004) 'THE LAW OF APOSTASY IN ISLAM ', , (), pp. [Online]. Available at: www.muhammadanism.org

5- MandanaKnustRassekhAfshar () The Case of an Afghan Apostate – The Right to a Fair Trial Between Islamic Law and Human Rights in the Afghan Constitution

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Research Evidence

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Online Presentation Certificates

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Online Presentation Slideshow

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