Hamza Kashgari Mohamad Najeeb (often Hamza Kashgari, ar, حمزة كاشغري; born 1989) is a Saudi poet and a former columnist for the Saudi daily newspaper '' Al-Bilad''. In 2011, he was on a Mabahith watchlist of pro-democracy activists. Kashgari became the subject of a controversy after he was accused of insulting the Islamic prophet

Muhammad Muhammad ( ar, مُحَمَّد; 570 – 8 June 632 CE) was an Arab religious, social, and political leader and the founder of Islam. According to Islamic doctrine, he was a prophet divinely inspired to preach and confirm the mo ...

in three short messages published through the

Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...

social networking service. King

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ordered that Kashgari be arrested "for crossing red lines and denigrating religious beliefs in God and His Prophet". Kashgari left Saudi Arabia, trying to seek

political asylum The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another ent ...

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. On February 12, 2012, he was

extradite Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdic ...

d from

Kuala Lumpur , anthem = ''Maju dan Sejahtera'' , image_map = , map_caption = , pushpin_map = Malaysia#Southeast Asia#Asia , pushpin_map_caption = , coordinates = , sub ...

Malaysia Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...

, back to Saudi Arabia and a Malaysian High Court injunction against his extradition was issued. Whether Kashgari was deported before or after the issuing of the injunction is disputed between Malaysian authorities and Lawyers for Liberty (LFL). Saudi authorities jailed him for nearly two years without trial for his Twitter messages.

Early life and activities

According to Gulf News, Kashgari was born to a family of Uyghur ancestry, which had emigrated from Kashgar,

Xinjiang Xinjiang, SASM/GNC: ''Xinjang''; zh, c=, p=Xīnjiāng; formerly romanized as Sinkiang (, ), officially the Xinjiang Uygur Autonomous Region (XUAR), is an autonomous region of the People's Republic of China (PRC), located in the northwest ...

, China. Hamza Kashgari worked as a columnist for the Saudi Arabian daily '' Al-Bilad''. On February 7, 2012, ''Al-Bilad'' issued a statement saying that they had fired Kashgari five weeks earlier for the "inadequacy of his general views for the approach of the newspaper". Kashgari has publicly supported the

Arab Spring The Arab Spring ( ar, الربيع العربي) was a series of anti-government protests, uprisings and armed rebellions that spread across much of the Arab world in the early 2010s. It began in Tunisia in response to corruption and econo ...

and according to the Malaysian

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Lawyers for Liberty (LFL), he is active in a group supporting the

. Lawyers for Liberty and N. Surendran of the Malaysian

People's Justice Party The People's Justice Party ( ms, Parti Keadilan Rakyat , often known simply as KEADILAN or PKR) is a reformist political party in Malaysia, formed in 2003 by a merger of the National Justice Party and the older Malaysian People's Party. The ...

(PKR) stated that Kashgari was monitored by Mabahith in 2011 and that he was "on a Saudi watchlist of young pro-democracy activists who had voiced support for the Arab Spring uprisings". When hundreds of people protested on January 29, 2011 in Jeddah against poor infrastructure after the city was flooded and eleven people died, Kashgari criticised the authorities' response in his public writing for ''al-Bilad''. He also "raised questions about the

religious police Religious police are any police force responsible for the enforcement of religious norms and associated religious laws. Most religious police in modern society are Islamic and can be found in countries with large Muslim population, such as Saudi ...

". Kashgari published an article in ''al-Bilad'' about

political prisoner A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention. There is no internationally recognized legal definition of the concept, although n ...

s, who constitute one of the major motivations in the

2011–2012 Saudi Arabian protests The protests in Saudi Arabia were part of the Arab Spring that started with the 2011 Tunisian revolution. Protests started with a self-immolation in Samtah and Jeddah street protests in late January 2011. Protests against anti-Shia discriminati ...

and made

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posts in support of Syrian uprising activists. In early February 2012, his group of activists were prevented by Saudi police from "organizing a series of forums to show solidarity with the Syrian uprising". On February 5, 2012, Kashgari participated in a sit-in at Nawras Circle in Jeddah calling for the Syria Ambassador in Riyadh to be expelled. He was briefly detained by police.

