Freedom of Religion under Islam

Author: Niancheng Sha

DOI: https://doi.org/10.61362/KRAC4002 

(To download the PDF version of the essay, click here: Freedom of Religion under Islam.pdf)

In this essay I will mainly concentrate on the Qur’an, quote and analyse different verses which reflect various themes such as role of the Prophet, methods of converting non-Muslims, apostasy etc., demonstrating that there is freedom of religion under Islam.

The Qur’an has been described by some scholars as a “yellow pages” which means one can find verses to support whatever kinds of argument or judgement about Islam. For example, verse 2:256 which states that “There is no compulsion in religion” is an obvious contrast to verse 9:5 which states that “So when the sacred months have passed away, then slay the polytheists wherever you find them, and take them captives and besiege them and lie in wait for them in every ambush.” In this example, whilst the former verse can be argued for the freedom and tolerance of religion under Islam, the latter can be argued for Islam’s lack of freedom, intolerance and violence against other religious communities. However, if we read the rest part of 9:5 which says that “then if they repent and keep up prayer and pay the poor-rate [zakat], leave their way free to them.” things become a bit more complicate. The violence and intolerance of Islam become less obvious. The reason we need to look at this example before further analysis is that we need to bear in mind that no single verse from Qur’an or hadith can fully support or deny the freedom of religion under Islam. Wide range of materials and in depth understanding will be necessary to establish a convincing argument.

Another issue we need to pay attention is abrogation. As Professor Mohammad Kamali argued “the only notable difference between classical and modern works on religious freedom is that some of the earlier writers were persuaded by the argument that many Qur’anic passages which affirm the freedom of religion have subsequently been abrogated or superseded by other passages of a more restrictive nature. However, modern Muslim opinion on the subject tends to dismiss this rather weak argument.”¹ Hence, abrogation will not be discussed in this essay.

Affirmative Evidence in Qur’an

Qur’an 10:99 which states that:

And if your Lord had pleased, surely all those who are in the earth would have believed, all of them; will you [O Muhammad] then force men till they become believers?

This verse was revealed at an early stage in the advent of Islam. It was during Meccan period when the nascent Islam was under many threats from polytheists. A later verse 2:256, which is the most quoted and confirmative one concerning freedom of religion, states that:

There is no compulsion in religion; truly the right way has become clearly distinct from error; therefore, whoever disbelieves in the Shaitan and believes in Allah, he indeed has laid hold on the firmest handle, which shall not break off and Allah is Hearing, Knowing.

This verse was revealed to the Prophet after his migration to Medina where Islam began to grow with much less threat compared to Mecca. On this occasion, when the Prophet ordered Jews such as the tribe Banu Nadir (of which the children even related to the Companions among the Helpers (ansar)) to leave Medina in order to avoid clashes between them and the Muslims. Hence some Companions requested permission from Muhammad to force their relatives who had practised Judaism or Christianity since their childhood to convert to Islam. Muhammad instructed his Companions not to force anyone, but to let them choose what religion they were going to profess.²

Hence from a historical point of view, “freedom of belief has been consistently enunciated as a norm of the Sharia regardless of considerations of time and circumstance.”³

Belief, as Ayatollah Misbah Yazdi argued, is a conviction and a personal affair linked only to the heart and soul. It is “purely personal and individual, and totally belongs to the private realm of individual life.”⁴ No matter how correct or wrong, good or bad a belief is, it should be immune from external restraints or coercion, such as law. Another Qur’an scholar, Rashid Rida commented that belief, as a pillar and essence of religion, indicates a voluntary submission of the self which cannot be achieved by means of coercion. Embrace of Islam under compulsion serves no purpose since without hearty conviction, his soul will remain closed to enlightenment and guidance.⁵

Recognition of Pre-Islamic Religions

According to Qur’an, Islam is God’s favourite religion, nevertheless, there are many Qur’anic verses not only recognise the divine provenance and validity of other faiths, but also highly praised their teachings. In Qur’an 5:44 we read:

Surely We revealed the Torah in which was guidance and light; with it the prophets who submitted themselves [to Allah] judged [matters] for those who were Jews, and the masters of Divine knowledge and the doctors, because they were required to guard [part] of the Book of Allah, and they were witness thereof.

Clearly, the Jews and their law are in guidance and light. And the Qur’an continued, as we read in 5:48:

And We have revealed to you [O Muhammad] the Book with the truth, verifying what is before it of the Book and a guardian over it.

