Penalty for Insulting the Beloved Prophet śallAllāhu álayhi wa sallam

Discussion in 'Aqidah/Kalam' started by sunnistudent, Jan 7, 2011.

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  1. sunnistudent

    sunnistudent Veteran

    I just found out that a major portion of English Translation from Al Shifa of Imam Qadi Iyad al Maliki [Rd] on this topic has been uploaded on internet.

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    Part Four
    [FONT=Georgia, Times New Roman, Times, serif]
    The judgements concerning those who think the Prophet imperfect or curse him[/FONT]

    Section One

    The Judgement of the Shari'a regarding someone who curses or disparages the Prophet


    Section Two

    The proof of the necessity of killing anyone who curses the Prophet or finds fault with him


    Section Three

    The proof of the necessity of killing anyone who curses the Prophet or finds fault with him

    Section Four

    [FONT=Verdana, Arial, Helvetica, sans-serif]The judgment regarding someone who maligns the Prophet [FONT=Georgia, Times New Roman, Times, serif]without deliberationor really believing what he has said[/FONT][/FONT]


    Section Five

    [FONT=Verdana, Arial, Helvetica, sans-serif]Is the one who says such thingsan unbeliever or an apostate? [/FONT]

    Section Six

    The judgement regarding words that could be construed to be a curse


    Section Seven

    The judgement on someone who describes himself[FONT=Verdana, Arial, Helvetica, sans-serif] [FONT=Georgia, Times New Roman, Times, serif]with one of the attributes of the Prophets[/FONT][/FONT]

    Section Eight

    The judgement regarding someone who quotes such words from someone else


    Section Nine

    The states of the Prophet which can be mentioned for the sake of instruction

    Section Ten

    The necessary adab when mentioning reports about the Prophet


    Follow this link to read the Ten parts

    http://www.masud.co.uk/ISLAM/misc/alshifa/pt4ch1sec1.htm
     
  2. sunnistudent

    sunnistudent Veteran

  3. sunnistudent

    sunnistudent Veteran

    Following is the English Translation from Al-Shifa bi Ta'rifi Huqooqil Mustafa, Part 4, Section 1

    [FONT=georgia, serif]By Imam Qadhi Iyad al-Maliki Alaihir raHmah wa ar-Ridwan [ d. 544 AH/1149 CE][/FONT]

    Sent by a mureed of Shaykh Mufti Akhtar Raza Khan al Qadri ( may Allah keep him healthy. Ameen)

    ----

    The rights of the Beloved Prophet Peace and Blessings of Allah be Upon Him and the devotion, respect, esteem and honor that are owed to him are made clear in the Holy Book and the Sunnah and the consensus of the community. In His Book, Allah has made it haram to harm him. The community agrees that anyone among the Muslims who disparages him or curses him is to be killed!!

    Allah SubHanuhu wa Ta'ala says, "Indeed those who trouble Allah and His Noble Messenger – upon them is Allah’s curse in the world and in the Hereafter, and Allah has kept prepared a disgraceful punishment for them." [33:57] and "and for those who trouble the Noble Messenger of Allah, is a painful punishment.," [9:61] and "and you have no right to trouble the Noble Messenger of Allah, nor ever marry any of his wives after him; indeed that is a very severe matter in the sight of Allah." [33:53]

    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 it’s 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 judgment regarding such a person is the same as the judgment against anyone who curses him. He is killed as we shall make clear. This judgment 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 lies, 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 'Ulama' and the Imams of fatwa from the time of the Companions until today.

    [FONT=georgia, serif]..:: Verdicts by the Jurists and Scholars of Islam ::..[/FONT]​
    [FONT=georgia, serif]
    1. 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.

    2. Qadi Abu'l-Fadl said that it is based on the statement of Abu Bakr as-Siddiq. His repentance is not accepted.

    3. 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.

    4. 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.

    5. 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.

    6. 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.

    7. 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 judgment 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."'

    8. 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."


    9. Ibn al-Qasim reports from Malik in the book of Ibn Sahnun, the Mabsut, and the 'Utibiyya and Ibn Mutarrif relate the same from Malik in the book of Ibn Habib, "Any Muslim who curses the Prophet is killed without being asked to repent."

    10. Ibn al-Qasim said in the 'Utibiyya, "Anyone who curses him, reviles him, finds fault with him or disparages him is killed. The community says that he should be killed just like the dualist. Allah made it obligatory to respect the Prophet and be dutiful to him."

