Punishment of those who Insult Prophet Muhammad (SAW)
In Islamic literature, blasphemy is of many types, and there are many different words for it: sabb (insult) and shatm (abuse, vilification), takdhib or tajdif (denial), iftira (concoction), la`n or la'ana (curse) and ta`n (accuse, defame).[13] In Islamic literature, the term "blasphemy" sometimes also overlaps with kufr ("unbelief"), fisq (depravity), isa'ah (insult), and ridda (apostasy).[14][2]
Quran[edit]
A number of verses in the Qur'an have been interpreted as relating to blasphemy. In these verses God admonishes those who commit blasphemy. Some verses are cited as evidence that the Qur'an does not prescribe punishments for blasphemy,[15] while other verses are cited as evidence that it does.
The only verse that directly mentions blasphemy (sabb) is Q6:108.[6] The verse calls on Muslims to not blaspheme against deities of other religions', lest people of that religion retaliate by blaspheming against Allah.[6]
Verse 5:33 prescribes prison or mutilation or death for those "who wage war against Allah and His Messenger".[6] Even though the verse doesn't mention blasphemy (sabb), some commentators have used to justify punishments for blasphemy.[6][17] Other commentators believe this verse only applies to those who commit crimes against human life and property.[18]
33:57–61 have also been used by some commentators to justify blasphemy punishments.[19][20] However, other scholars opined that verses 33:57–61 could only have been acted upon during the life of the prophet and since the demise of Muhammad they are no longer applicable.[6]
Other passages are not related to any earthly punishment for blasphemy, but prescribe Muslims to not "sit with" those who mock the religion[21][22] – although the latter are admonishments directed towards a witness of blasphemy rather than the guilty of blasphemy:
According to Shemeem Burney Abbas, the Qur'an mentions many examples of disbelievers ridiculing and mocking Muhammad, but never commands him to punish those who mocked him. Instead, the Qur'an asks Muhammad to leave the punishment of blasphemy to God, and that there would be justice in the afterlife.[15]
Hadiths[edit]
According to several hadiths, Muhammad ordered a number of enemies executed "in the hours after Mecca's fall". One of those who was killed was Ka'b ibn al-Ashraf, because he had insulted Muhammad.[23]
A variety of punishments, including death, have been instituted in Islamic jurisprudence that draw their sources from hadith literature.[6][18] Sources in hadith literature allege that Muhammad ordered the execution of Ka'b ibn al-Ashraf.[23] After the Battle of Badr, Ka'b had incited the Quraysh against Muhammad, and also urged them to seek vengeance against Muslims. Another person executed was Abu Rafi', who had actively propagandized against Muslims immediately before the Battle of Ahzab. Both of these men were guilty of insulting Muhammad, and both were guilty of inciting violence. While some[who?] have explained that these two men were executed for blaspheming against Muhammad, an alternative explanation[according to whom?] is that they were executed for treason and causing disorder (fasad) in society.[6]
Muhammad declared that there shall be no punishment for murdering anyone who disparages, abuses or insults him (tashtimu, sabb al rasool).[6] One hadith[24][6] tells of a man who killed his pregnant slave because she persisted in insulting Muhammad. Upon hearing this, Muhammad is reported to have exclaimed: "Do you not bear witness that her blood is futile!" (anna damah hadarun) This expression can be read as meaning that the killing was unnecessary, implying that Muhammad condemned it.[6] However, most hadith specialists interpreted it as voiding the obligation of paying the blood money which would normally be due to the woman's next of kin.[6] Another hadith reports Muhammad using an expression which clearly indicates the latter meaning:[6]
Punishment[edit]
Traditional jurisprudence[edit]
The Quran curses those who commit blasphemy and promises blasphemers humiliation in the Hereafter.[5] However, whether any Quranic verses prescribe worldly punishments is debated: some Muslims believe that no worldly punishment is prescribed while others disagree.[6] Islamic jurisprudence (fiqh) of Sunni and Shia madhabs have declared different punishments for the religious crime of blasphemy, and they vary between schools. These are as follows:[18][2][25]
- Hanafi – views blasphemy as synonymous with apostasy, and therefore, accepts the repentance of apostates. Those who refuse to repent, their punishment is death if the blasphemer is a Muslim man, and if the blasphemer is a woman, she must be imprisoned with coercion (beating) till she repents and returns to Islam.[26] Imam Abu Hanifa opined that a non-Muslim can not be killed for committing blasphemy.[27] Other sources[who?] say his punishment must be a tazir (discretionary, can be arrest, caning, etc.).[28][29][failed verification]
- Maliki – view blasphemy as an offense distinct from, and more severe than apostasy. Death is mandatory in cases of blasphemy for Muslim men, and repentance is not accepted. For women, death is not the punishment suggested, but she is arrested and punished till she repents and returns to Islam or dies in custody.[30][31] A non-Muslim who commits blasphemy against Islam must be punished; however, the blasphemer can escape punishment by converting and becoming a devout Muslim.[32]
- Hanbali – view blasphemy as an offense distinct from, and more severe than apostasy. Death is mandatory in cases of blasphemy, for both Muslim men and women.[33][34]
- Shafi’i – recognizes blasphemy as a separate offense from apostasy, but accepts the repentance of blasphemers. If the blasphemer does not repent, the punishment is death.[2][35]
- Ja'fari (Shia) – views blasphemy against Islam, the Prophet, or any of the Imams, to be punishable with death, if the blasphemer is a Muslim.[36] In case the blasphemer is a non-Muslim, he is given a chance to convert to Islam, or else killed.[37]
Some jurists suggest that the sunnah in Sahih al-Bukhari, 3:45:687 and Sahih al-Bukhari, 5:59:369 provide a basis for a death sentence for the crime of blasphemy, even if someone claims not to be an apostate, but has committed the crime of blasphemy.[38] Some modern Muslim scholars contest that Islam supports blasphemy law, stating that Muslim jurists made the offense part of Sharia.[38][39]
The words of Ibn Abbas, a prominent jurist and companion of Muhammad, are frequently cited to justify the death penalty as punishment blasphemy:[6]
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