Page 1 of 3
The issue of apostasy under Islamic Law (shari’ah), brought recently to public attention in the widely publicized case of the conversion of an Afghan citizen, raises troubling questions regarding freedom of religion and interfaith relations. The Afghan State’s prosecution of an Afghan man who converted to Christianity in 1990 while working for a Christian non-governmental raises in the mind of many the question of the compatibility of Islam with plural democracy and freedom of religion. Although the state court dropped the case under intense outside pressure, the compatibility issue has not been resolved as the judge invoked insanity as the basis for dismissing the case.
The case was presented as an example of conflict between Islam and democratic governance, but in many respects the case is rooted in, and influenced by, the forced secularization of Muslim society, and the absence of free debate under authoritarian regimes that currently dominate much of the Muslim world.
The issue of apostasy, like many other issues stemming from the application of shari’ah in modern society, is rooted more in the sociopolitical conditions of contemporary Muslim societies than in Islamic values and principles. More particularly, it is rooted in the incomplete transition from traditional to modern sociopolitical organization. It is rooted in the decision of many post-colonial Muslim countries to abandon traditional legal codes informed by Islamic law (shari’ah), in favor of European legal codes developed to suit modern European societies. The new laws where enforced by state elites without any public debate, and with little attention for the need to root legal codes in public morality.
Islam is the foundation of moral commitments for the overwhelming majority of Muslims, and is increasingly becoming the source of legitimacy for state power and law. Yet the post-colonial state in Muslim societies has done little to encourage debate in the area of Islamic law. The increased interest in adopting legal codes based in Islamic values, leaves the majority of Muslims with outdated legal codes that were intended for societies with markedly different social and political organizations and cultures.
The apostasy controversy highlights the importance of allowing Islamic reformers more say in public debate about political and legal reforms, and demonstrates the extent to which world powers undercut cultural and religious reforms by backing autocratic regimes that crack down on Muslim reformers in the name of combating political Islam. To legitimize their political rule and enlist the support of religious voices, autocratic rulers often align themselves with traditional religious scholars, who embrace a literalist understanding of shari’ah and perpetuate rigid and anti-reform agenda in Muslim societies.
Traditionalist scholars have long embraced classical positions on apostasy that consider the rejection of Islam as a capital crime, punishable by death. This uncritical embrace is at the heart of the drama that was played in the case of the Afghan convert to Christianity, and which will more likely be repeated until the debate about shari’ah reform and its relevance to state and civil law is examined and elaborated by authentic Muslim voices.
Tradition and Traditionalism
At the heart of the apparent conflict between Islamic and democratic traditions is a static and stagnant approach to understanding Islamic law. The conflict stems mainly from a literalist understanding of the revelatory sources, i.e. the Qur’an and Sunnah (the Prophet tradition), and the body of Islamic jurisprudence derived from them through the exercise of juristic reasoning. The latter includes customary traditions (‘urf) incorporated by jurists into the body of Islamic Law, as well as the various inferential tools used to derive the rules of Islamic jurisprudence from their sources, such as analogy (qiyas), pubic interest (maslaha mursalah), and community consensus (ijma). With the marginalization of Islamic juristic learning and the restriction of public debate on Islamic Law by the state, and the traditionalist jurists allied with it, a literalist approach of Islamic law has become rampant in many Muslim societies.
Under such climate, the most rigid and literalist interpretations of Islamic sources prevail, while enlightened and reformist views are suppressed and marginalized. The voices of many enlightened contemporary scholars such as those of Rashid al-Ghanoushi, Hassan al-Turabi, Jawdat Said, and others, who reject the literalist interpretation of the Islamic sources are pushed to the side, as these individuals have been persecuted for taking critical positions against the authoritarian regimes that rule their societies.
The Qur’an is Clear on Religious Freedom
There is ample evidence in the Qur’an that individuals should be able to accept or reject a particular faith on the basis of personal conviction, and that no amount of external pressure or compulsion should be permitted: “No compulsion in religion: truth stands out clear from error.”(2:256) “If it had been the Lord’s will, they would have believed – All who are on earth! Will you then compel mankind, against their will, to believe!” (10:99)
By emphasizing people’s right to freely follow their conviction, the Qur’an reiterates a long standing position, which it traces back to one of the earliest known Prophets, Noah: “He [Noah] said: O my people! See if I have a clear sign from my Lord, and that he has sent mercy unto me, but that the mercy has been obscured from your sight? Shall we compel you to accept it when you are averse to it!” (11:28).
The message of freedom of belief and conviction, and the call to religious tolerance is reiterated time and again through various Prophets, as it is quite apparent in the message of Prophet Shuaib to his people: “And if there is a party among you that believes in the message with which I have been sent, and a party which does not believe, hold yourselves in patience until Allah does decide between us: for He is the best to decide.” When Shuaib’s people threatened him with expulsion, he protested strongly citing his freedom to choose his faith: “The leaders, the arrogant party among his people, said: O Shuaib! We shall certainly drive you out of our city, and those who believe with you, or else you shall have to return to our ways and religion. He said: “What! Even though we do not wish to do so.”(7:86-7).
Not only does the Qur’an recognize the individual’s right to freedom of conviction, but it also recognizes his/her moral freedom to act on the basis of their conviction: “Say: O my people! Do whatever you may: I will do (my part). But soon will you know on whom an anguish of ignoring shall be visited, and on whom descends an anguish that abide”(39: 39-40). “Say: Everyone acts according to his own disposition: But your Lord knows best who it is that is best guided on the way.” (17:84).
The principle that the larger community has no right to interfere in one’s choices of faith and conviction can be seen, further, in the fact that the Qur’an emphasizes that the individual is accountable for the moral choices he or she makes in this life to their Creator alone: “O you who believe! Guard your own souls: If you follow (right) guidance, no hurt can come to you from those who stray. The goal of you all is God: It is He that will show you the truth of all that you do.” (5:105). “So if they dispute with you, say: I have submitted my whole self to God and so have those who follow me. And say to the People of the Book and to those who are unlearned: Do you (also) submit yourselves? If they do, they are in right guidance. But if they turn back, your duty is to convey the message; and in God’s sight are (all) His servants.”(3:20)