Assalam-o-Alaikum A man P in the presence of X,Y & Z used some insulting and offensive words to disgrace our prophet Muhamad PBUH. Later on X,Y & Z were told by a religious scholar R (not a mufti) that the punishment of such a person is death as this was a clear case of Tauheen-e-Risalat and they should have killed person P at the spot. They were also informed as they have not taken an appropriate action at that instance, now they should take the case to a court and see what the court decides. Mr. R also told that the court must order a death penalty for such a clear case, otherwise it should be taken that the court had been pressurized or bribed. Mr. R then informed X,Y & Z that they may kill P as per shari’ah in case the court did not order a death penalty. Please guide me so that I could tell these people the fatwa. Because of the sensitivity of this fatwa, I will suggest to inform me urgently through email. Wassalam Muslim Khan Lodhi
الجواب حامدا و مصلیا
If a person has in reality used some slandering words in respect of Nabi Sallallahu Alaihi wa Sallam, this brutal act although causes for apostasy and emission from the fold of Islam, according to Shari’a it becomes permissible to put him to death until he repents over his this mean act and makes Thowba/Isthighfar and again comes to the fold of Islam. But this ruling is tied with the time of committing the sin. (Fiqhul Islam Vol 2 p184) whereas after lapsing of time the authority of putting him to death will rest only in the hands of the Courts and none else. Therefore it is necessary for the three who were present at the place to take legal action against the culprit and it is incumbent upon the Courts have a complete investigation and convict the accused with stern punishment so as to become a lesson for others. (Fiqhul Islam Vol 2, p188)