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Apostasy in Islam (Arabic: ارتداد, irtidād or ridda) is commonly defined as the rejection of Islam in word or deed by a person who has been a Muslim.

All five major schools of Islamic jurisprudence agree that a male apostate must be executed. A female apostate may be put to death, according to some schools, or imprisoned, according to others.

A few Shia jurists such as Grand Ayatollah Hossein-Ali Montazeri do not hold a reversion of belief in itself to constitute apostasy, but define apostasy as deserting Islam out of malice and enmity towards the Muslim community [1]. Some Sunni scholars share this view[2]. The minor sect of Quran Alone Muslims prescribe no worldly penalty for apostasy.

Qur'anic reference

The Qur'an states that God (in Arabic, Allah) despises apostasy. See verses 3:72, 3:90, 16:106, 4:137 and 5:54 which deal with apostasy directly and which do not prescribe any earthly punishment or death.

The relevant verses (as translated by Yusuf Ali) are:

* "But those who reject Faith after they accepted it, and then go on adding to their defiance of Faith,- never will their repentance be accepted; for they are those who have (of set purpose) gone astray. As to those who reject Faith, and die rejecting,- never would be accepted from any such as much gold as the earth contains, though they should offer it for ransom. For such is (in store) a penalty grievous, and they will find no helpers." (Sura 3:90-91)

* "Those who believe, then reject faith, then believe (again) and (again) reject faith, and go on increasing in unbelief,- Allah will not forgive them nor guide them on the way." (Sura 4:137)

* "A section of the People of the Book say: "Believe in the morning what is revealed to the believers, but reject it at the end of the day; perchance they may (themselves) Turn back... " (Sura 3:72)

* "Any one who, after accepting faith in Allah, utters Unbelief,- except under compulsion, his heart remaining firm in Faith - but such as open their breast to Unbelief, on them is Wrath from Allah, and theirs will be a dreadful Penalty. This because they love the life of this world better than the Hereafter... Without doubt, in the Hereafter they will perish." (Sura 19:106-109)

Based on these verses, Qur'an alone Muslims reject any legal or other human sanctions against apostates.

Islamic scholars such as Dr. Ahmad Shafaat believe that the death penalty for apostasy conflicts with Qur'an arguing that "the punishment for apostasy is not a detail that we can expect God to leave for ahadith, especially if that punishment is death..." and that "almost all the verses that refer to apostasy are found in surahs said to be belonging to the Madinan period when the Islamic state had been established and penalties for crimes could be prescribed and applied. Only 16:106-109 appears in a surah identified as Makkan."[3]

All punishment for apostasy comes from Hadiths. The Qur'an discusses apostacy in Suras 16:106, 2:90-91, and 2:217. No verse in the Qur'an explicitly prescribes an earthly penalty for apostasy.
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Hadith reference

The Hadith (the body of quotes attributed to Muhammad and claimed eyewitnesses' accounts of Muhammad's life and deeds) includes statements that some scholars see as supporting the death penalty for apostasy. Only those from Sahih Bukhari, which are considered reliable by most Muslims generally are given below:

* "Allah's Apostle said, The blood of a Muslim, who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases: In Qisas for murder, a married person who commits illegal sexual intercourse and the one who reverts from Islam (apostate) and leaves the Muslims." (Sahih Bukhari Vol. 9, book 83, number 17, narrated via Abdullah)

* Narrated 'Ikrima: 'Ali burnt some people and this news reached ibn 'Abbas, who said, "Had I been in his place I would not have burnt them, as the Prophet said, 'Don't punish (anybody) with Allah's Punishment.' No doubt, I would have killed them, for the Prophet said, 'If somebody (a Muslim) discards his religion, kill him.'" — Volume 4, Book 52, Chapter 149, Number 260. p. 160-161.

* The legal regulation concerning the male and the female who reverts from Islam (apostates). Ibn 'Umar, Az-Zuhri and Ibrahim said, "A female apostate (who reverts from Islam), should be killed. And the obliging of the reverters from Islam (apostates) to repent. Allah said: — 'How shall Allah guide a people who disbelieved after their belief and (after) they bore witness that the Apostle (Muhammad) was true, and that Clear Signs had come unto them? And Allah does not guide the wrong-doing people. As for such the reward is that on them (rests) the curse of Allah, the Angels, and of all mankind. They will abide there-in (Hell). Neither will their torment be lightened nor it will be postponed (for a while). Except for those that repent after that and make amends. Verily Allah is Oft-Forgiving, Most Merciful. Surely those who disbelieved after their belief, and go on adding to their defiance of faith, never will their repentance be accepted, and they are those who have gone astray.' (Sura 3:86-90) — Volume 9, Book 84, Chapter 2, p. 42-43.

* 57. Narrated 'Ikrima: Some Zanadiqa (atheists) were brought to 'Ali and he burnt them. The news of this event, reached Ibn 'Abbas who said, "If I had been in his place, I would not have burnt them, as Allah's Apostle forbade it, saying, 'Do not punish anybody with Allah's punishment (fire).' I would have killed them according to the statement of Allah's Apostle, 'Whoever changed his Islamic religion, then kill him.'" — Volume 9, Book 84, Chapter 2, Number 57, page 45

* 58. Narrated Abu Burda: Abu Musa said, "I came to the Prophet along with two men (from the tribe) of Ash'ariyin, one on my right and the other on my left, while Allah's Apostle was brushing his teeth (with a Siwak), and both men asked him for some employment. The Prophet said, 'O Abu Musa (O 'Abdullah bin Qais!).' I said, 'By Him Who sent you with the Truth, these two men did not tell me what was in their hearts and I did not feel (realize) that they were seeking employment.' As if I were looking now at his Siwak being drawn to a corner under his lips, and he said, 'We never (or, we do not) appoint for our affairs anyone who seeks to be employed. But O Abu Musa! (or 'Abdullah bin Qais!) Go to Yemen.'" The Prophet then sent Mu'adh bin Jabal after him and when Mu'adh reached him, he spread out a cushion for him and requested him to get down (and sit on the cushion). Behold: There was a fettered man beside Abu Musa. Mu'adh asked, "Who is this (man)?" Abu Muisa said, "He was a Jew and became a Muslim and then reverted back to Judaism." Then Abu Musa requested Mu'adh to sit down but Mu'adh said, "I will not sit down till he has been killed. This is the judgment of Allah and His Apostle (for such cases) and repeated it thrice. Then Abu Musa ordered that the man be killed, and he was killed. Abu Musa added, "Then we discussed the night prayers and one of us said, 'I pray and sleep, and I hope that Allah will reward me for my sleep as well as for my prayers.'" — Volume 9, Book 84, Chapter 2, Number 58, p. 45-46.

* 271. Narrated Abu Musa: A man embraced Islam and then reverted back to Judaism. Mu'adh bin Jabal came and saw the man with Abu Musa. Mu'adh asked, "What is wrong with this (man)?" Abu Musa replied, "He embraced Islam and then reverted back to Judaism." Mu'adh said, "I will not sit down unless you kill him (as it is) the verdict of Allah and His Apostle. — Volume 9, Book 89, Chapter 12, Number 271, p. 201.

The above hadeeth have been quoted from Al-Bukhari, The Translation of the Meaning of Sahih Al-Bukhari, Translated by M.M. Khan, Dar AHYA Us-Sunnah, Al Nabawiya, (Arabic & English), vol. 4 and 9.

References to additional hadith, that have been labeled Sahih by Sunni, from other Imams on the punishment of death for apostasy are:

* Sahih Muslim: Kitab Al-Qasama Chapter DCLXXIII When it is permissible to take the life of a Muslim

4152-4155, 898-900; Kitab Al-Imara Chapter DCCLVI, Number 4490, p. 1015 from Muslim, Imam, Sahih Muslim: Being Traditions of the Sayings and Doings of the Prophet Muhammad as Narrated by His Companions and compiled under the Title Al-Jami'-Us-Sahih, Translated by 'Abdul H. Siddiqi, Vol. III.

