PRINCIPLES FOR INTERRELIGIOUS DIALOGUE.pdf - CUEA

traditional theologians, in their elaboration, rely on the one hand on
the precedent of the first caliph of Islam, Abu-Bakr (632-634), who
energetically fought the tribes who rejected his authority after the
Prophet’s death and refused to pay him the alms taxes, likening their
rebellion to apostasy. On the other hand they mainly put forward the
authority of this Hadith: “Anyone who changes his religion must be
put to death” (Bukhari, IX, 19 etc.).
I do not know, throughout the history of Islam, of any application of
the law condemning the apostate to death. This law is mostly
theoretical. But it is not useless to draw attention to the fact that
during the seventies in Egypt, the Islamists narrowly failed in
enforcing this law against the Copts who, without due consideration,
were converted to Islam, generally to marry Muslim girls, and who,
after the failure of their marriage, returned to their former religion.
Recently too some Tunisian atheists expressed their concern.
So the case of the apostate in Islam, though mostly theoretical, needs
to be clarified. Let us first point out the fact that the Hadith, upon
which essentially the penalty of death relies, is always more or less
mixed, in traditional writings, with rebellion and highway robbery. The
cases quoted of “apostates” killed, during the Prophet’s life or shortly
after his death, are all without exception those of persons who, as
consequence of their “apostasy”, turned their weapons against the
Muslims, whose community was at that time still small and
vulnerable. The penalty of death appears in these circumstances as
an act of self-defense in a war situation. It is undoubtedly for that
reason that the Hanafi School of fiqh does not condemn to death the
woman apostate, “because women, contrary to men, are not fit for
war”.
On the other hand the Hadith authorizing the penalty of death is not,
technically mutawâtir, and consequently, according to the traditional
system of Hadith, is not binding. Above all, from a modern point of
view, this Hadith can and must be questioned. In my opinion we have
many good reasons to consider it as undoubtedly forged. It may have
been forged under the influence of Leviticus 24:16 and Deuteronomy
13:2-10 — where it is ordered to stone the apostate to death — if not
directly, then perhaps through the Jews and Christians converted to
Islam.
Created by DEAN-FASSFrederic Ntedika Mvumbi, OP
Page 32 of 37