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Old 10-08-2012, 01:34 AM   #36
euylvaygdq

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Oct 2005
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624
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I respect Hamza Yusuf's willingness to admit that his statement was not necessarily correct. However:
[5] Punishment in this world for apostasy is not mentioned in the Qur’an; however, some sound hadiths indicate that it is a capital offense. These are not absolutely certain (mutawatir) traditions, and some scholars, such as al-Nakhi’ and others, argued against it. Imam Abu Hanifah’s school does not mandate capital punishment for a female apostate due to the mutawatir tradition prohibiting killing women or children, which he saw as limiting the singular hadiths enjoining capital punishment on apostates. Today, it could be strongly argued that the aim (maqsad) of considering apostasy a capital offense, which was to protect the faith, is lost in application, given that modern people suffer a crisis of faith due to such applications.

Nobody else has an issue with this footnote and logic? Especially the bolded part? Frankly, this is worse than his statement about the Lahoris, because that was made out of a lack of understanding of the precise situation, and this appears to be part of his credo along with Abdul-Hakim Murad, Suhaib Webb, et al. Since when do Sunnis let the maqasid over-ride the nass? Have we all turned into Shi'a overnight?


for bringing attention to this issue. And I share your concerns about this matter as a trend among shuyukh who are somehow impressionable to ulama who project these trends. This trend was observed in the 1990s. It is feared that shaykh bin Bayyah is pushing this on the likes of those listed.

It has been an effort found in various kafir universities in Europe and America, to use Maqasidul Shariah as an end-around, a pretext, for changing the nass to suit 'other' forces. But this trend is present in both the traditional Ahlil Sunnah schools as well as the salafi schools.
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