Anti-Blasphemy Terrorism in Pakistan in A Global Perspective: The Role Of ‘Deep State' And Islamist Supremacist Ideology
By
Grace Mubashir, New Age Islam
28 August
2023
The army,
the intelligence community, and/or other governmental organizations no longer
make up Pakistan's deep state. Religious groups across the nation are the
"state within the state's" predictable allies. There is a rising
concern about the court joining the deep State group as a partner. An
International Crisis Group assessment from a few years ago claimed that
"the judiciary has failed to uphold the constitution and to oppose Islamic
legislation that violates fundamental rights." The article made note of
the fact that "the legacy of military rule in Pakistan includes
discriminatory religious laws that undermine the rule of law, encourage
vigilantism, and embolden religious extremists." The research highlighted
how the nation's blasphemy law discriminates against people based on their
religious beliefs and "imposes harsher sentences, including the death
penalty, for offences against Islam." According to the International
Crisis Group (2008), Pakistan's blasphemy law has been "widely abused,
particularly by radical Sunni groups targeting religious minorities."
Since then, nothing has changed, and things have really gotten worse. The most
recent incidents—that too within two months—have demonstrated that even
Pakistan's judiciary cannot be viewed as the last bastion of the common man.
How Frequent
Is Blasphemy-Related Violence in Pakistan?
Blasphemy
convictions are prevalent in Pakistan, despite the fact that no one has ever
been executed. In addition, vigilante crowds have massacred dozens of people
even before a case has been put on trial, even though the majority of
convictions are overturned on appeal by higher courts. People with mental
problems, famous politicians, members of religious minorities, students, and
priests are among those who have been killed. Among other methods of
extrajudicial execution, they have been burned to death, hanged by mobs, shot
in courtrooms, and hacked to death on the side of the road.
At least 85
people have been murdered in connection with blasphemy accusations since 1990,
according to local media and experts. Regardless of the evidence, judges considering
blasphemy trials have reported feeling pressured to convict due to threats of
physical violence if they don't. Local police have been observed stepping aside
and letting mobs carry out their attacks when anti-blasphemy violence flares
up, frequently out of concern that they could be labelled as
"blasphemers" themselves for not allowing lynchings.
Aljazeera
had reported this March increasing incidents of blasphemy retributions in
Pakistan often targeting minorities. Pakistan's National Assembly passed a
resolution on Jan. 17, 2023, to strengthen the country's blasphemy laws, which
carry the death sentence for insulting the Prophet Muhammad. The punishment is
currently 10 years in prison or life in prison for anyone who is believed to
have insulted the prophet's companions, which may have included thousands of
early Muslims.
Human
rights advocates are worried that minorities, particularly Shiite Muslims, who
are critical of many influential early Muslims, could be targeted by the new
rules.
After Iran,
Pakistan has the harshest blasphemy laws in the world. Over the previous three
decades, around 1,500 Pakistanis have been accused of blasphemy. In a case
highlighted by the international media, a university lecturer named Junaid
Hafeez was given the death penalty in 2019 after being found guilty of defaming
the Prophet on Facebook. His sentence has been challenged in court. Although
there have never been any executions, Pakistan has seen extrajudicial killings
for blasphemy. More than 80 people have been killed by mobs and vigilantes
since 1990 on the grounds of allegedly insulting Islam.
Pakistan's
blasphemy law came under the global media spotlight almost a decade ago when a
Christian woman, Asia Bibi, was sentenced by a court to death for alleged
blasphemy by Pakistan's Supreme Court. The visit of Taseer (former Governor of
Punjab) to Bibi was seen as a show of solidarity for the Christian woman.
Following his visit, Taseer said that the provisions of Pakistan's "Black
Law" regarding blasphemy were "unjust" and
"unacceptable". Taseer's comments eventually led to his assassination
by his own attendant in Islamabad on January 4, 2011. After several years, Asia
Bibi's conviction was annulled by the Supreme Court in 2018, but her release
was met with protests from thousands of Islamists all over Pakistan. Similar
incidents were reported during this period, most of which were targeted at
Christian minorities. One of the most prominent incidents was the mob attack in
Joseph Colony, Lahore's Christian community, in March 2013, when a quarrel
between two friends resulted in blasphemy charges and the destruction of up to
150 houses belonging to poor Christians. There have been reported several
similar cases and incidents related to blasphemy in Pakistan in the coming years.
