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21 Cap. U. L. Rev. 63 (1992)
Freedom of Religion in Islamic Law

handle is hein.journals/capulr21 and id is 77 raw text is: FREEDOM OF RELIGION IN ISLAMIC LAW MOHAMMAD HASHIM KAMALI One of the manifestations of personal liberty is the freedom of the individual to profess the religion of his or her own choice without compulsion. The individual must also have freedom to observe and practice his or her faith without fear of interference from others. Freedom of religion in its Islamic context thus implies that non- Muslims are not compelled to convert to Islam, nor are they hindered from practicing their own religious rites. Both Muslims and non- Muslims are entitled to propagate their own religion and to defend it against attack or seditious provocation (fitnah),' regardless of whether such an attack is launched by their coreligionists or another group.' Copyright © 1992, Mohammad Hashim Kamali. * Professor of Law at the International Islamic University, Malaysia. Professor Kamali was a Visiting Professor in the Capital University Law School 1991 Comparative Law Summer Program. The author wishes to thank his research assistant, Thomas Martello, Jr., Capital University Law School Class of 1992, for his research and editorial assistance. L The Arabic word fitnah has several meanings, but it frequently occurs in the Qurin in the sense of persecuting a person for the sake of his faith, that is, for embracing a particular faith, with a view either to punish him for what he has done or compel him to renounce it. In this way, all oppressive methods that aim at denying the individual his freedom of religion partake in seditious provocation as it could incite conflict, violence, and hostility among the followers of different faiths. Fitnah also means seditious speech or conduct which challenges the authority of the lawful government or seeks to bring it into public contempt and disrepute. Of the two major events in the history of Islam which are known as the great fitnahs, one was the assassination of the fourth Cal Icph Uthm n (d. 35/656), which led to a series of conflicts and confrontations among Muslims and the consequent emergence of religious and political factions such as the Kharijites and Shi'ah. The second instance of fitnah, also referred to as 'inquisition,' occurred under the Abbasid Cali cph Ma'mun (c. 833) in the early 3rd/9th century over the nature of divine revelation and whether the Qur'an was the created or uncreated speech of God. The issues involved are somewhat complex, but it is referred to as fitnah because many ulema and scholars were imprisoned for the sake of the views they held on the matter. 2. MUHAMMAD ABU ZAHRAH, TAN ZTM AL-ISLAM LI AL-MUJTAMAc 190 (Cairo, Matbacah Mukhaymar); CABD AL- HAKIM HASAN AL-CILI, AL-HURRIYYAT AL-CAMMAH 330 (Cairo, DXR AL-FIKR 1403/1983).

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