#220: Ruling on Killing the One that insults the Rasūl – salallahu alayhi wasallam – in a Democratic System

QUESTION

“As-Salaam Alaykum, what is the ruling of killing the one who insults the Prophet (SAW) in a democratic system or any system other that the Islamic State?”

ANSWER:

Alhamdulillaahi rabbi Al-Aalamin!

Firstly, we want to correct you by saying that the Ulamaa of Hadith have mentioned that it is improper to shorten the prayer ‘salallaahu alayhi wasallam’ either in abreviations, speech or in writing. It is not permissible to write or say simply SAW or PBUH and so on. Imaam Ibn Kathir mentioned that in his book ‘Ikhtisaar Ulumi Al-Hadith’ and Jalaaluddin As-Suyuti – rahimahullaah – in his book ‘Tadribu Ar-Raawi’.

Secondly, the Ummah have formed a consensus on the Riddah (apostasy) of any Muslim that insults the Rasul – salallaahu ‘alayhi wasallam -, on the dissolution of the Covenant of Security (Amaan) of any Kaafir that insults the Rasul – salallaahu ‘alayhi wasallam – and the obligation of killing anyone that does that whether he was originally Muslim or not.

Only Imaam Ibrahim An-Nakha’i – rahimahullaah – differed slightly on this among the Salaf. He held that such a person should be commanded to repent firstly, and then killed if he is adamant. The other Imaams held that it wasn’t Sunnah to command him to repent. In fact, they held that it was Waajib to kill him anyway and in any situation even if he claims to have repented. They only differed on the one who surrendered himself to the Imaam (Leader) of the Muslims before hands were laid on him.

Shaykhu Al-Islam Ibn Taymiyyah – rahimahullaah – said:

“Indeed, the one that insults the
Prophet – salallaahu ‘alayhi wasallam – must be killed, whether he is Muslim or Kaafir. This is the madh’hab of all of the People of Knowledge. Ibn Al-Mundhir said: the generality of the People of Knowledge are at a consensus that the penalty for the one that insults the Prophet – salallaahu ‘alayhi wasallam – is death. Of those that mentioned that include Maalik, Layth, Ahmad, Is’haaq, and that is the School of Ash-Shaafi’i… And Imaam Is’haaq bn Raahawayh, one of the illustrous Imaams said: the entire Muslims are agreed on that anyone who blasphemes Allah or blasphemes His Messenger – salallaahu ‘alayhi wasallam – or rejects anything of what Allah – azza wa jalla – has sent down, or kills a Prophet among the Prophets of Allaah – azza wa jalla – becomes a Kaafir by so doing, even if he agrees to everything that Allah has revealed. Al-Khataabi said: I do not know of any among the Muslims who differed on the obligation of killing such a person…”
Ref: ‘As-Saarimu Al-Maslul’ page 9.

Thirdly, Islam does not recognize any system of government that is not establishing the Shari’a of Allah and does not subscribe to it. This highlights to you the errors of Muslim Groups that call to taking Democracy as a Manhaj or as a way of establishing Islam. This is a very erroneous Manhaj about which Islam is clear. The Rasul – salallaahu ‘alayhi wasallam – never sanctioned Democracy nor any of the diverse systems that people use in this era such as Monarchy and Communist, etc.

Fourthly, instead, Islam considers the situation of a people and their conditions. If the Muslims are incapable at a time or the other, of implementing the verdict of Allaah on the one who blasphemes Allah and His Messenger, then they must never forget it and must carry it out when they are capable. That is because in Islam, compelling necessities must be restricted to the degree of their direness.
Allaahu A’alam;
baarakallaahu feekum!