Assalaamu alaykum wa rahmatuallahi wa barakatuhu
Under Islamic State The Punishment For Abusing The Prophet Is Death.
The ruling on one who insults the Prophet (peace and blessings of Allaah be upon him)
The scholars are unanimously agreed that a Muslim who insults the Prophet (peace and blessings of Allaah be upon him) becomes a kaafir and an apostate who is to be executed. This consensus was narrated by more than one of the scholars, such as Imaam Ishaaq ibn Raahawayh, Ibn al-Mundhir, al-Qaadi ‘Iyaad, al-Khattaabi and others. Al-Saarim al-Maslool, 2/13-16
This ruling is indicated by the Qur’aan and Sunnah.
In the Qur’aan it says (interpretation of the meaning):
“The hypocrites fear lest a Soorah (chapter of the Qur’aan) should be revealed about them, showing them what is in their hearts. Say: ‘(Go ahead and) mock! But certainly Allaah will bring to light all that you fear.’If you ask them (about this), they declare: ‘We were only talking idly and joking.’ Say: ‘Was it at Allaah, and His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) and His Messenger that you were mocking?’
Make no excuse; you disbelieved after you had believed”[al-Tawbah 9:64-66]
This verse clearly states that mocking Allaah, His verses and His Messenger constitutes kufr, so that applies even more so to insulting. The verse also indicates that whoever belittles the Messenger of Allaah (peace and blessings of Allaah be upon him) is also a kaafir, whether he was serious or joking.
With regard to the Sunnah, Abu Dawood (4362) narrated from ‘Ali that a Jewish woman used to insult the Prophet (peace and blessings of Allaah be upon him) and say bad things about him, so a man strangled her until she died, and the Prophet (peace and blessings of Allaah be upon him) ruled that no blood money was due in this case.
This hadeeth is jayyid, and there is a corroborating report in the hadeeth of Ibn ‘Abbaas which is below.
This hadeeth clearly indicates that it was permissible to kill that woman because she used to insult the Prophet (peace and blessings of Allaah be upon him).
Abu Dawood (4361) narrated from Ibn ‘Abbaas that a blind man had a freed concubine (umm walad) who used to insult the Prophet (peace and blessings of Allaah be upon him) and say bad things about him. He told her not to do that but she did not stop, and he rebuked her but she did not heed him. One night, when she started to say bad things about the Prophet (peace and blessings of Allaah be upon him) and insult him, he took a short sword or dagger, put it on her belly and pressed it and killed her. The following morning that was mentioned to the Messenger of Allaah (peace and blessings of Allaah be upon him). He called the people together and said, “I adjure by Allah the man who has done this action and I adjure him by my right over him that he should stand up.” The blind man stood up and said, “O Messenger of Allaah, I am the one who did it; she used to insult you and say bad things about you. I forbade her, but she did not stop, and I rebuked her, but she did not give up her habit. I have two sons like pearls from her, and she was kind to me. Last night she began to insult you and say bad things about you. So I took a dagger, put it on her belly and pressed it till I killed her.” Thereupon the Prophet (peace and blessings of Allaah be upon him) said: “Bear witness, there is no blood money due for her.” (Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 3655)
It seems that this woman was a kaafir, not a Muslim, for a Muslim could never do such an evil action. If she was a Muslim she would have become an apostate by this action, in which case it would not have been permissible for her master to keep her; in that case it would not have been good enough if he were to keep her and simply rebuke her.
Al-Nasaa’i narrated (4071) that Abu Barzah al-Aslami said: A man spoke harshly to Abu Bakr al-Siddeeq and I said, ‘Shall I kill him?’ He rebuked me and said, ‘That is not for anyone after the Messenger of Allaah (peace and blessings of Allaah be upon him) .’” (Saheeh al-Nasaa’i, 3795)
It may be noted from this that the Prophet (peace and blessings of Allaah be upon him) had the right to kill whoever insulted him and spoke harshly to him, and that included both Muslims and kaafirs.
