Apostasy, foreign fighters and religious freedom in the Maldives: a policy paper

Among the biggest challenges facing the Maldives today include Maldivians (even if rarely) leaving our holy religion of Islam; openly demeaning Islam and talking and making calls against religion; going to war in the name of religion, committing assault and acts of war in the name of religion; and among people who hold such ideologies, acts of intimidation and bullying, both openly and secretly, of people who hold different views or are known to hold different views from the individual or group. And it is a tragic reality we have to accept today that such things have been multiplying and through that, physical harm and incidents of murder are occurring.

In addition to problems arising at the individual level due to such acts, further social problems are being created as a consequence of such acts. And as these matters occur and arise out of faith and ideological beliefs, we have to accept that the opportunity exists for sectarian ideologies taking hold and (if proper action is not taken while there’s a climate for it) things getting out of hand. It is a reality today that such currents are passing in the country. And likewise, social issues faced by women, children, and the elderly belonging to such families because of this have become matters that must be resolved as a priority.

Although such matters are domestic problems within the Maldives, they were created and rooted in international ideological warfare. While efforts to strengthen the power of such ideologies in every continent are carried out with a plan and incalculable funding, and even though it is felt that such things are relatively rare in the Maldives, we have to know that these are not problems that are limited or can be limited to the territory of the Maldives. The work done and policies formulated by the Maldives to address this also should be done with intelligence and wisdom.

And likewise, we should know that in addition to challenges faced from within to the efforts to resolve these matters, problems posed from outside will be considerable. We have to know that, while the objective of some such people is to give space to other religions beside Islam and to allow for such actions and norms in our society, the objective of others is to radicalise Islamic ideology, provide space for extremist thoughts, actions, and norms  in Maldivian society, to make the Maldives a place for people with extremist ideologies to live in, and to facilitate such things at a state level. And we have to know with modern technology, transport, and communications these “wars” are being carried out with great force.

Openly leaving Islam (apostasy)

Going to war abroad in the name of religion and committing assault and acts of war in the name of religion

Mocking and insulting Islam, spreading false information about Islam, and what constitutes “hate speech”

To maintain the Maldives as a 100 percent Muslim state

Counselling the apostate, explaining the principles of Islam, offering an opportunity for them to revert to Islam. And if they rejoin Islam by using this opportunity, for the state to provide religious and psychological help that the person needs.

If a Maldivian remains without rejoining Islam, to determine that a court will decide if the person is an apostate

The procedural rules to decide if a Maldivian has become an apostate should be based both on the person’s psychological capabilities and standards or criteria set by the highest authority for Islamic fatwas established under law number 94/6 (Religious Unity Act)

After investigating such an issue, if a person is determined to be an apostate by trial, for that person to be removed from society for a certain period set by law. And like civil measures can be taken, for that person not to be eligible for parole or clemency or any other leniency to their sentence.

If a Maldivian leaves religion and it comes to the attention of the minister, the highest authority on Islam, the state should take lead in implementing the above.

If a case of a Maldivian leaving religion comes to the attention of the state before the implementation of this policy, the case can be looked into again under this policy.

To arrange for the above within the legal framework.

To research the legal framework to address going to war abroad, murder in the name of religion, and acts of war, and to impose harsher penalties for such actions

For the problems under this heading, and for those that fund and aid such issues, to suspend or narrow under certain situations, the right to remain silent, freedom of movement, privacy for personal transactions and communications.

For such people to not be given parole, clemency, or any other leniency

To arrange for the above within the legal framework

To make “hate speech” targeting certain groups or people with certain ideologies to create and spread hatred and anger a criminal offence, and to arrange to stop such acts.

To block access to websites and blogs that are specialized for this in the Maldives.

To work to shut down social media pages created for this (with a court warrant if necessary) by appealing to the page host.

To take action within the legal framework against people who are writing such things published on social media

If it is done by someone living abroad, to take action using international frameworks within the relevant system (through Interpol or bilateral relationships)

To review and commit house arrest and fines as punishments in law for such actions

To find solutions to the challenges of finding out who is committing such actions, investigate, and take action against them

To arrange for the above within the legal framework