Hizbut Tahrir Indonesia Melanjutkan Kehidupan Islam
By: Hafidz Abdurrahman (Lajnah Tsaqofiyah Hizbut Tahrir Indonesia)
HTI-Press.Insulting the Prophet has been extensively manifest by non-muslims. After the film Innocence of Muslims, a French weekly-magazine, Charlie Habdo, published cartoons insulting the Prophet Muhammad. Insults like these are not new. In September 2005, a cartoon depicting the Prophet Muhammad as a terrorist figure was published by Jyllands-Posten Newspaper. The following year, cartoons of the Prophet with a bomb-shaped turban on his head was also published in several newspapers in Europe, such as France’s Soir, Germany’s Die Welt, Italy’s La Stampa and Spain’s El Periodico.
There have been countless defamations and insults of the Prophet Muhammad (peace be upon him). In the case of the US produced film, Innocence of Muslims, which provoked the anger of Muslims around the world; it naturally cannot be divorced from the responsibility of the American government. However, instead of apologizing to Muslims, the President of the criminal invaders, in his a speech before the UN General Assembly, asked the delegates from Muslim countries to respect the principles of Freedom of speech (freedom of expression) they profess. With the justification of the same principles, the President of the criminal invaders proclaimed that he cannot ban it, let alone stop the production of the film. Ironically, no one has the authority to defend the dignity of the Prophet of the Muslims.
This is proof that Muslim countries, and the current rulers have failed to protect the glory and the holiness of the Prophet Muhammad. It is a proof that the states and the rulers of the Muslim countries are just the puppets of the infidel invaders. It is visible that Islam and the Muslims need a strong ruler, who can protect the dignity and sanctity of the Prophet. This can be achieved by nothing else other than the Khilafah, which is led by a Khalifah.
Forms of Insults
Shaykh al-Islam Ibn Taymiyya, in his book As-Sarim al-Maslul ‘ala Shatimi ar-Rasul (Swords Unsheathed for the Blasphemers of the Prophet), clarifies the definition of actions of those who blaspheme the Prophet Muhammad as “Words which are aimed at disparaging and demeaning, as understood by most people, regardless of their creed differences, including the words which curse and vilify “(See, Ibn Taymiyyah, as-Sharim al-Maslul ‘ala Syatimi ar-Rasul, I/563).
Al-Qadi ‘Iyadh, in his book, as-Shifa bi Ta’rif Huquq al-Mustafa, explains the forms of insult to the Prophet PBUH as, “He who blasphemes the Prophet PBUH is a detractor, a fault-finder, who considers there is a shortcoming in the Prophet PBUH, denigrates his lineage (descent) and his practices of religion. Besides, he also vilifies one of the Prophet’s noble attributes, or compares the Prophet PBUH to other people with the intent to criticize, insult, undermine, vilify and look for faults. Such people are among those who commit blasphemy against the Prophet Muhammad. “(See, al-Qadi ‘Iyadh, as-Shifa bi Ta’rif Huquq al-Mustafa, p. 428).
It was similarly stated by Ibn Ishaq al-Kholil Jundiy, a scholar of Maliki madhhab, “Anyone who insults the Prophet, curses, mocks, accuses, demeans, labels him with attributes which are not his, cites flaws in him and his attributes, feels envy because of his unrivalled dignity, his knowledge and his ascetic attitude, associates attributes that are not appropriate to the Prophet, denigrates him, etc then the penalty for such a person is death.”(See, Kholil Ibn Ishaq al-Jundiy, Mukhtasar al-Kholil, I/251).
Likewise, according to al-Qadi ‘Iyadh, when someone mentions the Prophet Muhammad with attributes, such as “an orphan” or “an illiterate”, although these are the attributes of the Prophet, but if the labeling is intended to insult the Prophet or show the flaws of Prophet, then that person is considered as to insulting the Prophet Muhammad. This is what caused a scholar as famous as Abu Hatim at- Thailathali to be issued with a death sentence fatwa by Andalusian jurists. The same was experienced by Ibrahim al-Fazari, who was sentenced to death by fatwa of the jurist Qairuwan and students of Sahnun (See, al-Qadi ‘Iyadh, as-Shifa bi Ta’rif Huquq al-Mustafa, p. 430).
Laws and Penalties
For Muslims, the Islamic law regarding insulting the Prophet is clearly haram (forbidden). The perpetrator is considered a kafir. The punishment for it is death sentence. Al-Qadi ‘Iyadh said that this is a consensus among the muslim scholars and imams of fatwa experts, since the generation of the Prophet’s companions. Ibn al-Mundhir said that the majority of the muslim scholars agree on sanctions for those who insult the Prophet Muhammad as the death sentence. This is the opinion of Imam Malik, Imam al-Layth, Imam Ahmad bin Hanbal, Imam Ishaq ibn Rahawih and Imam as-Syafii (See, al-Qadi ‘Iyadh, as-Shifa bi Ta’rif Huquq al-Mustafa, p. 428) .
