Debate on freedom of religion as a human right takes place not only in the Western world but also in Muslim communities throughout the world. For Muslims concerned for this freedom, one of the major difficulties is the 'punishment for apostasy' - death for those who desert Islam. This book argues that the law of apostasy and its punishment by death in Islamic law is untenable in the modern period. Apostasy conflicts with a variety of foundation texts of Islam and with the current ethos of human rights, in particular the freedom to choose one's religion. Demonstrating the early development of the law of apostasy as largely a religio-political tool, the authors show the diversity of opinion among early Muslims on the punishment, highlighting the substantial ambiguities about what constitutes apostasy, the problematic nature of some of the key textual evidence on which the punishment of apostasy is based, and the neglect of a vast amount of clear Qur'anic texts in favour of freedom of religion in the construction of the law of apostasy. Examining the significant challenges the punishment of apostasy faces in the modern period inside and outside Muslim communities - exploring in particular how apostasy and its punishment is dealt with in a multi-religious Muslim majority country, Malaysia, and the challenges and difficulties it faces there - the authors discuss arguments by prominent Muslims today for an absolute freedom of religion and for discarding the punishment of apostasy.

Since at least the attacks of September 11, 2001, one of the most pressing political questions of the age has been whether Islam is hostile to religious freedom. Daniel Philpott examines conditions on the ground in forty-seven Muslim-majority countries today and offers an honest, clear-eyed answer to this urgent question. It is not, however, a simple answer. From a satellite view, the Muslim world looks unfree. But, Philpott shows, the truth is much more complex. Some one-fourth of Muslim-majority countries are in fact religiously free. Of the other countries, about forty percent are governed not by Islamists but by a hostile secularism imported from the West, while the other sixty percent are Islamist. The picture that emerges is both honest and hopeful. Yes, most Muslim-majority countries are lacking in religious freedom. But, Philpott argues, the Islamic tradition carries within it "seeds of freedom," and he offers guidance for how to cultivate those seeds in order to expand religious freedom in the Muslim world and the world at large. It is an urgent project. Religious freedom promotes goods like democracy and the advancement of women that are lacking in the Muslim-majority world and reduces ills like civil war, terrorism, and violence. Further, religious freedom is simply a matter of justice--not an exclusively Western value, but rather a universal right rooted in human nature. Its realization is critical to the aspirations of religious minorities and dissenters in Muslim countries, to Muslims living in non-Muslim countries or under secular dictatorships, and to relations between the West and the Muslim world. In this thoughtful book, Philpott seeks to establish a constructive middle ground in a fiery and long-lasting debate over Islam.

This book does not champion some of the popular misconceptions surrounding Islamic law. It does not advocate stoning to death; amputating the hands of thieves; call for the death penalty for those who leave the fold of Islam; or urge Muslims to save their souls from Hellfire by shunning bank loans for fear of incurring interest. What it does advocate is less sensationalistic, but it is in line with the real interpretation of Islamic law.Contemporary Interpretation of Islamic Law is divided into thirteen chapters. The majority of the chapters concentrate on criminal aspects of Islamic law, while the remainder concern themselves with social issues. Each chapter – where possible – provides background information of the topic under discussion and then proceeds to analyse, examine and critique the contentious parts of the topic, looking at the arguments from all sides and the evidence put forward by each side before arriving at a conclusion. The book is accompanied by a glossary. “Our work differs from other published titles on Islamic law as it takes into account the different aspects of the Qur’an. The Qur’an employs many parables, allegories and metaphors to highlight important messages for Mankind, yet jurists often make the common mistake of either omitting or misinterpreting these devices, resulting in inaccurate and often unlawful rulings which have direct and indirect effects on both Muslims and non-Muslims alike. It is hoped that our work will create a better understanding of the correct interpretation of the Qur’an and Islamic law,” says authors Ahmed Affi and Hassan Affi. Contemporary Interpretation of Islamic Law will appeal to those with an interest is Islam and Islamic law, though no specialist knowledge of Arabic or Islamic law is required.

Placing topical debates in historical perspective, the essays by leading scholars of history, literature and political science explore issues of difference and diversity, inclusion and exclusion, and faith in relation to a variety of Christian groups, Jews and Muslims in the context of both early modern and contemporary England and America.

