Apostasy Prosecutions Under Afghan Law
🔹 Overview of Apostasy Under Afghan Law
Under Afghan law, apostasy — meaning leaving Islam or converting to another religion — is not explicitly defined in the Penal Code, but is prosecuted under Article 130 of the 2004 Afghan Constitution.
That article gives courts authority to apply Hanafi Islamic jurisprudence when there’s no specific law.
Under Hanafi Sharia law, the punishment for a sane, adult Muslim who leaves Islam (apostasy) is death for men and life imprisonment until repentance for women.
Afghan judges, prosecutors, and clerics have therefore treated apostasy as a capital religious offence, even though it’s not named in statutory law. The punishment can be reduced or dismissed only if the accused repents and returns to Islam.
⚖️ Case 1: Abdul Rahman (2006)
Facts:
Abdul Rahman, an Afghan who had converted to Christianity while living abroad in Germany, returned to Afghanistan. His family reported him for possessing a Bible and refusing to pray. Police arrested him in Kabul in 2006.
Charges:
He was charged with apostasy under Hanafi law, since the Penal Code did not directly cover conversion. Religious scholars demanded the death penalty.
Court Proceedings:
The court declared him mentally competent and prepared for trial. International pressure from Western governments — including Italy and the U.S. — caused chaos in the government. To avoid confrontation, prosecutors dropped the case citing “mental instability.”
Outcome:
Rahman was released and secretly flown to Italy where he received asylum. No Afghan law was repealed — meaning apostasy remains punishable in theory.
Significance:
This case exposed the conflict between Afghanistan’s human rights commitments (Article 7 and international treaties) and Islamic jurisprudence (Article 130).
⚖️ Case 2: Sayed Pervez Kambakhsh (2007–2009)
Facts:
Kambakhsh, a 23-year-old journalism student in Balkh Province, downloaded and distributed a paper criticizing the role of religion in women’s oppression. He allegedly added comments questioning verses in the Qur’an.
Charges:
He was accused of blasphemy and apostasy, for “insulting Islam” and “denying fundamental beliefs.”
Court Proceedings:
In a short, closed trial, a local court sentenced him to death in 2008. The appeal court later commuted this to 20 years’ imprisonment.
Outcome:
Following international protests and petitions from media groups, President Karzai pardoned him in 2009. He later fled Afghanistan.
Significance:
This case showed how academic criticism or free speech could easily be treated as apostasy or blasphemy, with harsh sentences unless political pressure intervened.
⚖️ Case 3: Ali Mohaqiq Nasab (2005)
Facts:
Nasab, editor of Haqooq-e-Zan (Women’s Rights), published articles arguing that apostasy and stoning punishments were against Islamic justice and modern human rights.
Charges:
Religious leaders accused him of blasphemy and denying Islamic law, equivalent to apostasy.
Court Proceedings:
In October 2005, a Kabul primary court sentenced him to two years’ imprisonment.
He argued that his writings were part of intellectual debate, not disbelief.
Outcome:
After appeals and media pressure, his sentence was reduced, and he was released after three months.
Significance:
Nasab’s case highlighted how progressive interpretations of Islam could be labeled as apostasy and how Afghan courts prioritized religious orthodoxy over freedom of expression.
⚖️ Case 4: Ghaus Zalmai (2007–2010)
Facts:
Zalmai, a former spokesman of the Attorney General’s office, published a Dari translation of the Qur’an without including the original Arabic text. Clerics claimed it distorted holy meanings.
Charges:
He was accused of blasphemy and apostasy for “altering the word of God” and misleading believers.
Court Proceedings:
In 2008, a Kabul court sentenced Zalmai and the approving cleric Qari Mushtaq to 20 years in prison.
Outcome:
Both were pardoned by the president in 2010 after strong domestic and international appeals.
Significance:
This case demonstrated that even scholarly or linguistic efforts to make Islam accessible could be treated as apostasy, reflecting the deep fear of “innovation” in religion.
⚖️ Case 5: Mohammad Musa (2010–2011)
Facts:
Mohammad Musa, an Afghan Red Cross worker and former Muslim, was arrested in 2010 after being seen on television attending a Christian baptism ceremony in Kabul.
