Case History: Shaikha Binjasim
On 1 June 2016, the Public Prosecutor of Kuwait dropped blasphemy charges brought against human rights defender Shaikha Binjasim following a television interview where she declared that the constitution of Kuwait is above the Quran and Shari'a. The Prosecutor has stated that “freedom of speech cannot be curtailed and not every discussion on religious matters is blasphemy.”
Ms Shaikha Binjasim is a Kuwaiti human rights defender, writer and professor of philosophy at Kuwait University. She has been advocating on social media for freedom of conscience and freedom of speech in Kuwait. She is involved in several activities dedicated to the protection of women and minorities in Kuwait. Her writings include topics such as tolerance, democracy and criticism of the lack of rule of law in Kuwait.
On 1 June 2016, the Public Prosecutor of Kuwait dropped blasphemy charges brought against human rights defender Shaikha Binjasim following a television interview where she declared that the constitution of Kuwait is above the Quran and Shari'a. The Prosecutor has stated that “freedom of speech cannot be curtailed and not every discussion on religious matters is blasphemy.”
On 11 March 2016, a Kuwaiti lawyer filed a complaint to the public prosecutor over statements made by the human rights defender during an interview on national television that were deemed to be insulting to Islam.
On 8 March 2016, Shaikha Binjasim spoke on the Kuwaiti television channel, Al-Shahed, about the separation of religion from politics, and stated that “anyone who believes that the Quran, or Shari'a, or the interpretations of these religious texts are above the constitution is betraying the state of Kuwait.” She further emphasized that Shari'a is a source of legislation in the constitution, however the source of authority should be exclusively the constitution and placing the Quran above it is considered undemocratic. She also expressed her concern about, inter alia, the use of religious law against women, minorities, and freedom of expression.
Front Line Defenders welcomes the Prosecutor's decision to drop the charges brought against Shaikha Binjasim, as it believes that they were directly linked to her legitimate and peaceful work in the defence of human rights in Kuwait.
On 19 April 2016, human rights defender Ms Shaikha Binjasim received a second summons in relation to new charges of blasphemy and humiliating the religion of the State. The human rights defender has been asked to report to the public prosecutor's office on Sunday morning, 24 April 2016, in the Houli area, Kuwait City. If charged, Shaikha Binjasim could face up to one year's imprisonment under blasphemy law.
On 14 April 2016, in a separate investigation, Shaikha Binjasim appeared before the public prosecutor, who charged her with blasphemy and humiliating the religion of the State for having declared in a television interview on the Kuwaiti channel Al-Shahed, that the constitution of Kuwait is above the Quran and Shari'a. She emphasized that Shari'a is a source of legislation in the constitution, however the source of authority should be exclusively the constitution and placing the Quran above it she considered undemocratic. She also expressed her concern about, inter alia, the use of religious law against women, minorities, and freedom of expression. She was later released pending investigation.
Front Line Defenders is concerned about the blasphemy charges brought against Shaikha Binjasim, and believes that this solely results from her legitimate and peaceful work in the defence of freedom of conscience and freedom of speech in Kuwait.
On 14 April 2016, Kuwaiti human rights defender Ms Shaikha Binjasim will appear before the public prosecutor, who has charged her with blasphemy and humiliating the religion of the State for having declared in a television interview that the constitution of Kuwait is above the Quran and Shari'a.
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Ms Shaikha Binjasim is a Kuwaiti human rights defender, writer and professor of philosophy at Kuwait University. She has been advocating on social media for freedom of conscience and freedom of speech in Kuwait. She is involved in several activities dedicated to the protection of women and minorities in Kuwait. Her writings include topics such as tolerance, democracy and criticism of the lack of rule of law in Kuwait.
On 11 March 2016, several members of the Kuwaiti National Assembly requested that the Minister of Higher Education of Kuwait exclude Shaikha Binjasim from Kuwait University and prevent her from teaching, following statements that she had made during an interview on national television that were deemed to be insulting to Islam. Following the interview, a Kuwaiti lawyer filed a complaint to the public prosecutor over statements made by the human rights defender.
On 8 March 2016, Shaikha Binjasim spoke on the Kuwaiti television channel, Al-Shahed, about the separation of religion from politics, and stated that “anyone who believes that the Quran, or Shari'a, or the interpretations of these religious texts are above the constitution is betraying the state of Kuwait.” She further emphasized that Shari'a is a source of legislation in the constitution, however the source of authority should be exclusively the constitution and placing the Quran above it is considered undemocratic. She also expressed her concern about, inter alia, the use of religious law against women, minorities, and freedom of expression.
Front Line Defenders is concerned about the blasphemy charges brought against Shaikha Binjasim, and believes that this solely results from her legitimate and peaceful work in the defence of freedom of conscience and freedom of speech in Kuwait.
Front Line Defenders urges the authorities in Kuwait to:
1. Immediately drop all charges against Shaikha Binjasim as it is believed that they are solely motivated by her legitimate and peaceful work in the defence of freedom of conscience and freedom of speech;
2. Guarantee in all circumstances that all human rights defenders in Kuwait are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions.