* Sunan Abu Dawud: 4337 through 4341 from Dawud, Imam Abu, Sunan Abu Dawud: English Translations with Explanatory Notes by Prof. Ahmad Hasan, Sh. Muhamad Ashraf Publications, Lahore, Pakistan, First Edition 1984 (Reprinted 1996), Vol. III, Book XXXIII, Chapter 1605, p. 1212-1214

* Sunan Ibn-I-Majah: # 2533,2534,2535 in Chapter No. 1 of Book of prescribed punishments. Ibn-I-Maja Al-Qazwini, Imam Abu Abdullah Muhammad B. Yazid, Sunan Ibn-I-Majah, Translated by Muhammad Tufail Ansari, Kazi Publications, Lahore, Pakistan, 1993, vol. IV.

According to Tafsir

More recently, Sayyid Abul Ala Maududi, a noted controversial 20th century Islamic Scholar, argued that Sura 9 verses 11 and 12 of the Qur'an sanction death for apostasy. The argument given by Mawdudi [4] for these verses is:

"The following is the occasion for the revelation of this verse: During the pilgrimage (hajj) in A.H. 9 God Most High ordered a proclamation of an immunity. By virtue of this proclamation all those who, up to that time, were fighting against God and His Apostle and were attempting to obstruct the way of God's religion through all kinds of excesses and false covenants, were granted from that time a maximum respite of four months. During this period they were to ponder their own situation. If they wanted to accept Islam, they could accept it and they would be forgiven. If they wanted to leave the country, they could leave. Within this fixed period nothing would hinder them from leaving. Thereafter those remaining, who would neither accept Islam nor leave the country, would be dealt with by the sword." In this connection it was said: "If they repent and uphold the practice of prayer and almsgiving, then they are your brothers in religion. If after this, however, they break their covenant, then war should be waged against the leaders of kufr (infidelity). Here "covenant breaking" in no way can be construed to mean "breaking of political covenants". Rather, the context clearly determines its meaning to be "confessing Islam and then renouncing it". Thereafter the meaning of "fight the heads of disbelief" (9:11,12) can only mean that war should be waged against the leaders instigating apostasy."

Mawdudi's interpretation is supported by other Muslim writers. For example, Afzal ur-Rahman in Muhammad, Blessing for Mankind, Seerah Foundation, London, Revised Second Edition, 1988, p. 218 under "Apostasy" states: "People who turn away from Islam and do not repent but wage war and create mischief in the land are also considered as murderers. "But if they break their oaths after making compacts and taunt you for your faith, you should fight with these ringleaders of disbelief because their oaths are not trustworthy: it may be that the sword alone will restrain them" (9:12). And in Surah Al-Nahl, "But whosoever accepts disbelief willingly, he incurs God's Wrath, and there is severe torment for all such people" (16:106)"

However, there are also some scholars that reject Mawdudi's interpretation. S. A. Rahman in ( Punishment of Apostasy in Islam, Institute of Islamic Culture, Lahore, l972, pp. 10-13 ) concluded "that not only is there no punishment for apostasy provided in the Book but that the Word of God clearly envisages the natural death of the apostate. He will be punished only in the Hereafter...." (p. 54)

He continues and says that there is no reference to the death penalty in any of the 20 instances of apostasy mentioned in the Qur'an.

In his book on Punishment of Apostasy in Islam, Rahman declares the verse 2:256 to be "one of the most important verses of the Qur'an, containing a charter of freedom of conscience unparalleled in the religious annals of mankind . . .". He goes on to criticize the attempts by Muslim scholars over the ages to narrow its broad humanistic meaning and impose limits on its scope in their attempts to reconcile it with their interpretations of Muhammad's Sunna. However, Maqaalaat li'l-Shaykh Ibn Baaz [1] rejects the idea that 2:256 deals with apostacy, and claims that it only applied to non-Muslim dhimmis who were paying their jizya, and that it was subsequently abrogated.

What constitutes apostasy in Islam

Regarding monotheism and polytheism

* A public declaration or conduct that denies Islam, its beliefs, symbols or its principal actors such as statements as "I believe in gods other than Allah", or "Allah has a material form".

* Worshipping an idol.

* Denying the existence of Allah (atheism).

* Saying the world has always existed from eternity, in such a way that it denies the existence of Allah as a creator.

* Saying that the world is everlasting and without end, in such a way that it could be interpreted as a denial of resurrection.

* Believing in reincarnation into this world, in such a way that it could be interpreted as a denial of resurrection.

Regarding prophethood of Muhammad

* Rejecting Muhammad's claim to be a prophet, or denying the concept of prophethood.

* Implying that one can become a prophet through spiritual exercise, since that would imply the possibility of a prophet after Muhammad.

* Saying that there were prophets after Muhammad.

* Cursing Muhammad.

* Questioning the perfection of Muhammad's knowledge or defaming his character, morals, virtues, or faith.

Regarding beliefs

* Any clearly blasphemous action, such as burning the Qur'an out of contempt, and every manner of soiling it out of contempt or hatred. The same may also apply to the Hadiths books.

* Contradicting the positions that are upheld by a consensus (ijma) of Muslim scholars (ulema), such as saying that prayers or fasting are not obligatory, or that the prohibition of adultery does not have to be followed. Not following these doctrines does not make one an apostate, but saying they need not be followed does.

In Islamic society apostasy must be determined by the testimony of two adult Muslim witnesses, in respectable standing, whose accounts agree. Also, any death penalty case has to be determined by the testimony of four adult Muslim witnesses, in respectable standing, whose accounts agree, for the execution to occur.

See also: Apostasy in Shafi tradition

Punishment for apostasy
Legal opinion on apostasy by a Fatwa committee concerning the case of a man who converted to Christianity: "Since he left the Islam, he will be invited to express his regret. If he does not regret, he will be killed pertaining to rights and obligations of the Islamic law."
Enlarge
Legal opinion on apostasy by a Fatwa committee concerning the case of a man who converted to Christianity: "Since he left the Islam, he will be invited to express his regret. If he does not regret, he will be killed pertaining to rights and obligations of the Islamic law."

In Islamic law (sharia), the consensus view is that a male apostate must be put to death unless he suffers from a mental disorder or converted under duress, for example, due to an imminent danger of being killed. A female apostate must be either executed, according to Shafi'i, Maliki, and Hanbali schools of Sunni Islamic jurisprudence (fiqh), or imprisoned until she reverts to Islam as advocated by the Sunni Hanafi school and by Shi'a scholars.[5]

Some modern Islamic writers, especially those belonging to the Ahmadiyya sect the followers of which are deemed to be non-Muslims in many Muslim countries, have attempted to prove that the death penalty for an apostate is not mandatory in Islam. [5] S. A. Rahman, a former Chief justice of Pakistan, argues that there is no indication of the death penalty in the Qur'an.[6] Abdullah Saeed and Hassan Saeed argue that the law of apostasy and its punishment by death in Islamic law conflicts with a variety of fundamentals of Islam. They contend that the early development of the law of apostasy was essentially a religio-political tool, and that there was a large diversity of opinion among early Muslims on the punishment.[7] Such views, however, are rejected by mainstream Muslim scholars.[5]

Most Islamic scholars agree that the appropriate punishment for apostasy is beheading. However, according to hadith, apostates sometimes were tortured to death. The caliph Umar II had apostates tied to a post and a lance thrust into their hearts. Mamluk sultan Baybars II also practiced torture of apostates. A case is recorded when a woman who had apostatised was led through the streets of Cairo on an ***, then strangled in a boat in the middle of the Nile and thrown into the river. In modern times, followers of the Ahmadiyya sect in Afghanistan were stoned to death. The execution for aposatasy was abolished in most Muslim lands in the 19th century either through European pressure or through the direct European rule; however, cases of imprisonment and deportation of apostates still occurred. Nevertheless, even nowadays renegades are not sure of their lives, as their Muslim relatives frequently try to kill them.[5]

Ideally, the one performing the execution of an apostate must be an imam.[5] At the same time, all schools of Islamic jurisprudence agree that any Muslim can kill an apostate without punishment.[8]

Most countries of the Middle East and North Africa maintain a dual system of secular courts and religious courts, in which the religious courts mainly regulate marriage and inheritance. Saudi Arabia and Iran maintain religious courts for all aspects of jurisprudence, and religious police assert social compliance. Sharia is also used in Sudan, Libya and Afghanistan. Some states in northern Nigeria have reintroduced Sharia courts. In practice the new Sharia courts in Nigeria have most often meant the re-introduction of relatively harsh punishments without respecting the much tougher rules of evidence and testimony. The punishments include amputation of one/both hand(s) for theft, stoning for adultery, and execution for apostasy. Many Western views consider the punishments described above as harsh, but Islamic scholars argue, that if implemented properly, these punishments will serve as a deterrent to crime. In 1980, Pakistan, under the leadership of President Zia-ul-Haq, the Federal Shariat Court was created and given jurisdiction to examine any existing law to ensure it was not repugnant to Islam [1] and in its early acts it passed ordinances included five that explicitly targeted religious minorities: a law against blasphemy; a law punishing the defiling of the Qur'an; a prohibition against insulting the wives, family, or companions of the Prophet of Islam; and two laws specifically restricting the activities of Ahmadis, who were declared non-Muslims.

