Final Revised QLD

THE INSTITUTE OF LEGAL STUDIES ISLAMABAD, PAKISTAN
Skills Portfolio
Pathway 2
WAQAS BIN AAMIR
5/3/2013

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Contents
Claim Form.........................................................................................................................................3
Outcome 1 .....................................................................................................................................4
Outcome 2 .....................................................................................................................................5
Outcome 3 .....................................................................................................................................6
Outcome 4 .....................................................................................................................................7
Outcome 5 .....................................................................................................................................8
Outcome 6 .....................................................................................................................................9
Outcome 7 ...................................................................................................................................10
Outcome 8 ...................................................................................................................................11
How does Islam justify the death penalty for apostates?.....................................................................12
BIBLIOGRAPHY.................................................................................................................................18
Research Evidence............................................................................................................................19
Online Presentation Certificates........................................................................................................22
Online Presentation Slideshow..........................................................................................................24

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Outcome 1
“I can identify the principle issue for researchona specific topic”
Claim
I believe that I haveachieved this skill because I haveidentified a particular topic
for research that how does Islamjustifies the death penalty for apostates. I
selected this topic becauseaccording to me this is one of the most controversial
topics of this era and for the purposeof completing this research I haveseen the
views of different Islamic scholars. Throughoutmy research I realized that this
concept has been wrongly interpreted by many and also manipulated by some.
After selecting this topic I have tried to justify that the killing of an apostateis not
justified under Islamic law and should be abolished
Evidence
On the second and third page of my essay I haveidentified the principle issue for
the research in the topic. To supportmy views I havealso highlighted Surah’s and
Verses of the Quran that which haveshown that the punishmentof death for
apostasy is not justified.

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Outcome 2
Locate and retrieverelevant informationona specific topic using
Primary and secondary legal sources, inpaper or electronic media
Claim
I can locate the relevant information on a specific topic, using primary and
secondary sources. During my research I used books and the World Wide Web for
my research. To start off I did reading fromthe a book by N.J. Coulson A history of
Islamic law and the University of London issued subjectguide to get the gist of the
topic. Then I went on to online sources for the rest of the research online articles
also helped a lot for my research and the University of London online library also
helped a lot.
Evidence
The bibliography of my research essay relates to various online articles that I read
through for my essay.

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Outcome 3
Use sources ina critical andreflectiveway.
Claim
I have achieved the skill of using sources in a critical and reflective way. In the
pages 2 and 3 of my essay I havedemonstrated the skill of critical and reflective
analysis of various academics and scholars.
Evidence
On pages 2 and 3, I havedemonstrated to usesources in a critical and reflective
way.

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Outcome 4
Withlimitedguidance and using a range of legal resources, plan, research and
produce an original piece of legal writing some of which should address areas of
law not previously studiedindepth.
Claim
I completed this essay using the primary legal sourceand secondary legal sources
as I have discussed in Outcome number 2. To complete this essay I used
teamwork as with the help my colleagues and friends. The topic which I did my
essay on is Apostasy becausethis topic has been briefly discussed in Islamic law
and not touched upon in depth.
Evidence
I certify this essay is an original piece of legal writing. I am aware of the
consequences of plagiarism that apply.

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Outcome 5
Make an accurate assessment of your progress andthe quality of your work
and, using feedback, identify areas of improvement
Claim
I believe that in my research essay I havebeen able to identify and access through
sources the problemposed in the essay. I also received feedback frommy
colleagues, Taha Waqar and Faraz Khan Yousafzaiwho helped me to make my
essay even better.
Evidence
My essay and portfolio provides evidencefor the above claims which I have made
above. I have worked with my class fellow’s Taha Waqar and Faraz Khan Yousafzai
who helped me make my essay better.

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Outcome 6
Produce a word-processedportfolio, withfootnotes, using appropriate
formatting tools, and communicate and exchange documents by mail
Claim
I can word process text, with foot notes, using foot mating tools and I can
communicate and exchange documents by mail. In my essay I used Calibri font
size14 for all my basic content. I also used spell checkers and grammar checkers
to check my work. I also used email to correspond with my class fellows regarding
my research. Atthe end I converted it all to word processed file into adobe PDF.
Evidence
My entire portfolio is evidence of the claim. I havealso attached some email of
conversations with my class fellows on Page 21.

