"An Overview of the Hanafi Position
In much of Islamic law, blasphemy (insult of religion) is distinct from, and more severe than apostasy (the leaving of religion). For the most part (though there is disagreement in the minutiae), it is held that both Muslims and non-Muslims are to be executed for the offense, and not given the chance to repent — an allowance typically extended to apostates.1

The Hanafi madhab is the outlier, however. Hanafi legal reasoning stipulates that blasphemy and apostasy are synonymous offenses. Insult of the Prophet Muhammad, rather than being an offense in and of itself, indicates disbelief in Allah and Islam. The blasphemer is considered an apostate, and has the chance to repent and be spared punishment. Moreover, female Muslim blasphemers are not killed, as female apostates do not receive the death penalty in Hanafi jurisprudence.2

By this reasoning, non-Muslims (much less females) cannot be punished with death for blasphemy, as they have never been Muslim in the first place, and do not qualify as apostates (for having left Islam). Rather, they are liable for a tazir (discretionary punishment).

This classification of blasphemy as a type of apostasy is crucial for understanding the inability of non-Muslims to receive the death penalty, and is central to the works that follow.

Classical Hanafi Legal Works
The authors here represent some of the most renowned names in Hanafi legal history. While many more works exist, these contain the most direct remarks on the issue of blasphemy by non-Muslims. While there is not a consensus within the Hanafi madhab on this issue — due to methodological differences between earlier and later scholarly trends — these works represent the broad consensus that existed throughout the earliest recorded history of the madhab, and comprise some of its most well known scholars. In the legal literature, non-Muslims are often referred to as dhimmis — those who live within and receive a covenant of protection from the Islamic state. In other madhabs, blasphemy nullifies this covenant — a position rejected in the Hanafi literature.

Ahmad ibn Muhammad al-Tahawi (d. 321 AH/933 CE). Mukhtasar Ikhtilaf al-Ulama, vol. 3, p. 504, #1652

قال أصحابنا فيمن سب النبي صلى الله عليه وسلم أو عابه وكان مسلما فقد صار مرتدا ولو كان ذميا عزر ولم يقتل

As for insult or reproach of the Prophet, our companions (the Hanafis) say: If he is a Muslim, then he has become an apostate, and if he is a dhimmi, then he is given a tazir, and not killed.

Ahmad ibn Ali al-Jassas (d. 370 AH/981 CE). Sharh Mukhtasar al-Tahawi fi al-Fiqh al-Hanafi, vol. 6, p. 142. See also Ahkam al-Quran, vol. 4, p. 275

فصل : حكم أهل الذمة في سب الرسول صلى الله عليه وسلم

قال أبو جعفر : ومَن كان من ذلك من أهل الذمة: فإنه يؤدَّب ولا يُقتل

لأنهم قد أُقِرُّوا على دينهم، ومِن دينهم عبادة غير الله، وتكذيب الرسول

ويدل عليه: ما روي «أنَّ اليهود دخلوا على النبي عليه الصلاة والسلام، فقالوا: السام عليك، فقال النبي صلى الله عليه وسلم: وعليكم»، ولم يوجد عليهم قتلا

Al-Tahawi said: Whoever insults the Prophet from the people of dhimma, he is chastised, and not killed.

This is because they have already assented to their religion, and from their religion is worship of other than Allah, and denial of the Messenger of Allah. This is evinced by what has been narrated: “The Jews entered upon the Prophet and said, ‘Death be upon you.’ The Prophet said, ‘And upon you.’”

And he did not rule they be killed.3

Ahmad ibn Muhammad al-Quduri (d. 428 AH/1036 CE). Al-Tajrid, vol. 12, p. 6266

أهل الذمة يسبون الله تعالى ويقولون له ولد ، والمجوس يقولون له ضِدٌ وهو أمر بَينِّ فلا ينقضون العهد بذلك ، فسب النبي مثله. ولأنه نوع كفر فلا ينقض بذلك العهد كسائر أنواعه ، لأنهم لو سبوا النبي في كنائسهم وبِيَعهم لم ينقضوا به العهد وما لا ينتقض العهد في كنائسهم لا ينتقض به غيرها كضرب الناقوس وإظهار الخنازير

The people of dhimma blaspheme against Allah by saying He has a son, and the Zoroastrians by saying He has an “opposite.” These are clear realities, and these (sayings) do not break their covenant (of security). So, insult of the Prophet is the same. Because, it is just one type of disbelief, so it does not break the covenant, in the same way the other types (of disbelief do not).

If they insult the Prophet in their churches, and in their transactions, it does not nullify their covenant. And what does not break their covenant in their churches, doesn’t break it it in other ways, such as in them ringing bells, or displaying pigs.

Masoud ibn Ahmad al-Kasani (d. 587 AH/1191 CE). Badai al-Sanai fi Tartib al-Sharai, vol. 15, p. 336

وكذلك لو سب النبي عليه الصلاة والسلام لا ينتقض عهده ؛ لأن هذا زيادة كفر على كفر ، والعهد يبقى مع أصل الكفر فيبقى مع الزيادة

If (a dhimmi) insults the Prophet, it does not invalidate his covenant (of security). Because, this is an addition to unbelief, upon unbelief. If the covenant was established upon the original unbelief, then it is established upon its addition.4

Ali ibn Zakariya al-Manjabi (d. 686 AH/1287 CE). Al-Lubab fi Jama Bayna al-Sunnah wa al-Kitab, vol. 2, p. 765

من أظهر سب النبي صلى الله عليه وسلم من أهل الذمة عزر ولا ينتقض عهده ولا يقتل

Whoever insults the Prophet from the people of dhimma, he is given a tazir, his covenant is not invalidated, and he is not killed.