Al-Qadi ‘Iyadh reiterates that there is no difference among the Muslim scholars about the permissibility of the blood of those who insult the Prophet PBUH. Although some consider the perpetrators as apostates, most scholars declare them as kuffars (non-muslims), who could be killed, without offer to repent and proposed deadline of three days to return to Islam (which is the case for apostates). It is the opinion of al-Qadhi Abu Fadhal, Abu Hanifah, as-Tsauri, al-Auza’i, Malik ibn Anas, Abu Mus’ab and Ibn Uwais, Ashba ‘and’ Abdullah ibn al-Hakam. Furthermore, al-Qadi ‘Iyadh states that it is the consensus of the muslim scholars (see, al-Qadi’ Iyadh, as-Shifa bi Ta’rif Huquq al-Mustafa, p. 428-430).
Al-Khatthabi states, “I did not know there was a (cleric) of Muslim who has different opinions about the necessity of the death penalty (for detractors of the Prophet Muhammad).” (See, Ibn Taymiyyah, as-Sharim al-Maslul ‘ala Syatimi ar-Rasul, I / 9). Allah says, “And among them are those who abuse the Prophet and say, “He is an ear.” Say, “[It is] an ear of goodness for you that believes in Allah and believes the believers and [is] a mercy to those who believe among you.” And those who abuse the Messenger of Allah – for them is a painful punishment. They swear by Allah to you [Muslims] to satisfy you. But Allah and His Messenger are more worthy for them to satisfy, if they should be believers. Do they not know that whoever opposes Allah and His Messenger – that for him is the fire of Hell, wherein he will abide eternally? That is the great disgrace. They hypocrites are apprehensive lest a surah be revealed about them, informing them of what is in their hearts. Say, “Mock [as you wish]; indeed, Allah will expose that which you fear.” And if you ask them, they will surely say, “We were only conversing and playing.” Say, “Is it Allah and His verses and His Messenger that you were mocking?” Make no excuse; you have disbelieved after your belief. If We pardon one faction of you – We will punish another faction because they were criminals. (Surah At-Tawbah: 61-66).
The above verses clearly state that those who mock Allah, His verses and His apostles are declared as kuffars. Furthermore, (by greater reasoning – min babil aula), if the person deliberately criticizes, denigrates, accuses, insults and does the like, such actions are clearly kufr.
In addition, there are several hadiths related to this issue. Among those is the one narrated by Abu Dawood from the leader of the believers (Amirul Mukminin) Ali ibn Abi Talib ra, which states, “There is a Jewish woman who often denounced and vilified the Prophet PBUH, then she had been strangled to death by a man. Apparently, the Prophet Muhammad justified her blood. “(Abu Dawood). The sanad of this hadith is declared jayyid (good) by Shaykh al-Islam Ibn Taymiyah, including a number of hadiths used as proof by Imam Ahmad (See, as-Sharim al-Maslul ‘ala Syatimi ar-Rasul, III/59).
Ibn Abbas states that there was a blind man whose wife always denounced and vilified the Prophet PBUH. The husband had been trying to ban and warned her not to do it. Until one night she started to denounce and vilify the Prophet PBUH again. Unable to withstand his feeling, the man took an axe and then planted it into her stomach so deeply until she was dead. The next day, there was a revelation from Allah to Prophet Muhammad describing the incident. On the same day, the Prophet gathered the Muslims and said, “In the name of Allah, I asked the one who did the action, which is actually my right, to stand up!” Then (I saw) a blind man stood up and walked up to him finding his way until he was in before the Prophet Muhammad. Then, he sat down and said, “I am the man who did it oh Messenger of Allah PBUH. I did it because she always denounced and vilified you. I had tried to prohibit and always reminded her, but she kept on doing it. From her, I have two beautiful children who are like pearls. My wife is dear to me. But yesterday when she denounced and vilified you, I took an axe, and then I struck my wife’s belly firmly until she died. “The action of the man was justified by the Prophet PBUH.
This is the law applied to a Muslim who insults the Prophet. However, if the perpetrator is non-muslim under covenant of protection (kafir dzimi), then the agreement with them is automatically void, and the death penalty is imposed on the perpetrator. Unless, according to some jurists, if they convert to Islam. But in this context, the decision is at the discretion of the Khalifah, whether his Islamic faith could be accepted or the death penalty remains imposed, as a lesson for other non-muslims.
While for the belligerent non-muslim (kafir harbiy), the origin of law for their treatment is war (qital). Anyone who insults the Prophet will be fought. This is the provision expected by a country or a ruler of the Muslims today in the face of insults to the Prophet PBUH, whether the perpetrator is a U.S. citizen or not. In this manner, any form of blasphemy against the Prophet would be stopped.
However, this requires a Khalifah who has firmness, courage, and obedience to Allah SWT. Because it is the Khalifah who will clearly stop all insults, and protect the honor of Islam and Muslims, as it had been demonstrated by the Khalifah Abdul Hamid II towards France and England, who wanted to put on a play by Voltaire, which insulted the Prophet Muhammad. [riza/abdullah]
