At Dhimmi Watch, Robert Spencer has published the full text of an important paper presented to the UN Commission on Human Rights by noted Islamic apostate Ibn Warraq: Islam, Apostasy, and Human Rights. A must-read.

The various Islamic human rights schemes or declarations - such as the Universal Islamic Declaration of Human Rights (1981) are understandably vague or evasive on the issue of the freedom to change one’s religion, since Islam itself clearly forbids apostasy and punishes it with death. As Elisabeth Mayer says, “The lack of support for the principle of freedom of religion in the Islamic human rights schemes is one of the factors that most sharply distinguishes them from the International Bill of Human Rights, which treats freedom of religion as an unqualified right. The [Muslim] authors’ unwillingness to repudiate the rule that a person should be executed over a question of religious belief reveals the enormous gap that exists between their mentalities and the modern philosophy of human rights.” Islamic Human Rights Schemes are clearly not universal since they introduce a specifically Islamic religious criterion into the political sphere, whereas the UDHR of 1948 places human rights in an entirely secular and universalist framework. The Islamic human rights schemes severely restrict and qualify the rights of individuals, particularly women, non-Muslims and those, such as apostates, who do not accept Islamic religious orthodoxy.

As for the constitutions of various Muslim countries, while many do guarantee freedom of belief (Egypt,1971; Syria, 1973; Jordan, 1952) some talk of freedom of conscience (Algeria:1989), and some of freedom of thought and opinion (Mauritania: 1991). Islamic countries with two exceptions do not address the issue of apostasy in their penal codes; the two exceptions are the Sudan, and Mauritania. In the Sudanese Penal Code of 1991, article 126. 2, we read: “Whoever is guilty of apostasy is invited to repent over a period to be determined by the tribunal. If he persists in his apostasy and was not recently converted to Islam, he will be put to death.” The Penal Code of Mauritania of 1984, article 306 reads: “ … All Muslims guilty of apostasy, either spoken or by overt action will be asked to repent during a period of three days. If he does not repent during this period, he is condemned to death as an apostate, and his belongings confiscated by the State Treasury.” This applies equally to women. The Moroccan Penal Code seems only to mention those guilty of trying to subvert the belief of a Muslim, or those who try to convert a Muslim to another religion. The punishment varies between a fine and imprisonment for anything up to three years.

The absence of any mention of apostasy in some penal codes of Islamic countries of course in no way implies that a Muslim in the country concerned is free to leave his religion. In reality, the lacunae in the penal codes are filled by Islamic Law. Mahmud Muhammad Taha was hanged for apostasy in 1985, even though at the time the Sudanese Penal Code of 1983 did not mention such a crime.