What is the Women’s Role in the Political System?

In the light of the previously stated special qualities and privileges of females and males, it seems reasonable to put the highest decision-making responsibility in the hands of men. Muslim scholars who adopt this legal opinion depend on a Prophetic Tradition that says: “No success is expected for a nation that chooses a woman to be in charge of their affairs”.([1])
However, the opponents of this opinion say that this comment of the prophet is not a judgment but rather a prediction. He said it when he was told that the Persians had chosen a woman to be in charge of their affairs.
In general, we should bear in mind that the highest position in Islam used to be held by a person whose authority included the power of deducing laws from the Holy Quraan and the Prophetic Traditions, the judicial and the executive authorities. The question is: what is the case if the authority is limited? In fact, the issue is still under discussion.
It is also worthy to note that we should distinguish between the qualification of the leader of the whole Community of Islam and the leader of a particular Muslim nation or community. The debate regarding a woman assuming a leadership position is mainly related to the former, not the latter.
As far as the consultative authority is concerned, Islam respects women’s intelligent consultation. The Prophet Muhammad (pbuh) who received revelation took the advice of a woman seriously and put it into action, as we can see in the following story. After concluding a pact with the tribe of Quraish, before embracing Islam, the Prophet commanded his Companions to give up their intention to perform umrah (the minor pilgrimage). They were so upset that they hesitated in carrying out his order because the agreement with Quraish included a provision, which says that Muslims should return whoever embraces Islam from Quraish, but not vice versa. When the Companions hesitated in complying with the Prophet’s order he felt sad. Then Um Salamh, one of his wives, advised him to do the rituals of giving up the umrah himself without saying any word. The Prophet took her advice and did what she suggested. All the Companions followed suit instantly.([2])
In general, Islam considers a woman not only qualified to hold responsible positions, but it considers her responsible in many areas. Among these is her family. The Prophet said: “All of you are guardians and responsible for your wards and the things under your care. The ruler is the guardian of his subjects and is responsible for them, and a man is the guardian of his family and responsible for them, and a woman is the guardian of her husband’s house and responsible for it…”([3])
Why is a Woman’s Testament Half of a Man’s in Some Cases?

As a corollary to the above mentioned facts, it was natural for a man to be charged with the responsibility of supervision in his family. And this made him entitled to a greater weight in voting; i.e. the chairman’s vote has a special weight. In addition to that, because of man’s greater freedom to move around the environment and because he is less emotional and physically stronger he became more suitable to attest in some cases, especially in cases which may endanger the witness.
However, there are cases where a female’s testament is equal to or more valuable than a male’s. For example, even in learning the religious teachings, which is of utmost importance, Muslims took some of their knowledge from the wives of the Prophet Muhmmad (pbuh) and studied at the hands of some prominent female teachers. In others, women are more qualified to attest, and their testament is weightier, such as in the purely female affairs. Similarly, in some cases only men are qualified for testament.
As a matter of fact, in some secular or man made laws the female is considered more qualified to take care of the children. In the USA, for example, when the parents are separated usually the children are given to the mother’s custody. Here we do not say that the law discriminates against men or vice versa. The question is: Who is more appropriate for the case we have on hand?
After all, the verse that is quoted to support the case that a woman’s testimony is half of a man’s testimony reads: {O you who believe, if you deal with each other in transactions involving future obligations in a fixed period of time reduce them to writing…and get two witnesses out of your own men. And if there are no two men, then a man and two women.}([4])
In other words, the verse may be considered a recommendation for the parties involved, rather than a judgment. What confirms this fact is that the testimonies accepted by judges in court could differ. For example, a judge may reject a testimony of a man who is a relative to the plaintiff and accept the testimony of a non-relative woman.

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([1] ) Imam Ahmad: Sanad al-Basryeen.

([2] ) Ibn al-Qayyem, Zad vol. 3: 195.

([3] ) al-Bukhari: Jumaah prayer.

([4] ) Holy Quraan 2: 282 and the commentary on the verse.

Why a Woman Cannot Marry without a Male Guardian?

