Apostasy in Islam
||The neutrality of this article is disputed. (August 2014)|
and other religions
Apostasy in Islam (Arabic: ردة riddah or ارتداد irtidād) is commonly defined as the conscious abandonment of Islam by a Muslim in word or through deed. It includes the act of converting to another religion (such as Christianity) by a person who was born in a Muslim family or who had previously accepted Islam.
Apostasy in Islam includes in its scope not only former Muslims who have renounced Islam to join another religion or become an atheist, but Muslims who have questioned or denied any "fundamental tenet or creed" of Islam such as Sharia law (unbelief), or who have mocked God, worshiped one or more idols, or knowingly believed in an interpretation of Sharia that is contrary to the consensus of ummah (Islamic community). The term has also been used for people of religions that trace their origins to Islam, such as Bahá'ís in Iran, and Ahmadiyya in Pakistan and Indonesia.
The definition and appropriate punishment for apostasy in Islam is controversial, and it varies among Islamic scholars. In Islam’s history, the vast majority of scholars have held that apostasy in Islam is a crime punishable with the death penalty, typically after a waiting period to allow the apostate time to repent and return to Islam. Some contemporary Muslim scholars also hold the traditional view that the death penalty for apostasy is required by the two primary sources of Sharia - the Quran and the Hadiths - while others argue that the death penalty is an inappropriate punishment. A majority considers apostasy in Islam to be some form of religious crime, although some reject the use of the death penalty while a minority of contemporary Islamic scholars, relying on the Quran, hold the view that apostasy in Islam is not a crime.
Under current laws in Islamic countries, the actual punishment for the apostate (or murtadd مرتد) ranges from execution to prison term to no punishment. Islamic nations with sharia courts use civil code to void the Muslim apostate’s marriage and deny child custody rights, as well as his or her inheritance rights for apostasy. Twenty-three Muslim-majority countries, as of 2013, additionally covered apostasy in Islam through their criminal laws.
- 1 Scriptural references
- 2 Punishment for apostasy
- 3 Historic impact of apostasy
- 4 Apostasy in the recent past
- 4.1 Background
- 4.2 Afghanistan
- 4.3 Algeria
- 4.4 Bangladesh
- 4.5 Brunei
- 4.6 Egypt
- 4.7 Indonesia
- 4.8 Iran
- 4.9 Jordan
- 4.10 Kuwait
- 4.11 Malaysia
- 4.12 Mauritania
- 4.13 Morocco
- 4.14 Oman
- 4.15 Pakistan
- 4.16 Qatar
- 4.17 Saudi Arabia
- 4.18 Somalia
- 4.19 Sudan
- 4.20 United Arab Emirates
- 4.21 Yemen
- 4.22 West and immigrant communities
- 4.23 Other countries
- 5 Effects on Islamic learning
- 6 Universal Declaration of Human Rights
- 7 See also
- 8 References
- 9 Further reading
- 10 External links
Quran discusses apostasy in many of its verses. For example:
But those who reject Faith after they accepted it, and then go on adding to their defiance of Faith,- never will their repentance be accepted; for they are those who have (of set purpose) gone astray.
Make ye no excuses: ye have rejected Faith after ye had accepted it. If We pardon some of you, We will punish others amongst you, for that they are in sin.
He who disbelieves in Allah after his having believed, not he who is compelled while his heart is at rest on account of faith, but he who opens (his) breast to disbelief-- on these is the wrath of Allah, and they shall have a grievous chastisement.
In these, and other verses, Quran reprimands apostasy in Islam and suggests it deserves chastisement. However, Quran does not reveal a specific punishment for apostasy. The sunnah in Hadiths, which form part of Sharia, specify death penalty.
Within the different Hadith collections, there are references to punishments for committing apostasy in Islam. For example, in the Sahih al-Bukhari, the most trusted book in Islam after Quran, punishments for apostasy are described:
Allah's Apostle said, "The blood of a Muslim who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims."
Ali burnt some people and this news reached Ibn 'Abbas, who said, "Had I been in his place I would not have burnt them, as the Prophet said, 'Don't punish (anybody) with Allah's Punishment.' No doubt, I would have killed them, for the Prophet said, 'If somebody (a Muslim) discards his religion, kill him.'
A man embraced Islam and then reverted back to Judaism. Mu'adh bin Jabal came and saw the man with Abu Musa. Mu'adh asked, "What is wrong with this (man)?" Abu Musa replied, "He embraced Islam and then reverted back to Judaism." Mu'adh said, "I will not sit down unless you kill him (as it is) the verdict of Allah and His Apostle.
"(4152) 'Abdullah (b. Mas'ūd) reported Allah's Messenger as saying: It is not permissible to take the life of a Muslim who bears testimony (to the fact) that there is no god but Allah, and I am the Messenger of Allah, but in one of the three cases: the married adulterer, a life for a life, and the deserter of his Din (Islam), abandoning the community."
What constitutes apostasy in Islam
Apostasy is called irtidād (which literally means relapse or regress) or ridda in Islamic literature; an apostate is called murtadd, which means 'one who turns back' from Islam. Someone born to a Muslim parent, or who has previously converted to Islam, becomes a murtadd if he or she verbally denies any principle of belief proscribed by Qur'an or a Hadith, deviates from approved Islamic tenets (ilhad), or if he or she commits a blasphemy such as treating a copy of the Qurʾan with disrespect. A person born to a Muslim parent who later rejects Islam is called a murtad fitri, and a person who converted to Islam and later rejects the religion is called a murtad milli.
A person is considered apostate if he or she converts from Islam to another religion. A person is an apostate even if he or she believes in most of Islam, but verbally or in writing denies of one or more principles or precepts of Islam. For example, a Muslim who doubts the existence of Allah, enters a church or temple, makes offerings to and worships a symbol of Christ, an idol or stupa or any image of God, celebrates festivals of non-Muslim religion, helps build a church or temple, confesses a belief in rebirth or reincarnation of God, disrespects Qur'an or Islam's Prophet, are all individually sufficient evidence of apostasy.
