Read Online Silenced: How Apostasy and Blasphemy Codes Are Choking Freedom Worldwide by Paul Marshall, Nina Shea - Free Book Online Page B
Authors: Paul Marshall, Nina Shea
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expression. Perhaps the greatest irony is that these core principles—which lie at the heart of any just and humane society—are deeply embedded in the message of the Qur’an itself and yet are ignored by Islam’s most fervent, and violent, “defenders.”
For although the Qur’an prescribes no earthly punishment for either blasphemy or apostasy, the historical development of Islamic law has widely, though not universally, prescribed the death penalty as punishment for both. A critical historical study of the Qur’an,
hadith
, and
shari’a
would reveal the human origin of these interpretations and hence their complete inappropriateness within a modern context.
This objective historical approach to studying the foundational elements of Islamic law is fiercely resisted by many clerics and mullahs. Yet it is absolutely vital, if we are to liberate the “deep substance” of the Holy Qur’an’s message, which proclaims the Prophet Muhammad (and hence, by implication, Islam itself) to be “a blessing for all creation.”
15
Rethinking Classical Muslim Law of Apostasy and the Death Penalty
ABDULLAH SAEED
Some Muslims argue that the right to religious freedom as conceptualized in key international instruments is a product of the West and has no relevance for Muslims. * This argument emanates to a large extent from certain political and religious elites, who have an interest in keeping freedom of belief outside the Muslim domain and do so by relying on ideas, constructs and rulings developed in classical Islamic law. These groups tend to ignore the fact that human rights have growing political backing at the international level, with supporting conventions often enshrined in national legislation, even in Muslim-majority states. This means that the discourse on human rights has developed into a global debate in which Muslims are also participants. Thus religious freedom, as a fundamental human right under international law, has become one of the key rights upon which both Muslims and non-Muslims are increasingly focusing.
Freedom of belief for Muslims—particularly freedom to change religion—is one aspect of the right to religious freedom that is particularly targeted for criticism by many Muslims. They argue that this freedom, as conceptualized in international human rights instruments, is not in line with Islamic norms, values, and laws. According to proponents of this view, Muslims do not have the right to leave Islam and convert to another religion or to no religion at all. Under the classical Islamic law of apostasy, the penalty for leaving Islam is death. In the words of one Muslim religious leader: “The person who knows the truth [Islam] and believes in it, [but] then turns his back on it, does not deserve to live. The punishment for apostasy is prescribed for the protection of the religion and as a deterrent to anyone who is thinking of leaving Islam. There is no doubt that such a serious crime must be met with an equally weighty punishment.…” 1
Nevertheless, classical Muslim apostasy laws, as well as other restrictions on religious freedom in the Muslim world, are increasingly being opposed by Muslims, as well as non-Muslims, at local, national, and international levels. There is growing pressure on Muslims to comply with international standards onhuman rights from major international bodies such as the United Nations and Amnesty International, as well as from influential powers such as the United States and the European Union.
A careful examination of the debate reveals that current human rights discourse is not just a Western one. It is shared by a large number of Muslims as well. Muslim-majority states, as members of the United Nations, accept in principle the Universal Declaration of Human Rights (UDHR) and many have even ratified major human rights conventions. Constitutions in Muslim states often reflect the principles of the UDHR. Moreover, as a sign of participation in this global
For although the Qur’an prescribes no earthly punishment for either blasphemy or apostasy, the historical development of Islamic law has widely, though not universally, prescribed the death penalty as punishment for both. A critical historical study of the Qur’an,
hadith
, and
shari’a
would reveal the human origin of these interpretations and hence their complete inappropriateness within a modern context.
This objective historical approach to studying the foundational elements of Islamic law is fiercely resisted by many clerics and mullahs. Yet it is absolutely vital, if we are to liberate the “deep substance” of the Holy Qur’an’s message, which proclaims the Prophet Muhammad (and hence, by implication, Islam itself) to be “a blessing for all creation.”
15
Rethinking Classical Muslim Law of Apostasy and the Death Penalty
ABDULLAH SAEED
Some Muslims argue that the right to religious freedom as conceptualized in key international instruments is a product of the West and has no relevance for Muslims. * This argument emanates to a large extent from certain political and religious elites, who have an interest in keeping freedom of belief outside the Muslim domain and do so by relying on ideas, constructs and rulings developed in classical Islamic law. These groups tend to ignore the fact that human rights have growing political backing at the international level, with supporting conventions often enshrined in national legislation, even in Muslim-majority states. This means that the discourse on human rights has developed into a global debate in which Muslims are also participants. Thus religious freedom, as a fundamental human right under international law, has become one of the key rights upon which both Muslims and non-Muslims are increasingly focusing.
Freedom of belief for Muslims—particularly freedom to change religion—is one aspect of the right to religious freedom that is particularly targeted for criticism by many Muslims. They argue that this freedom, as conceptualized in international human rights instruments, is not in line with Islamic norms, values, and laws. According to proponents of this view, Muslims do not have the right to leave Islam and convert to another religion or to no religion at all. Under the classical Islamic law of apostasy, the penalty for leaving Islam is death. In the words of one Muslim religious leader: “The person who knows the truth [Islam] and believes in it, [but] then turns his back on it, does not deserve to live. The punishment for apostasy is prescribed for the protection of the religion and as a deterrent to anyone who is thinking of leaving Islam. There is no doubt that such a serious crime must be met with an equally weighty punishment.…” 1
Nevertheless, classical Muslim apostasy laws, as well as other restrictions on religious freedom in the Muslim world, are increasingly being opposed by Muslims, as well as non-Muslims, at local, national, and international levels. There is growing pressure on Muslims to comply with international standards onhuman rights from major international bodies such as the United Nations and Amnesty International, as well as from influential powers such as the United States and the European Union.
A careful examination of the debate reveals that current human rights discourse is not just a Western one. It is shared by a large number of Muslims as well. Muslim-majority states, as members of the United Nations, accept in principle the Universal Declaration of Human Rights (UDHR) and many have even ratified major human rights conventions. Constitutions in Muslim states often reflect the principles of the UDHR. Moreover, as a sign of participation in this global
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