Hence, the teachings before Islam, not confined to Christianity and Judaism, were also confirmed and revered:

Say, We have believed in Allah and in what was revealed to us and what was revealed to Abraham, Ishmael, Isaac, Jacob, and the Descendants, and in what was given to Moses and Jesus and to the prophets from their Lord. We make no distinction between any of them, and we are Muslims [submitting] to Him. (3:84)

Apart from those aforementioned Qur’anic affirmations of pre-Islamic religions, Sharia also guarantees legal protection of dhimmis (“people of the book”, i.e., those peoples who based their religious beliefs on sacred texts, such as Christians, Jews, and Zoroastrians)⁶ by collecting jizya (poll-tax, not necessarily higher than zakat, the tax paid by Muslims)⁷. Any dhimmis who has paid jizya will gain protection from Muslim rulers over his civil rights as well as freedom of practising his own religion. Although money might be considered as a restraint to attain absolute freedom which is impossible anyway, protection of spiritual rights and earthly rights by paying money is a great advance especially when we regard the situation of Jews in Medieval Europe.

Role of the Prophet and Methods of Converting Non-Muslims

If Islam can be compelled to embrace, there must be a person, group of persons or an entity which has the authority to implement this action. However, the Qur’an indicates that this authority is reserved solely to God, not even to the Prophet Muhammad.

In Qur’an 46:9, we read:

Say: I am not the first of the apostles, and I do not know what will be done with me or with you: I do not follow anything but that which is revealed to me, and I am nothing but a plain warner.

Here, the role of the Prophet is clearly pointed out – a warner, a messenger. His task is just to convey God’s message. “I am not something original among the messengers, nor do I know what will be done with me or with you.” This verse indicates two meanings. First, the message of Muhammad is not exclusive, i.e., his messages and revealed religion (Islam) have traces in previous prophets, so Islam is not a brand new religion which detaches itself totally from previous religions. Hence, profess of other divinely revealed religions such as Christianity does have recognition from a Muslim’s point of view. Second, the Prophet himself does not have the ability to predict the ultimate consequence of one’s actions. What has been said about the fate of pagans or non-Muslims in Qur’an are God’s words, not the Prophet’s judgement. Hence, not even the Prophet retains the authority to force others to embrace Islam.

This argument has been supported by Qur’an 10:99:

And had your Lord willed, those on earth would have believed – all of them entirely. Then, [O Muhammad], would you compel the people in order that they become believers?

Clearly, the power to convert someone to Islam belongs to God alone, “even the Prophet cannot change the divine decree and should not be aggrieved if in some cases he is not successful in spreading the faith. He should preach his message and be aware of the fact that he cannot be held responsible if some people reject it because the matter had been foreordained.”⁸ If the Prophet cannot be blamed for not able to convert others to Islam, then all other Muslims do not have the right or “responsibility” to convert non-Muslims, not mention by compulsion. Muslims can spread the messages but it is individual’s freedom to choose.

The freedom of religion under Islam is further indicated by the methods to convert non-Muslims:

And if they submit [in Islam], they are rightly guided; but if they turn away – then upon you is only the [duty of] notification. And Allah is Seeing of [His] servants. (3:20)

But if they turn away – then We have not sent you, [O Muhammad], over them as a guardian; upon you is only [the duty of] notification. (42:88)

So remind, [O Muhammad]; you are only a reminder. You are not over them a controller. (88:21–22)

Invite to the way of your Lord with wisdom and good instruction, and argue with them in a way that is best. Indeed, your Lord is most knowing of who has strayed from His way, and He is most knowing of who is [rightly] guided. (16:125)

As we can see, the methods to invite others to Islam are to remind, to notify them of God’s message with “wisdom and good instruction, and argue with them in a way that is best”, rather than compulsion.

This notion is supported by several Qur’anic verses which encourage individual thinking:

Say, “I only advise you of one [thing] – that you stand for Allah, [seeking truth] in pairs and individually, and then give thought.” (34:36)

Say, “Observe what is in the heavens and earth.” But of no avail will be signs or warners to a people who do not believe. (10:101)

Each individual’s thinking and observation of the world is encouraged by God and seen as a significant process of becoming a believer. As indeed, the Qur’an is consistent in its affirmation religion is a matter of individual belief and conviction, freedom is the sine qua non.