    11. In the Mabsut from 'Uthman ibn Kinana we find, "Any Muslim who reviles the Prophet is killed or crucified without being asked to repent. The Imam can choose between crucifying him and killing him."

    12. In the variant of Abu'l-Mus'ab and Ibn Abi Uways, they heard Malik say, "Anyone who curses the Messenger of Allah, may Allah bless him and grant him peace, reviles him, finds fault with him or disparages him is killed, be he Muslim or unbeliever, without being asked to repent."

    13. Asbagh said, "He is killed in every case, whether he conceals it or makes it public, without being asked to repent because his repentance is not recognized."

    14. 'Abdullah ibn 'Abdu'l-Hakam said that and at-Tabari related something similar from Malik Ibn Wahb related that Malik said, "Anyone who says that the Prophet's cloak (or button) was dirty, thereby intending to find fault with him, should be killed."

    15. One of our 'ulama says that people agree that anyone who curses any of the Prophets using the expression "Woe to him" or anything disliked is to be killed without being asked to repent.

    16. Abu'l-Hasan al-Qabisi gave a fatwa that a man who called the Prophet "the porter, the orphan of Abu Talib" should be killed.

    17. Abu Muhammad ibn Abi Zayd gave a fatwa to kill a man who was listening to some people discussing what the Prophet looked like. When a man with an ugly face and beard walked by, he said to them, "You want to know what he looked like? He looked like this passer-by in physique and beard." Abu Muhammad said, "His repentance is not accepted. He lied, may Allah curse him. That could not come out of a heart with sound belief."

    18. Ahmad ibn Abi Sulayman, the companion of Sahnun, said, "Anyone who says that the Prophet was black should be killed."

    19. He was told about a man to whom someone said, "No, by the right of the Messenger of Allah," and he replied, "Allah did such a thing to the Messenger of Allah," mentioning some ugly words. People said to him, "What are you saying, enemy of Allah?" Then he said some even harsher things and added, "I wish for a scorpion for the Messenger of Allah." When someone asked him for fatwa about this man, lbn Abi Sulayman said, "Testify against him and I will be your partner," i.e. in killing him and getting the reward. Habib ibn ar-Rabi' said that is because trying to explain away the literal expression is not accepted because it is clear contempt and lack of respect for the Messenger of Allah. His blood is permitted.

    20. Abu 'Abdullah ibn 'Attab gave a fatwa about a tax-collector who said to a man, "Pay and complain to the Prophet. If I ask or am ignorant, the Prophet was ignorant and asked," to the effect that he be killed.

    21. The fuqaha' of Andalusia gave a fatwa that Ibn Hatim, the scholar of Toledo, be killed and crucified because there was testimony that he made light of what is due to the Prophet. In the course of a debate, he called him "the orphan" and the in-law of the lion (i.e. Mawla 'Ali)," and claimed that his doing-without (zuhd) las not intentional. He alleged that if he had been able to have good things, he would have eaten them. He said other similar things.

    22. The fuqaha' of the Qayrawan and the companions of Sahnun gave a fatwa for the killing of Ibrahim al-Ghazari, a poet and master of many sciences. He was one of those who attended the assembly of Qadi Abu'l-'Abbas ibn Talib for debate. He was accused of objectionable things like mocking Allah, His Prophets and our Prophet. Qadi Yahya ibn 'Umar and other fuqaha' summoned him and commanded that he be killed and crucified. He was stabbed and crucified upside down. Then he was brought down and burned. One of the historians related that when the post to which he was tied was lifted up, the body turned around away from qibla. It was a sign to all and the people said, "Allah is greater!" Then a dog came and licked his blood. Yahya ibn 'Umar said, "The Messenger of Allah, may Allah bless him and grant him peace, spoke the truth," and he mentioned a hadith in which the Prophet said, "A dog will not lick a Muslim's blood."

    23. Qadi Abu 'Abdullah ibn al-Murabit said, "Whoever says that the Prophet was defeated is asked to repent. If he repents, it is all right. If not, he is killed because it detracts from the Prophet. Such a disparaging remark could not be said about the Prophet by anyone with understanding of his affair and certainty about his inviolability."

    24. Habib ibn Rabi' al-Qarawi said that the school of Malik and his companions is that anyone who says anything disparaging about the Prophet is killed without being asked to repent.

    25. Ibn 'Attab said that the Book and Sunnah require that someone who intends to even slightly harm or disparage the Prophet, either by allusion or clear statement, must be killed.

    26. Anything like this which is something that the 'ulama' consider to be a curse or disparagement necessitates that the one who says it be killed. Neither the early or later people disagree about that, but they disagree about the basis for killing him as we have indicated. We will make this clear later.