A woman cannot marry herself without the approval of a guardian in general because in Islam before marriage her father, her brother or her son takes care of her, including the living expenses. If the marriage fails she goes back to her guardian’s care. Furthermore, if the divorced husband fails to pay for his children the burden goes back to her guardian too. However, there are scholars who permit a woman to marry without a male guardian, in certain cases.
Divorce is in the hand of the man because the man is the one who pays the marriage expenses, including gifts for his wife, housing and furnishing. The woman receives a dowry, which ranges from a symbolic gift to thousands of US dollars or Euros. On the top of that the husband should provide her with decent living, including clothing, housing and medical expenses. And if marriage fails, it is he who pays the alimony and is required to pay for his children’s support, which includes their education’s expenses. In addition to that, the more emotional person is the less thoughtful and sensitive to the end results of a wrong decision whether it is the marriage or the divorce.
In the light of all these facts, the husband usually looks at divorce more seriously than the wife, especially if he is aware that divorce is the most hateful act to Allah among the permissible things.([1])
On the other hand, a wife can acquire divorce through the courts, if necessary, and keeps the dowry for her husband’s failure to fulfill his essential duties. She can also buy her way out by paying back her dowry, and/or, sometimes, by paying part of the marriage expenses too.

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([1] ) Abu Dawood: divorce.

Why only a Man Can Marry a non-Muslim?

In fact, this is a good example of how much Islam cares for women. It allows a Muslim to marry a woman from among the People of the Book (Jews and Christians). Allah says: {Made lawful to you this day all good things. The food of the People of the Book are lawful to you [except when specifically mentioned to be forbidden such as swine] and your food is lawful to them, and the chaste women from the believers and the chaste women from the people who received the scriptures before you, if you pay their dowry and take them in legal wedlock, not illegally or as concubines (girl friends).}([1]) This is perhaps due to two reasons:
1. Judaism and Christianity are the early versions of Islam. Both religions were referred to in the Holy Quraan as Islam or some of its derivations. Accordingly, the Muslim husband partially respects his wife’s religion, which in turn prevents him from humiliating her or forcing her to change her faith.([2]) This same fact made marriage to an atheist or a pagan forbidden for a Muslim, because Islam completely contradicts atheism and paganism. This fact is likely to jeopardize the marriage bond sooner or later.
2. Islam guarantees the wife’s rights as part of the Divine law, which is not subject to change and it is binding on the Muslim husband.
As far as the non-Muslim husband is concerned, he is either not committed to any religion that has obligatory laws, which preserve the wife’s rights, or he follows some man made laws, which could be wrong and subject to change. Indeed, if we look closely at the laws concerning wife’s rights in the secular systems we will find many contradictions and on-going changes. Under all circumstances, there are no guarantee of freedom of belief or worship for the Muslim woman if she marries a non-Muslim person.

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([1] ) Holy Quraan, 5:5.

([2] ) see for example Holy Quraan, 2: 128, 132; 3: 67 and see al-Qadi who quoted
over 20 verses from the Holy Quraan.

Why a Man Can Marry up to Four Wives?