Example evidence of Apostasy in Islam, according to Sunni Shafi'i school of jurisprudence (Fiqh), are: (a) bowing before sun, moon, objects of nature, idols, cross or any images symbolically representing God whether in mere contrariness, sarcastically or with conviction; (b) intention, hesitation or actually committing unbelief in Islam; (c) speak words such as "Allah is part of trinity", "Jesus is the son of Allah", "I am a Prophet", or "I am Allah"; (d) revile, question, wonder, doubt, mock or deny the existence of Allah or Prophet of Islam or that the Prophet was sent by Allah; (e) revile, deny, doubt or mock any verse of the Quran, or the religion of Islam; (f) deny or fail to practice that which is considered obligatory by Ijma (consensus of Muslims); (g) believe that things in themselves or by their nature have cause rather than it being the will of Allah; (h) to pay respect to a non-Muslim. In the Shafi'i school, it is an act of apostasy for a sane adult Muslim to accuse or describe another devout Muslim as an unbeliever.
Al-Ghazali held that apostasy occurs when a Muslim (a) denies, intends to deny or doubts that "there is no God but Allah, Muhammad is the messenger of Allah"; (b) denies, doubts or refuses to obey Quran and the Law (Sharia), or questions the validity of sharia courts; and (c) denies, doubts or questions through action or intent Muhammad's prophecy about the end of the world and last judgment. This opinion later came to be favoured by the Hanafi Ottoman scholars. In early Islamic history, after Muhammad's death, the declaration of Prophethood by anyone was automatically deemed to be proof of apostasy. This view has continued to the modern age in the rejection of Ahmadiyya sect of Islam as apostates by mainstream Sunni and Shia sects of Islam, because Ahmadis consider Mirza Ghulam Ahmad, founder of Ahmadiyya, as a modern day Prophet. Other Fiqhs such as Hanifi and Shafi'i schools of jurisprudence also disagree on whether ridiculing (Islamic) scholars is an act of apostasy. Some Fiqhs of Islam include additional requirements as evidence of apostasy, such as joining the enemies of Islam.
There are disagreements among Islamic scholars, and Islamic schools of jurisprudence, as to who can be judged for the crime of apostasy in Islam. Some in Shafii fiqh such as Nawawi and al-Misri state that apostasy code applies to a Muslim who (a) has understood and professed that "there is no god but Allah, Muhammad is the messenger of Allah" (shahada), (b) knows the shariah necessarily known by all Muslims, (c) is of sound mind at the time of apostasy, (d) has reached or surpassed puberty, and (e) has consciously and deliberately rejected or consciously and deliberately intends to reject any part or all of Quran or of Islam religion (Sharia). Maliki scholars additionally require that the person in question has publicly engaged in the obligatory practices of the religion. In contrast, Hanafi, Hanbali and Ja'fari fiqh set no such screening requirements; a Muslim's history has no bearing on when and on whom to apply the sharia code for apostasy.
Proselytization recommended, apostasy forbidden
The verses of Quran recommend Muslims to da`wah (proselytize) non-Muslims to leave their religion and join Islam, according to Islamic scholars. However, proselytization and apostasy of Muslims to leave Islam and join another religion is considered a religious crime in Islamic scriptures. Throughout the history of Islam, proselytization of non-Muslims was recommended, while proselytization and apostasy of Muslims forbidden in a region ruled by an Islamic Sultan. Abdul Rashied Omar in his review states,
The right to be convinced and to convert from Islam to another religion is held by only a minority of Muslim scholars. This view of religious freedom is, however, not shared by the vast majority of Muslim scholars both past as well as present. Most classical and modern Muslim jurists regard apostasy (riddah), defined by them as an act of rejection of faith committed by a Muslim whose Islam had been affirmed without coercion, as a crime deserving the death penalty.
— Abdul Rashied Omar
Punishment for apostasy
In Islamic law (sharia), the view among the majority of medieval jurists was that a male apostate must be put to death unless he suffers from a mental disorder or converted under duress, for example, due to an imminent danger of being killed. A female apostate must be either executed, according to Shafi'i, Maliki, and Hanbali schools of Sunni Islamic jurisprudence (fiqh), or imprisoned until she reverts to Islam as advocated by the Sunni Hanafi school and by Shi'a scholars.
Many Islamic scholars, but not all, consider apostasy as a Hudud (or Hadd) crime, that is one of six "crimes against God" a Muslim can commit, which deserves the fixed punishment of death as that is a "claim of God".
Under traditional Islamic law an apostate may be given a waiting period while in incarceration to repent and accept Islam again and if not the apostate is to be killed without any reservations. This traditional view of Sunni and Shia Islamic fiqhs, or schools of jurisprudence each with their own interpretation of Sharia, varies as follows:
- Hanafi - recommends three days of imprisonment before execution, although the delay before killing the Muslim apostate is not mandatory. Apostates who are men must be killed, states the Hanafi Sunni fiqh, while women must be held in solitary confinement and beaten every three days till they recant and return to Islam.
- Maliki - allows up to ten days for recantation, after which the apostate must be killed. Both men and women apostates deserve death penalty according to the traditional view of Sunni Maliki fiqh.
- Shafi'i - waiting period of three days is required to allow the Muslim apostate to repent and return to Islam. After the wait, execution is the traditional recommended punishment for both men and women apostates.
- Hanbali - waiting period not necessary, but may be granted. Execution is traditional recommended punishment for both genders of Muslim apostates.
- Ja'fari - waiting period not necessary, but may be granted according to this Shia fiqh. Male apostate must be executed, states the Jafari fiqh, while a female apostate must be held in solitary confinement and beaten every day at the hours of the ṣalāh, till she repents and returns to Islam.
In Islam, apostasy has been traditionally considered both a religious crime and a civil liability; the punishment for former includes death or prison while the latter leads to civil penalties. Therefore, in all madhhabs of Islam, (a) the property of the apostate is seized and distributed to his or her Muslim relatives; (b) his or her marriage annulled (faskh); (c) any children removed and considered ward of the Islamic state. In case the entire family has left Islam, or there are no surviving Muslim relatives recognized by Sharia, the apostate's property is liquidated by the Islamic state (part of fay, الْفيء). In case the apostate is not executed, such as in case of women apostates in Hanafi school, the person also loses all inheritance rights. Hanafi Sunni school of jurisprudence allows waiting till execution, before children and property are seized; other schools do not consider this wait as mandatory.
