disparaging or imputing mistakes or imperfections to the prophet
TRANSCRIPT
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The Shar’i judgment concerning those who make disparaging
remarks about Rasulullah Sall Allahu ‘alaihi wa Aalihi wa sallim
or impute imperfection to him.
Excerpts from Ash Shifa of Qadhi Iyadh Rahimuhullah
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Bismillahir Rahmanir Rahim
Alhamdulillahi Rabbil ‘Alameen. Wa Bihi nasta’een. Wa salaatu wa salaamu ‘alaa Sayyidul
wuldi Aadam, Muhammadur Rasulullahi wa Aalihi wa Sahbihi ajma’een. Wa ba’d.
In the United States there is a new trend among the children of practicing Muslims with
traditional Islamic beliefs toward a wayward sect that disparages Rasulullah Sall Allahu
‘alaihi wa Aalihi wa sallim. Some of the youth are attending Islamic seminars, learning
conversational Arabic and Qiraat of Holy Qur’an. In the process they are also taught
corrupt beliefs. Because they can speak Arabic and read Holy Qur’an it is assumed that they
are qualified to give bayan to the Muslims masses. In most cases this could not be further
from the truth.
Among the corrupted beliefs that are being taught our youth is that it is permissible to
harm Rasulullah Sall Allahu ‘alaihi wa Aalihi wa sallim by attributing imperfection, and
mistakes to him. This is not a new issue in the Muslim Ummah. Qadhi Iyadh Rahimuhullah
in his “Ash Shifaa” addressed this issue over 900 years ago.1 The Ashabul Kiram and the
Salaf and Khalaf and all of the true ‘Ulama were and are resolute in refuting anyone who
attributed imperfection to the character of Sayyidinaa Rasuli Akram Sall Allahu ‘alaihi wa
Aalihi wa Sallim.
When asked to present proof from Al Qur’an Majid and Sunnah that any amongst the
rightly guided Sahaba’s, the Salaf or the Khalaf said it was permissible to disparage or
attribute mistakes and imperfections to The Beloved of Allahu ta ‘ala, those who say it ispermissible cannot. Some have tried to make this issue an issue of Ahl Al Hadith vs. Barelvi,
or Salafi vs Barelvi etc. This could not be further from the truth. It is an issue of
understanding and having the correct Aqidah concerning the Prophets of Allahu ta ‘ala and
particularly understanding the Status of Sayyidinaa Rasuli Akram Sall Allahu ‘alaihi wa
Aalihi wa Sallim. To this end we will not quote any sources from the Illustrious ‘Ulama from
the Indo-Pak subcontinent. Though the majority of ‘Ulama from the Indo-Pak subcontinent
understood the matter correctly long before there was a Dar ul ‘Uloom at Barelvi.
The famous 6th century Hijra classical text Ash-Shifa is widely accepted as the best, most
comprehensive and most important book about the Messenger of Allah, may Allah blesshim and grant him peace. Its full Arabic title is Ash-Shifa' bi-ta'rif huquq Mustafa ("Healing
1Qadhi Iyadh Bin Musa (1083-1149) Rahimullah was from the North African city of Ceuta, Morocco then part of
the Andalusian Khilafa. He was a forthright Maliki ‘Alim and the greatest Qadhi of his era. He is also known to
have been the teacher of Ibn Rushd
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by the Recognition of the Rights of the Chosen One")2. Qadhi Iyadh writes in the
Introduction:
"You have repeatedly asked me to write something which gathers together all that
is necessary to acquaint the reader with the true stature of the Prophet, peace and
blessings be upon him, with the esteem and respect which is due to him, and withthe verdict regarding anyone who does not fulfill what his stature demands or who
attempts to denigrate his supreme status - even by as much as a nail-paring. I have
been asked to compile what our forebears and Imams have said on this subject and I
will amplify it with ayats from the Qur'an and other examples."
