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HUMAN RIGHTS IN MUSLIM UNDERSTANDING (A must read)
Date: Thu,
18 Jan 2001 16:52:08 EST
HUMAN
RIGHTS IN MUSLIM UNDERSTANDING
By
Dr. Christine Schirrmacher
When
Christians are persecuted for their faith in Muslim countries, or when
Muslims
convert to Christianity and are threatened with the death penalty,
the Western
press accuses the Islamic state of human rights violations. At
the same
time, most Islamic states have ratified declarations such as the
United
Nations l948 General Declaration of Human Rights. How can they justify
this
contradiction?
In
the last decades, various Islamic organizations have themselves formulated
declarations
of human rights. They have one basic difference to those of
Western
statements, however. Because that they give priority to the Koran and
to the
Shari'a (Islamic law), human rights can only be guaranteed in these
countries
under the conditions imposed by these two authorities and their
regulations.
Article 24 of the l990 Cairo Declaration of Human Rights, for
example,
states that "All rights and freedoms mentioned in this statement are
subject to
the Islamic Shari'a," and
Article 25
adds, "The Islamic Shari'a is the only source for the
interpretation
or explanation of each individual article of this statement."
This
emphasizes the "historic role of the Islamic Umma, which was created by
God as the
best nation, which has brought humanity a universal and
well-balanced
civilization, in which harmony between life here on earth and
the
hereafter exists, and in which knowledge accompanies faith".
What
does the priority of the Koran and the Shari'a mean for human rights
discussions?
These two authorities insure that in Islamic states, human rights
only exist
within the limitation set by the religious values of Islamic
revelation
and are guaranteed only within the framework determined by the
Koran and
Islamic law. The secularized Westerner, molded by the Enlightenment
and
accustomed to separation of Church and State, has difficulties
understanding
that a country could determine its standards for political,
social life,
for private and public affairs, by the standards of religion.
Human
Rights or Duties?
For this
reason, Islamic apologists (defenders of the faith) are generally
convinced
that, while God has rights in regard to man, man has only duties
towards God.
Man must, for example, submit to God's will and fulfill the Five
Pillars of
Islam whereas God has no duties towards man.
Civil
Rights for Moslems and Non-Moslems
Islamic
culture has never known any sort of separation of religion and estate
, or of
politics and religion, while, in the Old Testament, a certain
division of
authority between the king and the high priest did exist. In
Islam,
Muhammad had unified both aspects in his own person, being
simultaneously
religious and political leader of the first Islamic community.
His
immediate successors, the Caliphs, also carried out both offices.
In
the Islamic states, Islam is the state religion, to which all citizens
are assumed
to belong, and which is considered to be the "principle on which
the State is
built. The State is bearer of a religious idea and is,
therefore,
itself a religious institution ... It is responsible for the
worship of
God, for religious training and for the spreading of the faith."
For this
reason, the law must distinguish between the civil rights of
Moslems, who
can fully enjoy legal protection because they prove their
loyalty to
the state by their adherence to its religion, and the rights of
non-Moslems,
who, as traitors, forfeit their right to state protection
because of
their 'unbelief'. In these countries, Moslems always have more
rights than
non-Moslems. A non-Moslem can usually not inherit from a Moslem,
for example.
Change of Religion is High Treason :
To be a
Moslem means to be a citizen imbued with all legal rights, whereas to
become an
unbeliever is to commit high treason, for Islam is an "essential
element of
the basic order of the State".
When
a Moslem repudiates his faith, he rebels against that order and
endangers
the security and the "stability of the society to which he
belongs".
Martin Forstner concludes, "Only he who believes in God and the
divinely
revealed Koran, and who obeys the Shari'a, is able to become a
competent
citizen, whereas the ungodly are
enemies of
society. The repeated duty to confess the faith - by fulfilling
the five
daily prayers, by fasting during Ramadan... is the medium by which
the
citizen's morale is conveyed, so that the Islamic State links full civil
rights to
the confession of the true faith" .
When
Islamic law is interpreted in its strictest sense, this 'watchman'
function of
the State over its citizens' religion makes it impossible for
human rights
to be given priority over Islamic law when a Moslem gives up his
faith, in
spite of human rights declarations. When a Moslem commits high
treason-according
to the Moslem' point of view-religious law must be obeyed,
and that
requires the punishment of the renegade. On the other hand, a
non-Moslem
can only enjoy those rights given him by the Koran and the Shari'a.
