The application of the death penalty for perpetrators of riddah by fuqaha is a problematic violation of human rights. This is because there is no good reason to show that the punishment for riddah is the death penalty. The existence of the hadith which is considered to be the legitimacy of riddah punishment turns out to be very different from the reality of its application in the history of Islamic criminal law. This article aims to answer academic (...) anxiety about the death penalty for perpetrators of riddah as a result of the ijtihad of fuqaha as well as to confirm the construction of its historical reality in state life. This article finds that some verses of the Qur’an and the hadith which are used as legal basis by fuqaha are only understood textually and treated as absolute theological verses and hadiths, but not based on historical evidence. The history of the application of criminal punishment during the time of the Prophet shows that there is no application of the death penalty to the perpetrators of riddah, except riddah which is followed by criminal acts. So it is not solely because of the act of riddah itself, but because of a greater crime against Islam. The implementation of the death penalty for the perpetrators of riddah which is based on textual interpretation of the hadith, thus has the potential to conflict with the principles of human rights and religious freedom which have been regulated in the Qur’an. Contribution: This study enriches perspectives on the meaning of riddah as one of the strategic issues in Islam and shows that a new interpretation of riddah has become an important idea to promote a peaceful and inclusive society and provide access to justice for all. (shrink)

The concept of riddah (apostasy) in Islam is a controversial issue, especially when it comes to religious freedom. Therefore, this article aims to analyse the application of the Maqāṣidi (Higher Objectives of Islamic Law) interpretation of Ibn ‘Āshūr in interpreting the verse on religious freedom in relation to riddah. According to Ibn ‘Āshūr, the main objectives in revealing the Qur’an are based on three things, namely ṣalāh al-aḥwāl al-fardiyyah (individual betterment), ṣalāh al-aḥwāl al-jamā’iyyah (collective good) and ṣalāh al-aḥwāl (...) al-‘Umrāniyyah (the good of civilisation). Salāh al-aḥwāl al-fardiyyah provides meaning to the fulfilment of individual rights, such as the freedom of choice in belief or religion. Thus, in Ibn ‘Āshūr’s view, religion, which is considered something personal, is used to determine communal good and inevitably influences the goodness of human civilisation in the world. Based on the Maqāṣidi Interpretation of Ibn ‘Āshūr, this article argues that the death penalty for riddah needs to be reinterpreted for theological, historical and political reasons. Furthermore, its imposition is contrary to the dimension of ḥifẓ al-nafs (guarding the soul) and ḥifẓ al-dīn (maintaining religion). Contribution: This article provides insight into the contribution of Ibn ‘Āshūr through the Maqāṣidi interpretation in viewing the issue of religious freedom in relation to riddah. It contributes theoretically to become a conceptual framework to respond to the issue of riddah. (shrink)

In the first, sweeping volume of The Venture of Islam, the late Marshall Hodgson recalls the Riddah Wars, fought in the 7th century between the brethren over the right to transmit the true legacy of the Prophet. Herbert Marcuse is as far from Mohammed as the deserts of America are from those of Arabia, but since his death in 1979, the familiar archetype has been playing itself out. At the head of the legions of the faithful rides the indomitable (...) Douglas Kellner, who for years has waged a single-minded campaign to clear the field of competition. Kellner has always concluded his polemics with a promise: the damage these pretenders have wrought is not yet irreversible, consequently, “Marcuse's legacy still awaits comprehensive and systematic treatment,” “an adequate appraisal of Marcuse's thought and legacy remains to be done.”. (shrink)