My first contribution to the forum.
June 14, 2014 at 8:20 am
(This post was last modified: June 14, 2014 at 8:21 am by Qtian.)
I am currently working on an exposition of blasphemy laws within Pakistan, This is the first part:
(If you would like to know the sources that I used, feel free to ask me)
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In 2000, a Lahore high court judge publicly stated that Muslims have a religious obligation to kill anyone accused of blasphemy on the spot, with no need for legal proceedings. Despite a later retraction, this statement shows the degree of violence surrounding the issue of blasphemy.
Abstract
Pakistan has codified some of the world’s most draconian anti blasphemy laws, which can carry a life sentence or the death penalty. While there have been no official executions for blasphemy, extremists have frequently murdered the accused before, during or after adjudication… even after an acquittal. A vastly disproportionate number of cases involve the Ahmadi and Christian minorities, who are particularly vulnerable, since in blasphemy cases, their testimonies count for less than that of Muslims. Mobs, whipped into hysteria by blasphemy accusations broadcast from mosques, have assaulted typically with impunity, the accused, their families and their coreligionists, attacking houses of worship, homes and destroying entire villages.
In Punjab in 2009, after an unfounded assertion that a Qur’an had been desecrated, at least seven Christians were burned alive and over fifty houses torched. Reports indicated that groups linked to Al- Qaeda were involved. Muslim reformers are also targeted and silenced.[1]
Author Younus Shaikh was sentenced to life in prison for “deviating from the teachings of the Qur’an” by criticising the act of stoning for adultery. Whilst campaigners have called for the rescinding of blasphemy laws, public opinion and entrenched extremism prevents them from acting.[2]
Pakistan?
The most popular explanation of the name “Pakistan” involves a combination of Persian and Urdu. The suffix –stan means “to stand or stay” whilst “Pak” implies a state of purity. Therefore, Pakistan is essentially referred to as “The Land of Pure”.
Blasphemy Laws
After the separation of Bangladesh in the 1970s, the prime minister strengthened ties with the Gulf States in attempt to boost trade prospects. He eventually outlawed gambling, night clubs and alcohol. He planned to implement sharia but was hanged on murder charges in 1979. His deposition was led by General Zia ul-Haq. It was under Zia that Pakistan’s notorious blasphemy laws were introduced. Until then, the penal code had only criminalised the injuring or defiling of a place of worship with the intent to “insult the religion of any class".[3]
Section 298-A: Added in 1980, it stipulates: “whoever by words, either spoken or written, or by visible representation, or by any innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife, or members of the family of the Holy prophet shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or both”.
Sections 295-B and C are specifically directed against Ahmadis.
Section 295-B: Added in 1982, requires: “Whoever wishfully 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”.
Section 295-C: Added in 1986, requires: “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 punished with death, or imprisonment for life, and shall also be liable to fine”. The stakes were upped in 1990 when the Federal Shariat Court ruled: “The penalty for contempt of the Holy prophet… is death and nothing else.”
In principle, this is not binding but the government has not yet amended the law which means that the provision for a life sentence still formally exists.[4]
In Pakistan, as in other countries with blasphemy laws, people can, in practice be charged with any range of vague offences, such as “damaging religious feelings”. Rules of evidence are commonly violated, and the laws are frequently used to settle private disputes, grudges, and vendettas. During blasphemy hearings, religious extremists often pack courthouses and threaten the accused, especially if there is the possibility of an acquittal. To make matters worse, in a vicious ratchet effect, those who question the blasphemy laws can then themselves be accused of questioning Islam, thus becoming suspects under the very law that they have challenged. Ill-defined blasphemy laws are utilised in a plethora of contexts against Muslims and Non-Muslims.
This is heavily dependent on the works of Paul Marshall & Nina Shea, a lot of the credit must go to them.
(If you would like to know the sources that I used, feel free to ask me)
---------------------------------------------------------------------------------------
In 2000, a Lahore high court judge publicly stated that Muslims have a religious obligation to kill anyone accused of blasphemy on the spot, with no need for legal proceedings. Despite a later retraction, this statement shows the degree of violence surrounding the issue of blasphemy.
Abstract
Pakistan has codified some of the world’s most draconian anti blasphemy laws, which can carry a life sentence or the death penalty. While there have been no official executions for blasphemy, extremists have frequently murdered the accused before, during or after adjudication… even after an acquittal. A vastly disproportionate number of cases involve the Ahmadi and Christian minorities, who are particularly vulnerable, since in blasphemy cases, their testimonies count for less than that of Muslims. Mobs, whipped into hysteria by blasphemy accusations broadcast from mosques, have assaulted typically with impunity, the accused, their families and their coreligionists, attacking houses of worship, homes and destroying entire villages.
In Punjab in 2009, after an unfounded assertion that a Qur’an had been desecrated, at least seven Christians were burned alive and over fifty houses torched. Reports indicated that groups linked to Al- Qaeda were involved. Muslim reformers are also targeted and silenced.[1]
Author Younus Shaikh was sentenced to life in prison for “deviating from the teachings of the Qur’an” by criticising the act of stoning for adultery. Whilst campaigners have called for the rescinding of blasphemy laws, public opinion and entrenched extremism prevents them from acting.[2]
Pakistan?
The most popular explanation of the name “Pakistan” involves a combination of Persian and Urdu. The suffix –stan means “to stand or stay” whilst “Pak” implies a state of purity. Therefore, Pakistan is essentially referred to as “The Land of Pure”.
Blasphemy Laws
After the separation of Bangladesh in the 1970s, the prime minister strengthened ties with the Gulf States in attempt to boost trade prospects. He eventually outlawed gambling, night clubs and alcohol. He planned to implement sharia but was hanged on murder charges in 1979. His deposition was led by General Zia ul-Haq. It was under Zia that Pakistan’s notorious blasphemy laws were introduced. Until then, the penal code had only criminalised the injuring or defiling of a place of worship with the intent to “insult the religion of any class".[3]
Section 298-A: Added in 1980, it stipulates: “whoever by words, either spoken or written, or by visible representation, or by any innuendo or insinuation, directly or indirectly, defiles the sacred name of any wife, or members of the family of the Holy prophet shall be punished with imprisonment of either description for a term which may extend to three years, or with fine or both”.
Sections 295-B and C are specifically directed against Ahmadis.
Section 295-B: Added in 1982, requires: “Whoever wishfully 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”.
Section 295-C: Added in 1986, requires: “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 punished with death, or imprisonment for life, and shall also be liable to fine”. The stakes were upped in 1990 when the Federal Shariat Court ruled: “The penalty for contempt of the Holy prophet… is death and nothing else.”
In principle, this is not binding but the government has not yet amended the law which means that the provision for a life sentence still formally exists.[4]
In Pakistan, as in other countries with blasphemy laws, people can, in practice be charged with any range of vague offences, such as “damaging religious feelings”. Rules of evidence are commonly violated, and the laws are frequently used to settle private disputes, grudges, and vendettas. During blasphemy hearings, religious extremists often pack courthouses and threaten the accused, especially if there is the possibility of an acquittal. To make matters worse, in a vicious ratchet effect, those who question the blasphemy laws can then themselves be accused of questioning Islam, thus becoming suspects under the very law that they have challenged. Ill-defined blasphemy laws are utilised in a plethora of contexts against Muslims and Non-Muslims.
This is heavily dependent on the works of Paul Marshall & Nina Shea, a lot of the credit must go to them.