The Prophet (peace_be_upon_him) said: on the day of the conquest of Mecca: There are four persons whom I shall not give protection in the sacred and non-sacred territory. He then named them. There were two singing girls of al-Maqis; one of them was killed and the other escaped and embraced Islam. Sunnan Abu Dawud 14:2678
Kill Ka'b bin Al-Ashraf
Sahih Al-Bukhari HadithHadith 5.369 Narrated byJabir bin Abdullah
Allah's Apostle said, "Who is willing to kill Ka'b bin Al-Ashraf who has hurt Allah and His Apostle?" Thereupon Muhammad bin Maslama got up saying, "O Allah's Apostle! Would you like that I kill him?" The Prophet said, "Yes," Muhammad bin Maslama said, "Then allow me to say a (false) thing (i.e. to deceive Kab)." The Prophet said, "You may say it." Then Muhammad bin Maslama went to Kab and said, "That man (i.e. Muhammad demands Sadaqa (i.e. Zakat) from us, and he has troubled us, and I have come to borrow something from you." On that, Kab said, "By Allah, you will get tired of him!" Muhammad bin Maslama said, "Now as we have followed him, we do not want to leave him unless and until we see how his end is going to be. Now we want you to lend us a camel load or two of food." (Some difference between narrators about a camel load or two.) Kab said, "Yes, (I will lend you), but you should mortgage something to me." Muhammad bin Mas-lama and his companion said, "What do you want?" Ka'b replied, "Mortgage your women to me." They said, "How can we mortgage our women to you and you are the most handsome of the 'Arabs?" Ka'b said, "Then mortgage your sons to me." They said, "How can we mortgage our sons to you? Later they would be abused by the people's saying that so-and-so has been mortgaged for a camel load of food. That would Cause us great disgrace, but we will mortgage our arms to you." Muhammad bin Maslama and his companion promised Kab that Muhammad would return to him. He came to Kab at night along with Kab's foster brother, Abu Na'ila. Kab invited them to come into his fort, and then he went down to them. His wife asked him, "Where are you going at this time?" Kab replied, "None but Muhammad bin Maslama and my (foster) brother Abu Na'ila have come." His wife said, "I hear a voice as if dropping blood is from him," Ka'b said. "They are none but my brother Muhammad bin Maslama and my foster brother Abu Naila. A generous man should respond to a call at night even if invited to be killed." Muhammad bin Maslama went with two men. (Some narrators mention the men as 'Abu bin Jabr, Al Harith bin Aus and Abbad bin Bishr). So Muhammad bin Maslama went in together with two men, and said to them, "When Ka'b comes, I will touch his hair and smell it, and when you see that I have got hold of his head, strip him. I will let you smell his head." Kab bin Al-Ashraf came down to them wrapped in his clothes, and diffusing perfume. Muhammad bin Maslama said, "I have never smelt a better scent than this. Ka'b replied, "I have got the best 'Arab women who know how to use the high class of perfume." Muhammad bin Maslama requested Ka'b "Will you allow me to smell your head?" Ka'b said, "Yes." Muhammad smelt it and made his companions smell it as well. Then he requested Ka'b again, "Will you let me (smell your head)?" Ka'b said, "Yes." When Muhammad got a strong hold of him, he said (to his companions), "Get at him!" So they killed him and went to the Prophet and informed him. (Abu Rafi) was killed after Ka'b bin Al-Ashraf."
*Notes:When the Holy Prophet came to Madinah, the Jews made an agreement with him, by the terms of which Jews and Muslims were to live as one people, both retaining their own faith, and in the case of an attack on Madinah or an unaggressive war with a third party they bound themselves to help each other.
Ka'b bin Ashraf, the chief of the Bani an-Nadir, cried out: "By God, if Muhammad has actually killed these nobles of Arabia, the earth's belly would be better for us than its back." Then he went to Makkah and incited the people to vengeance by writing and reciting provocative elegies for the Quraish chiefs killed at Badr. Then he returned to Madinah and composed lyrical verses of an insulting nature about the Muslim women. At last, enraged with his mischief, the Holy Prophet (upon whom be Allah's peace) sent Muhammad bin Maslamah Ansari in Rabi al-Awwal, A. H. 3, and had him slain. Ibn Sad, Ibn Hisham, Tabari).