He further writes:
“Allah purified him in both spirit and body and protected him from all imperfections
and blemishes, and bestowed him with wisdom and judgment. Through him, Allah
opened eyes that were blind, hearts that were covered and ears that were deaf, andHe caused people to believe in Him. Those whom Allah had decreed happiness
honored and helped him, as for those to whom Allah had written wretchedness they
rejected and turned away from him. Allah says, "But he who is blind in this life shall
be blind in the Everlasting Life and will be further astray from the Path." 17:72 . May
Allah praise His Messenger with praising that increase continuously and may He
grant peace upon his family and Companions.”
Our intent here is to present the Evidence from Holy Qur’an Majid, Sunnah and thescholarly opinions of the Traditional Islamic scholars on the subject. Students of knowledge
should not be given the opportunity to make monumental mistakes in public. Mistakesmade in public should also be corrected in public. Knowledge of Qirat and Lughtul
Arabiyya alone does not qualify one to publicly express ones’ opinion. The traditional
Ulama spend years studying Islamic Aqaaid as well as other allied Islamic Sciences before
they were authorized to preach or teach. Ignorance is dispelled by the light of Knowledge.
His Eminence Shaykh Sayyid Mubarik ‘Ali Jilani Hafidhuhullah has mentioned that Allahu ta
‘ala always punishes the person who disrespects The Holy Last Messenger Sall Allahu
‘alaihi wa Aalihi wa sallim with some sort of loss even if he or she is allowed to repent. May
Allahu ta ‘ala protect us from harming the Beloved Nabiyy Sall Allahu ‘alaihi wa Aalihi wasallim, either by actions that contravene the Sunnah or by words unbefitting of his
esteemed rank, ameen.
Ustadh Muhammad Sa’id Hunafa Qadiri
Ramadhan 24, 1432
Jaam’ia Muhammadiyya
2 The English translation of “Ash Shifa” by Qadi Iyad is available at your better Islamic book resellers. No serikous
student, nay, no Muslim household should be without this valuable book.
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The judgments concerning those who think the Prophet
Sall Allahu ‘alaihi wa Aalihi wa sallim imperfect or curse him
Excerpts from Ash Shifa of Qadhi Iyadh Rahimuhullah
Introduction
The rights of the Prophet and the devotion, respect, esteem and honor that are owed to him
are made clear in the Book and the Sunna and the consensus of the community. In His Book,
Allah has made it haram to harm him. The community agrees that anyone among the
Muslims who disparages him or curses him is to be killed.
Allah says, "Those who harm Allah and His Messenger, Allah has cursed them in this world
and the Next World. He has prepared a humiliating punishment for them ," (33:57) and
"Those who harm the Messenger of Allah have a painful punishment," (9:61) and "It is not
for you to hurt the Messenger of Allah and you should not ever marry his wives after him.
That is something terrible with Allah." (33:53)
Allah says, prohibiting the use of equivocal expressions in respect of the Prophet , "O you
believe, do not say 'Observe us' but 'regard us' and listen." (2:104) This is because the Jews
used to say, "Observe us, Muhammad," i.e. listen to us and hear us. They were using an
equivocal expression, intending to make fun, so Allah forbade the believers to be like them
and cut off the means to doing so by prohibiting the believers from using that expression sothat the unbelievers and hypocrites would not be given an opportunity to insult and mock
the Prophet.
It is said that it was censured because it was a common expression among Jews which had
the meaning, "Listen, you did not hear." It is also said that was censured because, for the
Ansar, it contained lack of manners and lack respect and esteem because in the Ansari
dialect it meant, "Look at us, and will look at you." They were forbidden to say it since it
meant that they could only look at him when he looked at them. The Prophet, may Allah
bless and grant him peace, must be observed whatever the case.
Similarly he forbade the use of his kunya saying, "Name yourselves with my but do not usemy kunya." This was to protect himself and guard himself harm since he had once
answered a man who called out, "Abu'l- Qasim!" the man said, "I did not mean you. I was
calling him."
