Apostasy and blasphemy have been at the forefront of the news from the Muslim world in too many instances over the past few years.[712]
To outside observers, it appears that Muslims are constantly on the lookout for blasphemers and apostates. Indeed, a Pew Research Center survey found widespread support for the death penalty as a punishment for apostasy in a number of Muslim countries including Egypt (86 per cent), Jordan (82 per cent), Afghanistan (79 per cent), Pakistan (76 per cent), Malaysia (62 per cent) and the Palestinian Territories (66 per cent).[713] Similar intolerance is evident in the context of blasphemy, with almost 70 per cent of nations in the Middle East and North Africa criminalizing blasphemy.[714]
Consistent with such a narrow religious, social and legal worldview, alleged apostates, blasphemers and even their defenders or advocates are harassed, maimed and sometimes killed with impunity.[715] Many jurisdictions that have witnessed death, destruction, persecution, mayhem and abuse in the name of defending religious sensibilities have done very little, if anything, to punish such vigilantism.
On the contrary, in some of these nations, legislation, policies and practices appear to tolerate if not encourage mob justice. Based on observing the facts on the ground, it would not be far-fetched to conclude that Islam sanctions severe restrictions on free expression and imposes cruel and unusual penalties for blasphemy and apostasy, at least from a modern human rights-oriented perspective. The reality is much more nuanced. In this chapter, I highlight the growing chorus who argue that these laws and practices are antithetical to the Qur’anic view of freedom of expression and religious liberty.This chapter analyses the disconnect between the ground realities, the more forgiving outlook of the Qur’an and the more sophisticated and nuanced approach advocated by certain iterations of fiqh, some of which are contemporary but are rooted in historical practice or precedent.[716] The chapter argues that the Qur’an, and the thrust and spirit of prophetic teachings, supports the protection of human dignity by, inter alia, guaranteeing the right to freedom of expression and religious liberty. This chapter also argues that this tolerant outlook was narrowed over the course of history through the imposition of limitations to address particular political and social exigencies that were specific to the historical context.
Part 1 provides an overview of the Pakistani blasphemy laws and their misuse, and a discussion of references to the Qur’an and prophetic practices and teachings. Part II explores the Malaysian context around the issue of apostasy and offers an Islamic critique. In Part III, the chapter provides some parting thoughts and recommendations to reconcile the ground realities with the broader Qur’anic vision. The chapter then concludes. In essence, this piece posits that, while the Qur’an protects these fundamental rights, most iterations of fiqh and societal practices over time restricted the scope of these freedoms in the interest of advancing certain immediate policy objectives.[717] These decontextualized rulings are now being relied upon and used by various factions and stakeholders to advance their own goals and ostensibly to respond to what is perceived as a global attack on Muslims, Islam and its symbols.I.