Law Commons^™

Law, Religion And Violence: A Human Rights-Based Response To Punishment (By State And Non-State Actors) Of Apostasy, Ben Clarke

Law Papers and Journal Articles

This article examines Islamic law on the punishment of apostasy and its use and abuse by state and non-state actors to justify the taking of human life. It highlights the traditional view of Muslim jurists that apostates must be killed. This approach is contrasted with the growing body of juristic opinion that holds that neither the Qur’an nor authoritative hadith requires apostates to be executed. This debate has assumed greater importance since al-Qaeda and similar groups have sought to justify acts of violence on the grounds that they are engaged in lawful jihad against apostates, apostate governments and collaborators. The …