Mariwan Halabjaee

Mariwan Halabjaee (Kurdish: مەریوان ھەڵەبجەیی‎‎, Herêmî Kurdistan)^{[note 1]} (born 1 August 1963) is the Iraqi Kurdish author of the book Sex, Sharia and Women in the History of Islam (alternate title: Sex, Legislation and Women in Islamic History).^[1] The book is about how Islam and Sharia are allegedly used to oppress Muslim women. "I wanted to prove how oppressed women are in Islam and that they have no rights," said Halabjaee.^[2] Halabjaee asserted the book was, "based on Islamic sources such as the Holy Quran, Muslim and Bukhari books^{[note 2]} and many more."^[3]

First fatwa in Iraqi Kurdistan

Halabjaee was reportedly forced to flee from Iraqi Kurdistan to Norway because the Islamic League of Kurdistan issued a "conditional" fatwa to kill him if he did not repent and apologize for writing his book.^[4] Halabjaee reported, "the mullahs and scholars said if I go to them and apologize they will give me 80 lashes and then refer me to the fatwa committee to decide if I am to be beheaded. They might forgive me, they might not."^[5]

Halabjaee allegedly received telephone calls saying, "Now, in 10 years or 15 years, we will kill you."^[6] Another time, Halabjaee reported, "the Islamists said once from the radio, if they found out where I was, they would blow themselves up with me."^[7] "With that book I wanted to defend women but the first thing I did was hurt my wife," said Halabjaee.^[8] As a result, Halabjaee went into hiding with his pregnant wife and three children.^[9]

Halabjaee fled Iraqi Kurdistan after the Kurdistan Regional Government (KRG) allegedly refused to offer him any protection or to arrest those who threatened his life. "The Kurdish authorities have not provided any protection from threats and fatwas," said Halabjaee, "any moment I am expecting a bullet or a hand grenade to be thrown into where I live."^[10]

In response to the Halabjaee affair, the KRG Minister of Religious Issues, Dr. Mohammad Gaznayi, told protestors that according to the law of Iraqi Kurdistan, "defamation" or "criticizing" religion or religious figures is a crime and its punishment is severe.^[11] "We will give those who attack our prophets a sentence so that they can be a lesson for everyone," said Dr. Gaznayi.^{[12][note 3]} Halabjaee was in possession of a warrant for his arrest issued by the Suleimaniya police department when he fled Iraqi Kurdistan.^[13]

In August 2006, Halabjaee was granted political asylum in Norway.^[14]

Conviction in absentia for blashphemy

In December 2007, Halabjaee was convicted in absentia in Iraqi Kurdistan for the crime of blasphemy.^[15] A court in Halabja sentenced Halabjaee to prison for writing that the prophet Mohammed had 19 wives, married a 9-year-old when he was 54 years old, and committed murder and rape.^[16] Halabjaee remains in Norway. The sentence states that he will be arrested upon his return to Iraqi Kurdistan.^[17]

Second fatwa in Norway

In September 2008, Mullah Krekar allegedly threatened to kill Halabjaee in an audio file published on the Kurdish website Renesans.nu. "I swear that we will not live if you live. Either you go before us, or we go before you," said Krekar.^[18] Mullah Krekar was the original leader of the Islamist terrorist group Ansar al-Islam.^[19] Mullah Krekar compared Halabjaee with Salman Rushdie and Ayaan Hirsi Ali.^[20] Mullah Krekar, like Halabjaee, currently resides in Norway as a refugee. Since February 2003, Mullah Krekar has had an expulsion order against him in Norway. The order has been suspended, however, pending Iraqi government guarantees that Mullah Krekar will not face torture or execution.^[21]

In February 2012, Mullah Krekar confirmed in the Oslo District Court that he had issued a twenty page fatwa against Halabjaee.^[22] The fatwa was sent to several hundred Islamic scholars around the world. While Mullah Krekar said he thought he might be able to "guarantee the safety" of Halabjaee, Mullah Krekar confirmed that his fatwa "implies" that it is "permissible" to kill Halabjaee in Oslo or anywhere else.^[23] Mullah Krekar compared Halabjaee to Theo van Gogh, the film director who was killed by an Islamist in the Netherlands in 2004.^[24]

On 26 March 2012, Mullah Krekar was sentenced to 5 years in prison for making death threats.^[25] He appealed. On 26 March 2012, Mullah Krekar was re-arrested for making threats against two Kurds and the Conservative Party leader Erna Solberg.^[26]

On 6 December 2012, the Court of Appeal acquitted Mullah Krekar of charges of incitement to terrorism, but found Krekar guilty of four counts of intimidation under aggravating circumstances.^[27] The Court of Appeal ordered that Krekar pay 130,000 kroner in damages compensation to each of the three Kurds he threatened, and to serve two years and ten months in prison, less the 255 days he was in custody.^[28]

Notes

1. ↑ Alternate spellings: Mariwan, Marywan, Marewan / Halabjaee, Halabjay, Halabjayee, Halabjaye, Halabjayi, Halabjai.
2. ↑ See also Muhammad al-Bukhari.
3. ↑ Dr. Mohammad Gaznayi is the same KRG Minister of Religious Issues who said, "I consider that those who turn to Christianity pose a threat to society." See Kathleen Ridolfo (July 3, 2005). "Iraq: Christians Face Threats From All Sides". Radio Free Europe / Radio Liberty. Retrieved 22 April 2012. ; Ayyub Kareem (November 17, 2005). "Kurdish Christians Complain of Discrimination". Institute for War & Peace Reporting. Retrieved 10 June 2012. . Dr. Gaznayi also said people who turn to Christianity are “renegades” in the eyes of Islam. See Ayyub Kareem (November 17, 2005). "Kurdish Christians Complain of Discrimination". Institute for War & Peace Reporting. Retrieved 12 June 2012. .

References

• Mariwan Halabjaee on Scribd: Xadija
• Mariwan Halabjaee on Scribd: Ftne.m
• Mariwan Halabjaee on Scribd: Dro-bo-jn
• Mariwan Halabjaee on Scribd: Hele.M
• Mariwan Halabjaee on Scribd: Nesx