BAYAN LINNAS SERIES 174: CARICATURE AND INSULT TOWARDS THE PROPHET PBUH

 BLN174

 

Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.

Recently, discussion on the caricature of the Prophet PBUH arises again. This causes worry among the Muslims in this country. It worsens by the spark of social media in which the netizens give their comments, which most of them voice out their uneasiness as well as strongly defying such issue.

We already made some statements pertaining to the issue since several years ago regarding the insult towards our beloved Prophet PBUH. One of them is Bayan Linnas Series 55: Don’t ever insult the Prophet PBUH! [1]

This time, we try to state our opinion on the issue of Prophet PBUH’s caricature. Hence, this series of Bayan Linnas is named as Caricature and Insult Towards the Prophet PBUH. May this nurture our love towards the Prophet PBUH.

Definition, Types and Purposes of Caricature

According to the Fourth Edition of Kamus Dewan, caricature is defined as picture, voice imitation, behaviour and etc. of a person which highlights certain features as a joke. (See http://prpm.dbp.gov.my/Cari1?keyword=karikatur)

In The Encyclopedia Britannica, caricature is defined as the distorted presentation of a person, type, or action. Commonly, a salient feature or characteristic of the subject is seized upon and exaggerated, or features of animals, birds, or vegetables are substituted for parts of the human being, or analogy is made to animal actions. [2]

Caricature may be divided into three types in terms of manifestation:

Caricature normally is made as a reaction upon a particular event that makes its fact able to be retrieved and searched upon. The characteristics of humour caricature is, it normally brings about humour. Among the purposes emphasized through caricature is critics, insinuations, insults, suggestions, entertainments and responses towards particular events in the society. [4]

Insult Towards the Prophet PBUH

The Fourth Edition of Kamus Dewan defines insult as something of insult. While insulting means an act of making others as a heinous, low position and etc. It also means offense others’ feelings (cursing and other), devaluing others’ name and reprehending. [5]

Allah SWT says:

وَمِنْهُمُ الَّذِينَ يُؤْذُونَ النَّبِيَّ وَيَقُولُونَ هُوَ أُذُنٌ ۚ قُلْ أُذُنُ خَيْرٍ لَّكُمْ يُؤْمِنُ بِاللَّـهِ وَيُؤْمِنُ لِلْمُؤْمِنِينَ وَرَحْمَةٌ لِّلَّذِينَ آمَنُوا مِنكُمْ ۚ وَالَّذِينَ يُؤْذُونَ رَسُولَ اللَّـهِ لَهُمْ عَذَابٌ أَلِيمٌ

And among them are those who abuse the Prophet and say, "He is an ear." Say, "[It is] an ear of goodness for you that believes in Allah and believes the believers and [is] a mercy to those who believe among you." And those who abuse the Messenger of Allah - for them is a painful punishment.

Surah al-Tawbah (61)

Even though we already stated on the ruling of insulting and cursing the Prophet PBUH in our several past series of Bayan Linnas, we bring upon once again here by citing the opinions of other scholars.

Among their opinions regarding the ruling of insulting and cursing the Prophet PBUH are:

Even if its punishment is resolute, but we already answered the issue on is it permissible for a person to take charge by killing the people who insult the Prophet PBUH in recent days? This may be referred to our website in Irsyad al-Fatwa Series 297: Whoever Insulted the Prophet PBUH Shall Be Prosecuted? [6] Among the conclusion is we state as follows: In the context of Malaysia in which we have legal systems to curb the actions of insulting Islam, we should submit complaint to the authorities on any utterance, behaviour and action which may be interpreted as insulting the Prophet PBUH, so they shall take action according by the law. We shall not take our own actions to punish by not asserting to the laws, whatnot by coercion, as it may stir the image of Islam, Muslims and country’s peacefulness as mentioned “the killing may be a reason of fitnah or make the people become afraid of embracing Islam”.

Does the Repentance of Those Who Insulted the Prophet PBUH Be Accepted?

There are two opinions on regard of the issue:

First: His Repentance Will Not Be Accepted

This is the popular opinion to maddhab Hanbali and he will be killed in the state of kafir without needed of prayed upon, nor du’a of blessing was made for them and he is buried at a place far from the Muslim cemetery.

Second: His Repentance is Accepted If He Truly Repents

This is based on the general meaning from the text of al-Quran:

قُلْ يَا عِبَادِيَ الَّذِينَ أَسْرَفُوا عَلَىٰ أَنفُسِهِمْ لَا تَقْنَطُوا مِن رَّحْمَةِ اللَّـهِ ۚ إِنَّ اللَّـهَ يَغْفِرُ الذُّنُوبَ جَمِيعًا ۚ إِنَّهُ هُوَ الْغَفُورُ الرَّحِيمُ

Say, "O My servants who have transgressed against themselves [by sinning], do not despair of the mercy of Allah. Indeed, Allah forgives all sins. Indeed, it is He who is the Forgiving, the Merciful."

