The Islamic Ruling on the one who Insults The Rasul(May Peace and blessings be upon him)

by Abu Fidaa Ashami

بسم الله الرحمن الرحيم

All praise is due to Allah the Grand and Exalted. May blessings and peace be upon the cheerful warrior Muhammad, and upon his good and pure family. As to what follows:

Three Mujahideen brothers have attacked a French satirical magazine based in Paris, killing at least 12 people, including four cartoonists and two policemen on Wednesday 7/1/2015.The Magazine had printed cartoons depicting Rasulullah(saw) in the name of free speech.The ravens of  evil cawed as was expected of them among them was the Munafiq Yasir Gandhi of al Maghrib institute and tried to cast doubts into the hearts of the Mu’miniin that rejoiced at this noble and heroic act.I will bring proofs for the validity of this act amd May Allah accept it from our beloved brothers as an act of ibadah and cause us to be like them.

Ibn Taymiyyah(rh) 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 of the one who swears at the Prophetصلى الله عليه و سلم is execution. And from those who sad this was Mālik, Al-Layth, Ahmad and Is’hāq.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 سلمis 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 theUmmah is execution, and whoever doubts his kufr and his punishment, then he has disbelieved.” [As-Saarim Al-Maslool ‘Alaa Shaatim Ar-Rasool: pg. 12-13]

Examples from the sunnah:

With regard to the Sunnah, Abu Dawood (4362) narrated from ‘Ali that a Jewish woman  used to insult the Rasulullah(saw) and say bad things about him, so a man strangled her until she died, and Rasulullah ruled that no blood money was due in this case.

Shaykh al-Islam Ibn Taymiyah said in al-Saarim al-Maslool (1/162):

This hadeeth is jayyid, and there is a corroborating report in the hadeeth of Ibn ‘Abbaas which I will quote below.

This hadeeth clearly indicates that it was permissible to kill that woman because she used to insult the Prophet.

Abu Dawood (4361) narrated from Ibn ‘Abbaas that a blind man had a freed concubine (umm walad) who used to insult the Prophet and say bad things about him. He told her not to do that but she did not stop, and he rebuked her but she did not heed him. One night, when she started to say bad things about the Prophet and insult him, he took a short sword or dagger, put it on her belly and pressed it and killed her. The following morning that was mentioned to the Messenger of Allaah. He called the people together and said, “I adjure by Allah the man who has done this action and I adjure him by my right over him that he should stand up.” The blind man stood up and said, “O Messenger of Allaah, I am the one who did it; she used to insult you and say bad things about you. I forbade her, but she did not stop, and I rebuked her, but she did not give up her habit. I have two sons like pearls from her, and she was kind to me. Last night she began to insult you and say bad things about you. So I took a dagger, put it on her belly and pressed it till I killed her.” Thereupon the Prophet said: “Bear witness, there is no blood money due for her.” (Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 3655)

It seems that this woman was a kaafir, not a Muslim, for a Muslim could never do such an evil action and if she was a muslim that act would have made her an appostate.

Answering some of the doubts raised by the munafiqeen:

Doubt 1: Rasulullah used to  forgive those who insulted him so don’t kill in his name.

Sa’d ibn Abi Waqqaas said:
“On the Day of the Conquest of Makkah,Rasulullah(saw) granted safety to the people except for four men and two women, and he named them, and Ibn Abi Sarh… As for Ibn Abi Sarh, he hid with ‘Uthmaan ibn ‘Affaan, and when Rasulullah(saw) called the people to give their allegiance to him, he brought him to stand before Rasulullah He said, “O Prophet of Allaah, accept the allegiance of ‘Abd-Allaah.” He raised his head and looked at him three times, refusing him, then he accepted his allegiance after the third time. Then he turned to his companions and said: “Was there not among you any smart man who could have got up and killed this person when he saw me refusing to give him my hand and accept his allegiance?” They said, “We do not know what is in your heart, O Messenger of Allaah. Why did you not gesture to us with your eyes?” He said, “It is not befitting for a Prophet to betray a person with a gesture of his eyes.”

(Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 2334)

This clearly indicates that in a case such as this apostate who had insulted the Prophet (Saw), it is not obligatory to accept his repentance, rather it is permissible to kill him even if he comes repentant.

‘Abd-Allaah ibn Sa’d was one of those who used to write down the Revelation, then he apostatized by insulting Rasulullah.Then he became Muslim again and was a good Muslim, may Allaah be pleased with him.{Al-Saarim 115.}

With regard to proper understanding of the ahaadeeth:

The Ulamaa’ said that insulting Rsulullah has to do with two rights, the right of Allaah and the right of a human being. With regard to the right of Allaah, this is obvious, because it is casting aspersions upon His Message, His Book and His Religion. As for the right of a human being, this is also obvious, because it is like trying to slander Rasulullah by this insult. In a case which involves both the rights of Allaah and the rights of a human being, the rights of the human beings are not dropped when the person repents, as in the case of the punishment for banditry, because if the bandit has killed someone, that means that he must be executed and crucified. But if he repents before he is caught, then the right of Allaah over him, that he should be executed and crucified, no longer applies, but the rights of other humans with regard to qisaas (retaliatory punishment) still stand. The same applies in this case. If the one who insulted the Rasulullah repents, then the rights of Allaah no longer apply, but there remains the right of Rasulullah, which still stand despite his repentance.

If it is said, “Can we not forgive him, because during his lifetime Rasulullah forgave many of those who had insulted him and he did not execute them?”

The answer is:

Rasulullah sometimes chose to forgive those who had insulted him, and sometimes he ordered that they should be executed, if that served a greater purpose. But now his forgiveness is impossible because he is dead, so the execution of the one who insults him remains the right of Allaah, His Messenger and the believers, and the one who deserves to be executed cannot be let off, so the punishment must be carried out. {Al-Saarim al-Maslool, 2/438}

Insulting the Prophet is one of the worst of forbidden actions, and it constitutes kufr and apostasy from Islam, according to scholarly consensus, whether done seriously or in jest. The one who does that is to be executed even if he repents and whether he is a Muslim or a kaafir. If he repents sincerely and regrets what he has done, this repentance will benefit him on the Day of Resurrection and Allaah will forgive him but that will not help him in the worldly life because he will still be excecuted.

Doubt 2: That such a killing can only be carried out in a legitimate Islamic State by an Islamic ruller and since we have no legitimate Islamic state,we dont kill those who insult our Rasul we just refute them in debates!

We have seen from the example of the blind man who killed his concubine and Raulullah did not condemn that man for not reffering the matter to him before taking actions into his own hands.So it is permissible from the sunnah to kill anyone who insults Rasulullah without seeking the permission of any ruller.

secondly; even if we agreed with them that permission should be sought from the Islamic ruller,the most that can be said about that is that he is transgressing the position of the ruler, and the ruler may pardon the one who carried out a hadd punishment that must be carried out without referring the matter to him. 

Sheykhul Islam ibnu Taymiyyah says:

“Although this was a hadd punishment, it also comes under the heading of killing a harbi (a non-Muslim in a state of war against Islam), and it is permissible for anyone to kill a harbi. futhermore,Similar things happened at the time of Rasulullah, such as the hypocrite who was killed by ‘Umar without the permission of the Prophet, when the hypocrite did not agree with the ruling of the Prophet. Then Qur’aan was revealed approving ‘Umar’s action. And there was the daughter of Marwaan who was killed by that man, and the Prophet called him the supporter of Allaah and His Messenger. That is because the one whose execution becomes necessary because of his plot to corrupt the religion is not like one who is executed because of his sin of zina and the like. End quote {al-Saarim al-Maslool (285-286).}

And in the  end we inform everyone who calims that we have no legitimate Islamic State that we have a Khilafah and it is in;

Iraq,shaam,Egypt,Algeria,Libya,Biladul Haramayn(Saudi),Yemen and it is expanding.

May peace and Blessing be upon The best of the creation of Allah habibuna Muhammad ibn Abdillah.