THE BURNING OF APOSTATES AND HOMOSEXUALS

According to the so-called authentic sources of Sunni Islam, Muhammad’s first cousin, son-in-law and the fourth caliph, Ali ibn Abu Talib would burn apostates alive. Ibn Abbas, who happened to be the cousin of both Muhammad and Ali, objected claiming that killing apostates is the punishment prescribed by Allah, but that one shouldn’t use fire to do so:  

II. The ruling on a male and female apostate and asking them to repent

Ibn ‘Umar, az-Zuhri and Ibrahim said that a female apostate is killed.

Allah Almighty says, “How can Allah guide a people who have become unbelievers after having believed? They bore witness that the Messenger was true and that the Clear Signs had come to them. Allah does not guide people who are wrongdoers. The repayment of such people is that Allah’s curse is on them and that of the angels and of all mankind. They will be under it for ever. Their punishment will not be lightened. They will be granted no reprieve. Except for those who after that repent and put things right. Truly Allah is Ever-Forgiving, Most Merciful. Those who disbelieve after having believed and then increase in their unbelief, their repentance will not be accepted. They are the misguided.” (3:86-90)

“You who believe! if you obey a group of those given the Book, they will make you revert to being unbelievers after you have believed.” (3:100)

He says: “As for those who believe and then return to unbelief, and then again believe and then return to unbelief, and then increase in unbelief, Allah will not forgive them or guide them on any path.” (4:137)

He says, “If any of you renounce your deen, Allah will bring forward a people whom He loves and who love Him, humble to the believers, fierce to the unbelievers.” (5:54)

He says, “But those whose breasts become dilated with unbelief, anger from Allah will come down on them. They will have a terrible punishment. That is because they prefer the life of this world to the Next World, and because Allah does not guide unbelieving people. Those are the people whose hearts, hearing and sight. Allah has sealed up. They are the unaware. There is no doubt that in the Next World they will be the losers.” … to His words .. “your Lord is Ever-Forgiving, Most Merciful.” (16:106-110)

“They will not stop fighting you until they make you revert from your deen, if they are able. As for any of you who revert from their deen and die unbelievers, their actions will come to nothing in this world and the Next World. They are the Companions of the Fire, remaining in it timelessly, for ever.” (2:217)

6524. It is related that ‘Ikrima said, “Some dualists (zindiqs) were brought to ‘Ali and he burned them. Ibn ‘Abbas heard about that and said, ‘If it had been me, I would not have burned them since the Messenger of Allah forbade it, saying: ‘Do not punish with Allah’s punishment.’ I would have killed them based on the words of the Messenger of Allah ‘Kill the one who changes his deen.'” (Aisha Bewley, The Sahih Collection of al-Bukhari, Chapter 91. Book of those of the People of Unbelief and Apostasy who wage war; emphasis mine)

Here’s another rendering of the aforementioned hadith:

88 Apostates

(2) Chapter: Al-Murtad and Al-Murtaddah

Narrated `Ikrima:

Some Zanadiqa (atheists) were brought to `Ali and he burnt them. The news of this event, reached Ibn `Abbas who said, “If I had been in his place, I would not have burnt them, as Allah’s Messenger forbade it, saying, ‘Do not punish anybody with Allah’s punishment (fire).’ I would have killed them according to the statement of Allah’s Messenger, ‘Whoever changed his Islamic religion, then kill him.'”

Reference: Sahih al-Bukhari 6922

In-book reference: Book 88, Hadith 5

USC-MSA web (English) reference: Vol. 9, Book 84, Hadith 57 (sunnah.com https://sunnah.com/bukhari/88/5)

Ikrimah’s report can be found in the major works of hadith in the section dealing with the fate of apostates:

40 Prescribed Punishments (Kitab Al-Hudud)

(1) Chapter: Ruling on one who apostatizes

‘Ikrimah said:

Ali burned some people who retreated from Islam. When Ibn ‘Abbas was informed of it, he said: If it had been I, I would not have burned them, for the Messenger of Allah (ﷺ) said: Do not inflict Allah’s punishment on anyone, but would have had killed them on account of the statement of the Messenger of Allah. The Apostle said: Kill those who change their religion. When ‘Ali was informed about it he said: How truly Ibn ‘Abbas said!

Grade: Sahih (Al-Albani)

Reference: Sunan Abi Dawud 4351

In-book reference: Book 40, Hadith 1

English translation: Book 39, Hadith 4337 (sunnah.com https://sunnah.com/abudawud:4351; emphasis mine)

17 The Book on Legal Punishments (Al-Hudud)

(25) Chapter: What Has Been Related About The Apostate

Narrated ‘Ikrimah:

That ‘Ali burnt some people who apostasized from Islam. This news reached Ibn ‘Abbas, so he said: “If it were me I would have killed them according to the statement of Messenger of Allah. The Messenger of Allah said: ‘Whoever changes his religion then kill him.’ And I would not have burned them because the Messenger of Allah said: ‘Do not punish with the punishment of Allah.’ So this reached ‘Ali, and he said: “Ibn ‘Abbas has told the truth.”

