Two Afghans Face Death Over Translation of Quran
<http://www.cnsnews.com/public/content/article.aspx?RsrcID=43174>http://www.cnsnews.com/public/content/article.aspx?RsrcID=43174
 


Friday, February 06, 2009
By Heidi Vogt, Associated Press

Kabul (AP) - No one knows who brought the book to the mosque, or at 
least no one dares say.

The pocket-size translation of the Quran has already landed six men 
in prison in Afghanistan and left two of them begging judges to spare 
their lives. They're accused of modifying the Quran and their fate 
could be decided Sunday in court.

The trial illustrates what critics call the undue influence of 
hard-line clerics in Afghanistan, a major hurdle as the country tries 
to establish a lawful society amid war and militant violence.

The book appeared among gifts left for the cleric at a major Kabul 
mosque after Friday prayers in September 2007. It was a translation 
of the Quran into one of Afghanistan's languages, with a note giving 
permission to reprint the text as long as it was distributed for free.

Some of the men of the mosque said the book would be useful to 
Afghans who didn't know Arabic, so they took up a collection for 
printing. The mosque's cleric asked Ahmad Ghaws Zalmai, a longtime 
friend, to get the books printed.

But as some of the 1,000 copies made their way to conservative Muslim 
clerics in Kabul, whispers began, then an outcry.

Many clerics rejected the book because it did not include the 
original Arabic verses alongside the translation. It's a particularly 
sensitive detail for Muslims, who regard the Arabic Quran as words 
given directly by God. A translation is not considered a Quran 
itself, and a mistranslation could warp God's word.

The clerics said Zalmai, a stocky 54-year-old spokesman for the 
attorney general, was trying to anoint himself as a prophet. They 
said his book was trying to replace the Quran, not offer a simple 
translation. Translated editions of the Quran abound in Kabul 
markets, but they include Arabic verses.

The country's powerful Islamic council issued an edict condemning the book.

"In all the mosques in Afghanistan, all the mullahs said, 'Zalmai is 
an infidel. He should be killed,'" Zalmai recounted as he sat outside 
the chief judge's chambers waiting for a recent hearing.

Zalmai lost friends quickly. He was condemned by colleagues and even 
by others involved in the book's printing. A mob stoned his house one 
night, said his brother, Mahmood Ghaws.

Police arrested Zalmai as he was fleeing to Pakistan, along with 
three other men the government says were trying to help him escape. 
The publisher and the mosque's cleric, who signed a letter endorsing 
the book, were also jailed.

There is no law in Afghanistan prohibiting the translation of the 
Quran. But Zalmai is accused of violating Islamic Shariah law by 
modifying the Quran. The courts in Afghanistan, an Islamic state, are 
empowered to apply Shariah law when there are no applicable existing statutes.

And Afghanistan's court system appears to be stacked against those 
accused of religious crimes. Judges don't want to seem soft on 
potential heretics and lawyers don't want to be seen defending them, 
said Afzal Shurmach Nooristani, whose Afghan Legal Aid group is 
defending Zalmai.

The prosecutor wants the death penalty for Zalmai and the cleric, who 
have now spent more than a year in prison.

Sentences on religious infractions can be harsh. In January 2008, a 
court sentenced a journalism student to death for blasphemy for 
asking questions about women's rights under Islam. An appeals court 
reduced the sentence to 20 years in prison. His lawyers appealed 
again and the case is pending.

In 2006, an Afghan man was sentenced to death for converting to 
Christianity. He was later ruled insane and was given asylum in 
Italy. Islamic leaders and the parliament accused President Hamid 
Karzai of being a puppet for the West for letting him live.

Nooristani, who is also defending the journalism student, said he and 
his colleagues have received death threats.

"The mullahs in the mosques have said whoever defends an infidel is 
an infidel," Nooristani said.

The legal aid organization, which usually represents impoverished 
defendants, is defending Zalmai because no one else would take the case.

"We went to all the lawyers and they said, 'We can't help you because 
all the mullahs are against you. If we defend you, the mullahs will 
say that we should be killed.' We went six months without a lawyer," 
Zalmai said outside the judge's chambers.

The publisher was originally sentenced to five years in prison. 
Zalmai and the cleric were sentenced to 20, and now the prosecutor is 
demanding the death penalty for the two as a judge hears appeals.

Nearly everyone in court claims ignorance now.

The mosque's mullah says he never read the book and that he was duped 
into signing the letter. The print shop owner says neither he nor any 
of his employees read the book, noting that it's illegal for them to 
read materials they publish.

Zalmai pleaded for forgiveness before a January hearing, saying he 
had assumed a stand-alone translation wasn't a problem.

"You can find these types of translations in Turkey, in Russia, in 
France, in Italy," he said.

When the chief judge later banged his gavel to silence shouting 
lawyers and nodded at Zalmai to explain himself, the defendant stood 
and chanted Quranic verses as proof that he was a devout Muslim who 
should be forgiven.

Shariah law is applied differently in Islamic states. Saudi Arabia 
claims the Quran as its constitution, while Malaysia has separate 
religious and secular courts.

But since there is no ultimate arbiter of religious questions in 
Afghanistan, judges must strike a balance between the country's laws 
and proclamations by clerics or the Islamic council, called the Ulema council.

Judges are "so nervous about annoying the Ulema council and being 
criticized that they tend to push the Islamic cases aside and just 
defer to what others say," said John Dempsey, a legal expert with the 
U.S. Institute of Peace in Kabul.

Deferring to the council means that edicts issued by the group of 
clerics can influence rulings more than laws on the books or a 
judge's own interpretation of Shariah law, he said.

Judges have to be careful about whom they might anger with their 
rulings. In September, gunmen killed a top judge with Afghanistan's 
counter-narcotics court. Other judges have been gunned down as well.

Mahmood Ghaws said that even if his brother is found innocent, their 
family will never be treated the same.

"When I go out in the street, people don't say hello to me in the way 
they used to," he said. "They don't ask after my family."


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