Twitter posts

On the occasion of '' Mawlid'' on February 4, 2012, Kashgari published three messages on the

website about an imagined meeting with

: Kashgari described his intentions in terms of

human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hu ...

: "I view my actions as part of a process toward freedom. I was demanding my right to practice the most basic human rights—

freedom of expression Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recog ...

and thought—so nothing was done in vain. I believe I'm just a scapegoat for a larger conflict. There are a lot of people like me in Saudi Arabia who are fighting for their rights." Kashgari described the status of

women's rights in Saudi Arabia Women's rights in Saudi Arabia are a topic of concern and controversy internationally. Saudi women have experienced major rights reforms since 2017, after facing religious fundamentalist dominance dating from 1979. According to Human Rig ...

by stating that Saudi women "won't go to hell 'because it's impossible to go there twice."

Reactions

Following Kashgari's controversial messages, racist comments in reference to his Uyghur family background were made against him on Twitter as " ot beingenough of a 'pure' Saudi". Reactions included over 30,000 '' tweets'' regarding the subject, a

Facebook Facebook is an online social media and social networking service owned by American company Meta Platforms. Founded in 2004 by Mark Zuckerberg with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dustin Mosk ...

group calling for his execution that 26,632 members joined , another Facebook group in support of him that over 1,500 members joined , and a petition calling for all blasphemy charges against him to be dropped, signed by 7,894 people . On February 5, 2012, Saudi cleric Nasser al-Omar called for Kashgari to be tried for

apostasy Apostasy (; grc-gre, ἀποστασία , 'a defection or revolt') is the formal disaffiliation from, abandonment of, or renunciation of a religion by a person. It can also be defined within the broader context of embracing an opinion that ...

, which is defined as a crime by some Muslim states. The majority of Muslim scholars hold to the traditional view that apostasy in Islam is punishable by

death Death is the irreversible cessation of all biological functions that sustain an organism. For organisms with a brain, death can also be defined as the irreversible cessation of functioning of the whole brain, including brainstem, and brain ...

or imprisonment until repentance, at least for adult men of sound mind. Several contemporary Muslim scholars, including influential Islamic reformers, have rejected this, arguing for religious freedom instead. The ''

YouTube YouTube is a global online video sharing and social media platform headquartered in San Bruno, California. It was launched on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim. It is owned by Google, and is the second mo ...

'' video clip of al-Omar demand was watched over 650,000 times in the first three days. Kashgari said that he had expected "not even 1 percent" of the reaction it elicited. On February 6, Kashgari issued an apology and deleted his Twitter account, saying that "some like-minded friends have done the same". According to ''

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'', Kashgari's letter of apology was published in many Saudi newspapers. Saudi Media Minister Abdel Aziz Khoja banned him from writing in any Saudi publication. On February 8, the General Presidency of Scholarly Research and Ifta, headed by Saudi

Grand Mufti The Grand Mufti (also called Chief Mufti, State Mufti and Supreme Mufti) is the head of regional muftis, Islamic jurisconsults, of a state. The office originated in the early modern era in the Ottoman empire and has been later adopted in a num ...

Abdul-Azeez ibn Abdullaah Aal ash-Shaikh, issued a statement calling for Kashgari to be tried. In mid-February, the

Grand Mufti of Egypt Egypt's Dar al-Ifta ( ar, دار الإفتاء المصرية ) is an Egyptian Islamic advisory, justiciary and governmental body established as a centre for Islam and Islamic legal research in Egypt in 1313 AH / 1895 CE. It offers Muslims ...

Ali Gomaa Ali Gomaa ( ar, علي جمعة, Egyptian Arabic: ) is an Egyptian Islamic scholar, Jurist, and public figure who has taken a number of controversial political stances. He specializes in Islamic Legal Theory. He follows the Shafi`i school of ...