Other views on punishment
Various early Muslim scholars did not agree with the death penalty, such as that of Ibrahim al-Nakha'i (d. 715) and Sufyan al-Thawri and their followers, who rejected the death penalty and prescribed indefinite imprisonment until repentance. The Hanafi jurist Sarakhsi also called for different punishments between the non-seditious religious apostasy and that of seditious and political nature, or high treason.
Medieval Islamic scholars also differed on the punishment of a female apostate: death, enslavement, or imprisonment until repentance. Abu Hanifa and his followers refused the death penalty for female apostates, supporting imprisonment until they re-embrace Islam. Hanafi scholars maintain that a female apostate should not be killed because it was forbidden to kill women under Sharia. In contrast, Maliki, Shafii, Hanbali and Ja'fari scholars interpreted other parts of Sharia to permit death as possible punishment for Muslim apostate women, in addition to confinement.
Contemporary reform Muslims such as Quran Alone Ahmed Subhy Mansour, Edip Yuksel, and Mohammed Shahrour have suffered from accusations of apostasy and demands to execute them, issued by Islamic clerics such as Mahmoud Ashur, Mustafa Al-Shak'a, Mohammed Ra'fat Othman and Yusif Al-Badri. Despite claiming to have received death threats, Edip Yuksel also believes that high profile apostates who are controversial should be killed. He wrote, “Apostasy is not what gets one killed. It’s a combination of being controversial and having a high profile.”
Some scholars such as S.A. Rahman highlight a phrase from Quran's verse 256 from Al-Bakara, "there is no compulsion in religion," to conclude that Quran never intended a punishment for apostasy in this life and that Quran suggests tolerance for apostates. Other Islamic scholars disagree for several reasons, disagreements Rahman acknowledges. First, the "no compulsion" phrase should not be used out of context and all exegesis of Quran that is "linear-atomistic" analysis of one small phrase in one verse is flawed. The complete verse and nearby verses should be read to understand the "complex hermeneutic totality" of context for anything in Quran. The context of "no compulsion" phrase is not apostates, but those who refuse to accept the Faith (Islam) and continue to worship the Shaitan (evil, false deity). Second, no single phrase or verse in Quran is less or more relevant in Islam than other phrases or verses in Quran; and other verses in Quran such as verse 66 of At-Tawba state "if we pardon some of you (for apostasy), we will punish others amongst you, for that they are in sin". Rahman lists a number of historic Islamic scholars who concede Quran teaches coercion against Muslim apostates. Third, in the history of Islamic exegesis scholarship, that verse is considered as an early revelation, and abrogated by verses that were revealed to Muhammad at a later stage in his life. This is called the principle of Naskh (نسخ) by Islamic scholars. Finally, to understand Quran and for guidance in case of verses with conflicting interpretations, the sayings and actions of Muhammad as recorded in Sahih Hadiths are considered by Islamic scholars. Taken together, the vast majority of Islamic scholars of every fiqh have traditionally disagreed with the alternate position that there should be no punishment for apostasy in Islam.
The Ahmadiyya Muslim Community, a minority sect found in South and Southeast Asia, rejects any form of punishment for apostasy whatsoever, citing hadith, Quran, and the opinions of classical Islamic jurists to justify its views. However, Ahmadiyya Muslims are widely considered as non-Muslim apostates and persecuted by mainstream Islam, because of their beliefs.
Prominent recent examples of writers and activists killed because of apostasy claims include Mahmoud Mohammed Taha, and Faraj Foda. The Egyptian Nobel prize winner Najib Mahfouz was injured in an attempted assassination, paralyzing his right arm. The case of Abdul Rahman, an Afghan who converted from Islam to Christianity, sparked debate on the issue. While he initially faced the death penalty, he was eventually released as he was deemed mentally unfit to stand trial.
Opposition to execution
A minority of medieval Islamic jurists, notably the Hanafi jurist Sarakhsi (d. 1090), Maliki jurist Ibn al-Walid al-Baji (d. 494 AH) and Hanbali jurist Ibn Taymiyyah (1263–1328), held that apostasy carries no legal punishment.
Contemporary Islamic Shafi`i jurists such as the Grand Mufti Ali Gomaa, Shi'a jurists such as Grand Ayatollah Hossein-Ali Montazeri, and some jurists, scholars and writers of other Islamic sects, have argued or issued fatwas that either the changing of religion is not punishable or is only punishable under restricted circumstances, but these minority opinions have not found broad acceptance among the majority of Islamic scholars.
Medieval Muslim scholars (e.g. Sufyan al-Thawri) and modern (e.g. Hasan at-Turabi), also have argued that the hadith used to justify execution of apostates should be taken to apply only to political betrayal of the Muslim community, rather than to apostasy in general. These scholars argue for the freedom to convert to and from Islam without legal penalty. Other Islamic scholars like the Grand Mufti of Cairo Ali Gomaa have stated that while God will punish apostates in the afterlife they should not be executed by human beings. Ali Gomaa later clarified that leaving Islam without punishment was not what he meant: "What I actually said is that Islam prohibits a Muslim from changing his religion and that apostasy is a crime, which must be punished."
Javed Ahmad 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 (Itmaam-i-hujjat), hence, he considers it a time-bound command and no longer punishable.
S. A. Rahman, a former Chief Justice of Pakistan, argues that there is no indication of the death penalty for apostasy in the Qur'an. W. Heffening states that in Quran "a Muslim apostate is threatened with punishment in the next world", adding that Shafi'is interpreted verse [Quran 2:217] as adducing to the death penalty in the Qur'an. Wael Hallaq holds that nothing in the law governing apostate and apostasy derives from the letter of Quran. The late dissenting Shia jurist Grand Ayatollah Hossein-Ali Montazeri stated that the Quranic verses do not prescribe an earthly penalty for apostasy.
