Freedom of Religion and Apostasy Laws: Tensions Between Islamic Jurisprudence and International Human Rights Standards

Abstract

This article examines the tension between classical Islamic apostasy doctrines and modern international human rights standards on freedom of religion. Using doctrinal and comparative analysis, it explores scriptural foundations, state practices, and human rights norms. The study finds that reformist interpretations and constitutional protections offer viable pathways for reconciling Islamic jurisprudence with international obligations. Freedom of religion is one of the core tenets of modern international human rights law. However, its normative contours become complex when examined alongside doctrines in traditional Islamic jurisprudence fqih that prescribe penalties for apostasy. This article analyses the legal and philosophical tensions between apostasy laws rooted in classical Islamic jurisprudential frameworks and international human rights norms enshrined in treaties like the International Covenant on Civil and Political Rights ICCPR. Through doctrinal analysis, case studies, and comparative insights, the article critiques the implications and seeks pathways for normative reconciliation