, responded to the calls for Kashgari's execution stating, "We don't kill our sons, we talk to them." He listed "three points before akingany judgments": verifying what Kashgari "really said", deciding if Kashgari's statements were "a form of misconduct, an expression of doubt, or an actual insult", and "if one repents it should be accepted". On February 12, the Association of British Muslims called for King Abdullah to drop any charges laid against Kashgari, stating "Thought crime is no crime at all...Any state enforced penalty for perceived blasphemy runs contrary to the true spirit of Islam, and of our Prophet, peace be upon him, who was compassionate even to those who scorned him...No one should be legally prosecuted, imprisoned or detained for simply expressing themselves." On February 13, ''

The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large nati ...

'' described King Abdullah's February 10 criticism of President Bashar al-Assad's actions during the

2011–2012 Syrian uprising The early insurgency phase of the Syrian Civil War lasted from late July 2011 to April 2012, and was associated with the rise of armed oppositional militias across Syria and the beginning of armed rebellion against the authorities of the Syrian ...

to be hypocritical in comparison with his order for the prosecution of Kashgari and the killing by Saudi security forces of Muneer al-Midani on February 9 and Zuhair al-Said on February 10 in political protests in

Qatif Qatif or Al-Qatif ( ar, ٱلْقَطِيف ''Al-Qaṭīf'') is a governorate and urban area located in Eastern Province, Saudi Arabia. It extends from Ras Tanura and Jubail in the north to Dammam in the south, and from the Persian Gulf in the ...

. Kashgari and his lawyers believe that the calls for his execution may be politically motivated, as part of a crackdown on Saudi Arabian activists involved in the

Exile, arrest, and deportation

Kashgari stated that he wished to apply for

in New Zealand. On February 7, ''

Al Arabiya Arabiya ( ar, العربية, transliterated: '; meaning "The Arabic One" or "The Arab One") is an international Arabic news television channel, currently based in Dubai, that is operated by the media conglomerate MBC. The channel is a fl ...

'' online reported that Kashgari had left Saudi Arabia. King

ordered Kashgari's arrest "for crossing red lines and denigrating religious beliefs in God and His Prophet." He was then arrested at

Kuala Lumpur International Airport Kuala Lumpur International Airport (KLIA) is Malaysia's main international airport. It is located in the Sepang District of Selangor, approximately south of Kuala Lumpur and serves the city's greater conurbation. KLIA is the largest and ...

on February 9. On February 10, Kashgari's lawyer, Muhammad Afiq Muhammad Noor, said that the Malaysian police inspector general and

Ministry of Home Affairs An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministry ...

had received his application for access to Kashgari and had not yet granted access. Malaysia does not have an

extradition treaty Extradition is an action wherein one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, over to the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdic ...

with Saudi Arabia. Kashgari's lawyers obtained a High Court injunction at 13:30 local time, February 12, ordering "the police, the Home Ministry, as well as the Subang and

immigration authorities to stop Kashgari's deportation". The lawyers were told that Kashgari had already boarded a plane, at 10:00 local time (02:00 UTC). According to Fadiah Nadwa Fikri of Lawyers for Liberty, the court injunction against Kashgari's injunction was granted on February 12 at 13:45 (local time). At around 14:15 to 14:30 at Sultan Abdul Aziz Shah Airport (Subang), Kashgari's lawyers found that there were no immigration records of Kashgari's departure. At 15:15, they found no immigration records of his departure from

. Malaysian police spokesman Ramli Yoosuf confirmed that Kashgari had been deported back to Saudi Arabia. He was arrested in

Riyadh Riyadh (, ar, الرياض, 'ar-Riyāḍ, lit.: 'The Gardens' Najdi pronunciation: ), formerly known as Hajr al-Yamamah, is the capital and largest city of Saudi Arabia. It is also the capital of the Riyadh Province and the centre of th ...

on the "night" of February 12. Amnesty International,

Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization, headquartered in New York City, that conducts research and advocacy on human rights. The group pressures governments, policy makers, companies, and individual human r ...

