دار التوحيد Dâr'ul Tawhîd

Author Topic: THE JUDGMENT AGAINST DHIMMI WHO CURSES ALLÂH AND/OR THE PROPHET  (Read 3347 times)

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بسم الله الرحمن الرحيم

The Judgment Against Dhimmi Who Curses Allah (azza wa jall) and/or The Prophet (sallallaahu alayhi wa sallam)

Today we are –unfortunately- witnessing insult and mocking verbally and/or physically towards Sayyid’il Anbiya wa Mursalin (Leader of the Prophets and the Messengers), Khatam’ul Anbiya (last of the Prophets) Muhammad Mustafa sallallahu alayhi wa sallam in both the East and the West. Allah Ta’ala in many places of the Qur’an mentions that the Mushrikin (pl., Mushrik; idol worshipers) mocked their Prophets and the Mu’minin that put their belief in them.

وَلَقَدِ اسْتُهْزِئَ بِرُسُلٍ مِّن قَبْلِكَ فَحَاقَ بِالَّذِينَ سَخِرُوا مِنْهُم مَّا كَانُوا بِهِ يَسْتَهْزِئُون

Mocked were (many) messengers before thee; but their scoffers were hemmed in by the thing that they mocked. (al-Anbiya 21/41);

يَا حَسْرَةً عَلَى الْعِبَادِ مَا يَأْتِيهِم مِّن رَّسُولٍ إِلاَّ كَانُوا بِهِ يَسْتَهْزِئُون

Ah! Alas for the Servants! There comes not a messenger to them but they mock him! (Ya-Sin 36/30)

It should not be forgotten that Allah Ta’ala, pledged He will protect the honour of His slave, Muhammad sallallahu alayhi wa sallam. Allah Ta’ala protected his honour and for centuries spread his name and his Da’wah (call) and this will continue up until the Last day Inshallah. Since Allah Ta’ala said addressing His Prophet, Muhammad sallallahu alayhi wa sallam:


إِنَّا كَفَيْنَاكَ الْمُسْتَهْزِئِينَ

"I promise to deal with any one who mocks you!.. (al-Hijr 15/95)

Ibn Taymiyyah said concerning Allah’s Sunnah with those who insult His Messenger: “…And from the ways of Allah is that in regards to those who harm Allah and His Messenger whom the believers cannot punish, then Allah Subhanahu Himself takes sufficient revenge on behalf of His Messenger. (Allah) Subhanahu said:

فَاصْدَعْ بِمَا تُؤْمَرُ وَأَعْرِضْ عَنِ الْمُشْرِكِينَ إِنَّا كَفَيْنَاكَ الْمُسْتَهْزِئينَ

Therefore expound openly what thou art commanded, and turn away from those who join false gods with Allah. For sufficient are We unto thee against those who scoff. (al-Hijr 15/94-95)

For example, the story of Allah’s one-by-one destruction of those who mocked the (Prophet sallallaahu alayhi wa sallam) is well known, as has been mentioned by the scholars of Siyar (history) and Tafsir (exegesis). They were a small group of the heads of Quraysh, including al-Walid bin Mughirah, al-As bin Wa’il, al-Aswadan bin Abd'ul Mutallib, Ibn Abd Yaghuth, and al-Harith bin Qays.

Also, Nabi (the Prophet) sallallaahu alayhi wa sallam wrote to Kisra (the King of Persia) and Caesar (the King of Rome), while neither of them had entered into Islam. However, Caesar respected the letter of Nabi (the Messenger of Allah) sallallaahu alayhi wa sallam, and treated his ambassador in a fine manner, so his kingdom was kept for him, and this is why it was said: “His kingdom remains for him among his descendents until today.”

As for Kisra, he tore the letter of  Rasulullah (sallallaahu alayhi wa sallam) into pieces and mocked him. As a result, Allah caused Kisra to be killed soon after, and caused his kingdom to be torn into pieces, and there did not remain for any of the future Kisras any kingdom, since (Allah) Ta’ala said:

إِنَّ شَانِئَكَ هُوَ الأَبْتَرُ

For he who hateth thee, he will be cut off (from Future Hope). (al-Kawthar 108/3)

and this –and Allah Knows best– is in accordance with the phrase: لحوم العلماء مسمومة “The flesh of the scholars is poisonous!” So, how would it be with the flesh of the Prophets?