Grade: Sahih (Darussalam)

Reference: Jami` at-Tirmidhi 1458

In-book reference: Book 17, Hadith 42

English translation: Vol. 3, Book 15, Hadith 1458 (suunah.com https://sunnah.com/tirmidhi:1458; emphasis mine)

37 The Book of Fighting [The Prohibition of Bloodshed]

(14) Chapter: The Ruling on Apostates

It was narrated from ‘Ikrimah:

Some people apostatized after accepting Islam, and ‘Ali burned them with fire. Ibn ‘Abbas said: ‘If it had been me, I would not have burned them; the Messenger of Allah said: ‘No one should be punished with the punishment of Allah.’ If it had been me, I would have killed them; the Messenger of Allah said: ‘Whoever changes his religion, kill him.'”

Grade: Sahih (Darussalam)

Reference: Sunan an-Nasa’i 4060

In-book reference: Book 37, Hadith 95

English translation: Vol. 5, Book 37, Hadith 4065 (sunnah.com https://sunnah.com/nasai:4060; emphasis mine)

Here’s one narrated by Anas:

37 The Book of Fighting [The Prohibition of Bloodshed]

(14) Chapter: The Ruling on Apostates

It was narrated from Anas that:

‘Ali came to some people of Az-Zutt, who worshipped idols, and burned them. Ibn ‘Abbas said: “But the Messenger of Allah said: ‘Whoever changes his religion, kill him.'”

Grade: Sahih (Darussalam)

Reference: Sunan an-Nasa’i 4065

In-book reference: Book 37, Hadith 100

English translation: Vol. 5, Book 37, Hadith 4070 (sunnah.com https://sunnah.com/nasai:4065)

Ali also had homosexuals burned alive:

17 Prescribed Punishments

Section 3

Ibn ‘Abbas and Abu Huraira reported God’s Messenger as saying, “Accursed is he who does what Lot’s people did.”

In a version by him on the authority of Ibn ‘Abbas it says that ‘Ali had the two people concerned burned and that Abu Bakr had a wall thrown down on them.

Razin transmitted it.

Reference: Mishkat al-Masabih 3583, 3584

In-book reference: Book 17, Hadith 29 (sunnah.com https://sunnah.com/mishkat:3583; emphasis mine)

The Muslim scholars are divided over the issue of using fire to kill evildoers, with a majority stating that it is permissible to do so in the cases of retaliation, in situations where the enemies are using fire to burn Muslims:

This prohibition on punishing anyone by burning with fire is general in application, but THE MAJORITY OF SCHOLARS made an exception in the case of burning with fire by way of retaliatory punishment (qisaas) and making the punishment fit the crime. If someone burns another person then it is permissible, according to this view, to punish him by burning him, by way of retaliatory punishment. 

They quoted as evidence for that the verses in which Allah, may He be exalted, says (interpretation of the meaning):

“Then whoever transgresses the prohibition against you, you transgress likewise against him. And fear Allah, and know that Allah is with Al-Muttaqoon (the pious)”

[al-Baqarah 2:194]

“And if you punish (your enemy, O you believers in the Oneness of Allah), then punish them with the like of that with which you were afflicted. But if you endure patiently, verily, it is better for As-Sabirin (the patient ones, etc.)”

[an-Nahl 16:126]. 

The basic principle says that acting upon two sound texts that have not been abrogated is better than overlooking one of them. 

For more information, please see fatwa no. 147416 

Therefore THE MAJORITY OF FUQAHA’ think that it is permissible to burn with fire by way of retaliatory punishment. 

Ibn Mulaqqin said: 

One group of scholars said: Whoever burns is to be burnt. This is also the view OF MAALIK, THE SCHOLARS OF MADINAH, ASH-SHAAFA‘I and his companions, AHMAD and Ishaaq

End quote from at-Tawdeeh li Sharh al-Jaami‘ as-Saheeh (18/61) (Islam Question & Answer, No. 227776: Why did the Sahaabah use burning with fire as a punishment for some crimes? https://islamqa.info/en/answers/227776/why-did-the-sahaabah-use-burning-with-fire-as-a-punishment-for-some-crimes; bold and capital emphasis mine)

FURTHER READING

MUHAMMAD’S BARBARIC AND BRUTAL MURDERS

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