Reading Islam

Dear Brothers and Sisters, First of all thank you for your website.

I have researched into all three major religions and Islam is the one for me because it has the only logical answer. I love the religion and I am 99.9% ready to take my Shahadah.

Yet I feel that some specific principles and rules in Islam are too difficult for me to accept and this sort of prevents me from embracing Islam at the moment. I pray to God to help me and give me answers to those outstanding issues. Could you please help me with those unanswered questions?

Here are my questions:

1. My first question is regarding the death penalty and leaving Islam. It has been confirmed to me that it is true that if a person decides to leave Islam, he should be executed. Isn't this against the preaching of Islam and Allah, Who says that He gave us a free will to choose bad or evil actions? Obviously, if a person decides to leave Islam, he chooses a bad path and he will never go to Heaven. We should be very angry or upset about it but not kill him. The Qur'an does not say whatsoever to kill him. It only says that he or she will never taste Heaven.

Don't you think that if we give him the prescribed 3 days to rethink his decision — but knowing that if he does not change his mind, he will be killed — then he is given free will? He might go back to Islam just to avoid death but inside he will hate Islam. Whereas if he has the free will and we discuss with him why he wants to leave Islam and re-educate him, then he might become humble and from his heart become an even better Muslim.

If not, then it is his choice, he will burn in Hell in the hereafter. But then we have done our best. Why should we be the killers? Isn't Islam about tolerance, peace, and abstaining from violence? Our Lord will deal with him when he is standing in front of Him.

Don't you think that this rule of killing him portrays Islam as violent and intolerant to non-Muslims whom we are supposed to call to our religion by highlighting the unique qualities of Islam? Don't we produce hatred if we insist on applying this rule? There are many ex-Muslims who absolutely hate Islam because they were tortured or escaped a death. What they are doing now is writing very bad and misleading books against Islam and fighting to destroy Islam.

And guess what? The non-Muslims feel so sorry for them and they listen to them because for non-Muslims it is barbaric to see someone stoned to death because he chose a different life. I honestly believe that if we leave them alone and instead of killing them, feel sorrow or anger for them, we would demonstrate how peaceful our religion is. This might even turn more non-Muslims to our religion faster than it is happening nowadays. Even the confused ex-Muslim might come back and everybody would be happy, instead of having the person killed and leaving his family behind. Could you please comment on my thoughts?

2. My second question regards polygamy. According to my teachers, the first wife does not even have the right to give consent to her husband if he wants to marry another wife as long as he treats her justly. Is it true? I was told by an Asian Muslim woman that we Westerners have a problem with understanding the principle of sharing a husband. Asian women are used to this and don't see anything wrong with it. For me it is so repulsive to imagine my beloved husband having another woman, making love to her and then the next day coming to me and making love to me. I find it very perverse.

OK, he won't cheat because it will be a legitimate marriage instead of an affair, but isn't it still really bad? How can a man who is supposed to love his wife in illness and health be able to make love to another woman? Then he is not in true love with his first wife. I would understand this rule if it was practiced under emergency circumstances such as after a war when there are a lot of widows who can't support their families, or in a society when women outnumber the men. But not when normal conditions exist. Then I firmly believe that there is absolutely no need for a man to have another wife.

Is it possible to have a premarital contract and express your total disagreement in case your husband marries another woman? I have read that this contract is not allowed in Islam. Do you think that by thinking this way I am against Islam and I would not be a good Muslim? This is what I am afraid of. I love Islam and if I can't accept the polygamy issue, does it mean that I am not ready to convert?

3. My third question is about adultery. A woman would be stoned to death. OK. I agree that there must be a strict legal system with strict punishments for a society to be decent and not risk behavior that is prohibited. Again, my question is based on the judicial mistakes that happen to innocent people who were sentenced to death.

As with any death penalty, in the United States for example, this is the risk. A married woman could be raped by an ill-minded group of rapists (you must admit that even in a good society there are black sheep). Of course they don't want to be caught so they rather work together. She will report them. Yet, the one rapist might say that his mates are his witnesses who would happily lie for him, saying that she had an affair with one of them and that they saw her going in the house or that they caught them.

