Pakistan is an Islamic republic and approximately 96 per cent of its population is Muslim (Country Reports 1998 26 Feb. 1999). The majority of Muslims are Sunni and follow the Hanafi school of jurisprudence, while approximately 15-20 per cent are Shi'i (Country Reports 1998 26 Feb. 1999; Religion in Politics 1989, 204).

This Response can provide only an overview of the interpretative traditions of Islam:
"One who turns back," especially from Islam is an apostate (murtadd) (

The New Encyclopedia of Islam 1993, 635).

Islam does not treat the issue of apostasy (irtidad or ridda) in a uniform manner, because there are a number of components that make up what is understood to be Islam, including the Qu'ran (the Word of God), the Sunnah and Hadith (the reports containing the sayings and actions of the Prophet Muhammad that were collected after his death, i.e. the normative behaviour of the Muslim community), fiqh (interpretation of the law by the various legal schools, jurisprudence), among others (The Encyclopedia of Religion 1987b, 307+). Each of the legal schools also has its own view on apostasy (and naturally, on other issues too), hence the different interpretations of what is permitted and forbidden in Islam.

Of the four Sunni legal schools, the Hanafi school has the largest following and is now predominant in Syria, Jordan, Turkey, Lebanon, Pakistan, Afghanistan and the Muslims of India (The Encyclopedia of Religion 1987c, 67). The Maliki legal school is now prevalent in Morocco, Tunisia, Upper Egypt, Sudan, Bahrain and Kuwait (ibid., 68). The Shafi'i legal school is now predominant in East Africa, Indonesia, Malaysia, Lower Egypt, southern Arabia, and has many followers in Palestine, Jordan and Syria (ibid.). The Hanbali school is now prevalent in Saudi Arabia, Qatar and Oman (ibid., 69).

According to The Encyclopedia of Religion, of the numerous Shi'i legal schools, only three have survived to the present day, namely the Ithna 'Ashari (Twelvers), the Zaydi (also known as the Fivers) and the Isma'il'i (also known as the Seveners) (1987c, 69). The Safavids of Persia (present-day Iran) adopted the Twelver doctrine in 1501 and it is still predominant in Iran, but also has followers in Syria, Iraq and Lebanon (The Encyclopedia of Religion 1987c, 69). The doctrine of the Zaydis is the closest of the Shi'i schools to the Sunnis, and they reside primarily in Yemen (ibid.). The Isma'ilis split into two groups with the eastern group, which follows the Agha Khan, "centered" in India, Pakistan and Central Asia (ibid.). Followers of the western group reside in southern Arabia and Syria (ibid.).

The New Encyclopedia of Islam and The Encyclopedia of Religion state that in the Qur'an an apostate (murtadd) was threatened with punishment in the afterlife only (1993, 635; 1987a, 355). Following the death of the Prophet Muhammad, the view of apostasy changed: in the Hadith, apostasy was punishable by death, although the Hadith differed as to whether an apostate should be given the chance to repent (ibid., 355-56; The New Encyclopedia of Islam 1993, 635). The New Encyclopedia of Islam states that in fiqh (interpretation of the law; jurisprudence), the penalty for apostasy by a male Muslim was unanimously death, if he was "grown up," of sound mind, and had not been forced to convert (ibid.). However, according to the Hanafi and Shi'i schools of jurisprudence, a Muslim woman who converted was imprisoned until she reconverted to Islam, whereas according to the Hanbali, Maliki and Shafi'i schools of jurisprudence, she was executed (ibid.). According to The New Encyclopedia of Islam and The Encyclopedia of Religion, apostasy also has civil consequences, affecting marriage, inheritance, ownership, burial, etc (1993, 636; 1987a, 356). Please consult the murtadd attachment from The New Encyclopedia of Islam for additional and background information.

According to The New Encyclopaedia Britannica, in Islam the punishment for apostasy is death (1989, 33), although chances are given to the apostate to repent before the punishment is carried out (Encyclopedia of Religion 1987b, 321). Apostasy is one of six specific crimes that has a fixed (hadd) punishment (The New Encyclopaedia Britannica 1989, 33).
According to Section 2c of

Country Reports 1998,

the Constitution [of Pakistan] requires that laws be consistent with Islam and imposes some elements of Koran law on both Muslims and religious minorities. While there is no law establishing the Koranic death penalty for apostates (those who convert from Islam), social pressure against such an action is so powerful that most such conversions take place in secret. Reprisals and threats of reprisals against suspected converts are common (26 Feb. 1999).

In 1987 Rights of Religious and other Minorities reported that for Muslims in Pakistan, conversion to another faith could result in punishment under Section 295(a) of the Pakistan Penal Code (PPC), which imposed a two year prison sentence for outraging the religious feels of any class of citizen (9). But on 7 July 1991 Section 295(a) of the PPC and the Code of Criminal Procedure was amended by Ordinance XXI, which increased the maximum prison sentence from two to ten years for anyone found guilty of "outraging the religious feelings of any group" (UN 2 Jan. 1996; AI 1992, 207). No reports could be found that indicated that Muslims who converted to another faith were found guilty of "outraging the religious feelings of any group."