Under traditional Islamic law (according to Abdurrahmani'l-Djaziri's Kitabul'l-fiqh 'ala'l-madhahibi'l-'arba'a i.e Apostasy in Islam according to the Four Schools of Islamic Law (Vol. 5, pp. 422-440) First English Edition (Villach): 1997) an apostate may be given up to three days while in incarceration to repent and accept Islam again and if not the apostate is to be killed without any reservations. There are difference between the four schools in the various details on how to deal with the various aspects of imposing the penalties with respect to the material property and holdings of the apostate and in the status and rights of the family of the apostate. A distinction is also made between "Murtad Fitri", an apostate who was born of Muslim parents, and "Murtad Milli", an apostate who had converted into Islam initially. Some additional penalties and considerations that are mentioned are that a divorce is automatic if either spouse apostatize, an under age apostate is imprisoned till he reaches maturity and then he is killed, and the recommended execution is beheading with a sword. As mentioned earlier that these are rarely ever carried out in toto at present as examples of Apostasy give below show and also underline the problem in harmonizing the constitutional law and Islamic law in the various countries.

In the period of the giant Islamic Caliphate, apostasy was considered treason, and was accordingly treated as a capital offense; death penalties were carried out under the authority of the Caliph, the most famous such incidents being the Martyrs of Cordoba. Today apostasy is punishable by death in the countries of Saudi Arabia, Qatar, Yemen, Iran, Sudan, Afghanistan and Mauritania. In Pakistan blasphemy is also punishable by death. Other punishments prescribed by Islamic law include the annulment of marriage with a Muslim spouse, the removal of children and the loss of all property and inheritance rights. The most prominent contemporary figure accused of apostasy (due to blasphemy) by individual scholars (including Ayatollah Khomeini, who was ruler of Iran at the time) was probably Salman Rushdie, for writing his book The Satanic Verses. However, this view has been rejected by some Muslim scholars both medieval (eg Sufyan al-Thawri) and modern (eg Hasan at-Turabi), who argue that the hadith in question should be taken to apply only to political betrayal of the Muslim community, rather than to apostasy in general [9]. These scholars argue for the freedom to convert to and from Islam without legal penalty, and consider the aforementioned Hadith quote as insufficient confirmation of harsh punishment; they regard apostasy as a serious crime, but undeserving of the death penalty.

According to the BBC[10], "An Afghan man who could have faced the death penalty for converting to Christianity has been freed from jail. Abdul Rahman was charged with rejecting Islam but his case was dismissed after he was deemed mentally unfit to stand trial."

Reasons for the death penalty

Sayyid Abul Ala Maududi who summarizes what he sees as the most likely objections by critics as such:

* This idea is against the freedom of conscience. How can it be right to offer an apostate the gallows when he has decided to leave Islam?
* A faith which people maintain because of the fear of death cannot be genuine faith. This faith will be manifestly hypocritically chosen to deceive in order to save one's life.
* If all religions approve of execution for apostasy, it will be difficult not only for Muslims to embrace another religion but also for non-Muslims to embrace Islam.
* It is contradictory to say on one hand "There is no compulsion in religion (Qur'an 2:256)" and "Whosoever will, let him believe and whosoever will, let him disbelieve (Qur'an 18:30)", and on the other to threaten to punish by death who renounces Islam and moves to reject Islam.

Maududi claims that the misunderstanding and criticism arises because of a "fundamental misconception" about Islam:

If Islam is truly a "religion" in the sense that religion is understood at present, surely it would be absurd to prescribe the penalty of execution for those people who wish to leave it because of their dissatisfaction with its principles.
It is not only a "religion" in the modern technical sense of that term but a complete order of life. It relates not only to the metaphysical but also to nature and everything in nature. It discourses not only on the salvation of life after death but also on the questions of prosperity, improvement and the true ordering of life before death.

Maududi also declares:

Whatever objections the critics pose regarding the punishment of the apostate, they make them bearing in mind only a single "religion" (madhhab). In contrast, when we present our arguments to demonstrate the validity of this punishment, we have in view no mere "religion" but a state which is constructed on a religion (din) and the authority of its principles rather than on the authority of a family, clan or people.

And since it is a state, Maududi declares it "has the right to protect its own existence by declaring those acts wrong which undermine its order", and proceeds to equate apostasy to treason. He then discusses the difference between a kaffir, a dhimmi, and the appropriateness of death for them if they apostatize after conversion, and for those born of Muslim parents he states:

In any case the heart of the matter is that children born of Muslim lineage will be considered Muslims and according to Islamic law the door of apostasy will never be opened to them. If anyone of them renounces Islam, he will be as deserving of execution as the person who has renounced kufr to become a Muslim and again has chosen the way of kufr. All the jurists of Islam agree with this decision. On this topic absolutely no difference exists among the experts of shari'ah.

Maududi considers the threat of execution as not forcing someone to stay within the fold of Islam, but as a way of keeping those who are not truly committed out of the community of Islam. Maududi rejects the third criticism because unlike other religions which are free to exchange believers, Islam is "on whose ideas and actions society and state are constructed" cannot allow "to keep open its door that would spell its own ruin, the scattering of its own structure's parts, the stripping away of the bonds of its own existence", and he compares this to the treason penalty on the books of the U.S. and Britain. Maududi also rejects the charge of contradiction. In his words:

"There is no compulsion in religion" (la ikraha fi'd din: Qur'an 2:256) means that we do not compel anyone to come into our religion.[2] And this is truly our practice. But we initially warn whoever would come and go back that this door is not open to come and go. Therefore anyone who comes should decide before coming that there is no going back.

Essentially the same arguments are sketched by the Shi'i Islamic author Sayyid Muhammad Rizvi in the brief article Apostacy (Irtidad) in Islam[11], relying upon the opinions of some of the earlier scholars of Islam.

Since the Muslims ascribing to the liberal movements within Islam disagree that death penalty is an appropriate punishment for Apostasy, it makes little sense for them to offer reasons justifying the death penalty.

According to critics

However, Ibn Warraq, in his article Apostasy and Human Rights, points out some earlier scholars of Islam who found support in the Qur'an for the death penalty for apostasy. He quotes al-Shafi (died 820 C.E.), the founder of one of the four orthodox schools of law of Sunni Islam that Sura 2:217 meant that the death penalty should be prescribed for apostates, and Al-Thalabi and Al-Khazan concurred, and states that Al-Razi in his commentary on 2:217 says an apostate should be killed. Ibn Warraq also quotes commentaries by Baydawi (died c. 1315-1316) on 4:89 as "Whosoever turns back from his belief (irtada), openly or secretly, take him and kill him wheresoever ye find him, like any other infidel". The Qur'an (4:89-90) reads:

"They wish if you disbelieve as they disbelieved so that you would be alike. So do not take from among them allies until they emigrate in the way of Allah. But if they turn back, seize them and kill them wherever you find them. And do not take from among them any ally or helper,"
"Except those who join a group between whom and you there is a treaty or those who come to you with hearts restraining them from fighting you or fighting their people. And if Allah had willed, surely He would have given them power over you, so that they would have taken arms against you. Therefore, if they keep away from you and cease their hostility and offer you peace, God bids you not to harm them".