Freedom of Religion for Non-Moslems:
Although the
constitutions of many Islamic countries provide for freedom in
exercising
religious beliefs, non-Moslems almost always have great
difficulties
in practicing their faith. Moslems who have become Christians
may even
lose their lives. Still, Islamic countries claim to be tolerant and
to guarantee
freedom of religion.
In
spite of the fact that freedom of religion is part of the law in most
Islamic
countries, their constitutions declare Islam to be the state
religion. A
few other faiths, such as Judaism and Christianity, are allowed a
certain
right to exist, so that their members are not required to convert to
Islam, even
if they live in an predominantly Islamic area, but they are never
equal to
Moslems before the law. They remain 'second-class citizens' with
limited
legal rights and are subject to the Islamic State, which
defines the
limits of their religious freedoms very strictly (including the
building or
re-pairing of churches, for example).
In
most cases the Jewish or Christian faith must be exercised quietly, for
"a
Moslem citizen can not be expected to endure and continually resist the
missionary
activity of other religions". Non-Moslem faiths, which are only
tolerated
and supervised, may exist only under the conditions imposed by the
law,
otherwise not at all.
Non-Moslems
are forbidden to insult or disparage Islam, the Koran or the
prophet
Muhammad, which automatically occurs in Christian evangelization,
according to
Moslem opinion. Moroccan law, for example, requires a prison
sentence of
six months to three years, as well as a fine of 200 to 500
Durham, for
proselytizing a Moslem to another religion. Repudiation of Islam
is still
considered to be a crime worthy of death, whereas the Moslem has the
right to
proselytize others.
Conclusion:
Islamic human rights declarations of all kinds continually
insist on
the authority of the Islamic faith, and can therefore only
guarantee
civil rights which respect Islam and its principles. This
automatically
restricts the rights of non-Moslems, so that under Islamic law,
only the
Moslem can enjoy all rights, for only he is considered to be a loyal citizen.
Non-Moslems
have limited rights, but are allowed to exist. The Moslem who
repudiates
his faith loses all his rights, for he is considered a traitor to
his country
and to the state and may be subject to the death sentence either
under the
legal system or by his neighbors. This is emphasized in the "Draft
for an
Islamic Declaration of Human Rights", which was composed by the
Islamic
Conference in Jeddah in l979 .
This
statement forbids the Moslem to ever change his faith. Not to condemn
the renegade
to death would be an offence against the Shari'a, and can thus
not be
guaranteed, not even within the framework of a human rights declaration.
When Moslems convert to Christianity - Apostasy and the Death Penalty in
Islam
Does a
Moslem have the right to desert Islam and turn to Christianity? Is
faith a
private matter or do the state and its organs have the responsibility
to monitor
and control it? Christianity and Islam view this question quite differently.
In
our 'enlightened' Western world with its separation of Church and State,
the personal
belief of the individual is one of the most private areas of
life - so
much so that many are unwilling to even share the details of their
faith. Many
contemporaries consider their personal faith, which they have
formulated
according to their own convictions independent of the Church, for
the 'true
faith', a religion more valid than that of those who "are always
running to
church."
The Islamic view is quite different: faith and religion are basically
public
affairs
subject to the control of the state, although the measure of the
control
varies from country to country. Wherever Islam is the state religion
and the very
pillar of state order, the good citizen is expected to adhere to
Islam;
apostasy is treason.
The Koran on Apostasy: Wrath and Punishment:
The mere
unbelief of a man who denies God and refuses to submit to Him is,
according to
Islam, a serious sin. Whoever knows the Islamic faith but
rejects it
is guilty of an even more serious offence.
The Koran discusses apostasy in several places. Surah 16:106 mentions
God's
wrath and
the 'grievous chastisement' which a defector may expect. Surah
2:217 warns
against leading believers into apostasy, for this offence, "
graver than
slaughter". The good works of the apostate count for nothing, for
his apostasy
will not be forgiven, so that he will be thrown into hell. Surah
3;86-91
describes the his reward: the curse of God, of men and of angels is
on him
(3:87; 9:67-68), there is no redemption, mediation or aid for the
accursed.
God can in no way forgive apostates (4:137), for they are
unbelievers
who have made themselves particularly punishable. It is
interesting,
however, that beyond eternal damnation, the Koran defines no
concrete
worldly penalty and no judicial procedure for the punishment of the apostate.
