Fathima Rifqa Bary is an American teenager of Sri Lankan descent who drew international attention in 2009 when she ran away from home and claimed that her Muslim parents might kill her for having converted to Christianity. Two independent investigations in Ohio and Florida found no credible evidence that her life was in danger. [1][2][3] A relatively minor issue on the face of it, Ms. Bary's case has become a focal point in a culture clash between Evangelical Christians and Muslim Americans. Muslim sources say it is motivated by Islamophobia, Christian sources say they fear for Bary's life because they believe Islamic Sharia law mandates honor killing for apostasy.
History
Fathima Rifqa Bary is the 17 year old daughter of Mohamed and Aysha Bary, Muslim immigrants from Sri Lanka. She grew up in Columbus, Ohio. the family attended the Noor Islamic Cultural Center near Columbus, Ohio.[4]
According to Time Magazine, Rifqa ran away from home in July 2009 to the home of a Christian pastor in Florida whose wife she had met on Facebook. She had been with Reverend Blake Lorenz and his wife Mrs. Beverly Lorenz for three weeks before they contacted child welfare authorities. Her case drew attention when she appeared on television and declared that her father "said he would kill me or send me back to Sri Lanka," describing herself as the intended victim of an honor killing.[5] A friend from the House of Prayer in Columbus, Ohio, drove her to a bus station where she purchased a ticket under an assumed name for her bus ride to Orlando.[6]
Her parents say they have never threatened to harm her.[7] Her father, a jeweler, told a reporter that "Honestly, we didn't know why she left." And that as to the death threat described by his daughter, "She doesn't know what she's talking about," and "I want her to come back home. I love my daughter whether she's Christian or anything else. I want my daughter back."[8]
Law enforcement investigations
Bary was taken into custody by Florida child welfare authorities while an investigation proceeded. On September 14, 2009 a Florida court ruled that it found no credible evidence that Bary's life or well-being had been threatened by her family.[1][2][3] The FDLE report states with respect to the allegations of physical and verbal abuse that they found no credible evidence of such abuse.[3] In the report Mr. Bary states that he did pick up Rifqa's Laptop to throw it but did not throw it due to the cost of the laptop.[3] For these items they relied on the authorities in Ohio.[3] The FDLE report also listed several statements by Rifqa Bary which were not supported by evidence.[3] Rifqa Bary stated to them that her father did not know about the true nature of her cheerleading, the FDLE report states that pictures of her in uniform were prominently displayed in the Bary home. Furthermore Mr. Bary gave permission when Mrs. Bary would not.[3] Rifqa Bary stated that a teacher offered her refuge due to the abuse she suffered. The FDLE report states that the teacher was unaware of any abuse, and was concerned about parties, with alcohol consumption, which were thrown by Rilvan Bary (Rifqa's older brother) when the parents were away.[3] The FDLE report also stated that they did not investigate anyone in the larger Ohio Muslim community.[3] The FDLE report has been criticized by John Guandolo, an Ex FBI agent writing for the Center for Security Policy who alleges that Islamic Law requires that apostasy is a capital offense.[3][9] The FDLE responds that "FLDE conducted a thorough investigation of this situation."[9]
Public debate
The case "made international headlines."[10] According to the Columbus Dispatch, the story became a flashpoint of hostility between some members of the Christian and Muslim communities after a "cacophony of blogs, cable TV news reports and Facebook pages populated by strangers who assert—assuredly—anything they want to about her faith and her family and what they think should happen to her."[11] Time Magazine calls Bary's case a "cause célèbre." Stating that "Conservative websites often accused of anti-Muslim agendas, such as the Jawa Report, Atlas Shrugs and WorldNetDaily, have been lighting up over the Rifqa fight."[12]
Imam Muhammad Musri of the Islamic Society of Central Florida told the press that the controversy "has been sponsored by far-right religious groups who are intent on demonizing Islam and Muslims and painting the Columbus, Ohio, community with being all extreme and fundamentalist and they're out to kill this poor girl," and that he had "great doubts that any father, especially a Muslim father, would harm his little girl."[11] Harry Coverston, who is a former public defender, an Episcopalian priest, and a professor of religion at the University of Central Florida told a journalist that some people "need an enemy" that will be seen as "demonic and fierce and threatening."[11] Dr. Hany Saqr of the Noor Islamic Cultural Center stated, “These Islamophobes are not only paranoiac but are so manipulative. Their method of guilt by association is comical in a way and dangerous in another."[13] [13]
Apostasy in Islam
Claims on the punishment of apostasy have been central to the debate on the custody of Fathima Rifqa Bary. For example John Guandolo, former FBI agent, criticized the FDLE report based in part on his understanding that Sharia mandates honor killing for apostasy.[9] He also states his belief that the parents attornies, provided by CAIR, are really members of the Muslim Brotherhood.
Modern Islamic scholars hold that apostasy in Sharia was used as a political-religious tool to punish treason against the state and is no longer valid under modern conditions, where no state is based solely on common Muslim faith. Under traditional Islamic law[14], however, an apostate may be given up to three days while in incarceration to repent and accept Islam again, and if not the apostate is to be killed without any reservations. In the period of the early Islamic Caliphate, apostasy was considered treason, and was accordingly treated as a capital offense; death penalties were carried out under the authority of the Caliph.
