Thursday, June 21, 2012

APOSTASY (MURTAD) IN ISLAM

APOSTASY IN ISLAM
Apostasy in language aspect is 'back and relapse’; while according Muslim law terminology was “people that had emerged from religion Islamic relapse becoming infidels" (book feqh syafiee volume 2 by ustaz H.Idris Ahmad S.H). Whereas in book feqh sunnah “apostasy are getting back its people Islamic intelligent and adults to kafiran with his requirement is own without compulsion from others"(feqh sunnah in apostasy chapter m / s 159).

Hasan al-basri, Imam Az-Zuhri, Imam Al-Awza'ie, Imam Al-Laith, Imam Ishak Rahuwiyyah and majority including three church except Hanafi)].,his evidence is:


1.  Story from Muadz and considered Hasan by Hafiz that Nabi Muhamad SAW when Muadz communicate to his Yemen advice: “Every man who acted apostasy then tells him; when it rejects to return more inside Islamic then cut his neck! Like that also every woman who acted apostasy then tells him, when it rejects to return into Islamic then cut his neck"(Feqh Sunnah m / s 167 apostasy chapter)


2. However according opinion from Imam Hanafi that woman apostasy no kill but only is poisoned and requested to return at Islamic.



APOSTASY PROVISO
1) Baliqh
Somebody no punished as apostasy if under age because imperfect his nature as Islamic.


2) Intelligent
Mind were prerequisite for someone bear duty responsibility Islamic law, if one imperfect his mind, it misses from bear responsibility.


3) Own choice
Somebody is calculating, as apostasy if it through his choice is own without others coercion.



APOSTASY TYPES
Apostasy falls into two kinds’ individual and apostasy collectively.
1) Apostasy individually
Apostasy by this individual happen brought one biased to property, women, rank and position. This incident can happen to anyone only when one does not own strong faith. This action of they know so raising danger on Muslim community. They will not be brave oppose Islamic openly because they still can be invited to return embrace Islam. Of those countries mould Muslim laws effectively, his government able to sentence punishment suitably to them.


2) Apostasy collectively
Apostasy collectively also was a group of people Islamic that had emerged from Islam because endangered with people not Islamic. This type apostasy is apostasy, which gives deadliest effect on Islamic safety community. Their main purpose would be to produce Islamic people of his religion and distance they of teachings Islamic and strive losing influence Islamic on people Islamic overall.



ROOTS OCCURRENCE OF APOSTASY
Roots which resulted somebody Islamic be apostasy are involving matter whether through faith, act and word.
1) Through faith
Between apostasies roots through faith were.
1. Doubtful or suspicion of Allah exist.
2. Doubtful or suspicion of prophet exist Muhammad s.a.w.
3. Doubtful of Al-Quran do it comes from Allah or design result Muhammad.
4. Doubtful of doomsday, heaven, hell, reward and sin.
5. Doubtful of Israk's event prophet from Masjidil Haram to Masjidil Aqsa.
6. Doubtful of scythe prophet’s miracle by mutawatir.
7. Believe that devoid Allah either compulsory nature that had ijmak for her such as knows.
8. Increase one nature to unfit Allah for His nutrient, such as massive.
9. Believe to Allah has outlawed legitimate matter like adultery, sodomy, kill people innocent and others.
10. Believe that Allah has outlawed legitimate matter such as trade and others.

2) Through act
Between apostasies roots through act were:
1. Bow to temple, sun, month or any masklike except when in state impel and emergency such as bow people Islamic captured to leader not Islam Harbi’s country infidel.
2. Work through without Allah but because something another from Him.
3. Give absolute obedience to apart from Allah without of His consent. Obedience are granted by Allah was obedience to His Prophet.
4. Judged with other than law that fixed by Allah because believe in that that law is unsuitable.
5. hate teaching  Islam or hate Islamic his total or hate Al Koran's sentence or essence a scythe hadith, even though it own practice its.


3) Through word
Between apostasies roots through word were:
1. Say:"If God order I to do the matter, I did not will be doing its."
2. Say:"if God tortures I because leave pray caused my state fakir or fall on disease, mean it have tyrannized I."
3. To tell a thing has happened:"this occurred not with fate from Allah,"
4. Say:"I free and beside the point with Allah,angel,Al-Quran,Syariah or Islamic.
5. Say:"I did not will be doing the matter even though it its sunnah," in order to bait its.