Apostasy in the recent past

An accurate count of Muslims rejecting Islam is currently impossible to obtain because the ex-Muslims are very loath to reveal their apostasy even to friends and families for fear of retribution and retaliation even when they are living in the West. The greatest threat to apostates in the Muslim world derives from private individuals who take punishment into their own hands, and states which are complicit by their silence towards these individual crimes. An example among many is the case of a Bangladeshi Murtad Fitri Christian evangelist who was stabbed while returning home from a film version of the Gospel of Luke ("When Muslims Convert", by Daveed Gartenstein-Ross, Friday, March 04, 2005, Commentary magazine, 2005). Bangladesh does not have a law against apostasy, but someone killed the man. There are reports of 200,000 Muslims who have turned away from Islam in Great Britain alone, [12], and facing abuse, violence, and even murder at the hands of their previous co-religionists. There are similar reports of violent intimidation of those electing to reject Islam in other Western countries [13].

* In 1980, Pakistan incorporated making any disparaging remark against any personality revered in Islam into the penal code as an offence. In 1986 the law was extended to specifically include “Penal Code 295-C: Use of derogatory remarks, etc., in respect of the Holy Prophet: whoever by words, either spoken or written, or by visible representations, or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet, shall be punished with death, or imprisonment for life, and shall also be liable to fine. In October 1990, the Federal Shariat Court (FSC) ruled that “the penalty for contempt of the Holy Prophet … is death and nothing else”. In their 1996 report on Pakistan, Amnesty International stated that these laws have been extensively abused to harass members of religious minorities such as Christians and Ahmadis and that

"In all the cases known to Amnesty International, these charges have been arbitrarily brought, founded solely on the individual's minority religious beliefs or on malicious accusations against individuals of the Muslim majority who advocate novel ideas. The available evidence indicates that charges were brought as a measure to intimidate and punish members of minority religious communities or non-conforming members of the majority community and that the hostility towards minority groups appeared in many cases compounded by personal enmity, professional envy or economic rivalry or a desire to gain political advantage" [14].

An example of the passions and the feelings of extreme outrage that are evoked within the Muslim community is provided by Amnesty International's 2005 Report on Pakistan:

* Samuel Masih, a 27-year-old Christian, was arrested in August 2003 and charged with having thrown litter on the ground near a mosque in Lahore. This was deemed an offence under section 295 of the Pakistan Penal Code, which provides up to two years’ imprisonment for defiling a place of worship. Samuel Masih was held in a Lahore prison but transferred to hospital in May, suffering from tuberculosis. He died after his police guard attacked him in the hospital. The police officer stated that he had done his “religious duty” [15].

Other examples of persecution of apostates converting to Christianity have been given by the Barnabas Fund from Kuwait, Sudan, Iran, Yemen, Pakistan, Egypt, and Bangladesh. Barnabas Fund report concludes:

"The field of apostasy and blasphemy and related “crimes” is thus obviously a complex syndrome within all Muslim societies which touches a raw nerve and always arouses great emotional outbursts against the perceived acts of treason, betrayal and attacks on Islam and its honour. While there are a few brave dissenting voices within Muslim societies, the threat of the application of the apostasy and blasphemy laws against any who criticize its application is an efficient weapon used to intimidate opponents, silence criticism, punish rivals, reject innovations and reform, and keep non-Muslim communities in their place."

Similar views are expressed by the 'non-religious' International Humanist and Ethical Union [16].

* In February 2006 the case of Abdul Rahman, an Afghani convert to Christianity made international headlines when he was arrested and was faced with execution. The outcry around the globe pressured the Afghan authorities to release him , allowing him to leave the country to find refuge in Italy.

* Two other Afghan converts to Christianity were arrested in March and their fate is unknown. In February, yet other converts had their homes raided by police.

* Since the 1990s, the Islamic Republic of Iran has used death squads against converts, including major Protestant leaders, and under President Mahmoud Ahmadinejad. engaged in a systematic campaign to track down and reconvert or kill those who have changed their religion from Islam.Iran also regards Baha'is as heretics from Islam and denies them any legal rights, including the right to life: There is no penalty for killing a Baha'i.

* In 2003, Egyptian security forces arrested 22 converts and people who had helped them. Some were tortured, and one, Isam Abdul Fathr, died in custody. Last year, Gaseer Mohamed Mahmoud was whipped and had his toenails pulled out by police, and was told he would be imprisoned until he gave up Christianity.

* It appears that actual state-ordered executions are rarer than killings by vigilantes, mobs, and family members, sometimes with state acquiescence. In the last two years in Afghanistan, Islamist militants have murdered at least five Christians who had converted from Islam.

* Vigilantes have killed, beaten, and threatened converts in Pakistan, the Palestinian territories, Turkey, Nigeria, Indonesia, Somalia, and Kenya. In November, Iranian convert Ghorban Dordi Tourani was stabbed to death by a group of fanatical Muslims. In December, Nigerian pastor Zacheous Habu Bu Ngwenche was attacked for allegedly hiding a convert. In January, in Turkey, Kamil Kiroglu was beaten unconscious and threatened with death if he refused to deny his Christian faith and return to Islam.

* On March 21 2006, the Algerian parliament approved a new law requiring imprisonment for two to five years and a fine between five and ten thousand euros for anyone "trying to call on a Muslim to embrace another religion." The same penalty applies to anyone who "stores or circulates publications or audio-visual or other means aiming at destabilizing attachment to Islam."

* Converts and Baha'is are not the only ones subject to such violence. Ahmadis, whom many Muslims regard as heretics, suffer a similar fate throughout the Muslim world. The victims also include many Muslims who question restrictive interpretations of Islam. In traditionally moderate Indonesia, Yusman Roy is now serving two years in prison for leading prayers in Indonesian and Arabic instead of only in Arabic.

In March 2006, an Afghan citizen Abdul Rahman was charged with apostasy and could have faced the death penalty for converting to Christianity. His case attracted much international attention with Western countries condemning Afghanistan for persecuting a convert. Charges against Abdul Rahman were dismissed on technical grounds by the Afghan court after intervention by the president Hamid Karzai.

Notable apostates

* Ayaan Hirsi Ali (Dutch politician and human rights activist of Somali origin)
* Matoub Lounes (Kabyle singer)
* Taslima Nasrin (Bangladeshi-born writer and human rights activist; considered to be an apostate because of her pro-feminist, anti-religion writings)
* Abdul Rahman (Afghan citizen charged with apostasy, convert to Christianity)
* Salman Rushdie (British author and lecturer, of Indian birth)
* Ibn Warraq (pseudonym of an ex-Muslim scholar of Islam, and author of books critical of Islam)
* Ali Sina (Founder of Faithfreedom)

Quote:

Apostasy From Islam

Praise be to Allah, the Lord of the worlds. May Allah raise the rank of our master Muhammad and his Al and Companions and protect his nation from that which he fears for it. Thereafter:

Islam is the only religion Allah accepts from His slaves and the only religion He ordered His slaves to follow. The one who performs the greatest right of Allah on the slave by worshipping Allah alone, not taking any partners to Him, and believing in the message of the Prophet Muhammad, will be granted everlasting bounties in Paradise. He who takes for himself a religion other than Islam and dies on that status will be a loser on the Day of Judgment and his eternal abode is Hellfire, where the torture does not cease nor decrease. Allah does not forgive the one who dies non-Muslim, nor will any of his good deeds done in this lifetime be accepted from him. Surat Muhammad, Ayah 34:

means: [Those who blasphemed and block away from the ways of Allah and die as blasphemers, Allah shall not forgive them. Surat an Nisa', Ayah 48:

means: [Allah does not forgive that one associates partners with Him, and He forgives whatever is less than that for whomever He willed.]

Knowing everlasting enjoyments await the Muslim in Paradise and everlasting torture in Hellfire awaits the one who dies a non-Muslim should make every Muslim anxiously prioritize holding tight to his Religion. The one who is desirous of having his ending a good one will do his utmost to comply with all what is obligatory upon him and avoid what is forbidden, and above all, will endeavor to avoid anything which will invalidate, interrupt, and terminate his Islam--namely apostasy. Of greater priority is warning the Muslims against what would take them out of Islam and lead them to be one of the eternal inhabitants of Hellfire over other issues in the Religion with less drastic consequences. For this reason, the scholars of Islam included chapters on apostasy in their books to elucidate what causes a person to commit apostasy and the judgments concerning him, in an effort to warn the people from committing any of it. The one who does not know evil is more likely to fall in it, and the one who learns the chapter of apostasy would have his eyes open and his heart guarded to avoid committing this grievous sin.

