The Growing Threat to Saudi Intellectuals: The Case of Hamza Kashgari
This guest post is by Lauren Morgan, a writer and analyst from Indiana whose research primarily focuses on regional politics in the Middle East and homegrown terrorism. Since 2009, Lauren has worked as an analyst with the Joint Terrorism Task Force. She holds a degree in Middle Eastern Studies and is a former resident of the Kingdom of Saudi Arabia. She can be reached via Twitter @lemorgan.
Hamza Kashgari, a Saudi writer and poet, created a firestorm of controversy on Milad an-Nabi, the anniversary of the Prophet Muhammad’s birthday, when he took to his personal Twitter account, which has since been deleted, and said the following:
- On your birthday, I will say that I have loved the rebel in you, that you’ve always been a source of inspiration to me, and that I do not like the halos of divinity around you. I shall not pray for you.
- On your birthday, I find you wherever I turn. I will say that I have loved aspects of you, hated others, and could not understand many more.
- On your birthday, I shall not bow to you. I shall not kiss your hand. Rather, I shall shake it as equals do, and smile at you as you smile at me. I shall speak to you as a friend, no more.
Despite the obvious poetic nature of his comments, they enraged conservative Saudi clerics who declared him an apostate and called for King Abdullah to execute the twenty-three year old. Kashgari fled the Kingdom and entered Malaysia on February 7. Two days later, as Kashgari was preparing to leave Malaysia for New Zealand, Malaysian authorities detained him and subsequently deported him to Saudi Arabia, where his fate remains uncertain.
Kashgari made his initial court appearance on March 7 and entered his tawbah (repentance) to the Saudi court system, according to Fadiah Nadwa, the representative for Lawyers for Liberty (LFL) who was contacted by Kashgari’s friend and traveling companion to try to halt Kashgari’s deportation from Malaysia. The courts, however, have given no indication whether his tawbah was accepted, and Nadwa notes that there are cases where defendants, despite entering their tawbah, have remained in detention for years without trial. Since his arrest, Kashgari reportedly has been kept in solitary confinement and denied access to his attorney, renowned Saudi human rights lawyer Abdulrahman Allahim, though Arab News reports that Allahim and Kashgari’s family attended the initial court appearance.
Media attention has been minimal and broadly inaccurate, but the importance of Kashgari’s case as a precedent for similar free speech cases in the Kingdom cannot be overstated. In the past month alone, another Saudi resident, Mohamed Salama, has been accused of apostasy, with many parallels being drawn between his case and Kashgari’s. In addition, well-known Saudi human rights activist and lawyer Walid Abu Al-Khair was banned from traveling to the U.S. at the end of March; he is accused by the religious establishment of being influential to Kashgari. The State Department has issued a statement saying they are “seeking clarification” on the travel ban.
Was Hamza Kashgari Targeted for Arrest?
Since his arrest, rumors have swirled online that the government targeted Kashgari for arrest long before he tweeted the now infamous words about the Prophet. Muath Aldabbagh first met Kashgari four years ago at a gathering led by Abdullah Hamiduddin, a scholar of Yemeni descent known for opinions that differ from the standard Wahhabi interpretation of Islam. After becoming acquainted through Hamiduddin’s circle, Kashgari and Aldabbagh met weekly with a small group to discuss philosophy at coffee shops and homes across Jeddah.
Aldabbagh explained in an interview that Kashgari had recently abandoned the strict religious dogmatism that permeates Saudi society. He emphatically defended Kashgari against critics’ claims that he is an apostate, however, saying that Kashgari is “still within religion, trying to appreciate it in his own way.” Aldabbagh believes Kashgari’s youth and popularity as a newspaper columnist has made him an ideal target for a religious establishment that has become increasingly nervous about the rise of Saudi intellectuals in recent years. He notes that “different groups, such as mine and other groups, have been discussing intellectual matters and taking knowledge into our own hands.” In a country where free thought and critical thinking are not welcomed by the religious establishment, attending groups like the one that Kashgari and Aldabbagh frequented puts these intellectuals at risk for retribution.
