Bravo, Italy. Now how about ending the harassment of Fallaci?
From AP, with thanks to Sr. Soph:
ROME - Italy's foreign minister will ask the government to grant asylum to an Afghan man who had faced the death penalty for converting from Islam to Christianity....Abdul Rahman, 41, was released from prison late Monday, a day after the court dismissed the case under pressure from the Bush administration.
He quickly dropped out of sight, as Muslim clerics in his country continued to call for his death.
Enjoy your new life Abdul. Just make sure you change your name for some additional protection.
To the point as always, Robert.
Yes, they should - time for a change of heart.
I have seen two fascinating releases from a group known as th Free Muslim Coalition:
Free Muslims Coalition Applauds Decision to Release Abdul Rahman; Demands Further Constitutional and Legislative Change
By Thomas Haidon, Cheif Legal Advisor, Free Muslim Coalition
The Free Muslim Coalition is appalled by the decision of the Afghani Attorney General to prosecute Abdul Rahman, under the opaque article 130 of the Afghani constitution, which permits the Attorney-General to bring prosecutions that fall outside the criminal code, in accordance with "Hanafi (a school of Islamic legal thought) jurisprudence". Mr Rahman has been charged under article 130, for "attacking Islam", through his conversion to Christianity from Islam. According to Judge Alhaj Ansarullah Mawlawy Zada, who will be trying the case, Mr Rahman faces the prospect of death by hanging.
The determination to prosecute and any subsequent punishment is in clear violation of the laws of the Qur'an, Islamic jurisprudence and Afghanistan's obligations pursuant to international human rights law. FMC appeals to the Afghan Attorney General and President, Hamid Karzai to immediately drop all charges against Mr Rahman, make provision for his immediate release, and provide him and his family with adequate protection from state and non-state actors. In addition, Afghanistan should repeal article 130 and any other legislative provision that violates the fundamental freedoms of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights to which Afghanistan is a signatory to.
The Qur'an
The Qur'an guarantees freedom of religion and conscience. It prescribes no earthly punishment for a Muslim who effectively leaves Islam for another religion. The Qur'an makes the following, authoritative proclamations:
There shall be no compulsion in religion: the right way is now distinct from the wrong way. Anyone who denounces the devil and believes in GOD has grasped the strongest bond; one that never breaks. GOD is Hearer, Omniscient. [2:256]
Say, ‘O you who disbelieve! I don't worship what you worship. Nor do you worship what I worship. And I'm not worshipping what you worship. Nor are you worshipping what I worship. To you is your religion and to me is my religion.' [109:1-6]
So remind. You are only a reminder. You are not a dictator over them. He who turns away and disbelieves, God will punish him with a great punishment. Certainly to us is their return. Then certainly upon us is their reckoning. [88:21-26]
Say, "I have solid proof from my Lord, and you have rejected it. I do not control the retribution you challenge me to bring. Judgment belongs with GOD alone. He narrates the truth, and He is the best judge." [6:57]
The implication of these verses is that while an individual who leaves Islam may face punishment from God in the afterlife, they are immune from punishment in life. Furthermore, the Qur'an proclaims that Jews and Christians are accorded the protected status of ahl-al kitab or People of the Book:
"Believers, Jews, Christians, and Sabaeans -- whoever believes in God and the Last Day and does what is right -- shall be rewarded by their Lord; they have nothing to fear or to regret." [2:62]
The jurisprudence to which the Afghani law is based on, does not arise from the Qur'an, but from traditions attributed to the Prophet Muhammad (PBUH). These specific traditions, are general in nature, and do not provide adequate guidance in the case of Mr Rahman, particularly in light of the countless traditions which espouse the mercy of the Prophet. Furthermore, the two particular hadith from which form the penalty of death for apostasy is based upon, when read from a contextualist perspective, show that apostasy at the time of the Prophet Muhammad was coupled with seditious and treasonous acts against the Islamic state. During this time period, the Islamic state faced a number of non-Muslim enemies. In our view, application of these particular traditions (as well as traditions of a similar nature that can be interpreted to violate the human rights of Muslim and non Muslim peoples) in the modern Muslim world is misguided, particularly in light of the obligations of Muslim countries to protect universal human rights.