Islamist author Sayyid Abul Ala Maududi argued that verses [Quran 9:11] of the Qur'an sanction death for apostasy. In contrast, Pakistan's jurist S. A. Rahman states "that not only is there no punishment for apostasy provided in the Book but that the Word of God clearly envisages the natural death of the apostate. He will be punished only in the Hereafter…" Rahman also highlights that there is no reference to the death penalty in any of the 20 instances of apostasy mentioned in the Qur'an.
Mahmud Shaltut, the late Grand Imam of Al-Azhar University argued that a worldly punishment for apostasy was not mentioned in the Qur'an and whenever it mentions apostasy it speaks about a punishment in the hereafter.
Writing in the Encyclopedia of Islam, Heffening holds that contrary to the Qur'an, "in traditions [i.e. hadith], there is little echo of these punishments in the next world... and instead, we have in many traditions a new element, the death penalty." Wael Hallaq states the death penalty reflects a later reality and does not stand in accord with the deeds of the Prophet.
Ayatollah Montazeri holds that it is probable that the punishment was prescribed by Muhammad during early Islam to combat political conspiracies against Islam and Muslims, and is not intended for those who simply change their belief or express a change in belief. Montazeri defines different types of apostasy; he argues that capital punishment should be reserved for those who desert Islam out of malice and enmity towards the Muslim community, and not those who convert to another religion after investigation and research.
Historic impact of apostasy
The charge of apostasy has often been used in Islam's history to punish dissidents, persecute minorities and skeptics. From the earliest history of Islam, the crime of apostasy and execution for apostasy has driven major events in Islam. For example, the Ridda wars (civil wars of apostasy) shook the Muslim community in 632 AD, immediately after the death of Muhammad. The apostasy wars split the two major sects of Islam - Sunni and Shia, and caused numerous deaths. Sunni and Shia sects of Islam have long called each other as apostates of Islam.
From the 7th century through the 18th century, atheists, materialists, Sufi, and Shii sects were accused and executed for apostasy in Islam. In the 8th century, apostates of Islam were killed in West Asia and Sind. In the 8th century, the founder of Hanifi fiqh of jurisprudence in Islam, Abū Ḥanīfa, was charged with apostasy and punished. In 9th-century Spain, apostasy and blasphemy charges were brought against residents who refused to accept Islam; 10th-century Iraq, Sufi mystic Al-Hallaj was executed for apostasy; in 12th-century Iran, al-Suhrawardi along with followers of Ismaili sect of Islam were killed on charges of being apostates; in 14th-century Syria, Ibn Taymiyyah declared Central Asian Turko-Mongol Muslims as apostates to support an Islamic civil war, and was himself charged at the end of his life with apostasy and punished in Damascus; in 17th-century India, Dara Shikoh and other sons of Shah Jahan were captured and executed on charges of apostasy from Islam by his brother Aurangzeb.
During colonial era, death for apostasy was abolished in many Muslim-majority colonies. Similarly, under intense European pressure, death sentence for apostasy from Islam was abolished by the Edict of Toleration, and substituted with other forms of punishment by the Ottoman government in 1844 AD; the implementation of this ban was resisted by religious officials and proved difficult. A series of edicts followed during Ottoman's Tanzimat period, such as the 1856 Reform Edict. Despite these edicts, there was constant pressure on non-Muslims to convert to Islam, and apostates from Islam continued to be persecuted, punished and threatened with execution, particularly in eastern and Levant parts of the then Ottoman Empire. The Edict of Toleration ultimately failed when Sultan Abdul Hamid II assumed power, re-asserted pan-Islamism with sharia as Ottoman state philosophy, and initiated Hamidian massacres in 1894 against Christians, particularly of Armenians, Assyrians and crypto-Christian apostates from Islam in Turkey (Stavriotes, Kromlides).
Apostasy in the recent past
Over twenty (20) Muslim nations have laws that declare apostasy by Muslims as a crime, many with death penalty. In addition, some Islamic countries do not have apostasy laws, but have prosecuted individuals or minorities for apostasy using broadly-defined blasphemy laws. In many nations, the Hisbah doctrine of Islam has traditionally allowed any Muslim to accuse another Muslim or ex-Muslim for beliefs that may harm Islamic society. This principle has been used in countries such as Egypt, Pakistan and others to bring blasphemy charges against apostates.
The violence or threats of violence against apostates in the Muslim world in recent years has derived primarily not from government authorities but from individuals or groups operating with impunity from the government. Beyond laws of Muslim countries, there are examples of social persecution of apostates converting to Christianity. For example, the Christian organisation Barnabas Fund reports:
The field of apostasy and blasphemy and related "crimes" is thus obviously a complex syndrome within all Muslim societies which touches a raw nerve and always arouses great emotional outbursts against the perceived acts of treason, betrayal and attacks on Islam and its honour. While there are a few brave dissenting voices within Muslim societies, the threat of the application of the apostasy and blasphemy laws against any who criticize its application is an efficient weapon used to intimidate opponents, silence criticism, punish rivals, reject innovations and reform, and keep non-Muslim communities in their place.
A survey conducted by the Pew Research Center in 2010 found relatively widespread popular support for death penalty as a punishment for apostasy in Egypt (84% of respondents in favor of death penalty), Jordan (86% in favor), Indonesia (30%), Pakistan (76%), Nigeria (51%), and relatively minor support in Lebanon (6% in favor) and Turkey (5%).
Another survey conducted by Pew Research Center in 2012 among Muslim populations in many Islamic countries found continuing support for the death penalty for those who leave Islam to become an atheist or to convert to another religion. During this survey, Muslims who favored making Sharia the law of the land were asked for their views on the death penalty for apostasy from Islam. Death penalty was favored by large majorities of pro-Sharia Muslims in Egypt (86%), Jordan (82%), Afghanistan (79%), Pakistan (76%), Malaysia (62%), and the Palestinian Territories (66%); and by a minority of pro-Sharia Muslims in Lebanon (46%), Bangladesh (44%), Iraq (42%), Tunisia (29%), Thailand (27%; partial survey), Tajikistan (22%), Indonesia (18%) and Turkey (17%), Bosnia-Herzegovina (15%), Russia (15%), Kyrgystan (14%), Kosovo (11%), Albania (8%), and Kazakhstan (4%).