The issue of Islam permitting a man to marry up to four wives provided that he is fair to them all was looked at as a negative thing especially from the women’s perspective. But what are the facts? Allah says: {…Marry of your choice two or three or four, but if you fear that you shall not be able to deal with them justly, then only one…}([1]) Not only that, but Allah warns: {You will never be able to show perfect justice between wives, so do not incline too much to one of them…}([2])
However, looking at this issue with an open mind, especially the unmarried females will find it not only a positive law, but a Divine gift! for the following reasons:
1. It is obvious that females out number males in the world. This means if we have only one wife for a man, then there will be no chance for many women to get married.
2. It is a Divine gift because if the chance for a female to get married is one, by allowing men to marry up to four her chance of marriage will be four folds. A female may say: I do not need this opportunity. It is alright for her to say that, but she should remember that no one can force her to take it, and the opportunity is there in case she needs it.
3. Logically, to share a husband with other wives and to have clear-cut moral and legal rights along with the chance for safely satisfying sexual and motherhood inclinations is better than to have nothing of these. It is also better than to express the sexual instinct illegally, not only to be deprived of many advantages a married woman has, but also to be burdened with numerous responsibilities. In addition to that, she will also be more subject to humiliation and exploitation by men.
As far as married women are concerned, it is natural that they may cast a scornful look at this kind of law, at first. But is it really that bad? I assume we agreed that without this permission of polygamy there would be more unmarried women. This means the unmarried women will compete harder to get married, even at the expense of getting a married woman divorced. In fact, many women recognize that the secret, illegal relations are threatening many families that are used to peaceful nests for the married couples. Therefore, allowing men to marry more than one woman will help the married women to keep their husbands and homes better.
Related to this issue also, a woman may ask: “Why women are not allowed to marry more than one man?” The question at first glace seems logical. But to be realistic, let us ask what women would gain from such opportunity? Would it – in the long run- secure her a man who will be next to her when she needs him, especially if she has no money or when she becomes sick? Would it secure her a responsible husband and a responsible father for her children?
In reality, the most probable answer is a big NO. One of the major reasons for this answer is because this kind of opportunity is a good chance for men to relieve themselves from the responsibility of being fathers and to hang this responsibility on the mothers’ shoulder.([3])

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([1] ) Holy Quraan, 4:3.

([2] ) Holy Quraan, 4:3.

([3] ) See other reasons in the discussion of the penalty of adultery.

Why Women are not Allowed to Drive in Some Countries?

Departing from the fact that the correct Islamic legal opinion is a result of a perfect interaction between the texts of the Holy Quraan and the authentic Prophetic traditions, on one hand, and the diagnosis of the reality in many cases, we can assure the reader that Islam does not prohibit nor does it encourage women to drive cars. The whole question depends on the environment in which women live.
In the Kingdom of Saudi Arabia, for example, women tend to apply the maximum limits of veiling (hijab); i.e., to cover her complete face or only reveal her eyes, and the society in Saudi Arabia also prefers that kind of hijab and demands that from the females. In this kind of environment it seems better for a woman not to drive herself, especially if she is alone. This tendency, in fact, goes in harmony with the natural tendency of many people, including men who like to have the luxury of having a driver to take them around, as long as this luxury does not cost them too much.
In other environments, women prefer observing the minimum limit of hijab; i.e., revealing the whole face and wearing the Islamic clothes that do not reveal except the necessary parts of her body. In this environment though some prefer to drive themselves, but still many like to have the luxury to have someone to drive the car for them as long as it does not cost too much.

Why hijab for women?

Hijab means that an adult female wears unrevealing clothes, to cover her body from head to toes. As we have already mentioned some scholars consider covering the face as not compulsory while others do.
Many non-Muslim females look at hijab as a negative thing. I said non-Muslim female because a Muslim woman should recognize that this is the command of Allah and she has to abide with it if she is sincere to avoid the wrath of Allah. However, if we look at it carefully these objecting women may change their opinions. On one hand, hijab is a means of protection through modesty. It functions as a psychological barrier between the female and the others, especially men. It is similar to the military uniform, to dress extravagantly, having a driver, a guard or secretary. They give an air of respect, which provides a person with some kind of protection from being bothered. On the other hand, unrevealing most of her body makes her more precious to men and remote to reach, except through a marriage bond that preserves her rights and self-respect.
To conclude our discussion of women’s status in Islam, let us always remember to differentiate between Islam and Muslims’ practice of Islam, which may vary greatly from the Islamic teachings. Indeed, they are two different things.
After all, let us ask a wise Muslim female, “Does she prefer the Western equity provided that she gives up her privileges granted by Islam?”

