Criminalisation Of Apostasy And Blasphemy In Afghanistan And Global Reactions
1. Introduction
In Afghanistan, apostasy (renouncing Islam) and blasphemy (insulting Islam) are considered serious offenses under Sharia law. The Afghan Penal Code of 1976 does not explicitly address these crimes, leaving their prosecution to be governed by Islamic jurisprudence, particularly the Hanafi school of thought. The Afghan Constitution of 2004 recognizes Islam as the state religion and mandates that laws be in accordance with Islamic principles, thereby providing a legal basis for the criminalization of apostasy and blasphemy.
2. Case Law Analysis
Case 1: Sayed Pervez Kambaksh (2007–2009)
Background: Sayed Pervez Kambaksh, a journalism student at Balkh University, was arrested in October 2007 for allegedly downloading and distributing an article that criticized the treatment of women in Islamic societies.
Legal Proceedings: In January 2008, Kambaksh was sentenced to death by a primary court in Mazar-e-Sharif for blasphemy. The court relied on a confession that Kambaksh later claimed was obtained under duress. The Afghan Senate initially supported the death sentence but later withdrew its support. In October 2008, the Court of Appeals in Kabul upheld the conviction but commuted the sentence to 20 years in prison. The Supreme Court confirmed this decision in February 2009. In August 2009, President Hamid Karzai granted amnesty to Kambaksh, allowing him to leave Afghanistan.
Significance: This case highlights the use of blasphemy charges to suppress freedom of expression and the challenges faced by individuals accused of apostasy or blasphemy in Afghanistan.
Case 2: Abdul Rahman (2006)
Background: Abdul Rahman, a convert to Christianity, was arrested in February 2006 for apostasy after his conversion became known.
Legal Proceedings: Rahman was charged with apostasy, which under Sharia law is punishable by death. His trial attracted international attention and criticism. In March 2006, the Afghan Supreme Court ruled that Rahman was mentally unfit to stand trial and ordered his release. Rahman was subsequently granted asylum in Italy.
Significance: This case underscores the tension between Afghanistan's legal system and international human rights standards, particularly regarding freedom of religion.
Case 3: Ali Mohaqiq Nasab (2005)
Background: Ali Mohaqiq Nasab, the editor of the women's rights magazine Huqūqi Zan, was arrested in October 2005 on charges of blasphemy for publishing articles that questioned the severity of punishments for adultery and theft under Sharia law and argued that a woman's testimony should be equal to that of a man.
Legal Proceedings: Nasab was sentenced to two years in prison by a court in Kabul. After international pressure, his sentence was reduced to six months, with half of it suspended. He was released after serving three months.
Significance: Nasab's case illustrates the use of blasphemy charges to suppress dissent and the challenges faced by journalists and activists advocating for reform in Afghanistan.
Case 4: Ghaus Zalmai (2007)
Background: Ghaus Zalmai was arrested in November 2007 for publishing an unofficial translation of the Quran into Dari. The translation was not authorized by religious authorities and was considered by some as a form of blasphemy.
Legal Proceedings: Zalmai was sentenced to 20 years in prison for blasphemy. His case drew criticism from human rights organizations, which argued that it violated the right to freedom of expression and religion.
Significance: This case highlights the criminalization of religious expression and the risks faced by individuals attempting to engage in religious discourse in Afghanistan.
Case 5: The Murder of Farkhunda Malikzada (2015)
Background: Farkhunda Malikzada, a 27-year-old woman, was falsely accused of burning the Quran in March 2015. She was publicly lynched by a mob near the Shah-Do Shamshira Mosque in Kabul.
Legal Proceedings: Several individuals were arrested and convicted in connection with Malikzada's death. The case highlighted the dangers of false accusations of blasphemy and the need for judicial reforms to prevent such incidents.
Significance: Malikzada's murder underscores the lethal consequences of blasphemy accusations and the challenges in ensuring justice and accountability in such cases.
3. Global Reactions
International human rights organizations have consistently criticized Afghanistan's laws and practices regarding apostasy and blasphemy. These laws are seen as violating fundamental human rights, including freedom of religion and freedom of expression. The United Nations and various non-governmental organizations have called for the repeal of apostasy and blasphemy laws in Afghanistan and for the protection of individuals' rights to freely practice and change their religion.
4. Conclusion
The criminalization of apostasy and blasphemy in Afghanistan has led to significant human rights concerns. The cases discussed illustrate the severe consequences individuals face when accused of these offenses, including imprisonment, torture, and even death. There is a pressing need for legal reforms in Afghanistan to align with international human rights standards and to protect individuals from persecution based on their religious beliefs.
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