    27. Qadhi Ayad al-Maliki says, "This is also my position regarding the judgment of anyone who belittles him or insults him about having been a shepherd, oversight, forgetfulness, sorcery, any wound he received, the defeat of one of his armies, injury by an enemy, the intensity of his illness or his being attracted to his wives. The judgment of all this is that the one who intends to disparage him by it is killed. The position of the 'ulama' is as we have already stated alHamduLILLAH!!"


    [/FONT]
     
  4. AbdalQadir

    AbdalQadir time to move along! will check pm's.

    i think most Muslims in the present times worldwide have lost all sense of gheirah and jihad (the only juhhaal who think they are involved in jihad are the khawarij) yes that includes Sunnis too in our times.
     
  5. Haroon

    Haroon Guest

    Which basically means that they should be ignored because otherwise we are contributing towards their noteriety and their message is going far and wide which it would not have done if it been ignored in the first place.

    I think in hindsight that would have been the best course of action 4 years ago but in todays context I feel muslims should have a common voice and pressure against not only cartoonists but other institutions / countries who are outwardly attacking islam (eg do u really think switzerland would ban minarets if the rich muslims threatened to pull their money out of swiss banks)
     
    Nur al Anwar likes this.
  6. AbdalQadir

    AbdalQadir time to move along! will check pm's.

    ok, i heard it and this is nuh keller's suggestion in regards to dealing with the cartoonists.

     
  7. AbdalQadir

    AbdalQadir time to move along! will check pm's.

    salam alaikum

    i would like to know what the forum members think of this. i haven't had a chance to listen to it yet. it is regarding what should be the Muslim response to the kafir cartoonists

    http://www.shadhiliteachings.com/fplayr/
     
  8. Ridwi

    Ridwi Well-Known Member

    Excellent translation by Brother Aqdas.

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    Giving explanations of explicit words

    From Fatāwah ar-Riđawiyyah, vol. 15, pp. 579

    No ta’wīl [interpretation] will be heard for manifest, unambiguous words. Fatāwah Khulasa, Fusul ‘Imadiya, Jami’ al-Fusulin and Fatāwah Hindiya and others state: If someone calls himself RasûlAllâh or refers to himself as Paighambar in Persian and then says that he meant that he is an ambassador who delivers someone’s message; then he will become a Kâfir. [Fatāwah Hindiya, vol.2, p.263]

    Imām Qadī ‘Iyadh writes:

    Imām Ahmad bin Abī Sulaiman, student of Imām Sahnun rahimahumAllah, was asked about a man to whom it was said that “In the name of RasûlAllâh”, he said “May Allah do so-and so with RasûlAllâh” and uttered insolent words. It was said to him, “Oh enemy of God! What do you utter about the Messenger?” He replied using even harsher words and then said, “By saying RasûlAllâh, I meant a scorpion”. Imām Ahmad bin Abī Sulaiman advised the questioner thus, “Bear witness against him so that he may get the punishment of death and that you get the reward. I am with you on this” [meaning, give evidence against him to the Muslim judge and I will also try that we get the judge to issue a verdict of capital punishment and gain the reward of this]. Imām Habīb bin Rabī’ says that this is because no ta’wīl is heard for explicit words. [al-Shifa’ fī Ta’rif Huqūq al-Mustafa, vol. 2, pp. 209]

    Mawlana ‘Alī Qarī writes:

    That is, when that man said that he was referring to a scorpion – he claimed the literal meaning of the word Risalah in that even the scorpion is sent by Allāh to the people – this ta’wīl is rejected according the rules of the Sharī’ā. [Sharh Shifa’ Mullah ‘Alī Qarī ma’a Nasīm al-Riyadh, vol. 4, pp. 343]

    ‘Allamah Shihāb Khafājī writes:

    Indeed the literal meaning of the word that he referred to is true and denying this is stubbornness. However, his claim that he had intended these meanings will not be accepted because this ta’wīl is extremely farfetched. To twist the meaning of word from its apparent meaning will not be heard just as when a man says to his wife that you are taaliq and then gives the explanation that what I meant was that she is open, not tied up [literally, taaliq means extended]. Such a ta’wīl will not be accepted and he will be thought to be delirious. [Nasīm al-Riyadh Sharh Shifa’, vol. 4, pp.343]
     
  9. sunnistudent

    sunnistudent Veteran

    This is one of the most important part of aqida.

    If moderators find it wise, they can make this topic sticky.