Harsh Amendments
to The PPC Under General Zia
Blasphemy law in Pakistan is mainly derived
from Sections 295 and 298 of the Pakistan Penal Code (PPC). The articles of
incorporation essentially duplicate the amendments made to the Anglo-Indian
Penal Code of 1860 regarding religious offences that apply to all religions. In
1927, Section 295-A was added to the Indian Penal Code following general
tensions between the Hindu and Muslim communities. After gaining independence
in 1947, Pakistan maintained a Penal Code inherited from the British colonial
government. However, between 1947 and 1977, only 10 convictions related to the
crime of anti-religion were handed down. Meanwhile, the Pakistani state must
deal with issues related to religion and ethnic minorities.
The problem
of the Ahmadis has remained a serious one since the riots against them in 1953.
Successive governments have ignored their basic democratic rights, even under
popular rule. For example, in 1974, during the reign of Prime Minister Zulfiqar
Ali Bhutto, the National Assembly amended the 1973 Constitution of Pakistan to
state that anyone "did not believe in absolute finality of Prophethood
standard of the prophecy of Muhammad (peace be upon him), the last prophet or
declared himself a prophet, in any sense of the word or description, after
Muhammad (peace be upon him) ), or recognize such a claimant as a prophet or
religious reformer, who is not a Muslim for purposes of the Constitution or the
law, which considers itself a sect within Islam, specifically referred to as a
“non-Muslim religious minority”. However, they have been repeatedly harassed in
Pakistan and even the basic rights of a minority community have been violated
throughout the years.
While a
popular government (under Bhutto) did this draconian amendment to disempower
the Ahmadis, it was during the military rule of General Zia, in the 1980s, that
these ruthless provisions were further incorporated into the PPC. In 1991 Prime
Minister Nawaz Sharif introduced the mandatory death penalty for blasphemy
after the National Assembly failed to step in to reject the death penalty
upheld by the Federal Sharia Court in 1990. According to Section 295-B of PPC
(Defiling, etc., of the Holy Qur'an), “Whoever wilfully defiles, damages or
desecrates a copy of the Holy Qur'an or of an extract therefrom or uses it in
any derogatory manner or for any unlawful purpose shall be punishable with
imprisonment for life.” As per Section 295(C) – use of 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 Muhammad (peace be upon him) shall be punished with death, or imprisonment
for life, and shall also be liable to fine” (Pakistan 1860). Section 298-A(Use
of derogatory remarks, etc., in respect of holy personages) says that “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 any wife (Ummul Mumineen), or members of the family (Ahle-bait), of the
Holy Prophet (peace be upon him), or any of the righteous Caliphs (Khulafa-e-Rashideen)
or companions (Sahaaba) of the Holy Prophet (peace be upon him) shall be
punished with imprisonment of either description for a term which may extend to
three years, or with fine, or with both.” While Section 298-B pertains to
punishment for the “misuse of epithets, descriptions and titles, etc., reserved
for certain holy personages or place,” Section 298-C prescribes punishment for
a person of Quadiani group (Ahmadis,) etc., “calling himself a Muslim or
preaching or propagating his faith” (Ibid). According to Pakistan's Criminal Law
(Amendment) Act, 2004, offences relating to Section 295C of the PPC, which
prohibits derogatory remarks against the Prophet Muhammad (Pakistan 1860), must
be investigated by a police officer at the level of the superintendent or above
(Pakistan 2005). It should be noted that prior to the Zia military regime
(1977-1988), the CPP did not have any provisions on penalties for blasphemy. As
reported by The News International, only 10 blasphemy cases were tried in court
in the 58 years from 1927 to 1985, but since 1986, especially after the CPP
amendment, there have been more than 4,000 cases, citing data collected by many
different organizations and NGOs working on this issue. According to
information compiled by the Lahore-based Centre for Social Justice, 1,472
people were charged under blasphemy laws between 1987 and 2016. Oddly enough,
the majority of defendants were Muslim (730) while there were 501 Ahmadis, 205
Christians and 26 Hindus.