, Electronic Frontier Foundation, Freedom House, EveryOne Group, and Front Line Defenders called on the

government of Malaysia The Government of Malaysia, officially the Federal Government of Malaysia ( ms, Kerajaan Persekutuan Malaysia), is based in the Federal Territory of Putrajaya with the exception of the legislative branch, which is located in Kuala Lumpur. Mala ...

to release Kashgari and not to extradite him to Saudi Arabia. ''Amnesty'' also called him a prisoner of conscience. The

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...

condemned his deportation, saying it would "

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all appropriate steps to achieve a positive outcome of Mr Kashgari's case".

Interpol The International Criminal Police Organization (ICPO; french: link=no, Organisation internationale de police criminelle), commonly known as Interpol ( , ), is an international organization that facilitates worldwide police cooperation and cri ...

denied any involvement in Kashgari's case after news reports mentioned that Malaysia had arrested and deported him based on an Interpol request. The

and the

Royal Malaysia Police The Royal Malaysia Police (often abbreviated RMP) ( ms, Polis Diraja Malaysia (PDRM)), is a (primarily) uniformed national and federal police force in Malaysia. The force is a centralised organisation. Its headquarters are located at Bukit Aman ...

withdrew their claim of Interpol involvement. The Malaysian

Lawyers for Liberty stated, "The initial claim of Interpol's involvement was a blatant attempt to varnish the arrest with a veneer of international legitimacy since the arrest could not be justified under

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

as Hamza was clearly a

political refugee The right of asylum (sometimes called right of political asylum; ) is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, like a second country or another ent ...

". A

Freedom of Information Act Freedom of Information Act may refer to the following legislations in different jurisdictions which mandate the national government to disclose certain data to the general public upon request: * Freedom of Information Act 1982, the Australian act * ...

request to Interpol in the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

returned no responsive documents related to the case.

Freedom

After nearly two years in prison, Kashgari was freed on October 29, 2013. Kashgari used Twitter to inform his supporters of his release. Kashgari's lawyer, Abdul Rahman Allahim, confirmed the release in another tweet. He returned home where he was reunited with his mother.

Legal cases

Malaysia

Lawyers for Liberty claimed that Malaysian authorities violated

by not allowing Kashgari to try to obtain

. Lawyer K. Ragunath and several members of Lawyers for Liberty filed a

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...

affidavit An ( ; Medieval Latin for "he has declared under oath") is a written statement voluntarily made by an ''affiant'' or '' deponent'' under an oath or affirmation which is administered by a person who is authorized to do so by law. Such a stateme ...

against the

Inspector-General of Police An Inspector General of Police is a senior police officer in the police force or police service of several nations. The rank usually refers to the head of a large regional command within a police service, and in many countries refers to the most se ...

, the Immigration Director-General, the Home Minister and the

federal government of Malaysia The Government of Malaysia, officially the Federal Government of Malaysia ( ms, Kerajaan Persekutuan Malaysia), is based in the Federal Territory of Putrajaya with the exception of the legislative branch, which is located in Kuala Lumpur. Malays ...

, alleging that they had been "misled throughout ashgari'sarrest and deportation." Fadiah Nadwa Fikri of Lawyers for Liberty referred to the authorities' initial claim of an Interpol request that was later retracted, an incorrect claim of Kashgari's arrival date in Malaysia, and a claim that Kashgari had been deported "according to a 'long-standing arrangement' etweenMalaysia and Saudia Arabia." She said that no such treaty or official documentation exists. Lawyers for Liberty claimed that no immigration records existed for Kashgari's would-be 10:00 departure on February 12.

Saudi Arabia

According to '' Arab News'', Kashgari will be charged by Saudi Arabian judicial authorities with blasphemy.

believes that he is to be charged with

and that he has already been declared by Saudi religious authorities to be guilty of apostasy prior to trial. In August 2012, Kashgari's family published a poem by him in which he apologized for the offense he had caused, and they asked publicly for his release, a common practice during Eid Al-Fitr, the holiday marking the end of Ramadan. He was not released. Kashgari tweeted about his sudden release on October 29, 2013 saying "Mornings of hope...souls that live and never die. Thanks to God." Kashgari's lawyer, Abdulrahman Allahim, congratulated him on his release. There has been no comment from the Saudi government.