POLITICAL AND LEGAL STATUS OF APOSTATES IN ISLAM Council of Ex-Muslims of Britain was formed in June 2007 in order to break the taboo that comes with renouncing Islam. The main aims of the organisation are to provide support to and highlight the plight of ex-Muslims, challenge Sharia and apostasy and blasphemy laws and take a stand for reason, universal rights and secularism. For further information contact: CEMB BM Box 1919 London WC1N 3XX, UK Tel: +44 (0) 7719166731 [email protected] www.ex-muslim.org.uk Political and Legal Status of Apostates in Islam First Published by Council of Ex-Muslims of Britain, December 2013 Revised Edition, Published by Council of Ex-Muslims of Britain, August 2017 © Council of Ex-Muslims of Britain 2017 – All rights reserved ISBN number: 978-0-9926038-0-9 Political and Legal Status of Apostates in Islam Died Standing A severed head in between your hands my eyes on the broken clock And sad and rebellious poems and the wolf, unafraid of the gun On my doubts of the origin of existence, on choking loneliness when drunk And longing and inhaling you, and the depth of the tragedy not seeing you The artery destined to blockage, and your crime, a scream against the wind The end of the story is always a bitter one, and the poet whose conviction is apostasy The good God sleeping in my book, the dried semen on my bed The good God of wrath, death, and fatwa, and my cries over Yaghma’s poetry Let me be like a cactus Stay with me who has read poetry, next to you, with covenant with the desert, that our code is to die standing up that our code is to die standing up Tell them, our Hadith was a Hadith of blood, contempt, born out of insanity Tell them, how I did not give in Tell them, how I died standing up The good God sleeping in my book, the dried semen on my bed The good God of wrath, death, and fatwa, and my cries over Yaghma’s poetry Let me be like a cactus Stay with me who has read poetry, next to you, with covenant with desert, that our code is to die standing up that our code is to die standing up Tell them, my story was a tale of blood, contempt, born out of insanity Tell them, how I did not give in Tell them, how I died standing up that our code is to die standing up Shahin Najafi, Iranian musician living in Germany. Following release of the song “Hey, Naghi!” several fatwas were issued by Grand Ayatollahs in Iran declaring his death sentence for apostasy. The song has drawn sharp anger from Islamists who believe it is offensive towards Imam Naghi, the tenth Imam in Shi’a Islam. 3 Political and Legal Status of Apostates in Islam 4 Political and Legal Status of Apostates in Islam Contents Introduction 7 Apostasy and Islam 27 Country Conditions for Apostates 31 Afghanistan 32 Algeria 35 Azerbaijan 36 Bahrain 40 Bangladesh 41 Brunei 42 The Chechen Republic 42 Comoros 46 Egypt 49 Indonesia 54 Iran 56 Iraq 57 Jordan 59 Kuwait 61 Libya 62 Malaysia 64 Maldives 66 Mauritania 68 Morocco 69 Oman 71 Pakistan 71 Qatar 81 Saudi Arabia 82 Somalia 86 Sudan 87 Syria 90 Tunisia 92 Turkey 95 United Arab Emirates 97 Yemen 98 Acknowledgements 100 5 Political and Legal Status of Apostates in Islam Introduction This report examines the sources of Sharia law; namely the Quran, Hadith, and Islamic jurisprudence which form the basis for rulings that prohibit apostasy from Islam in a large number of countries. Under the governments of Malaysia, Morocco, Jordan, and Oman, punishments for apostasy include fines, imprisonment, flogging, and exclusion from civil or family rights (such as the right to child custody.) In 13 countries: Afghanistan, Iran, Malaysia, Maldives, Mauritania, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, UAE, and Yemen, atheism is punishable by the death penalty (as well as under territories under control of Daesh). This text reviews the legislative and government policies in which target apostates, and emphasises individual cases in order to provide a better understanding of the inexcusable situations of apostates. According to their nationality, these apostates are persecuted to varying degrees of severity: ● Charging and sentencing based on the Sharia concept of apostasy – even if apostasy is not specifically defined as a crime in said legislation. ● Using public disorder or incitement to hatred legislation against apostates. ● Capricious arrest and harassment. ● Restrictions on media outlets, which in turn restrict the freedom of speech. These approaches target journalists, writers, and more recently, users of social media, including bloggers. The freedom afforded by the Internet has allowed people from throughout the world to express their opinions on governments, Islam, and atheism alike – and their opinions have prompted legal cases against them. Activists and social network users have been harassed, imprisoned, or killed for their online content. Due to the subjectivity and discretion involved in defining and punishing offences of blasphemy and apostasy, different practices are carried out between countries, and even within a single country. As a result, victims of mere allegation often do not realise that they have committed an “offence.” The intent of this report is to expose the laws and states that persecute and execute the apostate or blasphemer, and to bring to light the cases of some of the many persecuted individuals, with a particular focus on atheists, secularists, and freethinkers. The Council of Ex-Muslims of Britain calls for the total condemnation of such laws, and full protection for apostates and blasphemers across the globe. 