The support for a death penalty among all Muslims in those countries is unclear from 2012 Pew survey, which surveyed support for death penalty only among those Muslims who favor Sharia as the official law of the land. The exact percentage is also unclear from this survey, as it does not include Muslims who may favor a death penalty for apostasy yet do not favor Sharia as law of the land. Overall, the figures in the 2012 survey suggest that a minimum of about 36% of Muslims in the countries surveyed, approve death penalty for Muslims who commit apostasy. Governments of six Gulf countries - Saudi Arabia, UAE, Oman, Qatar, Bahrain and Kuwait - did not permit Pew Research to survey nationwide public opinion on apostasy in 2010 or 2012.
Article 130 of the Afghan Constitution requires its courts to apply provisions of Hanafi Sunni fiqh for crimes of apostasy in Islam. Article 1 of the Afghan Penal Code requires hudud crimes be punished per Hanafi religious jurisprudence. Prevailing Hanafi jurisprudence, per consensus of its school of Islamic scholars, prescribes death penalty for the crime of apostasy. The apostate can avoid prosecution and/or punishment if he or she confesses of having made a mistake of apostasy and rejoins Islam. In addition to death, the family of the accused can be deprived of all property and possessions, and the individual’s marriage is considered dissolved in accordance with Hanafi Sunni jurisprudence.
In March 2006, an Afghan citizen Abdul Rahman was charged with apostasy and could have faced the death penalty for converting to Christianity. His case attracted much international attention with Western countries condemning Afghanistan for persecuting a convert. Charges against Abdul Rahman were dismissed on technical grounds by the Afghan court after intervention by the president Hamid Karzai. He was released and left the country to find refuge in Italy.
Two other Afghan converts to Christianity, Sayed Mussa and Shoaib Assadullah, were arrested in March 2006 and their fate is unknown. In February 2006, yet other converts had their homes raided by police. After serving five years in jail, Sayed Mussa was released in 2011.
On 21 March 2006, the Algerian parliament approved a new law requiring imprisonment for two to five years and a fine between five and ten thousand euros for anyone "trying to call on a Muslim to embrace another religion." The same penalty applies to anyone who "stores or circulates publications or audio-visual or other means aiming at destabilizing attachment to Islam."
Bangladesh does not have a law against apostasy, but incidences of persecution of apostates have been reported. Some Bangladeshi Imams have encouraged the killing of converts from Islam. An example is the stabbing of a Bangladeshi Christian evangelist (a "murtad fitri" or Muslim-born apostate) while returning home from a film version of the Gospel of Luke.
Brunei is the latest Muslim country to enact a law that makes apostasy a crime punishable with death. In 2013, it enacted Syariah (Sharia’a) Penal Code. Section 112(1) of the new law states that a Muslim who declares himself non-Muslim commits a crime punishable with death, or with imprisonment for a term not exceeding thirty years, depending on evidence. Under the required wait period between notification of law and its validity under Brunei’s constitution, its new apostasy law and corporal punishment will be applied starting October 2014, and capital punishment will be imposed starting October 2015.
The blasphemy laws and Article 98(f) of Egyptian Penal Code, as amended by Law 147, has been used to prosecute Muslims who have converted to Christianity. For example, in May 2007, Bahaa El-Din El-Akkad, a former Egyptian Muslim and someone who worked on Dawah to spread Islam, was imprisoned after he converted to Christianity, under the charge of “blasphemy against Islam”. He was freed in 2011.
Egypt's penal code is silent about the punishment for apostasy from Islam. Contemporary Egyptian jurisprudence prohibits apostasy from Islam, but has also remained silent about death penalty. Article 2 of the Constitution of Egypt enshrines sharia. Both Court of Cassation and the Supreme Administrative Court of Egypt have ruled that, “it is completely acceptable for non-Muslims to embrace Islam but by consensus Muslims are not allowed to embrace another religion or to become of no religion at all [in Egypt].” The silence about punishment for apostasy along with constitutional enshrinement of Sharia, means death sentence for apostasy is possibility. In practice, Egypt has prosecuted apostasy from Islam under its blasphemy laws using the Hisbah doctrine; and non-state Islamic groups have taken the law into their own hands and executed apostates.
A 2010 Pew Research Center poll showed that 84% of Egyptian Muslims believe those who leave Islam should be punished by death.
In 1992 Islamist militants gunned down Egyptian secularist and sharia law opponent Farag Foda. Before his death he had been declared an apostate and foe of Islam by ulama at Al Azhar. During the trial of the murderers, Al-Azhar scholar Mohammed al-Ghazali testified that when the state fails to punish apostates, somebody else has to do it.
In 1993, a liberal Islamic theologian, Nasr Abu Zayd was denied promotion at Cairo University after a court decision of apostasy against him. Following this an Islamist lawyer filed a lawsuit before the Giza Lower Personal Status Court demanding the divorce of Abu Zayd from his wife, Dr. Ibtihal Younis, on the grounds that a Muslim woman cannot be married to an apostate—notwithstanding the fact his wife wished to remain married to him. The case went to the Cairo Appeals Court where his marriage was declared null and void in 1995.
After the verdict, the Egyptian Islamic Jihad organization (which had assassinated Egyptian president Anwar Sadat in 1981) declared Abu Zayd should be killed for abandoning his Muslim faith. Abu Zayd was given police protection, but felt he could not function under heavy guard, noting that one police guard referred to him as "the kafir". On 23 July 1995, he and his wife flew to Europe where they lived in exile but continued to teach.
In April 2006, after a court case in Egypt recognized the Bahá'í Faith, members of the clergy convinced the government to appeal the court decision. One member of parliament, Gamal Akl of the opposition Muslim Brotherhood, said the Bahá'ís were infidels who should be killed on the grounds that they had changed their religion, this despite the fact that most living Bahá'í have not, in fact, ever been Muslim.