After this it was forbidden to use his kunya as a name so he would not be annoyed by
answering a call addressed not to him but to someone else. The hypocrites and mockers
made this a means of annoying and belittling him. They would call him, and then when he
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turned, they would say, "We meant this one," pointing to someone else. Their intention was
to inconvenience him and belittle him as is the custom of mockers and the insolent. The
Prophet was protected from their harm in every way. The meticulous `ulama’ restrict this
prohibition to the time he was alive and allow the Prophet’s kunya to be used after his
death since the cause of harm is no longer there.
People have taken different positions regarding this hadith. This is not the place to discuss
it, and what we have mentioned below is the position most people adhere to and the
correct one, Allah willing. It is based on esteem and respect for him, and is a
recommendation, not a prohibition.
This is why he forbade the use of his name since Allah had forbidden that he be called by
his name when He said, "Do not make your calling the Messenger among you like your
calling each other." (24:63) Therefore the Muslims called him "Messenger of Allah",
"Prophet of Allah" and some of them called him by his kunya, "Abu'l-Qasim", in certain
instances.
Anas related from the Prophet something that indicates that it is disliked to call people by
his name since it could cause disrespect, "You call your sons Muhammad and then you
curse them."
Abu Ja'far at-Tabari related that 'Umar wrote to the people of Kufa, "Do not call anyone by
the name of the Prophet." Muhammad ibn Sa'd related that he observed a man called
Muhammad while another man was cursing him and saying to him, "May Allah do such a
thing to you, Muhammad!" 'Umar said to his nephew, Muhammad ibn Zayd ibn al-Khattab,
"I do not think that Muhammad, may Allah bless him and grant him peace, should be cursed
on account of you. By Allah, you will not be called Muhammad as long as I am alive." He
called him 'Abdur-Rahman. By doing this, he wanted to forbid people being called with thenames of Prophets out of the desire to honor them, so he changed their names and said, "Do
not name yourselves with the names of the Prophets," and he did not say anything further
on it.
The correct position is that using the Prophet's name and kunya is permitted after the
death of the Prophet by the proof of the agreement of the Companions about it. Some of
them named their sons Muhammad and gave them the kunya, Abu'l-Qasim.
It is related that the Prophet gave 'Ali permission to do so and the Prophet also said that his
name would be the name of the Mahdi and his kunya.
The Prophet used his name for Muhammad ibn Talha, Muhammad ibn 'Amr ibn Hazm,
Muhammad ibn Thabit and others. He said, "It will not harm any of you to have one, two or
three Muhammad’s in the house."
The Judgment of the Shari'a regarding someone
who curses or disparages the Prophet
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Know that all who curse Muhammad, may Allah bless him and grant him peace, or blame him
or attribute imperfection to him in his person, his lineage, his deen or any of his qualities, or
alludes to that or it’s like by any means whatsoever, whether in the form of a curse or
contempt or belittling him or detracting from him or finding fault with him or maligning him,
the judgment regarding such a person is the same as the judgment against anyone who
curses him. He is killed as we shall make clear. This judgment extends to anything whichamounts to a curse or disparagement. We have no hesitation concerning this matter, be it a
clear statement or allusion.
The same applies to anyone who curses him, invokes against him, desires to harm him,
ascribes to him what does not befit his position or jokes about his mighty affair with foolish
talk, satire, disliked words or lies, or reviles him because of any affliction or trial which
happened to him or disparages him, because of any of the permissible and well-known
human events which happened to him. All of this is the consensus of the 'ulama' and theimams of fatwa from the time of the Companions until today.
Abu Bakr ibn al-Mundhir said that the bulk of the people of knowledge agree that whoevercurses the Prophet is killed. These include Malik ibn Anas, al-Layth, Ahmad ibn Hanbal and
Ishaq ibn Rahawayh, and it is the position of the Shafi'i school. Qadi Abu'l-Fadl said that it is
based on the statement of Abu Bakr as-Siddiq. His repentance is not accepted. Something
similar was stated by Abu Hanifa and his people, ath-Thawri and the people of Kufa and al-Awza'i about the Muslims. However, they said that it constitutes apostasy.