Application of Islamic Law

and Extremism

A wise person recognizes that the word “extreme” has relative meanings. What could be extreme to one person might be lenient to another. Even in the same country it changes from time to time. There was a time when some American states considered capital punishment as an extreme punishment, which should be abolished from the law. But now it seems like some of these states are going back to the capital punishment.
Then how can we define extremism?
To a Muslim, once he is convinced by sufficient evidence that a particular law is Divine, he has no doubt that this law is better than any man made law. For Allah is the One Who created humans and He knows best what is good for them.
Therefore, if a nation or the majority of the citizens chooses Islam as a complete package of laws that regulates the relations between the citizens themselves and between them and the others, then there is no room for not applying it in their private or public life. And as we know according to the Charter of the UN, every nation has the right to determine what is good for it.
True Muslims firmly believe that Islamic law will certainly secure felicity and peace for the accountable beings (the jinn and humans) in this temporary life as long as the majority acts upon it. They also believe that it also guarantees happiness in the Eternal Life if the individual implements most of it, provided that he does not take partners with Allah, the One God. Allah says: {Verily Allah forgives not that partners should be set up with him in worship, but He forgives anything lesser for whomever He wills.}([1])
It is true that Islam is very firm with some crimes and has assigned severe punishments for them, but it also made it clear that these punishments should not be applied without strong or unchallengeable evidence, according to strict rules. On the other hand, Islam is not the first to implement such laws, because these many of these laws are actually part of the Jewish and Christian laws as well.
Islam in general sets some basic rules and limits, which should not be tampered with. At the same time it provides, within the set boundaries, enough room to implement judgments that are results of interactions between the major sources of Islamic law and the careful diagnosis of reality.

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([1] ) Holy Quraan, 4: 48, 116.

Why Some Islamic Countries Enforce Extreme Punishments?

In fact, the Islamic government, as any other government, has to enforce the law that its people or the majority has chosen. If the people of any Islamic country have chosen Islam as a complete package of laws, then the government has no choice to but enforce it. Furthermore, the degree of severity here should not be measured by: (a) the opinion of a person regardless of whether he knows Islam or not, or whether he has conservative or liberal values. (b) Applications of the other Muslim countries. But it should be measured by the related texts in the Holy Quraan and the Prophetic traditions and what the knowledgeable jurists deduce from them. Reality says that the application of the Saudi government is lenient compared to the applications during the time of the Guided Caliphs or even the following generation. This is so, because the Saudi government is aware of the circumstances of today’s life where isolation is impossible and the temptation to violate Islamic teachings is great. Therefore, the Government is obliged to do its best to balance between the required degrees of firmness and to avoid being a cause of driving Muslims away from Islam completely.
In general, we notice that “punishment” In Islam is not meant to be a kind of revenge. But it is means of discipline for those who commit a crime or a deterrent to those who, otherwise, would easily commit it. Punishments can be classified under three categories:
1. A means of scaring away whoever thinks of committing the crime. It is so severe, but too difficult to implement. The only way to prove these crimes, is a completely willing confession to purify one’s self. An example of this is the death sentence for previously married person who commits adultery. For the Prophet once commented in the case of a woman who repeatedly confessed her guilt and was sentenced to death: “She has repented a repentance which can accommodate seventy people. Is there anything better than sacrificing herself in obedience to Allah?”([1])
2. A reasonable means of dispensation for a crime that has been committed.
3. A means of compensation for violated rights of a certain person, with an opportunity to waive application of penalty.

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([1] ) at-Termithi: al-Hudood.

Can an Islamic Government Abolish Capital Punishment?

