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The Ruling on the One Who Insults the Prophet of Allaah

 

 

As-Salaamu ‘Alaykum

Lately, the issue of those who swear at or insult the Prophet صلى الله عليه و سلم has come up. The following is some of what the scholars of Islām have said regarding this issue.

Ibn Taymiyyah RA said:

The First Issue: That Whoever – be it Muslim or kāfir – Swears at the Prophet صلى الله عليه و سلم, Then It Is Obligatory to Execute Him

This is the Math’hab of the general mass of the People of Knowledge. Ibn Al-Munthir said: “The general mass of the People of Knowledge have formed consensus upon that the Hadd (punishment) of the one who swears at the Prophet صلى الله عليه و سلم is execution. And from those who sad this was Mālik, Al-Layth, Ahmad and Is’hāq. And it is the Math’hab of Ash-Shāfi’ī” He said: “And it is mentioned from An-Nu’mān: He is not killed, that which they are upon from shirk is greater.”And Abū Bakr Al-Fārisī, from the companions of Ash-Shāfi’ī, mentioned the Ijmā’ of the Muslims upon that the Hadd of the one who swears at the Prophet صلى الله عليه و سلم is execution, just as the Hadd of he who swears at other than him is whipping. And this Ijmā’ that he mentioned is understood as being the Ijmā’ of the first generations from the Sahābah and the Tābi’īn, or that he meant with that, their Ijmā’ upon that the one who swears at the Prophetصلى الله عليه و سلم, it is obligatory to kill him if he is a Muslim. And likewise, Al-Qādhī ‘Iyādh restricted it, as he said: “The Ummah has formed consensus upon the execution of the one who belittles him or swears at him from the Muslims.” And the Imām Is’hāq Ibn Rāhūyah, one of the Great Imāms, said: “The Muslims have formed consensus upon that whoever swears at Allāh, or swears at His Messenger صلى الله عليه و سلم, or rejects anything from that which Allāh ‘Azza Wa Jall Revealed, or kills a Prophet from the Prophets of Allāh ‘Azza Wa Jall, that he is a kāfir due to that, even if he accepts everything that Allāh Revealed.” And Al-Khattābī said: “I do not know anyone from the Muslims who differs regarding the obligation of his execution.” And Muhammad Ibn Sahnūn said: “The scholars have formed consensus upon that the one who swears at the Prophet صلى الله عليه و سلم, belittling him, is a kāfir, and the threat of the Punishment of Allāh is upon him, and his ruling according to the Ummah is execution, and whoever doubts his kufr and his punishment, then he has disbelieved.”

The Clarification Of The Opinion Relating To The Ruling Of The One Who Swears

And the clarification of the opinion regarding it is that the one who swears, if he is a Muslim, then he disbelieves and is executed, without any difference, and it is the Math’hab of the Four Imāms and other than them. And those from the Imāms who have mentioned the Ijmā’ upon that have past, like Is’hāq Ibn Rāhūyah and other than him. And if he is a Thimmī, then he is executed also in the Math’hab of Mālik and the People of Al-Madīnah, and the mentioning of their phrasings will come. And it is the Math’hab of Ahmad and the Fuqahā’ of the Hadīth. And Ahmad clearly stated that in many places.

Hanbal said: I heard Abū ‘Abdillāh saying: Everyone who swears at the Prophet صلى الله عليه و سلم or belittles him, whether he is a Muslim or a kāfir, then execution is upon him. And I see that he should be executed and not given Istitābah.” He said: And I heard Abū ‘Abdillāh saying: “Everyone who breaks the ‘Ahd and innovates an innovation in Islām like this, then I see execution upon him, they were not given the ‘Ahd and the Thimmah upon this.” And likewise, Abū As-Saqr said: I asked Abū ‘Abdillāh about a man from the People of Thimmah who swears at the Prophet صلى الله عليه و سلم, what is upon him? He said: If the Bayyinah is established upon him, then whoever swears at the Prophet صلى الله عليه و سلمis executed, whether he is a Muslim or a kāfir.” Both narrated by Al-Khallāl

And he said in the narration of ‘Abdullāh and Abī Tālib, and he was asked about someone who swears at the Prophet صلى الله عليه و سلم, he said: “He is executed.” It was said to him: “Are there Ahādīth regarding it?” He said: “Yes. Ahadīth, from them the Hadīth of the blind man who killed the woman. He said: I heard her swearing at the Prophet صلى الله عليه و سلم. And the Hadīth of Husayn, that Ibn ‘Umar said: Whoever swears at the Prophet صلى الله عليه و سلم is executed. And ‘Umar Ibn ‘Abdil-‘Azīz said: He is executed. And that is because whoever swears at the Prophet صلى الله عليه و سلم is a murtadd, and no Muslim swears at the Prophet صلى الله عليه و سلم.”

‘Abdullāh added: “I asked my father about one who swears at the Prophet صلى الله عليه و سلم, is he given Istitābah?” He said: “Execution has become obligatory upon him, and he is not given Istitābah. Khālid Ibn Al-Walīd killed a man who swore at the Prophet صلى الله عليه و سلم and did not give him Istitābah.” Both narrated by Abū Bakr in “Ash-Shāfī” And in the narration of Abī Tālib: “Ahmad was asked about the one who swears at the Prophet صلى الله عليه و سلم. He said: He is executed. He has nullified the ‘Ahd.” And Harb said: I asked Ahmad about a man from the People of Thimmah who swears at the Prophet صلى الله عليه و سلم. He said: He is executed if he swears at the Prophet صلى الله عليه و سلم.” Both narrated by Al-Khallāl, and he clearly stated this in other than these answers. So all of his sayings are clear statements regarding the obligation of executing him, and in that he has nullified the ‘Ahd, and there is nothing from him different than this. And likewise was mentioned from all of his companions, the earlier and the later of them, they did not disagree on that.” [1]

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[1] Ibn Taymiyyah’s “As-Saarim Al-Maslool ‘Alaa Shaatim Ar-Rasool” (The Unsheathed Sword Upon the One Who Curses the Messenger): pg. 12-13

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