At-Tabari related something similar from Abu Hanifa and his companions about anyone
who disparages the Prophet, proclaims himself quit of him or calls him a liar.
Sahnun said about those who curse the Prophet, "This is apostasy in exactly the same way
as heresy (zandaqa) is. Therefore there is some dispute about whether such a personshould be called to repent (as a Muslim) or whether he is an unbeliever. Is he to be killed
by a hadd-punishment (as a Muslim) or for disbelief?" We will make this clear in Chapter
Two. We do not know of any dispute among the 'ulama' of the community and the Salaf regarding the permissibility of shedding his blood.
Several people have mentioned that the consensus is that he is to be killed and considered
an unbeliever. One of the Dhahirites, Abu Muhammad ibn Ahmad al-Farisi, however,
indicated that there is some disagreement about whether to consider someone who
belittles the Prophet as an unbeliever. The best-known position has already been stated.
Muhammad ibn Sahnun said that the 'ulama' agree that anyone who reviles the Prophet and disparages him is an unbeliever and the threat of Allah's punishment is on him. The
community's judgment on him is that he be killed. Anyone who has any doubts about such a
person's disbelief and punishment is also an unbeliever. For a proof of this, Ibrahim ibn
Husayn ibn Khalid, the faqih, uses the instance of Khalid ibn al-Walid killing Malik ibn
Nuwayra for referring to the Prophet as "your companion."'
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Abu Sulayman al-Khattabi said, "I do not know of any Muslim who disagrees about thenecessity of killing such a person if he is a Muslim."
Ibn al-Qasim reports from Malik in the book of Ibn Sahnun, the Mabsut, and the 'Utibiyya
and Ibn Mutarrif relates the same from Malik in the book of Ibn Habib, "Any Muslim who
curses the Prophet is killed without being asked to repent."
Ibn al-Qasim said in the 'Utibiyya, "Anyone who curses him, reviles him, finds fault with
him or disparages him is killed. The community says that he should be killed just like the
dualist. Allah made it obligatory to respect the Prophet and be dutiful to him."
In the Mabsut from 'Uthman ibn Kinana we find, "Any Muslim who reviles the Prophet is
killed or crucified without being asked to repent. The Imam can choose between crucifying
him or killing him." In the variant of Abu'l-Mus'ab and Ibn Abi Uways, they heard Malik say,
"Anyone who curses the Messenger of Allah, may Allah bless him and grant him peace,
reviles him, finds fault with him or disparages him is killed, be he Muslim or unbeliever,
without being asked to repent."
Asbagh said, "He is killed in every case, whether he conceals it or makes it public, without
being asked to repent because his repentance is not recognized." 'Abdullah ibn 'Abdul-
Hakam said that and at-Tabari related something similar from Malik Ibn Wahb related that
Malik said, "Anyone who says that the Prophet's cloak (or button) was dirty, thereby
intending to find fault with him, should be killed."
One of our 'ulama says that people agree that anyone who curses any of the Prophets using
the expression "Woe to him" or anything disliked is to be killed without being asked to
repent.
Abu'l-Hasan al-Qabisi gave a fatwa that a man who called the Prophet "the porter, theorphan of Abu Talib" should be killed.
Abu Muhammad ibn Abi Zayd gave a fatwa to kill a man who was listening to some people
discussing what the Prophet looked like. When a man with an ugly face and beard walked
by, he said to them, "You want to know what he looked like? He looked like this passer-by
in physique and beard." Abu Muhammad said, "His repentance is not accepted. He lied, mayAllah curse him. That could not come out of a heart with sound belief."
Ahmad ibn Abi Sulayman, the companion of Sahnun, said, "Anyone who says that the
Prophet was black should be killed."
