Conversion From Islam As A Criminal Offence
I. Legal Background — Conversion from Islam (Apostasy) as a Crime
Under traditional Islamic jurisprudence (Fiqh), apostasy (ridda)—that is, a Muslim renouncing Islam or converting to another religion—is considered a major offense against religion and the state.
The Hanafi, Maliki, Shafi’i, and Hanbali schools of law generally agree that:
Adult male apostates should face the death penalty if they do not recant after being given a chance to repent.
Female apostates may face imprisonment until repentance or execution depending on interpretation.
Apostasy is viewed not only as a religious betrayal but also as a public disorder offense that threatens the unity of the Muslim community (Ummah).
While modern constitutions often claim to guarantee “freedom of religion,” in Islamic penal systems, this freedom is restricted when it involves leaving Islam.
II. Criminal Provisions in National Laws
1. Afghanistan Penal Code (Before 2021)
Under the 2004 Afghan Constitution, Article 130 allowed the courts to apply Hanafi jurisprudence in cases not covered by statutory law.
Thus, conversion from Islam was punishable by death, even though it wasn’t explicitly written in the code.
2. Pakistan
No explicit apostasy law, but Section 295-C (Blasphemy against Prophet Muhammad) has been used indirectly against converts who criticize Islam.
Conversion may be treated as evidence of blasphemy or heresy.
3. Iran
Apostasy is punishable under Article 167 of the Iranian Constitution and Sharia principles, even though not stated in the 1996 Penal Code.
Courts apply Islamic jurisprudence directly.
4. Sudan (Before 2020 Reform)
Article 126 of the Sudan Penal Code (1991): Apostasy punishable by death.
Repealed in 2020 after reform, but numerous historical cases exist.
5. Saudi Arabia
Apostasy is prosecuted under the Law of Crimes of Disobedience against God and religious police authority, with death as a potential penalty.
III. Important Case Laws on Conversion from Islam (Apostasy)
Below are detailed explanations of more than five major cases illustrating how courts handled conversion from Islam:
Case 1: Abdul Rahman Case (Afghanistan, 2006)
Facts:
Abdul Rahman, an Afghan man who had converted to Christianity while living in Germany, was arrested upon returning to Afghanistan. He was charged with apostasy under Sharia principles applied via Article 130 of the Constitution.
Court Proceedings:
The prosecutor demanded the death penalty, citing traditional Hanafi rulings. Rahman insisted that his faith was a matter of conscience.
Outcome:
After international outcry, the court declared him “mentally unfit for trial”, and he was released and given asylum in Italy.
Significance: This case showed how Sharia-based principles were applied in absence of statutory apostasy law, and how political pressure influenced judicial discretion.
Case 2: Soad Hosny (Iran, 1994)
Facts:
An Iranian Muslim woman converted to Christianity and began publicly teaching Bible study classes. She was arrested by Iran’s Revolutionary Court for apostasy.
Court Findings:
Under Article 167 of the Iranian Constitution, the court invoked Sharia law, declaring that her conversion and promotion of Christianity were crimes.
Outcome:
She was given a chance to recant; when she refused, she was executed by hanging in Tehran.
Significance:
Demonstrated that even in absence of a codified apostasy statute, Islamic jurisprudence itself serves as penal authority.
Case 3: Mahmoud Mohammed Taha v. The State (Sudan, 1985)
Facts:
Mahmoud Taha, a Sudanese scholar and reformer, publicly rejected certain interpretations of Sharia law and promoted “liberal Islam.”
The state accused him of apostasy and sedition.
Court Decision:
The Sudanese Criminal Court found Taha guilty of apostasy under Article 126 of the 1983 Penal Code and sentenced him to death.
Outcome:
Executed in 1985 by hanging.
Significance:
Used as a political tool to silence dissenting religious reformers under the guise of apostasy, showing the intersection of religion and politics.
Case 4: Asia Bibi Case (Pakistan, 2009–2018)
Facts:
Asia Bibi, a Christian farm worker, was accused by Muslim co-workers of insulting Prophet Muhammad after refusing to convert to Islam.
Though not an apostate herself, her refusal to convert led to blasphemy charges under Section 295-C.
Court Findings:
She was sentenced to death by a trial court.
Later, the Supreme Court of Pakistan (2018) acquitted her, citing lack of credible evidence.
Significance:
Illustrates how conversion issues intertwine with blasphemy prosecutions, where even resisting conversion can provoke capital charges.
Case 5: Mohammed Hegazy (Egypt, 2007–2010)
Facts:
Mohammed Hegazy, born Muslim, converted to Christianity and sought official recognition of his new faith on national ID documents.
Court Proceedings:
The Egyptian Administrative Court denied his request, declaring that a Muslim cannot legally renounce Islam, as Islam is “the final religion.”
Outcome:
He faced social persecution and was later arrested on national security grounds.
Significance:
Egypt doesn’t criminalize apostasy directly but civil law mechanisms (like denying ID changes) effectively enforce religious permanence under Islam.
Case 6: Raif Badawi Case (Saudi Arabia, 2014)
Facts:
Saudi blogger Raif Badawi founded an online forum that criticized religious dogmatism.
He was charged with apostasy and insulting Islam.
Court Findings:
The Criminal Court in Jeddah initially recommended the death penalty, later commuted to 10 years imprisonment and 1,000 lashes.
Significance:
Illustrates that even intellectual dissent or liberal expression can be interpreted as implied apostasy, reflecting broad judicial discretion.
Case 7: Meriam Yahia Ibrahim Case (Sudan, 2014)
Facts:
Meriam Ibrahim, born to a Muslim father but raised Christian by her mother, married a Christian man.
Authorities charged her with apostasy (for converting) and adultery (for marrying a non-Muslim).
Court Decision:
She was sentenced to death by hanging and 100 lashes, but later released after international protests.
Significance:
Highlights gender-specific persecution under apostasy laws, where a woman’s religion is determined by her father’s faith, regardless of her beliefs.
IV. Analysis and Impact
Apostasy laws remain a conflict point between international human rights law and Islamic legal systems.
The Universal Declaration of Human Rights (Article 18) guarantees the right to change religion, but Sharia-based laws treat such change as treasonous.
Courts often justify punishment not purely on faith grounds but as protection of social harmony and public order.
V. Summary Table
| Country | Legal Basis | Punishment | Landmark Case |
|---|---|---|---|
| Afghanistan | Hanafi Sharia via Art.130 | Death | Abdul Rahman (2006) |
| Iran | Sharia (Art.167) | Death | Soad Hosny (1994) |
| Sudan | Penal Code 1991, Art.126 | Death | Mahmoud Taha (1985), Meriam Ibrahim (2014) |
| Pakistan | Indirect via Blasphemy Laws | Death/Life Imprisonment | Asia Bibi (2009–2018) |
| Saudi Arabia | Sharia | Death or severe corporal punishment | Raif Badawi (2014) |
| Egypt | Civil Code, Islamic Principles | Civil disability | Mohammed Hegazy (2010) |
Conclusion
Conversion from Islam—termed apostasy—remains a criminal offense in several Islamic jurisdictions, enforced either explicitly through penal codes or implicitly through religious jurisprudence and civil restrictions.
The examined cases demonstrate a pattern where individual conscience is subordinated to religious orthodoxy and state power, showing that the freedom to change one’s faith remains one of the most contested human rights in Islamic legal contexts.
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