First of all, Allah says: {O you who believe legal retribution [in the form of capital punishment] is prescribed in case of murder: the free for the free, the slave for the slave and the female for the female. But whoever overlooks from his brother [i.e. the killer] by his brother anything, then there should a suitable follow up and payment to him [the legal representative] with good conduct…}([1]) And Allah says about the grievance of the crime of killing an innocent person purposefully: {…If any one killed a person not in relation of murder or to spread mischief in the land, it would be as if he killed all mankind.}([2]) Therefore, if an Islamic government implements this law, it is only doing its duty.
Secondly, no government can afford not enforce the laws chosen by the majority.
It is clear from the above verse that Islam preserves the rights of the party concerned and leaves the door open for forgiveness. Very often, forgiveness may come at the last moment when the criminal has learned a lesson. This is fair because even according to the secular laws the government cannot pardon the captured thief along with what he had stolen without permission of the victim.
As a matter of fact, if we look at the reaction to the September 11 incident and the punishment approved by the Security Council, capital punishment is fully justified, because it is executed only when the criminal is proven guilty beyond doubt, and he alone will receive the punishment. This is to be compared to the unfair punishment actually carried out, which included thousands of helpless children, women and aged men who were either killed, injured or lost their shelters in the severe winter.
Allah says: {And there is life for you in legal retribution [i.e., capital punishment] o men of understanding that you may become pious.}([3])
In other words, to kill one guilty person helps save the lives of many innocent people. Besides, it might also save the life of the criminal, who may otherwise commit homicide carelessly, to be killed himself afterwards, in addition to the punishment in Hell-Fire in the Hereafter.
Indeed, killing one person proven beyond doubt to be a murderer of an innocent person is more merciful than allowing a criminal or a bunch of criminals to kill many innocent people randomly to fulfill personal whims or to realize some evil interest. So, Islam by enforcing this kind of punishment is trying to protect the lives of the innocent people and relieve them from the terror of being killed by some criminals. And this is exactly what most of the nations do. Even on the level of the UN, international peace cannot be maintained without punishments severe enough to maintain or restore peace.
If the evil party uses killing and destructive means to spread evil, why can’t the good party use it to combat evil and realize the public interest?
Islam forbids killing the innocent and forbids terrorizing the peaceful without sufficient reasons. It also forbids aggressors to occupy other people’s land and to drive the original people out of their homes, as the extremely fanatic Jews have been doing in Palestine.
Islam also considers supporting the criminals a crime, regardless of the type of support, whether it is financial, military or the “Veto” in the Security Council. Allah says: {And help you one another in virtue, righteousness and piety but do not help one another in sin and transgression.}([4])
Can Muslims Abolish the Punishment of Cutting the Thief’s Hand?

First of all, Allah says: {As for a male thief or a female thief cut off (from the wrist joint) their hands in recompense for what they committed, as a punishment from Allah.}([5]) Therefore, if an Islamic government implements this law, it is only doing its duty. Secondly, no government can afford not to enforce the laws chosen by the majority.
Islam protects the basic necessities of humans: his life, his mind, his property, his honor and his faith. A Companion ([6]) reported that Prophet Muhammad said on the Day of Sacrifice: ([7]) “O, you people. What is this day? The pilgrims said: It is a sacred day. He said: What place is this? They said: It is a sacred place. He said: what month is it? They said: It is a sacred month. He said: Your life, your properties and your honor are as sacred as this place, this month, and this day.”([8]) Therefore, transgressing against these things on purpose and intentionally deserves severe punishment that deters criminals from committing them. And theft terrorizes the community and also may cause homicide, either to facilitate the theft or to defend one’s self. However, there are very strict conditions to be fulfilled before carrying out the punishment.
Can Muslims Abolish the Punishment of Flogging the Fornicators?