Imam an-Nawawiyy defined apostasy as interrupting Islam by an intention or by a blasphemous doing or by a blasphemous saying--whether or not it was said mockingly, out of stubbornness, or out of conviction. He said apostasy is the most abhorrent type of blasphemy. For one to have been Muslim, then to apostate from Islam is the most vulgar of sins. It is a heinous crime and its committer deserves the everlasting torture of Hellfire should he die without repenting from it.

Scholars of the four schools (madhahib) classified apostasy into three (3) categories: beliefs in the heart, actions committed by certain parts of the body, and sayings with the tongue. Ar-Ramliyy, from the school of Imam ash-Shafi^iyy, classified apostasy into these three categories and gave examples of each in his book, Explanation of Minhaj, as did Imam an-Nawawiyy in his book, Rawdat at-Talibin. Qadi ^Iyad and Imam Muhammad ^Ulaysh from the Malikiyy school gave examples of these three (3) types of apostasy. Likewise did Imam Ibnu ^Abidin and Badr arRashid from the Hanifyyy school and Imam alBuhutiyy from the Hanbaliyy school. Ibn asSubkiyy said in his book At-Tabaqat : " Imam Al-Ash^ariyy , his students and all Muslims do not disagree upon that he who says a blasphemous word or he who does a blasphemous doing is a blasphemer ( kafir). He is not a believer in Allah, and he shall remain in Hellfire forever, even if he knew the truth in his heart. This is a case of scholarly consensus; not even two Muslims would disagree on that matter.

The Muhadith, Hafidh, Faqih and Linguist Murtada Az-Zabidiyy said: " the scholars from the four schools (madhhab) authored in exposing the types of apostasy."

The scholar's classification of apostasy into these three categories facilitates one's learning and understanding of the subject--thereby making it easier to avoid falling into it. Classification as such can be easily understood from different ayat in the Qur'an. In Surat al-Hujurat, Ayah 15, Allah said:

which means: [The believers are those who believe in Allah and His Messenger, and they do not doubt in that belief.] This ayah reflects that category of apostasy pertaining to beliefs in the heart. In Surat Fussilat, Ayah 37, Allah said:

which means: do not prostrate for the sun or the moon, rather prostrate for Allah Who created the sun and the moon.] This ayah reflects that category of apostasy pertaining to actions committed by different parts of the body. In Surat at-Tawbah,

Ayah 74, Allah said:

which means: [They swear by Allah that they did not utter, and they have said the word of blasphemy and blasphemed after having been Muslims.] This ayah reflects that category of apostasy pertaining to sayings.

Each one of these three categories of apostasy is divided into many subdivisions, and the scholars gave many examples of each.

An example of the first category of apostasy--beliefs in the heart--is for one to have doubt in the existence of Allah or doubt in the message of Prophet Muhammad. Also blasphemous is to doubt in the message of any of the messengers or prophets of Allah known to be a messenger or a prophet by the layman and the scholar alike, such as Adam, Ibrahim, ^Isa, or Musa. Doubting in the revelation of the Qur'an to Sayyidina Muhammad is blasphemy, as is doubting about matters such as the Day of Judgment, the existence of Paradise and Hell, or other such matters upon which there has been scholarly consensus, such as Reward and Punishment. Doubting in matters which are not commonly known among the Muslims--layman and scholar alike--like the existence of the Basin (Hawd) that the believers will drink from prior to entering Paradise, is not blasphemy except if one was stubborn about it in that he knew this matter is part of the Religion and still denies it.

Included in the category of apostasy pertaining to beliefs in the heart is to believe anything other than Allah exists without a beginning. This was the belief of the Greek philosophers, and following in their footsteps, Ibn Taymiyyah, who said the kind of the world exists without a beginning. Only Allah exists without a beginning and His attributes are eternal and everlasting and do not change. Everything else is a creation of Allah and has a beginning to its existence. Qadi ^Iyad, alMutawaliyy, and Ibn Hajar al^Asqalaniyy, and others established the scholarly consensus (ijma^) on the blasphemy of he who believes the world exists without a beginning.

Renouncing any of the attributes of Allah, known by ijma^ He is attributed with--such as knowing about everything is blasphemy. Also blasphemous is he who renounces that Allah is attributed with Power, Will, Knowledge, Hearing, Sight, or Speech (Kalam). Renouncing any of these attributes of Allah is blasphemous because the mind alone is sufficient in knowing that Allah must be attributed with these attributes, i.e., these attributes are a condition for the status of Godhood and as such, one is not excused by ignorance. Ibn alJawziyy said: "There is consensus on the blasphemy of he who negates Allah has power over everything."

He who believes that Allah resembles any of his creations in His Self, Attributes, or Doings has blasphemed. The one who believes Allah is a body or an illumination, or believes Allah exists 'above' in the heavens, or that He sits on the throne is a blasphemer. All these are attributes of the creation and are non-befitting to attribute to the Creator. If Allah was attributed with such attributes, He would have similars from among His creations, and Allah said in the Qur'an:

which means: [Nothing is like him.] If Allah was a body, He would be susceptible to the things all bodies are susceptible to like change, divisibility, and annihilation--all indications of shortage or weakness and nonbefitting to attribute to Allah.

Also is blasphemous he who renders lawful what is commonly known among the Muslims to be unlawful (such as adultery, fornication, stealing, or drinking alcohol,) or renders unlawful, matters commonly known among the Muslims to be lawful, (such as selling and marriage)--conditional in all this is the person is aware of the judgments of these matters in the Religion. Belying the Prophet, blemishing his attributes, or believing in the possibility of prophethood of someone after our Prophet Muhammad ( as the Qadiyany's claim ) is blasphemy.

The second category of apostasy, i.e., actions committed by different parts of the body, includes prostrating to an idol, or prostrating to the sun or the moon, or prostrating to any other creation with the purpose of worshipping it. Another example of apostasy of actions is knowingly throwing the Book of the Qur'an in the garbage, and likewise any papers containing Islamic information, as said by Ruyyaniyy and others, because this action displays mockery for the Religion. It is blasphemy to throw a paper on which is written a name of Allah, provided the thrower knows it is a name of Allah and is conscious of the fact when he threw the paper.

The third category of apostasy is that of sayings and the scholars said this category contains the most numerous cases. The Prophet said: <> Among these are great sins (kaba'ir) and blasphemy. In this age it has become common that people are so negligent and careless with their words to an extent some would utter words which turn them out of Islam, yet they do not deem such words sinful despite them being blasphemous. This complies with the saying of the Prophet, sallallahu ^alayhi wa sallam, related by at-Tirmidhiyy: <> The depth of 70 years falling is the bottom of Hellfire, and it is a place that only the blasphemers will reach. This hadith is explicit in showing uttering a word of blasphemy renders a person a non-Muslim--even if he does not deem that word harmful or a sin as such.

This hadith also shows that it is not a condition for committing blasphemy that the blasphemous saying be combined with either the belief in that saying or an action. The Prophet did not say: 'A person might utter a word and believe in it...' Nor did he say: 'A person might utter a word and act in blasphemy...' Nor did he say: 'A person might utter a word in seriousness...' Rather, he said: 'A person might utter a word he thinks harmless...' A similar hadith related by al-Bukhariyy and Muslim is proof that it is not even conditional that one must know the judgment of the uttered blasphemous word for him to have committed blasphemy.

Uttering blasphemous words out of anger does not excuse a person from committing blasphemy. Imam anNawawiyy said: "If a man was angry with his child or slave and hit him severely, then another person asked him, 'How can you do this? Aren't you a Muslim?' and to that his deliberate answer--though angry--was, 'No,' he blasphemed." This was said by Hanafiyy scholars as well as others.

In his hadith, the Prophet warned us against anger. His reply to a man who came to him asking for advice was, <> The Prophet warned us against anger because anger is not an excuse. Not controlling it can lead a person to various sins, including blasphemy.

