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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, perjury causing execution of an innocent person (which is almost always considered to be murder in countries or subregions of countries that retain the death penalty), prostitution, sorcery and witchcraft, theft, and treason.
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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 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 [update] 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 [update] , 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]
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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]
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]
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.
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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 ]
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The following countries allow capital punishment for drug trafficking:[ citation needed ]
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]
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The following countries impose the death penalty for espionage:
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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] .
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]
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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 ]
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:
Saudi Arabia, [49] [50] and Iran impose the death penalty for sorcery and witchcraft.[ citation needed ]
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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").
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The following countries still allow capital punishment for treason:
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 Arabic, the term sharīʿah refers to Allah's immutable divine law and this is contrasted with fiqh, which refers to its interpretations by Islamic scholars. Fiqh, practical application side of sharia in a sense, was elaborated over the centuries by legal opinions issued by qualified jurists and sharia has never been the sole valid legal system in Islam historically; it has always been used alongside customary law from the beginning, and applied in courts by ruler-appointed judges, integrated with various economic, criminal and administrative laws issued by Muslim rulers.
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 regard blasphemy as a crime, including insulting the Islamic prophet Muhammad in Islam, speaking the sacred name in Judaism, and blasphemy of the Holy Spirit is an eternal sin in Christianity. It was also a crime under English common law.
The Kingdom of Saudi Arabia is an Islamic absolute monarchy in which Sunni Islam is the official state religion based on firm Sharia law. Non-Muslims must practice their religion in private and are vulnerable to discrimination and arrest. While no law requires all citizens to be Muslim, non-Muslim foreigners attempting to acquire Saudi Arabian nationality must convert to Islam. Children born to Muslim fathers are by law deemed Muslim.
Hudud is an Arabic word meaning "borders, boundaries, limits". In the religion of Islam, it refers to punishments that under Islamic law (sharīʿah) are believed to be mandated and fixed by God, i.e. prescribed punishments, as opposed to 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).
In Islam, blasphemy is impious utterance or action concerning God, but is broader than in normal English usage, including not only the mocking or vilifying of attributes of Islam but denying any of the fundamental beliefs of the religion. Examples include denying that the Quran was divinely revealed, the Prophethood of one of the Islamic prophets, insulting an angel, or maintaining God had a son.
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.
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.
A blasphemy law is a law prohibiting blasphemy, which is the act of insulting or showing contempt or lack of reverence to a deity, or sacred objects, or toward something considered sacred or inviolable. According to Pew Research Center, about a quarter of the world's countries and territories (26%) had anti-blasphemy laws or policies as of 2014.
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.
Afghanistan uses Sharia as its justification for punishing blasphemy. The punishments are among the harshest in the world. Afghanistan uses its law against blasphemy to persecute religious minorities, apostasy, dissenters, academics, and journalists.
The Federal Republic of Nigeria operates two court systems. Both systems can punish blasphemy. The Constitution provides a customary (irreligious) system and a system that incorporates Sharia. The customary system prohibits blasphemy by section 204 of Nigeria's Criminal Code.
The use of politically and religiously-motivated violence dates back to the early history of Islam. 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.
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.
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.
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.
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.
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.
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."
Laws of apostasy and punishment using the death penalty gradually lost their importance in [Western] societies. In the face of this global trend, today [2015], Islam seems to be the only major religion to maintain that conversion away from the religion (apostasy) must be punished with death. In a number of Muslim-majority countries such as Saudi Arabia, apostasy laws and the associated death penalty still prevail.
Reformist websites report that Ayatollah Mostafa Mohaghegh Damad, a leading instructor in Iran's seminary city of Qom, has sought to rally other clerics to oppose the use of moharebeh charges against political protesters.
... was executed following repeated convictions for drinking alcohol
Any of the following categories of persons shall be sentenced to fixed-term imprisonment of not less than ten years, life imprisonment or death, and concurrently be sentenced to a fine of not less less than 50,000 yuan and not more than 500,000 yuan or confiscation of property: (1) those principal criminals of a currency counterfeit group; (2) those with an especially huge amount of counterfeited currency; or (3) those with other especially serious circumstances.
Whoever commits a crime mentioned in Article 192 , Article 194 or Article 195 of this Section shall, if the amount involved is especially huge and an especially heavy loss of the interests of the state and the people is caused, be sentenced to life imprisonment or death, and concurrently be sentenced to confiscation of property.
Under any of the following circumstances, the offender shall be sentenced to fixed-term imprisonment of not less than ten years or life imprisonment, and concurrently be sentenced to a fine or confiscation of property. If the circumstances are especially serious, the offender shall be sentenced to death, and concurrently be sentenced to confiscation of property: [...] (4) enticing or forcing the woman who is abducted and trafficked in to engage in prostitution, or selling such woman to any other person or persons who will force the woman to engage in prostitution;
If any crime of endangering the state security mentioned above in this Chapter, except those mentioned in the second paragraph of Articles 103, Article 105 , Article 107 and Article 109 , causes especially serious harm to the state and the people and the circumstances are especially flagrant, the death penalty may be imposed.
were publicly lashed for various offenses, including adultery, running away from home, theft, homosexuality, drinking alcohol, forgery and drug trafficking.
The ISNA reported that the 31-year-old kidnapped two 15-year-olds.