First of all, Allah says: {The woman and the man guilty of illegal sexual intercourse flog each of them with a hundred lashes. Let not pity withhold you in their case, in a punishment prescribed by Allah; and let a party of the believers witness their punishment.}([9]) Therefore, if an Islamic government implements this law, it is only doing its duty. Secondly, no government can afford not to enforce the laws chosen by the majority.
If we study free sexual relationship and its outcome we find it one of the major contributors to many social problems, such as runaways, joining gangs, abandoned babies, committing crimes such as abortion, insecure marriages and weak family relations…. No wonder Islam regulates the sexual relationship in a way that permits a male or a female to satisfy the instinct of sex but also to shoulder responsibility to its outcome. So the community’s needs are kept in balance and the individual’s rights are preserved, especially the rights of the innocent infants and children. It is their right to find someone who takes care of them without putting the whole burden on the mother. It is not fair that both the male and female enjoy the sexual relation and the male gets away with it easily. In fact, those laws or resolutions calling for free sexual relations are only legalizing men’s exploiting females in the worst form of exploitation.
Even in cases of using contraceptives, in reality, we are depriving females from satisfying the motherhood instinct. Besides, the problem appears in another form; i.e., depriving the community or the nation of an essential sector of the population, the youth. The number of the aged will eventually increase while the number of the younger generation decreases. This will, certainly, have its negative social, economic and defense impacts on the nation. In addition to that, the illegal relationship may lead to the crime of revenge because of the natural jealousy.
For all these evils of free sexual relationship, Islam, which is concerned about the rights of the female and the helpless children, assigns a severe punishment that may secure a healthy, productive relationship between the two sexes.
It is true, the punishment is severe, but Islam requires proofs, which could be considered next to impossible, in order to leave room for the two to repent and to be covered. For example, to prove a person guilty of adultery there has to be four witnesses who are able to describe the sex act in detail. Not only that, to protect especially the females’ reputation Islam assigned a severe punishment for false accusation. Allah says: {And those who accuse chaste women and do not produce four witnesses flog them with eighty lashes and reject their testimony forever.}([10])

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([1] ) Holy Quraan, 2: 178.

([2] ) Holy Quraan, 5: 32.

([3] ) Holy Quraan, 2: 179.

([4] ) Holy Quraan, 5: 2.

([5] ) Holy Quraan, 5: 38.

([6] ) A Companion is a Muslim male or a female who saw Prophet Muhammad in
person.

([7] ) The Day of Sacrifice is the tenth day of the twelfth month according to the
Islamic calendar, when pilgrims offer their sacrifices.

([8] ) al-Bukhari: Haj.

([9] ) Holy Quraan, 24: 2.

([10] ) Holy Quraan, 24: 4.

Where is the Truth about Death Sentence for Adulterers?

The death sentence for an adulterer who has experienced marriage life is subject to a hot discussion. There are scholars who support the opinion that this punishment is still valid. Their evidence is that the Prophet executed this rule in case of Ma’ez al-Aslami([1]) the Ghamidi woman([2]) the Juhani woman([3]) and Shurahah.([4]) Also the Prophet said: “the adulterer [who had experienced marriage] deserves one hundred lashes and death sentence by stoning.”([5]) Umar the second Caliph said that the verse which imposed this rule has been removed from the Holy Quraan but not the ruling.([6])
There are others who said that this ruling of punishment is only to scare off a person from committing adultery because adultery was so widely spread at the advent of Islam. So, there was a need to stop it by announcing a very severe punishment, but, originally, it was not to be executed. This group summarizes its arguments in the following points:
1. Islam made it very difficult, actually next to impossible, to prove adultery by requiring four witnesses seeing the actual intercourse taking place in a way that is impossible under normal circumstances. Not only that, but it also threatened anyone who slander a chaste man or woman by accusing him/her of adultery to be lashed eighty lashes.([7]) It also gave the accused wife a chance to clear herself of this guilt only by giving four testimonies swearing by Allah that the accusation is false and a fifth oath that that the wrath of Allah be upon her if the accusing husband was truthful .([8])
2. All cases during the prophet’s time were executed based on a willful confession, and the Prophet (pbuh) desperately tried to avoid the need for applying the ruling. To take an example of Ma’ez, the Prophet turned away from him four times on different days, he asked the man’s folks about his mental situation and tried through embarrassing questions to dissuade him. Finally, when the Prophet was told that Ma’ez ran away during the execution of the judgment of stoning and they followed him, he said: Why did you not leave him alone?
Concerning the Ghamidi woman the Prophet kept delaying her punishment, hoping she would not come back and refrain from confession. She kept insisting till he told her, in the last time, to come back after she completed breast-feeding her child; i.e., two years of delay.
3. One person cannot commit adultery. Yet, in all cases except one the Prophet did not make any effort to find out who was the other party to be punished. The only case is when the husband took compensation from his wife’s partner and the case was presented before the Prophet.
4. The evidences of abrogation of the ruling is stronger because: (a) There was another ruling for a wife who commits adultery that was not stricken out of the Holy Quraan but the ruling was abrogated. (b) Therefore, if the verse was removed from the Holy Quraan, as claimed by some, the ruling must have been abrogated too.
In fact, the warning of very severe punishment is found in other cases such as cursing those who are involved in usury, a woman who use tattoo or does it for the others.([9]) Here, cursing does not mean praying for the person to be deprived from the mercy of Allah, but is used as an intensified warning.
This kind of regulation is familiar even in the man made law. For example, some states in the USA assign a fine of five hundred dollars for lettering on highways.
In general, when we look carefully at these forms of punishments we notice that they concentrate on the public’s rights. For whoever practices sex in a way that four people can describe up to the details is not violating the relative’s honor, but offends and challenges the public morals as well.

