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    Freedom of Religion and Belief: A Universal Principle between Islam, International Law, and the Ontology of Being

    I. Introduction: Universal Ethics and the Recognition of Freedom of Belief

    Freedom of religion or belief is today recognized as one of the pillars of fundamental human rights. It is explicitly enshrined in major international instruments such as the Universal Declaration of Human Rights (UDHR, Art. 18), the International Covenant on Civil and Political Rights (ICCPR, Art. 18), and regional human rights conventions. This freedom includes the right to have or adopt a religion or belief of one’s choice, and to manifest it alone or in community, in public or in private, through teaching, practice, worship, and observance of rites.

    Beyond its legal dimension, freedom of belief touches the very nature of the human being—his or her ability to connect, to seek meaning, to doubt, and to transform. It is ontological, as it concerns the degrees of being and the spiritual dimensions of existence in a plural world. It is an essential attribute of human dignity, a sacred space for relating to truth, justice, and the Absolute.

    In the Islamic tradition, far from opposing this vision, many Qur’anic verses and prophetic teachings affirm free will, the non-coercive nature of faith, and religious pluralism as realities willed by God. The key verse “There is no compulsion in religion” (Q. 2:256) is a cornerstone in Islamic argumentation in favor of religious freedom, going beyond mere tolerance to affirm divinely sanctioned pluralism (Q. 10:99).

    Yet, although this freedom is declared, it is often restricted in many contexts, especially concerning religious minorities or non-believers. These restrictions stem less from scriptural sources than from institutional policies, ideological agendas, and biased representations of religion.

    International instruments, although inclusive in their formulation, often face obstacles in application and interpretation. It is thus urgent to integrate freedom of belief into a comprehensive perspective—legal, spiritual, and ontological. Law must be viewed as a dynamic and living system, continually adapting to contemporary challenges and shifts in collective consciousness.

    Such an approach requires a cross-reading of Islamic sources, international norms, and innovative frameworks such as the United Nations Human Rights Office’s Faith for Rights program, which proposes a shared foundation of 18 commitments grounded in human rights.

    This article offers an interdisciplinary reflection on freedom of religion and belief, drawing upon spiritual Islam, international legal standards, and an anthropology of freedom rooted in being. It advocates for an ethical and legal alliance capable of defending this freedom as a norm, a value, and a dignity of the human soul.

    II. Qur’anic Foundations of Freedom of Religion: From Free Will to Non-Coercion

    The Islamic tradition, especially through the Qur’an, clearly recognizes freedom of religion and belief as a fundamental principle rooted in the human nature as created by God.

    1. “No Compulsion in Religion”: The Foundational Verse

    “Lā ikrāha fī d-dīn” – “There is no compulsion in religion.” (Surat al-Baqara 2:256)
    This verse, absolute in tone, marks a turning point in recognizing the freedom of choice in matters of faith. The term “ikrāh” implies all forms of coercion, physical or psychological. This principle is part of a divine epistemology of faith: true faith can only emerge from a free and sincere act.

    2. Pluralism Willed by God

    The Qur’an repeatedly states that diversity in belief is not only a fact but a divine will:

    “And had your Lord willed, all those on earth would have believed. Will you then compel people to become believers?” (Surat Yūnus 10:99)

    “To each of you We prescribed a law and a method. Had God willed, He could have made you one community.” (Surat al-Māʾida 5:48)

    These verses articulate a theological pluralism that is integral to the human condition.

    3. The Prophet’s Role: Warner, Not Enforcer

    The Prophet Muhammad ﷺ is presented as a warner, not a coercive enforcer:

    “You are not one to compel them; so remind with the Qur’an those who fear My warning.” (Surat Qāf 50:45)

    “Say: The truth is from your Lord. So whoever wills—let him believe; and whoever wills—let him disbelieve.” (Surat al-Kahf 18:29)

    4. Faith as an Inner Act

    Faith cannot be imposed externally:

    “The Bedouins say, ‘We believe.’ Say, ‘You have not yet believed… for faith has not yet entered your hearts.’” (Surat al-Ḥujurāt 49:14)

    III. The Ontology of Belief: The Human Being between Verticality and Plurality

    Beyond legal discourse, freedom of belief reaches into the essence of the human being—the ability to relate to the Absolute and to exist within the plurality of the world.