And because she knows that they saw her, she is not blaming them for a rape; one word of hers against their word. Who would the court believe? The court would sentence her to death by stoning but she would be innocent, leaving her children and beloved husband against her will. I am against death penalties in cases where the evidence is not 100 percent solid. But as we can see in most Islamic countries, the courts are run by corrupted individuals and painful injustice is taking place against innocent people.

Is there a way to ensure that if we change England into an Islamic country that it will not turn out to be another non-exemplary Islamic state like in Middle East? Maybe I just go into too many details but I can't help it.

Since I was young I was always deeply hurt when I saw people suffering because of avoidable injustice. You have no idea how much I want to embrace Islam and feel at home. I am worried that these questions I have would anger people and they might think of me as a bad Muslim. Trust me I will be a good Muslim and I would love to promote my religion to non-believers and show them the true face of Islam and its beauty.

I hope that you don't find my questions offending. If you could answer me it would change my life. I will pray that my answers come very soon. Thank you very, very much.

Sister to be.

Salam, Sister-to-be Adriana.

May Allah guide you, bless you and reward you for your choice of Islam!

Let me respond to your questions one by one.

First, I will answer your question about a Muslim leaving Islam.

Actually, there is a lot of confusion about this issue of apostasy. As you have noted, the Noble Qur'an does not prescribe death penalty for deserters of Islam, but rather states that they would be in Hell in the hereafter (2:217).

Here is a verse that directly refers to people who abandon their faith after accepting it. It says what means:

*{But those who reject faith after they accepted it, and then go on adding to their defiance of faith never will their repentance be accepted; for they are those who have [of set purpose] gone astray.}* (Aal-`Imran 3:90)

As you can see, there is no mention here of the death penalty for the deserters.

But there are Muslim scholars of respected opinions who believe in the death penalty for apostates because of hadiths that mention it. If we study the context of these hadiths, we can see that the ruling was with reference to certain specific cases of miscreants who wished to undermine Islam, by joining Islam first and then deserting it. This is mentioned in the following verse that says what means:

*{A section of the People of the Book [Jews and Christians] say: "Believe in the morning what is revealed to the believers [Muslims], but reject it at the end of the day; perchance they may [themselves] turn back [from Islam]."}* (Aal `Imran 3:72)

In order to protect Islam from such malicious attempts to subvert it, the Prophet ordered the death penalty for such people. This indeed was a drastic step adopted by the Prophet to ensure the solidarity of the nascent Muslim community in those days. If it had been a general ruling applicable for all occasions, this would have been stated in the Qur'an because it is a life-and-death question that affects the very fabric of Islam most seriously. On the other hand, read the verse that says what means:

*{Again and again will those who disbelieve, wish that they had bowed [to God's will] in Islam. Leave them alone to enjoy [the good things of this life] and to please themselves: let [false] hope amuse them: soon will knowledge [undeceive them].}* (Al-Hijr 15:2-3)

This verse clearly indicates that the disbelievers should be left alone. Moreover, the killing of apostates would undermine the freedom of will Allah has bestowed on each human, as is made clear in the verses that say what means:

*{If it had been thy Lord's will, they would all have believed, all who are on earth! Wilt thou then compel mankind, against their will, to believe! No soul can believe, except by the will of God, and He will place doubt (or obscurity) on those who will not understand.}* (Yunus 10:99-100)

*{Say, "The truth is from your Lord": Let him who will believe, and let him who will, reject [it]: for the wrong doers We have prepared a Fire whose (smoke and flames), like the walls and roof of a tent, will hem them in: if they implore relief they will be granted water like melted brass, that will scald their faces, how dreadful the drink! How uncomfortable a dwelling (resting place)!"}* (Al-Kahf 18:29)

*{Let there be no compulsion in religion: truth stands out clear from error: whoever rejects evil and believes in Allah hath grasped the most trustworthy handhold that never breaks. And Allah heareth and knoweth all things.}* (Al-Baqarah 2:256)

The verses quoted above are categorical that complete freedom of will is a condition for sincere and wholehearted submission to Allah Almighty, and no force should be used in this regard. This is because coercion does not go along with freedom of choice.