Sharia law is ultimately based on what Muslims belive are the teachings of God as found in the Qur'an, hadith and sunnah.[15] On the issue of apostasy the Hadith are in agreement, in one Muhamad says "'Whoever changed his Islamic religion, then kill him.'"[16], another says "The blood of a Muslim, who confesses that none has the right to be worshipped but Allah and that I am His Apostle, cannot be shed except in three cases,".[17] He lists adultery, fighting (militarily) against the Muslim community, and murder.[17]. This however can easily bee seen as not extending to apostates, since they no longer confess "that none has the right to be worshiped but Allah and that [Muhamad is] His Apostle". In the Quran "Verily, We sent down to you [O Muhammad] the Book [Qur'an] for mankind in truth. So, whosoever goes astray, he goes astray to his own loss. And you [O Muhammad] are not a guardian over them. (The Quran, Az-Zumar 39:41) This would mean, at least, that the apostate is no longet protected by the Islamic community, he could then be killed in any of the lawful ways under Sharia.
Medieval Muslim scholars (eg Sufyan al-Thawri) and modern (eg Hasan at-Turabi), have argued that the hadith used to justify execution of apostates should be taken to apply only to political betrayal of the Muslim community, rather than to apostasy in general.[18] These scholars argue for the freedom to convert to and from Islam without legal penalty, and consider the aforementioned Hadith quote as insufficient confirmation of harsh punishment; they regard apostasy as a serious crime, but undeserving of the death penalty. Javed Ahmad Ghamidi, an Islamic scholar, writes that punishment for apostasy was part of Divine punishment for only those who denied the truth even after clarification in its ultimate form by Muhammad (see Itmaam-i-hujjat), hence, he considers it a time-bound command and no longer punishable.[19] Jamal Badwi a professor of religion at St Mary's University quoting Dr. Yusuf Al-Qaradawi "The benefit of doubt must be given and only those in legitimate authority and knowledge may deal with such situation as no one is allowed to take the law in their own hands."[20]
The 2006 case of Abdul Rahman is an example of how apostasy is treated by the most radical of muslim states. He was tried and sentenced to death by a court in Afganistan for conversion to Christianity in Afganistan 16 years prior.[21] He was released from jail and was granted asylum in Italy in 2007.[22][23]
References
- ^ a b Fla. police: No credible threat to runaway convert, AP, NOv. 14, 2009 [1]
- ^ a b Fathima Rifqa Bary: No credible reports of threats toward Rifqa, FDLE says; In an investigative report unsealed today, Florida Department of Law Enforcement (FDLE) did not discover any threats toward Rifqa Bary or her family in Ohio, Amy L. Edwards , Orlando Sentinel, Sept. 14, 2009 [2]
- ^ a b c d e f g h i j Florida Department of Law Enforcement Investigative Summary OR-73-1741 Accessed September 15th 2009
- ^ Attorney Targets Alleged Terror Ties in Case of Runaway Girl, Fox News, Aug. 31, 2009 [3]
- ^ A Florida Culture-War Circus Over Rifqa Bary, Time Magazine, Tim Padgett, Aug. 24, 2009 [4]
- ^ Fla. police: No credible threat to runaway convert, AP, Nov. 14, 2009 [5]
- ^ Runaway convert to stay in Fla. pending hearing, (AP) Aug 21, 2009 [6]
- ^ Runaway teen convert: Judge may decide next chapter for Rifqa Bary,17-year-old convert Orlando judge expected to decide today between keeping Rifqa Bary in Florida foster care or sending her back to Columbus, Amy L. Edwards and Rene Stutzman, Orlando Sun Sentinel , Aug. 21, 2009 [7]
- ^ a b c Couple who sheltered Rifqa Bary speak Updated: Friday, 18 Sep 2009, 12:13 AM EDT Published : Thursday, 17 Sep 2009, 10:07 PM EDT TRACY JACIM
- FOX 35 News
- ^ Fathima Rifqa Bary: No credible reports of threats toward Rifqa, FDLE says; In an investigative report unsealed today, FDLE did not discover any threats toward Rifqa Bary or her family in Ohio, Amy L. Edwards , Orlando Sentinel, Sept. 14, 2009 [8]
- ^ a b c Amid a holy war, National debate over a Columbus teen's faith exposes hostility between some Christians and Muslims, September 14 Meredith Heagney, [9]
- ^ A Florida Culture-War Circus Over Rifqa Bary, Time Magazine, Tim Padgett, Aug. 24, 2009 [10]
- ^ a b Institutional Islamophobia and the politics of a minor’s choice by Abukar Arman, Yemen Times (English), Issue: (1294), Volume 16 , From 14 September 2009 to 16 September 2009, Friday September 18, 2009
- ^ according to Abdurrahmani'l-Djaziri's Kitabul'l-fiqh 'ala'l-madhahibi'l-'arba'a i.e. Apostasy in Islam according to the Four Schools of Islamic Law (Vol. 5, pp. 422-440) First English Edition (Villach): 1997
- ^ Coulson, Noel James. A history of Islamic law (Islamic surveys). Oxford: University Press, 1964.
- ^ Sahih al BukariVolume 9, Book 84, Number 57 via Center for Muslim Jewish Engagement
- ^ a b Sunan Abu Dawud, book 31 Kitab al Hudud, (Prescribed Punishments)
- ^ "Islam & Pluralism - A Contemporary Approach". Islam Online. http://www.islamonline.net/english/Contemporary/2003/05/Article01a.shtml. Retrieved 2006-03-23.
- ^ Javed Ahmad Ghamidi. The Punishment for Apostasy,Renaissance,Al-Mawrid Institute, 6(11), November, 1996
- ^ Is Apostasy a Capital Crime in Islam? Dr Jamal Badwi
- ^ Afghan convert 'would be killed'Last Updated: Friday, 31 March 2006, 08:46 GMT 09:46 UK BBC
- ^ Christian Convert Released From Prison, Amir Shah, AP, 28 March 2006
- ^ Afghan convert 'arrives in Italy', BBC, 29 March 2006, 17:07 GMT
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