In 2012, the United Nations Special Rapporteur
on the Independence of judges and lawyers found that blasphemy laws "serve
the private interests of extremist religious groups and are not solely contrary
to the Constitution of Pakistan", but also contrary to human rights
standards, especially human rights standards", issues related to
non-discrimination and freedom of expression and opinion”. The Special
Rapporteur also recommends that “Pakistan abolish or amend its blasphemy laws
in accordance with its human rights obligations.” In addition, it is clarified
that “the compulsory application of the death penalty, as provided for in
Article 295-C, is prohibited by international human rights law”. The
International Commission of Jurists (ICJ) has found that all the institutions
of the Pakistani state - the executive, parliament and members of the judiciary
- have "actually abdicated their responsibilities under the law".
human rights when people are accused of blasphemy, deliberately leaving them”
to organized mobs and extremist religious groups, or face trials that are
fundamentally unfair”.
According
to the ICJ report, people accused of blasphemy remain vulnerable even after
they officially become victims of the criminal justice system. In many cases,
blasphemy defendants awaiting trial or serving time after conviction have been
assaulted while in custody and the authorities have failed to protect them.
Some were even killed. In some cases, it is the police who are the
perpetrators. Individuals who are prosecuted for blasphemy are also routinely
denied fair trial guarantees: blasphemy-related proceedings are unduly
protracted; prior to trial accused persons are frequently unduly denied bail
and are held in custody for extended periods of time awaiting trial; and while
detained, they are often held in solitary confinement for prolonged periods.
Human
rights groups and religious and ethnic minorities within and outside Pakistan
continued to demand repeal of the draconian anti-blasphemy regulations which
have been repeatedly misused to target minorities and all voices of dissent,
but the successive governments remained apathetic. The US Commission on
International Religious Freedom (USCIRF) in its Annual Report 2020 noted that
the “systematic enforcement of blasphemy and anti-Ahmadiyya laws, and
authorities' failure to address forced conversions of religious
minorities—including Hindus, Christians, and Sikhs—to Islam, severely
restricted freedom of religion or belief.” On many occasions, the senior U.S.
officials highlighted Pakistan's religious freedom violations in their
interactions with government agencies. The Annual Report 2020 stated that
several ongoing trials linked with blasphemy charges saw prolonged delays as
cases were shifted between judges. Besides, as the Report says, “these laws
create a culture of impunity for violent attacks following accusations.”
The murder
of Professor Khalid Hameed in March 2019 by a student over alleged
'anti-Islamic' comments is a case in point. Crowds attacked and burned Hindu
shops and places of worship in Sindh following incidents involving allegations
of blasphemy. Another mass attack against the Christian community was reported
in Punjab recently. In another incident, up to 200 Christian families in
Karachi were forced to flee their homes following mob attacks, after several
Christian women were accused of blasphemy. USCIRF further pointed out that
Ahmadi Muslims, whose faith has been criminalized, have become the target of
"relentless repression by the authorities as well as social harassment
because of their beliefs" by the government and the crowd.
Blasphemy
Laws in Global Perspective
Blasphemy
laws have historically been against the law for ages in many different nations.
In nations where Semitic religions were dominant, this is clearly seen. Before
Islam originated in the seventh century, scholars contend that blasphemy rules
were a feature of both Judaism and Christianity. This took on greater
significance in the modern age as ruling elites turned to strategies that would
protect their regime interests and legitimacy. Many Western European nations
still uphold blasphemy and related prohibitions, according to a study
documented by the U.S. Congress. However, "there have been prosecutions in
recent years in Austria, Finland, Germany, Greece, Switzerland, and
Turkey." In some nations, they are never put into practice.
However,
"there have been prosecutions in recent years in Austria, Finland,
Germany, Greece, Switzerland, and Turkey." In some nations, they are never
put into practice. "Laws prohibiting proselytizing or insulting religion
are prevalent" throughout Eastern Europe and Central Asia. The study draws
on the experiences of Belarus, Kazakhstan, Kyrgyzstan, Turkmenistan, and
Uzbekistan to highlight some of the more recent incidents.
