Debate on freedom of religion as a human right takes place not only in the Western world but also in Muslim communities throughout the world. For Muslims concerned for this freedom, one of the major difficulties is the 'punishment for apostasy' - death for those who desert Islam. This book argues that the law of apostasy and its punishment by death in Islamic law is untenable in the modern period. Apostasy conflicts with a variety of foundation texts of Islam and with the current ethos of human rights, in particular the freedom to choose one's religion. Demonstrating the early development of the law of apostasy as largely a religio-political tool, the authors show the diversity of opinion among early Muslims on the punishment, highlighting the substantial ambiguities about what constitutes apostasy, the problematic nature of some of the key textual evidence on which the punishment of apostasy is based, and the neglect of a vast amount of clear Qur'anic texts in favour of freedom of religion in the construction of the law of apostasy. Examining the significant challenges the punishment of apostasy faces in the modern period inside and outside Muslim communities - exploring in particular how apostasy and its punishment is dealt with in a multi-religious Muslim majority country, Malaysia, and the challenges and difficulties it faces there - the authors discuss arguments by prominent Muslims today for an absolute freedom of religion and for discarding the punishment of apostasy.

In Christine Schirrmacher's postdoctoral thesis, for the first time one finds reviews of original voices coming from Islamic theology on the topic of religious freedom and apostasy. Arabic, English, French, and Urdu texts have been translated and analyzed and thus made accessible. There are basically three positions which are defended on falling away from the Islamic faith: Complete advocacy of religious freedom, the complete denial of religious freedom with a call for the immediate application of the death penalty for apostates, and the centrist position. The centrist position, however, which allows inner freedom of thought and warns against premature persecution, calls for the death penalty in the case of open apostasy (e.g., in the case of conversion to another faith). Within established Islamic theology, the latter approach is nowadays the most frequent point of view found. These three main positions on apostasy are introduced in this postdoctoral thesis by means of the publications of three influential 20th century theologians: Yusuf al-Qaradawi (b. 1926), Abdullah Saeed (b. 1960), and Abu l-A'la Maududi (1903-1979). They all have followings of many millions of people and have political influence at their disposal. The study explains why in many Muslim majority countries there is still today only very limited or sometimes no freedom of religion (in the sense of the Universal Declaration of Human Rights adopted by the United Nations in 1948) for converts, critical intellectuals, artists and progressive Quranic studies specialists, journalists and secularists, agnostics and confessing atheists, enlightened thinkers, women's rights and human rights activists as well as adherents of non-recognized minorities.

It is an established fact that the Prophet never, in his entire life, put an apostate to death. Yet, the issue remains one of the most controversial to have afflicted the Muslim world down the centuries. It is also the source of much damaging media coverage today as Islamic jurisprudence stands accused of a flagrant disregard for human rights and freedom of expression. The subject of this book is a highly sensitive and important one. The author rightly concentrates on evidence, to examine the historical origins of the debate in rigorous detail, as well as the many moral and contextual issues surrounding it. Disputing arguments put forward by proponents of the death penalty he contends that both the Qur’an and the Sunnah promote freedom of belief including the act of exiting the Faith and do not support capital punishment for the sin of al-riddah. Note that attention is on the word sin, for there is qualification: as long as one’s apostasy has not been accompanied by anything else that would be deemed a criminal act, particularly in terms of national security, then according to the author, it remains a matter strictly between God and the individual. Of interest is the fact that the Qur’an significantly refers to individuals repeatedly returning to unbelief after having believed, but does not mention that they should be killed or punished. This work has been written at a time of great complexity and vulnerability when a true understanding of the higher intents and values of the Qur’an and the Sunnah, maqasid al-shariah, is sorely needed. The author employs a strong evidence-based approach examining in detail the Qur’an and authentic Hadith, taking into consideration traditional approaches to the study of the Islamic textual sciences and other fields of knowledge, as well as analyzing scholastic interpretation. Taking the life of a person without just cause is according to the Qur’an equivalent to the killing of the whole of mankind. It is vital therefore, that in the interests of compassion and justice, as well as freedom of belief, this subject is clearly addressed once and for all.