    1. The Human as a Responsible Being (taklīf)

    “We offered the Trust to the heavens, the earth, and the mountains, but they declined to bear it… and the human took it on.” (Surat al-Aḥzāb 33:72)

    This “Trust” is understood as moral freedom and the responsibility to choose.

    2. Fitra: Original Disposition

    “So set your face toward the religion uprightly—[in accordance with] the fitra of God upon which He has created mankind…” (Surat ar-Rūm 30:30)

    The fitra is a natural inclination toward meaning and truth, yet it remains free and open.

    3. Degrees of Being and Plurality of Worlds

    Inspired by Ibn ʿArabī, the human being is “the interface between the known and the unknowable,” exposed to the multiplicity of paths—hence the necessity of spiritual free choice.

    4. Faith as Becoming

    Faith is a process of maturation:

    “Those who say, ‘Our Lord is God’ and then remain steadfast…” (Surat Fuṣṣilat 41:30)

    “O you who have believed, believe…” (Surat an-Nisāʾ 4:136)

    Religious freedom thus enables the soul to ascend freely.

    IV. The Framework of International Law: Covenants, Declarations, and Treaties

    Freedom of religion or belief is fully enshrined in international human rights law, protected by:

    • The Universal Declaration of Human Rights (Art. 18)
    • The International Covenant on Civil and Political Rights (Art. 18)
    • The 1981 UN Declaration on the Elimination of All Forms of Religious Intolerance
    • Regional conventions (e.g., the European Convention on Human Rights)

    Article 18 of the ICCPR affirms that freedom of conscience includes theistic, non-theistic, and atheistic beliefs and that the right to change one’s religion is absolute. Despite this normative framework, violations remain widespread—particularly during periods of conflict or identity withdrawal.

    V. Conclusion: Toward an Ethical and Legal Alliance

    Echoing the cross-analysis between Islam, international law, and the ontology of being, it is essential to highlight the innovative contribution of the Faith for Rights program initiated by the United Nations Human Rights Office. This framework offers 18 commitments that translate the demand for freedom of religion and belief into concrete action and shared responsibility—accessible to both believers and non-believers.

    Among these commitments, the following resonate particularly with the principles explored in this article:

    • Commitment 1: Defend the right to freedom of thought, conscience, religion or belief for all, without discrimination, rejecting all forms of coercion.
    • Commitment 2: Reject violence and incitement to hatred in the name of religion or belief; promote social peace.
    • Commitment 3: Support equality before the law regardless of religion, belief, gender, or affiliation.
    • Commitment 4: Uphold human dignity in all circumstances, combating stigmatization and discrimination.
    • Commitment 5: Promote freedom of expression and diversity of opinions while respecting the rights and dignity of others.

    These principles, rooted in Qur’anic foundations of non-coercion, pluralism, and human dignity, form a bridge between spirituality and human rights. They invite all actors to move beyond ideological or confessional divides to build coexistence based on recognition of otherness and the rejection of religious instrumentalization.

    In conclusion, defending freedom of religion and belief cannot be limited to declarations. It requires active mobilization, an ethics of responsibility, and concrete translation into public policy and social practices. The Faith for Rights commitments provide a universal platform for action—uniting consciences around a shared demand for dignity, justice, and peace.

    Author

    • Boumédiène Benyahia

      Doctor h. c. in Peace Adm. | Islamologist - Int. Expert | Signatory of Int. Pacts | Associate Expert UNCR University & CRN | Former General Secretary of the Swiss Islamic Organisations Coordination | Grande Mosquée de Paris's Think Tank Expert Member 'The Adaptation of the Religious Muslim Speech in France' | Universal Peace Federation Ambassador | Practitioner of HCHR 'Faith for Rights' | Institut de la Parole-Online Founder | Jury Member of Mare Nostrum Prize 2024 'Philosophy and Spirituality' | PARTES Expert | International Speaker | Preventing Extreme Religious Ideologies & Interfaith Issues Expert | Hagiologist

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