In addition, we may consider another verse, too, which says what means:

*{Those who believe, then reject faith, then believe [again] and [again] reject faith, and go on increasing in unbelief, — Allah will not forgive them nor guide them on the way.}* (An-Nisaa' 4:137)

The example of a person who vacillates between Islam and disbelief is cited here. Note the expression: *{believe, then reject faith, then believe [again] and [again] reject faith}*.

How can we imagine a person becoming a Muslim a second time, after rejecting faith once, IF he is to be killed after his rejection? The significance of this verse is one of free choice; though one is expected to be responsible in the use of that choice.

Thus we see that the general teaching of the Qur'an is one of freedom of choice and mercy. And if we are to adopt the death penalty for apostates today, the first problem is the absence of a true Islamic system (even in the so-called Islamic countries) to judge apostasy and to enforce the punishment where it is due. Second, there are scholars of respected opinions who doubt whether death is the due punishment now. Third, we need to question the emphasis on punishments rather than on peaceful and diplomatic means of promoting the Islamic ideal. Which is prior to what, in which case, should be judged only by true correct and wise Muslim scholars. Please check the links at the end of my answer, where you will find the Shari`ah's stand on apostacy.

Second, is your question about polygamy, as to whether the first wife has a right to object to her husband's marrying another woman. According to scholars, the Shari`ah does not require the husband to get the consent of the first wife for a second marriage. If the conditions for a second marriage are right according to the Shari`ah, he can legally go ahead and marry. But we need to understand the spirit of the Islamic ruling first.

For instance, if the second marriage is likely to upset the first marriage and the family structure already established, then a second marriage should be avoided, as it undermines the very purpose of the Islamic rules of marriage. But the permission of plural marriage is given in the context of protecting widows, as they need to be taken care of. In the very same verse it is stated clearly that if a man cannot treat his wives with equity, he should not marry more than one woman. This is a clause usually ignored or taken lightly by many men, depriving women the rights Allah Almighty has granted.

It is also worth mentioning that the bride has the right before marriage to demand her fiance to agree in advance to certain conditions of hers, in case he is interested in pursuing another marriage later on. Actually, this can be part of the marriage contract. As it is the duty of Muslims to fulfill all obligations, the Muslim husband cannot but honor such a condition. If you need to know more about the first wife's rights concerning the permission for the husband to pursue a second marriage, please refer to Ask the Scholar service in order to get more familiar with the logistic details of the matter.

Third, you ask about adultery and its punishment.

The first point to note here is your mentioning of punishing adulterous women only. No way! The prescribed punishment is for adulterous men and women. As for the details for when and how the punishment is to be applied, this needs a detailed answer from a scholar of Shari`ah. Some scholars of respected opinion discuss the point that there is no Qur'anic verse that clearly states stoning as a punishment. The majority insist on applying this punishment, which was originally prescribed in the Biblical Law enforced on the Jews and was mentioned in the hadiths of Prophet Muhammad. It is, of course, understandable that the punishment prescribed by the Jewish Law could have been implemented by the Prophet in some cases. Yet, you'd rather seek the opinion of our Shari`ah section on this matter. They would definitely giving you the opinion of a specialized scholar in Shari`ah.

Another point you raised is about the miscarring of justice, namely the possibility of inflicting a terrible punishment on the innocent. This is very real and it is relevant to the law-enforcement departments in ANY system. In fact, the Islamic jurists have stipulated certain strict measures to prevent punishing the innocent. But even then, there is this possibility when the authorities are insincere and hypocritical people. Only Allah Almighty can prevent such lapses and punish those who carelessly handle His laws.

We can only pray that truth triumphs and justice is done in every case.

And Allah knows best.

Do not hesitate to write to us if you have more questions.

Thank you and may Allah reward you!

Salam.

Useful Links:

Why Is Apostasy a Sin?

Freedom of Religion

Islam & Freedom of Belief

Freedom of Belief & Minority Rights in Muslim Countries

Apostasy: Definition & Ruling

Polygamy between Islam and the West