Algerian Justice Minister Sparks Controversy Over Penalties for Insulting Prophet’s Companions

Justice Minister Lotfi Bouzghouma made the comments in response to a written inquiry from MP Ahmed Beljelali, stating that insulting the Prophet’s companions, prophets, or Islamic rituals constitutes a criminal offense under Article 144 bis 2 of the Algerian Penal Code.

This article stipulates that anyone who “insults the Prophet (PBUH), any of the prophets, or mocks essential tenets of Islam or any of its rituals—through writing, drawing, speech, or any other means—shall be punished with imprisonment from three to five years and a fine of up to 100,000 dinars, or either penalty.”

The minister added that the public prosecutor may pursue legal action automatically in such cases and may initiate proceedings based on a complaint, even without a direct request from a victim. This categorizes such offenses as public crimes under the law.

Interestingly, this legal article has existed in Algeria’s Penal Code for years and does not explicitly mention the Prophet’s companions (Sahaba). However, the minister’s interpretation extended the law’s scope to include them, prompting some to mistakenly believe that a new law was passed to criminalize insults against the companions. Others questioned whether the minister’s interpretation is legally binding and how it might be applied, given ongoing debates about historical disputes among the companions.

Journalist Mohamed Allaouach wrote:“A law criminalizing insults against the Sahaba has no real connection to Algerian reality,” referring to the absence of such behavior in Algerian daily life.

Another commenter argued the law is imported from sectarian contexts irrelevant to Algeria, saying:

“This is an imported sectarian law that contradicts the religious reference they boast about… Our ancestors were never known for insulting the companions.”

A second commentator pointed out both legal and methodological flaws, asking:“Who qualifies as a companion, legally? And are they part of the ‘undeniable religious principles’ mentioned in the law?”

Opponents of the minister’s interpretation note that issues of insulting the companions are typically debated in Shia-majority or mixed Sunni-Shia contexts, while Algeria is overwhelmingly Sunni Maliki, making such discourse largely irrelevant—despite indications of some limited Shiite presence in the country.

During the airing of the TV series Muawiya during last Ramadan, Algerian social media saw debates over the character of this Islamic leader, with both criticism and defense emerging—but without clear sectarian overtones. Some groups, however, insisted that Muawiya, as a companion, should never be criticized under any circumstances.

Meanwhile, some praised the minister’s clarification as a defense of religious principles. One commenter wrote:“Thank God, a great victory for Ahl al-Sunna in Algeria. Five years in prison for anyone who dares to insult the Sahaba… Thank you, Minister of Justice. Your name will be recorded in history.”

Another added:“Be aggressive in filing lawsuits against anyone who offends the honor of the companions. These are the ones who carried this blessed religion to us.”

A more extreme reaction read:“This law will pain the pagans and some Rafidha (a derogatory term for Shia)… For them, modernity means endlessly chewing on the stories of the ancestors. This law exposed their masks and forced them out of their burrows.”

In the midst of the uproar, media figure Abdelali Mezghiche published a post strongly defending the minister’s statement and attacked those who claimed the law restricts freedom of speech. He wrote angrily:“Some of those attacking me think like cattle. They accused me of drafting the law! I only shared the content of an official document.”

He added harshly:“Go ahead and practice your sadism against the Sahaba if you wish, but remember this law was passed by elected MPs and reflects the will of society.”

Algerian courts occasionally hear cases involving insults to Islam, and the judiciary does not hesitate to issue harsh rulings—drawing condemnation from international human rights organizations who call for repealing Penal Code articles they claim restrict religious freedom.

One of the most prominent such cases involved political activist Amira Bouraoui, who faced trial for two cases related to her social media posts on religious matters. She was prosecuted in October 2020 following complaints from a group of lawyers who claimed she insulted the Prophet and his companions. The case focused on posts mocking Abu Huraira, a companion known for narrating many hadiths. Bouraoui later deleted the posts but was convicted and sentenced to two years in prison for mocking established Islamic teachings and hadiths.

Similarly, activist Said Djabelkhir was prosecuted in 2021 for social media posts that some considered offensive to Islam. He was sentenced to three years in prison and fined without a referral order. The charges were filed by a university professor in Sidi Bel Abbès who claimed Djabelkhir’s Facebook writings violated religious doctrine.

His conviction drew condemnation from Amnesty International, which stated:“Punishing someone for discussing religious beliefs is a blatant violation of freedom of expression and religion—even if others find the comments offensive.”

Amna Guellali, Amnesty’s Deputy Director for MENA, added:“Algerian courts are not meant to judge people’s religious beliefs or opinions. The Penal Code must be urgently amended to eliminate any articles that criminalize freedom of expression, belief, or opinion.”