The Obligation of Bringing Those Who Mock the Religion Before the Courts
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There are writers who mock the religion, and they mock the Sunnah of the Prophet (peace and blessings be upon him), the Shari'ah punishments, and some of the unseen matters of the religion. What is the ruling on bringing legal cases against them in a country that does not rule by the law of Allah and does not implement the punishment for apostasy, but is content with fining them or imprisoning them for a month, or suspending the execution of the judgment? Is it permissible to bring cases against them?
I am asking you now: If they were in a country that implements the punishments, would they be brought before the ruler, or not?The questioner: Yes, they are brought.
The Shaykh: If they were in a country that never implements the punishments, and the perpetrator is not subjected to imprisonment or a fine, are they brought or not?The questioner: They are not brought.
The Shaykh: A country that gives them some form of punishment, but it is not the complete punishment, are they brought or not?The questioner: They may be brought, or they may not be brought.
The Shaykh: (May) is not correct; rather, they are brought; because in this there is a public benefit in making it known that the symbols of Allah are respected and the religion of Allah is respected, as evidenced by the fact that they imposed the punishment for this.
So now you have three categories: One category applies the Shari'ah and gives this person his full right of punishment, so there is no doubt that it is obligatory to bring him.
Another category does not care, does not bring him at all, and sees no harm in this; this one is not brought! What is the benefit?The third: If it gives a type of punishment, he is brought.
The questioner: Even if it is contrary to the ruling of the Shari'ah?The Shaykh: But it is a punishment. Which is more preferable: that he be punished and it becomes known among the people that he was punished because he did such and such, or that he be left alone to do what he wishes and whoever wishes to follow him does so? Which is more preferable?The questioner: He is punished.
I am asking you now: If they were in a country that implements the punishments, would they be brought before the ruler, or not?The questioner: Yes, they are brought.
The Shaykh: If they were in a country that never implements the punishments, and the perpetrator is not subjected to imprisonment or a fine, are they brought or not?The questioner: They are not brought.
The Shaykh: A country that gives them some form of punishment, but it is not the complete punishment, are they brought or not?The questioner: They may be brought, or they may not be brought.
The Shaykh: (May) is not correct; rather, they are brought; because in this there is a public benefit in making it known that the symbols of Allah are respected and the religion of Allah is respected, as evidenced by the fact that they imposed the punishment for this.
So now you have three categories: One category applies the Shari'ah and gives this person his full right of punishment, so there is no doubt that it is obligatory to bring him.
Another category does not care, does not bring him at all, and sees no harm in this; this one is not brought! What is the benefit?The third: If it gives a type of punishment, he is brought.
The questioner: Even if it is contrary to the ruling of the Shari'ah?The Shaykh: But it is a punishment. Which is more preferable: that he be punished and it becomes known among the people that he was punished because he did such and such, or that he be left alone to do what he wishes and whoever wishes to follow him does so? Which is more preferable?The questioner: He is punished.