6 Political and Legal Status of Apostates in Islam Apostasy and Islam 2 The Arabic word for apostate is murtadd, “the one who turns back from Islam,” and apostasy is denoted by irtidåd and ridda. Ridda seems to have been used for apostasy from Islam into unbelief (in Arabic kufr) and irtidåd from Islam to some other religion. A person born of Muslim parents who later rejects Islam is called a murtadd fitri; fitri meaning “natural.” It can also mean “instinctive, native, inborn, innate.” One who converts to Islam and subsequently leaves it is a murtadd milli; from milla, meaning “religious community.” The murtadd fitri can be seen as someone unnatural, subverting the natural course of things, whose apostasy is a wilful and obstinate act of treason against god and the one and only true creed, a betrayal and desertion of the community. The murtadd milli is a traitor to the Muslim community, and therefore equally disruptive. The punishment of apostates is an old and fundamental feature of all major religions. Repudiating religion is deemed to be the worst of crimes. However, in the twenty-first century, it is only apostates from Islam that continue to face execution, due to the power and influence of the political Islamic movement, or Islamism. This far-right movement is our era’s Inquisition and totalitarianism. To the degree Islamism has power, is the degree to which it controls every aspect of people’s lives in society through its Sharia law – from what people wear, who they have sex with, what music they listen to, even what they are sanctioned to think. One of the chief characteristics of an Inquisition is the policing of thought. Freethinking and one’s freedom of conscience is banned. Even for Muslims, a personal understanding of religion is impossible under an Inquisition. You cannot pick and choose as you wish. Any transgression is met with threat, intimidation, imprisonment, or execution. Islamists will kill, threaten, or intimidate anyone who interprets doctrine differently, those who dissent, think freely, or transgress their conventions. That people resist is testament to the human condition, despite Islamism and despite Sharia. If we look at the purpose of the Sharia “justice” system, it exists to teach the masses the damnable nature of dissent and free thought. Where it has power, such as in Iran, there are 130 offences punishable by death: from heresy, blasphemy, enmity against god, adultery, or homosexuality. 2 All references and information pertaining to Islam and apostasy have been taken direct- ly from Ibn Warraq’s book, LEAVING ISLAM: APOSTATES SPEAK OUT (Prometheus Books, 2003) with his permission. 7 Political and Legal Status of Apostates in Islam Apostasy, however, is the highest and most heinous crime. To date, 27 countries consider apostasy from Islam to be illegal and a prosecutable offence. Depending on the influence of Islamism and Sharia, in places like Malaysia, Morocco, Jordan and Oman, punishments vary from fines to imprisonment, to flogging, and exclusion from civil or family rights. In 13 countries, Afghanistan, Iran, Malaysia, Maldives, Mauritania, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, UAE, and Yemen, atheism remains punishable by the death penalty. Whilst there are religious justifications for the execution of apostates, apostasy laws today are the ultimate means of political control. Certainly, from a religious standpoint, apostasy is the unravelling of the entire system from within by those considered to be “members” of the imagined Muslim community – the Ummah. Question but one law, one Hadith (the sayings and actions of Mohammad, Islam’s prophet), or one Sura in the Quran, and you begin to unravel it all. To question and dissent denies the Islamic Inquisitor the opportunity to feign representation. It prevents the very submission that they demand. If you are allowed to leave, you undermine it all. The rejection of religion, with emphasis on Islam, obstructs the Ummah’s movement towards an eschaton. As a leading Egyptian cleric who supports the killing of apostates has said, “If they left apostasy alone, there wouldn’t have been any Islam.” Historically, apostasy laws have been used as a form of control. It remains no different today. Islamists use these laws as a means of political control. After all, they represent god’s rule on earth and any opposition to their rule is a direct affront to god himself. Apostasy laws are the most expedient way for an Inquisition to eradicate its political rivals, dissenters, and opponents. However, one need not renounce Islam in order to be branded as an apostate. The verbal denial of any principle of Islamic belief can be considered apostasy. In fact, if we look at those charged with apostasy, the allegation could include anything from Tweeting about Mohammad, Islam’s prophet, to challenging the state. The accusation of apostasy is often coupled with other charges such as blasphemy or enmity against god. With such charges, there is no need to prove anything in lengthy court procedurals or to meticulously gather evidence, as any transgression can be deemed to be an act of apostasy –both a crime against god and political treason against his representatives on earth. 