The
majority of West Asian and North African nations have strict laws against
insulting or derogatory statements made about Islam or religion in general.
They include Algeria, Bahrain, Egypt, Iran, Jordan, Kuwait, Morocco, Qatar,
Saudi Arabia, Sudan, Tunisia, the United Arab Emirates, and the West Bank, all
of which have recently passed or tightened similar legislation. Comoros,
Ethiopia, The Gambia, Kenya, Malawi, Mauritania, Nigeria, Rwanda, Somalia,
Tanzania, and Zimbabwe are Sub-Saharan African nations have such laws outlawing
blasphemy, proselytizing, or similar activities, albeit there is little
information on their application.
Blasphemy
laws are strictly enforced in Pakistan and Afghanistan in South Asia. The
British Indian Penal Code (1860), which includes a blasphemy statute that
apparently "is used by all of India's faith groups when their religious
sensibilities are hurt", is still incorporated into the Indian Penal Code
of independent nations. Bangladesh also has laws that follow this pattern, but
not to the point where blasphemy is punishable by death. However, in 2013, tens
of thousands of Muslims protested in Dhaka, calling on the government to pass
legislation outlawing blasphemy and punishing anyone who disrespects Islam with
the death sentence. A new blasphemy law carrying the death penalty was being
pushed for by the Islamist group Jamaat-e-Islami (Al Jazeera, 7 April 2013).
The Bangladeshi writer Taslima Nasreen had to flee her country in 1994 as a
result of an Islamist fatwa against her for "casting aspersions on
Islam" in her novel Lajja. But prime minister Sheikh Hasina claimed that
no such law was required because the existing laws were sufficient to handle
such cases.
Southeast
Asian nations like Myanmar, Brunei, Indonesia, and Malaysia all have
blasphemy-related legislation in force. Laos, the Philippines, Singapore,
Thailand, Japan, and New Zealand are other nations in the area as well as East
Asia and the Pacific that have similar laws. Canada has a blasphemy law in
North America, but it is not enforced.
Is There
Really A Blasphemy Law In Islam?
Regarding
'laws' that impose penalties (including the death sentence) for offending Islam
or the Prophet Muhammad, there are conflicting interpretations. The main
foundations of Islamic law are the Quran and the Sunnah, although, over the
years, many schools of Islamic theology have interpreted them differently.
Islamic law involves hermeneutical encounters with the text and settings of the
Quran. The Quran has a number of allegories, analogies, and ambiguities,
according to eminent Islamic scholars, which call for interpretations based on
suitable standards of justice, fairness, and values of a decent life. In
actuality, the Quran makes no mention of blasphemy. It didn't show up anywhere
in the development of Islamic law. The Quran contains numerous instances where
unbelievers continued to mock and tease the Prophet.
However,
there is no clear directive for penalizing those who made fun of him. Rather,
the Quran commands Muhammad to leave the penalty for such insulting behaviour
and disparaging remarks to God. Additionally, the Prophet should be granted
God's mercy and grace, according to the Quran.
Those who
concur that Islamic traditions have had blasphemy laws since their inception
will claim that these laws are founded on the Sunnah (prophet Muhammad's
sayings and actions). They cite the case of a Jewish woman who was allegedly
murdered for penning provocative poetry critical of the Prophet and Islam. The
claim that the Prophet "praised the man" who killed her has no basis
in reality.
Another
account, however, claims that the Jewish woman was actually murdered for sedition
for violating the Medina Covenant and not for any profane remarks. You may
recall that the Prophet frequently experienced insult, disdain, and denigration
for his extreme actions whenever he was in Mecca. It was only logical that the
Prophet would face an excessive number of foes in the rapidly developing
environment of the establishment of an Islamic state. But he exhibited great
patience and stayed unaffected.
There are
numerous examples of this kind in the Quran itself.
The Surah
21:41 reads,
“Mocked
were (many) apostles before thee; but their scoffers were hemmed in by the
thing that they mocked” (Al-Anbiyaa – translation by Yusuf Ali).
