Acts of blasphemy against Islam by Muslims in Egypt : is the death penalty written in the Qur'an?

Abstract

There is an initial introduction to the definition of the act of blasphemy within Islam, and how this concept can be legally determined, in its various forms. There is also a short analysis of the different legal school's opinion as to whether or not the accused are able to repent their deeds before the accusations could lead to a court case. In this context, there is a brief reference to how Islamic scholars and jurists interpreted the ahadith (Traditions) to establish the relevant legal punishments for blasphemy. This is followed by a detailed assessment of how certain verses in the Qur'an have been selected by those who interpret them, to promote the death penalty as the established and standardised punishment for blasphemy. Attention is also paid to those scholars who reject this interpretation, as they argue that it does not reflect the Qur'anic Message. Finally, some very recent modern cases of blasphemy that have occurred in Egypt are assessed in some detail. These include the cases of the feminist writer Nawal al Sa'adawi, in April 2001 and Salaheddin Mohsen who was imprisoned in January 2001. The article also covers the case of Farag Foda who was convicted of blasphemy and was then shot dead in the street, in 1992 and the case of Naguib Mahfouz, the first Egyptian Nobel Prize winner, who had also been accused of blasphemy and was later stabbed in the neck, in a knife attack, in 1994. Other cases are also discussed, and the conclusion provides an overview of the present situation in Egypt, and within Islamic law in general. The question is then raised as to how the historical interpretation of the Qur'an, together with the legal documents of the different Islamic schools of law, could respond to the need for a change in the way in which the law on punishment for blasphemy is presently implemented.