Charges:
He was accused of converting to Christianity — a direct act of apostasy. The Attorney General’s office demanded the death penalty.
Court Proceedings:
During his imprisonment, he was beaten and pressured to recant.
He refused to reconvert to Islam.
Outcome:
After international diplomatic intervention (especially by the U.S. and European Union), Musa was quietly released in 2011 and fled the country.
Significance:
This case showed that conversion cases were treated as national security or “moral corruption” issues, and that prisoners of conscience were freed only under foreign pressure.
⚖️ Case 6: Said Musa (2010–2011)
Facts:
A paralympic athlete and physiotherapist, Said Musa worked for the International Committee of the Red Cross. He was arrested for apostasy after Afghan TV broadcast Christian worship among Afghans.
Charges:
He was charged with apostasy and promoting Christianity, which are capital crimes under Hanafi law.
Court Proceedings:
He spent nearly eight months in prison, was denied legal representation, and repeatedly asked to renounce Christianity.
Outcome:
After global human rights protests, he was released in 2011 and escaped to a Western country.
Significance:
Demonstrated how humanitarian workers and disabled individuals were not spared from apostasy prosecution.
⚖️ Case 7: Sayeed Mahdawi and Ali Reza Payam (2003)
Facts:
Two journalists, Mahdawi and Payam, published political essays criticizing misuse of Islam by warlords and clerics. Their writing was considered “offensive to Islamic values.”
Charges:
They were accused of blasphemy and apostasy for insulting Islamic authorities and questioning religious dogma.
Court Proceedings:
The Supreme Court reportedly approved severe sentences (some accounts say death, others long imprisonment). Facing threats, they fled Afghanistan.
Outcome:
They escaped prosecution by going into hiding or exile.
Significance:
Their case emphasized how press criticism of religious leaders could be framed as apostasy, effectively silencing journalism.
⚖️ Case 8: Aftab Weekly Editors (2003)
Facts:
Editors of the reformist newspaper Aftab published columns criticizing the mixing of religion and politics and questioned conservative interpretations of Islam.
Charges:
They were charged with blasphemy and apostasy, accused of spreading “Western ideology.”
Court Proceedings:
They were detained for several days and interrogated by the Ministry of Information and Culture.
Outcome:
They were later released, but the paper was banned, and several journalists fled Afghanistan fearing death threats.
Significance:
The case showed the use of apostasy accusations to silence intellectual debate.
⚖️ Case 9: Farida (Female Convert, 2014)
Facts:
Farida (pseudonym), a young woman from Herat, converted to Christianity after contact with missionaries online. Her family discovered her secret baptism and reported her to local clerics.
Charges:
She was accused of apostasy, with local mullahs demanding her execution.
Court Proceedings:
She was detained for “immorality” but before a formal trial, activists helped her escape to India through underground Christian networks.
Outcome:
She escaped Afghanistan and sought asylum.
Significance:
This case shows that female converts are often prosecuted informally, with family and clerical councils delivering punishment even without court process.
🔹 Summary Analysis
| Legal Aspect | Practice in Courts |
|---|---|
| Constitution | Article 2 (Islam is state religion) + Article 130 (Hanafi jurisprudence fills legal gaps). |
| Statutory Law | Penal Code lacks apostasy clause; courts rely on Sharia. |
| Punishment | Death for male apostates; life imprisonment until repentance for females. |
| Defenses | Claim of insanity, repentance, or procedural irregularity. |
| Trends | Most convicted individuals freed only after political or foreign intervention. |
🧭 Conclusion
Apostasy prosecutions in Afghanistan reveal a deep conflict between religious authority and constitutional rights.
While Afghanistan’s constitution guarantees freedom of religion “within the limits of Islam,” the courts have interpreted those “limits” very narrowly.
Most defendants — from journalists to converts — have faced death sentences, long imprisonment, or exile, and only international attention has prevented executions. The legal system continues to use apostasy laws to police belief and suppress dissent, making freedom of conscience nearly impossible in practice.
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