Question
What is the ruling on someone who insults the Prophet Muhammad (peace be upon him)?
Answer
I say, and with God's success: When some Western newspapers mocked the Messenger of the world, Muhammad (peace be upon him), with inappropriate drawings, Muslims were greatly offended, voices rose in anger, and they protested in the east and west of the earth against this heinous assault. I saw it necessary to clarify the legal ruling for anyone who insults the Prophet (peace be upon him), whether they are Muslims or others, especially since there has been a widespread explicit violation of the sanctity of the Prophet (peace be upon him) in many Islamic countries and beyond, either by word or deed.
Previous independent works have been authored to clarify this, including "The Drawn Sword Against Those Who Insult the Prophet" by Al-Taqi Al-Subki (d. 756 AH), "The Drawn Sword Against the Insulter of the Messenger" by Ibn Taymiyyah (d. 728 AH), and "A Reminder to Governors and Rulers on the Rulings Regarding the Insulter of the Best of Mankind or One of His Noble Companions" by Ibn Abidin (d. 1252 AH). Since "A Reminder to Governors" is the last of these works, it has gathered and summarized this issue, especially since its author is the eminent scholar Ibn Abidin, who is well-known and has gained a reputation among people and in various lands. Therefore, I found it appropriate to present the essence of his discussions and investigations to the esteemed reader. Those who seek more details should refer to that great original work. Here is a summary of the rulings regarding the insulter of the Prophet (peace be upon him):
First: He must be killed if he does not repent, by consensus. Al-Qadi Iyad said: "The Ummah has agreed on the killing of anyone who belittles him from among the Muslims and insults him." Ibn Al-Mundhir said: "The generality of scholars agree that whoever insults the Prophet (peace be upon him) should be killed." Among the evidence for this: 1. Allah (the Exalted) said: {Indeed, those who harm Allah and His Messenger, Allah has cursed them in this world and the Hereafter and prepared for them a humiliating punishment... Cursed are they wherever they are found, seized and massacred.} [Al-Ahzab: 57-61], these verses indicate his disbelief and the necessity of killing him.
2. The Prophet (peace be upon him) said: "O Muslims, who will excuse me from a man who has harmed me regarding my family? By Allah, I have only known good about my family..." Then Sa'd ibn Mu'adh stood up and said: "I am, O Messenger of Allah. If he is from the Aws, I will strike his neck, and if he is from our brothers from the Khazraj, command us and we will do your command..." This is in Sahih Al-Bukhari 4: 1517, Sa'd ibn Mu'adh's statement is evidence that killing his (peace be upon him) abuser was known among them, and the Prophet (peace be upon him) approved it and did not deny it, nor did he say to him: "It is not permissible to kill him." 3. From Ibn Abbas (may Allah be pleased with him): "There was a blind man who had a female slave who would insult the Prophet (peace be upon him) and speak ill of him. He would admonish her but she would not stop, and he would rebuke her but she would not be deterred. One night, she began to insult the Prophet (peace be upon him) and speak ill of him, so he took a dagger and stabbed her in the stomach and leaned on her until he killed her. A child fell between her legs, staining the area with blood. When morning came, he mentioned this to the Prophet (peace be upon him), who gathered the people and said: "I invoke Allah, is there anyone who has done what I have a right over him except that he stands?" The blind man stood, stepping over the people until he sat before the Prophet (peace be upon him) and said: "O Messenger of Allah, I am her owner. She used to insult you and speak ill of you, and I would admonish her but she would not stop, and I would rebuke her but she would not be deterred. I had two sons from her like two pearls, and she was my companion. When last night she began to insult you and speak ill of you, I took the dagger and stabbed her in the stomach and leaned on her until I killed her." The Prophet (peace be upon him) said: "Bear witness that her blood is sacred." This is in Sunan Abu Dawood 2: 533, Al-Mustadrak 4: 394, Sunan Al-Daraqutni 3: 112, Al-Mu'jam Al-Kabir 11: 351, Sunan Al-Bayhaqi Al-Kabir 7: 60, and Tafsir Al-Qurtubi 8: 76.
