تحقيق رأي المالكية في الإساءة إلى الرسول -صلى الله عليه وسلم- من خلال دراسة كتاب الشفا للقاضي عياض: دراسة فقهية

Standard Position of Mālkī School of Law in Issue of Blasphemy of the Prophet (peace be on him) according to the Kitāb ʻl Shifā of Qāḍī ʿAiyyāḍ: A Jurisprudential Analysis

Abstract

Jurists of the Maliki School of law are of the view that a Muslim blasphemer must be given death punishment and, according to their preferred view, his repentance has no legal effect in pardoning him from this punishment. With regard to non-Muslim blasphemer, however, they opine that he will be given death punishment, because blasphemy has terminated his contract with Islamic state. Yet, if he embraces Islam, Maliki jurists are then divided into two views. In his Al-Shifā, Qāḍī ʿIyāḍ has extensively discussed these issues exploring the legal effective cause underlying all views and concluded that the act of blasphemy per se is effective cause for the punishment. This work aims to analyze the Qāḍī ʿIyāḍ’s work and other original sources of Maliki School to identify the standard view of the school concerning the blasphemer. As the determination of a legal cause will enable us to comprehend all relevant rules, this work adopts the jurisprudential approach in attempting the question of what the legal reason is for awarding the punishment to a blasphemer in Maliki school.