In 2007 Mohammed Hegazy, a Muslim-born Egyptian who had converted to Christianity based on "readings and comparative studies in religions", sued the Egyptian court to change his religion from "Islam" to "Christianity" on his national identification card. His case caused considerable public uproar, with not only Muslim clerics, but his own father and wife's father calling for his death. Two lawyers he had hired or agreed to hire both quit his case, and two Christian human rights workers thought to be involved in his case were arrested. As of 2007, he and his wife were in hiding. In 2008, the judge trying his case ruled that according to sharia, Islam is the final and most complete religion and therefore Muslims already practice full freedom of religion and cannot convert to an older belief.
In February 2009, another case of a convert to Christianity (Maher Ahmad El-Mo’otahssem Bellah El-Gohary), came to court. El-Gohary's effort to officially convert to Christianity triggered state prosecutors charging him of "apostasy," or leaving Islam, and seeking a sentence of death penalty.
"Our rights in Egypt, as Christians or converts, are less than the rights of animals," El-Gohary said. "We are deprived of social and civil rights, deprived of our inheritance and left to the fundamentalists to be killed. Nobody bothers to investigate or care about us." El-Gohary, 56, has been attacked in the street, spat at and knocked down in his effort to win the right to officially convert. He said he and his 14-year-old daughter continue to receive death threats by text message and phone call.
Indonesia does not have a law against apostasy, but has laws making it illegal for anyone to attempt converting people from Islam, as well as a broad blasphemy law (Article 156) and a Presidential Decree (1965) that permits prosecution of people who commit apostasy. The Decree prohibits every Indonesian from “intentionally conveying, endorsing or attempting to gain public support in the interpretation of a certain religion; or undertaking religious based activities that resemble the religious activities of the religion in question, where such interpretation and activities are in deviation of the basic teachings of the religion.” These laws have been used to arrest and convict apostates in Indonesia, such as the case of 30-year old Aan who declared himself to be an atheist, declared “God does not exist”, and stopped praying and fasting as required by Islam. He was convicted and sentenced in 2012.
Salman Rushdie is a prominent contemporary figure accused of apostasy. In 1989 a fatwa was issued by Ayatollah Khomeini, the ruler of Iran at the time, calling for the death of Salman Rushdie for the blasphemy of authoring the book The Satanic Verses.
According to US think tank Freedom House, since the 1990s the Islamic Republic of Iran has sometimes used death squads against converts, including major Protestant leaders. Under President Mahmoud Ahmadinejad, the regime has engaged in a systematic campaign to track down and reconvert or kill those who have changed their religion from Islam.
15 Ex-Muslim Christians were incarcerated on 15 May 2008 under charges of apostasy. They may face the death penalty if convicted. A new penal code is being proposed in Iran that would require the death penalty in cases of Apostasy on the Internet.
At least two Iranians – Hashem Aghajari and Hassan Youssefi Eshkevari – have been arrested and charged with apostasy in the Islamic Republic (though not executed), not for self-professed conversion to another faith, but for statements and/or activities deemed by courts of the Islamic Republic to be in violation of Islam, and that appear to outsiders to be Islamic reformist political expression. Hashem Aghajari, was found guilty of apostasy for a speech urging Iranians to "not blindly follow" Islamic clerics; Hassan Youssefi Eshkevari was charged with apostasy for attending the 'Iran After the Elections' Conference in Berlin Germany which was disrupted by anti-regime demonstrators.
Bahá'ís in Iran, the nation of origin of the Bahá'í Faith and Iran's largest religious minority, were accused of apostasy in the 19th century by the Shi'a clergy because of their adherence to religious revelations by another prophet after those of Muhammad. These allegations led to mob attacks, public executions and torture of early Bahais, including the Báb.
Jordan does not explicitly ban apostasy in its penal code; however, it permits any Jordanian to charge another with apostasy and its Islamic courts to consider conversion trials. If an Islamic court convicts a person of apostasy, it has the power to sentence a prison term, annul that person’s marriage, seize property and disqualify him or her from inheritance rights. The Jordanian poet Islam Samhan was accused of apostasy for poems he wrote in 2008, and sentenced to a prison term in 2009.
Article 2 of Kuwait's constitution declares the Islamic Sharia as a main source of legislation. Articles 18 and 145 of its law require the court to annul the marriage of a Muslim husband who leaves Islam during the marital relationship. Article 294 of Law 51 of Kuwait rescinds property and inheritance rights of a Muslim apostate. The blasphemy laws of Kuwait, such as Law 111 of its Penal Code permit prosecution of apostates; this has been expanded in 2012 to permit its law enforcement authorities to include evidence from internet and social media.
Since adoption of its modern constitution, Kuwait has prosecuted apostates. For example, the arrest and prosecution of Hussein Qambar Ali in an Islamic court, on charges of apostasy, after he converted from Islam to Christianity.
Malaysia does not have a national law that criminalizes apostasy and its Article 11 grants freedom of religion to its diverse population of different religions. However, Malaysia's constitution grants its states (Negeri) the power to create and enforce laws relating to Islamic matters and Muslim community. State laws in Kelantan and Terengganu make apostasy in Islam a crime punishable with death, while state laws of Perak, Malacca, Sabah, and Pahang declare apostasy by Muslims as a crime punishable with jail terms. In these states, apostasy is defined as conversion from Islam to another faith, but converting to Islam is not a crime. The central government has not attempted to nullify these state laws, but stated that any death sentence for apostasy would require review by national courts.
National laws of Malaysia require Muslim apostates who seek to convert from Islam to another religion to first obtain approval from a sharia court. The procedure demands that anyone born to a Muslim parent, or who previously converted to Islam, must declare himself apostate of Islam before a Sharia court if he or she wants to convert. The Sharia courts have the power to impose penalties such as jail, caning and enforced “rehabilitation” on apostates - which is the typical practice. In the states of Perak, Malacca, Sabah, and Pahang, apostates of Islam face jail term; in Pahang, caning; others, confinement with rehabilitation process.