The Surah
38:4 says,
“So,
they wonder that a Warner has come to them from among themselves! and the
Unbelievers say, “This is a sorcerer telling lies!” (Sad – translation by Yusuf Ali).
In spite of
such attacks and ridicule, the Quran (Surah 73:10), advises the Prophet to
“have patience with what they say and leave them with noble (dignity)”
(Al-Muzzammil translation by Yusuf Ali).
The Surah
5:13 reads:
“But
because of their breach of their Covenant We cursed them and made their hearts
grow hard: they change the words from their (right) places and forget a good
part of the Message that was sent them nor wilt thou cease to find them barring
a few ever bent on (new) deceits: but forgive them and overlook (their
misdeeds): for Allah loveth those who are kind” (Al-Maida, translation by Yusuf Ali).
The Surah
25:63 is rather categorical:
“And the
servants of (Allah) Most Gracious are those who walk on the earth in humility
and when the ignorant address them they say “Peace!” (Al-Furqan translation by Yusuf
Ali).
The most
oft-quoted Surah (2: 256) runs like this: “Let there be no compulsion in
religion. Truth stands out clear from error; whoever rejects evil and believes
in Allah hath grasped the most trustworthy hand-hold that never breaks. And
Allah heareth and knoweth all things (Al–Baqara translation by Yusuf Ali).
Such acts
of the Prophet's compassion, humility, and patience during his lifetime cannot
be disregarded by the "texts" of Islamic law. There are better
methods than demanding death penalties to show love and respect for the
Prophet. According to Ziauddin Sardar, an author and expert on Islam, who said
that blasphemy laws have no validity in the Quran. Asghar Ali Engineer, claimed
that the Prophet was "so spiritual that he would never indulge in seeking
revenge for personal insult." He was "a model human being to be
followed by others”. He uses the example of a Jewish woman who used to throw
trash on the Prophet whenever he passed by her house to mock him. However, the
Prophet made no attempt to punish her. The Prophet inquired as to why the woman
had not arrived with rubbish one day. The Prophet immediately rushed to see her
after learning that she was unwell. After acting inappropriately with such a
person, the woman felt ashamed of herself and joined Islam right away.
According to Engineer, seeking revenge for an insult "betrays the worst
human instincts" rather than being a sign of religiosity.
It should
be remembered that there was very little like blasphemy legislation throughout
the two centuries that followed the life of the Prophet Mohammad. The idea of
blasphemy first gained considerable traction during the Abbasid era, around the
start of the ninth century, especially in the context of revolt against Islam
and the government. It is plausible that the idea took on additional dimensions
in the context of establishing the legitimacy of the political authority of the
governing regimes.
It became
abundantly evident that the sole goal of Pakistan's blasphemy law, which was
introduced by a military dictator named Zia-ul-Haq, was to legitimize that
country's authoritarian government as an "Islamic state." In order to
gain a foothold in society through his military dictatorship, Gen. Zia also
complied with the objective of Pakistan's orthodox ulama. Since that time, even
after the switch to democracy, nothing has changed.
In
conclusion, Pakistan's blasphemy laws raise serious concerns about both its own
commitment to Islam and its compliance with international law. The deep state
in Pakistan pays little attention to protecting the rights to freedom of
expression, equality before the law, the avoidance of discrimination, and, most
importantly, a fair trial.
Blasphemy
laws have clear effects on the nation's religious and racial minorities and
lead to the problem of religious intolerance, fundamentalism, and radical
Islam. The question is whether the deep state will permit the political forces
and the civil society in the country to revisit the harsh blasphemy laws, in
their current form, and repeal or significantly revise all religious offenses
in accordance with its obligations under international human rights law. This
is true even as Islamabad has come under international pressure to combat
terrorism and religious extremism.
-----
A regular columnist for NewAgeIslam.com, Mubashir
V.P is a PhD scholar in Islamic Studies at Jamia Millia Islamia and freelance
journalist.
New Age Islam, Islam Online, Islamic Website, African Muslim News, Arab World News, South Asia News, Indian Muslim News, World Muslim News, Women in Islam, Islamic Feminism, Arab Women, Women In Arab, Islamophobia in America, Muslim Women in West, Islam Women and Feminism