However, application of these laws without concurrent, clear evidence of seditious or treasonous conduct would place Mr Rahman outside the scope of the offence under traditional Islamic jurisprudence. From all indicators, Mr Rahman is a model citizen, who is involved in the preservation of life and care of the ill. In this regard FMC invokes the Islamic jurisprudential doctrine of "Amaan", or "safe conduct" which provides protection and immunity to non-Muslims. Such a declaration is valid when the non-Muslim in question has not committed acts of or analogous to sedition or treason. A similar declaration has been made by a Muslim organisation in Kabul.
Domestic and International Human Rights Law
The prosecution of Mr Rahman contravenes the Afghani constitution, which guarantees the freedom of religion and conscience and international human rights standards, specifically the Universal Declaration of Human Rights and the ICCPR.
Article 7 of the Afghan Constitution
Article 7 of the draft Afghani Constitution declares: "the state shall abide by the UN Charter, international treaties, international conventions that Afghanistan has signed, and the Universal Declaration of Human Rights". Afghanistan is a signatory to the ICCPR, a treaty to which Afghanistan is legally bound to follow.
ICCPR
Article 18 enshrines the freedom of thought, conscience and religion: "Everyone shall have the right to freedom of thought, conscience and religion" and that "this right shall include freedom to have or to adopt a religion or belief of his choice". According to the Human Rights Committee's General Comment 22, this necessitates that the freedom to ‘have or to adopt' a religion or belief necessarily entails the freedom to choose a religion or belief, including the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief". The Comment elucidates further that the "the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs to recant their religion or belief or to convert" is prohibited.
Clearly, from the view of the Qur'an and international human rights law, the prosecution of Mr Rahman is illegal. FMC stands in solidarity with Mr Rahman, and reiterates that charges against him be rescinded, he is released and that he be provided with adequate protection. Further, the Afghani constitution should be amended to provide specific protection for individuals in Mr Rahman's situation. Sadly, application of the penalty of death for the "crime" of apostasy is not limited to Afghanistan, but occurs in other Muslim countries.
Further FMC invokes the doctrine of Amaan, and orders the government of Afghanistan to protect him from harm. Failure to meet this obligation, according to Islamic jurisprudence is haram.
FMC will petition the government of Afghanistan, and if necessary submit an amicus curie brief on behalf of Mr Rahman to the Afghani court. FMC would also be willing to present oral submissions to that court.
The Free Muslim Coalition (FMC) applauds the decision of the Afghan Supreme Court to
withdraw charges against Abdul Rahman who was charged with "attacking Islam" for
converting to Christianity. The Afghan government must however ensure Mr. Rahman and his
family's safety or provide him with safe passage to a country which can. Furthermore,
the release of Mr. Rahman must be complemented by constitutional and legislative change
to ensure that the freedom of religion and conscience are preserved, and that no further
prosecutions for apostasy can occur again.
According to Sami El-Behiri, co-founder and Vice President of FMC, the freedom to choose
ones own religion is sacrosanct and must be respected: "When it comes to faith only God
can judge people. Religion is a direct relationship between the person and God and at
the end God will evaluate this relationship".
"Any decision to prosecute violates the freedoms of religion and consciousness
guaranteed by the Quran, Islamic jurisprudence, and international human rights law,"
says Thomas Haidon, chief legal advisor to FMC.
"Article 7 of the Afghan Constitution proclaims that Afghanistan will honor the
Universal Declaration of Human Rights and treaties it accedes to. As a signatory to the
International Covenant for Civil and Political Rights, Afghanistan is legally obliged to
uphold the right of the individual to choose -- and change -- their own religion as set
forth in article 18. Prosecution, as well as any subsequent punishment, places
Afghanistan in violation of international law."
Confirming the Quran's religious freedom guarantees, Islamic scholar, Professor Khaleel
Mohammed, cites several verses, including "There shall be no compulsion in religion: the
right way is now distinct from the wrong way. Anyone who denounces the devil and
believes in GOD has grasped the strongest bond; one that never breaks. GOD is Hearer,
Omniscient. [2:256]"
Good to see a pitiful few Muslims are prepared to speak up as we focus on an isolated case in Afghanistan that happens to have been highlighted in the media. There are hundreds of cases of persecution against converts, yes even in the UK.