The repeated deceptions committed by officials involved with the detention and deportation of Kashgari further validate Aldabbagh’s suspicions that Kashgari was targeted. Malaysian authorities have been intentionally deceptive on multiple occasions about the arrest of Kashgari. Malaysia’s Home Minister intentionally deceived reporters by stating that Kashgari’s detention was at the request of Interpol; Interpol has since strongly denied this claim. Fadiah Nadwa of LFL spoke with me at length about the chaotic scene that developed at the airport in Kuala Lumpur as she and other LFL representatives tried, unsuccessfully, to halt Malaysian officials from deporting Kashgari. She said that lawyers served papers to airport officials to stop the deportation, but police and authorities deceived them in order to prevent the court order from being enacted. In addition, Nadwa claims that when LFL asked to check Kashgari’s immigration report, Malaysian immigration officials claimed there was no record of Kashgari ever entering the country. LFL has since issued a statement and photograph confirming Kashgari’s entrance into the country.
A New Witch Hunt?
Kashgari’s case has evoked a renewed sense of fear amongst activists who have been utilizing social media, and Twitter in particular, to speak openly about rights issues in the Kingdom for the past few years. That Kashgari was arrested just months after Crown Prince Nayef’s ascension is not lost on Saudi activists. If Kashgari was targeted for arrest, it confirms the fears expressed by liberal Saudis following the ascension of Prince Nayef to the position of Crown Prince in October 2011. Then, Saudis took to Twitter to tweet #NayefNightmares - the fears (some real and some humorous) they had about his increased power and influence in the country due to his reputation as a social conservative with strong ties to the religious establishment.
Indeed, more than one activist I interviewed agreed to speak to me only on the condition of anonymity for fear of reprisal. According to one, “the fear for many liberal Saudis isn’t to be labeled an activist anymore. The fear is that you are labeled an atheist.” Aldabbagh echoed this claim, noting that the religious establishment recognizes that “liberal has now become mainstream. Their enemy right now is atheism. Anyone who is against them, they label him as being an atheist.” He admits he has received numerous threats following Kashgari’s arrest from individuals who have warned him “you’re next”.
Conclusion
Kashgari’s case could set a dangerous legal precedent for free speech in Saudi Arabia. It also illustrates the far-reaching influence of the Saudi regime. As Saudi activist Hala al-Dosari notes, “We’ve never had someone brought from overseas to be prosecuted for speaking against Islam.” It is troubling that Kashgari was deported back to Saudi Arabia despite the Kingdom not having an extradition agreement with Malaysia and despite Kashgari having broken no laws in Malaysia.
Equally troubling is the lack of legal movement on Kashgari’s case within Saudi Arabia. Despite publicly retracting his comments and entering tawbah to the Saudi courts, Kashgari’s detention continues. But Nadwa remains optimistic, saying “the fact that he’s not been tried yet is a good indication for us. I think the pressure is really working.” Still, others fear that the government, under pressure from the religious establishment, will try to make an example out of him. “We fear that he will be a scapegoat,” said Saudi activist Hala al-Dosari in an interview.
The only acceptable conclusion to this case is Kashgari’s immediate and unconditional release from custody. To ensure that the regime does not bow to clerics’ calls for Kashgari’s execution, the international community must demand that the Saudi regime release him at once. Many Saudi activists agree that the Saudi regime is sensitive to international pressure and does not want negative publicity; Fadiah Nadwa emphasized the urgent need for international attention to Kashgari’s case, saying, “It’s very important for us to step in now and increase the pressure so that they won’t step in and execute him. I think we have to be fast in our actions.”
I would like to give special thanks to Hala al-Dosari, Hasan Radwan, and Daveed Gartenstein-Ross for their assistance in bringing this article to fruition.