Abu Bakr ibn Ali al-Haddad (d. 800 AH/1397 CE). Al-Jawhara al-Nayira ala Mukhtasar al-Quduri, vol. 6, p. 138

وأما سب النبي صلى الله عليه وسلم فلا يكون نقضا للعهد عندنا ؛ لأنه كفر والكفر المقارن له لا يمنعه فالطارئ لا يرفعه ولأن سب النبي صلى الله عليه وسلم يجري مجرى سب الله تعالى وهم يسبون الله تعالى فيقولون له ولد

As for insult of the Prophet (by a dhimmi), it does not invalidate their covenant according to us (the Hanafis). Because, this is unbelief; it does not nullify the covenant, and it is not lifted due to it. This is because blasphemy against the Prophet is synonymous with blasphemy against Allah, and they already blaspheme against Allah by saying He has a son.5

The Limits of Tazir Punishment
Although spared the death penalty, the legal literature does advocate that non-Muslim blasphemers receive a tazir punishment. What does this entail, and what does it mean for Asia Bibi if the scholarly rulings are followed to the letter?

In Islamic law, punishments are of two types — hadd (fixed) punishments, and tazir (discretionary) punishments.

Hadd punishments are established by direct textual evidence in the Koran and sunnah. They include those for adultery, slander and false accusation, alcohol consumption, theft, and highway robbery, among others. Generally, they are considered to be “rights of God,” (huquq Allah) which it is sinful to not implement, or delay.

Tazir punishments cover everything else. If there is an offense not covered under the hadd punishments, or if there is a lack of definitive evidence in a hadd case, a tazir is employed. They are not categorized in any way, and unlike hadd punishments, are not binding.

In classical Islamic law, the main means of tazir punishment is lashing. In Hanafi jurisprudence, it is at the judge’s discretion to sentence offenders to a minimum of 1, and maximum of 39 lashes. It is unlike a hadd (fixed) punishment because of this choice in its severity. Due to the nature of the tazir, the same offense can be subject to varying degrees of punishment for different individuals, and the judge can take into account factors such as the offender’s gender, or the level of cooperation or remorse shown.

However, in the scholarly literature, the term can also indicate an offense’s legal classification, rather than an explicit endorsement of punishment. When the authors wrote that blasphemers receive a “tazir,” they sought to articulate a legal delineation and indicate that the offense is not subject to the conditions of a hadd. They were not explicitly endorsing punishment, and none of the works have recommended a number of lashes, as it is at the judge’s discretion alone. These scholars sought to systemize the content of the law, and no more.

Lastly, in Islamic history, monetary fines have also been utilized as tazir punishments in place of lashing. The bottom line being: Simply because these scholarly statements seemingly endorse some type of punishment for non-Muslim blasphemers, it is jurisprudentially possible for punishment to not be carried out, or to be limited in nature.

Conclusion
The purpose of this analysis is not to highlight that different punishments exist for Muslim and non-Muslim blasphemers in the scholarly literature, or to focus on punishment at all. Rather, it is to show that in Pakistan’s religious tradition there exists a broad legal philosophy which has not been utilized to its full potential, yet can offer a new avenue for reform, and a reconceptualization of Islamic law and personal freedoms. While a small effort, it is my hope that this contributes to Asia Bibi’s defense, and a future of social tolerance, respect, and prosperity in Pakistan.

Notes
1. The Maliki madhab holds that non-Muslim blasphemers can be spared punishment if they convert to Islam. The Shafi’i madhab also holds that the offer of repentance can be extended to Muslim blasphemers.

2. Given the fact that blasphemy is considered a type of apostasy in Hanafi jurisprudence, this footnote will be dedicated to exploring the Hanafi treatment of apostates. As mentioned, unlike other Sunni madhabs, which envision blasphemy as an offense distinct from and more severe than apostasy, the Hanafis view them as synonymous offenses. This is indicated in the Hanafi treatment by mandating that the blasphemer be separated from his wife, and imposing a period of repentance — both done with apostasy. This correlation of blasphemy with apostasy also explains the inability of a non-Muslim to be punished for it:

من سب رسول الله صلى الله عليه وسلم فانه مرتد وحكمه حكم المرتد

Whoever insults the Messenger of Allah is an apostate, and his ruling is the ruling of the apostate.

— Ali ibn Hassan al-Sughdi (d. 461 AH/1068 CE). Al-Nutaf fi al-Fatawa

وأيما رجل مسلم سب رَسُوْل اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ أو كذبه أو عابه أوتنقصه فقد كفر بالله وبانت منه زوجته ، فإن تاب وإلا قتل ، وكذلك المرأة ، إلا أن أبا حنيفة قَالَ: لا تقتل المرأة وتجبر عَلَى الإسلام

If a Muslim man insults the Messenger of Allah, denies him, or reproaches or diminishes him, he has disbelieved in Allah, and his wife is separated from him. He must repent, or else is killed. And this is the same for the woman, except Abu Hanifa said: Do not kill the woman, but coerce her upon Islam.

