Misuse of Blasphemy Law: A Serious Threat to Pakistan!
By Ghulam Ghaus
Siddiqi, New Age Islam
15 June
2024
Ulama and Religious Scholars Need to Address
the Importance of Not Taking the Law into One's Own Hands, Especially in
Blasphemy Accusations.
Blasphemy Accusations in Pakistan Frequently
Stem from Baseless Allegations Fuelled by Personal Grudges or Hidden Agendas,
Reflecting A Disturbing Trend That Undermines Justice and Harmony Within
Society. The Ulama and Religious Experts Must Stress the Need to Respect the
Law and Abstain from Vigilantism, Especially When Handling Charges of Blasphemy
That Are Frequently Influenced More By Emotions Than By Factual Evidence.
Main Points:
1.
Blasphemy accusations in Pakistan
are often unfounded and motivated by personal vendettas or ulterior motives.
2.
The Quran emphasizes thorough
investigations before judgment, but it is often ignored in emotionally charged
situations, leading to wrongful blasphemy accusations jeopardizing survival.
3.
The Pakistani mob's misuse of the
blasphemy law violates Islamic Shari'ah principles of justice and fairness,
perpetuating violence and discrimination.
4.
Religious leaders must address this
issue and educate their followers on the true teachings of Islam regarding
justice and compassion.
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In
Pakistan, expressing opposition to the blasphemy law is a topic of extreme
sensitivity that has led to terrible outcomes in the past. For instance, back
in 2011, the governor of Punjab, Salman Taseer, was tragically assassinated by
one of his own guards for advocating reforms to the Blasphemy Law of Pakistan.
Similarly, during the same year, the Federal Minister of Minorities, Shehbaz
Bhatti, met a similar fate for daring to push for changes in the same
legislation.
It is worth
noting that a significant number of blasphemy accusations in Pakistan are often
unfounded and motivated by personal vendettas or ulterior motives. This
unfortunate reality not only victimizes innocent individuals but also plays on
the emotions and sentiments of ordinary citizens. Due to the predominantly
Muslim demographics of the accusers, their claims are often taken at face
value, making it challenging for the accused to refute the allegations and
receive fair treatment in the legal system.
The Quran,
the holy book of Islam, emphasizes the importance of conducting thorough
investigations before passing judgements, yet, in these emotionally charged
situations, such essential teachings are often disregarded. As a result,
individuals wrongly accused of blasphemy find themselves in extremely
precarious situations where their very survival is jeopardized by the
assumption of guilt laid upon them by impassioned accusers who resist following
the Quranic guidance on due process.
The
blasphemy law in Pakistan, which carries the death penalty for blasphemy, has
sparked widespread debate and global outrage due to its severe consequences.
Despite the prevailing belief that many of the accusations are unfounded,
countless individuals have unfortunately lost their lives at the hands of
enraged mobs seeking vigilante justice. National and international human rights
organizations have pointed out that the blasphemy law is often misused by
individuals to settle personal vendettas and suppress marginalized communities,
creating an atmosphere of fear and intimidation among the country's minorities.
In Islamic
Shari'ah, it is strictly prohibited to torture or falsely accuse someone of
blasphemy, emphasizing the importance of justice and fairness. However, the
actions of the Pakistani mob blatantly disregard these principles, leading to a
grave miscarriage of justice. The failure of religious leaders to address and
combat this misuse of the blasphemy law further perpetuates the cycle of violence
and discrimination, as they too share responsibility for not educating their
followers on the true teachings of Islam regarding justice and compassion. It
is essential for all stakeholders, including government officials, religious
figures, and the general public, to come together to address this issue and
uphold the principles of justice and human dignity as enshrined in Islam.