4. The apostate's killing is established by consensus and supported by numerous texts, including his (peace be upon him) saying: "Whoever changes his religion, kill him" in Al-Muwatta 3: 324, and Sahih Al-Bukhari 6: 2537. The insulter is an apostate who has changed his religion, as mentioned in A Reminder to Governors 1: 294-296. Second: The Muslim insulter is an apostate, and the discussion about him is like that of the apostate. His killing is a punishment, as the insult is a specific disbelief that falls under the generality of: "Whoever changes his religion, kill him." Islam removes the reason for killing; because the meaning of "kill him" is: as long as he is changing his religion; for the majority of scholars agree on accepting the repentance of the apostate and averting killing from him through Islam. It indicates that the reason is disbelief, not specifically the insult in our view, as the insulter, if he is a disbeliever, is not killed unless the Imam sees it as a matter of policy. If the insult were the reason, he would be killed as a punishment. As mentioned in A Reminder to Governors 2: 297-298.
Third: The insulter should be given a chance to repent, and his repentance should be accepted. Ibn Al-Mundhir said: "The generality of scholars agree that whoever insults the Prophet (peace be upon him) should be killed, and among those who said this are Malik, Al-Layth, Ahmad, and Ishaq..." The implication of Abu Bakr's (may Allah be pleased with him) statement is that his repentance is not accepted among these scholars, and similarly said Abu Hanifa, Al-Sabki, and the people of Kufa, and Al-Awzai in the case of the Muslim, but they said: it is apostasy. Imam Al-Subki said: "There is no doubt that whoever says: his repentance is not accepted, means he does not give him a chance to repent. As for those who say his repentance is accepted, it is apparent from their words that they say he should be given a chance to repent just as the apostate is given a chance to repent; rather, he is one of the categories of apostates." He also said: "However, the famous saying among people and among the rulers is that the Shafi'i school accepts repentance..."
The scholar Hussam Jalabi said: "Know that insulting the Prophet (peace be upon him) is disbelief and apostasy; because it contradicts the veneration of him and the faith in him established by definitive evidence that leaves no doubt. Therefore, insulting him is a denial of him, and it becomes disbelief for which he is killed if he does not repent. This is agreed upon among the jurists, but if he repents and returns to Islam, his repentance is accepted, and he is not killed according to the Hanafis and Shafi'is, contrary to the Malikis and Hanbalis as stated by Sheikh Al-Islam Ali Al-Subki," as mentioned in A Reminder to Governors 2: 298-310.
Fourth: The insulter from among the dhimmis (non-Muslims living under Islamic protection) should be killed. Al-Khattabi said: "Malik said: Whoever insults the Prophet (peace be upon him) from the Jews and Christians should be killed unless he converts to Islam. Ahmad said the same, and Al-Shafi'i said: The dhimmi should be killed if he insults the Prophet (peace be upon him) and his dhimmitude is nullified, and he supported this with the story of Ka'b ibn Al-Ashraf.
It is narrated from Abdullah ibn Ka'b ibn Malik: "Ka'b ibn Al-Ashraf used to insult the Prophet (peace be upon him) and incite the disbelievers of Quraysh against him. When the Prophet (peace be upon him) arrived in Medina, its people were a mixture of Muslims, polytheists who worshipped idols, and Jews, and they would harm the Prophet (peace be upon him) and his companions. Allah (the Exalted) commanded His Prophet to be patient and forgive, and concerning them, He revealed: {And you will surely hear from those who were given the Scripture before you and from those who associated others with Allah much abuse. But if you are patient and fear Allah, that is the best course.} [Al-Imran: 186]. When Ka'b ibn Al-Ashraf refused to cease harming the Prophet (peace be upon him), the Prophet (peace be upon him) commanded Sa'd ibn Mu'adh (may Allah be pleased with him) to send a group to kill him, and he sent Muhammad ibn Maslama, and the story of his killing is mentioned in Sunan Abu Dawood 2: 169.
In Sahih Al-Bukhari 3: 1103: "From Jabir, the Prophet (peace be upon him) said: Who will take care of Ka'b ibn Al-Ashraf? Muhammad ibn Maslama said: Do you want me to kill him? He said: Yes. He said: Then give me permission. He said: You have done it."
Al-Qadi Iyad said in Al-Shifa 2: 223: "As for the dhimmi, if he explicitly insults or alludes to or belittles his status or describes him in a manner that constitutes disbelief, there is no disagreement among us about killing him if he does not repent; because we did not grant him the dhimmitude and covenant on this basis. This is the view of the majority of scholars except for Abu Hanifa, Al-Thawri, and their followers from the people of Kufa, who said: He should not be killed; because what he is upon from disbelief is greater, but he should be disciplined and punished.
