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An Afghan journalist has been sentenced to death by a provincial court for distributing "blasphemous" material.
Sayed Perwiz Kambakhsh, 23, was arrested in 2007 after downloading material from the internet relating to the role of women in Islamic societies.
A primary court in Balkh province said that Kambakhsh had confessed to blasphemy and had to be punished.
The court also threatened to arrest any reporters who protested against Kambakhsh's sentence.
There is no strictly static codified set of laws of sharia. Sharia is more of a system of devising laws, based on the Qur'an (the religious text of Islam), hadith (sayings and doings of Muhammad), (sayings and doings of the early followers of Muhammad), ijma (consensus), qiyas (analogy) and centuries of debate, interpretation and precedent.
It is clear quite clear that under Islamic Law an apostate must be put to death. There is no dispute on this ruling among classical Muslim or modern scholars, and we shall return to the textual evidence for it. Some modern scholars have argued that in the Koran the apostate is threatened with punishment only in the next world, as for example at XVI.106, “Whoso disbelieveth in Allah after his belief –save him who is forced thereto and whose heart is still content with the Faith but whoso findeth ease in disbelief: On them is wrath from Allah. Theirs will be an awful doom.” Similarly in III.90-91, “Lo! those who disbelieve after their (profession of) belief, and afterward grow violent in disbelief, their repentance will not be accepted. And such are those who are astray. Lo! those who disbelieve, and die in disbelief, the (whole) earth full of gold would not be accepted from such an one if it were offered as a ransom (for his soul).Theirs will be a painful doom and they will have no helpers.”
However, Sura II.217 is interpreted by no less an authority than al-Shafi’i(died 820 C.E.), the founder of one of the four orthodox schools of law of Sunni Islam to mean that the death penalty should be prescribed for apostates. Sura II.217 reads: “… But whoever of you recants and dies an unbeliever , his works shall come to nothing in this world and the next, and they are the companions of the fire for ever.” Al-Thalabi and al -Khazan concur. Al-Razi in his commentary on II:217 says the apostate should be killed.
Similarly, IV. 89: “They would have you disbelieve as they themselves have disbelieved, so that you may be all like alike. Do not befriend them until they have fled their homes for the cause of God. If they desert you seize them and put them to death wherever you find them. Look for neither friends nor helpers among them…” Baydawi (died c. 1315-16), in his celebrated commentary on the Koran, interprets this passage to mean: “Whosover turns back from his belief ( irtada ), openly or secretly, take him and kill him wheresoever ye find him, like any other infidel. Separate yourself from him altogether. Do not accept intercession in his regard”. Ibn Kathir in his commentary on this passage quoting Al Suddi (died 745) says that since the unbelievers had manifested their unbelief they should be killed.