I cannot but see this as troubling, news just in from Barnabas fund. Can anyone frame an Islamic understanding of this that can save this man in shariah terms?
Abdul Rahman (41) converted from Islam to Christianity at least 14 years ago. He is now on trial in Kabul charged with rejecting Islam. The prosecutor says that if he returns to Islam the charges will be dropped, but if he is found guilty he will be executed: “We are Muslims and becoming a Christian is against our laws. He must get the death penalty.” The judge has also stated that Mr Rahman faces the death penalty if he refuses to revert to Islam as shari‘a [Islamic law] proposes capital punishment for any Muslim who converts to another religion.
Abdul Rahman was denounced to the police last month by his family, with whom he was in dispute over the custody of his two daughters. He has refused to renounce his faith, despite the threat of execution. He is being held in Kabul Central Prison, one of 50 prisoners in a cell built for 15. Most prisoners have food brought to them by their families, but Mr Rahman’s family do not visit him.
The death sentence for adult male Muslims who abandon their faith is agreed by all schools of shari‘a. Afghanistan’s 2004 constitution states that “no law can be contrary to the beliefs and provisions of the sacred religion of Islam” (Article 3) thus affirming that apostasy from Islam is punishable by death. On the other hand, the constitution’s preamble affirms that the
people of Afghanistan will respect the United Nations Universal Declaration of Human Rights, which in Article 18 guarantees the freedom to change one’s religion.
Non-Muslim Afghans who have never been Muslims have a measure of freedom in that they are permitted to “exercise their faith and perform their religious rites within the limits of the provisions of the law” (Article 2). This applies to Afghan Hindus, Sikhs and the one remaining member of Afghanistan’s Jewish community. But it does not apply to Afghan Christians (or other non-Muslims) who have chosen to convert from Islam.
The trial of Abdul Rahman is the first of its kind since the fall of the Taliban regime in Afghanistan in 2001. In 2004 five Afghan converts from Christianity were murdered either for apostasy from Islam or for spreading their faith. It is reported that other converts who have been formally charged by the authorities have renounced their faith in the face of the death penalty. This means that Abdul Rahman’s case is the first time that Afghanistan’s ambiguous constitution will be tested. It will set a
precedent for the treatment of other converts from Islam to Christianity.
The judge of the Primary Court has said he will rule on the case within two months. If found guilty, Abdul Rahman will be able to appeal to the Provincial Court and the Supreme Court. The execution order would have to be signed by President Hamid Karzai
See also...
ICL - Afghanistan Constitution
Filed in: international, Afghanistan, constitution
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