Blasphemy Law: Dominance Without Toleration

Posted on November 26, 2010
Filed Under >Manan Ahmed (Sepoy), Law & Justice, Religion
43 Comments
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Manan Ahmed (Sepoy @ Chapati Mystery)

1. According to the 1998 census, there are slightly more than 2 million Christians (1.59% of total population) distributed roughly equally across urban and rural areas. As a minority the Christian community in Pakistan is predominantly located in the province (state) of Punjab. Although sizable communities are found in the cities of Quetta, Karachi and Peshawar as well.

1a. The Objectives Resolution of 1949 stated that in the Republic of Pakistan “adequate provision shall be made for the minorities freely to profess and practise their religions and develop their cultures;” The Objectives Resolution was made the preamble in the 1973 Constitution. The word “freely” was removed.

2. The Church of Pakistan was amalgamated from Methodist, Presbyterian and Anglican churches in 1970.

3. The earliest recorded attack on Christian communities was in 1952, when a family of 7 were burned alive in the village of Matti. The criminals were caught, prosecuted and hanged.

4. During the first two decades of Pakistan, Christian communities were largely integrated. They had a political party and in the 1951 and 1954 elections, they won four seats (each) in the local Punjab Assembly.

5. The 1973 Constitution of Pakistan declared that “Islam shall be the state religion of Pakistan” and restricted minority participation in government and politics.

6. General Zia ul Haq took over the state through a military coup in 1977 and the hung the deposed Prime Minister Zulfiqar Ali Bhutto in 1979. He also undertook a strict policy of “Islamization” through which laws and practices in the country were to brought in accordance with Islamic jurisprudence. Some of the most damaging new laws fell under the rubric of “Blasphemy”.

7. In 1980, he introduced Section 298-A under the Martial Law Ordinance which criminalized derogatory remarks against the earliest leaders in Muslim history, as well as the family and friends of the Prophet Muhammad. Section 298-B & C focused on disrespect to the holy book Qur’an as well as the declaration of apostasy towards the community of Ahmadis (a sect within Islam).

8. Section 298-A: Use of derogatory remarks etc. in respect of Holy Personages:

Whoever by words, either spoken or written, or by visible representations, or by any imputation, innuendo, directly or indirectly, defiles the sacred name of any wife or members of the family of the Holy Prophet or any of the righteous Caliphs or companions 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 with both

9. Section 295-B: Defiling etc. of copy of Holy Quran

Whoever willfully defiles, damages or desecrates a copy of the Holy Quran or of an extract therefrom or uses it in any derogatory manner or for unlawful purpose shall be punishable with imprisonment for life.

10. 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 shall be punished with death, or imprisonment for life and shall also be liable to fine.

11. Furthermore, in 1980, General Zia ul Haq by constitutional amendment created the Federal Shariat Court (FSC) through Article 203-D which had the following powers:

The Court may, either of its own motion or on the petition of a citizen of Pakistan or the Federal Government or a Provincial Government, examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam, as laid down in the Holy Quran and Sunnah of the Holy Prophet, hereinafter referred to as the Injunction of Islam.

12. In 1990, the FSC concluded that the “imprisonment for life” under Section 295-B and 295-C was unjust punishment according to Islamic law. The Sections were amended so that the only penalty remained was the death penalty.

13. The Blasphemy laws have become the main vehicle of prosecution and persecution of non-Muslims since 1980s. And, of ”other non-Muslims.

14. In Gujranwala, Punjab, in 1994, three men (including a minor) were accused of writing derogatory remarks against the Prophet. The three Christians, Rehmat Masih, Manzoor Masih and Salamat Masih were arrested. Manzoor Masih was murdered while awaiting trial. The others were acquitted after two years.

15. In Faisalabad, in 1998, Dr. Bishop John Joseph publicly committed suicide. He shot himself in front of the court room of Justice Rana Abdul Jabbar Dogar in protest of a death sentence that had been passed out against a Christian Ayub Masih for blasphemy on April 27th, 1998.

16. A series of terrorist attacks occurred in 2001 and 2002 against Christian establishments, perhaps as a result of Pakistani cooperation with United States in the war in Afghanistan: In October 29th, gunmen killed 16 Christians in the St. Dominic Roman Catholic Church near Multan. A grenade attack on International Presbyterian Church in Islamabad on March 17th, 2002 killed five and injured 40. Unknown assailants attacked Murree Christian School on August 5th, 2002 and killed six people. Unknown assailants attacked the Mission Hospital in Taxila on August 9th, 2002 and killed 4 nurses, injuring 21 others. Seven Christian workers of the charity “Idara Amn-o-Insaf” were killed on September 24th, 2002.

17. In November 2005, three churches, two schools and hostels and several houses of the Christian community were burned by a mob in the city of Sangla Hill. The mob had mobilized on the rumor that someone had blasphemed against the Prophet.