— Yaqub ibn Ibrahim al-Ansari (Abu Yusuf) (d. 182 AH/798 CE). Kitab al-Kharaj

Therefore, if we wish to analyze theoretical religious reform of Pakistan’s blasphemy law, we must confront apostasy and freedom of belief in general. Can a religious framework be devised through which to reconcile traditional Islamic scholarship with modern notions of freedom, social tolerance, and personal liberties? Like their unique position on blasphemy by non-Muslims, Hanafi scholarship is better equipped than other schools of thought in trying to tease out a semblance of religious tolerance. As will be seen, while promising, the Hanafi treatment of apostasy is also fraught with challenges.

Although held by a number of early Islamic jurists — including the Prophetic companion Ibn Abbas, and second-generation scholar Ata ibn Abi Rabah, among others — the Hanafi madhab is the only school of Sunni Islamic law to codify the opinion that female apostates are not to be killed:

حدثنا عبد الرحيم بن سليمان ووكيع عن أبي حنيفة عن عاصم عن أبي رزين عن ابن عباس قال : لا تقتل النساء إذا ارتددن عن الإسلام ، ولكن يحبسن ويدعين إلى الإسلام ويجبرن عليه

Ibn Abbas said: Do not kill women if they apostatize from Islam, but imprison them and call them to Islam, and coerce them upon it.

حدثنا حفص عن ليث عن عطاء في المرتدة قال : لا تقتل

Ata ibn Abi Rabah said about the female apostate: She is not killed.

— Abu Bakr Ibn Abi Shaybah (d. 235 AH/849 CE). Al-Musannaf

This view having been endorsed by Abu Hanifa (Abu Yusuf, however, has two views recorded for him), Hanafi scholars then sought to explain the reasoning for this difference in punishment between men and women. If punishment for apostasy were merely for the act of intellectual disbelief in Islam, then both men and women would be equally entitled to punishment. Rather, the exemption of women in the Hanafi conception of apostasy points to a different legal reasoning:

وعن ابن عباس – رضي الله عنهما – أنه قال : «لا تقتل المرتدة» ، ولأن كفر المرأة لا يساوي كفر الرجل في كونه داعياً مفضياً إلى الخراب فلا يساويه في استحقاق القتل لما عرف

It is narrated from Ibn Abbas that he said, “The female apostate is not killed.” This is because the unbelief of the woman is not equal to the unbelief of the man — which leads to (physical) devastation. So, she is not equal in the liability to be killed, as is known.

— Abu al-Layth al-Samarqandi (d. 373 AH/ 983 CE). Mukhtalaf al-Riwayah, vol. 3, pp. 1298-1299

فكذا يجب في القتل بالردة أن يكون لدفع شر حرابه لا جزاء على فعل الكفر ؛ لأن جزاءه أعظم من ذلك عند الله تعالى ، فيختص بمن يتأتى منه الحراب وهو الرجل ، ولهذا { نهى النبي صلى الله عليه وسلم عن قتل النساء } ، وعلله بأنها لم تكن تقاتل على ما صح من الحديث فيما تقدم ؛ ولهذا قلنا : لو كانت المرتدة ذات رأي وتبع تقتل لا لردتها بل ؛ لأنها حينئذ تسعى في الأرض بالفساد ، وإنما حبست لأنها امتنعت عن أداء حق الله تعالى بعد أن أقرت به فتحبس كما في حقوق العباد

It is necessary to kill for apostasy to avert the evil of war, not as punishment for the act of disbelief. Because the greatest punishment for that is with Allah. This (the punishment of killing) is for those who come with war, and that is the man. This is because the Prophet prohibited killing women, and the reason is because they do not fight. Because of this (reasoning) we say: If a woman apostate has an opinion and a following (for the sake of war), then she is killed. Not for her apostasy, but because she was spreading corruption in the earth. However, (the female apostate) is imprisoned, because she has refrained from performing the right of Allah after accepting it, like one is imprisoned for (violating) the rights of others.

— Muhammad ibn Abd al-Wahid al-Siwasi (Ibn al-Hummam) (d. 861 AH/1456 CE). Fath al-Qadir

This apparent correlation between apostasy and war could pave the way for a modern understanding of Islam and religious freedom.

However, it also betrays a grim juristic reality. Although the Hanafis did correlate apostasy with war making, they did not let women off the hook. Rather, she would be imprisoned until she converted to Islam again. According to some scholars, this would be accompanied by 39 lashes per day, until she returned to Islam, or died:

ولكن يجب حبسها أبدا حتى تسلم أو تمت وتضرب كل يوم تسعة وثلاثين سوط

It is necessary to imprison her forever, until she converts to Islam or dies, and strike her everyday with 39 lashes.

— Muhammad ibn Ahmad Al-Sarakhsi (d. 490 AH/1096 CE). Al-Mabsut

وكيفية حبس المرأة أن يحبسها القاضي ثم يخرجها في كل يوم يعرض عليها الإسلام فإن أبت ضربها أسواطا ثم يعرض عليها الإسلام فإن أبت حبسها يفعل بها هكذا كل يوم أبدا حتى تسلم أو تموت

The method of jailing the woman is that the judge jails her, then he brings her out everyday and presents Islam to her. If she refuses, she is hit with lashes. Then she is presented Islam again, and if she refuses, she (is returned) to prison. This is done everyday, forever until she submits to Islam, or dies.