The Qur’anic Model of Pluralism

In Qur’an, the religious pluralism is explicitly recognised and made clear that this corresponds to God’s will:

And if Allah willed, He could have made them [of] one religion, but He admits whom He wills into His mercy. And the wrongdoers have not any protector or helper. (42:8)

To each of you We prescribed a law and a method. Had Allah willed, He would have made you one nation [united in religion], but [He intended] to test you in what He has given you; so race to [all that is] good. To Allah is your return all together, and He will [then] inform you concerning that over which you used to differ. (5:48)

Since religious pluralism is His will, each religion and community has its own significance and reasonableness in this world. Hence, different religions in the world should not only be tolerated but able to be chosen by each individual.⁹

Thus, the Qur’an asserts that the path to salvation is accessible to all human beings, regardless their religious affiliation¹⁰:

Indeed, those who have believed [in Prophet Muhammad] and those [before him] who were Jews or Sabeans or Christians – those [among them] who believed in Allah and the Last Day and did righteousness – no fear will there be concerning them, nor will they grieve. (5:69)

However, this notion of religious pluralism and tolerance is sometimes marred when opponents claim that “Islam alone is God’s religion”. They often quote the following two verses to support their argument:

Indeed, the religion in the sight of Allah is Islam. (3:19)

And whoever desires other than Islam as religion – never will it be accepted from him, and he, in the Hereafter, will be among the losers. (3:85)

The fundamental mistake they made is the misunderstanding of the term “Islam”. The Qur’an distinguishes clearly between islam as the framework of true faith (iman) and Islam as an institutionalised religion. If the term “Islam” here means an institutionalised religion, it directly contradicts all the aforementioned verses which recognise religious pluralism, and this will certainly reduce credibility of the Qur’an. Moreover, the Qur’anic verses which deal with religious communities do not fall into the category of legislative verses (ayat al-ahkam), thus cannot be subject to abrogation.¹¹ Therefore, in this occasion, the term islam in both verses unmistakably means “total submission” or “self-surrender” to God. Thus Qur’an 3:19 and 3:85 are to be read “The religion in the sight of Allah is submission to Him.” – anyone surrenders to Him will attain salvation.¹² At this point, we should not consider submission to God is a restraint of freedom to attain salvation since it will be something like “do we have the freedom to enjoy the conveniences brought by Internet whilst living in desert, detach ourselves from all electronic devices?” – totally misleading and meaningless.

Apostasy

Freedom of religion should also include freedom to abandon one faith to embrace another. First and foremost, the most key condition to determine whether a Muslim has become an apostate is that he should not be compelled to do so.¹³ Deductively, this also means whoever converts to Islam should not be compelled to do so. Hence, if someone convert to Islam voluntarily and then abandon it, it should be considered as a kind betrayal and subject to certain kind and amount of compensation or “punishment”. This is universal principle – monetary compensation in divorce is the best example. Like the monetary compensation in divorce, if the sum of money is too large it will become a severe punishment, an obstacle for a person to continue his freedom of pursuit of marital happiness. Same applies to freedom of religion, that is to say, the “punishment” itself is not an obstacle, but a natural consequence of having freedom. It is the extent of punishment determines whether there is freedom of religion or not.

Certainly, death penalty is too high a price to pay for freedom, and exactly because of this, the hadith which states that “Whoever changes his religion, kill him.”¹⁴ is used to demonstrate the lack of religious freedom in Islam. However, if we have a more comprehensive investigation of the meaning of apostasy and background of this hadith, we will be able to clarify this misunderstanding.

According to Abu Hanifa’s analysis, apostasy has two aspects. On one hand, it is a religious transgression to be punished by God only in the afterlife; on the other hand, it is also a political crime to be punished here and now.¹⁵ The following Qur’anic verse is often cited in support of death penalty for apostasy:

Whoever disbelieves in Allah after his belief except for one who is forced [to renounce his religion] while his heart is secure in faith. But those who [willingly] open their breasts to disbelief, upon them is wrath from Allah, and for them is a great punishment; (16:106)

This verse specifically mentions the apostate (“anyone who denies God after having attained to faith”), but it does not mention any death penalty. The punishment it refers to is “wrath from Allah... a great punishment”. The Qur’an continues to say, giving clearer message about the punishment of apostate in the following verse:

Assuredly, it is they, in the Hereafter, who will be the losers. (16:109)

It is the punishment in the Hereafter, not in temporal, will be placed upon the apostates.

Another verse used by proponents of the death penalty is as bellows:

The recompense of those who wage war against Allah and His Messenger and do mischief in the land is only that they shall be killed or crucified or their hands and their feet be cut off on the opposite sides, or be exiled from the land. That is their disgrace in this world, and a great torment is theirs in the Hereafter. (5:33)

Indeed, death is mentioned in this verse, but specifically refers to those who wage war against the Muslim community. At this moment, apostasy is not only a religious betrayal but a political crime. If we compare 5:33 and 16:106, 109, we find “Hereafter punishment” is mentioned in both occasions since it is a punishment for all apostates; and temporal punishments specifically apply political apostates.