He was told about a man to whom someone said, "No, by the right of the Messenger of
Allah," and he replied, "Allah did such a thing to the Messenger of Allah," mentioning some
ugly words. People said to him, "What are you saying, enemy of Allah?" Then he said some
even harsher things and added, "I wish for a scorpion for the Messenger of Allah." When
someone asked him for fatwa about this man, lbn Abi Sulayman said, "Testify against him
and I will be your partner," i.e. in killing him and getting the reward. Habib ibn ar-Rabi' said
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that is because trying to explain away the literal expression is not accepted because it isclear contempt and lack of respect for the Messenger of Allah. His blood is permitted.
Abu 'Abdullah ibn 'Attab gave a fatwa about a tax-collector who said to a man, "Pay and
complain to the Prophet. If I ask or am ignorant, the Prophet was ignorant and asked," to
the effect that he be killed.
The fuqaha' of Andalusia gave a fatwa that Ibn Hatim, the scholar of Toledo, be killed and
crucified because there was testimony that he made light of what is due to the Prophet. In
the course of a debate, he called him "the orphan" and the in-law of the lion (i.e. 'Ali)," and
claimed that his doing-without (zuhd) was not intentional. He alleged that if he had been
able to have good things, he would have eaten them. He said other similar things.
The fuqaha' of the Qayrawan and the companions of Sahnun gave a fatwa for the killing of
Ibrahim al-Ghazari, a poet and master of many sciences. He was one of those who attended
the assembly of Qadi Abu'l-'Abbas ibn Talib for debate. He was accused of objectionable
things like mocking Allah, His Prophets and our Prophet. Qadi Yahya ibn 'Umar and otherfuqaha' summoned him and commanded that he be killed and crucified. He was stabbed
and crucified upside down. Then he was brought down and burned. One of the historians
related that when the post to which he was tied was lifted up, the body turned around away
from qibla. It was a sign to all and the people said, "Allah is greater!" Then a dog came and
licked his blood. Yahya ibn 'Umar said, "The Messenger of Allah, may Allah bless him and
grant him peace, spoke the truth," and he mentioned a hadith in which the Prophet said, "A
dog will not lick a Muslim's blood."
Qadi Abu 'Abdullah ibn al-Murabit said, "Whoever says that the Prophet was defeated is
asked to repent. If he repents, it is all right. If not, he is killed because it detracts from the
Prophet. Such a disparaging remark could not be said about the Prophet by anyone withunderstanding of his affair and certainty about his inviolability."
Habib ibn Rabi' al-Qarawi said that the school of Malik and his companions is that anyonewho says anything disparaging about the Prophet is killed without being asked to repent.
Ibn 'Attab said that the Book and Sunna require that someone who intends to even slightly
harm or disparage the Prophet, either by allusion or clear statement, must be killed.
Anything like this which is something that the 'ulama' consider to be a curse or
disparagement necessitates that the one who says it be killed. Neither the early or later
people disagree about that, but they disagree about the basis for killing him as we haveindicated. We will make this clear later.
This is also my position regarding the judgment of anyone who belittles him or insults him
about having been a shepherd, oversight, forgetfulness, sorcery, any wound he received,
the defeat of one of his armies, injury by an enemy, the intensity of his illness or his being
attracted to his wives. The judgment of all this is that the one who intends to disparage him
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by it is killed. The position of the 'ulama' is as we have already stated and it will be provedby what follows.
The proof of the necessity of killing anyone who
curses the Prophet or finds fault with him
The Qur'an says that Allah curses the one who harms the Prophet in this world and He
connected harm of Himself to harm of the Prophet. There is no dispute that anyone who
curses Allah is killed and that his curse demands that he be categorized as an unbeliever.
The judgment of the unbeliever is that he is killed.