— Abu Bakr ibn Ali al-Haddad (d. 800 AH/1397 CE). Al-Jawhara al-Nayira ala Mukhtasar al-Quduri

However, slave women apostates could avoid prison (though, some sources say that the judge should still visit her everyday to lash her, like a free woman), as her master’s right over her trumps the right of God for her imprisonment:

ويجبرونها على الإسلام لان حبسها لحق الله ( تعالى ) وحق المولى في خدمتها يقدم على حق الله في حبسها

The right of the master for her services precedes the right of Allah for her imprisonment.

— Muhammad ibn al-Hassan al-Shaybani (d. 189 AH/804 CE). Jami al-Saghir

The juristic view that women apostates were not to be killed seems to have extended to reality. For instance, the Umayyad caliph Umar ibn Abd al-Aziz (d. 99 AH/720 CE) cautioned against selling apostate slave women into lands where their new religion was practiced:

أخبرنا عبد الرزاق عن معمر عن أيوب قال كتب عمر بن عبد العزيز في أم ولد تنصرت أن تباع في أرض ذات مولد عليها ولا تباع من أهل دينها

Umar ibn Abd al-Aziz wrote about the Umm Walad who converted to Christianity, that she should be sold in the land of her birth, and not sold in the land of the people of her religion.

— Abd al-Razzaq al-Sanani (d. 211 AH/826 CE). Al-Musannaf

Notably, Muhammad ibn al-Hassan al-Shaybani, the student of Abu Hanifa, concedes that a male slave apostate can be sold — whereas per Hanafi methodology, as a male, he would be liable for death. While unclear, this perhaps represents a break between the scholarly ideal of punishing apostasy, and the real-world reality where that did not always occur, but scholars were nonetheless forced to address:

وإذا باع الرجل عبده المرتد أو أمته المرتدة فالبيع جائز، والردة عيب فيها

If a man sells his male slave apostate, or his female slave apostate, their selling is permissible, and their apostasy is a defect upon them.

— Muhammad ibn al-Hassan al-Shaybani (d. 189 AH/804 CE). Siyar al-Saghir

According to some scholars, this “defect” is the fact that the man is liable to be killed, and that intercourse is forbidden with the woman.

Despite the Hanafis linking apostasy to warfare — which might seem jurisprudentially enlightened — they also held that the period of repentance for male apostates, usually specified as three days, was merely recommended, and not mandatory. Effectively, this seems to have allowed for the extrajudicial killing of apostates before being allowed the chance to repent, while the killer was given a reduced punishment (or perhaps none at all):

مسألة: حكم مَن قَتَل مرتداً قبل استتابته أو جنى عليه

قل: ولا شيء على مَن قَتَلَ مرتداً قبل استتابته، أو قطع عضواً منه، لكنه يؤدب

وذلك لأن عصمة دمه زائلة بنفس الردة، ولكن الأحسن تقديم الاستتابة، والدعاء إلى الإسلام قبل قتله، فمَن قتله قبل ذلك: لم يكن عليه ضمان دمه، وكان مسيئاً في إقدامه، كمَن قتل حربياً قبل الدعاء الى الإسلام

There is nothing upon the person who kills an apostate before his repentance, or cuts a limb from him. But, he is chastised. This is because the protection of his blood is not permanent in a state of apostasy. But, it is best to present repentance to him, and call him to Islam before he is killed. But whoever kills him before that, there is no compensation for his blood. But, it is offensive, like killing the fighter before calling him to Islam.

— Ahmad ibn Ali al-Jassas (d. 370 AH/981 CE). Sharh Mukhtasar al-Tahawi fi al-Fiqh al-Hanafi, vol. 6, p. 138

فان لم يستتبه وقتله او قتله رجل غير الامام فلا شىء عليه فى ذلك لانه حلال الدم

If his repentance is not sought and he is killed, or if a man other than the Imam kills him, there is nothing upon him, because his blood is legal (halal).

— Ali ibn Hassan al-Sughdi (d. 461 AH/1068 CE). Al-Nutaf fi al-Fatawa

This also applies to female apostates:

فإنَ قتلَ المرتدة قاتلٌ وحي حرَّة، أو أمة فلا شيءَ عليه من دية، ولا قيمةٍ، ولكنَّا نكرهُ ذلك له، فإن رأى الإمامُ أن يؤدبه أدَّبه، وهو قولُ أبي حنيفة

If a female apostate is killed, a free or slave woman, there is nothing upon (the killer) in terms of blood money or compensation. But, we hate that. If the ruler (imam) wants he can chastise him severely. And this is the view of Abu Hanifa.

— Muhammad ibn al-Hassan al-Shaybani (d. 189 AH/804 CE). Kitab al-Athar

This was also the view of Sufyan al-Thawri, an early Muslim jurist who, it is reported like the Hanafis, also held that non-Muslim blasphemers were not to be killed:

عبد الرزاق عن الثوري قال إذا قطع السارق وقتل الزاني قبل أن يبلغه السلطان فعليه القصاص وليس على السارق والزاني غير ذلك لأن الذي عليهما قد أخذ منهما وإذا قتل المرتد قبل أن يرفعه إلى السلطان فليس على قاتله شيء

If someone cuts the hand of a thief, or kills an adulterer before it reaches the sultan, then he is liable for retribution…but if he kills an apostate before he is brought to the sultan, there is nothing upon the killer.