Surah al-Zumar (53)

We are inclined to the second opinion. This is because there are some people who insulted the Prophet PBUH who have repented to Allah with a nasuha tawbah and was accepted by the Prophet PBUH without being punished. The same for the stated verse above.

The Story of Ka’ab bin Asyraf Who Was Hostile Towards the Prophet PBUH

During the times of the Prophet PBUH, it was recorded on how there was an individual who was strongly hostile towards the Prophet PBUH, insulted him and incited others to oppose the Prophet PBUH. His name is Ka’ab bin Asyraf, a Jew who is so extreme in hating Islam, the Muslims, the Prophet PBUH as well as in calling towards opposing the Prophet PBUH.

When the news of the winning of the Muslims and Quraish troop was defeated in the war of Badr reaches him, this enemy of Allah started to insult the Prophet PBUH and the Muslims. Conversely, he praised their enemy and incited them to quickly kill those Muslims. He then went to the Quraisy to meet Muthallib bin Abu Wuladah al-Sahmy. There, he recited some poems while cried upon the death of the musyrikin who were buried deep under the well of Badr. By doing so, he hoped that it will raised their anger towards the Prophet PBUH as well as called them upon opposing the Prophet PBUH. Then he returned to Medina and he kept on reciting those poems which offend the wives of the Companions, that those sharp words bleed their heart. Then, the Prophet PBUH said:

مَنْ لِكَعْبِ بْنِ الأَشْرَفِ، فَإِنَّهُ قَدْ آذَى اللَّهَ وَرَسُولَهُ

"Who is ready to kill Ka`b bin Al-Ashraf who has really hurt Allah and His Apostle?"

He then gave the mandate of killing Ka’ab to Muhammad bin Maslamah, Abbad bin Bisyr, Abu Nailah. Muhammad bin Maslamah was appointed as the leader of this special team.

On the night of 14th Rabiul Awwal of the 3rd Hijrah, this special team came to the house of Kaab bin Asyraf. Ka’ab went out with clothes that smell divinely good. It was fairly well accepted by Abu Nailah and Muhammad bin Maslamah that they asked him to have some talk. Abu Nailah pretended to smell the goodness of Ka’ab’s hair that he tried to stroke his hair while saying: “Indeed, I have never experience a night of such fragrant.” Ka’ab felt proud hearing such compliment. Abu Nailah repeated it again. He stroked Ka’ab’s hair again, but then he snatched it while holding his neck and call upon his friends: “Kill this enemy of Allah!” That same moment, multiple swords run through his chest. That is the story of Ka’ab bin Asyraf, the leader of the Jews who was hostile towards Islam and in hurting the Prophet PBUH. (See al-Rahiq al-Makhtum by Sofiyyurahman al-Mubarakfuri, pg. 358-362)

Sultan Abdul Hamid II Opposed a Comedy Theatre Which Insulted the Prophet PBUH

We cite here the story of how Sultan Abdul Hamid II defended the Prophet PBUH from being insulted and degraded.

On the year 1889, Henri de Bornier, a poet and scriptwriter from France has written a script for an anti-Islam theatre entitled Mahomet. It is a French satirical play and a rehearsal has been done for the broadcast on 1890. The comedy theatre play is in the form of insulting the Prophet PBUH and Islamic creed.

Sultan Abdul Hamid II who came to know it immediately intervened to prevent it from being broadcasted in France theatre houses. Lastly on 1890, the Prime Minister of France of that time, Charles De Freycinet has banned the production of Mohamet.

When the writer who seriously addressed his hostility towards Islam and the Muslims due to his fanaticism towards Christianity was not allowed to go on with his intention to do the play in France, he then tried to broadcast it in England. Preparation was done to do the play in London's Lyceum Theatre. Sultan Abdul Hamid once again put his hand to forbid the play from being broadcasted in England.

Until 1896, there is no single scene was played in the theatre for public entertainment. After Bornier, no other European scriptwriter dares to write a play on the life of the Prophet PBUH. [7]

The Prohibition of Sketching the Picture of the Prophet PBUH

We also would like to highlight here that Islam does not permit any sketch of the Prophet PBUH’s picture in any method or way. The most important thing to understand by every individual is Islam is divided into two main aspects which are interrelated and is impossible to be separated.