And in the ‘Sahih,’ it is narrated from Nabi sallallahu alayhi wa sallam that: “Allah Ta'ala says:

من عادى لي وليا فقد بارزني بالمحاربة

“Whoever declares his enmity to a close ally of Mine, then I declare war on him.”

So, how would it be in the case of the one who declares his enmity to the Prophets? Whoever Allah Ta’ala declares war upon, then he will no doubt be fought!

If you read the stories of Anbiya (the Prophets) mentioned in the Qur’an, then you will find that their people were destroyed the moment they began harming their Anbiya (the Prophets) by throwing at them the nastiest of words and actions.

This is how Ban-i Isra’il (the Children of Isra’il i.e., descendents of Ya’qub alayhi salam) had humiliation thrown upon them, and this is how they earned the anger of Allah, and they had nobody to help them against Him; all of this, because they killed  Anbiya (the Prophets) without any right, in addition to their disbelief, as Allah mentioned in His Book.

And you will not find anybody who ever harmed a Nabi (Prophet) from Anbiya (the Prophets) -and did not repent from this– except that Allah would strike him with some type of calamity or disaster soon after. And we have previously mentioned the efforts of the Muslims in hastening their punishment of the disbelievers who insulted Rasulullah (the Messenger of Allah) sallallaahu alayhi wa sallam, and we mentioned many different examples of this, and this is a wide door of discussion that cannot be mentioned here in its entirety.

An example of this is what has been mentioned regarding a huge group of the Muslims in our times, when they were laying siege to the fortresses and cities of the Romans on the Syrian coast. They said: “We used to lay siege to the castle or city for a month or more without being able to penetrate it. As soon as we would hear that its people began insulting the Messenger of Allah (sallallaahu alayhi wa sallam) and attacking his honor, our victory over them was suddenly and miraculously made quick and easy, and would not come beyond a day or two afterwards. The gates of the area would open, and we would proceed to attack them severely. We would be extremely happy with this speedy victory when we heard their slander of him (sallallaahu alayhi wa sallam), despite our hearts being filled with rage because of what they had said.”

And similar accounts were narrated from our trustworthy companions from Morocco, as their incidents with the Christians there were similar.

So, from Sunnah (the ways) of Allah Ta'ala is that He sometimes punishes His enemies with a torment of His own, and He sometimes does so at the hands of His believing servants.” (Ibn Taymiyyah, as-Saarim’ul Maslul alaa Shaatim’ur Rasul, 2/233-234)

We are going to post a chapter from the book of Qadi Iyad (rahimahullah) ash-Shifa with regards to the topic: ‘The Judgment Against Dhimmi Who Curses Allah and/or The Prophet’ due to its importance. Tawfiq (success) is from Allah.
Rasulullah (sallallahu alayhi wa sallam said:

إِنَّ النَّاسَ دَخَلُوا فِي دِينِ اللهِ أَفْوَاجًا، وَسَيَخْرُجُونَ مِنْهُ أَفْوَاجًا

"Verily, the people have entered into the religion of Allah in crowds and they will also leave it in crowds." (Ahmad, Musnad)

Fahm'us Salaf

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The Judgment Against Dhimmi Who Curses Allah (azza wa jall) and/or The Prophet (sallallaahu alayhi wa sallam)
Qadi Iyad (476-544 H), ash-Shifa bi Tarifi Hukuk’il Mustafa

"As for a Dhimmi, who, by making a clear curse or a curse by allusion, makes light of the Prophet’s worth or describes him in any way other than the way by which he would normally reject him in his Din, there is no disagreement about him being killed unless he becomes Muslim, because he has not been given protection (dhimma) or a treaty in order to allow him to do this.
     
Most of the Ulama say this, except for Abu Hanifa, ath-Thawri and their followers among the people of Kufa. They said that he is not killed because his Shirk is a much worse offense. He is disciplined and flogged.
 
One of our Shuyukh (pl., Shaykh; scholars) took the following words of Allah as a proof that he should be killed:


وَإِن نَّكَثُواْ أَيْمَانَهُم مِّن بَعْدِ عَهْدِهِمْ وَطَعَنُواْ فِي دِينِكُمْ فَقَاتِلُواْ أَئِمَّةَ الْكُفْرِ إِنَّهُمْ لاَ أَيْمَانَ لَهُمْ لَعَلَّهُمْ يَنتَهُونَ

"If they break their oaths after their contract and attack your Din, then fight the leaders of unbelief; they have no sacred oaths. Perhaps they will give over." (at-Tawbah 9/12)

For proof, he used the fact that the Prophet killed Ibn'ul Ashraf and people like him. No treaty has been made with them nor have they been given protection in order to allow them to do this. It is not permitted for us to allow them to behave in this way.
 