Apostasy
"in the full possession of one's mental faculties"
Apostasy
from Islam' (in Arabic: "irtidad") means the proven, deliberate
defection
from Islam by a person either born Moslem or later converted to it.
He must be
in the full possession of his mental faculties and act of his own
free will,
not under coercion, before he can be condemned. Apostasy means the
denial of
the one true God, Allah and of his prophet, Muhammad. Islamic
theologians,
however, do not agree on a practical definition of apostasy. The
Koran
teaches the fact of apostasy, but fails to define it more clearly.
Is
the failure to perform the "Five Pillars of Islam"
(confession,
prayer five times a day, fasting during Ramadan, giving alms and
pilgrimage
to Mecca) apostasy?
If one has no legitimate reason for failing to pray five times a day, and
shows no
intention of improving, the Malikis, Shafi'ites and Hanbalis (three
Sunni legal
schools) consider him apostate, as the deliberate failure to pray
is
considered one of the gravest of sins. Abu Hanifa (father of the Hanafi
school)
believes such a person to be still a believer, but suggests
imprisonment
for his betterment until he is prepared to pray .
Should the individual unintentionally fail to fulfill the requirements of
Islam, he is
not apostate. His omission is still sin, to be penalized by the
judge's
discretion . The sentence of apostasy depends on the sinner's
de-liberate
refusal to obey.
Apostasy is Treason:
Apostasy
thus occurs not only when the confession of Islam is theoretically
denied, but
also when the practice of the faith is neglected. To depreciate
Muhammad, to
abuse a Koran (by burning or dirtying it, for example) or to
revile one
of the 99 most beautiful divine names are also apostasy. The
practice of
magic or the worship of images is also considered apostasy, for
these are
acts of idolatry. The belief in
the transmigration of souls (reincarnation) can also constitute apostasy, for
it denies
the resurrection.
Even
entering a church or showing interest in the Christian faith can be
considered
an act of defection. To suggest that Muhammad had any physical
defects, to
question the perfection of his knowledge, his morality or his
virtue, or
to defame the angels also constitutes apostasy. Since apostasy in
Islam is not
merely a private or ecclesiastical affair (by withdrawal of
church
membership, for example) as it is in Western society, the state must
act.
Apostasy is treason towards Moslem society
(the "Umma")
and the undermining of the Moslem state, for Islam is the
but-tress of
society and the state itself. Apostasy erodes and shakes the
foundations
of the order of society - because it is treason, the state must
prosecute
it.
Islam
requires the death penalty for apostasy:
The Koran
has little to say about judicial penalties for apostasy, but on the
basis of
Koranic warnings against it and the background of Islamic tradition,
Islamic
theology has formulated directions for the treatment and punishment
of
apostates. Only a minority of theologians believe the Koran's warnings to
appeal only
to private conscience, for which the state has no responsibility
. The
Ahmadiya Movement, which is persecuted as a sect in Pakistan, opposes
the death
penalty for apostasy.
Surah 4:88-89 warns against hypocrites led astray by God. Such people
have no
hope of
repentance and represent a danger for the Moslem fellowship, for
"They
desire that you should disbelieve as they have disbelieved, so that you
might be
(all) alike" (4:89). The text continues, "but if they turn back then
seize them
and kill them wherever you find them, and take not from among them
a friend or
helper."
Imprisonment as an opportunity to repent:
This verse,
generally interpreted to be a concrete commandment on the
treatment of
the apostate, requires the death penalty for the offence. The
renowned
Egyptian theologian, Muhammad Muhammad Abu Zahra (1898-1974) speaks
of three
cases in which a Moslem may be punished by the death penalty;
apostasy,
bawdiness following a properly legal marriage and any murder except
family
vendettas .
The commandment to execute the apostate is, however, derived not so much
from
the Koran as
from Islamic tradition, for the traditions from Mohammed's
lifetime are
much more explicit: "Kill anyone who changes his religion", and
"He who
separates himself from you (or repudiates the faith) must die”.
Tradition
relates that Muhammad himself illegally mutilated and killed
apostates
who have been said to have killed some of his followers. J. Schacht
discusses
the Islamic attempt to justify Muhammad's action , for which the
Koran offers
no clear revelation which would have commanded such a course of
action.
Other traditions exist as well, in which Muhammad at the end of his
life,
following the capture of his family's city Mecca, executed two
apostates
who had killed a Moslem, as well as another who is
reported to
have done nothing illegal .