These two aspects are aqidah and shari’a. Aqidah in Islam is the faith or belief of the Muslims, which in general includes the concept of God, prophethood and the Hereafter. While shari’a is a legal system or way of living set through a specific sources of ruling which in a sense aimed to preserve the purity and strength of the belief of the Muslims themselves. For example, Islam decided in term of aqidah that it is wajib for each Muslim to believe that Prophet Muhammad PBUH is a prophet, while Shari’a holds onto and consolidates this doctrine of belief by affirming that Muslims who defy such belief intentionally without having any other interpretation and excuse shall be punished with a particular punishment as a repayment of such defiant.

In this perspective, shari’a is brought by Islam by using many methods which are murunah or flexibility to curb anything which may degrade, insult or tarnish Islam, especially for matters related to the aqidah and belief or also said as faith. So, in many methods used by shari’a to curb any damage which method is named as sadd al-zari’ah which means ‘closing doors of harm’. This method is among the most widely used in Shara’ evidences which purpose is to close from the start any ways which is feared may lead the Muslims towards harm and destruction.

For example, Islam forbids adultery. This prohibition is then manifested by the shari’a by outlining barriers in communicating between men and women, in fact stating a particular code of ethics in term of clothing in general to prevent all ways which may lead to adultery. The same for if we go back to the issue of drawing or sketching the face and physique of Prophet Muhammad PBUH; this prohibition has its own significance since it touches directly on the belief of the Muslims itself and opening the door towards such act is feared may defect the belief and faith or in fact tarnish the purity of Islamic faith itself.

Basically, there is a clear ruling from Shari’a on regards of paintings which were made to be honored upon or taken as quds (to be sanctified). The history of wathaniah (idolatry) proves that the early people has produced paintings or idol as a memoir, but then go to the extent of sanctifying it and make is an intermediary of worship.

This is recorded in the verse 23, Surah Nuh:

وَقَالُوا لَا تَذَرُنَّ آلِهَتَكُمْ وَلَا تَذَرُنَّ وَدًّا وَلَا سُوَاعًا وَلَا يَغُوثَ وَيَعُوقَ وَنَسْرًا

And said, 'Never leave your gods and never leave Wadd or Suwa' or Yaghuth and Ya'uq and Nasr.

Surah Nuh (23)

The scholars of tafsir explained the above saying of Allah SWT, that the names of the idols stated in this verse is originally the names of pious people, but when they passed away, shaytan whispered to their people to make monuments in their gatherings and named the monuments with their names. Then the people did so. Originally, those monuments are not worshiped, but when their generations passed and knowledge is forgotten, only then those idols started to be worshipped.

In this matter, it clearly shows that shara’ forbids picturing Prophet Muhammad PBUH in any painting and the like is to prevent what befallen the past nations to the extent of honoring their holy people like worshipping God.

Another logic which brings about the prohibition is seen to several assumptions based on analysis of the Muslims scholars as the following:

First: Imagining the face or physique of Prophet Muhammad PBUH whether in the form of a character, painting or the like will never be the same as the real face or physique of Prophet Muhammad PBUH, therefore may lead to fabrication towards the Prophet PBUH in term of action because fabrication is definitely not through the words only. So, fabrication upon a prophet is clearly something haram based on a sahih hadith which says:

مَنْ كَذَبَ عَلَىَّ مُتَعَمِّدًا فَلْيَتَبَوَّأْ مَقْعَدَهُ مِنَ النَّارِ

‘Whoever lies upon me intentionally, then let him take his seat in the Fire’

Sahih al-Bukhari (1291) and Sahih Muslim (4)

Second: Flaws and weaknesses happen due to human mistake will draw an impression towards the face and physique of Prophet Muhammad PBUH as seen by healthy eyes is something which may defect the Prophet PBUH’s character then is considered as an action of harming the Prophet PBUH himself is highly prohibited and haram by the Shari’a based on the saying of Allah SWT:

إِنَّ الَّذِينَ يُؤْذُونَ اللَّـهَ وَرَسُولَهُ لَعَنَهُمُ اللَّـهُ فِي الدُّنْيَا وَالْآخِرَةِ وَأَعَدَّ لَهُمْ عَذَابًا مُّهِينًا

Indeed, those who abuse Allah and His Messenger - Allah has cursed them in this world and the Hereafter and prepared for them a humiliating punishment.