Ka'b, who was bound by the Madinah treaty, now used his poetic gift freely to excite hatred of Islam and the Muslims. Not content with this, he proceeded to Makkah and openly joined hands with the enemies of Islam.
According to Ibn Abbas, once Ka'b bin Ashraf (the Jewish chief of Madinah) came to Makkah and the Quraish chiefs said to him: "Just see this boy, who is cut off from his people; he thinks he is superior to us, whereas we manage the Hajj, look after the Ka'bah and water the pilgrims."
Sahih Al-Bukhari HadithHadith 4.271 Narrated byJabir
The Prophet said, "Who is ready to kill Ka'b bin Ashraf (i.e. a Jew)." Muhammad bin Maslama replied, "Do you like me to kill him?" The Prophet replied in the affirmative. Muhammad bin Maslama said, "Then allow me to say what I like." The Prophet replied, "I do (i.e. allow you)."
Narrated Abdullah ibn Abbas: Abdullah ibn Abu Sarh used to write (the revelation) for the Apostle of Allah (salallahu alaihe wasallam). Satan made him slip, and he joined the infidels. The Apostle of Allah (salallahu alaihe wasallam) commanded to kill him on the day of Conquest (of Mecca).
Uthman ibn Affan sought protection for him. The Apostle of Allah (salallahu alaihe wasallam) gave him protection." (Abu Dawood, Book #38, Hadith #4345)
Shaikh ul-Islam Ibn Taymeeyah said in Majmoo al-Fatawa (2/193) in his refutation of the Batini Ittihadis, "It is known that the disbelieving Tatars are better than these – because these are murtads (apostates) from Islam and of the worst people of Riddah – and the murtad is more evil than the original (disbeliever) from many aspects." [More to follow on the gravity of Riddah.]
These rulings show the seriousness of the crime of Riddah. As for declaring someone a Murtad and levying the punishment for it, than it is only for the Sharee'ah courts. As Shaikh al-Fawzaan (hafidhahulah) explained, "… the ones who gives the ruling of Riddah are the judges of the Sharee'ah court, and those who execute this ruling are the leaders of the Muslims – and anything apart from this is chaotic and evil." (al-Muntaqa)
The Muslim ruler summons the murtad, establishes the hujjah upon him and asks him to repent, and if he does not repent then the ruler will establish the hadd (punishment) upon him.
When the Prophet of Allah (sallallahu alaihe wasallam) called the people to take the oath of allegiance, he (Uthmaan) brought him and made him stand before the Prophet of Allah. He (Uthmaan) said, "O Prophet of Allah, receive the oath of allegiance from him."
The Prophet (sallallahu alaihe wasallam) raised his head and looked at him thrice, denying him every time. After the third time, the Prophet received his oath.
The Prophet then turned to his companions and said, "Is not there any intelligent man among you who would stand to this (man) when he saw me desisting from receiving the oath of allegiance, and kill him?"
They replied, "We do not know, O Prophet of Allah, what lies in your heart? Had you given us an hint with your eye?"
The Prophet said, "It is not proper for a Prophet to have a treacherous eye." [Abu Dawood (book no. 14, no.2677)]
From the Tafseer of Imam Qurtubi
To know more about Abu Sarh, we quote below the words of Imam Qurtubi from his Tafseer, "al-Jame li-Ahkaam al-Qur'aan" explaining the verse, "Who can be more unjust than he who invents a lie against Allah, or says… "I will reveal the like of what Allah has revealed." [Soorah al-An'aam: 93]
Imam Qurtubi writes, "The person meant in the Saying of Allah, '' who says, 'I will reveal the like of what Allah has revealed." – is Abdullah ibn Abi Sarh, who used to write the revelation for the Prophet of Allah, then he apostatized and joined the mushrikeen.
The reason behind that is – as the interpreters have mentioned – when the verse (12) of Soorah al-Mu'minoon was revealed, "Indeed, We created man (Adam) out of an extract of clay (water and earth)."
