Capital punishment for non-violent offenses

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Capital punishment for offenses is allowed by law in some countries. Such offenses include adultery, apostasy, blasphemy, corruption, drug trafficking, espionage, fraud, homosexuality and sodomy not involving force, perjury causing execution of an innocent person (which, however, may well be considered and even prosecutable as murder), prostitution, sorcery and witchcraft, theft, treason and espionage. In addition to civilian treason and espionage, often considered capital crimes against the state where the death penalty is retained, military laws frequently ordain execution for serious offences, including in jurisdictions where capital punishment is illegal or obsolete under civilian law.

Contents

Adultery

The following countries impose the death penalty for adultery: Afghanistan, Brunei, [1] Iran, Maldives, Mauritania, Nigeria, Pakistan[ citation needed ], Saudi Arabia, Somalia, Yemen, Sudan, Qatar.

Apostasy and blasphemy

Apostasy means renouncing/abandoning/leaving one's religion for another religion (known as conversion) or irreligion (known as deconversion or disaffiliation, including to stances such as atheism, agnosticism and freethought). In the 21st century, this is considered a crime only for Muslims, in a limited number of countries and territories (twenty-five as of 2014 according to Pew Research Center, all of which were located in Africa or Asia [2] ), about ten of which include capital punishment as a penalty for it; other jurisdictions may inflict less severe punishments such as imprisonment, a fine or loss of some civil rights, notably one's marriage and child custody. [2] Converting a Muslim to another religion or irreligion is sometimes also criminalised as being an 'accomplice to apostasy'. [3] Apostasy is not known to be a crime liable to any type of penalty for adherents of any other religion in any country in the 21st century. [4] Article 18 of the Universal Declaration of Human Rights (1948) includes the 'freedom to change [one's] religion or belief', therefore any obstruction of apostasy is considered a human rights violation in international law. [4]

Blasphemy means insult, defamation or desecration (sacrilege) of something that or someone who is deemed holy in one or more religions. Unlike apostasy, the religious status of the person suspected or accused of blasphemy is generally regarded as irrelevant; for example, a Muslim may be accused of 'blaspheming' a thing or person deemed holy by some Christians (or Christian organisation or authority), and vice versa, even if that thing or person is not 'holy' to the suspect. In the 21st century, blasphemy is much more widely criminalised than apostasy, in jurisdictions around the world, and is influenced by several religions including Christianity, Islam and Judaism. [2] As of July 2020, blasphemy could be punished by the death penalty in eight countries, all of which were Muslim-majority. [5]

In some jurisdictions influenced by Sharia (Islamic law), apostasy and blasphemy are closely linked offences. 'Apostasy', or 'public expression of apostasy', is sometimes considered a form, or evidence of, blasphemy; it is then prosecuted as such, even though 'apostasy' itself may not be a crime. [6] This has occurred for example in Pakistan. Likewise, blasphemy is sometimes considered a form, or evidence of, apostasy, and is then prosecuted as such, even though 'blasphemy' itself may not be a (capital) crime. An example of where this situation can occur is Qatar. [7]

Apostasy and blasphemy tend to be closely legally linked to atheism. Formally, being an atheist—or otherwise non-religious person—itself is not an offence in any country, but in practice it is difficult to be an atheist without being able to become an atheist (which is legally impossible for Muslims in many countries, some of which impose capital punishment) or while needing to keep it a secret to everyone that one is an atheist. Therefore, although there is a technical difference between becoming an atheist (a form of apostasy), being an atheist (atheism), and expressing that one is an atheist (which is considered a form of 'blasphemy' by some), some commentators frame the legal situation such that 'being an atheist is punishable by death' [8] or that 'atheism is punishable by the death penalty' in some countries. [9]

Apostasy

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Death penalty for apostasy Apostasy laws world map.svg
  Death penalty for apostasy

As of July 2020, apostasy by Muslims (ridda) carries the death penalty in the following countries: Afghanistan, Brunei, Iran, the Maldives, Mauritania, Qatar, Saudi Arabia, Somalia (implicitly), the United Arab Emirates, and Yemen. Malaysia's states Kelantan and Terengganu mandate the death penalty for apostasy, but federal law prohibits execution for this purpose; due to this, it is never implemented in practice. [3] Likewise in Nigeria, some northern states have adopted Sharia law, although execution for apostasy would violate the Federal Constitution, and it is therefore uncertain whether death sentences could actually be carried out. [10]