Allah says, "Those who harm Allah and His Messenger, Allah has cursed them in this world
and in the Next, and has prepared for them a humiliating punishment." (33:57). He said
something similar about those who kill the believers. Part of the curse on them in this
world is that they are killed. Allah says, "Cursed they will be. Wherever they are found, theyare seized and all slain." (33: 61) He mentions the punishment of those who fight, "That is
humiliation in this world for them." (5:45) "Killing" (qatl) can have the meaning of "curse".
Allah says, "May the conjecturers be killed!" (51:11) and "May Allah fight them! How they
are perverted!" (9:30) i.e. may Allah curse them.
This is because there is a difference between their harming Allah and His Messenger and
harming the believers. Injuring the believers, short of murder, incurs beating and
exemplary punishment. The judgment against those who harm Allah and His Prophet is
more severe - the death penalty.
Allah says, "No, by your Lord, they will not believe until they have you judge between themin what they disagree about." (4:65) He removes the badge of belief from those who find an
impediment in themselves against accepting the Prophet’s judgment and do not submit to
him. Anyone who disparages him is opposing his judgment.
Allah says, "O you who believe, do not raise your voices above the voice of the Prophet and
be not loud in your speech to him as you are loud to one another lest your actions fail. "
(49:3). Such an action only comes about through disbelief and the unbeliever is killed.
Allah says, "When they come to you, they greet you with a greeting which Allah nevergreeted you with." Then He says, "Jahannam is enough for them, an evil homecoming." (58:9)
Allah says, "Among them are those who harm the Prophet and say that he is all ear," (9:61)
and, "Those who harm the Messenger of Allah have a painful punishment." (9:63)
Allah says, "If you ask them, they will say, 'We were only plunging and playing.' Say, 'What,
were you then mocking Allah, His signs and His Messenger? Make no excuses. You have
disbelieved after your belief."' (9:67-68) The commentators say, "You have disbelieved"
refers to what they have said about the Messenger of Allah.
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We have already mentioned the consensus. As for the traditions, al-Husayn ibn 'Ali related
from his father that the Messenger of Allah said in respect of this matter, " Whoever curses aProphet, kill him. Whoever curses my Companions beat him."
In a sound hadith the Prophet commanded that Ka'b ibn al-Ashraf be killed. He asked, "Who
will deal with Ka'b ibn al-Ashraf? He has harmed Allah and His Messenger." He sent someone to assassinate him without calling him to Islam, in distinction to other idol-
worshippers. The cause of that lay in his causing harm to the Prophet. That indicates that
the Prophet had him killed for something other than idol-worship. It was for causing harm.
Abu Rafi,' who used to harm the Messenger of Allah and work against him, was also killed.
Similarly on the Day of the Conquest, he ordered the killing of Ibn Khatal and his two slave
girls who used to sing his curses on the Prophet.
In another hadith about a man who used to curse the Prophet, the Prophet said, "Who will
save me from my enemy?" Khalid said, "I will," so the Prophet sent him out and he killed
him.
Similarly the Prophet commanded that a group of unbelievers who used to injure and curse
him, like an-Nadr ibn al-Harith and 'Uqba ibn Abi Mu'ayt, be killed. He promised that a
group of them would be killed before and after the conquest. They were all killed except for
those who hurried to become Muslim before they were overpowered. Al-Bazzar related
from Ibn 'Abbas that 'Uqba ibn Abi Mu'ayt cried out, "O company of Quraysh, why is it that I
alone among you am to be killed without war?" The Prophet said, "For your disbelief and
your forging lies against the Messenger of Allah."
'Abdu'r-Razzaq mentioned that a man cursed the Prophet, causing the Prophet to say, "Who
will save me from my enemy?" Az-Zubayr said, "I will." He sent az-Zubayr and he killed him.
It is related that a woman used to curse the Prophet and he said, "Who will save me from
my enemy?" Khalid ibn al-Walid went out and killed her.
It is related that a man forged lies against the Prophet and he sent 'Ali and az-Zubayr to killhim.