The state laws of Malaysia allow apostates of other religion to become Muslim without any equivalent review or process. The state laws of Perak, Kedah, Negeri Sembilan, Sarawak, and Malacca allow one parent to convert children to Islam even if the other parent does not consent to his or her child's conversion to Islam.
Article 306 of the criminal code of Mauritania declares apostasy in Islam as illegal and provides a death sentence for the crime of leaving Islam. Its law provides a provision where the guilty is given the opportunity to repent and return to Islam within three days. Failure to do so leads to a death sentence, dissolution of family rights and property confiscation by the government. The Mauritanian law requires that an apostate who has repented should be placed in custody and jailed for a period for the crime.
In 2014, Jemal Oumar, a Mauritanian journalist, was arrested for apostasy, after he posted a critique of Mohammad online. While local law enforcement agencies held him in prison for trial, local media announced offers by local Muslims of cash reward to anyone who would kill Jemal Oumar. In a separate case, Ould Mkhaitir, a Mauritanian engineer, was arrested for apostasy in 2014 as well, for publishing an essay on racism in Mauritanian society with criticism of Islamic history and a claim that Mohammad's discriminated in his treatment of people from different tribes and races.
The penal code of Morocco does not require death penalty for apostasy. However, Islam is the official state religion of Morocco under its constitution. Article 41 of the Moroccan constitution gives fatwa powers (habilitée, religious decree legislation) to the Supreme Council of Religious Scholars. In April 2013, this constitutionally empowered group, the Supreme Council of Religious Scholars issued a religious decree (fatwa) that Moroccan Muslims who leave Islam must be sentenced to death.
Oman does not have an apostasy law. However, under Law 32 of 1997 on Personal Status for Muslims, an apostate's marriage is considered annulled and inheritance rights denied when the individual commits apostasy. The Basic Law of Oman, since its enactment in 1995, declares Oman to be an Islamic state and Sharia as the final word and source of all legislation. Omani jurists state that this deference to Sharia, and alternatively the blasphemy law under Article 209 of Omani law, allows the state to pursue death penalty against Muslim apostates, if it wants to.
While several attempts have been made to enact laws prescribing "death penalty for apostasy" in Pakistan, its has no apostasy law as of 2013. Pakistani jurists note that Pakistan's constitution defers gaps in its penal code to Sharia, and the lack of law on apostasy and lack of right to convert from Islam to another religion in Pakistan's law implies apostasy defaults to Sharia. Further, Pakistan has blasphemy law that carries death penalty, but the law does not define blasphemy. Under Article 295-C of its penal code, any Pakistani Muslim who feels his or her religious feelings have been hurt, directly or indirectly, for any reason or any action of another Pakistani citizen can accuse blasphemy and open a criminal case against anyone. Inheritance and property rights for apostates was prohibited by Pakistan in 1963.
An apostasy case law precedence was set in Pakistan in 1990, when Tahir Iqbal was arrested after he converted to Christianity, on charges filed by a Muslim neighbor against Iqbal for becoming an apostate and thereby hurting his religious feelings. Tahir Iqbal was arrested on blasphemy charges, accused that he had defiled Islam by his actions, and for an additional charge of making notes inside his English translation of Quran. His application for bail was refused in 1991 by the Pakistan Sessions Court Judge, with the ruling, "conversion from Islam into Christianity is itself a cognizable offence involving serious implications". Tahir Iqbal's appeal to the Lahore High Court against this ruling was also denied with the explanation that re-asserted "conversion from Islam to Christianity is a serious offence". While Iqbal's trial progressed, public demands for death penalty and life threats were persistently made outside and during court hearings. His crime was considered severe enough that he, a paraplegic, was held in a cell without water, light or toilet facilities. In July 1992, after he had served 19 months in jail while his trial progressed, he was found murdered inside the prison where he was being held.
Proselytizing of Muslims to convert to another religion is also a crime in Qatar under Article 257 of its law, punishable with prison term. According to its law passed in 2004, if proselytizing is done in Qatar, for any religion other than Islam, the sentence is imprisonment of up to five years. Anyone who travels to and enters Qatar with written or recorded materials or items that support or promote conversion of Muslims to apostasy are to be imprisoned for up two years.
Casual discussion or “sharing one’s faith” with any Muslim resident in Qatar has been deemed a violation of Qatari law, leading to deportation or prison time. There is no law against proselytizing non-Muslims to join Islam.
Saudi Arabia has no penal code, and defaults its law entirely to Sharia and its implementation to religious courts. The case law in Saudi Arabia, and consensus of its jurists is that Islamic law imposes the death penalty on apostates.
Apostasy law is actively enforced in Saudi Arabia. For example, Saudi authorities charged Hamza Kashgari, a Saudi writer, in 2012 with apostasy based on comments he made on Twitter. He fled to Malaysia, where he was arrested and then extradited on request by Saudi Arabia to face charges. Kashgari repented, upon which the courts ordered that he be placed in protective custody. Similarly, two Saudi Sunni Muslim citizens were arrested and charged with apostasy for adopting the Ahmadiyya sect of Islam. As of May 2014, the two accused of apostasy had served two years in prison awaiting trial.
Saudi Arabia school textbooks include chapters with justification for the social exclusion and killing of apostates.
"An Apostate will be suppressed three days in prison in order that he may repent ..... otherwise, he should be killed, because he has changed his true religion, therefore, there is no use from his living, regardless of being a man or a woman, as Mohammed said: "Whoever changes his religion, kill him", narrated by Al-Bukhari and Muslim."
Apostasy is a crime in Somalia. Articles 3(1) and 4(1) of Somalia's constitution declare that religious law of Sharia is the nation's highest law. The punishment for apostasy prescribed is death penalty.
There have been numerous reports of execution of people for apostasy, particularly of Muslims who have converted to Christianity. However, the reported executions have been by extra-state Islamist groups and local mobs, rather than after the accused has been tried under a Somali court of law.
