Samir Labidi - Tunisia

Jurist

ABSTRACT: "There is a passage in the Koran that says that a person who changes religion must be killed". In some countries there is no right to be legally represented. In Iran, from the revolution to now, religious tribunals devoid of any juridical guarantee have sentenced one hundred thousand political prisoner for their ideas. In Algeria last 28 December the fundamentalists slit the throats of twenty intellectuals. There is a new Salman Rushdie, called Abou Zid, who published a more modern interpretation of Islam. University professor Farsh Fud was sentenced by a clandestine tribunal and killed. But there is also a tolerant vision of Islam, as in Tunisia, where there is a constitution that respects human rights.

("HANDS OFF CAIN", 1 February 1994)

The Koran talked about the death penalty only for certain cases.

The law of an eye for an eye and a tooth for a tooth applies for homicide, but the murderer can save himself if the family of the victim forgives him by accepting a sum of money. It is applied for people who change religion. There is a passage in the Koran that says that a person who changes religion must be killed.

In certain countries, such as Sudan, Saudi Arabia and Iran, there are only very ancient dictates of the Muslim law. They rely exclusively on religious tribunals, for which a political opinion or the fact of being members of a party are a reason for sentencing to the death penalty without any trial guaranties nor the right to legal representation nor the possibility of appealing. In Sudan, during Numei's government, an eminent jurist of Muslim law wrote a book that contained a theoretical interpretation of Islam. For this reason he was sentenced to death, and the international campaign to save him from being executed was useless. In Iran, from the revolution to now, religious tribunals devoid of any juridical, formal or substantial juridical guarantee have sentenced one hundred thousand political prisoners for their ideas or their affiliation to political movements. In Algeria or Egypt, the fundamentalist movement - a very serious reactionary movement that uses terrorism among its weapons - has established cl

andestine courts where anyone who disagrees with the regime is sentenced to death in the name of the Shari'a, or the legislation of Allah.

In Algeria last 28 December the fundamentalists slit the throats of twenty intellectuals. In Egypt a university professor, Farsh Fud, was sentenced to death by a clandestine tribunal and thereafter killed. In these days there is a new Salman Rushdie case: Abou Zid, who published a more modern interpretation of Islam. Groups of fundamentalists have officially asked the Egyptian court to sentence him to death, considering him an apostate also because he has divorced his wife.

In certain Arab-Muslim countries, where the fundamentalist movement is advancing, it is necessary to promote a campaign to guarantee a fair trial to make the right to pardon constitutional.

In opposition to these forms there is a tolerant vision of Islam, which forgives the defendant and which has produced a big difference in the legislations of the Muslim countries.

This category, that of the modern states, includes sub-categories.

In certain countries, such as Tunisia or others that have adopted a constitution after proclaiming their independence, a positive law is applied in the courts, with the right to defense, appeal, final sentence and pardon; all this is formally written in the legislative texts. In Tunisia the international conventions on human rights have been adopted, and forced labour was eliminated four years ago. I believe that in Tunisia, as in the similar countries of the Arab-Muslim area, a sort of abolition "de facto" is in act, because the president of the Republic always grants pardon.