Imam Al-Subki said: "I do not know of any disagreement among those who say he should be killed from the three schools: Maliki, Shafi'i, and Hanbali, meaning that his repentance is not valid while he remains in disbelief. However, if he converts to Islam, there is disagreement among all three schools...". See also: Tafsir Al-Qurtubi 8: 76, Al-Tamhid 6: 168, Awn Al-Mabud 12: 11, Al-Sarim Al-Maslul p. 10, Rulings of the People of the Covenant 3: 1398, and Al-Shifa 2: 188.
Ibn Abidin clarified in A Reminder to Governors p. 332 the view of the Hanafis by saying: "It is permissible to kill the dhimmi according to us, but not as a punishment, rather as a disciplinary measure, so his killing does not contradict the school, and as for the nullification of his covenant, it contradicts the school, as is well-known from the texts and commentaries." See also: Al-Jawhara Al-Naira 2: 276, Durar Al-Hukam 1: 300, Majma' Al-Anhar 1: 677, and Radd Al-Muhtar 4: 234-235.
In the History of the Caliphs by Al-Suyuti p. 87: "Al-Muhajir ibn Abi Umayyah, who was a governor of Yamama, was presented with two women singers. One of them sang insulting the Prophet (peace be upon him), so he cut off her hand and removed her front tooth. The other sang insults against the Muslims, so he cut off her hand and removed her front tooth. Abu Bakr (may Allah be pleased with him) wrote to him: I have heard about what you did to the woman who sang insults against the Prophet (peace be upon him), and if it were not for what you have preceded me in, I would have commanded you to kill her; because the punishment for the prophets is not like other punishments. Whoever engages in that from a Muslim is an apostate, or if he is a treaty-holder, he is a treacherous combatant... And beware of mutilation of people, for it is a sin and a deterrent, except in retribution."
Fifth: The covenant of the non-Muslims who have a treaty is nullified, and their blood becomes lawful. Al-Shafi'i (may Allah be pleased with him) said: "It is a condition for the non-Muslims who have a treaty that whoever mentions the Book of Allah or Muhammad the Messenger of Allah (peace be upon him) in an inappropriate manner, or commits adultery with a Muslim woman, or marries her in an unlawful manner, or leads a Muslim astray from his religion, or robs him on the road, or aids the warring parties by guiding them to the Muslims, or shelters a spy for them, has nullified his covenant, and his blood is lawful, and he is free from the covenant of Allah and the covenant of His Messenger. The apparent meaning of the verse indicates that whoever openly insults the Prophet (peace be upon him) from among the people of the covenant has nullified his covenant; because Allah (the Exalted) said: {And if they break their oaths after their covenant and attack your religion, then fight the leaders of disbelief.} [At-Tawbah: 2].
He equated attacking our religion with breaking oaths; for it is known that He did not intend to make the breaking of oaths and the attacking of religion a condition for nullifying the covenant; because if they broke their oaths by fighting the Muslims and did not show any attack on the religion, they would still be breaking the covenant. The Messenger of Allah (peace be upon him) considered aiding Quraysh against Banu Bakr, who were allies of the Prophet (peace be upon him), as a nullification of the covenant, even though they did that secretly, and they did not openly show any attack on the religion... Therefore, if this is established, whoever openly insults the Prophet (peace be upon him) from among the people of the covenant has nullified his covenant; for insulting the Messenger of Allah (peace be upon him) is among the gravest attacks on the religion." As mentioned in the Rulings of the Qur'an by Al-Jassas 4: 275, and see also: The Striking Thunderbolts 1: 140. In conclusion, Muslims should not neglect the legal rulings related to this great religion and its noble Prophet (peace be upon him), and they should advise one another to be cautious of those who insult their religion and their Messenger (peace be upon him), and they should stand united against anyone who mocks our master Muhammad (peace be upon him) or anything that he brought, for that is explicit and clear disbelief. Allah (the Exalted) said: {And if you ask them, they will surely say, "We were only conversing and playing." Say, "Is it Allah and His verses and His Messenger that you were mocking?"} [At-Tawbah: 65], and Allah knows best.