The scholars mentioned that the third category of apostasy, apostasy of sayings, is like the sea that has no shoreline--meaning the examples could go on and on, and they cited many examples in their books--again, a warning to people not to speak words similar to them. For example, to curse Allah is blasphemy. He who curses Allah is not a Muslim. It is blasphemy to curse one of the Prophets or one of the Angels, as stated by Qadi ^Iyad To declare a Muslim a kafir without a valid reason causes the person to become a non-Muslim, as was mentioned by Mutawalli and al-Ghazaliyy. At-Tahawiyy said that to attribute to Allah any attribute of the creation--like age or time, body or place, organs or instruments, colors or shapes; or to say Allah has a partner or a child--all are blasphemous sayings. Also, intending to blaspheme in the future contingent upon the happening of a certain incident makes the person a blasphemer immediately.

Let the person take heed of the advice and warnings of the Prophet. Let him be extremely cautious not to let his tongue drive him to a destructive situation. As mentioned by Imam alGhazaliyy, the tongue has such a small size but the crime (sin) it could commit could be so great. Other scholars said the tongue is like a fierce beast which will attack you if you do not tie it up. Brother Muslim, learn well this subject of apostasy in an effort to avoid committing any of it. It is an obligation on every Muslim to protect his faith against whatever invalidates, interrupts and terminates it.

Then, if apostasy occurred from one, it is an obligation on him to immediately return to Islam by leaving out what caused him to apostate and uttering with the Testification of Faith (two shahadas) with the intention of clearing himself of apostasy. Left on him is the obligation to regret having committed apostasy and to intend not to go back to something similar in the future.

Apostasy is not an easy issue, and not one to be taken lightly. Many judgments are incurred on the one who apostates from Islam. Some examples are: the apostate's fasting and Dry Purification (Tayammum) are invalid; it is not permissible to eat the meat he slaughters; his wealth not inherited, nor does he inherit; his marriage contract to a Muslim or non-Muslim is not valid. Moreover, the apostate loses all the reward of all the good deeds done prior to his committing apostasy, though all his sins remain. These sins are not erased for him should he go back to Islam, but rather require a separate repentance. Who among the people can afford to have all his good deeds done and rewards earned erased by apostasy, to stand on the Day of Judgment with only his sins to be weighed?

Brother Muslim. Learn well this subject of apostasy. It is the most abhorrent of sins. Do not be fooled by those who claim contrary to what the scholars of Islam classified as apostasy. Do not be led astray to uttering blasphemous words out of ignorance, anger, or carelessness. Do not believe doing so is not blasphemy if not accompanied by liking or believing the meaning of those uttered blasphemous words. Do not believe those who follow their opinions and contradict the rules of the Religion and say: "Who are you to judge others as blasphemous?" while they, themselves, are ignorant of the rules of the Religion on this vital subject, let alone the rules of the tenets of belief (^Aqidah), ablution (Wudu'), Prayer (Salah), and other.

Acquire the personal obligatory knowledge that leads to success and acceptance of Allah and takes away from the tortures of the Hereafter. Equip yourself with the hadith of the Prophet, sallallahu ^alayhi wa sallam, narrated by Ibn Majah: <>

Take your knowledge from trustworthy, God-fearing, knowledgeable teachers. Implement the advice of Ibn Sirin when he said: "Look thoroughly into whom you take your knowledge from, for this knowledge is that of the Religion." Those must know it is obligatory upon us to order with what is lawful and forbid what is unlawful. If a person commits blasphemy what do we say about him? Do we say he is a believer? Certainly not! Should we leave such a person drowning in that state of blasphemy or should we reach out for him and rescue him by advising him to leave the apostasy and return to Islam? If the person is receptive, we address him immediately and directly so that we would not be included in the hadith of the Prophet, sallallahu ^alayhi wa sallam, <> As reported in the Qur'an, blasphemy is the greatest of injustice, may Allah protect us from it.

Praise be to Allah.

May Allah bless us with a good ending.

and Allah knows best.

Quote:

Article 1

The form of government of Iran is that of an Islamic Republic, endorsed by the people of Iran on the basis of their longstanding belief in the sovereignty of truth and Qur'anic justice, in the referendum of Farwardin 9 and 10 in the year 1358 of the solar Islamic calendar, corresponding to Jamadi al-'Awwal 1 and 2 in the year 1399 of the lunar Islamic calendar (March 29 and 30, 1979], through the affirmative vote of a majority of 98.2% of eligible voters, held after the victorious Islamic Revolution led by the eminent marji' al-taqlid, Ayatullah al-Uzma Imam Khumayni.

Article 2

The Islamic Republic is a system based on belief in:

1.the One God (as stated in the phrase "There is no god except Allah"), His exclusive sovereignty and the right to legislate, and the necessity of submission to His commands;
2.Divine revelation and its fundamental role in setting forth the laws;
3.the return to God in the Hereafter, and the constructive role of this belief in the course of man's ascent towards God;
4.the justice of God in creation and legislation;
5.continuous leadership (imamah) and perpetual guidance, and its fundamental role in ensuring the uninterrupted process of the revolution of Islam;
6.the exalted dignity and value of man, and his freedom coupled with responsibility before God; in which equity, justice, political, economic, social, and cultural independence, and national solidarity are secured by recourse to:
1.continuous ijtihad of the fuqaha' possessing necessary qualifications, exercised on the basis off the Qur'an and the Sunnah of the Ma'sumun, upon all of whom be peace;
2.sciences and arts and the most advanced results of human experience, together with the effort to advance them further;
3.negation of all forms of oppression, both the infliction of and the submission to it, and of dominance, both its imposition and its acceptance.

Article 3

In order to attain the objectives specified in Article 2, the government of the Islamic Republic of Iran has the duty of directing all its resources to the following goals:

1.the creation of a favorable environment for the growth of moral virtues based on faith and piety and the struggle against all forms of vice and corruption;
2.raising the level of public awareness in all areas, through the proper use of the press, mass media, and other means;
3.free education and physical training for everyone at all levels, and the facilitation and expansion of higher education;
4.strengthening the spirit of inquiry, investigation, and innovation in all areas of science, technology, and culture, as well as Islamic studies, by establishing research centers and encouraging researchers;
5.the complete elimination of imperialism and the prevention of foreign influence;
6.the elimination of all forms of despotism and autocracy and all attempts to monopolize power;
7.ensuring political and social freedoms within the framework of the law;
8.the participation of the entire people in determining their political, economic, social, and cultural destiny;
9.the abolition of all forms of undesirable discrimination and the provision of equitable opportunities for all, in both the material and intellectual spheres;
10.the creation of a correct administrative system and elimination of superfluous government organizations;
11.all round strengthening of the foundations of national defence to the utmost degree by means of universal military training for the sake of safeguarding the independence, territorial integrity, and the Islamic order of the country;
12.the planning of a correct and just economic system, in accordance with Islamic criteria in order to create welfare, eliminate poverty, an(i abolish all forms of deprivation with respect to food, housing, work, health care, and the provision of social insurance for all;
13.the attainment of self-sufficiency in scientific, technological, industrial, agricultural, and military domains, and other similar spheres;
14.securing the multifarious rights of all citizens, both women and men, and providing legal protection for all, as well as the equality of-all before the law;
15.the expansion and strengthening of Islamic brotherhood and public cooperation among all the people;
16.framing the foreign policy of the country on the basis of Islamic criteria, fraternal commitment to all Muslims, and unsparing support to the mustad'afiin of the world.

Article 4

All civil, penal financial, economic, administrative, cultural, military, political, and other laws and regulations must be based on Islamic criteria. This principle applies absolutely and generally to all articles of the Constitution as well as to all other laws and regulations, and the fuqaha' of the Guardian Council are judges in this matter.

Article 11

In accordance with the sacred verse of the Qur'an ("This your community is a single community, and I am your Lord, so worship Me" [21:92]), all Muslims form a single nation, and the government of the Islamic Republic of Iran has the duty of formulating its general policies with a view to cultivating the friendship and unity of all Muslim peoples, and it must constantly strive to bring about the political, economic, and cultural unity of the Islamic world.

