The New Pakistani Legislation on Blasphemy Targeted Against Shias
Pakistan's blasphemy laws are tools for the
persecution of minorities
Main Points
1.
General
Zia updated blasphemy laws to defend the majority Sunni sect.
2.
71
countries have blasphemy laws out of which 32 are Muslim countries.
3.
1500
cases of blasphemy came up in three decades in Pakistan.
4.
In
non-Muslim countries, the punishment for blasphemy is a maximum of two years in
prison while in Muslim countries, it is death.
5.
Governor
Salman Taseer was killed by his bodyguard for opposing blasphemy laws.
New Age Islam Staff Writer
08 February 2023
In January this year, Pakistan's national
assembly passed expanded legislation on blasphemy which provided for punishment
for blasphemy against the holy wives of the prophet of Islam, his companions
and his relatives. The country already has anti-blasphemy laws that have
provisions for death punishment for blasphemy against the prophet and the
Quran. This new expanded legislation will be a cause of sectarian strife and
persecution of minorities. It will also have far-reaching consequences among
the Sunni sect.
The idea of blasphemy has been promoted by
extremist exegetes over a long period of time. It was based on some instances
of execution of non-Muslims during the prophet's time. Some people who committed
blasphemy were killed at the orders of the prophet but there were others who
were forgiven. Many others were simply ignored. Famous Arab poet, Ka'ab bin
Zuhayr's killing had been ordered because of his continuous blasphemous poetry
against the prophet but was forgiven when he repented and sought pardon. He
then wrote a qaseeda (poem. in praise) in the prophet's honour. The qaseeda
known as Qaseeda Burdah has become a part of Islamic poetry.
The Quran has dealt with the issue of blasphemy.
From dozens of verses, it appears that the enemies of the Muslims often made
blasphemous remarks against the holy prophet. They called him a madman, a
sorcerer, a poet, a liar, possessed by djinns etc. The Quran records all the
remarks made by them. The enemies of the prophet even made unsavoury remarks
about Hadhrat Ayesha r.a. after she was left behind the prophet's
entourage. The Quran chides those who doubted her purity and warned them
against such behaviour. Those who made false allegations against her were
warned of grave torment. But no physical punishment was prescribed either for
the Muslims who doubted her chastity or for the enemies of Islam or the
hypocrites. As a matter of principle, the Quran does not prescribe any physical
punishment for blasphemy, leaving aside the death sentence (sar tan se juda).
The verses of the Quran on blasphemy are as
follows:
"And for those who commit blasphemy against
the prophet there is a grave torment (in the Hereafter)."(Taubah: 61)
"And you will be tested with wealth and lives and
rather you will hear much of blasphemy from the later generations of the People
of the Book and from the polytheists but if you observe restraint and piety, it
is courage."(Al-e-Imran: 186)
"And those who cause hurt to Allah and His
prophet were condemned by God in the world and the Hereafter and He has
prepared for them a humiliating punishment".(Al Ahzab:57)
From the verses quoted above, it is clear that
derogatory remarks are not appreciated by God as he is hurt when the Prophet is
hurt; He warns those from the People of the Book and from among the polytheists
of a grave torment in the Hereafter but does not want bloodshed on earth in the
name of blasphemy. Those committing blasphemy will live as condemned souls on
earth. But Muslims are advised not to commit violence. They are, in fact,
advised to observe restraint and piety because observing restraint, not losing
their temper, is an act of bravery.
Therefore, the blasphemy laws of Pakistan and other
Islamic countries don't reflect the spirit of the Quran or Sunnah. The
recently expanded legislation on blasphemy appears to be aimed at the Shias
who criticise the holy companions of the prophet and Hadhrat Ayesha r.a.
Earlier legislation was passed making it mandatory to say Khatamun nabiyyin
(the last prophet )every time one takes the name of the prophet. This law was
aimed at the Ahmadis. But the new legislation may cause rifts and
sectarian and ideological differences even among Sunni groups because Amir
Muawiyah was also a companion of the prophet and a section of Sunni ulema
holds him responsible for the martyrdom of Imam Hussayn a.s. Amir Muawiyah is
seen by Shias as an opponent of Hadhrat Ali r.a. In Pakistan, some ulema,
particularly Engineer Ali Mirza openly express their views against Amir Muawiyah.
This legislation may be an attempt by the Wahhabi lobby supported by the
Taliban to silence ulema like him. Therefore, after this legislation has
been passed, Engineer Mohammad Ali Mirza may face the law. If he is booked
under this law for blasphemous remarks against Amir, Muawiyah, his disciples
and followers who are spread all over Pakistan may hit the streets and new
sectarian strife may emerge.
This is why the Human Rights Commission of
Pakistan, an independent rights group has said that it was deeply concerned
over the latest legislation. A statement released by the group said, “Given
Pakistan’s troubled record of the misuse of such laws, these amendments are
likely to be weaponised disproportionately against religious minorities and
sects, resulting in false charges, harassment, and persecution."
The new legislation, therefore, will only aggravate
the communal and sectarian atmosphere of the country.
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