State laws on apostasy in Malaysia. Criminal offences include 'apostasy', 'attempted apostasy' and being an 'accomplice to the apostasy' of someone else (i.e. converting another person).
Death penalty (suspended by federal law)
Imprisonment or detention
Apostasy not legally possible
Apostasy legally possible after counselling State laws on apostasy in Malaysia.svg
State laws on apostasy in Malaysia. Criminal offences include 'apostasy', 'attempted apostasy' and being an 'accomplice to the apostasy' of someone else (i.e. converting another person).
  Death penalty (suspended by federal law)
  Imprisonment or detention
  Apostasy not legally possible
  Apostasy legally possible after counselling
Blasphemy (conceived as 'a deviation from Sunni Islam') is frequently considered a form of apostasy and may be prosecuted as such (contrary to other jurisdictions, where apostasy is sometimes used as evidence of blasphemy). In a 2012 incident, Saudi authorities detained two men and charged them with apostasy for adopting the Ahmadiyya interpretation of Islam. [6] [20]

Blasphemy

Death penalty for blasphemy Blasphemy laws worldwide.svg
  Death penalty for blasphemy

As of July 2020, blasphemy can be punished by death in Afghanistan, Brunei, Iran, Mauritania, Nigeria (some northern states), Pakistan, Saudi Arabia and Somalia (al-Shabaab-controlled areas). [5]

In modern-day Iran, such charges are brought against political protesters for civil unrest and disobedience (moharebeh) and reformers or political opponents for treason (mofsed-e-filarz), and not aimed at nonbelievers or religious dissenters. The regime periodically executes dozens of prisoners under the guise of these religious offences. For example, in the aftermath of the Mahsa Amini protests, by December 2022, forty-three Iranians had been sentenced to death for moharebeh or mofsed-e-filarz due to their purported involvement. Similarly, there was an upsurge in executions for these crimes following the 2009 Iranian election protests. [28] [29] [30] Although the argument for this use is that opposition to the Islamic state is akin to defiance of Allah, this is not the mainstream Islamic scholarly view. [31] As journalist Brian Murphy explained in a 2009 Associated Press article: [30]

The concept has its roots in a Quranic verse that calls for death, maiming or banishment for those who "wage war" against God, the Prophet Muhammad or bring corruption into society. Many Islamic scholars interpret the references to acts that defy universal codes such as intentionally killing civilians during warfare or causing random destruction.

As such, there has been opposition from clerics within Iran to the use of moharebeh charges against political protesters. [30]
Apart from its political applications, use of the moharebeh or mofsed-e-filarz concepts to prosecute individuals for actual denunciation of Islam or sacrilegious acts is intended to penalise "insulting Islam", and "publishing materials that deviate from Islamic standards"; members of religious minorities (non-Shīʿa, in addition to non-Muslim) are mostly targeted for these transgressions. [32] [33] A clause of this section of the penal code provides for remission of the death penalty to 74 lashes instead, if a convicted person professes that the blasphemy was a mistake or made in anger. [13]

Corruption

The following countries impose the death penalty for corruption: China, Indonesia (some acts of corruption which "damage national economy or finances"), Morocco, Thailand (bribery), Vietnam (bribery).[ citation needed ]

Drug offences

Capital punishment for drug offences
Only under certain conditions Capital punishment for drugs world map.svg
  Capital punishment for drug offences
  Only under certain conditions

The following countries allow capital punishment for drug trafficking:[ citation needed ]

Alcohol offences

Possessing or using alcoholic beverages is illegal or highly restricted in some countries. [38] [39] There has been at least one report of an execution for an alcohol-related offence. In 2020, Amnesty International reported that a man was sentenced to death in Iran for "repeated convictions for drinking alcohol". The sentence of death was carried out. In those states where alcohol is illegal or highly restricted—including, in most circumstances, in Iran—the penalties are generally fines, jail sentences, or corporal punishments such as whipping. [40]

Espionage

The following countries impose the death penalty for espionage:

Fraud

China and Vietnam impose the death penalty for fraud.[ citation needed ] In the case of China, it can be the punishment for distributing counterfeit currency. [41] Moreover, especially damaging cases of financial fraud may also carry such penalty. [42]

Homosexuality and sodomy

Laws regarding homosexuality
Capital punishment
Death penalty on books but not applied World laws pertaining to homosexual relationships and expression.svg
Laws regarding homosexuality
  Death penalty on books but not applied

According to the ILGA, there are six countries which under law allow capital punishment for same-sex sexual acts: Brunei, Iran, Mauritania, Nigeria (in part: northern states only), Saudi Arabia, and Yemen. There are five others for which the situation is less certain legally, but where capital punishment for same-sex sexual acts may apply: Afghanistan, Pakistan, Qatar, Somalia (including Somaliland), and the United Arab Emirates. [43]

In 2023, Uganda passed the Anti-Homosexuality Act, 2023 which introduced harsher penalties for homosexual acts. Section 3 of the act created an offence of "aggravated homosexuality" which is liable to the death penalty. This is defined as sexual intercourse with a person over 75 or child under 18, a person not consenting or unable to consent, or a disabled or mentally ill person. Those convicted of homosexual offences multiple times are also defined as "aggravated homosexuals". [44]

