February 19, 2009

WASHINGTON, DC – The Institute on Religion and Public Policy condemns the life sentences of 20 years in prison handed down Feb. 15 by an Afghan court to two men for distributing a translation of the Quran in 2007.

The Kabul men, Ahmad Ghaws Zalmai (pictured at left) and cleric Qari Mushtaq Ahmad (at right), helped print 1,000 copies of an Afghan language translation of the Quran. Because the translation did not have the original Arabic verses of the Quran, Islamic clerics accused the men of breaking Shariah law by modifying the holy book. They labeled them infidels and called for their execution.

"While the two men have escaped death, it is still unacceptable for them to have received a virtual life sentence for practicing their faith," said Institute President Joseph K. Grieboski. "The sentence of the appeals court simply emphasizes how Afghanistan's judiciary is unduly influenced by Shariah law. The men plan to appeal to the Supreme Court, and we hope the court overturns their sentences."

Zalmai and Ahmad's case shows Afghan courts reverting to Islamic law in the absence of secular statutes, and underscores the country's legal and constitutional ambiguities that end in harming its religious freedom. Islam is Afghanistan's official state religion and the constitution states that "no law can be contrary to the beliefs and provisions of the sacred religion of Islam." While Afghanistan has made commitments to observe international human rights standards, the law currently has gaps or is vague on points such as blasphemy or conversion, leaving them open to strict Islamic interpretation.

The three-judge panel of the appeals court found the men guilty of modifying the Quran and upheld the 20-year lower court sentence. When reading out the sentence, Chief Judge Abdul Salam Qazizada said under Islamic Shariah law, "He who commits such an act is an infidel and should be killed."

Institute on Religion and Public Policy