Article 12

The official religion of Iran is Islam and the Twelver Ja'fari school [in usual al-Din and fiqh], and this principle will remain eternally immutable. Other Islamic schools, including the Hanafi, Shafi'i, Maliki, Hanbali, and Zaydi, are to be accorded full respect, and their followers are free to act in accordance with their own jurisprudence in performing their religious rites. These schools enjoy official status in matters pertaining to religious education, affairs of personal status (marriage, divorce, inheritance, and wills) and related litigation in courts of law. In regions of the country where Muslims following any one of these schools of fiqh constitute the majority, local regulations, within the bounds of the jurisdiction of local councils, are to be in accordance with the respective school of fiqh, without infringing upon the rights of the followers of other schools.

Article 13

Zoroastrian, Jewish, and Christian Iranians are the only recognized religious minorities, who, within the limits of the law, are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education.

Article 26

The formation of parties, societies, political or professional associations, as well as religious societies, whether Islamic or pertaining to one of the recognized religious minorities, is permitted provided they do not violate the principles of independence, freedom, national unity, the criteria of Islam, or the basis of the Islamic republic. No one may be prevented from participating in the aforementioned groups, or be compelled to participate in them.

Article 36

The passing and execution of a sentence must be only by a competent court and in accordance with law.

Article 37

Innocence is to be presumed, and no one is to be held guilty of a charge unless his or her guilt has been established by a competent court.

Article 38

All forms of torture for the purpose of extracting confession or acquiring information are forbidden. Compulsion of individuals to testify, confess, or take an oath is not permissible; and any testimony, confession, or oath obtained under duress is devoid of value and credence. Violation of this article is liable to punishment in accordance with the law.

6- The Legislative Power
6.2- Powers and Authority of The Islamic Consultative Assembly

Article 71

The Islamic Consultative Assembly can establish laws on all matters, within the limits of its competence as laid down in the Constitution.

Article 72

The Islamic Consultative Assembly cannot enact laws contrary to the usual and ahkam of the official religion of the country or to the Constitution. It is the duty of the Guardian Council to determine whether a violation has occurred, in accordance with Article 96.

Article 73

The interpretation of ordinary laws falls within the competence of the Islamic Consultative Assembly. The intent of this Article does not prevent the interpretations that judges may make in the course of cassation.

Article 74

Government bills are presented to the Islamic Consultative Assembly after receiving the approval of the Council of Ministers. Members' bills may be introduced in the Islamic Consultative Assembly if sponsored by at least fifteen members.

Article 75

Members' bills and proposals and amendments to governments bills proposed by members that entail the reduction of the public income or the increase of public expenditure may be introduced in the Assembly only if means for compensating for the decrease in income or for meeting the new expenditure are also specified.

Article 76

The Islamic Consultative Assembly has the right to investigate and examine all the affairs of the country.

Article 77

International treaties, protocols, contracts, and agreements must be approved by the Islamic Consultative Assembly.

Article 78

All changes in the boundaries of the country are forbidden, with the exception of minor amendments in keeping with the interests of the country, on condition that they are not unilateral, do not encroach on the independence and territorial integrity of the country, and receive the approval of four-fifths of the total members of the Islamic Consultative Assembly.

Article 79

The proclamation of martial law is forbidden. In case of war or emergency conditions akin to war, the government has the right to impose temporarily certain necessary restrictions, with the agreement of the Islamic Consultative Assembly. In no case can such restrictions last for more than thirty days; if the need for them persists beyond this limit, the government must obtain new authorization for them from the Assembly.

Article 80

The taking and giving of loans or grants-in-aid, domestic and foreign, by the government, must be approved by the Islamic Consultative Assembly.

Article 81

The granting of concessions to foreigners for the formation of companies or institutions dealing with commerce, industry, agriculture, services or mineral extraction, is absolutely forbidden.

Article 82

The employment of foreign experts is forbidden, except in cases of necessity and with the approval of the Islamic Consultative Assembly.

Article 83

Government buildings and properties forming part of the national heritage cannot be transferred except with the approval of the Islamic Consultative Assembly; that, too, is not applicable in the case of irreplaceable treasures.

Article 84

Every representative is responsible to the entire nation and has the right to express his views on all internal and external affairs of the country.

Article 85

The right of membership is vested with the individual, and is not transferable to others. The Assembly cannot delegate the power of legislation to an individual or committee. But whenever necessary, it can delegate the power of legislating certain laws to its own committees, in accordance with Article 72. In such a case, the laws will be implemented on a tentative basis for a period specified by the Assembly, and their final approval will-rest with the Assembly. Likewise, the Assembly may, in accordance with Article 72, delegate to the relevant committees the responsibility for permanent approval of articles of association of organizations, companies, government institutions, or organizations affiliated to the government and or invest the authority in the government. In such a case, the government approvals must not be inconsistent with the principles and commandments of the official religion in the country and or the Constitution which question shall be determined by the Guardian Council in accordance with what is stated in Article 96. In addition to this, the government approvals shall not be against the laws and other general rules of the country and, while calling for implementation, the same shall be brought to the knowledge of the Speaker of the Islamic Consultative Assembly for his study and indication that the approvals in question are not inconsistent with the aforesaid rules.

Article 86

Members of the Assembly are completely free in expressing their views and casting their votes in the course of performing their duties as representatives, and they cannot be prosecuted or arrested for opinions expressed in the Assembly or votes cast in the course of performing their duties as representatives.

Article 87

The President must obtain, for the Council of Ministers, after being formed and before all other business, a vote of confidence from the Assembly. During his incumbency, he can also seek a vote of confidence for the Council of Ministers from the Assembly on important and controversial issues.

Article 88

Whenever at least one-fourth of the total members of the Islamic Consultative Assembly pose a question to the President, or any one member of the Assembly poses a question to a minister on a subject relating to their duties, the President or the minister is obliged to attend the Assembly and answer the question. This answer must not be delayed more than one month in the case of the President and ten days in the case of the minister, except with an excuse deemed reasonable by the Islamic Consultative Assembly.

Article 89

1.Members of the Islamic Consultative Assembly can interpolate the Council of Ministers or an individual minister in instances they deem necessary. Interpolations can be tabled if they bear the signatures of at least ten members. The Council of Ministers or interpolated minister must be present in the Assembly within ten days after the tabling of the interpolation in order to answer it and seek a vote of confidence. If the Council of Ministers or the minister concerned fails to attend the Assembly, the members who tabled the interpolation will explain their reasons, and the Assembly will declare a vote of no- confidence if it deems it necessary. If the Assembly does not pronounce a vote of confidence, the Council of Ministers or the minister subject to interpolation is dismissed. In both cases, the ministers subject to interpolation cannot become members of the next Council of Ministers formed immediately afterwards.

2.In the event at least one-third of the members of the Islamic Consultative Assembly interpolate the President concerning his executive responsibilities in relation with the Executive Power and the executive affairs of the country, the President must be present in the Assembly within one month after the tabling of the interpolation in order to give adequate explanations in regard to the matters raised. In the event, after hearing the statements of the opposing and favoring members and the reply of the President, two-thirds of the members of the Assembly declare a vote of no confidence, the same will be communicated to the Leadership for information and implementation of Section (10) of Article 110 of the Constitution.

Article 90

Whoever has a complaint concerning the work of the Assembly or the executive power, or the judicial power can forward his complaint in writing to the Assembly. The Assembly must investigate his complaint and give a satisfactory reply. In cases where the complaint relates to the executive or the judiciary, the Assembly must demand proper investigation in the matter and an adequate explanation from them, and announce the results within a reasonable time. In cases where the subject of the complaint is of public interest, the reply must be made public.

Article 91

With a view to safeguard the Islamic ordinances and the Constitution, in order to examine the compatibility of the legislation passed by the Islamic Consultative Assembly with Islam, a council to be known as the Guardian Council is to be constituted with the following composition:

1.six 'adil fuqaha' conscious of the present needs and the issues of the day, to be selected by the Leader, and
2.six jurists, specializing in different areas of law, to be elected by the Islamic Consultative Assembly from among the Muslim jurists nominated-by the Head of the Judicial Power.