Until basic human freedoms are honored in the Muslim ideology and in practise, the globe will continue to be affected by an ongoing clash of worldviews and converts, women and non-believers will suffer.
So much for "no compulsion in religion"
The BBC have an article on What Islam says on religious freedom. The Free Muslims Coalition is a minority view.
http://news.bbc.co.uk/1/hi/world/south_asia/4850080.stm
I think that the BBC article itself, while it may not be an exercise in deliberate deception, is far from accurate.
What is any fair-minded person to make of a statement such as this from one Abdelmouti Bayoumi?
That, it seems to me, is a deliberately deceptive comment made for the benefit of the BBC by a reasonably clever but wholly unscrupulous man, who is aware that there is a certain separation between church and state in Western societies, and who, consequently, phrases his statement in those terms. A phrase such as "interest of the state" is meaningless in the context of Islam, since Islam, for all intents and purposes, is the state. "L'etat, c'est moi," says Islam.
Bayoumi is speaking to you, not speaking of what he really thinks.
As for "Gamal al-Banna, described by the BBC as "an Islamic thinker and brother of the founder of the Egyptian Muslim Brotherhood" ... well, I wouldn't take anything he says at face value. The BBC may be unaware of what the Muslim Brotherhood is - although, if so, it bespeaks volumes about the BBC's casual attitude and lack of professionalism.
But don't take my word:
"Muslim Brotherhood" site:.jihadwatch.org
Two points to put this in context.
First, there is a General Election on the way. The Berlusconi government is losing (very deservedly), and this looks to me like an attempt from the more intelligent parts of the Berlusconi coalition to fit the opposition with a "supporters of Muslims and persecutors" cap, which I have to say seems to fit. The Berlusconi coalition stinks on ice, but the opposition is not any better. Personally, I despair of Italian politicians. But the Italian public, thanks to the Church, is rather more aware of the persecution of Christians in Muslim countries than you'd expect, and clearly the Berlusconites think there are votes to be won in defending them.
Second, in Italy, as in all free countries, the judiciary is independent. That is actually a big peeve of Mr.Berlusconi, who, being a crook, finds it unfair that judges should take exception to his crooked activities. But if he has not yet succeeded to destroy the independence of the judiciary, nobody else will. As those familiar with America's Ninth Federal Circuit know, judicial independence has its risks. But only tyrannies subject judges to the orders of the government. It was a judge - admittedly a stupid one - who accepted the vexatious lawsuit against Ms.Fallaci. Therefore anyone who asks the Italian government to stop that harassment is going to see the letter come back marked "sorry, wrong address".
I read on Michelle Malkin's site that Abdul left the jail in the company of his family, the same family that turned him in for his conversion. Not good. He is in a catch-22. If he surfaces in another country with asylum to let the world see he's okay (and give the islamic world the proverbial finger), he will continue to be hunted. If he is never seen again, the world couldn't hold his escape from all aspects of islam as a triumph for freedom. On a sad note, if he is killed, I think islamists would parade his defiled body around.
Maybe there is some hope.
God speed, Abdul.
I'm not sure he would be safe there. Dosn't Italy have quite a large population of mozzies.
...from one Abdelmouti Bayoumi:
"An apostate in this perspective is a traitor. He is punished, not for what he believes in, but for what he does and which could be harmful to the interests of the state."
Ah! Turnabout is fair play! By this definition any Moslem contravening the law of the land is acting in a manner harmful to the interests of the state. Such an individual is a de facto traitor.
I fear only that the public will become blase to such dissembling and hypocrisy.
"They should take him to live on an Aircraft Carrier"
Patriot 2,
That is the best damn suggestion I have heard.
We should put Abdul there as well as Arabic reading Jews and other certifiable apostates and have them translate all the intellegence memos, wiretaps, and communiques we just can't find the time or personnel to delve into them as well as all those papers seized from Iraq when Saddaam's reign was ended.