| Coordinator: Dr. Basira Hussen — basira.hussen@unimore.it | PARTNERS: |
| Research outcomes | University of Rome La Sapienza – Dipartimento STUDI GIURIDICI ED ECONOMICI (DSGE), Prof. Fabio Franceschi |
| – Books | University of Parma, Dipartimento di Discipline umanistiche, sociali e delle Imprese culturali (DUSIC) – Prof. Giancarlo Anello |
| – Articles 1) Basira Hussen, Libertà religiosa, conversione e diritto di apostasia nell’Iraq contemporaneo https://www.isesp.eu/SUDEUROPA2023_2/HUSSEN.pdf | |
| – Conferences | |
| – Other |
ENTER/EXIT – Cluster on the Legal Dimension of Entry and Exit Dynamics in Religious Denominations
The ENTER/EXIT project aims to explore the legal, social, and cultural dynamics related to the processes of entering and exiting religious denominations, analyzing how these phenomena interact with fundamental rights, religious freedom, and personal identity. The possibility of joining or leaving a faith is closely connected to a range of legal, ethical, and social issues that affect both individuals and communities. The difficulties in exercising such rights are particularly relevant in contexts where religion plays a central role in the organization of the State and in defining cultural identities.
The research will focus on three main thematic areas: the right to conversion, the right to apostasy, and excommunication, with a specific focus on the legal mechanisms, internal conflicts, and cultural barriers that influence these processes, referencing concrete cases that arise in social dynamics.
First Area: The Legal Dynamics of Entry into Religious Denominations
This first area will delve into the legal dimensions related to the process of religious conversion, emphasizing the limits and possibilities of accessing a new denominational affiliation. Conversion represents an act of renegotiating personal identity, which can be regulated differently depending on the denominational legal system. It is crucial to consider conversion not only as a formal change of affiliation but also as a complex identity journey, intertwining religious norms and civil rights.
Through the analysis of conversion cases in various Abrahamic religious traditions (Islamic, Jewish, and Christian), the project seeks to identify common legal principles that govern this process and how these norms interact with secular law. Special attention will be given to the concept of reversion in Islam, where conversion is seen not as a change but as a return to the original state of faith, and to the relationship between proselytism and the individual right to conversion.
The issue of religious conversion raises fundamental questions not only concerning religious freedom but also regarding the relationship between the subject’s actual will and the one publicly manifested in the context of a change of faith. In many cases, there is a discrepancy between what is declared outwardly and what actually motivates the subject’s choice. This discrepancy can result from defects of will, such as error, coercion, or deceit, or be linked to a simulated intention, where the subject formally joins a new denomination for opportunistic reasons, such as gaining certain legal rights or escaping political or social persecution where religion is used as a pretext to oppress minorities.
The issue of simulated conversion highlights the need for adequate legal mechanisms that protect both religious freedom and the individual’s genuine will to adhere to a faith. Some religious legal systems have developed stricter verification tools to ensure the authenticity of the conversion, as in Jewish law, where preparation for entry into the community is marked by stages of verification that assess the candidate’s true conviction. In contrast, other legal systems, such as Canon law or Islamic law, treat simulated conversion as an internal matter, without specific legal instruments to test the veracity of the convert’s intention.
A closely related aspect to simulated conversion is the phenomenon of abusive proselytism, which can take various forms: from the abuse of dominant positions to the prospect of economic or social benefits linked to conversion. In this context, the European Court of Human Rights has clarified that such practices are not protected under Article 9 of the European Convention on Human Rights concerning religious freedom. This opens the discussion on the role of States in ensuring that conversion processes are based on free and genuine will, without coercion or deceptive incentives. In some social and cultural contexts, simulated conversion is closely tied to the rigidity of religious rights, which often clash with pluralism and the personal choices of individuals. For example, the case of a non-Muslim converting for the sole purpose of marrying a Muslim woman represents an emblematic case. This choice can be dramatic for those facing the alternative of losing their loved one, especially in contexts where more flexible and progressive interpretations of Islamic law, allowing for mixed marriages, struggle to gain acceptance.
Both real and simulated conversions represent legal tension points within religious rights, particularly when they intersect with rigid social dynamics that make religious denomination a barrier to individual freedom. In this framework, it becomes essential that the State not only refrains from imposing laws that hinder the right to conversion but also actively promotes interreligious dialogue based on respect for diversity and openness towards denominational pluralism.
Only through greater attention to religious rights and the adoption of legal instruments that ensure transparent conversion processes, respectful of individual freedoms, will it be possible to overcome tensions between different religious denominations and promote peaceful coexistence in a pluralist society.
Second Area: Exit from Religious Denominations
The second area will be dedicated to the legal analysis of the process of exiting religious denominations, particularly in relation to the phenomena of apostasy and excommunication.
Regarding apostasy, the issue assumes critical importance in legal systems where leaving the faith involves not only religious but also personal, economic, and social consequences, as in the case of Iraq, where apostasy is seen not only as a spiritual challenge but also as a threat to the social and religious cohesion of the entire community.
The research will focus on how various legal systems address apostasy, highlighting the differences between systems that guarantee greater religious freedom and those where State religion limits the possibility of exercising the right to exit without facing discrimination or sanctions. The legal implications of apostasy and the potential for reforming legal systems to ensure greater protection of the individual right to change or abandon a faith will be examined.
Regarding excommunication, it constitutes a form of “forced exit” from the religious system, a process in which religious authority imposes separation from the ecclesial body in response to doctrinal dissent or deviance.
Excommunication is traditionally used to suppress dissent within the Church, particularly when such dissent concerns central issues of faith and morals. Forced exit through excommunication is not merely a matter of social exclusion but involves the deprivation of fundamental legal rights within the ecclesial system, such as access to sacraments, the ability to hold ecclesiastical offices, and exclusion from the spiritual benefits common to all Church members. Therefore, it deeply impacts not only the spiritual life of the faithful but also their religious identity and their belonging to a community that is, for many, central to their sense of self and faith.
In this perspective, excommunication becomes a means of social and legal control within the Church, aimed at preserving doctrinal unity and preventing the spread of ideas or behaviors that could undermine ecclesiastical authority or the deposit of faith. Religious dissent, especially when public and concerning central issues of faith, is thus punished with a form of partial expulsion from the ecclesial body, forcing the faithful into a kind of spiritual exile, without entirely severing the bond with the Church.
Third Area: Legal Instruments for the Protection of Religious Freedom: Power Dynamics and Denominational Pluralism
One of the most relevant aspects of excommunication, from the ENTER/EXIT perspective, is its role in defining the boundaries of religious affiliation. Excommunication not only expels the faithful from the religious community but also contributes to delineating the limits between what is acceptable and what is considered deviant within a religious legal system. This process of defining and redefining community boundaries is central to understanding how religious denominations exercise control over membership and manage dissent.
In many cases, the process of enter/exit is not solely punitive but represents a mechanism for addressing broader issues of religious pluralism and community identity. Religious denominations, particularly in contexts of strong social or political pressure, use excommunication to maintain internal cohesion and prevent the emergence of dissenting voices that could undermine the group’s authority or weaken the dominant doctrinal position.