When they do what neither the treaty nor their Dhimma status allows them, then they violate their Dhimma status and fall into the category of unbelievers and people with whom the Muslims are at war. So they are killed for their disbelief. Furthermore, Dhimma status does not remove any other of the Hudud of Islam from them, such as cutting off the hand for theft or executing someone for a murder committed by one of them, even if that is permissible by their own Din.
 
It is the same when they curse the Prophet (sallallaahu alayhi wa sallam). They are killed for it. Our companions have mentioned obvious things which entail dispute which, when mentioned by a  Dhimmi in the manner by which he would normally reject the Prophet in his Din, must be investigated, according to what Ibn'ul Qasim and Ibn Sahnun say.
 
Abu’l Mus’ab talked about a dispute among his companions in Madina. They disagreed about what happens when a Dhimmi curses the Prophet and then becomes a Muslim. Some said that his Islam removes his execution because Islam wipes out what was before before it, which is in contradistinction to a Muslim who curses him and then repents. That is because we know that inwardly the unbeliever is angry towards the Prophet and disparages him in his heart. But we prevent him from displaying that openly. If he does display it openly, it is only further opposition to the authority over him and breaking the treaty. When he converts from his first religion to Islam, what occurred before he became Muslim falls away? Allah says:

"Say to those who reject: if you leave of, then what you did before will be forgiven you." (al-Anfal 8/40)
 
The case of a Muslim is different since we had supposed his inward to be the same as his outward and that is different from what he now displays. After his return to Islam we do not agree with nor trust his inward since his secret has appeared. The judgement that was established against him remains and none of it is removed from him.
 
Others say that when a Dhimmi becomes Muslim, it does not prevent his execution because the right owed to the Prophet demands it. He violated the Prophet’s honor, and his intention was to connect imperfection and blemish to the Prophet. His becoming Muslim does not prevent execution for that, just as the rights of Muslims against him for any murder and slander that he did before be became a Muslim would be binding on him. Since we do not accept the repentance of a Muslim, it is more fitting that we should not accept the repentance of an unbeliever.
 
Malik in the Book of Ibn Habib and al-Mabsut, Ibn'ul Qasim, Ibn'ul Majishun Ibn Abd’ul Hakam and Asbagh have said that the Dhimmi who curses our Prophet or one of the Prophets, peace be upon them, is executed unless he becomes a Muslim.
     
Ibn'ul Qasim stated the same in al-Utibiyya. It is also stated by Muhammad ibn'ul Mawwaz and Ibn Sahnun and Asbagh said that he is not told to become Muslim nor not to become Muslim, if he becomes Muslim that is his repentance.

In The Book of Muhammad, the companions of Malik have told us that he said that whoever curses the Messenger of Allah or any other Prophet, be he Muslim or unbeliever, is killed without being asked to repent.
 
It has been related to us that Malik said: "Unless the unbeliever becomes a Muslim." Ibn Wahb related from Ibn Umar (radiyallahu anhuma ajmain) that a monk made a verbal attack on the Prophet (sallallaahu alayhi wa sallam). Ibn Umar asked: "Why didn’t kill him?"
 
Isa related that Ibn'ul Qasim talked about a Dhimmi who says: "Muhammad was not sent to us. He was sent to you. Our Prophet is Musa or Isa" and similar things. He said that there is nothing against him because Allah has confirmed them in this sort of thing.
 
As for  the Dhimmi who curses the Prophet, says that he is not a Prophet, was not by Allah or the Qur’an was not sent down upon him or that it is something he made up, he is killed.
 
Ibn'ul Qasim said: "When the Christian says: ‘Our religion is better than yours. Your religion is a donkey’s religion,’ and similar ugly words, or hears the Mu’adhdhin say; ‘I testify that Muhammad is the Messenger of Allah,’ and says something detrimental, he receives a painful punishment and a long imprisonment."
 
If he reviles our Prophet with something known to be a form of vilification, he is killed unless he becomes Muslim. Malik said that more than once, and he never mentioned that if he does become Muslim, he is asked to repent. Ibn'ul Qasim said: "In my opinion, his words can be taken to mean if he becomes a Muslim of his own accord."
 