— Abd al-Razzaq al-Sanani (d. 211 AH/826 CE). Al-Musannaf

Although, it is mentioned in other Hanafi works that if carried out before being presented to the authorities, the killer would need to have “very good evidence” to show. Despite the reasoning for punishing apostasy clearly being conceived as related to war, the Hanafis still envisioned punishment for female apostates, and a general lack of religious freedom. However, the correlations with a state of war are undeniable.

Jurists worked within a theoretical framework in which humans were mainly divided into three spheres: Muslims (ideally living in the Islamic state); those in a real or theoretical state of war with Muslims (ahl al-harb); and non-Muslims who submitted to the state (ahl al-dhimma). Discussions of apostasy are imbued with this outlook, which is not applicable today. Moreover, the Hanafis relied largely on juristic tools such as qiyas and istihsan to come to many of their conclusions. For instance, the 39 lashes per day is simply the maximum amount possible for a tazir punishment. Even jailing for female apostates seems to be a juristic derivation, based on analogy of capturing unbelieving women during a state of war:

فلا تقتل في الكفر الأصلي ولا في الكفر الطارئ ولكنها تحبس فالحبس مشروع في حقها في الكفر الأصلي فإنها تسترق والاسترقاق حبس نفسها عنها ثم الحبس مشروع في حق كل من رجع عما أقربه كما في سائر الحقوق

Jailing is licit for original unbelieving woman (in a state of war), for she is enslaved, and enslavement is imprisonment of herself. So, imprisonment is licit…

— Muhammad ibn Ahmad Al-Sarakhsi (d. 490 AH/1096 CE). Al-Mabsut

Jurisprudentially, these juristic derivations are not binding, and do not hold the same weight — the overall reasoning about war would thus take precedence over any of the details.

To buttress this perception, treatments of apostasy in Hanafi works are found in Kitab al-Siyar, synonymous with jihad, rather than in Kitab al-Hudud. This is also why the main textual proof the Hanafis rely upon is the hadith that the Prophet, “Forbade the killing of women.” However, women are liable to be killed for hadd crimes, such as adultery. This shows that the Hanafis envisioned apostasy as something heavily linked to war — where the killing of women was forbidden — rather than as a formal hadd offense within a normative state structure:

ولا تقتل المرتدة، ولكنها تحبس أبدا حتى تسلم. بلغنا عن ابن عباس رضي الله عنهماأنه قال: إذا ارتدت المرأة عن الإسلام حبست ولم تقتل وبلغنا عن رسول الله صلى الله عليه وسلم أنه نهى عن قتل نسـاء المشركين فى الحرب فأدرأ القتل عنها بهذا

The female apostate is not killed, but she is imprisoned forever until she submits to Islam. It has reached us from Ibn Abbas that he said, “If a woman apostatizes from Islam, she is jailed, and not killed.” It has reached us from the Prophet that he forbade the killing of polytheist women in war, so killing is averted from her due to this.

— Muhammad ibn al-Hassan al-Shaybani (d. 189 AH/804 CE). Siyar al-Saghir

Despite this reasoning, however, some Hanafi authors do not seem to have taken it to its logical conclusions. For instance, other groups who it is prohibited to kill during war — such as elderly men and monks — are nonetheless still liable to be killed for apostasy:

وكذلك الشيوخ وأصحاب الصوامع والرهبان يقتلون بعد الردة

Old men, monks, and priests, they are killed after apostasy.

— Muhammad ibn Ahmad Al-Sarakhsi (d. 490 AH/1096 CE). Al-Mabsut

This is not to mention the treatment of child apostates, who are also “coerced to Islam,” in the same language as used with women. Shockingly, this extends to two generations of children:

وإن ارتد الزوجان، ولحقا بدار الحرب، فحملت المرأةُ في دار الحرب أو غيرها، وولدت، وولد لولدِها ولد، وَظُهِرَ على الجميع، فالولدان فيء، ويُجبر الأولُ على الإسلام، ولا يُجبر الثاني، ويُجبر الزوج على الإسلام، ويقتل، وتكون المرأة أمةً تُجبر ولا تُقتل

If a husband and wife apostatize and are then captured in the land of war — and the wife had given birth in the land of war, or elsewhere — and then the child had children, then the first (child) is coerced to Islam, and the second (the grandchild) is not. And the husband is coerced to Islam, and killed. And the woman becomes a slave, and is coerced, and not killed.

— Ahmad ibn Mahmud al-Ghaznawi (d. 593 AH/1196 CE). Al-Hawi al-Qudsi fi Furu al-Fiqh al-Hanafi, vol. 2, p. 454

Many Islamic fiqh works mention the reality of apostates fleeing to the “land of war” (dar al-harb) — simply meaning, to non-Muslim states. Having to flee to a new country, especially with a family, to practice your religion is a horrible and sobering reality. Not to mention the real, or theoretical treatment then accorded to those who had escaped, in the eventuality that they would be conquered by a Muslim army. It is very clear that some scholarly treatments envision no freedom, and no escape from Islam. For the sake of those who might have suffered in this way, I hope this analysis does not do wrong by them.