8 Political and Legal Status of Apostates in Islam Under Islamic law an apostate must be put to death. There is no dispute on this ruling among classical or modern Islamic scholars; however, there is some controversy as to whether the Quran prescribes any punishment for apostasy in this world. For example, the Surah XVI.106: “Whoso disbelieveth in Allah after his belief - save him who is forced thereto and whose heart is still content with the Faith - but who so findeth ease in disbelief: On them is wrath from Allah. Theirs will be an awful doom.” Similarly, in Surah III.90–91: “Lo! Those who disbelieve after their (profession of) belief, and afterward grow violent in disbelief: their repentance will not be accepted. And such are those who are astray. Lo! Those who disbelieve, and die in disbelief, the (whole) earth full of gold would not be accepted from such an one if it were offered as a ransom (for his soul). Theirs will be a painful doom and they will have no helpers.” This strikes at the heart of the problem with various interpretations of religious texts, and why religion must be kept out of the state and legal systems to safeguard the individual’s rights and life. Needless to say, it is those in power who decide the interpretation of the day, and it is always those in power that determine which interpretations take precedence. Furthermore, many leading authorities interpret certain Suras of the Quran to validate that the death penalty is proscribed for apostates. Sura II.217 is interpreted by no less an authority than al-Shåfii, the founder of one of the four orthodox schools of law of Sunni Islam, to mean that the death penalty should be prescribed for apostates. Sura II.217 reads: “…But whoever of you recants and dies an unbeliever, his works shall come to nothing in this world and the next, and they are the companions of the fire forever.” Al-Tha’ålibi and al-Khazan concur. Al-Råzi, in his commentary on II.217, says the apostate should be killed. Similarly, Sura IV.89 states: “They would have you disbelieve as they themselves have disbelieved, so that you may be all like alike. Do not befriend them until they have fled their homes for the cause of god. If they desert you seize them and put them to death wherever you find them. Look for neither friends nor helpers among them...” Baydåwi, in his celebrated commentary on the Quran, interprets this passage to mean: “Whosover turns back from his belief (irtada), openly or secretly, take him and kill him wheresoever ye find him, like any other infidel. Separate yourself from him altogether. Do not accept intercession in his regard.” 9 Political and Legal Status of Apostates in Islam Ibn Kathir, in his commentary on this passage, quoting Al-Suddi, says that since the unbelievers have manifested their unbelief they should be killed. Abul Alå Mawdudi (1903–1979), the founder of the Jamå’at-i Islåmi, is one of the most influential Islamists of the twentieth century. He has called for a return to the Quran and a purified sunna to revive and revitalise Islam. In his book on apostasy from Islam, Mawdudi argued that even the Quran itself prescribes the death penalty for all apostates. He points to Sura IX:11,12 for evidence: But if they repent and establish worship and pay the poor-due, then are they your brethren in religion. We detail our revelations for a people who have knowledge. And if they break their pledges after their treaty (hath been made with you) and assail your religion, then fight the heads of disbelief - Lo! they have no binding oaths in order that they may desist. Mawdudi argues that: …the following is the occasion for the revelation of this verse: During the pilgrimage (hajj) in A.H. 9 God Most High ordered a proclamation of immunity. By virtue of this proclamation all those who, up to that time, were fighting against God and His Apostle and were attempting to obstruct the way of God’s religion through all kinds of excesses and false covenants, were granted from that time a maximum respite of four months. During this period, they were to ponder their own situation. If they wanted to accept Islam, they could accept it and they would be forgiven. If they wanted to leave the country, they could leave. Within this fixed period nothing would hinder them from leaving. Thereafter those remaining, who would neither accept Islam nor leave the country, would be dealt with by the sword. In this connection, it was said: “If they repent and uphold the practice of prayer and almsgiving, then they are your brothers in religion. If after this, however, they break their covenant, then war should be waged against the leaders of kufr (infidelity). Here “covenant breaking” in no way can be construed to mean “breaking of political covenants.” Rather, the context clearly determines its meaning to be “confessing Islam and then renouncing it.” Thereafter the meaning of “fight the heads of disbelief” (IX:11,12) can only mean that war should be waged against the leaders instigating apostasy. 10