Ibn Qani' related that a man came to the Prophet and said, "Messenger of Allah, I heard my
father say something ugly about you, so I killed him," and that did not distress the Prophet.
Al-Mujahir ibn Abi Umayya, the Amir of Yemen, reported to Abu Bakr that a woman therein the time of the Ridda chanted curses against the Prophet, so he cut off her hand and
pulled out her front teeth. When Abu Bakr heard that, he said to him, "If you had not done
what you already did, I would have commanded you to kill her because the hadd regardingthe Prophet is not like the hadd regarding others."
Ibn 'Abbas said that a woman from Khatma satirized the Prophet and the Prophet said,
"Who will deal with her for me?" A man from her people said, "I will, Messenger of Allah."
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The man got up and went and killed her. He told the Prophet who said, "Two goats will not lock horns over her."
Ibn 'Abbas said that a blind man had an umm walad who used to curse the Prophet. He
scolded her and restrained her, but she would not be restrained. That night she began to
attack and revile the Prophet, so he killed her. He told the Prophet about that and he said hehad shed her blood with impunity.
In the hadith of Abu Barza as-Aslami it says, "One day I was sitting with Abu Bakr as-Siddiq
and he became angry at one of the Muslim men." Qadi Isma'il and other Imams said that the
man had cursed Abu Bakr. An-Nasa'i related it as, "I came to Abu Bakr and a man had been
rude and answered him back. I said, 'Khalif of Allah, let me strike off his head!' He said, 'Sit
down. That is not for anyone except the Messenger of Allah, may Allah bless him and grant
him peace.'
Qadi Abu Muhammad ibn Nasr said, "No one disagreed with him." So the Imams take this,
as a proof that anyone who does anything that might anger, harm or curse the Prophet inany way should be killed.
There is also the letter of 'Umar ibn 'Abdu'l-'Aziz to his governor in Kufa. He had asked his
advice about killing a man who had cursed 'Umar. 'Umar wrote back to him, "It is not lawful
to kill a Muslim for cursing anyone except the Messenger of Allah. Whoever curses him, his
blood is lawful."
Harun ar-Rashid asked Malik about a man who had reviled the Prophet and he mentioned
to him that the fuqaha' of Iraq had given a fatwa that he be flogged. Malik became angry
and said, "Amir al-Mu'minin! There is no continuation for a community after it curses its
Prophet! Whoever curses the Companions of the Prophet is to be flogged."
I do not know which of those Iraqi fuqaha' gave Harun ar-Rashid that fatwa. We have
already mentioned that the school of the people of Iraq is that he be killed. Perhaps they
were among those who were not known for knowledge or those whose fatwas were
unreliable or idiosyncratic, or it is possible that what the man said was not taken to be a
curse and there was a dispute as to whether or not it was a curse or he had retracted it and
repented of it. None of these things were mentioned to Malik at all. However, the consensus
is that anyone who curses him is to be killed as we have already stated.
That he is to be killed can be deduced by reflection and consideration. Anyone who curses
or disparages the Prophet has shown clear symptoms of the sickness of his heart and proof of his real convictions and belief. That is why most of the 'ulama' judge him to be an
apostate. This is what is transmitted by the people of Syria from Malik, al-Awza'i, ath-
Thawri, Abu Hanifa and the people of Kufa.
The other position is that it is not a proof of disbelief, and so the person in question is killed
by the hadd-punishment but he is not adjudged to be an unbeliever unless he persists in his
words, not denying them nor refraining from them. To be judged an unbeliever, his
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statement must either be a clear statement of disbelief, like calling the Prophet a liar, or
originate from mocking words and censure. His open avowal of what he said and lack of
repentance for it is an indication that he finds it lawful and this constitutes disbelief, so
there is no disagreement that he is an unbeliever. Allah says about people like this, "They
swear by Allah that they did not speak. They said the words of disbelief. They disbelieved
after their Islam." (9:76)
The commentators said that this refers to the statement, "If what is said by Muhammad is
true, we are worse than monkeys."