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([1] ) ibn Maajah: al-Hudood.

([2] ) Imam Ahmad: Bagi Musnad al-Ansar.

([3] ) Imam Ammad: Musnad al-Basriyeen.

([4] ) Imam Ahmad: al-Asharah al-Mubashareen bil Jannah.

([5] ) Muslim: al-Hudood.

([6] ) al-Bukhari: al-Hudood.

([7] ) Holy Quraan 24: 4.

([8] ) Holy Quraan 24: 6-9.

([9] ) for example al-Bukhari: the dealings.

Does a Person Deserve Death Sentence for Apostasy?

As we mentioned earlier, there is no compulsion in religion, but when a person chooses Islam willingly he is signing a life long bond with Allah. Therefore, some Muslim scholars justify the Prophet’s saying: “Whoever changes his religion kill him.”([1]) This, is in a way similar to a person who agrees to become a citizen of a country, which implements capital punishment for certain crimes. The agreement is binding on all parties, and no party can break from it without the consent of the other party. Furthermore, this ruling came when there were no sufficient records for the citizens, and the only way to distinguish between the different categories was religion.([2]) It was easy for the Muslims’ enemies to change their religion back and forth to create confusion among Muslims and to lure them into disbelief. So, there was a need to close this door, at least by declaring a severe punishment for those who did that.
Religion was a major form of identity; it imposes duties and grants privileges, which could be misused. The Islamic state, as any other state, does not allow people to play with the law or to exploit the national identity. As an example of exploitation of the Islamic identity the Holy Quraan reads: {A section of the people of the Book say: “Believe in the morning what is revealed to the Believers, But reject it at the end of the day: perchance they may themselves turn back.}([3]) It could also be added that Islam is the latest version of the Divine religion, and for a Muslim to turn back to Christianity or Judaism is reverting, but the other way around is a kind of advancement.
However, Muslim scholars have differed on the nature of this ruling, whether it is for literary implementation or it is only a threat, especially because of the following:
1. There is no agreement about applying that to females.
2. There is agreement about the necessity of the opportunity for repentance, but there is disagreement about its duration. In fact, some scholars are convinced that it is a life long opportunity because Allah says: {And whoever of you reverts from his religion (to disbelief) and dies while he is a disbeliever –for those their deeds have become worthless in this world and the Hereafter…}([4]) Also because the Prophet said that deeds are bound with to their endings.([5]) The prophet said too: “Allah accepts the repentance of his servant up to his last breath.”([6]) In another Prophetic tradition death punishment is tied up with taking a hostile position against Islam along with apostasy.([7])

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([1] ) al-Bukhari: al-Jihad.

([2] ) Islam experienced in Medina’s political entity the religious and race
multiplicity fourteen centuries ago.

([3] ) Holy Quraan 3: 72.

([4]) Holy Quraan, 2: 217. see Saheeh International translation.

([5] ) al-Bukhari: ar-Riqaq; see also Ismaeel pp. 54-55; and see Chapter 2: 217,
Ahmad: sanadul mukthreen mnas sahabah.

([6]) Ahmad: sanadul mukthreen minas sahabah.

([7]) al-Nisaee: tahreem addum.