COMMON ANALYSIS
Last update: January 2023
This profile covers persons who are considered to have abandoned or renounced the religious belief or principles of Islam (apostasy), as well as persons considered to have spoken sacrilegiously about God or sacred things (blasphemy). It includes individuals who have converted to a new faith, based on their genuine inner belief (e.g. converts to Christianity), as well as those who disbelieve or lack belief in the existence of God (atheists). It can be noted that, often, the latter grounds would be invoked sur place (Article 5 QD).
COI summary
The Taliban de facto government suspended the previous Islamic Republic of Afghanistan’s constitution and announced a review of the compliance of existing Afghan laws with sharia. However, as of early 2022, the applicable legal framework remained unclear [Security 2022, 1.2.3, p. 29].
Apostasy is a crime defined by sharia and includes conversion and proselytising to convince individuals to convert from Islam. Reportedly, ‘appropriate’ punishments for apostates in Sunni Hanafi jurisprudence are beheading for men and life imprisonment for women, unless the individual repents. Property may also be confiscated, and apostates can be prevented from inheriting property [Targeting 2022, 1.3.1, p. 42).
The Taliban see those individuals who preach against them or contravene their interpretations of Islam as ‘apostates’ [Country Focus 2022, 1.4, pp. 25-28; Society-based targeting, 2.7, pp. 29-30; Anti-government elements, 2, pp. 16-19].
There is low societal tolerance in Afghanistan for criticism of Islam. Blasphemy was reportedly also a capital crime according to Sunni Hanafi jurisprudence and could include ‘anti-Islamic writings or speech’ [Targeting 2022, 1.3.1, p. 42].
Individuals who hold views that can be perceived as having fallen away from Islam, such as converts, atheists and secularists, cannot express their views or relationship to Islam openly, at the risk of sanctions or violence, including by their family. Such individuals must also appear outwardly Muslim and fulfil the behavioural religious and cultural expectations of their local environment, without this being a reflection of their inner conviction [Society-based targeting, 2.3, pp. 25-27; 2.4, pp. 27-28].
According to the ISKP, Muslim allies of the West, but also those individuals who practice forms of ‘impure’ Islam, which includes non-Sunnis and Sunnis who practice Sufism or mystical schools of Islam, can be defined as ‘apostates’ [Targeting 2022, 6.6.1, pp. 143-144, 149; Society-based targeting, 2.8, p. 30; Anti-government elements, 3, p. 29].
There has been an increasing number of Afghan converts to Christianity, but there had only been a few converts visible in the past decade in Afghanistan [Society-based targeting, 2.3, pp. 25-26]. One source pointed out that Afghans converting to Christianity were considered apostates and faced ostracization and the threat of honour killings by family and village members’ [Targeting 2022, 1.3.1, pp. 42-43].
Baha’i practitioners and converts to the faith have also been viewed as ‘infidels’ or ‘apostates’ [Targeting 2022, 6.6.2, p. 150; Society-based targeting, 2.5, p. 28].
Risk analysis
Acts reported to be committed against individuals under this profile are of such severe nature that they amount to persecution (e.g. death penalty, killing, violent attacks).
For individuals considered to have committed blasphemy and/or apostasy, including converts, well-founded fear of persecution would in general be substantiated.
Nexus to a reason for persecution
Available information indicates that persecution of this profile is highly likely to be for reasons of religion.