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Outcome 7
Briefly andaccurately present anddiscuss, orally inEnglish, legal
informationfrom standardtextbooks, leading cases or statutesina way that
responds relevantly tothe questionaskedor topic set and is understoodby the
audience.
Claim
I can briefly and accurately presentand discuss, orally in English, legal information
fromstandard textbooks, leading cases or statutes in a way that responds
relevantly to the question asked or topic set and is understood by the audience.
I made an oral presentation on an Islamic law topic of Dower. My presentation
was video recorded and sent to the University of London.
Evidence
Where you undertook the oral presentation (which Institution)
The Institute of Legal Studies (Islamabad)
What date you did it on
Saturday 22nd
March 2013
Who you did it in front of (Institution moderator)
Mr. Oves Anwar
I have attached the power point slides of my video presentation on page 24 to 27.

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Outcome 8
Work as an active and effective member of a team contributing productively to
the group’s task.
Claim
I attended the Research and Development class arranged every week under the
guidance fromthe research coordinator in order to cater to this outcome.
Students were encouraged to sharetheir ideas with the rest of the class and get
feedback on it. I had study sessions with my classmates and we exchanged books
and important articles. Also I exchanged emails with my class mates which
proved beneficial.
Evidence
I have attached some screen shots on Page 21 of the emails that I exchanged with
my classmates.

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How does Islam justify the deathpenalty for apostates?
The first thing that needs to be discussed here is how any Muslim Legal System is
governed by Islamic law. Islamic law still plays an important role in forming the
basis of any Muslim legal system and is regarded as one of the major legal
systems in the world today. Islamic law does not only regulate the religious affairs
but also talks about the daily life issues such as marriages, divorceand succession.
Islamic law is primarily regarded as a religious law. Most encyclopedias define
shariah as law derived fromthe Qur'an, the Sunna, and classical fiqh derived from
consensus (ijma) and analogy (qiyas).
This definition of shariah inappropriately lumps together the revealed with the
unrevealed. This blending of sources has created a muddled assumption that
scholarly interpretations are as sacred and beyond revision as are the Quran and
the Sunna. The Qur’an is regarded as a divine book by all the Muslims and it is the
duty of every Muslim to submit to its commands. Many verses of the Quran have
been interpreted and given legal perspectives which are now the principle of
Sharia law. The Sunnah of the Prophet (P.B.U.H) is regarded the second most
supreme source of the Sharia law and many people see it as the practical
application of the principles of the Qur’an. It comprises of the practices of the
Prophet (P.B.U.H) that were recorded and collected together and are referred to
as ahadiths.
As we have seen whatare the basic sources of the Islamic law so we mustnow
turn to the question as to what is apostasy?
Apostasy is the formal disaffiliation, or abandonmentor renunciation of religion
by a person. Onewho commits apostasy is an apostate (Murtid). According to the
traditional/orthodox Islamic position (as usual, with varying opinions), apostasy is
punishableby death. Male apostates receive capital punishmentand female
apostates receive life imprisonment,1
unless they repent. Both the Sunni schools
1 Typical ofmost aspects of Islamic law, andcontraryto the popular claims or assertions, there is noconsensus onsuch issues.
In this case, one of the prominent Maliki jurists, Ibn Rushddoes not differentiate between male and female inregard to the
punishment for apostasy. (1994) 'BidayatuMujtahidwaNihayatulMuqtasid', , vol 2(), pp. 383 [Online]. Available at:http://al-
islam.org/short/apostasy/7.htm (Accessed:25th April 2013).