Although
all sects of Muslims, such as Sunni Barelvi, Deobandi, Jamaat-e-Islami, and
Salafi, share the belief that blasphemy against the Prophet [peace be upon him]
warrants the death penalty and use this belief to support Pakistan's blasphemy
law, they equally denounce the act of falsely accusing individuals of
blasphemy. These sects emphasize that imposing the death penalty should be the
role of the Islamic Court of Justice, and no individual should take the law
into their own hands. However, a concerning issue arises when, despite these
clear principles, there have been several instances where enraged mobs have
unjustly taken the lives of individuals based on mere allegations of blasphemy,
highlighting a grave failure in upholding the principles of justice and due
process within the society. This underscores the critical need for a more
robust legal system that not only ensures the protection of individuals but
also upholds the fundamental principles of justice and fairness. In light of
these incidents, it becomes evident that there is a pressing need for greater
awareness and education within the community to prevent such miscarriages of
justice and uphold the true values of respect, tolerance, and due process. Only
by fostering a culture of understanding and compassion can we hope to prevent
such tragic occurrences and ensure that justice prevails in our society.
Falsely accusing
anyone of blasphemy has long become a common and deeply concerning behaviour in
Pakistan due to a grave lack of accountability and oversight in addressing such
allegations. In many instances, individuals are targeted and accused without
proper evidence or investigation, leading to the devastating outcome of
mob-driven vigilantism. The prevailing trend is alarming - the mere accusation
of blasphemy often leads to an individual being unjustly killed by an enraged
mob, amplifying the urgency for concrete reforms and stricter enforcement of
the law.
In a
revealing report back in 2013, the news agency AFP shed light on the alarming
state of affairs in Pakistan's capital, Islamabad, during a meeting of the
Islamic Ideological Council. It was reported that during this gathering,
religious leaders unanimously proposed a severe penalty for those who falsely
level accusations of blasphemy. Allama Tahir Ashrafi, a respected figure linked
to the Council, emphasized the gravity of the situation, stating, "All
religious scholars concur on the necessity to put an end to the misuse of
blasphemy laws." This collective stance was further solidified by a
crucial decision made by the Council that proposed the imposition of an
identical punishment on those who falsely accused others of blasphemy,
enhancing the deterrent effect against abusing religious laws for personal
vendettas.
The essence
of this pivotal meeting and the urgent need for legal reforms is evident,
especially considering the dire consequences that unfounded accusations have
had on innocent lives over the past decade. Despite the clear consensus on
combating the misuse of blasphemy laws, progress on legislative reforms has
been stagnant, allowing the vicious cycle of baseless accusations and mob
violence to persist unchecked. The continued lack of accountability not only
perpetuates a culture of fear and injustice but also emboldens individuals to
exploit religious sentiments for personal gain, perpetuating a dangerous cycle
of violence and impunity in society.
According
to the penal laws of Pakistan, specifically in cases of blasphemy, individuals
convicted may face the imposition of the death penalty. Even though there has
never been an official execution for this offence in Pakistan's history, it is
a deeply contentious issue that often incites intense emotions and vigilante
justice. As documented in a report by the DW website, there have been several
instances where the enraged public has taken matters into their own hands,
resulting in the extrajudicial killing of individuals suspected of committing
blasphemy. This highlights a disturbing trend of mob violence and a lack of due
process in addressing such sensitive matters within the country. The failure to
uphold the rule of law and provide fair trials only serves to perpetuate a
climate of fear and uncertainty, where accusation alone can lead to tragic
consequences. Pakistan must address these shortcomings in its legal system and
ensure that justice is administered fairly and impartially, following international
human rights standards.
It is
indeed a pressing matter that requires immediate attention that the Ulama and
religious scholars need to address why they do not deliver speeches,
emphasizing the importance of not taking the law into one's own hands, especially
in cases of blasphemy accusations. While it is openly stated that blasphemy is
punishable by death, under Islamic Sharia law, it is crucial to highlight that
vigilantism and extrajudicial actions have no place in Islamic teachings. This
critical lack of emphasis on the prohibition of taking the law into one's own
hands has resulted in a disturbing trend of individuals being targeted and
harmed without due process in cases of blasphemy allegations in Pakistan.
Therefore, it is imperative for Ulama to take a proactive stance against the
misuse of blasphemy laws and to educate the general public about the importance
of due process and the rule of law. By instilling this understanding in the
masses, the Ulama can play a pivotal role in curbing the unjust and violent
actions taken against those accused of blasphemy, thereby fostering a more just
and harmonious society.