It is said that it refers to what one of them said, "Our likeness with respect to that of
Muhammad is only as the words of the one who says, 'Feed your dog and it will devour
you.' When we return to Madina, the mighty will drive out the weaker."
It is said that even if the one who says this conceals it, the same judgment applies to him as
to the heretic and he is killed because he has changed his deen. The Prophet said, "Strike off
the heads of all who change their deen ."
Because upholding the Prophet's honor is an obligation owed by his entire community and
anyone who curses a free man of his community is given a hadd-punishment, the
punishment of someone who curses the Prophet is that he is to be is killed because of the
immensity of the worth of the Prophet and his elevation over others.
The judgment regarding someone who
maligns the Prophet without deliberation
or really believing what he has said
We have already discussed killing the person who, with intent, curses the Prophet, belittleshim or slights him in any way. The judgment in this case is clear.
The second case concerns when it is necessary to clarify what someone has said. This
applies to someone who speaks about the Prophet without intending to curse or belittle
him and not believing his words to be true, but who nonetheless speaks about the Prophet
using words of disbelief which curse him, revile him or call him a liar or ascribe to him
something that is not permitted or deny one of his necessary attributes, all of which
constitutes disparagement in respect of him. For instance, he might ascribe a major wrong
action to the Prophet, or say that he had failed to convey the message or had fallen short in
a judgment between people or he might lower his rank, the honor of his lineage, the extent
of his knowledge or his asceticism, or deny a famous matter reported from him which hascome by many paths of transmission with the intention of refuting the report, or say
something insolent and ugly or of a cursing nature in respect of him. However, the state of
this individual indicates that he does not mean to censure the Prophet nor to curse him but
that ignorance, discontent, drunkenness, carelessness, arrogance or hasty speech has led
him to say what he has said.
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The judgment in this case is the same judgment as that applied to the first individual. Such
a person is killed without hesitation since no one is excused for disbelief by ignorance or by
claiming a slip of the tongue or by any of the things, which we have mentioned if his
intellect is basically sound. The only exception is when someone is forced to do it while his
heart is at rest in belief.
This was the fatwa given by the people of Andalusia against Ibn Hatim when he denied theasceticism of the Messenger of Allah and his family.
Muhammad ibn Sahnun said that someone in the hands of the enemy who curses the
Prophet is killed unless it is known that he was forced to become Christian or was
compelled to say that against his will. Abu Muhammad ibn Abi Zayd said that one cannot
claim the excuse of a slip of the tongue in the cases of this kind.
Abu’l-Hasan al-Qabisi gave a fatwa that someone who reviles the Prophet while he is drunk
should be killed because it is assumed that the drunkard believes that and does it when he
is not drunk. Furthermore, the hadd-punishments for slander, murder and all the hudud are not removed by drunkenness because the person brought the state of drunkenness on
himself. This is because someone who drinks wine knowing that it will confuse his intellect
and cause him to do disliked things is the same as someone who intends doing the things
that this will inevitably bring about. It is on this basis that we make divorce, emancipation,
retaliation and the hadd-punishments binding on the drunkard.
This judgment is not refuted by the hadith in which Hamza said to the Prophet, "Are you
other than the slave of my father?"
The Prophet knew that Hamza was drunk and turned away because at that time wine had
not yet been forbidden. Thus there was no wrong action in the offences ensuing from it.The judgment was that what ensued from it was pardoned as is the case with what ensuesfrom sleep or drinking a trustworthy remedy.
Here ends the excerpts from “Ash Shifa by Qadhi Iyadh” as translated By Ustadha Aisha
Bewley Hafidhahullah.
Wa maa ‘alaina illal balaaghul mubeen. Wa Sall Allahu ta ‘ala ‘alaa Khayri KhalqihiSayyidinaa wa Mawlaana Muhammad, wa ‘Aalihi wa Sahbihi wa sallim.