Free Silenced: How Apostasy and Blasphemy Codes Are Choking Freedom Worldwide by Paul Marshall, Nina Shea

discourse, even some more traditionalist Muslims have developed what they consider to be “Muslim” human rights documents. These are generally modeled on the UDHR or similar human rights instruments but use Islamic ideas and terminology.
    The political background of the prophetic and post-prophetic period against which the classical Islamic law of apostasy was formulated played a significant role in the development of this law and associated restrictions on freedom of religion. In the political context of the Prophet’s time, a person either belonged to the community of believers (Muslims), the unbelievers (non-Muslims) who were at peace with Muslims, or the unbelievers who were at war with Muslims. If one leaves Islam and the Muslims and their allies, there is no option but to join the opposition. An apostate, therefore, was perceived to have automatically joined the non-Muslim side, becoming part of the enemy ranks and using apostasy as a means to attack and inflict maximum harm on the Muslim community. Thus the question of apostasy in early Islamic history was closely associated with the safety and security of the Muslims. Apostates were deemed a serious social and political threat to the whole community.
    The punishment for apostasy—based on texts such as the hadith, “If anyone changes his religion, kill him” 2 —came about within this sociopolitical context. The person referred to in the hadith was a
muharib
or someone who was in a state of war against Muslims. Under classical Islamic law anyone who was engaged in war against Muslims could be put to death. 3 Thus one could argue that in early Muslim reasoning, apostasy was more akin to treason, rather than a matter of simply changing one’s belief. The death sentence therefore was punishment for committing a serious political crime.
    The years following the death of the Prophet Muhammad were also marked by a great deal of social and political tension in the body politic of the Muslim community. This also influenced early conceptions of apostasy and related offences, such as blasphemy and heresy. Problems developed among Muslims that were not simply about political leadership of the community but also about what and who represented religious authority. As the Muslim caliphate expanded and Muslims came into contact with customs, traditions, and practices from outside of Arabia, debates arose as to what was acceptable in Islam, who should be the legitimate political authority, and even who was a Muslim. Some Muslimsremained politically neutral in these disputes, while others were eager to take sides. It was in this context that several groups with specific theological or religio-political orientations began to emerge in Arabia, Syria, and Iraq. Such groups included the Kharijis, the Shia, the Qadaris (supporters of free will), and the Jabris (supporters of predestination). Their divisions continued to create tension and conflict within the body politic of the Muslim community.
    State involvement in theological matters also began relatively early in Islam, particularly in the Abbasid period (750–1258 CE), which succeeded in wreaking further havoc within the Muslim community. Some rulers played a major role in reducing the scope available for discussion and debate on theological issues when certain views clashed with the state ideology. A good example of this is the Abbasid caliph al-Ma’mun (d. 833). Freedom of belief for Muslims became severely curtailed when those who did not conform to state-adopted theological positions had to flee their towns, remain in hiding, or face torture and persecution, while being branded heretics or blasphemers.
    It is important to note the high degree of fluidity and diversity in the understanding of what constitutes apostasy in the course of the development of apostasy laws. This state of affairs has been used by political and religious figures throughout history and up through the present day to control, oppress, persecute, and