Surah al-Ahzab (57)

Third: Prophet Muhammad PBUH is the role model of His nation, therefore imagining the Prophet PBUH that leads to defects and flaws may draw unjust or diverted opinion and impression upon the character of the Prophet PBUH for those who follow him. While Allah SWT says in the Quran:

لَّقَدْ كَانَ لَكُمْ فِي رَسُولِ اللَّـهِ أُسْوَةٌ حَسَنَةٌ لِّمَن كَانَ يَرْجُو اللَّـهَ وَالْيَوْمَ الْآخِرَ وَذَكَرَ اللَّـهَ كَثِيرًا

There has certainly been for you in the Messenger of Allah an excellent pattern for anyone whose hope is in Allah and the Last Day and [who] remembers Allah often.

Surah al-Ahzab (21)

Fourth: Picture and painting which is not accurate and even impossible to be accurate with the true character of Prophet Muhammad PBUH portrayed also may grow the Muslims’ suspicion towards their faith in Prophet Muhammad PBUH or nevertheless stir their respect towards the sanctity of Prophet Muhammad PBUH as the best of person in morale and character. The bigger implication is may tarnish the Muslims’ belief towards Prophet Muhammad PBUH as qudwah (exemplary/ role model) as well as the source of reference of the Muslims after al-Quran.

Apart from the above arguments, belief in Prophet Muhammad PBUH also is a branch of believing in the unseen. However, it is not included under the category of the absolute unseen since Prophet Muhammad is only ‘unseen’ for the later nation and is not ‘unseen’ to his Companions and the generations who have the chance of living and seeing him during his life. Therefore, it is something to be cautious as there are vast defiance existed in current days all due to being extreme in discussing the matter of the unseen.

Permitting the painting of face or physique of Prophet Muhammad PBUH means opening the door to certain parties to draw as well as imagining all other matters of the unseen in Islam like painting the picture of Allah, the angels, Paradise, Hellfire and etc.

On regards of this explanation, we may draw a conclusion that permitting imagination of picture or sketch of the Prophet PBUH in direct or indirect manner may lead to instilling the elements of khurafat, superstition and fantasy in the aqidah of Islam which bit by bit will erode the attribute of Islam as a religion free from fable and myth, especially when it will damage the tathabbut system in which ensuring everything related to the religion is divinely true as assembled by the scholars like in the methodology of the science of hadith and usul al-fiqh.

Based on the above evidences and arguments, we get that the Muslim scholars as well as some prominent Islamic institutions have announced the fatwa on prohibition of producing painting or any image of the Prophet PBUH. Among them is the fatwa of Syeikh Hasanain Makhluf on May 1950 in the book al-Fatawa al-Islamiyyah, chapter 4, page 1297, Lajnah Fatwa al-Azhar on June 1968, Majlis Majma' Buhuth al-Islamiyyah on February 1972 and on the 8th Majlis Majma' al-Fiqh al-Islami Makkah on the year 1405 hijrah. 

The prohibition is based on the stand of the Muslim scholars to protect Islamic welfare as well as the Muslims themselves and it was explained according to the naqli/evidence-based arguments (al-Quran and al-Sunnah) and the aqli or men’s logic. However, if it is found that they still question such decision, it does not persist due to any defect in the above arguments, but merely humanly habit of never having enough as well as ignorance in respecting others’ belief as well as being adamant of not comprehending the priority of religious harmony in this country.

Statement of The Yang Di-Pertuan Agong and Sultan of Selangor

We state here the statement of the Supreme Head of the country regarding to the responsibility of preserving the sanctity of Islam as well as defending the Prophet PBUH from being insulted and joked around:

“Strict action shall be made upon any action which may threaten the country’s unity and harmony. I believe the position of Islam as the official religion of the Federation shall be understood deeply by each nation of all race and religion. Islam is not only an exclusive religion for particular groups, but in fact a universal way of living and brings mercy for all mankind”

 

“In fortifying the teachings of Islam in this country, other religions shall be respected for harmonious and peaceful life for all”

 

“Speaking on the influence of the media, especially on the irresponsibly usage of social media may threaten moral value based on the religion and the moral principles of the society. Even though My Government celebrates openness and freedom of speech, it is important to practice this freedom in the legal framework and the norm of societal living. At the same time, law enforcement agencies shall take strict action towards any social media broadcast which is against the law.”[8]

 

“Islam is the official religion of the Federation as stated in the Federal Constitution, and shall always be respected by people of this country.”

 

“Even though the action of insulting the Prophet PBUH and the sanctity of Islam is a crime before the law, in fact legal measure as well as punishments are enforced to those who committed such act, but it keeps on happening, as if there is no effect of the legal measure taken to these people” [9]

Statement of the Mufti of Federal Territories

The Committee of the Consultative Legal Committee of Federal Territories in its Special Meeting No 2/2019 on the 20th March 2019 has decided on the proposal of strongly deprecate the action of insulting the Prophet PBUH and also decided on the recommendations and suggestions presented.