18. On September 27th, 2007 the missionary couple Rev. Arif Khan and Kathleen Khan were killed in their house in Islamabad on September 27th, 2007.

19. In August 2009, 60 Christian homes were burned in Gojra, 7 women and children were burnt alive. The accused were granted bail November 05, 2010.

20. Just on November 15, 2010, a man accused of blasphemy, upon release on bail, was shot dead by unknown assailants.

The inhumane legal treatment of so-designated “minorities” in Pakistan is starkly repugnant.

Sign your name.

Dr. Manan Ahmed blogs as Sepoy on Chapati Mystery where this post was first published.

43 responses to “Blasphemy Law: Dominance Without Toleration”

  1. JJ says:

    Muslims in the west are quick to identify discrimination against them. However, they remain SILENT on Muslim discrimination and intimidation of Christians in Muslim countries. SHAMEFUL

  2. Naan Haleem says:

    In Management, there is a term called “Glass Ceiling” which refers to discrimination against women. (some variations suggest other biases as well).

    In the west and now in the new corporate culture of Pakistan, we actually experience “Reverse Glass Ceiling”, where just to display the organization as EOE (Equal Opportunity Employer), the organisation prefers females for certain jobs even if the women are not competitive enough.

    This is a separate story that how this reverse glass ceiling is actually being used for exploitation of women. But this matter of Asiya Bibi and resultant uproar over the concerned law… it all looks to me a tug-of-war between glass ceiling and reverse glass ceiling.

    Asiya Bibi admitted in court that she said some insulting words, then in the court she apologised for her remarks. I think a review petition can settle the issue there and then in the light of Sunnah of Prophet Muhammad (PBUH) and I am sure that she will be pardoned by the higher court on the ground of being ashamed and apologetic over her words. At least her death sentence would be reduced to imprisonment.

    On the other side, it is the responsibility of political and religious leaders of non-muslim communities to widely disseminate the definition and consequences of inappropriate, insulting and blasphemous remarks so everyone should be careful in their words.

    On the law itself, OIC can be accessed to organise a congregation of the experts in Islamic jurisprudence. An IJMAA over the definition, legal proceedings and punishment of blasphemy will settle this heated discussion forever.

    Having said that, I strongly believe that there should be an equally strict law for false accusation of blasphemy. Anyone using Quran or Prophet Muhammad (PBUH) to settle personal scores must be tried under the same conditions and similar punishment be guaranteed.

  3. Allahkabanda says:

    @ Musalman

    Pakistan needs an entirely new system to keep pace with the modern world. Corruption and hypocrisy, not restricted to Mullahs only but to educated class as well, has become the trait of our nation. Almost every one every one wants to make quick money and get rich, those who cannot are hurled into beggary!!

    it may seem extreme but conditions debunk the need to get rid of all the existing so-called leaders, feudal lords, peers, pseudo-intellectuals, land lords , politicians and mullahs.
    Like China there should be death penalty for food and medicine adulteration and any or all laws which directly defame the country and are injurious to the welfare of the nation.

    No one should be held above the law….

    But as far as blasphemy law is concerned I think and may be i am wrong, it will continue to survive de facto because Pakistan is a Muslim-majority country and even if this law is repealed or revised there will yet be no guarantee for blasphemers to escape the capital punishment.

    In the present instance, the indicted blasphemer are now asking for US visa…and quarter! Funny, next time it will be all the minorities who will seek refuge against the repealed blasphemy law and look to the US or EU for safe quarter. Nice/lucrative business they would be in….. just blame Muslims that you are fear in persecution and lo!! you become eligible for visas to the US or EU!! Subhanallah!!

    By having the Blasphemy laws the minorities now seem to misuse and abuse the leniency or the repeal of this law in the way they are accusing Muslims of doing otherwise…kia baat he meray sarkaar kee!!

  4. Musalman says:

    I agree wit Allahkabanda that the real problem is in this “Islamic Republic” business. So, lets both start by dismantling and taking that out of the Constitution. After all, this was never supposed to be and those words were added only 30 years after the country was made to please the Mullahs who have since used them in every way they can to advance their anti-Muslim anti-Islam agenda.

    Let’s begin then by taking out the whole “Islamic Republic” language. Let us be Islamic or not by the actions of our citizens rather than by empty words in a Constitution that no one – least of all the Mullahs and their Taliban friends – seem to respect.

  5. Allahkabanda says:

    @ Musalman

    I am with you but we have more important problems than the present case. Let this case fist go to Supreme court for a final verdict and on that basis let’s together voice against other black laws….most of which belong to the Colonial times and whims.

    But as long as Pakistan continues to be an Islamic Republic the yearnings and aspirations of wayward Musslamans to make the country a like of Bangkok or Manila is not going to see the light of the day.

    Mullah or no Mullah, beard or no beard, a Muslim is a Muslim and he cannot imagine to go beyond his BOOK!!

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