Ibn Sahnun said in the matter of Sulayman ibn Salim al-Yahudi (the Jew) who said to the Mu’adhdhin: "You lie when you testify," that he should be punished painfully and imprisoned for a long time.
 
In an-Nawadir (a book by Imam Ibn Abi Zayd al-Qayrawani) from the version of Sahnun from Malik we find that any Jaw or Christian who reviles the Prophet in other than the normal way by which the Jaws and Christians reject him is beheaded unless he becomes a Muslim.
   
Muhammad ibn Sahnun said that, if it is asked why is he killed for cursing the Prophet (sallallaahu alayhi wa sallam) when part of his religion is to curse him and call him a liar, the answer is that we did not make the treaty with him to let him do that nor to kill us nor to take our property. If he kills one of us, we kill him, even if something in his religion makes it lawful. That is the case when he openly curses our Prophet (sallallaahu alayhi wa sallam).
 
Sahnun said that if doing so were allowed, it would be like people with whom the Muslims were at war paying the Jizyah tax to us on condition that they could curse the Prophet. There is no one who disagrees with the judgement that this would not be allowed. Similarly the terms of a treaty do not apply to anyone who curses the Prophet.
 
If one of them does that, his blood becomes lawful for us. Just as being a Muslim does not protect someone who curses the Prophet from being killed, nor does Dhimma status.
 
However, what Ibn Sahnun has mentioned about his own and is father’s position is different from what Ibn'ul Qasim says about what lightens the punishment for those who say such things when what they say is part of their normal state of disbelief. It must be taken into consideration that what Sahnun said is different from what is related about this matter from the people of Madina.
 
Abu’l Mus’ab said: "A Christian was brought to me who said: ‘By the One who chose Isa over Muhammad.’ There was a dispute about him before me. So I beat him until I killed him, or he lived for a day and a night. I commanded someone to drag him by the feet and throw him onto a dung heap and the dogs ate him."
 
Abu’l Mus’ab was asked about a Christian who said: "Isa created Muhammad." and he said that he should be killed.
 
Ibn'ul Qasim said that Malik was asked about a Christian in Egypt against whom there was testimony that he had said: "Poor Muhammad, he tells you that he is in the Garden! It does not help him because the dogs will eat his legs!" They asked whether they should kill him so that people would be saved from him. Malik said that he thought that he should be beheaded. He said: "I almost did not say anything about it and then I thought that I could not remain silent."
 
Ibn Kinana said in al-Mabsut that any Jew or Christian who reviles the Prophet can be burned by the Imam. If he likes, he can kill him and then burn his body. If he can burn him alive. If he likes when he is so bold as to curse him. This is the school of Malik and other Ulama. Imam ash-Shafi’i says that burning is not permissible except in the case of retaliation based on the Hadith: "Whoever burns, we will burn him..." Malik bases his position on the fact that Ali (radiyallahu anh) did this and that the Prophet said about a certain apostate: "If you find him, burn him."Abu Hanifa maintained that this had been abrogated.
 
Someone had written to Malik from Egypt and Ibn Kinana mentioned the case that Ibn'ul Qasim cited above. He said that Malik commanded him to write that he should be killed and his head should be struck off. Ibn Kinana wrote that and then said: "Abu Abdullah, Malik. I will also write: ‘He should be burned with fire.’ He said: ‘He deserves that and what he did merits it.’ So I wrote it with my own hand in his presence and he did not object to it or censure me. The paper was dispatched like that. The man was killed and burned."
 
Ubaydullah ibn Yahya al-Laythi and Ibn Lubaba and a group of our Andalusian comrades of the past gave a fatwa to kill a Christian woman who openly denied Allah and that Isa was Allah’s Prophet and rejected Muhammad as a Prophet, but stated that if she wanted to become a Muslim they should accept that and it would remove the sentence of execution.
 
More than one of the later ones, including al-Qabis, Ibn'ul Katib, and Abu’l Qasim ibn'ul Jallab said that whoever curses Allah and his Messenger be he a Muslim or unbeliever, is killed without being asked to repent.
 
Qadi Abu Muhammad ibn Nasr related that there are two versions transmitted about whether a Dhimmi who curses and then becomes a Muslim is saved from execution because of becoming Muslim.
 
