Islam is a very practical and pragmatic way of life which gives ample consideration to the nature of mankind and the different situations in which we find ourselves when legislating laws for people to live and abide by. This is because the Laws are of Divine origin from the One who created man and knows him better than man knows himself. He says in Suratul Mulk:
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“Should He not know, – He who created? And He is The Subtle, The Aware.” (Mulk 67:14).
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In Islam, we learnt that man has been honoured and raised in status by Allah, his Creator, over and above His other creations. We also learnt that not only has He honoured all the believers more than those who disbelieved in Him and His message sent down to mankind by declaring their lives, properties and honour to be sacred and inviolable, He also declared that the more their piety, the more honourable they will be in His sight and estimation.
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The Prophets and Messengers of Allah, being the most pious set of humans automatically become the most honourable of the whole of mankind. It is forbidden in Islam to dishonour, insult or abuse a fellow muslim let alone a Prophet or Messenger of Allah. Rasulullah (s.a.w.) said in one narration,
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“Abusing a Muslim is fusuq (transgression of limits set by Allah), and killing him is Kufr (Disbelief).”
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Insulting a Prophet is even worse and more grievous in the Sight of Allah. It is a sacred religious duty of the Muslims to guard jealously the honour of the last Messenger of Allah, Sayyidina Muhammad (s.a.w.) because any insult to his personality indirectly casts doubts and aspersions on the message he delivered to mankind and aims at discrediting both the Messenger and his message.
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I want us to carefully examine the responses of the Prophet (s.a.w.) and his companions to those who insulted the Prophet (s.a.w.) at different stages of his Divine mission. Allah says in Al-Maa’idah:
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“The punishment of those who wage war against Allah and His Messenger, and strive with might and main for mischief through the land is: execution, or crucifixion, or the cutting off of hands and feet from opposite sides, or exile from the land : That is their disgrace in this world, and a heavy punishment is theirs in the hereafter ; except for those who repent before they fall into your power : in that case, know that Allah is Forgiving, Merciful.” (Qur’an 5:33-34).
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The above verses give the ruling concerning the one who insults the Prophet (s.a.w.) within the islamic state. One of the options mentioned is exile. This implies that if the offender commits the crime within the islamic state, since sending him away into exile is one of the options of punishment, the offender will automatically be free from further punishments if he escapes from the islamic territory into the land of the enemies of islam or the land of those who are under an agreement or pact with the Muslims. If the crime were committed outside the islamic state then the offender assumes the status of an exiled person and faces no punishment until he comes into the islamic state. Only then will the terms of the punishment take effect. In my opinion, this implies that the law cannot be implemented outside the islamic territory. Doing so will mean going against the laws of the land outside the islamic state. Just like we cannot amputate the hand of a thief outside the islamic state, we do not go after offenders who are not within the boundaries of the state or who have escaped into another state.
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Perhaps the area of concern which I want us to examine more is the response of the muslims to this kind of crime when we are weak and oppressed in the land. Many verses of the Qur’an and ahadith of the Prophet (s.a.w.) enjoin us to be patient, tolerant and to persevere and endure the insults, annoyances, provocations, assaults and abuses that we may experience in the hands of the unbelievers when we are weak and oppressed in the land. A few examples readily comes to mind. When Abu Lahab insulted the Prophet (s.a.w.) in Makkah when the Muslims were still weak and oppressed in the land, he was left alone till Allah replied him in the Qur’an. He did not face any punishment. When the unbelievers of Makkah started making jest of the Prophet (s.a.w.) and calling him derogatory names like madman, poet, soothsayer, magician, etc he didn’t punish anyone since they were still weak and oppressed in the land, and had no military powers with which to execute the Shariah Laws then.
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Today, we Muslims are weak and oppressed in the land even in the muslim lands where we are ruled by partial islamic laws or kufr laws in some cases, and some of our rulers are more loyal to the enemies of Islam than to Islam. Attempts made to insult our beloved Prophet (s.a.w.) are desperate efforts by the enemies of Islam to annoy and unsettle the muslims in order to divert their focus, attention and energies away from more serious plots that they are busy executing against the unsuspecting muslim ummah. What is enjoined on us in this situation is to remain patient.
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During the early days of Islam in Makkah when the Muslims were weak and oppressed in the land, the Prophet (s.a.w.) was called by an insulting and derogatory name, “Muzammah”, and then they abused him with the name for instance, they said, “Muzammah is crazy and sick”. To this kind of statement of theirs, the Prophet (s.a.w.) would tell his companions to ignore them because they were abusing and insulting Muzammah, not him Muhammad since his name is not Muzammah. Just imagine the beautiful wisdom applied by the Prophet in such situations!.
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Besides, if executing a law will bring or result in more evil than good, doing so may be waved to avoid the evil or to bring about some good like an opportunity of dawah through which some of the staunch enemies of Islam may embrace the faith. The Prophet (s.a.w.) forgave some of those who insulted him which led to their embracing Islam. This, in no way, portrays the Muslims as been weak. If such insults are passed on the Prophet deliberately by the agents of the enemy kufr state or the perpetrators enjoy the support and backing of the enemy kufr state when the Muslims have a state and army of their own, then it is enough reason for the Amir to declare Jihad against the enemy state.
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But so long as we remain weak and oppressed in the land as we are now, we must remain patient till Allah gives us ascendancy in the land so as not to react in an irrationally suicidal manner. The man who lives in a glass house, they say, must not throw stones at people.
Wa Allahu a’lam.
Fuad-deen Olabisi Kekere-ekun
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