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of thought and also the twelve Shia schools areof the view that death is the
punishmentfor the crime of apostasy. All the four Sunni schools of thought were
together on the point that the crime of apostasy is punishableby death but the
only but the only issuewas of having a different point of view regarding the fact
that whether he/she is to be killed at once or must be given a chance to repent.
Repentance can be regarded as an issueof contention in the Islamic legal
discourseon apostasy. However, thereis also so much disagreement about this.
Abu Hanifa as well as Hanafimadhhab in general considers asking apostates to
repent as only desirable.2
The four Imams of the Sunnischools believe that it is
obligatory to kill a person whoseapostasy againstIslamis proven.
If welook at another aspect of apostasy wewill be able to see that in Christianity
also points towards death as we can see in the verseof the old testament " If your
very own brother, or your son or daughter, or the wife you love, or your closest
friend secretly entices you, saying: Let us go and worship other gods(godsthat
neither you nor your fathershave known, godsof the peoplesaround you,
whether near or far, from one end of the land to the other, or godsof other
religions), do not yield to him or listen to him. Show him no pity. Do not spare him
or shield him. You must certainly put him to death. Your hand must be the first in
putting him to death, and then the handsof all the people.”3
However, itis not
dealt as strictly in Christianity as it is in Islam.
The real question to ask is whether such capital punishmentis justified under the
Islamic law. If such punishments can be seen as justified then how can a person
be given a chance to repent towards the true religion or as for forgiveness.
“Except those WHOREPENT AFTER THAT AND AMEND, then surely Allah is
Forgiving, Merciful.”4
As wecan see that according to IslamGod has the ultimate
power to punish or forgivea person for any sin how small or big it in the hereafter
and this can be seen as an issueof disagreement among many of Islamic jurists
and scholars. Scholars likeIbrahimal-Nakha'iand Sufyan al-Thawrihave rejected
2 Marghinani, Hidaya, vol. 2, pp. 871-872. In al-Sarim al-Maslul, p. 321, Ibn Taymiyya attributesthis viewto the whole Hanafi
madhhab.
3Deuteronomy13:6-9
4 Verse 3.89

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the death penalty for an apostate and given the opinion that the punishment
should be imprisonment until repentance. Another verseof the Qur’an translated
Behold, as for those who come to believe, and then deny the truth, and again
come to believe, and again deny the truth, and thereafter grow stubborn in their
denial of truth — God will not forgivethem, nor will guide them in any way.5
Many of the scholars who arein favor of death penalty for apostasy basetheir
view on the Hadiths which are the oral communications of the Holy Prophet
(PBUH) and it can be seen that the punishmentfor the crime of apostasy is indeed
death. Some examples of which can be seen as Narrated ‘Abdullah: Allah’s
Apostle said, “The blood of a Muslim who confesses that none hasthe right to be
worshipped butAllah and that I am His Apostle, cannotbe shed except in three
cases: In Qisas for murder, a married person who commitsillegal sexual
intercourse and the one who revertsfrom Islam (apostate) and leaves the
Muslims.”6
At another instance it can be seen Narrated Ikrima: Ali burnt some
people and the news reached Ibn’Abbas, who said, “had I been in his place I would
not have burntthem, as the prophetsaid, ‘don’tpunish anybody with Allah’s
punishment.’No doubtI would have killed them, if somebody (asMuslim) discards
his religion kill him.”7
An issuethat needs discussion hererelates to the punishment of this crime. As we
can see fromthe abovementioned narrations that there is contention on this
point as on one hand Hadith literature refer to death penalty at someinstances.
But on the other hand the Qur’an only talks about God’s punishment not in this
world but the hereafter. Many people argue on the authentication and credibility
of the Hadith literature that whether they relate to the Holy Prophet (P.B.U.H). A
hadith is the practices and precedents set by the Prophet (P.B.U.H) which were
narrated and were interpreted by other scholars. Itwould bearrogantof to say
that they made mistakes while interpreting them but it can be argued that the
original interpretation and what the Prophet’s (P.B.U.H) messagewas could have
been misinterpreted.
5An-Nisaa'4:137
6 Al Bukhari, 4:52:260
7Sahih al-Bukhari, 4:52:260,

