Blasphemy and Apostasy in Islam: Debates on Shi'a Jurisprudence
Blasphemy and Apostasy in Islam: Debates on Shi'a Jurisprudence
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Abstract
Is it lawful to shed the blood of a man or a woman who insults the Prophet Muhammad? Does the Qur’an stipulate a worldly punishment for apostates? Beginning with a genealogy of religious freedom in contemporary Islam, this book tells the gripping story of Rafiq Taqi, an Azerbaijani journalist and writer, who was condemned to death by an Iranian cleric for a blasphemous news article in 2006. Delving into the most sacred sources for all Muslims – the Qur’an and Hadith – Mohsen Kadivar explores the subject of blasphemy and apostasy from the perspective of Shi’a jurisprudence to articulate a polarisation between secularism and extremist religious orthodoxy. In a series of online exchanges, he debates the case with Muhammad Jawad Fazel, the son of Grand Ayatollah Fazel Lankarani who issued the fatwa pronouncing death penalty on Taqi. While disapproving of the journalist’s writings, Kadivar takes a defensive stance against vigilante murders and asks whether death for apostasy reflects the true spirit of Islam. This book presents a back-and-forth debate between modern two Shi’a jurists (one conservative, one reformist) that locates the exact points of controversy surrounding apostasy and blasphemy. It engages with the broader subjects of religious freedom and human rights, addressing both secular and religious interests. The author’s extensive new introduction and annotations throughout the text brings the work up-to-date and place it in its academic and public contexts. Finally, the book takes a front-row seat to the debate on blasphemy and apostasy in Islam.
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Front Matter
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Introduction
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Part I Blasphemy and Apostasy
Mohsen Kadivar-
1
The Background of the Treatise
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2
Objections to the Fatwa of Assassination1
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3
Response to Doubts Surrounding Apostasy1
Mohammad Javād Fāzel Lankarānī
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2 Treatise on Refuting the Punishment for Blasphemy and Apostasy1
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Section I:
Issuing a Ruling on the Death Penalty by a Process that Falls Outside the Sphere of a Competent Court, and Subsequently Bestowing upon the General Public a Mandate to Implement it, will Engender Lawlessness and Anarchy
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Section II:
Claiming the Validity of the Death Penalty for Blasphemy and Apostasy is Based on One Deficient “Isolated Report”: (khabar al-wāḥid)
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Section III:
Refuting the Claim that Most of the Hadiths on Apostasy are “Mutawātir in Meaning or in their General Tenor”
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Section IV:
Refuting the Claim of Consensus (ijmā‘) and the Necessity to Implement the Death Penalty for Blasphemy and Apostasy
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Section V:
No One, during the Time of the Prophet, Imam Ali, and the Other Imams, was Sentenced to Death Solely for Apostasy
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Section VI:
The Absolute Cessation of the Ḥudūd Punishments or Those that Necessitate the Death Penalty and Injury, and Suspension during the Time of the Imam’s Occultation
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Section VII:
“Isolated Reports” (khabar al-wāḥid) are Non-probative (non-ḥujjiyya) in Matters of Critical Importance
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Section VIII:
Issuing Fatwas on Killing an Apostate or a Blasphemer Weakens and Impairs (wahn) Islam
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Section IX:
Alteration of the Subject (mawḍū‘) of Apostasy and Objecting to the Perpetual Applicability of the Death Penalty for Blasphemy and Apostasy
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Section X:
The Incompatibility of Executing a Blasphemer or an Apostate with Explicit Qur’anic Verses
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Conclusion
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1
The Background of the Treatise
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Part II The Freedom of Expression and Hate Speech – by Mohsen Kadivar
Mohsen Kadivar-
Section 1
Islam: Between the Freedom of Expression and the Prohibition of Hate Speech1
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Section 2
Letter of Censure to the Jurists who Issued the Latest Judgement on Apostasy
- Section 3 Insulting the Prophet is a Form of Hate Speech1
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Section 4
Request for Clarification from the Jurists who Defend “Suffocating the Religionists”
‘Alī Aṣghar Gharavī and‘Alī Aṣghar Gharavī
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Section 1
Islam: Between the Freedom of Expression and the Prohibition of Hate Speech1
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End Matter
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