A fascinating journey into Islam's diverse history of ideas, making an argument for an "Islamic Enlightenment" today In Reopening Muslim Minds, Mustafa Akyol, senior fellow at the Cato Institute and opinion writer for The New York Times, both diagnoses “the crisis of Islam” in the modern world, and offers a way forward. Diving deeply into Islamic theology, and also sharing lessons from his own life story, he reveals how Muslims lost the universalism that made them a great civilization in their earlier centuries. He especially demonstrates how values often associated with Western Enlightenment — freedom, reason, tolerance, and an appreciation of science — had Islamic counterparts, which sadly were cast aside in favor of more dogmatic views, often for political ends. Elucidating complex ideas with engaging prose and storytelling, Reopening Muslim Minds borrows lost visions from medieval Muslim thinkers such as Ibn Rushd (aka Averroes), to offer a new Muslim worldview on a range of sensitive issues: human rights, equality for women, freedom of religion, or freedom from religion. While frankly acknowledging the problems in the world of Islam today, Akyol offers a clear and hopeful vision for its future.

A candid appraisal of the challenges and consequences of leaving Islam

Since at least the attacks of September 11, 2001, one of the most pressing political questions of the age has been whether Islam is hostile to religious freedom. Daniel Philpott examines conditions on the ground in forty-seven Muslim-majority countries today and offers an honest, clear-eyed answer to this urgent question. It is not, however, a simple answer. From a satellite view, the Muslim world looks unfree. But, Philpott shows, the truth is much more complex. Some one-fourth of Muslim-majority countries are in fact religiously free. Of the other countries, about forty percent are governed not by Islamists but by a hostile secularism imported from the West, while the other sixty percent are Islamist. The picture that emerges is both honest and hopeful. Yes, most Muslim-majority countries are lacking in religious freedom. But, Philpott argues, the Islamic tradition carries within it "seeds of freedom," and he offers guidance for how to cultivate those seeds in order to expand religious freedom in the Muslim world and the world at large. It is an urgent project. Religious freedom promotes goods like democracy and the advancement of women that are lacking in the Muslim-majority world and reduces ills like civil war, terrorism, and violence. Further, religious freedom is simply a matter of justice--not an exclusively Western value, but rather a universal right rooted in human nature. Its realization is critical to the aspirations of religious minorities and dissenters in Muslim countries, to Muslims living in non-Muslim countries or under secular dictatorships, and to relations between the West and the Muslim world. In this thoughtful book, Philpott seeks to establish a constructive middle ground in a fiery and long-lasting debate over Islam.

This book, by a former Chief Justice of Pakistan, examines each and every aspect of Islamic jurisprudence connected with the question of apostasy in a detailed manner. The post-9/11 'war on terror' has underscored the crucial importance of understanding the issue distinctly in its religious and political contexts. Hence, this study should be of interest to legislators, judges, members of the legal profession, Islamic educational institutions as well as intelligent lay readers.S.A. Rahman (1903-1979) did his MA from University of Punjab, BA Hons from Oxford University and PhD in Law from Cairo. He entered ICS (Indian Civil Service) in 1928 and after the partition served in various capacities in Pakistan. He was Vice Chancellor of the University of the Punjab from 1950-1952. He retired as the Chief Justice of the Supreme Court of Pakistan in 1969. He authored a number of Urdu books, among them Tarjuman-i-Asrar (versified Urdu translation of Iqbal's Asrar-i-Khudi) and Safar, a collection of Urdu poems.

Using the metaphor of ‘constitutional space’, this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. Addressing the issues surrounding the freedom of religion or belief, the book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom.

"The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts

This book advances an Islamic political philosophy based on the concept of Ihsan, which means to do beautiful things. The author moves beyond the dominant model of Islamic governance advanced by modern day Islamists. The political philosophy of Ihsan privileges process over structure, deeds over identity, love over law and mercy and forgiveness over retribution. The work invites Muslims to move away from thinking about the form of Islamic government and to strive to create a self-critical society that defends national virtue and generates institutions and practices that provide good governance.