Judging
by the sources, the death penalty seems to have been carried out on
apostates
after the prophet's death , and modern Sunni and Shi'ite law
generally
agree that apostasy, blasphemy, ridicule of the Prophet or of the
angels are
to be punished by death. The accusation of apostasy must however
be clearly
proven, for example by the fact of blasphemy, ridicule of the
Prophet,
denial of the necessity of practicing the Five Pillars of Islam, or
if the
accused has participated in actions such as idolatry, magic, the abuse
of the Koran
or desertion to Islamic enemies.
Persecution
by the family:
Apostasy is
basically an offence to be prosecuted by the state, once charges
have been
brought. Sometimes the relatives prefers to wash away the 'shame'
of apostasy
itself with an alternative 'solution' such as casting the
offender out
of the family , driving him out of the country or even killing him.
When
a case of apostasy is brought before a judge, it must usually be
confirmed by
two male witnesses . In order to determine the defendant's
guilt, the
judge may require him to repeat the Confession of Faith ("There is
no god but
Allah, and Muhammad is His prophet"). Refusal to pronounce the
confession
can be considered proof of apostasy.
The apostate must be in full possession of his mental faculties, if he is
to
be
condemned, and cannot have given up Islam under coercion or intoxication.
Children and
the mentally retarded can, therefore, not be condemned of
apostasy at
all, and women only under particular circumstances, although the
various
judicial schools disagree on their liability.
The three Sunni schools, the Shafi'is, the Malikis and the Hanbalis, do
not
distinguish
between men and women in this matter. The Malikis demand
postponement
of penalization if the woman is pregnant or nursing. The Hanafis
allow the
death penalty for male Moslems, but in analogy to Surah 24:2 and
4:15, they
and the Shi'ites insist on a procedure by which an apostate woman
is to be
imprisoned and beaten every three days, or even daily, until she
recants - at
least in theory. The father of the Hanafi school, Abu Hanifa,
also
suggested slavery as punishment for women. - So much for theory.
In
practice, the courts seldom deal with cases of apostasy. When Moslems
convert to
Christianity, they seem to be punished unofficially by their
families or
even by onlookers instead of fearing the conviction of a judge.
Immediate
private revenge does at least seem to frequently follow a Moslem's
declaration
of his apostasy. Besides, judicial proceedings on apostasy
provoke
unwelcome attention in the Western press.
Although the apostate has a right to proper judicial proceedings, but, in
practice, no
Moslem who kills him even without giving him the opportunity to
submit to a
trial or to recant, will be accused of murder. The killer cannot
even be
officially charged of the offence, even though he has in theory acted
wrongly. At
the most, he might theoretically be accused of acting too
quickly,
since he failed to wait for the judicial system to act. In the eyes
of Moslem
society, however, he has committed no murder, for the execution of
an apostate
is not an offence.
The judge may decide to penalize the killer, but only with a mild
punishment
or even with
an admonition . Thus, the renegade finds himself a sort of
outlaw
without any sort of legal protection . The same applies, when the
apostate is
brought to court but not condemned to death. His murderer only
carries out
valid law, as the Islamic legal dogmatist, Abdul Qader 'Oudah
Shaheed
emphasizes, for the execution of an apostate, ac-cording to the
Shari'a, is
not a right, but the duty of every Moslem .
In spite of
such hard regulations, not every apostate suffers execution,
either
because he is able to fly, or because his environment threatens but
does not
carry out the penalty. There can, however, be other consequences:
Loss of Family, Home and Property:
Whether or
not the apostate is executed, usually other measures are taken,
such as the
confiscation of his property. The different schools of law hold
varying
opinions on the extent of the confiscation; some recommend that all
property may
be taken, while others permit only the property acquired since
the
defection . The Hanafis permit the offender to recover his property by
returning to
Islam, while the other three schools consign it to the state
after his
death .
Before
his trial he will probably lose his job, and his family will possibly
try to bring
him back to the fold by the services of a Moslem clergyman, but
if that
fails, they may send him to a psychiatric clinic or out of the
country or
even expel him from the family.
His
marriage is automatically dissolved, for marriage with an apostate is
illegal, so
that a male convert suddenly finds himself living in adultery with
his
own wife, who could also be stoned to death, if she refuses to leave
him.