Article 126.2 of the Penal Code of Sudan (1991) reads,
`Whoever is guilty of apostasy is invited to repent over a period to be determined by the tribunal. If he persists in his apostasy and was not recently converted to Islam, he will be put to death.` 
Some notable cases of apostasy in Sudan include: Mahmoud Mohammed Taha, a Sudanese religious thinker, leader, and trained engineer, who was executed for apostasy in 1985 at the age of 76 by the regime of Gaafar Nimeiry. Meriam Ibrahim, a 27-year-old Christian Sudanese woman was sentenced to death for apostasy in May 2014, but allowed to leave the country in July after an international outcry.
United Arab Emirates
Apostasy is a crime in the United Arab Emirates. In 1978, UAE began the process of Islamising the nation's law, after its council of ministers voted to appoint a High Committee to identify all its laws that conflicted with Sharia. Among the many changes that followed, UAE incorporated hudud crimes of Sharia into its Penal Code - apostasy being one of them. Article 1 and Article 66 of UAE's Penal Code requires hudud crimes to be punished with the death penalty.
UAE law considers it a crime and imposes penalties for using the Internet to preach against Islam or to proselytize Muslims inside the international borders of the nation. Its laws and officials do not recognize conversion from Islam to another religion. In contrast, conversion from another religion to Islam is recognized, and the government publishes through mass media an annual list of foreign residents who have converted to Islam.
Apostasy is a crime in Yemen. Articles 12 and 259 of the Yemen Penal Code address apostasy, the former requires Sharia sentence be used for apostasy and the latter specifies death penalty for apostates of Islam. Yemeni law waives the punishment to an apostate if he or she recants, repents and returns to Islam while denouncing his or her new faith.
In 2012, Yemeni citizen Ali Qasim Al-Saeedi was arrested and charged with apostasy by Yemeni law enforcement agency after he posted his personal views questioning the teachings of Islam, on a Yemeni blogging site and his Facebook page.
West and immigrant communities
Ex-Muslims in Great Britain have faced abuse, violence, and even murder at the hands of Muslims. There are similar reports of violent intimidation of those electing to reject Islam in other Western countries.
Apostasy is also a crime in smaller Muslim-majority countries such as Maldives and Comoros. In Nigeria, there is no law that explicitly makes apostasy a crime; however, several Muslim-majority states of Nigeria such as Zamfara have laws invoking Sharia, which have been used to persecute Muslim apostates, particularly Muslims who have converted to Christianity.
In December 2005, Nigerian pastor Zacheous Habu Bu Ngwenche was attacked for allegedly hiding a convert. In January 2006, in Turkey, Kamil Kiroglu was beaten unconscious and threatened with death if he refused to deny his Christian faith and return to Islam. In a highly public case, the Malaysian Federal Court did not let Lina Joy to change her religion status in her I/C in a 2–1 decision.
The Council of Ex-Muslims of Britain is the British branch of the Central Council of Ex-Muslims, who represent former Muslims who fear for their lives because they have renounced Islam. It was launched in Westminster on 22 June 2007. The Council protests against Islamic states that still punish Muslim apostates with death under the Sharia law. The Council is led by Maryam Namazie, who was awarded Secularist of the Year in 2005 and has faced death threats. The British Humanist Association and National Secular Society sponsored the launch of the organisation and have supported its activities since.
Ehsan Jami, co-founder of the Central Committee for Ex-Muslims in the Netherlands has received several death threats, and due to the amount of threats its members received, the Committee was dismantled.
In Spain, all adopted Muslims under the age of 18, are forbidden from converting out of Islam. Once an adopted Muslim reaches 18 this law is no longer applicable. http://gatesofvienna.net/2013/03/sharia-returns-to-al-andalus/
The secular nations of Central Asia forbid converting a Muslim.
A 2007 poll by Policy Exchange revealed that 31% of British Muslims believed that leaving the Muslim religion should be punishable by death.
Effects on Islamic learning
||This section may stray from the topic of the article. (August 2014)|
The English historian C. E. Bosworth argues that while the organizational form of the Christian university allowed them to develop and flourish into the modern university, "the Muslim ones remained constricted by the doctrine of waqf alone, with their physical plant often deteriorating hopelessly and their curricula narrowed by the exclusion of the non-traditional religious sciences like philosophy and natural science," out of fear that these could evolve into potential toe-holds for kufr, those people who reject God."
Applying law in the Muslim world
Most countries of the Middle East and North Africa maintain a dual system of secular courts and religious courts, in which the religious courts mainly regulate marriage and inheritance. Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and religious police assert social compliance. Sharia is also used in Sudan, Libya, Afghanistan, and Somalia. Some states in northern Nigeria have reintroduced Sharia courts. In practice the new Sharia courts in Nigeria have most often meant the reintroduction of relatively harsh punishments without respecting the much tougher rules of evidence and testimony of regular courts. The punishments include amputation of one/both hand(s) for theft, stoning for adultery, and execution for apostasy. In 1980, Pakistan, under the leadership of President Zia-ul-Haq, the Federal Shariat Court was created and given jurisdiction to examine any existing law to ensure it was not repugnant to Islam and in its early acts it passed ordinances that included five that explicitly targeted religious minorities: a law against blasphemy; a law punishing the defiling of the Qur'an; a prohibition against insulting the wives, family, or companions of the Prophet of Islam; and two laws specifically restricting the activities of Ahmadis, who were declared non-Muslims.
Universal Declaration of Human Rights
- "Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance."
Islamic nations have criticized the United Nations’ Universal Declaration of Human Rights, as a non-Muslim world's attempt to impose their values on Islamic people, and presumption of cultural superiority. They responded with the Cairo Declaration on Human Rights in Islam, as a joint declaration of the member states of the Organisation of the Islamic Conference in Cairo, Egypt, in 1990. The Cairo Declaration asserted an Islamic perspective on human rights, gender roles, and bounds of behavior that affirm Islamic Shari'ah as the sole source of rights.
Apostasy and blasphemy are some of many points of differences between the UN Declaration and Cairo Declaration. Islamic scholars such as Muhammad Rashid Rida in Tafsir al-Minar, state that freedom of religion neither grants nor requires "freedom to apostatize", because apostasy infringes on the freedom of others and disrespects the religion of the State.
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