E/CN.4/1993/62
page 90
For Muslims, Islam provides a total system of life, starting even before
birth extending throughout every moment of life. Matters such as infantfeeding, child-rearing, abortion, marriage and divorce, legacy and
inheritance, bargains and contracts, war and peace, international relations,
the treatment of minorities and all other aspects of life are governed in one
way or another by legal rules in the sources of Islamic law. Furthermore,
Muslims consider all these aspects as having the same importance as, let us
say, ritual prayer and fasting. Hence, any problem which arises should be
treated and solved in the way recommended by, or at least in harmony with, the
related rules of Islam."
Accordingly, all aspects of Islamic law should be taken and accepted as a
unit, one total and indivisible system. Hence, apostasy from Islam is
classified as a crime for which ta’zir punishment may be applied. The
punishment is inflicted in cases in which the apostasy is a cause of harm to
the society, while in those cases in which an individual simply changes his
religion the punishment is not to be applied. But it must be remembered that
unthreatening apostasy is an exceptional case, and the common thing is that
apostasy is accompanied by some harmful actions against the society or State.
A comparison between the concept of punishing those who commit apostasy in
Islamic law would be proper as well as useful. Assuredly, the protection of
society is the underlying principle in the punishment for apostasy in the
legal system of Islam.
57.
In a communication sent on 12 November 1992 addressed to the Government
of Sudan, the following information was transmitted by the Special Rapporteur:
"According to the information received, members of Christian religious
and animist believers of Sudan who account for approximately one third of the
country’s population, have been subjected to discrimination, harassment and
persecution which is said to have intensified in June 1990. Their situation
has reportedly deteriorated steadily in 1991, particularly in the south of
Sudan. Non-Muslim southerners reportedly find themselves in a similar
situation in the north of the country and it has been alleged that they are
made to know that their lives would improve if they were to become Muslims.
It has also been alleged that Islamic law has been enforced on non-Muslims
since 1983.
Numerous Christians were reportedly evicted by Muslim landlords from
their homes in Khartoum. Christians are reportedly given jobs which require
them to work on religious holidays and Sundays and the permission to attend
Sunday church services which used to be issued to Christians has been
abolished. Senior and middle-ranking non-Muslim personnel in the civil
service and administration are said to have progressively been removed from
their positions in recent years in the south of the country. Non-Muslims are
reportedly not considered for promotions and their forced retirement has
become widespread. Questions on Islam are reportedly asked during interviews
of all applicants for jobs with the Government.
It has been reported that no new Catholic churches have been built or
repaired in Khartoum since 1969 and that a presidential permission, which is
systematically denied, is required for any construction and restoration of
churches. The situation has been compounded by the alleged renewed