Blasphemy law in Afghanistan

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Afghanistan uses Sharia as its justification for punishing blasphemy. The punishments are among the harshest in the world. Afghanistan uses its law against blasphemy to persecute religious minorities, apostasy, dissenters, academics, and journalists.

The Constitution of Afghanistan, ratified in January 2004, makes Islam the state religion. The President and the vice-presidents must be Muslim. The great majority of Afghanistan's citizens are Sunni who follow the Hanafi school of jurisprudence.

Sharia

Afghanistan's Penal Code of 1976 addresses "Crimes Against Religions" but leaves the issue of blasphemy to Sharia. Sharia permits the authorities to treat blasphemy as a capital crime. The authorities can punish blasphemy with death if the blasphemy is committed by a male of sound mind over age 18 or by a female of sound mind over age 16. Anyone accused of blasphemy has three days to recant. If an accused does not recant, death by hanging may follow.[1]

Media law 2004

Writings considered anti-Islamic are prohibited under a vaguely worded media law which came into effect in March 2004. The law stipulates that journalists can be legally detained only with the approval of a seventeen-member commission of government officials and journalists. The authorities detained journalist Ali Mohaqiq Nasab in 2005 without regard for the media law.[2]

Baháʼí Faith

In May 2007, the General Directorate of Fatawa and Accounts under the Afghan Supreme Court, which provides guidance on ambiguous religious issues not addressed in the Constitution or other laws, issued a ruling on the status of followers of the Baháʼí Faith. The ruling said "Baháʼísm" was distinct from Islam and a form of blasphemy. The ruling also declared all Muslims who convert to the Baháʼí Faith are apostates, and all followers of the religion are infidels.[1] See Baháʼí Faith in Afghanistan and Apostasy in Islam.

Selected cases

References

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