Ibn Sahnun said that the Hadd of slander and similar things are human right. They do not fall away from the Dhimmi when he becomes a Muslim. The Hudud concerning transgressions against Allah leave him because of his Islam but not the Hadd involving slander against a human being, be he a Prophet or anyone else.
 
When the Dhimmi slanders the Prophet and then becomes Muslim, he still receives the Hadd for slander. But you must investigate to discover what is obliged against him; is it the Hadd of slander of the Prophet which necessitate execution due to the immense inviolability of the Prophet (sallallaahu alayhi wa sallam) over others, or is execution prevented because of his Islam so that he is given the Hadd punishment of eighty lashes? Reflect on it.

As for Dhimmis, it is related from Abdullah ibn Umar (radiyallahu anhuma ajmain) that a certain Dhimmi attacked the honor of Allah beyond what his religion allowed and used as a proof. Ibn Umar (radiyallahu anh) drew his sword against him and went after him and the man fled.
 
Malik in The Book of Ibn Habib and al-Mabsut, and Ibn'ul Qasim in al-Mabsut and The Book of Muhammad, and Ibn Sahnun all say: "Any Jew or Christian who reviles Allah in any way other than what constitutes part of their belief is killed without being asked to repent." Ibn'ul Qasim added: "Unless he becomes a Muslim." He said in al-Mabsut: "voluntarily."
 
Asbagh said: "This is because the way in which they disbelieve is part of their religion. They have been given a treaty based on that; i.e., their claim that Allah has a female consort, a partner and a son. But as for other lies and vilification, they were not given a treaty for them, so such things break their treaty."   
 
Ibn'ul Qasim and in The Book of Muhammad: "Anyone among other religions who reviles Allah in any other way that the way He is mentioned in his Book is killed unless he becomes Muslim." 
     
al-Makhzumi in al-Mabsut, Muhammad ibn Masalam and Ibn Abi Hazim said: "He is not killed until he has been asked to repent, be he Muslim or unbeliever. If he repents, he is all right. If not, he is killed."
 
Mutarrif and Abd'ul Malik said something similar to what Malik said. Abu Muhammad ibn Abi Zayd  said that whoever curses Allah in any way other than that by which he normally disbelieves is killed unless he becomes a Muslim.
 
We have already mentioned the statement of Ibn'ul Jallab. We have also mentioned the statement of Ubaydullah, Ibn Lubaba and other Shuyukh of the people of Andalusia about the Christian woman and their fatwa and consensus to kill her because she cursed -in accordance with the way which she normally disbelieved- Allah and the Prophet. This accords with other statements about any Dhimmis who curse the Prophet because of the way in which they disbelieve in him.
 
There is no difference in the way they are treated between whether they curse Allah or curse His Prophet because they are given the treaty provided that they do not manifest anything of their disbelief and that they do not subject us to listening to anything of that kind. If they do so, that breaks their treaty.
 
The Ulama disagree about a Dhimmi who is also a Zindiq (heretic) from his own Din. Malik, Mutarrif, Ibn Abd'ul Hakam and Asbagh said that he is not killed because he goes from disbelief to disbelief.
 
Abd’ul Malik ibn'ul Majishun said that he is killed because he has adopted a religion which has been confirmed for no one and for which Jizyah-tax is not taken.
 
Ibn Habib said: “I do not know anyone who says anything else."
Whosoever desires الْعِزَّةَ al-Izzah (honour, power and glory) then to Allah belong all الْعِزَّةَ al-Izzah [and one can get honour, power and glory only by obeying and worshiping Allah (Alone)]. To Him ascend (all) الْكَلِمُ الطَّيِّبُ al-Kalim al-Tayyib (the goodly words), and الْعَمَلُ الصَّالِحُ al-Amal al-Saalih (the righteous deeds) exalt it (the goodly words i.e., the goodly words are not accepted by Allah unless and until they are followed by good deeds). (Fatir 35/10)

Izhâr'ud Dîn

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Bismillâh,

Just a reminder!..
Shaykh'ul Islâm Ibnu Taymiyyah Rahimahullâh stated,

والعالم يعرف الجاهل؛ لأنه كان جاهلا، والجاهل لا يعرف العالم لأنه لم يكن عالما

"The Âlim (scholar) recognizes the Jâhil (ignorant) since he was once a Jâhil. The Jâhil does not recognize the Âlim since he has never been an Âlim." (Shaykh'ul Islâm Ibnu Taymiyyah, Majmű'ul Fatâwâ, 13/235)

 

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