In Christine Schirrmacher's postdoctoral thesis, for the first time one finds reviews of original voices coming from Islamic theology on the topic of religious freedom and apostasy. Arabic, English, French, and Urdu texts have been translated and analyzed and thus made accessible. There are basically three positions which are defended on falling away from the Islamic faith: Complete advocacy of religious freedom, the complete denial of religious freedom with a call for the immediate application of the death penalty for apostates, and the centrist position. The centrist position, however, which allows inner freedom of thought and warns against premature persecution, calls for the death penalty in the case of open apostasy (e.g., in the case of conversion to another faith). Within established Islamic theology, the latter approach is nowadays the most frequent point of view found. These three main positions on apostasy are introduced in this postdoctoral thesis by means of the publications of three influential 20th century theologians: Yusuf al-Qaradawi (b. 1926), Abdullah Saeed (b. 1960), and Abu l-A'la Maududi (1903-1979). They all have followings of many millions of people and have political influence at their disposal. The study explains why in many Muslim majority countries there is still today only very limited or sometimes no freedom of religion (in the sense of the Universal Declaration of Human Rights adopted by the United Nations in 1948) for converts, critical intellectuals, artists and progressive Quranic studies specialists, journalists and secularists, agnostics and confessing atheists, enlightened thinkers, women's rights and human rights activists as well as adherents of non-recognized minorities.

In Religious Liberty in Western and Islamic Law: Toward a World Legal Tradition, Kristine Kalanges argues that differences between Western and Islamic legal formulations of religious freedom are attributable, in substantial part, to variations in their respective religious and intellectual histories. Kalanges suggests that while divergence between the two bodies of law challenges the characterization of religious liberty as a universal human right, the "dilemma of religious freedom" - the difficult choice between the universality of religious liberty rights and peaceful co-existence of diverse legal cultures - may yet be transformed through the cultivation of a world legal tradition. This argument is advanced through comparative analysis of human rights instruments from the Western and Muslim worlds, with attention to the legal-political processes by which religious and philosophical ideas have been institutionalized.

"The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts

"This book brings together a variety of religious and non-religious perspectives on religious pluralism. It explores the key philosophical and legal issues associated with religious freedom and social harmony"--

Examining the law and public policy relating to religious liberty in Western liberal democracies, this book contains a detailed analysis of the history, rationale, scope, and limits of religious freedom from (but not restricted to) an evangelical Christian perspective. Focussing on United Kingdom, the United States, Canada, New Zealand, Australia, and EU, it studies the interaction between law and religion at several different levels, looking at the key debates that have arisen. Divided into three parts, the book begins by contrasting the liberal and Christian rationales for and understandings of religious freedom. It then explores central thematic issues: the types of constitutional frameworks within which any right to religious exercise must operate; the varieties of paradigmatic relationships between organized religion and the state; the meaning of 'religion'; the limitations upon individual and institutional religious behaviour; and the domestic and international legal mechanisms that have evolved to address religious conduct. The final part explores key subject areas where current religious freedom controversies have arisen: employment; education; parental rights and childrearing; controls on pro-religious and anti-religious expression; medical treatment; and religious group (church) autonomy. This new edition is fully updated with the growing case law in the area, and features increased coverage of Islam and the flashpoint debates surrounding the accommodation of Muslim beliefs and practices in Anglophone nations.

Freedom of speech and expression is considered in the West a high public good and an important social value, underpinned by legislative and ethical norms. Its importance is not shared to the same extent by conservative and devout Muslims, who read Islamic doctrines in ways seemingly incompatible with Western notions of freedom of speech. Since the Salman Rushdie affair in the 1980s there has been growing recognition in the West that its cherished value of free speech and associated freedoms relating to arts, the press and media, literature, academia, critical satire etc. episodically clash with conservative Islamic values that limit this freedom for the sake of holding religious issues sacrosanct. Recent controversies - such as the Danish cartoons, the Charlie Hebdo affair, Quran burnings, and the internet film ’The Innocence of Muslims’ which have stirred violent reactions in the Muslim world - have made the West aware of the fact that Muslims’ religious sensitivities have to be taken into account in exercising traditional Western freedoms of speech. Featuring experts across a spectrum of fields within Islamic studies, Freedom of Speech and Islam considers Islamic concepts of blasphemy, apostasy and heresy and their applicability in the modern world.