The Salman Rushdie Issue:
A Synthesis of the Islamic Law of Blasphemy/Apostasy
n the Context of Canadian Multiculturalism
 

by Syed Mumtaz Ali

Introduction

An e-mail communication by a visitor to our website made us aware, once again, of the need to make available reliable information on those particular provisions of Muslim Law which so often shock a casual, uninformed non-Muslim observer, who is particularly accustomed to a 'Western'/secular way of thinking. Consequently the derogatory epithets emanating from such people seem to acquire a life and a currency of their own. Such reactions in their turn, seem to shock and baffle the Muslims out of their wits too! Yet, in some vague fashion, both parties seem also to realize that their relative sets of basic values, fundamental principles and concepts and inherent philosophies are different in so many ways. Both parties are also likely to realize more often than not that their respective positions make sense in the context of their own circumstances. No doubt both are appreciative of the realities of life that the world has shrunk and changed so much that there is no practical alternative but to live and let others live side by side. Tolerance and co-existence is no longer a matter of choice in this nuclear age. Genuine, real tolerance is not an option anymore. Instead it has now become an imperative that cannot be ignored. Therefore, it is incumbent on both sides to make sincere efforts to demolish the barriers of mutual discontent and mutual ignorance. No doubt the knowledge vacuum has to be eliminated, but how does one go about filling in this vacuum? Philosophical discourses, academic presentations and high-brow elitist approaches do have their own roles to play in their own limited spheres, but it is the need of the man on the street which must be given top priority. This need can only be fulfilled by providing reliable information and knowledge in a simple yet sophisticated manner to satisfy the wide spectrum of the grasp of the average man. In faithful pursuit of its mandate, the Canadian Society of Muslims is trying to do just that despite our own limitations of resources.

Our modest effort in this respect is mainly meant to assist the non-Muslim, Western, secular man on the street, in an unbiased understanding of Islamic teachings. We felt that there was no point in resorting to the archaic language or the detailed scholarly discussions and the academic texts of the usual classical legal compendiums such as Fatawa Alamgiri, Hidaya, Kifaya, Dural Mukhtar, Radd al-Muhtar, Quaduri, etc. We have therefore tried to use simple dictionaries and other not-so-difficult English books which are readily available in Western countries and easy to understand without getting into too much detail of an academic nature.

We are obliged to our thoughtful correspondent for pinpointing the need for information on the Islamic Law of Blasphemy and Apostasy. We have tried to cover almost all the points of his letter which in effect are used as our parameters for discussion of the subject matter.

The following definitions are important for our discussion:

Blasphemy - "(Kufr) 'to hide' (the truth).

It includes a denial of any of the essential principles of Islam.

A Muslim convicted of blasphemy is sentenced to death in Muhammadan countries."

According to Webster's Dictionary(2)" contemptuous and irreverent speech about God or kings regarded as sacred."

Apostasy - "According to Muslim Law, a male apostate, or murtadd, is liable to be put to death if he continue obstinate in his error; a female apostate is not subject to capital punishment, but she may be kept in confinement until she recant. If either the husband or the wife apostatize from the faith of Islam, a divorce takes place ipso facto; the wife is entitled to her whole dower, but no sentence of divorce is necessary. If the husband and wife both apostatize together, their marriage is generally allowed to continue, although Imam Zufar says if either husband or wife were singly to return to Islam, then the marriage would be dissolved.

According to Abu Hanifah, a male apostate is disabled from selling or otherwise disposing of his property. But Abu Yusuf and Imam Muhammad differ from their master on this point, and consider a male apostate to be as competent to exercise every right as if he were still in the faith.

If a boy under age apostatize, he is not to be put to death, but to be imprisoned until he come to full age, when, if he continues in the state of unbelief, he must be put to death. Neither lunatics nor drunkards are held to be responsible for their apostasy from Islam. If a person upon compulsion became an apostate, his wife is not divorced, nor are his lands forfeited. If a person become a Mussulman [i.e. Muslim] upon compulsion, and afterwards apostatize, he is not to be put to death.

The will of a male apostate is not valid, but that of a female apostate is valid.

Ikrimah relates that some apostates were brought to the Khalifa Ali, and he burnt them alive; but Ibn Abbas heard of it and said that the Khalifa had not acted rightly, for the Prophet had said "Punish not with God's punishment (i.e., fire), but whosoever changes his religion, kill him with the sword."

Apostasy - Returning to Webster's dictionary this time for a definition of Apostasy and Treason: - "the public abandoning of a religious faith, esp. Christianity, for another; a similar abandonment of a doctrine or party." 'Treason is' defined: "not only as an attempt to overthrow by illegal means, the government to which a person owes allegiance, the act or attempted act of working for the enemies of the State, and attempt to kill or injure the sovereign, but also betrayal of trust, disloyalty (to a cause, friend, etc.)."

1. T.P. Hughes, Dictionary of Islam, Lahore, Pakistan, Premier Book House.

2. The New Lexicon Webster's Encyclopaedic Dictionary of the English Language, Canadian Edition, New York, Lexicon Publications Inc., 1972.