The death sentence handed down to Pakistani Christian woman Aasia Bibi by a court in Punjab province’s Nankana district has once again brought attention to Pakistan’s blasphemy laws. And while the 45-year-old mother of five awaits a review of the verdict against her, questions are being raised regarding the intent behind and utility of the said laws.
While the Constitution of Pakistan criminalises “deliberate and malicious acts intended to outrage” the religious sentiments of “any” community, the blasphemy laws, in the form of additions to Sections 295 and 298 of the Pakistan Penal Code (PPC), proceed to recommend much more exacting penalties, including death, if the accused is found to be either disrespectful toward or critical of the Quran, Prophet Mohammad, Islam’s caliphs and other important figures mentioned in the statutes. These particular laws therefore do not stand up for religions other than Islam thereby rendering defenceless other religious communities. Moreover, the laws’ provisions pertaining to the Ahmedi community in many ways constrain them from practicing their religion. Forbidden from calling themselves, or “posing” as, Muslims, the legislation makes abundantly clear, albeit circuitously, that their faith should not be what it is.
It was in the early 1980s and during the regime of former military dictator Ziaul Haq that committing blasphemy was made a penal offence under the PPC. In its current state, the law prescribes a jail term for anyone found disrespectful toward the Quran and death penalty for anyone found to be reproachful of Prophet Mohammad. Oddly enough, while the question of intent is not considered when it comes to the latter offence, it continues to remain punishable by nothing short of the death penalty. The blasphemy laws also prescribe a fine and a prison term with regard to penal offences associated with the Ahmedi community.
Having survived for nearly three decades in its current and extreme form, the blasphemy laws have so far escaped all reform due to opposition from religio-political groups. At the same time, other, essentially secular, political groups have been succumbing to these hardline forces mostly out of fear of losing clout in regions with conservative leanings and where religious organisations seem to enjoy a considerable degree of influence. Even at this point, with the international community ramping up pressure on the government to pardon Aasia and to eventually repeal the blasphemy laws, certain otherwise antagonistic clerics from the Barelvi and Deobandi schools of thought have come together to caution President Asif Ali Zardari over going ahead with the pardon saying the move may lead to “untoward repercussions”.
While the sentencing of Aasia has led to much international uproar, hers is just one of the many cases which have led to blasphemy convictions by the courts. Moreover, many of the blasphemy accused – mostly from the unprotected religious minority groups – have been targeted and sometimes killed by lynch mobs. The still recent killing of two Christian brothers in Faisalabad, the case of Zaibunnisa who remained incarcerated for 14 long years on blasphemy allegations and the violence that targeted Christians in Gojra in 2009 are just some of the recently reported instances which clearly depict how such laws have effectively abandoned the country’s religious minorities and emboldened extremists.
These and similar other incidents have inevitably led to questions pertaining to the rationale behind the laws as well as to their outcome in terms of greater social good. And while the laws are frequently used to blackmail and victimise Pakistan’s miniscule religious minorities, they also come in handy by those wanting to settle personal scores, sort business rivalries and tackle land disputes with other Muslims. Rights groups have continually demanded that the laws be repealed and have referred to the statutes as fundamentally unjust and discriminatory in nature.
Moreover, legal experts and analysts have frequently termed the text of the laws as vague and even flawed in ways that make it a ready instrument of abuse. Incompatible with the universally accepted human rights charter, the laws and their application also stand in clear violation of the Constitution of Pakistan which guarantees every citizen the “right to profess, practice and propagate” his/her religion and in fact forbids the state from making “any law which takes away” the citizens’ fundamental rights.
Given the fact that the blasphemy laws have only served to fuel disharmony and strife in society, a thorough review of the legislation, followed by significant changes to it, can be the first small step toward countering the culture of exploitation that has become all-too-synonymous with these laws.
Qurat ul ain Siddiqui is the Desk Editor at Dawn.com
The views expressed by this blogger and in the following reader comments do not necessarily reflect the views and policies of the Dawn Media Group.
Dear Editor,
295PPC&298PPC clearly violate the ethics of islamic doctrine as I understand. I am from Pakistan and went to school with muslims , worked among muslims and lived among muslims. There was a tiny segment of muslim society who was looking for this kind of instrument to harass minorities. This was introduced with an intent to scare non-muslims by the dictator with the help of his inner circle of extremist associates. Any sensible muslim friends will not approve it but will also not oppose it because of its repercussions. Those muslims who are fair minded and live in this world should start opposing it rather than be timid people because of repercussions.
