Apostasy Laws

[ZeeshanParvez]

Re: Apostasy Laws

@psyah

I think you might be right …

The Meaning of Ijma` (Consensus)

Although I understand 'Ijma even if there has been no qiyaas, to be binding, I also do however, believe that when qiyaas is not present then such 'ijmaa may be done to suit a time and place specific need and could be overruled by a different ruling in future or it may lose it’s binding nature if the scholars of the time in question begin to differ more about it.

That is not to say or argue that previous agreements were wrong, but rather to say they were right for their time.

Now that you have clarified the meaning, quotes from Ibn Qudaamah and Imaam Al-Nawawi show that this matter was agreed upon up until their time. Rarely will you find a ruling in Islamic Jurisprudence which has been agreed upon from the time of the Companions (may Allah be pleased with them) up until these writers.

And for a valid 'Ijmaa that amount of time is not even required. Only one era is required where the scholars who have reached the level of 'Ijtihaad have agreed.

All these scholars understood the Quraan and Hadith to mean that the apostate is to be killed. And like I said, if laws could be changed with time, the laws of inheritance should also be changed according to those who hold this view.