In July 2020, the sodomy law of Sudan, that previously punished gay men with up to 100 lashes for the first offence, five years in jail for the second and the death penalty the third time around, was abolished, with new legislation reducing the penalty to prison terms ranging from five years to life. [45]

Perjury

The following countries impose the death penalty for perjury causing the wrongful execution of an innocent person:

Most U.S. states, as well as most countries around the world that retain capital punishment, would normally consider perjury causing execution of an innocent person as murder and punish it the same way;[ citation needed ] often by death or life without parole. In Nebraska and Colorado, perjury causing execution of an innocent person is considered by law as an act of first-degree murder, punishable by death or life without parole. In California, perjury causing execution of an innocent person is a discrete offence and is separated from laws regarding murder or homicide; it is also punishable by death or life without parole. (In comparison, in this jurisdiction, first-degree murder is punished by death, life without parole or 25 years to life in prison). Some countries, such as Morocco and Mauritania, punish perjury by death when any person who is innocent has been sentenced to death for any reason. Even if the execution does not occur, perjury causing someone to be sentenced to death in itself is a death-eligible offence in these countries.[ citation needed ]

Prostitution

Iran, [46] [47] North Korea, Sudan, and Yemen provide for capital punishment for prostitution.[ citation needed ]

The following countries impose the death penalty for various offences related to prostitution:

Sorcery and witchcraft

Saudi Arabia, [49] [50] and Iran impose the death penalty for sorcery and witchcraft.[ citation needed ]

Theft

The following countries impose the death penalty for theft: Afghanistan; Algeria and Cameroon (both for "aggravated theft"); China; Iran and Saudi Arabia (both for "recidivist theft"); North Korea ("grand theft").

Treason

The following countries still allow capital punishment for treason:

See also

Related Research Articles

Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in such a manner is known as a death sentence, and the act of carrying out the sentence is known as an execution. A prisoner who has been sentenced to death and awaits execution is condemned and is commonly referred to as being "on death row". Etymologically, the term capital refers to execution by beheading, but executions are carried out by many methods, including hanging, shooting, lethal injection, stoning, electrocution, and gassing.

Sharia,Sharī'ah, Shari'a, Shariah or Syariah is a body of religious law that forms a part of the Islamic tradition based on scriptures of Islam, particularly the Qur'an and hadith. In Islamic terminology sharīʿah refers to immutable, intangible divine law; contrary to fiqh, which refers to its interpretations by Islamic scholars.

<span class="mw-page-title-main">Apostasy</span> Formal disaffiliation from or abandonment or renunciation of a religion

Apostasy is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that is contrary to one's previous religious beliefs. One who undertakes apostasy is known as an apostate. Undertaking apostasy is called apostatizing. The term apostasy is used by sociologists to mean the renunciation and criticism of, or opposition to, a person's former religion, in a technical sense, with no pejorative connotation.

Blasphemy refers to an insult that shows contempt, disrespect or lack of reverence concerning a deity, an object considered sacred, or something considered inviolable. Some religions, especially Abrahamic ones, regard blasphemy as a crime, including insulting the Islamic prophet Muhammad in Islam, speaking the sacred name in Judaism, and blasphemy of God's Holy Spirit is an eternal sin in Christianity. It was also a crime under English common law, and it is still a crime under Italian law.

Freedom of religion in Mauritania is limited by the Government. The constitution establishes the country as an Islamic republic and decrees that Islam is the religion of its citizens and the State.

<i>Hudud</i> Category of prescribed punishments in Islamic law

Hudud is an Arabic word meaning "borders, boundaries, limits". In classical Islamic literature, punishments are mainly of three types; Qisas-diya, hudud and Ta'zeer. Hudud covers the punishments given to people who exceed the limits associated with the Quran and deemed to be set by Allah, and in this respect it differs from Ta'zeer. These punishments were applied in pre-modern Islam, and their use in some modern states has been a source of controversy.

Apostasy in Islam is commonly defined as the abandonment of Islam by a Muslim, in thought, word, or through deed. It includes not only explicit renunciations of the Islamic faith by converting to another religion or abandoning religion, but also blasphemy or heresy by those who consider themselves Muslims, through any action or utterance which implies unbelief, including those who deny a "fundamental tenet or creed" of Islam. An apostate from Islam is known as a murtadd (مرتدّ).

<span class="mw-page-title-main">Stoning</span> Method of capital punishment

Stoning, or lapidation, is a method of capital punishment where a group throws stones at a person until the subject dies from blunt trauma. It has been attested as a form of punishment for grave misdeeds since ancient times.