4) Lack of religious education
Lack of religious education also was the source occurrence of apostasy phenomenon. This is because many among people Islamic did not understood apostasy laws that had are decided by Allah on renegades. Fogginess occurring because they do not study religion Islamic, or learn its but less than to one upbringing level could form strong faith can defend oneself from influenced by people not Islam. If one understands of harmful apostasy and knows consideration, be accepting the next world later, as Allah had set those, one wills not apostasy although no work duty as an Islamic. This occurring because consideration of apostasy people was hell for good. Of persons Islamic, if they die in the event Islamic, finally they would enter heaven also after accept bad reaction due to sins that had they doing.


5) Desire
Apostasy also can occur because desire runaway. Desire can bring somebody especially people Islamic that does not strong his faith to lost. In the human self, they have a good and evil element. To steady towards which human tendency, his balance was mind take part with attempt. The emergence of sin and reward being follow with right answer and evil from Allah. Mind cannot become perfect determinant in purpose get real determination unless that mind enclose with perfect faith.


6) Life pressures
Also likely life pressure wills even heading towards one to apostasy. History has shown that war in one country, whether war which occurred in local or war with outside countries, such as with neighboring country, could cause loss people moral, self-esteem and personal. Prolonged war baneful does not end. From the information, the citizen easy to thinks about religion. What they think is about personal safety. In which case that way appearance, active religion promoter shelf infiltrated into and take children loss of guardian, or treat those injured, also to give help those who hunger. This would facilitate religion promoter shelf to captivating they.


7) Friend relationship
In certain circumstances, friends also can affect somebody faith hold. One who had no religious education enough and do not own strong faith can be deflect caused by relationship with friends which not religious Islamic especially those religious Christian. In relation such, they mutually help; embosom all feel those pent up and problem face. From another angle, due to from close friendship, one side directly and indirect will affect different sides. Weak side would bow follow strong party because the strong party regarded as a miraculous model.



APOSTASY EFFECT
When somebody change his faith whether from religion Islamic to religion not Islamic or somebody non-Muslims change to trust religion Islamic has several implication from family ties aspect, household wedding knot and property.
1) Family ties
From family ties aspect, religious difference could cause severed off its relational “al-wala". This is because people Islamic that was "Awliya" among they on responsibility help between one it like Allah s.w.t decree which means: "And faithful scarecrow, men and woman, partly become assistant of another part."

2) Bond wedding knot
In wedding knot relationship household, designer needs to be separate. Husband and wife ' relationship decided with court decision. This show that Muslims could not is inside infidel responsibility.

3) Property
Through Islamic law allocation, judge should order all property obtained by apostasy people before or after he commits the apostasy offence confiscated and commended to Baitulmal and be Baitulmal's title. If one who repent after doing apostasy offence before or after sentenced to death, but the sentence not been implemented yet on its, judge should free it is from punishment murder and his property sentenced confiscate the off again and need to be returned to him. Apart from that, lieu to sentence murder just now, those people repent the need to given sentence ta'zir.



SENTENCE UPPER APOSTASY PEOPLE
Law on apostasy
There are several problems on suitable apostasy law with certain terms as follows:


Apostasy law of Madman
When one who the apostasy is mad without optimistic to recovered, it is not may be receiving any punishment. As such, it free from apostasy's punishment when it to do apostasy offence. Whereas for one whom the apostasy is mad while in particular time affords realizes act carried out it has, thus it imposed apostasy's punishment when to do apostasy offence in his aware time.


Apostasy law to children
Consideration there were some in prescribe whether a those children will punished as apostasy or no. a child purportedly as human not yet capable distinguish which good and which bad (mumayyiz), it means it not yet capable use mind. Thus, it will free from apostasy's punishment when to do apostasy offence.


Apostasy law of drunken people
Imam Syafi'i's and Imam Ahmad r.a thinks that who drunk then do the act converge to atheist, then fall apostasy law on his self.
Different also with Imam Abu Hanifah's opinion, which said that still groggy people, unimpeded apostasy law. Its remark and act converge towards atheist no bring upon it is into apostasy group.



SENTENCE ON APOSTASY PEOPLE
Allah s.w.t decree, which means:
“And anyone among you apostasy (betray) of his religion (Islamic), past it dies on it fixed infidel, then those persons that damaged destroy his enterprise (which good) in the world and afterworld, and they will be are hell member, remain they in hell (forever)."
Al-Baqarah : 217


Sentence there were some to persons who did apostasy offence follow offence state. It divided to treble portion namely original sentence, spare and sentence incidental.