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The Nasr Abu Zayd case can be seen as a key ruling on this issue. For the first time
the courtgave the definition of the crime of apostasy and how it can be
committed. It was defined as “a clear declaration of unbelief (kufr)” by a Muslim.8
In the light of the above mentioned words it can be seen that proclamation of
being an apostate by a Muslim is a requirement. Only Muslims who openly
declare can be regarded as an apostate. In the words of the court: Merely
believing the mentioned [unbelief] is not considered apostasy, unlessit is
embodied in wordsor actions. According to the majority of the Muslim legal
scholars, among them the Hanafis, it suffices to consider a person an apostate
once he deliberately speaksor acts in unbelief, as long as he meant to be
degrading, contemptuous, obstinate, or mocking.9
TheCourtbased its decision of
regarding him as an apostate the fact that certain publications by Abu Zayd in his
capacity as a professor of Arabic language an Islamic Studies at the Liberal Arts
Faculty of Cairo University wherehe was teaching Quranic Sciences which lead to
him being guilty of blasphemy and ultimately apostasy.
In my humble opinion and in context of the above discussion I think that there
should be no restriction on following of any religion of this world and also as a
Muslim I believe that subject to certain misinterpretations of some scholars the
concept of apostasy in Islam is portrayed as one of the harsh concepts and this
harshness according to my humble opinion should be mitigated. Also as we can
see that Islamplaces no restrictions on the choosing of a religion other than Islam
and this can be traced back to the following verse. “Let there be no compulsion in
religion: Truth stands out clear from Error: whoever rejects evil and believes in
Allah hasgrasped the most trustworthy.”10
In thelight of an article by Mohammad
Omar Farooq11
it can be seen that over the years this concept has been confused
with treason. It would not be wrong to say that this goes against the fundamental
principles of Islam as Mohammad Omar Farooq also highlights that freedom of
religion is an essential part of Islam. A Pakistani Islamic scholar Javed Ahmad
8 Maurits S. Berger (Feb2, 2004) Apostasyand Public Policy in Contemporary Egypt: An Evaluation of Recent Cases from Egypt’s
Highest Courts. [Online]. Available at:www.muhammadanism.org/Zwemer/apostasy/pdf (Accessed:27th April 2013).
9 Court of Cassation(5 Aug. 1996) supra note 32., : .
10 [2/al-Baqarah/256]
11 Mohammad Omar Farooq (September 2006) 'Apostasy, Freedom andDa’wah:Full Disclosure in a Business-like Manner', , (),
pp. [Online]. Available at:papers.ssm.com/sol3/papers.cfm?abstract_id=1514019 (Accessed:27th April 2013).

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Ghamidi writes that punishment for apostasy was part of Divine punishment for
only those who denied the truth even after clarification in its ultimate form by
Muhammad (he uses term Itmam al-hujjah), hence, he considers this command
for a particular time and no longer punishable.12
At many instances different views havebeen come into light relating to this
concept. This misunderstanding of the significance of the word apostasy in the
Qur’an and the punishmentassigned to it in the Hadith of the Prophet (PBUH)
destroyed in the classicaljurisprudencethe basis of the Islamic conceptof
tolerance and human responsibility.13
In an article by Abdul Rehman Abdul Talib
wherehe has justified the punishmentof apostasy by saying that “it will change
the true nature of Islam, as Islamis a way of life which encompasses many
aspects”.14
According to Dr. Ahmad Shaffat, he does not see death penalty in line
with the rules prescribed by God Qur’an as it doesn’tspecify death penalty on the
crime of apostasy and according to him God never intended such penalty to be
included in the Sharia.15
If wetry to look at this punishment under the Human Rights perspectivewe can
easily criticize this as being very harsh as no one has a right to kill people for
letting go of their practice of Islamas it goes against the very nature of Islam.
Many organizations havebeen made world over to cater to this concern. The
council for ex-Muslims16
was created for this very reason to providecounseling
and rehabilitation services to the people who have left Islamas they may be in
danger not only in their own country but also in foreign countries. An important
case in relation to this discussion is the Afghan case of Abdul Rahman.17
Here the
issuerelated to an Afghan-born Muslim who was accused of apostasy for
12 Javed Ahmad Ghamidi (November, 1996) 'The Punishment for Apostasy, Renaissance – MonthlyIslamic Journal', , Al-Mawrid,
6(11)()
13 (n.d.) '', inAbuSulayman(ed.). :, pp. p. 104..
14(n.d.) '', in (ed.) Apostasy- no justification for Islam to change policy. : , pp. .
15 Q & A - THE PUNISHMENT OF APOSTASY IN ISLAM - Part I:The Qur`anic Perspective
16http://en.wikipedia.org/wiki/Central_Council_of_Ex-Muslims
17
MandanaKnustRassekhAfshar (n.d.) The Right to a Fair Trial Between Islamic Law and Human Rights in the Afghan
Constitution. [Online]. Available at:http://www.mpil.de/shared/data/pdf/pdfmpunyb/13_knust.pdf (Accessed:30 April 2013).