<span class="mw-page-title-main">Sharia in Nigeria</span> Islamic law in Nigeria

In Nigeria, Sharia has been instituted as a main body of civil and criminal law in twelve Muslim-majority states since 1999, when then-Zamfara State governor Ahmad Sani Yerima began the push for the institution of Sharia at the state level of government. A "declaration of full Sharia law" was made in the twelve states in that year, and the states created Islamic legal institutions such as a Sharia Commission, and Zakat Commission, and a hisbah. According to some critics, the adoption of Sharia law violates Article 10 of the Nigerian constitution guaranteeing religious freedom.

<span class="mw-page-title-main">Blasphemy law in Saudi Arabia</span>

Saudi Arabia's laws are an amalgam of rules from Sharia, royal decrees, royal ordinances, other royal codes and bylaws, fatwas from the Council of Senior Scholars and custom and practice.

The use of politically and religiously-motivated violence in Islam dates back to its early history. Islam has its origins in the behavior, sayings, and rulings of the Islamic prophet Muhammad, his companions, and the first caliphs in the 7th, 8th, and 9th centuries CE. Mainstream Islamic law stipulates detailed regulations for the use of violence, including corporal and capital punishment, as well as regulations on how, when, and whom to wage war against.

<span class="mw-page-title-main">Religion in Mauritania</span>

The people of Mauritania are overwhelmingly adherents of Sunni Islam, of the Maliki school of jurisprudence.

Sharia means Islamic law based on Islamic concepts based from Quran and Hadith. Since the early Islamic states of the eighth and ninth centuries, Sharia always existed alongside other normative systems.

<span class="mw-page-title-main">Irreligion in Afghanistan</span>

According to a study by Humanists International (HI), Afghanistan is one of the seven countries in the world where being an atheist or a convert can lead to a death sentence. According to the 2012 WIN-Gallup Global Index of Religion and Atheism report, Afghanistan ranks among the countries where people are least likely to admit to being an atheist.

The legal system in the United Arab Emirates is based on civil law, and Sharia law in the personal status matters of Muslims and blood money compensation. Personal status matters of non-Muslims are based on civil law. The UAE constitution established a federal court system and allows all emirates to establish local courts systems. The emirates of Abu Dhabi, Dubai and Ras Al Khaimah have local court systems, while other emirates follow the federal court system. Some financial free trade zones in Abu Dhabi and Dubai have their own legal and court systems based on English common law; local businesses in both emirates are allowed to opt-in to the jurisdiction of common law courts for business contracts.

<span class="mw-page-title-main">Capital punishment in Islam</span> Overview of the death penalty in Islam

Capital punishment in Islam is traditionally regulated by the Islamic law (sharīʿa), which derived from the Quran, ḥadīth literature, and sunnah. Crimes according to the sharīʿa law which could result in capital punishment include apostasy from Islam, murder, rape, adultery, homosexuality, etc. Death penalty is in use in many Muslim-majority countries, where it is utilised as sharīʿa-prescribed punishment for crimes such as apostasy from Islam, adultery, witchcraft, murder, rape, and publishing pornography.

<span class="mw-page-title-main">Capital punishment for homosexuality</span>

Capital punishment as a criminal punishment for homosexuality has been implemented by a number of countries in their history. It is a legal punishment in several countries and regions, all of which have sharia-based criminal laws, except for Uganda.

<span class="mw-page-title-main">Mohamed Cheikh Ould Mkhaitir</span> Mauritanian blogger (born 1985)

Mohamed Cheikh Ould Mkhaitir is a Mauritanian blogger who was a political prisoner from 2014 to 2019. He was sentenced to death after he wrote an article critical of Islam and the caste system in Mauritania, after which he became a designated prisoner of conscience by Amnesty International. He now lives in exile in France due to concerns for his safety.

Capital punishment in Brunei Darussalam is a legal penalty, applicable to a number of violent and non-violent crimes in the Sultanate. Along with offences such as murder, terrorism, and treason, other crimes have become liable to the death penalty since the phased introduction of sharia from 2014. This includes homosexual activity since April 2019. Legal methods of execution in Brunei are hanging and, since 2014, stoning. The last execution in Brunei occurred in 1957, while it was still a British Protectorate.

<span class="mw-page-title-main">Apostasy in Islam by country</span> Statistics of people leaving Islam by country

The situation for apostates from Islam varies markedly between Muslim-minority and Muslim-majority regions. In Muslim-minority countries, "any violence against those who abandon Islam is already illegal". But in some Muslim-majority countries, religious violence is "institutionalised", and "hundreds and thousands of closet apostates" live in fear of violence and are compelled to live lives of "extreme duplicity and mental stress."

References

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Further reading