For a few days this year the world's media focused an intense
spotlight on the drama of a modern-day inquisition. Abdul Rahman, a
Muslim convert to Christianity, narrowly escaped the death penalty
for apostasy when the Afghan government -- acting under enormous
international pressure -- sidestepped the issue by ruling that he
was insane and unfit to stand trial. This unsatisfactory ruling left
unanswered a question of enormous significance: Does Islam truly
require the death penalty for apostasy, and, if not, why is there so
little freedom of religion in the so-called Muslim world?
The
Koran and the sayings of the prophet Muhammad do not definitively
address this issue. In fact, during the early history of Islam, the
Agreement of Hudaibiyah between Muhammad and his rivals stipulated
that any Muslim who converted out of Islam would be allowed to
depart freely to join the non-Muslim community. Nevertheless,
throughout much of Islamic history, Muslim governments have embraced
an interpretation of Islamic law that imposes the death penalty for
apostasy.
It is vital that we differentiate between the Koran, from which
much of the raw material for producing Islamic law is derived, and
the law itself. While its revelatory inspiration is divine, Islamic
law is man-made and thus subject to human interpretation and
revision. For example, in the course of Islamic history, non-Muslims
have been allowed to enter Mecca and Medina. Since the time of the
caliphs, however, Islamic law has been interpreted to forbid
non-Muslims from entering these holy cities. The prohibition against
non-Muslims entering Mecca and Medina is thus politically motivated
and has no basis in the Koran or Islamic law
itself, except in so
far as the latter has been corrupted by political considerations.
In the case of Rahman, two key principles of Islamic
jurisprudence come into play. First, al-umuru bi maqashidiha
("Every problem [should be addressed] in accordance with its
purpose"). If a legal ordinance truly protects citizens, then it is
valid and may become law. From this perspective, Rahman did not
violate any law, Islamic or otherwise. Indeed, he should be
protected under Islamic law, rather than threatened with death or
imprisonment. The second key principle is al-hukm-u yaduru ma'a
illatihi wujudan wa 'adaman ("The law is formulated in accordance
with circumstances"). Not only can Islamic law be changed -- it must
be changed due to the ever-shifting circumstances of human life.
Rather than take at face value assertions by extremists that their
interpretation of Islamic law is eternal and unchanging, Muslims and
Westerners must reject these false claims and join in the struggle
to support a pluralistic and tolerant understanding of Islam.
All of humanity, whether Muslim or non-Muslim, is threatened by
the forces of Islamist extremism. It is these extremists,
masquerading as traditional Muslims, who angrily call for the death
of Abdul Rahman or the beheading of Danish cartoonists. Their
objective is raw political power and the eventual radicalization of
all 1.3 billion Muslims worldwide. Western involvement in this
"struggle for the soul of Islam" is a matter of self-preservation
for the West and is critical given the violent tactics and strength
of radical elements in Muslim societies worldwide.
Muslim theologians must revise their understanding of Islamic
law, and recognize that punishment for apostasy is merely the legacy
of historical circumstances and political calculations stretching
back to the early days of Islam. Such punishments run counter to the
clear Koranic injunction "Let there be no compulsion in religion"
(2:256).
People of goodwill of every faith and nation must unite to ensure
the triumph of religious freedom and of the "right" understanding of
Islam, to avert global catastrophe and spare others the fate of
Sudan's great religious and political leader, Mahmoud Muhammad Taha,
who was executed on a false charge of apostasy. The millions of
victims of "jihadist" violence in Sudan -- whose numbers continue to
rise every day -- would have been spared if Taha's vision of Islam
had triumphed instead of that of the extremists.
The greatest challenge facing the contemporary Muslim world is to
bring our limited, human understanding of Islamic law into harmony
with its divine spirit -- in order to reflect God's mercy and
compassion, and to bring the blessings of peace, justice and
tolerance to a suffering world.
The writer is a former president of Indonesia. From 1984 to
1999 he directed the Nahdlatul Ulama, the world's largest Muslim
organization. He serves as senior adviser and board member to
LibForAll Foundation, an Indonesian- and U.S.-based nonprofit that
works to reduce religious extremism and terrorism.