Article 92

Members of the Guardian Council are elected to serve for a period of six years, but during the first term, after three years have passed, half of the members of each group will be changed by lot and new members will be elected in their place.

Article 93

The Islamic Consultative Assembly does not hold any legal status if there is no Guardian Council in existence, except for the purpose of approving the credentials of its members and the election of thee six jurists on the Guardian Council.

Article 94

All legislation passed by the Islamic Consultative Assembly must be sent to the Guardian Council. The Guardian Council must review it within a maximum of ten days from its receipt with a view to ensuring its compatibility with the criteria of Islam and the Constitution. If it finds the legislation incompatible, it will return it to the Assembly for review. Otherwise the legislation will be deemed enforceable.

Article 95

In cases where the Guardian Council deems ten days inadequate for completing the process of review and delivering a definite opinion, it can request the Islamic Consultative Assembly to grant an extension of the time limit not exceeding ten days.

Article 96

The determination of compatibility of the legislation passed by the Islamic Consultative Assembly with the laws of Islam rests with the majority vote of the fuqaha' on the Guardian Council; and the determination of its compatibility with the Constitution rests with the majority of all the members of the Guardian Council.

Article 97

In order to expedite the work, the members of the Guardian Council may attend the Assembly and listen to its debates when a government bill or a members' bill is under discussion. When an urgent government or members' bill is placed on the agenda of the Assembly, the members of the Guardian Council must attend the Assembly and make their views known.

Article 98

The authority of the interpretation of the Constitution is vested with the Guardian Council, which is to be done with the consent of three-fourths of its members.

Article 99

The Guardian Council has the responsibility of supervising the elections of the Assembly of Experts for Leadership, the President of the Republic, the Islamic Consultative Assembly, and the direct recourse to popular opinion and referenda.

8- The Leader or Leadership Council
(THIS POSITION IS OVER ALL OTHER GOVERNMENTAL POSITIONS INCLUDING PRESIDENT.)

Article 107

After the demise of the eminent marji' al-taqlid and great leader of the universal Islamic revolution, and founder of the Islamic Republic of Iran, Ayatullah al-'Uzma Imam Khumayni - quddisa sirruh al-sharif - who was recognized and accepted as marji' and Leader by a decisive majority of the people, the task of appointing the Leader shall be vested with the experts elected by the people. The experts will review and consult among themselves concerning all the fuqaha' possessing the qualifications specified in Articles 5 and 109. In the event they find one of them better versed in Islamic regulations, the subjects of the fiqh, or in political and social Issues, or possessing general popularity or special prominence for any of the qualifications mentioned in Article 109, they shall elect him as the Leader. Otherwise, in the absence of such a superiority, they shall elect and declare one of them as the Leader. The Leader thus elected by the Assembly of Experts shall assume all the powers of the wilayat al-amr and all the responsibilities arising therefrom. The Leader is equal with the rest of the people of the country in the eyes of law.

Article 108

The law setting out the number and qualifications of the experts [mentioned in, the preceding article], the mode of their election, and the code of procedure regulating the sessions during the first term must be drawn up by the fuqaha' on the first Guardian Council, passed by a majority of votes and then finally approved by the Leader of the Revolution. The power to make any subsequent change or a review of this law, or approval of all the provisions concerning the duties of the experts is vested in themselves.

Article 109

Following are the essential qualifications and conditions for the Leader:

1.scholarship, as required for performing the functions of mufti in different fields of fiqh.
2.Justice and piety, as required for the leadership of the Islamic Ummah.
3.right political and social perspicacity, prudence, courage, administrative facilities and adequate capability for leadership. In case of multiplicity of persons fulfilling the above qualifications and conditions, the person possessing the better jurisprudential and political perspicacity will be given preference.

Article 110

Following are the duties and powers of the Leadership:

1.Delineation of the general policies of the Islamic Republic of Iran after consultation with the Nation's Exigency Council.
2.Supervision over the proper execution of the general policies of the system.
3.Issuing decrees for national referenda.
4.Assuming supreme command of the armed forces.
5.Declaration of war and peace, and the mobilization of the armed forces.
6.Appointment, dismissal, and acceptance of resignation of:
1.the fuqaha' on the Guardian Council.
2.the supreme judicial authority of the country.
3.the head of the radio and television network of the Islamic Republic of Iran.
4.the chief of the joint staff.
5.the chief commander of the Islamic Revolution Guards Corps.
6.the supreme commanders of the armed forces. 7.Resolving differences between the three wings of the armed forces and regulation of their relations.
8.Resolving the problems, which cannot be solved by conventional methods, through the Nation's Exigency Council.
9.Signing the decree formalizing the election of the President of the Republic by the people. The suitability of candidates for the Presidency of the Republic, with respect to the qualifications specified in the Constitution, must be confirmed before elections take place by the Guardian Council;, and, in the case of the first term [of the Presidency], by the Leadership;
10.Dismissal of the' President of the Republic, with due regard for the interests of the country, after the Supreme Court holds him guilty of the violation of his constitutional duties, or after a vote of the Islamic Consultative Assembly testifying to his incompetence on the basis of Article 89 of the Constitution.
11.Pardoning or reducing the sentences of convicts, within the framework of Islamic criteria, on a recommendation [to that effect] from the Head of judicial power. The Leader may delegate part of his duties and powers to another person.

Article 111

Whenever the Leader becomes incapable of fulfilling his constitutional duties, or lobs one of the qualifications mentioned in Articles 5 and 109, or it becomes known that he did not possess some of the qualifications initially, he will be dismissed. The authority of determination in this matter is vested with the experts specified in Article 108. In the event of the death, or resignation or dismissal of the Leader, the experts shall take steps within the shortest possible time for the appointment of the new Leader. Till the appointment of the new Leader, a council consisting of the President, head of the judicial power, and a faqih from the Guardian Council, upon the decision of the Nation's Exigency Council, shall temporarily take over all the duties of the Leader. In the event, during this period, any one of them is unable to fulfil his duties for whatsoever reason, another person, upon the decision of majority of fuqaha' in the Nation's Exigency Council shall be elected in his place. This council shall take action in respect of items 1,3,5, and 10, and sections d,e and f of item 6 of Article 110, upon the decision of three-fourths of the members of the Nation's Exigency Council. Whenever the Leader becomes temporarily unable to perform the duties of leadership owing to his illness or any other incident, then during this period, the council mentioned in this Article shall assume his duties.

Article 112

Upon the order of the Leader, the Nation's Exigency Council shall meet at any time the Guardian Council judges a proposed bill of the Islamic Consultative Assembly to be against the principles of Shariah or the Constitution, and the Assembly is 'unable to meet the expectations of the Guardian Council. Also, the Council shall meet for consideration on any issue forwarded to it by the Leader and shall carry out any other responsibility as mentioned in this Constitution. The permanent and changeable members of the Council shall be appointed by the Leader. The rules for the Council shall be formulated and approved by the Council members subject to the confirmation by the Leader.

Article 113

After the office of Leadership, the President is the highest official in the country. His is the responsibility for implementing the Constitution and acting as the head of the executive, except in matters directly concerned with (the office of) the Leadership.

Article 121 - This is the Oath of Presidency

The President must take the following oath and affix his signature to it at a session of the Islamic Consultative Assembly in the presence of the head of the judicial power and the members of the Guardian Council:

In, the Name of God, the Compassionate, the Merciful, I, as President, swear, in the presence of the Noble Qur'an and the people of Iran, by God, the Exalted and Almighty, that I will guard the official religion of the country, the order of the Islamic Republic and the Constitution of the country; that I will devote all my capacities and abilities to the fulfillment of the responsibilities that I have assumed; that I will dedicate myself to the service of the people, the honor of the country, the propagation of religion and morality, and the support of truth and justice, refraining from every kind of arbitrary behavior; that I will protect the freedom and dignity of all citizens and the rights that the Constitution has accorded the people; that in guarding the frontiers and the political, economic, and cultural independence of the country I will not shirk any necessary measure; that, seeking help from God and following the Prophet of Islam and the infallible Imams (peace be upon them), I will guard, as a pious and selfless trustee, the authority vested in me by the people as a sacred trust, and transfer it to whomever the people may elect after me.