Why is there a death penalty for leaving Islam and mocking Deen?

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. 

In the Name of Allah, the Most Gracious, the Most Merciful.

You referred to the death penalty for a person who leaves the fold of Islam and a person who insults Islam. This makes Islam look like a barbaric religion. At the onset, we would like to point out that Islam has emphasised on the sanctity of lives.

Allah says: 

(32:5) مَن قَتَلَ نَفۡسَۢا بِغَیۡرِ نَفۡسٍ أَوۡ فَسَادࣲ فِی ٱلۡأَرۡضِ فَكَأَنَّمَا قَتَلَ ٱلنَّاسَ جَمِیعࣰا وَمَنۡ أَحۡیَاهَا فَكَأَنَّمَاۤ أَحۡیَا ٱلنَّاسَ جَمِیعࣰاۚ

Translation:

“Whoever kills a soul unless for a soul or for corruption [done] in the land – it is as if he had slain mankind entirely. And whoever saves one – it is as if he had saved mankind entirely.”

During the farewell Hajj, Rasulullah Sallallahu Alaihi Wa Sallam said:

إِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ [ وَأَعْرَاضَكُمْ ] عَلَيْكُمْ حَرَامٌ, كَحُرْمَةِ يَوْمِكُمْ هَذَا، فِي بَلَدِكُمْ هَذَا، فِي شَهْرِكُمْ هَذَا

Translation:

"Your blood and your property and your honour are forbidden for you to violate, like the sacredness of this day of yours, in this month of yours, in this city of yours."[1] 

Furthermore, besides life, every part of the body of a human being is sacred. If someone attacks or wounds another person and if it is regarded as a criminal act, then the perpetrator will have to compensate for the damaged caused to the victim. The details of such compensations are discussed in detail in the books of Fiqh.

These laws clearly demonstrates the sanctity of life/body of a person in Islam. 

However, in Islam, it is permissible and in fact compulsory to take the life of a person on three occasions; Rasulullah Sallallahu Alaihi Wa Sallim is recorded to have said: 

لا يَحِلُّ دَمُ امْرِئٍ مُسْلِمٍ، يَشْهَدُ أنْ لا إلَهَ إلّا اللَّهُ وأَنِّي رَسولُ اللهِ، إلّا بإحْدى ثَلاثٍ: الثَّيِّبُ الزّانِي، والنَّفْسُ بالنَّفْسِ، والتّارِكُ لِدِينِهِ المُفارِقُ لِلْجَماعَةِ

Translation:

“It is not permissible to spill the blood of a Muslim except in three [instances]: the married person who commits adultery, a life for a life, and the one who forsakes his religion and separates from the community (Islam).”

The above Hadith explains the three instances in which a life is taken;

The first being that of a married person who commits adultery. Islam is a religion of morals and ethics. There is no place for immorality in Islam. Therefore, any person who commits such a despicable act in Islam will face the punishment of Rajm (Stoning to death).

The second instance is that of a person who unlawfully takes the life of another. Islam does not tolerate unlawful bloodshed to such an extent that if a non-Muslim who is living under Muslim rule is killed unlawfully by a Muslim, the Muslim’s life will be taken in retribution. 

The third is apostasy. Anyone who leaves the fold of Islam shall face the death penalty. 

It should also be understood that when a person is charged with apostasy, the State is responsible to remove his misunderstandings of Islam by offering him the counsel of learned people. If he will persist on apostasy, then he himself risks the loss of his life.

The punishment of apostasy in using the death penalty is not difficult to understand. Presently, there are almost 60 countries that execute the death penalty for various reasons. Some of these countries are:

• The United States of America
• China
• Japan
• Taiwan
• Thailand
• Jamaica
• India

If death is the consequence, rightfully or wrongfully for rebelling against man made laws, then rebellion against Allah is most certainly and rightfully deserving of death. Allah created life to recognise Him and worship Him. 

Can there be any crime greater than killing one’s belief in disbelieving in the Existence and Oneness of Allah and His laws? The person committing apostasy is in fact barbaric and ungrateful to Allah. 

And Allah Ta’ala Knows Best

Asadullah Moolla

Student Darul Iftaa
Devon, South Africa 

Checked and Approved by, 
Mufti Ebrahim Desai.

(2021-06-28)