The Legal Tradition of Islamic Apostasy

Another fire to put out. This time an Afghani (formerly a Muslim) speaks of his religious makeover and, for a while, faced the penalty of death because of apostasy rulings found in Islamic sacred [Shariah] law--this according to an Afghani "judge." The story and its permutations have led the network and cable news and print behemoths, received comments from the White House and just about every Rev. and collar in America and Europe, and provoked more rabid slurs on Islam. In a way, I understand the indignation: If a man wants to change his religion, so let him. This controversy raises some issues that outstrip one person.

As for apostasy laws, they do exist. But Islam is not the only religion in this regard, nor are they alien to secular systems. And you ask: So what? What kind of argument is that? Is this McApologetics? Good questions. I mention this because regrettably analogies of this kind are now a requirement, given the puerile handling of Muslim affairs, the pompous [pontifications] of media "experts," and a public seemingly sedated by its own sense of perfection. But it also adds perspective in the light of the monster-making process of all things "Islamic."

 

When you believe that the patent to "issues," like violence and extremism, belongs to one folk, then the mind is doomed to delve into fear-fictions that permit legislatures to make all kinds of damned "laws" and wars. So, I make the analogy between apostasy in the early Islamic historical context with the American law of treason or sedition that is punishable by death.

The apostasy laws in Islamic legal tradition vary greatly and are often said to pertain more to "treason" and "sedition" than a spiritual choice. Back in the day, when Islam was young and enemies abound, those who didn't want to see their idols dethroned in the city of Abraham (Mecca), and those who felt intimidated that God would send a prophet from Ishmael's pedigree (especially in the post-Jesus world), tried to do anything to damage or destroy the small community of believers. They made alliances, attempted to assassinate the Prophet Muhammad (numerous times), waged battle, slandered galore, and [used] other tricks to do the deed.

 

There were hypocrites among "the believers;" they would be Muslim by day and plotting maniacs by night--allying themselves with those who, on their own accord, chose enmity as their reception to Islam and its folk. They would change their "faith" for political expedience and promises in order to do some impolite things to a budding religious community. Their aim was not subtle.

In the aftermath of the passing of the Prophet, some Arab tribes (especially in the eastern half of the Arabian Peninsula) decided to edit out a core tenet of the faith and withhold their charitable requirement [a pillar of Islam known as zakat], and thus impale the very economic basis of a contiguous people and nation. The battle against them was called the "War of Apostasy."

 

Much has been made of this. It's comparable to the movement to refuse to pay taxes to the Feds while still claiming the right to live in America. Imagine that on a large basis, such that the very economic legs of the nation would not only wobble, but collapse and put an end to the American entity. Do we remember the Civil War and its economic rationale?

It's important to note that apostasy rulings have rarely been used in the heyday of Islamic civilization, a ranging world conglomerate stretching from the western frontiers of China, [to] the Indian subcontinent, to North and Sub-Saharan Africa, Eastern Europe, and the western shores of Spain. There's absolutely nothing in the élan or sacred paradigms of Islam that makes a religious choice an anathema to Muslims. Not one reference in the Qur’an that refers to people leaving the realm of faith suggests the penalty of death.