Original sentence
Original sentence to persons who did apostasy offence was sentence murder based on Prophet s.a.w decree:
"Anyone who change his religion (Islamic), then kill him."


The opinion from theologian's words (Jumhur Ulama’) that sentence murder imposed to all offender whether men or woman. Imam Abu Hanifah say that sentence murder the just limited to men offenders. While woman offender no may be punished even forced to return Islamic with locked up and discharged in everyday to request repent and am being explained to him of Islamic up to her repents again.
Opinion this is predicated argument that Prophet s.a.w which barred action to kill the infidel woman in war. If woman infidel even not allowed murder, it has let alone infidel’s woman already hugged Islamic.

Spare Sentence
If inside sentence certain condition original namely murder cannot be carry out, as such sentence replace displace inside state as follows:
     If original sentence drop of apostasy with the renegades reason already repented, as such qadi can replace it with fair sentence with that offender state such as jail sentence, given warning etc, theologian habit motivate to be giving fairly heavy sentence to offenders often do apostasy offence although then repent. Similarly theologian part motivate to opinion to forgive only those people to do apostasy offence make to the first multiply except renegades because abuse Prophet s.a.w.
    If drop original sentence because there are ambiguity such as Imam Abu Hanifah omits death sentence on woman apostasy and children. From to that original sentence, woman and children who apostasy imposed jail term of to repent and to return Islamic.

Incidental sentence
Incidental sentence also is sentence other than death sentence namely; apostasy offence could affect property, title and marriage position.



PEOPLE DUTY APOSTASY
1) Quick to return to Islamic
when one feel that his self has been apostate or exited from limit Islamic, then should he quick to return to lap Islamic by way repent and utter two Muslim articles of faith. His purpose is as absolute statement to persons produce Islamic because with utter two Muslim articles of faith, his self has having witnesses that no God apart from Allah and Muhammad Allah messenger. Due to this, he was ready stay under His patronage, carries out all order, and distances all His prohibition. If the matter carried out serious, then he had committed repentance Nasuha.


2) Losing apostasy
Those people doing wrong also compulsory losing apostasy namely give up and shy away from everything who can make his self fallen down into apostasy phenomenon whether in his faith, its act or speech. After that, all verbs would be made should screened with faith as self guard. As such, he would his self-constant surveillance not to fallen down more into apostasy phenomenon. If matter this was done mean his self is aware and want to return road yours sincerely.

3) Regret apostasy
Regret his apostasy mean sad feeling and strive to keep away from what done. If he states repent to Allah but he do not regret wickedness carried out its, liable he will repeat the act of its. This name game repentance just like regard as lies Allah.


4) Strengthen resolve in heart did not repeat its more
Apart from that, those people to do apostasy offence also need resolve to do not repeat same act namely, act who can ensnare it is into apostasy valley. It is important carried out for care his faith not to corrupted by apostasy virus. If his self fallen down into apostasy valley for a second time, mean his repentance is just useless.


5) Repeat Islamic duty
Those people to do apostasy offence should repeat all obligations dumped during his apostasy such as pray, fast and zakat. different also with natural infidel which previously have never known laws Islamic and duties should be run as people Islamic, whereas apostasy people are people already know its but he betrays religion Islamic law and blind instinct it’s on true path which indicated by Allah.


6) Claimed repent
The obligatory will demand renegades so that repent. That claim committed if he did not quickly repent on his requirement is own direct do the act, which made its apostasy. if he stones, then circumcised postpone that claim up to his self is aware or if he mad, postponed claim repent up to his self back conscious.

CONCLUSION
Apostasy phenomenon can give implication looming especially of family ties aspect, household wedding knot and property. Most worrying, this apostasy symptom has brought to contempt on Islamic religion further bring large and negative implication especially on Muslim community in Malaysia.

REFERENCES
}  Surah al imran : 185
}  Surah al baqarah : 120
}  feqh sunnah in apostasy chapter m / s 159).
}  Feqh Sunnah m / s 167 apostasy chapter
}  Yayasan (PEKIDA) Malaysia
}  Perlembagaan Persekutuan, Petaling Jaya: International Law Book Services
}  Theses Fairuz binti Pauzi (Diploma Pengajian Islam) –Selangor International Islamic college-

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