However, outside Hanafi legal theory, there are reports from early Islamic history where apostates were not killed — again, from the example of Umayyad caliph Umar ibn Abd al-Aziz:

أخبرنا عبد الرزاق عن معمر قال أخبرني قوم من أهل الجزيرة أن قوما أسلموا ثم لم يمكثوا إلا قليلا حتى ارتدوا فكتب فيهم ميمون بن مهران إلى عمر بن عبد العزيز فكتب إليه عمر أن رد عليهم الجزية ودعهم

A group of people accepted Islam, but they did not (stay Muslim) for long, until they apostatized. Maymun ibn Mihran wrote to Umar ibn Abd al-Aziz about that, so he wrote to him that they should be returned to a state of jizya, and left alone.

— Abd al-Razzaq al-Sanani (d. 211 AH/826 CE). Al-Musannaf

This was also done in the case of a man who converted to Islam and apostatized, but was found to be ignorant of Islamic tenets:

أخبرنا عبد الرزاق عن معمر عن سماك بن الفضل أن عروة كتب إلى عمر بن عبد العزيز في رجل أسلم ثم ارتد فكتب إليه عمر أن سله عن شرائع الإسلام فإن كان قد عرفها فاعرض عليه الإسلام فإن أبى فاضرب عنقه وإن كان لم يعرفها فغلظ الجزية ودعه

Umar ibn Abd al Aziz was written to about the man who becomes Muslim, then apostatizes. He wrote back, “Present to him the tenets of Islam. If he understands them, then present Islam to him. If he refuses, then strike his neck. But, if he did not know them, then reimpose the jizya and leave him alone.”

— Abd al-Razzaq al-Sanani (d. 211 AH/826 CE). Al-Musannaf

The issue of jizya — traditionally taken only from men — remains a theoretical impediment to constructing a framework for tolerance within a scholastic Islamic worldview. While the jizya was re-imposed by Umar ibn Abd al-Aziz, most scholarly treatments consider it impossible to accept jizya from a male apostate, therefore making “peaceful apostasy” theoretically difficult. Meaning, if an apostate joins a religious community under Muslim rule, that his status cannot be transferred to that of a dhimmi. Rather, he is like the “polytheist Arab” who must submit to Islam, or be killed — jizya not being an option. Scholarly treatments do consider the possibility of peaceful apostasy — those apostates who sought the covenant of protection from the Muslim state, simply with an altered religious status.

وإذا طلب المرتدون أن يجعلوا ذمة للمسلمين لم يفعل ذلك؛ لأنّ الكفر من المرتد أغلط من كفر مشركي العرب، ولم يقبل من مشركي العرب الذمة فكذا هنا، فإن طلبوا الموادعة لينظروا في أمرهم، فلا بأس به إن خيراً للمسلمين، ولم يكن للمسلمين لهم طاقة، فإن كانوا يطيقونهم، والحرب خيراً لهم في الموادعة يأخذوهم كما في أهل الحرب

If a group of apostates seeks the protection (dhimma) of the Muslims, that is not done. Because the unbelief of the apostate is more erroneous than the unbelief of the Arab polytheist. And the dhimma is not accepted from the Arab polytheist, so the same here. But if they seek tranquility to consider their affairs, there is no harm if it is good for the Muslims, and the Muslims have no power over them. But if they have power, and seek war during this time of tranquility, then seize them like (any other) war makers.

Gubiš se totalno a stavove mijenjaš kao pravi suncokret. Jedan dan te kjafirski prevodi kurana ne zanimaju da bi sutradan (kao i inače) smarao ljude c/p citatima. No hajde, na istoku ništa novo.

Nego, imaju li kakve upute o dobnoj granici za ženidbu i spolne odnose?

Prosidba po muslimanski.

Hrabri Zaim Krdžalija iz Gluhe Bukovice zaprosio Aišu Đuveć

Naime, Zaim je, nakon učenja dove kod Šehidskog mezarja kod Elči Ibrahim-pašine medrese uz tekbiranje mase dao svoj amanet Aiši a ona je rekla sudbonosno da.
Čestitamo mladencima.

Bolje takva manifestacija nego ovakva u kršćanskoj Europi na otvaranju tunela Gotthard:

https://www.youtube.com/watch?v=xz9g51PR8Hs

Samo sto su to ocigledno satanisti a ne krscani, i Merkelica je bila nazocna, naravno, majka svih islamskih migranata - ocigledno takodjer satanisticke orijentacije.

Đes Nermine, nije te bilo neko vrijeme?

Zaheban Nermin. Ili bar misli da je. Budući bombaš po Jadranu, samo se prilike trebaju posložiti.

Ne možeš stalno biti na forumu, treba netko i raditi za prosperitet naše dvije domovine.

Sasvim slucajno u islamskoj zemlji Maleziji: http://metro.co.uk/2016/04/26/alarm-as- ... n-5843022/

Evo jedna za ove šizofrene, da se smire.

Najuzvišeniji citat iz Kurana, Ajetul-Kursi.



Šejh Mustafa Cajlakovic- Ajetul Kjursija

https://www.youtube.com/watch?v=cxqaFQ_d70Q

Ja postavljam pitanja o fikhu i šerijatu kao i mezhebima, mene rasprava ne zanima.