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converted to Christianity. Itwas argued by many that it was an attack on Islam
and it was nothing but asking for a death penalty, but as this issuedrew the
attention of public as it was highlighted and heavily reported therefore he was
released on the ground of freedom of religion.
In my humble opinion a person should not be forced to follow any religion
whatsoever and it is againstthe freedomof religion and no one should be subject
to threat of harm or death for expressing his/her own wishes as it also goes
against the true wishes of Islam. Theremustbe, above all, a liberty in religion, the
virtue that will vindicate the rights of men and securethe honor of the family;
that will encourageeducation and make it thrive. Liberty is the soulof religion.
Doubtless, liberty is the dearestthing to man after his life. To lose it is to banish
hope, and check labor; to let the soulexpire, the laws die and the rules are
transgressed."18
Thecruxof the abovediscussion suggests thatit is only the
interpretation of many scholars thatrelates to the death penalty for an apostate
and it is therefore suggested here that the killing of an apostate does not seem to
be justified as it stands againstthe freedomof thought and religion and also
against the true spirit of the Islamic jurisprudence.
18 SAMUEL M. ZWEMER (February 2, 2004) 'THE LAW OF APOSTASY IN ISLAM ', , (), pp. [Online]. Available
at: www.muhammadanism.org (Accessed:28 April 2013).

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BIBLIOGRAPHY
1- Mohammad Omar Farooq (September 2006) 'Apostasy, Freedomand
Da’wah:FullDisclosurein a Business-likeManner', , (), pp. [Online]
2- http://www.islamicperspectives.com/apostasy1.htm
3- Maurits S. Berger (Feb 2, 2004) Apostasy and Public Policy in Contemporary
Egypt: An Evaluation of Recent Cases from Egypt’sHighestCourts. [Online].
4- SAMUEL M. ZWEMER (February 2, 2004) 'THELAW OF APOSTASYINISLAM
', , (), pp. [Online]. Available at: www.muhammadanism.org
5- MandanaKnustRassekhAfshar () The Case of an Afghan Apostate – The Right
to a Fair Trial Between Islamic Law and Human Rights in the Afghan
Constitution

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Research Evidence

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Online Presentation Certificates

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Online PresentationSlideshow
WAQAS BIN AAMIR
University of London
International Program
Has the importance of dower
changed in the modern times?
Highlighting Points
What is the basis of this tradition?
What are the different forms of
dower?
Dower in the modern era?

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First Question - basis of this tradition?
 Treating girls as slaves
 Basic definition: a sum of money or other
property which the wife is entitled to receive
from the husband in consideration of the
marriage
 Surah an-Nisa, (4:4) in which the Qur'an
says: "Give to the women a free gift of
their marriage portions".
Second Question - different forms of dower?
Types Of Dower
1. Stipulated Dower
2. Not Stipulated or Specified
3. Proper Dower

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Third Question - Dower in the modern era?
More of Ostentation.
Certainly not the Sunnah.
Problem where marriage is not
Successful.
Third Question - Dower in the modern era?
Khula: A problem for women.
Today: Marriages conducted with great
pomp.
Women also have started working.
Rural Areas of third world countries.

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Conclusion
Dower holds its importance in modern
times.
Better to implement according to rules
prescribed by The Quran.
Should be implemented in its true
sense.

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