    In the present time , we have self made mujathids and muhaddith who debate for hours , but they do not know that any disrespect to prophet in any form is kufr and it makes a person murtad [apostate].

    There is a consesnsus( ijma) on this.

    There is no tawil ( inperpretation) on something which is clear ( sareeh) and if some one uses any sort of bad word for prophet ( sal allahu alayhi wa sallam), he becomes a kafir.Imam Qadi Iyad al malki (rh) has explained this in his al shifa.

    The thread dealing with refuting shias has got quotes from manyclassical scholars that one who does not decalre a kafir to be kafir is also among them.

    If we consider a kufr act to be correct or we praise those who have shown disrespect to prophet or we agree with those who have shown disrespect to prophet , all this is kufr.


    It was wise action by brother sherkhan to link another thread on the same topic.
     
  10. sherkhan

    sherkhan Veteran

  11. Ridwi

    Ridwi Well-Known Member

    if one disrespects the beard it would be haram, however if he mocks the beard after knowing it as the Blessed Sunnah of the Beloved Prophet śallAllāhu álayhi wa sallam then a ruling of disbelief shall be given.
     
  12. Haroon

    Haroon Guest

    What if someone mocks the sunnah of the Prophet - eg i have come across some people who will make fun of the beard and others who compared raful yadain to slapping away mosquitos.
     
  13. subhan Allah!
     
  14. Ridwi

    Ridwi Well-Known Member

    Taken from Thesis of Imam Ahmad Rida, vol. 4:

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    This is an enormous subject, but we shall concentrate in what constitutes an insult then the impending penalty.

    1. The verdict of infidelity for insulting the Holy Prophet śallAllāhu álayhi wa sallam will depend upon the apparent words and no consideration will be given to the intention and the purpose of the person committing the insult and the circumstances of the time.[1]

    2. Truly whoever abused the Holy Prophet śallAllāhu álayhi wa sallam or ascribed any fault to him or attributed any defect to his family, religion or his habit, or reproached him, or compared the Holy Prophet Muhammad śallAllāhu álayhi wa sallam with any defective thing with the objective of degrading his personality and prestige, he is truly an abusive person and deserves to be executed. We make absolutely no exception to this verdict, whether the insult has been committed intentionally or unintentionally. This has been the verdict of all the ‘Ulamā of the Ummah from the time of the Companions to the present day.[2]

    3. If a Muslims abuses the Holy Prophet Muhammad śallAllāhu álayhi wa sallam or lies about him or picks out faults in him, or robs him of his dignity, he commits the act of infidelity against Allāh Almighty.[3]

    4. When a person (a Muslim) speaks ill of the Holy Prophet śallAllāhu álayhi wa sallam is any connection, he becomes an infidel. According to some ‘Ulamā, if a man uses an insulting word even for the sacred hair of the Holy Prophet Muhammad śallAllāhu álayhi wa sallam he will become an infidel.[4]

    It is narrated by Imām Abū Hafs al-Kabīr rađiyAllāhu ánhu that if anybody ascribes a defect even to the sacred hair of the Holy Prophet Muhammad śallAllāhu álayhi wa sallam he will become an infidel. Imām Muhammad rađiyAllāhu ánhu mentioned in his ‘Mabsūt’ that it is an act of infidelity to abuse the Holy Prophet śallAllāhu álayhi wa sallam.

    5. It is beyond doubt that the whole of the Ummah is unanimous that the one who slanders the Holy Prophet Muhammad śallAllāhu álayhi wa sallam or any of the other Prophets, is an infidel, whether he committed this act while considering it legitimate or illegitimate. He is an infidel in the opinion of the Ulema, and whoever doubts his infidelity is also an infidel.[5]

    We can go on quoting the righteous Ulema on this topic and the verdict is the same, a single bad word towards the Holy Prophet śallAllāhu álayhi wa sallam under any circumstance, intentional or not, leads to Kufr! Furthermore, any Muslim doubting the Kufr of an abuser of the Holy Prophet śallAllāhu álayhi wa sallam will himself become a Kafir!
    ________________________________________
    [1] Imām Shahāb ud-Dīn Khafājī Hanafī, Nasīm Ur-Riyadh, vol. 4, pp. 426
    [2] Qadī Iyadh, Ash-Shifa, vol. 2, pp. 214
    [3] Imām Abū Yūsuf, Kitāb al-Khiraj, pp. 182
    [4] Fatāwah Qadī Khan, Vol. 4, pp. 882
    [5] Dhakhairat al-Uqba, pg. 240
     

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