Below, please find some examples of the social treatment meted out to Muslims who converted to another faith.

In early 1995 Daulat Khan, a Muslim in NWFP, converted to the Ahmadi faith, and as a result, was arrested and jailed, abandoned by his wife and children, disowned by his immediate family, and village mullahs issued fatwas calling for his death, amongst other things (The Guardian Weekly 21 May 1995).

In its annual report for 1997 the Human Rights Commission of Pakistan (HRCP) reported the incident of Eshwar Mal, a Hindu, who converted to Islam in April 1997 in Baluchistan and was embraced by the Muslims there (Feb. 1998, 145). When Mal decided he wanted to reconvert to Hinduism, the Qadi (judge) Fazal Din of the religious school (deeni madressah) of Winders, Lasbella, "denounced him for blasphemy," and the administration "set about rounding up" his father, some other relatives and Mal himself (ibid.). The report added that eventually the Baluchistan High Court had to intervene and "suspend" these actions (ibid.).

In October 1997 the Oklahoma-based The Voice of the Martyrs that serves the "persecuted church," reported the story of a 17-year old Christian girl who befriended an 18-year old Muslim girl who later converted to Christianity. In July 1997 because of her conversion the Muslim girl was killed by her immediate family, who reportedly attempted to charge the Christian girl with murder (ibid.). The Voice of the Martyrs was able to pay a lawyer to have the charges against the Christian girl reduced to "converting a Muslim" (ibid.). Corroboration of this incident could not be found among the sources consulted.

The HRCP reported in its July 1998 newsletter that Muhammad Akram of Mustong was threatened in April 1998 by the local religious body (known as the Idara Dawat-o-Tabligh), because he had joined the Qadiani branch of the Ahmadi faith (HRCP Newsletter July 1998, 18). He was ordered to break all contact with the Qadianis and curse Mirza Ghulam Ahmad or he would be forced to leave Mustong (ibid.).

For additional examples of the consequences faced by Muslims who have converted to another faith, please consult the human rights documentation on Pakistan available at all Regional Documentation Centres.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Amnesty International (AI). 1992. Amnesty International Report 1992. New York: Amnesty International. (Cited in PAK26526.E of 10 June 1997)

Country Reports on Human Rights Practices for 1998. 26 February 1999. United States Department of State. [Electronic version]

The Encyclopedia of Islam: New Edition. 1993. Vol. 7. Edited by C.E. Bosworth et al. "Murtadd." New York: Leiden.

The Encyclopedia of Religion. 1987a. Vol. 1. Edited by Mircea Eliade. "Apostasy." New York: MacMillan Publishing Company.

_____. 1987b. Vol. 7. Edited by Mircea Eliade. "Islam." New York: MacMillan Publishing Company.

_____. 1987c. Vol. 9. Edited by Mircea Eliade. "Madhhab." New York: MacMillan Publishing Company

The Guardian Weekly. 21 May 1995. Jennifer Griffin. "Mullahs Unleash Their Wrath Against Converts." (CISNET)

Human Rights Commission of Pakistan (HRCP). February 1998. State of Human Rights in 1997. Lahore: HRCP.

HRCP Newsletter [Lahore]. July 1998. "Minorities: Actions Against Ahmadis: Dire Threat to a Convert."

International Commission of Jurists (ICJ). 1987. Rights of Religious and Other Minorities. Geneva: ICJ. (Cited in PAK1705 of 4 Aug. 1989)

Religion in Politics: A Worldwide Guide. 1989. Edited by Stuart Mews. Chicago: St. James Press.

United Nations (UN). Economic and Social Council. Commission on Human Rights. 2 January 1996. (E/CN.4/1996/95/Add.1). Implementation of the Declaration on the Elimination of all Forms of Intolerance and of Discrimination Based on Religion or Belief: Report Submitted by Mr. Abdelfattah Amor, Special Rapporteur, in Accordance with Commission on Human Rights Resolution 1995/23. (Cited in PAK26526.E of 10 June 1997)

The Voice of the Martyrs [Bartlesville, Okla.]. October 1997. "Pakistan: 'My Only Peace'." (CISNET)

Attachment

The Encyclopedia of Islam: New Edition. 1993. Vol. 7. Edited by C.E. Bosworth et al. "Murtadd." New York: Leiden, pp. 635-36.

Additional Sources Consulted

Asia Watch [NY]. Monthly. 1993.

The Code of Criminal Procedure. Act V of 1898. With Commentary Incorporating All Amendments and Case Laws With Law Reform (Amendment) Ordinance, 1966. 1966.
Gibb, H.A.R. 1970.

Mohammedanism.

The Pakistan Penal Code 1860 with Comments. 1996.
Rahman, Fazlur. 1966.

Islam.

Research Directorate. July 1998.

Contextual Information Package: Pakistan.

Schuon, Frithjof. 1963.

Understanding Islam.

Electronic sources: IRB Databases.