The Prophet called Abu Sarh and dictated it to him and when he reached to the verse, 'and then We brought it forth as another creation.' [Soorah al-Mu'minoon (23): 14] Abdullah ibn Sarh was amazed by the details of the creation of man and said, "So blessed be Allah, the Best of creators."
The Prophet (sallallahu alaihe wasallam) said, 'this is how it was revealed to me.' (but) Abdullah doubted it and said, 'If Muhammad is truthful, then it is revealed to me the like of what is revealed to him, and if he is a liar then I have said what he has said.'
So, he committed Riddah and joined the mushrikeen – that is the saying of Allah, ''and who says, "I will reveal the like of what Allâh has revealed." – reported by al-Kalbi from Ibn Abbas (rahiallahu anhuma).
It is mentioned by Muhammad ibn Ishaq, Sharhabil said to me, "The verse, 'and who says, I will reveal the like of what Allah has revealed', was revealed concerning Abdullah ibn Sa'ad ibn Abi Sarh.
He had apostatized from Islam. So, when Allah's Messenger (sallallahu alaihe wasallam) entered Makkah, he ordered his killing, and the killing of Abdulllah ibn Khatal and Muqees ibn Sababa – even if they were found under the curtains of Ka'ba.
So, Abdullah ibn Abi Sarh fled to Uthmaan (radiallahu anhu), who was his foster brother – his mother had suckled Uthmaan.
Uthmaan (radiallahu anhu) hid him until he brought Abdullah ibn Abi Sarh to the Prophet after the people of Makkah had settled and he sought security for Abdullah but the Prophet kept silent for a long time and then said, 'Yes.'
When Uthmaan left, Allah's Messenger said, 'I kept quiet so that some of you would kill him.'
A man from the Ansaar said, 'If only you had hinted me, O Messenger of Allah.'
Allah's Messenger said, 'Treachery of the eye does not befit the Prophet.'
Abu Umar said, 'Abdullah ibn Sa'ad ibn Abi Sarh accepted Islam during the days of the conquest of Makkah, and his Islam was excellent and nothing which could be reproached appeared from him and he was one of the wise and noble from the Quraysh… Then in the year, 25H Uthman (radiallahu anhu) appointed him the governor of Egypt. And Africa was conquered at his hand in the year 27H … (and his other achievements)" [end quote of Imam Qurtubi]
Imam Ibn al-Qayyim writes about the incident,
"In it (i.e. the incident) is the understanding of the permissibility of killing the murtad whose riddah has become intense and he does not repent from it… (Imam Ibn al-Qayyim then mentioned the long narration of Abu Dawood, we quoted earlier)… …
… This was the one whose disbelief had become intense with his Riddah (apostasy) after Eeman, and the Prophet (sallallahu alaihe wasallam) wanted to kill him, but when Uthmaan ibn Affan came with him (i.e. Abdullah ibn Abi Sarh), who was his foster brother, the Prophet did not order to kill him due to Haya (discretion, prudence, honor) for Uthman. And the Prophet did not accept his (Abdullah ibn Sarh's) Bay'ah (oath of allegiance as a Muslim) so that some of his Sahabah would come forward and kill him, but due to respect for the Prophet, the Sahabah did not come forward to kill him without his permission and the Prophet felt haya for Uthman (radiallahu anhu) and thus, accepted his Bay'ah."
[end quote of Ibnil-Qayyim. Quoted from Majallah al-Buhooth al-Islami, issue. No. 77 1426-1427: Protecting the Muslim society from intellectual heresy, part 2, section.1]
The Malikis do willingly accept the repentance of a Zindiq, if he exposes himself before he is caught. According to a view amongst the Hanafis, the Shafi'is and the Hanbalis, the Zindiq takes the same rulings as an apostate, and hence, his repentance is accepted with conditions. This is because Allah has said: "Say to those who disbelieved, if you cease, your past will be forgiven." The Shafi'is also gave the same ruling to the Batinis along with their different sub-sects, the way the Hanbalis also included in the same ruling,
Allah knows best