14.09.2007 - Source: US Department of State

Death penalty for blasphemy if accused do not recant their actions within 3 days ("International Religious Freedom Report 2007") [ID 21530]

"For issues on which the Constitution and penal code are silent (such as conversion and blasphemy), the courts defer to Shari'a law - interpretations of which often come into conflict with the mandate to abide by the Universal Declaration of Human Rights.

Blasphemy is a capital crime, and authorities could punish blasphemy with death, if committed by a male over age 18 or a female over age 16, who is of sound mind. Those accused of blasphemy are given three days to recant their actions and could otherwise face death by hanging."

Document(s): Open document

14.09.2007 - Source: US Department of State

Penal Code addresses "Crimes against Religion" ("International Religious Freedom Report 2007") [ID 21634]

"Chapter 18 of the Penal Code of 1976 (Penal Code) addresses "Crimes Against Religions," although it does not address blasphemous remarks. Article 347 of the Penal Code says that (a) people who forcefully stop the conduct or rites of religious rituals and (b) people who destroy or damage permitted places of worship where religious rituals are conducted or who destroy or damage any sign or symbol of any religion, shall be subject to a medium-term prison sentence and/or a cash fine of between 12,000 and 60,000 Afghanis ($240 - $1200). There is nothing in the Penal Code related to the spoken or written utterance of insults or profanity against God, or religion or sacred symbols, books, etc."

Document(s): Open document

14.09.2007 - Source: US Department of State

Journalist and editor of a women’s rights magazine sentenced for blasphemy ("International Religious Freedom Report 2007") [ID 21659]

"In October 2005 Ali Mohaqiq Nasab, a journalist and editor of a women's rights magazine, was sentenced to two years in prison by a tribunal for blasphemy for reprinting and commenting on two articles which questioned the harsh punishment imposed on women accused of adultery and theft under traditional Islamic law. He also advocated that conversion from Islam should not be considered a crime. After being tried in court, his sentence was reduced to six months on appeal. Half of this time was suspended, and Nasab was released in December 2005."

Document(s): Open document

14.09.2007 - Source: US Department of State

2 students suspended for a year from university for blasphemy ("International Religious Freedom Report 2007") [ID 21660]

"In May 2005 two students were suspended for a year from Herat University for commenting on Islam during a religious debate in ways that classmates and a teacher found blasphemous. The AIHRC reported that the two students were reinstated at the university and all charges against them suspended. Following the arrests, the students were released from jail and housed, for security purposes, at various safe houses."

Document(s): Open document

28.06.2003 - Source: Institute for War and Peace Reporting

2 Kabul editors, Sayed Mir Husain Mehdavi and his Iranian deputy Ali Reza Payam, arrested for alleged blasphemy have been released, but likely to face trial (""Blasphemy" Journalists Released") [#13916],  [ID 1124]

Document(s): Open document

24.06.2003 - Source: Human Rights Watch

While existing penal code does not define blasphemy, most sharia interpretation consider it a capital offence ("Afghanistan: Karzai Fails on Press Freedom") [#13724],  [ID 1125]

"[...] According to government officials familiar with the case, Afghanistan's chief justice, Fazl Hadi Shinwari, a cleric allied with the ultra-conservative mujahidin leader Abdul-Rabb al-Rasul Sayyaf, a powerful political leader in Kabul, ordered the arrests and the closure of the paper with the approval of President Karzai. Aftab had recently published two articles raising questions about Islam's place in politics and methods of interpreting religious texts, and criticizing Afghan religious leaders.

The Supreme Court charged Mahdavi and Sistany with the crime of "insulting Islam," or blasphemy. The existing penal code of Afghanistan does not define blasphemy, but provides that certain crimes relating to Islam are punishable under shari'a (Islamic law). Crimes under shari'a are not codified or defined under Afghan law, but under most interpretations of shari'a, blasphemy is a serious offense sometimes punishable by death.

The deputy chief justice, Fazel Ahmad Manawi, said in an interview with Radio Liberty on June 19 that Mahdavi and Sistany would be tried on the "allegation of insulting Islam," and that international pressure could do nothing to stop the government from pursuing the case. The two are currently being held in a Kabul jail.

Kabul police searched and then closed Aftab's offices last week, and Afghanistan's intelligence agency, the Amniat-e Melli, confiscated remaining copies of the newspaper from local booksellers and stores. Amniat-e Melli agents broke up a meeting held by Aftab last Thursday and harassed and threatened participants. Kabul police allowed Aftab's offices to reopen this week, but told Aftab staff that they are prohibited from printing future issues. [...]"

Document(s): Open document

23.06.2003 - Source: Integrated Regional Information Network

Information ministry works for immediate release of a local newspaper editor and a journalist, after their arrest on charges of blasphemy ("Information ministry works for release of journalists") [#13751],  [ID 1126]

"A senior official says his ministry is working to bring about the immediate release of a local newspaper editor and a journalist, after their arrest on charges of blasphemy. "I have talked regarding the release of the two detainees and I was told that they were in custody for their own protection. But we still emphasise that they must be released very soon," Minister of Information and Culture Sayed Makhdom Rahin told IRIN in the Afghan capital, Kabul on Monday."

Document(s): Open document

19.06.2003 - Source: Committee to Protect Journalists

Kabul: Editor-in-chief and deputy editor of the weekly newspaper Aftab, arrested/ Afghanistan’s Supreme Court ordered the journalists’ arrests on charges of defaming Islam ("Afghanistan: CPJ condemns journalists’ arrests") [#13668],  [ID 1127]

Document(s): Open document

12.06.2003 - Source: International Crisis Group

In some parts of the country no indigenous fora for debate and self-determination remain ("Afghanistan's Flawed Constitutional Process") [#13492],  [ID 1128]

"Thus, in some parts of the country, no indigenous fora for debate and self-determination remain. The influence of local commanders in constitutional debates is highlighted by the case of Marya Sazabor, a Mazar-i Sharif-based poet who published an article entitled "The Role of Women in the Constitution" in the newspaper of the Junbish-e Melli Islami. Due to a typographical error, one sentence that should have read "ignorance of Sharia causes women's problems" was printed as "Sharia causes women's problems". A local paper affiliated with Jamiat-i Islami-yi Afghanistan subsequently intimated that she deserved death, calling her "Afghanistan's Salman Rushdie". After a correction by the original publisher and the intervention of UN staff, the threats were retracted."

Document(s): Open document

30.07.2002 - Source: International Crisis Group

International Crisis Group: Blasphemy charge against Minister for Women's Affairs ("Afghanistan Briefing Paper: The Afghan Transitional Administration: Prospects and Perils") [#8257],  [ID 1129]

"However, during the Loya Jirga, the newspaper controlled by former President Rabbani (Payam-i-Mujahid) published an article calling her the “Salman Rushdie of Afghanistan”, an accusation based on remarks questioning Sharia (Islamic) law in Afghanistan that were wrongly attributed to her. Samar was then called a blasphemer in a speech at the Loya Jirga and received numerous death threats. Newly re-appointed Supreme Court Chief Justice Maulavi Fazel Hadi Shinwari charged her with blasphemy. Although the charges were dropped, Samar did not re-assume her cabinet post."

Document(s): Open document