تحقيق رأي الحنفية في المسلم المسيء إلى الرسول ﷺ -دراسة فقهية نقدية

Expounding the Standard Hanafi Position on Muslim Blasphemer: A Critical Inquiry into the Hanafi Legal Manuals

Abstract

The jurists have disagreement on the issue of blasphemer, after their consensus that a Muslim blasphemer must be given death punishment because of his kufr and apostasy. But if he repents, then they have disagreement on the issue of his punishment. It is narrated from the earlier Hanafi jurists that blasphemy by a Muslim amount to apostasy in which repentance obliterates the capital punishment. Contrarily, the later Hanafi jurists maintained that repentance does not obliterate the Hadd punishment and it shall be awarded. Ibn Abdin al-Shami, a renowned later Hanafi jurist, however, asserts that it was al-Bazzazi to have had this position who was followed by the later jurists without critically evaluating the principles of the Hanafi School to discern whether this position is in line with the principles set by the eponym founder of the school. This work is devoted to expound the standard Hanafi position on the issue of Muslim Blasphemer. It examines different views maintained by the Hanafi jurists along with the corollaries flowing from them. The work, notably, aims to disclose the effective cause as determined by Hanafi school, to streamline all the legal rules regulating the blasphemy issue.