Abstract
General Remarks 1. This submission provides observations and recommendations for an enlightened interpretation of apostasy in Islamic law that deconstructs the notion that it is a capital crime and demonstrates the legitimacy of freedom of religion or belief in Islam. 2. Part II of this submission will present (a) an overview of Islamic law; (b) the religious basis for the criminalization of apostasy as a capital crime; and (c) an alternative interpretation in light of Muslim jurists? views on the issue. 3. This interpretation can be used to remove apostasy as a capital crime in Muslim jurisdictions and promote the fundamental right of freedom of religion or belief. 4. Part III of this submission will consider the apostasy laws in Sudan with a specific focus on the case of Meriam Ibrahim. This will be placed in the context of Islamic law, with reference to Part II, and the relevant international law namely Articles 6 and 18 of the International Covenant on Civil and Political Rights (ICCPR). 5. Part IV offers concluding remarks and recommendations.
Original language | English |
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Publisher | Office of the High Commissioner for Human Rights |
Publication status | Published (VoR) - 1 Oct 2020 |