Expert Submission to the Special Rapporteur on Freedom of Religion or Belief: Report to the United Nations General Assembly on Eliminating Intolerance and Discrimination Based on Religion or Belief and the Achievement of Sustainable Development Goal 16 (SDG 16)

Abstract

General Remarks 1. This submission provides observations and recommendations for an enlightened interpretation of apostasy in Islamic law that deconstructs the notion that it is a capital crime and demonstrates the legitimacy of freedom of religion or belief in Islam. 2. Part II of this submission will present (a) an overview of Islamic law; (b) the religious basis for the criminalization of apostasy as a capital crime; and (c) an alternative interpretation in light of Muslim jurists’ views on the issue. 3. This interpretation can be used to remove apostasy as a capital crime in Muslim jurisdictions and promote the fundamental right of freedom of religion or belief. 4. Part III of this submission will consider the apostasy laws in Sudan with a specific focus on the case of Meriam Ibrahim. This will be placed in the context of Islamic law, with reference to Part II, and the relevant international law namely Articles 6 and 18 of the International Covenant on Civil and Political Rights (ICCPR). 5. Part IV offers concluding remarks and recommendations