The same precondition applies to the aforementioned hadith. During the Prophet’s time in Medina, Muslim community was under the threat to its survival from internal and external opponents.¹⁶ Apostatised from Islam to another faith usually meant fight against Muslim. That is why the Prophet gave Muslims such a militant command “Whoever changes his religion, kill him.” For the same reason, female apostates, who lack the potential of fighting, should be exempt from death penalty.¹⁷

Summary

The freedom of religion under Islam is explicitly declared in various Qur’anic verses, in terms of stressing “no compulsion in religion” directly, recognising pre-Islamic religions, religious pluralism, elucidating role of the Prophet and ways of converting non-Muslims. And contradictory evidences such as Islam is an exclusive religion and death penalty for apostasy are either caused by misunderstanding or narrow understanding of the Qur’an and hadith.

References and Endnotes

1 Mohammad Hashim Kamali, Freedom of Expression in Islam, (Cambridge: Islamic Texts Society, 1997), p. 88.
2 Ibid., pp. 99–100.
3 Ibid., p. 89.
4 Ayatollah Misbah Yazdi, Freedom, The Unstated Facts and Points, accessed Mar. 5, 2012, http://www.al-islam.org/freedom-the-unstated-facts-and-points-ayatullah-misbah-yazdi/
5 Mohammad Hashim Kamali, Freedom of Expression in Islam, p. 100.
6 Britannica Academic Edition, accessed Mar. 5, 2012, http://www.britannica.com/EBchecked/topic/304125/jizya
7 Murad Wilfried Hofmann, “Religious Pluralism and Islam in a Polarised World,” in Roger Boase (ed.), Islam and Global Dialogue: Religious Pluralism and the Pursuit of Peace, (Aldershot, Hants.: Ashgate, 2005), p. 242.
8 Yohanan Friedmann, Tolerance and Coercion in Islam: Interfaith Relations in the Muslim Tradition, (Cambridge: Cambridge University Press, 2003), p. 96.
9 Murad Wilfried Hofmann, “Religious Pluralism and Islam in a Polarised World,” in Roger Boase (ed.), Islam and Global Dialogue: Religious Pluralism and the Pursuit of Peace, p. 239.
10 Reza Shah-Kazemi, “Tolerance,” in Amyn B. Sajoo (ed.), A Companion to Muslim Ethics, (London: I.B. Tauris/Institute of Ismaili Studies, 2010), p. 175.
11 Mahmoud M. Ayoub, “The Qur’an and Religious Pluralism,” in Roger Boase (ed.), Islam and Global Dialogue: Religious Pluralism and the Pursuit of Peace, p. 278.
12 Murad Wilfried Hofmann, “Religious Pluralism and Islam in a Polarised World,” ibid., p. 239.
13 Abdullah Saeed and Hassan Saeed, Freedom of Religion, Apostasy and Islam, (Aldershot: Ashgate, 2004), p. 51.
14 Ibid., p. 58.
15 Yohanan Friedmann, Tolerance and Coercion in Islam: Interfaith Relations in the Muslim Tradition, p. 137.
16 Abdullah Saeed and Hassan Saeed, Freedom of Religion, Apostasy and Islam, p. 60.
17 Yohanan Friedmann, Tolerance and Coercion in Islam: Interfaith Relations in the Muslim Tradition, p. 137.

Bibliography

Boase, Roger (ed.), Islam and Global Dialogue: Religious Pluralism and the Pursuit of Peace, Aldershot, Hants.: Ashgate, 2005.
Burrell, David B., Freedom and Creation in Three Traditions, Notre Dame, Ind.: University of Notre Dame Press, 1993.
Encyclopedia Britannica Online, http://www.britannica.com/
Friedmann, Yohanan, Tolerance and Coercion in Islam: Interfaith Relations in the Muslim Tradition, Cambridge: Cambridge University Press, 2003.
Kamali, Mohammad Hashim, Freedom of Expression in Islam, Cambridge: Islamic Texts Society, 1997.
Saeed, Abdullah and Saeed, Hassan, Freedom of Religion, Apostasy and Islam, Aldershot: Ashgate, 2004.
Sajoo, Amyn B. (ed.), A Companion to Muslim Ethics, London: I.B. Tauris/Institute of Ismaili Studies, 2010.
Yazdi, Ayatollah Misbah, Freedom, The Unstated Facts and Points, http://www.al-islam.org/freedom-the-unstated-facts-and-points-ayatullah-misbah-yazdi/