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Pakistan & Islam Blasphemy Laws - Open To Abuse by Saad Anis "Derogatory remarks etc., in respect of the Holy Prophet: whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo or insinuation, directly or indirectly defiles the sacred name of the Holy Prophet, shall be punishable with death, or imprisonment for life, and shall also be liable to fine." Section 295-C, Pakistan Penal Code: "The penalty for contempt of the Holy Prophet, is death and nothing else." Federal Sharia Court, 1990. Throughout history, a familiar pattern is observable when it comes to laws for the preservation of religion or religious personages. These laws are always meant for the fulfillment of decadent ulterior motives under the garb of the safeguard of noble principles and ideologies. When King Ferdinand V and Queen Isabella gained the sentence of the Spanish Inquisition from Pope Sixtus IV in 1478, it was with the intent of driving out and the Jews and Moors from Spain, merely for the consolidation of their domain. What followed is the harrowing era that is known in the annals of history as the Black Legend. Thousands were branded as blasphemers and heretics, and were slaughtered after indescribable torture, all in the name of religion. Not dissimilarly, when General Zia incorporated the stringent Anti-Blasphemy Law into the constitution in 1986, it was with the sole base purpose of gaining the support of the religious community to prolong his hold on the coveted seat of power. The fact is that the religions that anti-blasphemy laws vow to preserve have never needed such preservation, and the venerated names that they purport to protect, have never required any protection in the first place. Christianity survived and indeed blossomed for 11 centuries before the inquisition was instituted in 1231. Similarly, the name of Prophet Muhammad had never needed a law to maintain its sanctity for 14 centuries, before the good General's brainstorm. Moreover, there seems to be no religious basis for such a law in Islam. The Qur'an clearly advises patience and forbearance in instances when a Muslim's beliefs are being flouted by a non-believer. "Allah is with those who restrain themselves." [Qur'an 16:128] "Have patience with what they say, and leave them with noble (dignity)." [Qur'an 73:10] "And when ye hear the signs of Allah held in defiance and ridicule, ye are not to sit with them unless they turn to a different theme." [Qur'an 4:140] The above ayahs clearly outline the emphasis on the exercise of fortitude by Muslims, and order them to leave a gathering where their religion is ridiculed. Those who claim to have emulated the Sunnah of the Prophet through their support of the promulgation of this law are clearly misinformed as well. When he first started preaching the tenets of Islam to the inhabitants of Makkah, the Prophet was slandered, mocked and labelled "mad". [Qur'an 68:2] He was stigmatised as a man "possessed"[Qur'an 23:70]. He was even threatened with death, and escaped an assassination attempt. However, upon the Muslim conquest of Makkah, he announced a general amnesty forgiving all offenders. Those who support this draconian law pretend to do so in harmony with the Sunnah of the very prophet who was stoned by the non-believers of Taif, but still prayed for their well-being. All that the anti-blasphemy law has done is invite gross abuse. According to it, the accused is arrested and consigned to prison and held without bail as soon as an FIR is registered against him, regardless of his guilt. He is "guilty until proven innocent", in an odious digression from the norm. As a consequence, hundreds have been languishing in jail, some for several years, pending trial. Furthermore, it has encouraged religious fanatics to incite raging mobs to lynch supposed offenders while the law enforcement authorities helplessly just look on. Statistics show the sorry picture. Since its invocation 18 years ago, not a single offender has been executed under the blasphemy law, while literally hundreds have been maimed, slaughtered and burned for the same offence by violent mobs roused by extremists. This law has lead to the condemnation of countless of innocents to the gallows by judges petrified at the thought of a public backlash directed at them. Dr. Younas Sheikh, sentenced to death in August 2001 under the blasphemy law and now awaiting the fate of his appeal, is the most recent example. Moreover, it has incited several like Bishop John Joseph to take their own lives in a final gesture of helplessness and frustration at the incongruity of the law. It has resulted in approximately 1500 Ahmadis and an equal number of Christians being charged with blasphemy in the last decade. We must keep in mind the fact that Islam "survived" for 39 years in Pakistan before the introduction of these laws. What this law has accomplished is the presentation of Pakistan to the world community as a state intolerant towards minorities. Pictures of angry mobs slaughtering individuals under the directions of theological militants and the knowledge of the existence of such an obtuse law does not augur well for the already tarnished image of Islam. One must be rational while deliberating upon this law. Such a law would only be required in a society where there exists a great danger of the slandering of the name of the Prophet becoming a commonplace occurrence. In a country like Pakistan where the Prophet is deeply revered, these laws are redundant. Moreover, such a vague law is precariously susceptible to misuse by opportunists aware of the volatile public sentiment over the issue in question. The West finally came to its senses and abolished the Inquisition in 1834. It is hoped that the authorities in Pakistan do the same, and put an end to this legalised barbarism prevalent in the form of the Blasphemy Laws of Pakistan. |
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