Apostasy and Shariah Law Sample Clauses

Apostasy and Shariah Law. Apostasy, the renunciation of a religion by an individual, is protected by Article 18 of the Universal Declaration of Human Rights: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.25 This freedom is at odds with Shariah law, the traditional law of Islam, as it considers apostasy a capital offense. This is problematic considering that numerous states in the international system incorporate the tenets of Shariah to some extent in domestic law. States such as Turkey and Kazakhstan have moved away from Shariah as a source of secular law, while others such as Pakistan and Sudan have mitigated the harsher principles of Islamic law through acknowledging the supremacy of the state constitution. However, there remain some states that do not 25 Universal Declaration of Human Rights. concede the supremacy of religious law (namely Saudi Arabia) and fully apply the Shariah.26 There are two sources of Shariah law: the Qur’an and Sunna. The Qur’an is believed by Muslims to be the literal word of God, revealed by the xxxxx Xxxxxxx to the Prophet Muhammad. As such, there is little room for interpretation or debate concerning this source of Islamic law.27 The Sunna reflects the traditions of the Prophet and is an authoritative source of law in Islamic jurisprudence. While the Qur’an does not explicitly mention execution as the penalty for apostasy, the Sunna does: “The blood of a fellow Muslim should never be shed except in three cases: That of the adulterer, the murderer and whoever forsakes the religion of Islam.”28 This is quite obviously inconsistent with any serious conception of human rights.
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