Can you please enlighten us with your understanding as to why the two violate the ethics of Islam?
Islamic laws are made by the Sharia through the teachings of the Quran. If you dispute what brighton rodeo says then you agree that the blasphemy laws abide by Quranic teachings. This is not true. This is a man made law. The vast majority of Pakistan are honourable and sympathetic and you can witness the comments on this blog that Pakistanis are opposed to violence against their fellowmen.
If this law is not repealed, soon a judge might pronounce death sentence for all non muslims not only in Pakistan but in the rest of the world too. Won’t you be happy Akthar?
When educated people like some commenting here consider the laws as not discriminatory, what I can say for the majority of Pakistanis who are exploited by so-called religious leaders. This law has no place in a civilised society.
Why are people so narrow minded and lack the ability to behave decently towards people of other faiths. So backward and uncivilized! but everytime you say this you are told its a minority. I think Pakistan is a nation of armchair patriots and religious bigots.
It is clearly a law to discriminate non-Muslims in Pakistan and it should be repealed immediately. It creates bad blood between communities by creating a feeling among minorities that they are second class citizens in their own country.
The least the govt could do is to threaten the accusers with a heavy penalty if they cannot prove the allegations.
Bringing religion into politics is Mistake No 1. Look at what that has done to our country – it is rife with extremism and violence, and development is at a standstill… Long live peace! Long live Pakistan!
a referendum is the only solution
Any person or institution which does not appreciate criticism or analysis will not survive for long
Thanks for raising the awarness.
very rational and well put .. Kudos to sanity
I believe that all these kinds of laws are barbaric and not suitable for today’s world. Freedom of speech must be held in high regard for a society which wants to progress. All those who support these laws (hypocrites) would definitely not be happy if subjected to the same standards in non-Muslim countries.
Great read. Well said.
Nice analysis Qurat…..Way to go.
These laws are not discriminatory.
Misuse of a law does not necessarily means that you should repeal that law.
There has been NO single person Executed under this law ever since its been made.
The problem is “people” who try to take law into their own hands.
otherwise the law’s motive was to create religious harmony among people from different religions.
This is a good explanation. “There has been NO single person executed under this law ever since its been made.” At the same time the fanatics are allowed to take law into their own hands thereby killing the “blasphemous” minority. The only thing for a minority family in such a case is either to get converted to Islam to avoid such laws or flee the country, which is not possible for all. Please do not forget that the color of blood is red for a majority as well as minority. If a correct decision is not taken now, it may become too late. Just think.
By harmony of course you mean the fact that every member of the minority lives in fear that the majority may accuse them on any flimsy charge and put them in jail.
People in Pakistan are not inclined to insult each others religion. There is no need of these discriminatory laws. And those endorsing and using these laws are destabilising the country. They are creating hatred among citizens of Pakistan and are defaming Pakistan internationally.
If “There has been NO single person Executed under this law ever since its been made.” and those people were innocent then who is responsible for the miseries of affected individuals, their families and the communities. Many people have given their lives because of this drama. Extra judicial killings, life threats and burning of villages are creating no harmony.
“this law is for harmony” are you serious? are you awaiting eagerly for someone to be executed?
i am sure you cannot see people getting terrorized by these laws and their lives getting uprooted. you also cannot see people who were forced to leave their homeland where they have lived for generations just because of being terrorized by mobs in name of religion & sect?
laws are to protect citizens not to be used as blackmailing tactic.
i agree
Why aren’t similar laws available to protect other religions? Are other communities to simply take leave of Pakistan? Where is the religion’s equality in this law?
It is not the law that should be repealed. It is the mechanism that should be made so fool proof that there is no ambiguity and injustice to any one.
now thats hillarious again.
Even if we abide by a strict implementation of anti-blasphemy laws,the person making accusation of blasphemy must be ‘medically sane,mature,and reliable’.Now,how exactly does a country judge who exactly is honest/reliable and who is not?I am sure that had the Sahaba/Tabieen(immediate followers of Prophet Muhammad-upon him be peace) been alive,they would have held most of us to be poor in faith and in matters of reliability.
Anyway I don’t believe every allegation of blasphemy or even adultery is true;so lets temporarily suspend death penalties for these crimes,and re-study the scriptures to understand their utility in a modern context.
Agreed!