We view seriously this issue which happens recently and it is a tragedy which is wajib to be avoided by all parties, Muslims or non-Muslims. We present some points:

Holy symbols of the religion shall be respected and is not insulted as we might. No religion enjoys their holy symbols being looked down. This is the same as Islam commands that all other religions’ places of worship to not be disturbed, in fact, the Muslims is prohibited from destroying or demolishing those places. Allah SWT says:

وَلَوْلَا دَفْعُ اللَّـهِ النَّاسَ بَعْضَهُم بِبَعْضٍ لَّهُدِّمَتْ صَوَامِعُ وَبِيَعٌ وَصَلَوَاتٌ وَمَسَاجِدُ يُذْكَرُ فِيهَا اسْمُ اللَّـهِ كَثِيرًا

And were it not that Allah checks the people, some by means of others, there would have been demolished monasteries, churches, synagogues, and mosques in which the name of Allah is much mentioned.

Surah al-Haj (40)

Imam al-Maraghi explained, if Allah SWT do not sanction the prophets and the believers to fight the enemy and uphold the foundation of this religion, surely the mushrik will conquer and destroy all places of worship. Places of worship meant are for the sages, church for Christians, synagogue of the Jews and mosque of the Muslims.

If it is not due to Allah SWT’s rejection, surely since the time of Prophet Moses AS, churches were destroyed, the time of Prophet Jesus (Isa) AS, monasteries were demolished and all houses of worship were demolished, and during the time of Prophet Muhammad PBUH, mosques were destroyed. (See Tafsir al-Maraghi, 9/4564-4565)

We present here some suggestions and recommendations:

Lastly, we call all Malaysians, leaders, head of nations and those of influence to always remind the respective underlings on the importance of respecting other religion and belief. Especially the belief in the Prophet PBUH which is very sensitive for the Muslims. If this is preserved and well-looked-at, then our life will be happy and always in peace. This is what we strongly want in living life. Lastly, we may reach Baldatun Toyyibatun wa Rabbun Ghafur.

We hope that this will produce awareness and penitence to us all. Remember, a life full of malignant, revenge and anger will never bring about happiness as well as love among us. Conversely, when we instill moral and respect as well as good conduct, surely it will bring peace in our life.

May this Bayan Linnas able to enlighten and give understanding to be together in knowing the duty, responsibility and rights among Muslims and non-Muslims so that Malaysia may be blessed by Him.

Akhukum fillah,

Dato’ Seri Dr Zulkifli bin Mohamad al-Bakri

Mufti of Federal Territories

25th March 2019 equivalent to 18th Rajab 1440H

End notes:

[1] http://muftiwp.gov.my/ms/artikel/bayan-linnas/1776-bayan-linnas-siri-55-rasulullah-saw-jangan-sekali-kali-menghina-baginda

[2] See https://www.britannica.com/art/caricature-and-cartoon

[3] See Karikatur dan Politik oleh Augustin Sibarani, pg. 89.

[4] See Pemanfaatan Aspek Kebahasaan Bentuk Kata Tuturan Humor dalam Karikatur, pg. 46.

[5] See portal Dewan Bahasa dan Pustaka on the keyword ‘penghinaan’ and ‘menghina’ [http://prpm.dbp.gov.my/Cari1?keyword=penghinaan]

[6] http://muftiwp.gov.my/ms/artikel/irsyad-fatwa/irsyad-fatwa-umum/3208-irsyad-al-fatawa-siri-ke-297-adakah-penghina-rasulullah-saw-halal-darahnya

[7] See archive of Ministry of Foreign Affairs, document TS-TI, record number 12, pg. 61 (taken from the book My Guide to Understanding Islam: Muslim Youth by Yusuf Karagol). See also C. E. Bosworth, ‘A Dramatisation of the Prophet Muhammad’s Life: Henri de Bornier’s “Mahomet”,’ Numen, Vol. 17, Fasc. 2 (Aug., 1970), p. 116.

[8] See portal Utusan Online, Pertahankan Perlembagaan tanpa kompromi – Seri Paduka, 12 Mac 2019. [http://www.utusan.com.my/rencana/utama/pertahankan-perlembagaan-8232-tanpa-kompromi-8211-seri-paduka-1.858854] Akses pada 13 Mac 2019.

[9] See Utusan Online, Hina Nabi: Sultan Selangor Kecewa, 04 Mac 2019. [http://www.utusan.com.my/berita/nasional/hina-nabi-sultan-selangor-kecewa-1.853398] Accessed on 13 Mac 2019.