Due to the
repeated misuse of blasphemy laws in Pakistan, instances of individuals being
killed over unfounded accusations of blasphemy have tragically spilled over
into India, even though India does not have specific blasphemy laws in place.
One such incident that shook the nation was the killing of Kanhaiya Lal based
on baseless blasphemy allegations. Following this incident, prominent Indian
clerics, including those from the Barelvi sect, publicly voiced their
condemnation of the murder, drawing upon the teachings of revered scholar Imam
Ahmad Raza, also known as Alahazrat. They underscored that according to the
principles of Islamic Sharia, the implementation of blasphemy laws is only
valid within an Islamic governing system, emphasizing that individuals should
never resort to vigilantism.
The stark
difference in the severity of this issue between India and Pakistan highlights
the urgent need for reform in Pakistan's blasphemy laws. Regretfully, such
cases have become all too common in Pakistan, desensitizing communities to
these grave injustices. It is imperative for Pakistani authorities and society
at large to unequivocally advocate for changes in the blasphemy laws and curb
the widespread abuse of legal provisions. By addressing these fundamental issues,
we must strive to ensure that no individual feels compelled to take matters
into their own hands in the name of perceived justice or religious fervour.
The Fatwa
issued by Aala Hazrat Imam Ahmad Raza Barelvi emphasizes the importance for all
Muslims, especially those who may be inclined to take laws into their own
hands, to adhere to the teachings of Islam regarding crime and punishment.
The fatwa
reads: “Killing a criminal and taking
the law into one’s hands is a crime. Any common man who does so is a criminal
in the eyes of Islam and will be punished by the judiciary.”
The fatwa
sternly declares that acts of vigilantism, such as killing a criminal outside
the due process of law, are considered criminals in the eyes of Islam. Aala
Hazrat further stresses that any individual regardless of their beliefs or
intentions, who engages in such actions will be held accountable before the
judicial system.
Furthermore,
in addressing the issue of blasphemy and the associated punishments, Aala
Hazrat Imam Ahmad Raza Khan Fazil-e-Barelvi clearly delineates that the
application of such penalties is the prerogative of a legitimate Islamic
government and judiciary. He explicitly states that only the duly appointed
authorities, like the Hakim or Sultan of an Islamic state, possess the
authority to enact and uphold punishments for crimes, including blasphemy. Any
deviation from this established system of justice, as reiterated by Aala
Hazrat, is deemed unlawful and unacceptable in the eyes of Islamic law.
In the
specifics of a scenario where blasphemy is punishable by death and an
individual takes the law into their own hands by resorting to violence, Aala
Hazrat Imam Ahmad Raza Khan underlines that this individual would be viewed as
a criminal within the Islamic legal framework. Consequently, such a person
would be subject to the jurisdiction of the Islamic government or court, facing
the appropriate consequences for their transgression.
Moreover,
Aala Hazrat's guidance extends beyond the realm of countries governed by
Islamic law. In democratic societies, the responsibility entrusted to
individuals is not to mete out justice independently but to denounce criminal
behaviour, prevent the association of law-abiding citizens with offenders, and
cooperate with legal authorities to ensure that justice is served rightly. This
serves as a reminder that the enforcement and administration of justice are the
sole purview of the established legal system in any given society.
The
invaluable insights encapsulated within the Fatwa of Aala Hazrat are documented
in his book 'Husamul Haramain,'
where he elaborates on the principles guiding the Islamic perspective on crime,
vigilantism, and punishment. The dissemination of this fatwa to a wider
audience, as spearheaded by individuals like Mufti Saleem Noori, plays a
crucial role in averting potential legal transgressions and fostering a deeper
understanding of the nuanced teachings of Islam in societal contexts.
In
conclusion, it is imperative for all individuals to uphold the sanctity of the
legal system and refrain from taking the law into their own hands, as
underscored by the profound wisdom of Aala Hazrat Imam Ahmad Raza Barelvi.
Related
Articles:
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A regular Columnist with NewAgeIslam.com, Ghulam Ghaus Siddiqi Dehlvi is
a Classical Islamic scholar with a Sufi background and English-Arabic-Urdu
Translator.
URL: https://www.newageislam.com/islamic-society/misuse-blasphemy-law-threat-pakistan/d/132513
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