A zašto svi moraju klećati kao vizezovi pred kraljicama koje pripada dobu srednjeg vijeka.
Znamo svi da su tako kršteni u ime Oca Sina i Duha svetoga vitezovi.
Religion: Kneeling is appropriate during prayers and other religious ceremonies, including wedding vows for some faiths. Kneeling is also done to genuflect when entering a church or temple. When proposing, kneeling can have the same spiritual connotation and can be seen as a sign of respect.
Royalty: Knights kneel while being awarded honors from kings and queens. This can hold true for a proposal of marriage and can be seen as an honor.
Surrender: Bowing in supplication before a victorious enemy is typically seen as a gesture of surrender. When proposing, a couple commits to one another and surrenders oneself to being part of a couple.
Regardless of the origin, the idea of asking for a loved one's hand in marriage while partially kneeling is a highly symbolic gesture embodying the very essence of committing one's life to another. The ideas of goodwill, honor, and trust in that one person is opening themselves completely to another without shame or any physical defenses.

The practical reason behind a bent knee proposal is that it puts the engagement ring in an elevated position between the couple, letting the light hit it clearly without being blocked by both individuals. This highlights the glitter of the ring as well as emphasizing the strength of the commitment.

Muslimanu je dozvoljeno samo padati na koljena Bogu.

Kršćani su svoju religiju izgubili na taj način što su htjeli da je bacaju u marketing. I danas imamo nemamo Božića.

Gubiš se totalno a stavove mijenjaš kao pravi suncokret. Jedan dan te kjafirski prevodi kurana ne zanimaju da bi sutradan (kao i inače) smarao ljude c/p citatima. No hajde, na istoku ništa novo.

Nego, imaju li kakve upute o dobnoj granici za ženidbu i spolne odnose?

tekbir
Allah ekber

Ne postoje kjafirski prevodi Kur'ana što si tako glup.
Ja govorim da se neću baviti religijom kao što sam se bavio, a ko si ti da ja se tebi pravdam?

"The man can’t have sex or more precisely, intercourse unless he has the physiological urge for it, because otherwise he will not have erection. This is not the case for women. However, The man is required to satisfy his wife’s needs, and he may be given an ultimatum to do that or divorce her. She is even required to ask for separation if she fears that she is not satisfied and prone to sin.
The man is obliged to spend on his wife, but the opposite is not true. This is also true for the man’s female relatives. The woman, therefore, may take from her husband’s money if he is stingy without his permission, but the opposite is not true. (Should men cry injustice because of that?)
The Muslim woman is not obliged to serve her husband’s family. In fact, according to the majority of the earlier scholars she is not even obliged to serve her husband. Many people walked away from this opinion because they felt it would be unfair to ask the man to work outside and inside and the woman doesn’t have to do either. In recent times, some Muslim men are unfair to their working wives because they expect them to share the work outside and do all of it inside. That has nothing to do with Islam.
As for the woman taking her husband’s permission to visit her parents that is part of good companionship and it is natural to seek permission from the one who is responsible for the safety, welfare and wellbeing of the household. However, the husband is not permitted to prevent her from visiting her kin, nor can he prevent her first degree relatives from visiting her unless there is a reasonably verifiable harm from such visits.
As for the sexual needs of the man and woman, it is quite natural that the emphasis was placed on forbidding women from rejecting their husband’s request to have sex for the following reasons:
o Usually, it is the man who seeks his wife more than the opposite, so it was natural to remind the sought after to not refuse the seeker’s invitation, not vice versa. This is like reminding the children to be kind to their parents more than the opposite way, because it is natural that the parents will show kindness to their children.
"o The refusal of the woman to have sex with her husband will result in infidelity which she herself will be the first sufferer of its consequences.
After all, the woman who refuses her husband’s invitation because of any valid reason, whether physical or psychological is not blameworthy in the sight of God.

As for punishments, the women do punish their husbands by many means that they were given, and they know best, which are not necessarily like the men’s and are not necessarily haram. They are fully entitled to exhorting their husbands and reminding them of Allah with all assertiveness appropriate for a woman. But, if you mean that she can’t discipline him by more punitive measures, then I wonder how you want the woman to punish her husband? Should there be a policeman in every home forcing the husband to listen to his wife? Should she beat him? Is this natural, or does it happen in reality. Do you see in the west men rushing to the emergency rooms because they were beaten by their wives? I see the opposite frequently. How could the family function as a unit if leadership will not be given to one person? Have you ever heard of a plane with two pilots or a ship with two captains? But since the woman will not be able to discipline her husband by more than advice and exhortation, and having family and imams and judges intervene on her behalf, what could she do if he doesn’t listen? Unlike other religions, the justice and mercy of Islam allowed women an exit out of a dysfunctional marriage as you can see here below? And that is the only reasonable and rational solution.
Regarding divorce:

The woman – unless specified as a prenuptial agreement – will need to seek divorce from a court not only because women are emotional – which they are[i] – but because of many other factors, including that the financial burden of marriage falls on the man, also, the woman is entitled to financial rights upon the man at divorce, but not the opposite. So it is unfair after he spends a great portion of his wealth or all of it to marry, that she can divorce him and look for another one and so on. If that is not what most of the women do, some may do that, and it can undermine the whole institution of marriage. That could lead to disinterest in marriage on the part of men. And if you live in the west, you know that the price paid because of that is paid mostly by women. It is the woman who is usually afraid of her boyfriend breaking up with her after many years of illegitimate relationship because her chances – as she gets older – of finding a suitor dwindle after every such separation, while he moves on to another one with considerable ease.
The idea of the woman being empowered by Islam to exit from a dysfunctional marriage is one of the greatest privileges Islam unprecedentedly gave to women, for in other religions divorce is not allowed, period, or only with extreme conditions. In fact, in my country of origin (Egypt) many Christian women married to Christian men converted to Islam only to get rid of their husbands.
In Islam, if the woman can prove that her husband mistreats her, she will earn divorce and keep all of her financial rights. That is in contrast to your notion that he can get away with nearly murder, which is a little shocking that you could think this way of God’s justice, and what adds to my shock is that there is no disagreement whatsoever that if one killed his wife he gets killed for her. Also, if he causes her infirmity or bodily harm, he gets punished for that with the regular qisaas rules applicable equally between all people regardless of their gender.
And if she couldn’t prove that he mistreats her, she still can ask for khul’. Where do you find that in other religions?
After divorce, custody of the children goes to the woman and then to female members of her family before the father and his family. While the kids are in her custody, the man is responsible to provide for them, which means be default provide for her as well, because he should afford them decent accommodation and living conditions.
As for men being discouraged from divorce, no one said they are not discouraged, but you have to remember that divorce for most men means huge financial burdens, so they are not inclined to it because of the economic factor. Despite that, here is some evidence that divorce is discouraged:
Al-Hakim reported that the Prophet (s) said: “When the devil wakes he then dispatches his soldiers and when they return to him he says to them, ‘Whoever misguided a Muslim today, I will crown him so one of them comes out and says, ‘I made him divorce his wife.’”

The other hadeeth says: “I made him mistreat his parents.” And the third one says: “I made him commit shirk.” (authenticated by Albani)[ii]

It is clear that the devil is intent on causing us to deviate and commit one of the above mistakes. To put divorce in the middle of this with mistreatment of the parents and shirk is quite telling.

Allah also discourages us from divorce in the Quran:

“And live with them (your spouses) in kindness. For if you dislike them, perhaps you dislike a thing and Allah makes therein much good.” (4:19)[iii]

Regarding the testimony:

The single woman’s testimony in certain issues counts alone, when two men are required for the validity of the testimony.
The testimony of a woman counts as half of that of men in matters of financial transactions because – amongst other reasons – they collectively have less experience in this field. In areas where they have more experience such as child birth, their testimony is taken over that of men as indicated here above.
Their testimony is fully taken whenever events take place within women gatherings.
To conclude, Allah says[iv]:

4/32. And wish not for the things in which Allâh has made some of you to excel others. For men there is reward for what they have earned, (and likewise) for women there is reward for what they have earned, and ask Allâh of His Bounty. Surely, Allâh is Ever All-Knower of everything.

And He says[v]:

33/36. It is not for a believer, man or woman, when Allâh and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allâh and His Messenger, he has indeed strayed into a plain error.

May Allah guide our hearts to full acceptance of his word and complete submission to his will.

Allah knows best.

[i] Equity between the genders which is established in Islam doesn’t mean they are similar and have the same roles, and subsequently the same rights and duties. That notion brought about grief to the western women and it constitutes one of the west’s falsest and most unfounded dogmas they deem above any discussion. And while they pride themselves on the following of science and reason, no one is allowed, even if he was the president of Harvard University to hint to possible inherent differences between the genders resulting in men’s better performance in science and math. As a father of three daughters and one son, I don’t want my daughters to be burdened with more than their capacity, but I equally want for them to be respected, appreciated for their contributions, protected, and honored. I believe that Islam does provide for them all of that.

Jesi se nažderao hrane. Sad te višak šećera puca.

Što se sa tobom događa, zašto se toliko gubiš? Naravno da postoje "kjafirski" prijevodi kurana na druge jezike, vidiš kako i ti sam to navodiš kada ti odgovara u nekoj besmislenoj raspravi.




Zaboli mene spolni organ čime ćeš se ti baviti ili nećeš, najbolje ti je da ideš vrcati med jer ti raspravljanje na internetu ne ide baš od ruke. Ako ćeš normalno komunicirati, super, samo naprijed, ako nećeš, odhebi u troskocima.

Ko kaže da se želim raspravljati o Islamu ja ovdje iznosim već raspravljenu stvar nema nikakve rasprave, tema jest Islam i ja se držim teme kao musliman jer bolje znam od kafira, kako kafir sebi dozvoljava da on nekog uči Islamu a ne zna šta znači ilm.

Da kjafirski prijevod Ku'rana i interpretacija Kur'ana ti si meni o fikhu i šerijatu replicirao sa prijevodom Kur'ana što nema smisla. Ovde se radi o idžtihadu hanefisjkog mezheba, onaj moj post na koji si ti naletio.

Vrati se na moj zadnji post i fino pročitaj dijelove koje sam quotao gdje sam sebi skačeš u usta.
Ja tebe nigdje nisam učio o islamu nego sam ti postavljao pitanja o proroku i pedofiliji. Kako je tebe očito stid direktno odgovoriti na pitanja (ne samo moja nego i od drugih forumaša koliko vidim), odlučio si zakopati škakljive dijelove teme postovima upućenim nekom svom imaginarnom sugovorniku.
Ovo nije tvoj osobni dnevnik nego forum i bilo bi super kada bi se ponašao u skladu sa tim.