Besides, no Moslem woman may be married to a non-Moslem. Should the
apostate
return to the faith, he must repeat the marriage ceremony to be
legally
married again. He may also expect further various consequences in
matters of
inheritance or property rights; an apostate is usually
dispossessed.
Should he move into a non-Islamic country, his homeland will
consider him
dead, so that his heirs inherit his property .
Apostasy
is blasphemy:
Moslem
theologians disagree on the desirability of having a clergyman exhort
the defector
to recant before condemning him to death. Most re-commend
admonition
and suggest allowing the offender a certain period of time (three
days, for
example) to repent, but an avenger unwilling to wait need fear no
judicial
penalty.
The
Malikis forbid the authorities to beat the prisoner during this period of
reflection,
but do not permit his burial in a Moslem cemetery, once a judge
has ordered
the execution . Should he repent, he is to be treated as a Moslem
once again.
If the offender has already turned from Islam several times, his
return is
more difficult. The Malakis and Hanbalis then demand execution in
spite of any
apparent repentance, while the Shafi'is regard each renewed
return to
Islam true repentance.
Theologians
also disagree on the difference to be made between the apostasy
of a convert
to Islam and that of a person born and raised as a Moslem. They
also hold
different views on the expediency of the death penalty for a
penitent
apostate. According to Shi'ite theology, repentance is not
sufficient
to revoke the death penalty. This may be the reason that the death
penalty
pronounced on Salman Rushdie by Ayatollah Khomeini in his Fatwa
(legal
report) of February 14, 1989 was not revoked, when Rushdie publicly
renounced
his blasphemous novel, "The Satanic Verses," and officially
apologised
for it. No Moslem born in Bombay and raised in
England may
disparage or insult either Islam, the Koran, the angels or the
Prophet
Muhammad as long as he lives, for fear of confirming the offence of apostasy.
Crucifixion
or Decapitation:
Islamic
authorities demand that the defector from the faith - assuming that
his guilt
has been proven - be beheaded with the sword, but not tortured in
any way.
Other methods of execution are permissible. Crucifixion is one
possibility.
A tradition traced to Aisha, Muhammad's favorite wife, requires
the apostate
to be executed, crucified or burnt . Caliph 'Umar II is also
said to have
had apostates bound to a pole and pierced with a lance. Otto
Spies cites
further examples . Perhaps the best-known example is the
condemnation
of the mystic al-Hallaj, who was crucified as a heretic in
Baghdad in
922 for his unorthodox doctrines.
Crucifixion
is not carried out only on apostates. Islamic law also recommends
it for
violent street robbery involving murder or manslaughter (in Arabic:
"qat'
at-tariq") outside of the city boundaries. Rebels, ringleaders of mobs
and heretics
are to be crucified as well . Some theologians recommend
crucifixion
as the method of execution, while others prefer it as a deterrent
following
execution.
According
to Islamic theology, the heretic (in Arabic: "zindiq"), an
unbeliever
pretending to be a Moslem, is the equivalent of an apostate. The
Malakis and
the Hanbalis require his execution without any opportunity for
repentance,
and independent of any repentance, for they identify him with the
hypocrite
(in Arabic: "munafiq") so strongly condemned in the Koran, and thus
demand an
even heavier punishment for him than for the apostate.
If
he repents before his execution, he may be buried in a Moslem cemetery,
for he has
died as a believer executed for his offence, not as an unbeliever
. The
Hanafis and the Shafi'is do not demand his execution, whenever he repents .
The divine miracle: Islam threatens the apostate with severe penalties,
whether he
has become a Christian or has rejected religion altogether. Exile,
disinheritance,
divorce, intimidation, loss of family and of job, threats,
beating,
torture, prison and even death are very real expectations for any
Moslem who
becomes a Christian, even though not all may take place. Only
seldom does
the miracle occur that the family of the convert accepts his
decision or
become Christian as well, but, otherwise, the new believer lives
in constant
danger of detection and persecution.
He can meet with other Christians only in great secrecy, and may not be
able
to find the
love and acceptance he so greatly needs in his church, which may
well fear
Moslem spies. In spite of persecution and difficulties, the number
of converts
from Islam grows so steadily that it seems that more Moslems are
becoming
Christians than ever before.
God
is building His church on the one spot where, according to human
considerations,
it cannot exist at all. It is the chief duty of any Christian
living in
the Western countries to publicly remind of the persecuted church
to pray for
converts and support them wherever possible.
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